Low Cost Titling in Africa

Transcription

1 Low Cost Titling in Africa Land Tenure Regularisation in Rwanda Presentation to the World Bank Annual Land Conference, Washington DC April 26-27, 2010 National Land Centre, Ministry of Environment and Land, Rwanda HTSPE International Ltd, UK

2 Structure Context/background First-time registration the start LTR methodology Results and targets for Land Tenure Regularisation (LTR) Is LTR in Rwanda low cost? Why is it low cost? Issues arising in the LTR process Conclusions and recommendations

3 Map of Rwanda Population: 10.7 mn (July 2009 est.) Total Area: 26,338 sq km GDP Per Capita $1,000 Population density: 408 per km

4 Context : Emergency situation refugees and IDPs -> resettlement and land sharing Post 1999: Emergence of more formal structure and mechanisms to deal with land Why was formal land tenure an important focus of government policy?

5 Context (ctd) 2004: Land Policy approved with guiding principles emphasising equality and security of access to land, underpinning sustainable and optimal land use and development. Well defined and strengthened institutional and legal framework viewed as essential for implementation of land policy. November 2005: Organic Land Law (OLL) approved: Customary tenure abolished but rights previously obtained protected Land registration and titling mandatory nationwide Two types of private land tenure established: Long-term, renewable leases of between 15 and 99 years, depending on the type and use of land, remaining under grant from the State; Absolute title or full ownership of land (criteria for allocation still undergoing clarification). State ownership of all land not under absolute title and other categories: Public reserved for organs of the State or for environmental protection; Private land not belonging to private individuals or not in the public domain.

6 First-time Registration the Start Implementation of first-time registration: Structures established to implement the OLL and produce secondary legislation: National Land Centre (NLC) District Land Bureaux Land Commission Pilot process in 4 districts (1 in each of 4 provinces) to test: Reaction to LTR Legislation Proposed methodology Subsequent scaling up to national level roll-out of Strategic Road Map

7 LTR Methodology Notification of LTR Areas Training of Committees and Local Information Campaign Demarcation and Adjudication Objections and Corrections Period Claims with No Objections Claims with Objections Abunzi/Dispute Resolution or Other Mediation Final Registration and Titling

8 LTR Methodology (ctd) Key features: Highly participatory establishment of Adjudication Cell Land Committees comprising community members for registration of claims and disputes, and issue of claims receipt Use of satellite imagery/orthophotos of Rwanda: Satellite imagery used for pilot phase but now using orthomaps produced for LUP project without cost and with much greater clarity Field sheets printed by NLC at scale of 1:1,000 for urban areas and 1:2,000 for rural areas Use of para-surveyors from local community to sketch plots on maps and attribute parcel identification number: Young, with school education Several days training plus additional supervision by fully qualified surveyor Maps sent back to NLC for digitalisation: In pilot phase, digitalisation in Nairobi from traced maps In roll-out phase, digitalisation done in NLC in Kigali at 1:500 scale (reducing time, cost and errors) Dispute settlement procedure: Individuals Cell Land Committee Abunzi Court of Law Production of contract (between landholder and government of Rwanda) and certificate (land title)

9 Results and Targets for LTR Phase I (Pilot), Field Trials Province District No. of HH No. of Villages No. of Parcels Total Area (ha) West Karongi , North Musanze 1, , Kigali Gasabo 1, , East Kirehe ,895 2,058 3, ,908 3,448

10 Results and Targets for LTR (ctd) Phase I (pilot), : Extremely low level of disputes (mainly intrafamily) Institutional capacity strengthened Interim period (July 2009-June, 2010): Teams in 27 of the country s 30 districts Demarcation carried out of 600,000 parcels Should hit target of demarcation of 800,000 parcels set for 2009/10

11 Results and Targets for LTR (ctd) Phase II (scaling up), June 2010-May 2013: Sensitisation and public awareness raising communications strategy National, systematic registration and enabling demand-driven registration: Target: approx. 8 million parcels demarcated up to 2011/12 (see next slide) Institutional framework and capacity building (first-time registration and maintenance of system): Support to land institutions for equipment and staff Field staff LTR Programme Support Team Creation of structures and systems to maintain registration and transactions Monitoring and evaluation: Joint exercise between NLC, DFID and World Bank GOR Gender Monitoring Observatory (two rounds of monitoring)

12 Accumulated Total Target No. of Parcels Demarcated 9,000,000 8,000,000 7,900,000 7,000,000 6,000,000 5,000,000 4,000,000 3,950,000 3,000,000 2,000,000 1,000, , / Accumulated Total No. of Parcels Demarcated

13 Is LTR in Rwanda Low Cost? Estimated Land Registration and Titling Costs (US$) Rural Titling Urban Titling Recurrent Costs Per parcel Per hectare Source: Strategic Road Map, April 2009

14 Why is it Low Cost? Methodology Use of frontline technology, permitted by accelerated technological improvements (satellite imagery then orthophotos) Use of para-surveyors (rather than traditional surveyors) Community participation - locally recruited and based staff Economies of scale due to high level of coordination between different exercises (orthophotos produced for range of other purposes) Commitment of people to getting job done without high level of compensation recognition of importance of the exercise, e.g., local leaders work without salaries

15 Issues Arising in the LTR Process Who should bear the cost and at what level? Flat fee after demarcation and adjudication: Rw Fr 5,000/parcel inside Kigali City Rw Fr 1,000/parcel outside Kigali City Size-related fee on issue of land certificate (see next slide) Cost vs. accuracy tolerance levels Institutional roles and capacity for large-scale LTR processes Mismatch between formal legal systems more aligned with Western culture and customary systems which continue to exist (e.g., polygamy) Dispute settlement procedures Collective settlements and land exchange Establishment of systems and structures for efficient and transparent maintenance of registration system to take on board transactions (institutional strengthening needed such that institutions can maintain and apply law effectively)

16 Fees Paid at the Issuance of Certificate of Registration of Emphyteutic Leases (Rw Francs) Land Size Rural Area Other Urban Areas and Trading Centres City of Kigali > 1 ha - 5,000 5,000 1ha -4ha 1,000 10,000 20,000 5ha 9ha 5,000 25,000 45,000 10ha-24ha 10,000 50, ,000 < 25 ha 25, , ,000

17 Conclusions and Recommendations Methodology in Rwanda good point of reference for low cost titling in Africa and other developing countries However, must be embedded within specific context of each country and balance between cost, accuracy and social and political priorities assessed Strong political will and backing of the people essential