SUSTAINING CUSTOMARY LAND SECRETARIATS FOR IMPROVED INTERACTIVE LAND GOVERNANCE IN GHANA

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1 SUSTAINING CUSTOMARY LAND SECRETARIATS FOR IMPROVED INTERACTIVE LAND GOVERNANCE IN GHANA J O H N B U G R I D E P A R T M E N T O F L A N D E C O N O M Y, K W A M E N K R U M A H U N I V E R S I T Y O F S C I E N C E A N D T E C H N O L O G Y, K U M A S I W O R L D B A N K C O N F E R E N C E O N L A N D A N D P O V E R T Y W A S H I N G T O N, D C A P R I L ,

2 OUTLINE OF PRESENTATION 1. Problem 2. Methodology 3. Concepts 4. Results 5. Analysis 6. Conclusion and Way Forward

3 1. THE RESEARCH PROBLEM According to FAO (2007) good land governance cannot be found where there is insufficient capacity to deliver services. Enemark (2006) observed that in many developing countries, the national capacity to manage land rights, restrictions and responsibilities is not well developed regarding maturity of institutions and the necessary human resources and skills. Bugri (2008) noted that the land governance process in Ghana requires the collaborative efforts of stakeholders in both customary and modern tenures, not least because of immanent capacity weakness in the dominant customary land governance sector in dealing with evolving realities.

4 1. THE RESEARCH PROBLEM CONT D Thus LAP-1 had as one of its objectives: to support the development of customary land secretariats (CLSs) in Ghana, as effective, accountable local structures for administration of land... (and)...[p]articular attention (was to) be paid to strengthening the capacity of CLSs to address the needs of diverse populations within their communities, and recognise the great range of customary tenure systems in different regions of Ghana (Government of Ghana, 2003). This paper assesses the extent to which the above objective has been met and proposes a way forward.

5 2. THE METHODS OF INVESTIGATION The overall approach was based on a heuristic framework for investigating land governance issues as shown in Fig. 1. Three important considerations in the design of research instruments (i.e. semi-structured and unstructured interview schedules) for data acquisition were: (a) the time/policy context in establishment of CLS. (b) the north-south tenurial divide of Ghana (c) urbanisation and the scarcity value of land.

6 2. THE METHODS OF INVESTIGATION CONT D Based on a mixed methodological approach data was collected from 17 out of the 37 functional CLSs in the country between May and July of 2009.

7 FIG 1 A HEURISTIC FRAMEWORK FOR INVESTIGATING LAND GOVERNANCE PROBLEMS Policy Context Institutions Objectives/Impacts ECONOMIC FINANCIAL POLITICAL JUDICIAL ENVIRONMENTAL SOCIAL TRADITIONAL/CUSTO MARY SYSTEM OF LAND GOVERNANCE STATE/MODERN SYSTEM OF LAND GOVERNANCE TENURE REFORM SPATIAL ORDER LAND MARKETS INTERACTIVE LAND GOVERNANCE e.g.

8 3. CONCEPTUAL ANALYSIS 3.1 What is land governance? In general, good governance as a democratic process is attained when societies achieve broad agreement on relevant policies and pursue, implement and enforce these policies through an agreed set of institutional arrangements, laws and administrative procedures. For the purpose of this paper, land governance is defined as: the rules, processes and organisations through which decisions are made about access to land and its use, the manner in which decisions are implemented and the way that competing interests in land are managed in the day to day operations of customary land secretariats (CLSs).

9 3. CONCEPTUAL ANALYSIS CONT D 3.2 What is interactive land governance? The application of the concept of interactive governance by Kooiman et al (2005) as: The whole of interactions taken to solve societal problems and create societal opportunities; including the formulation and application of principles guiding those interactions and care for institutions that enable and control them to the roles and operations of CLSs in land governance.

10 3. CONCEPTUAL ANALYSIS CONT D 3.3 Functions of CLSs consolidate and develop landholding rules, allocation and transaction procedures, adopt simple land use planning for customary areas, identify and resolve overlapping stakeholder land claims; develop more effective dispute resolution procedures, reach agreement with neighbouring communities on the boundaries of the customary land areas, establish simple registries to record land allocations; develop certificates of entitlement for land rights and develop mechanisms which improve the security of those identified as most likely to be vulnerable in the community (GoG, 2003).

11 Basic Functions of CLSs Public Notice of Rights Regulation Enforcement Parcel Information Management Revenue Generation Validation And Security

12 3. CONCEPTUAL ANALYSIS CONT D 3.3 What is Capacity building?: For the purpose of this paper, Groot and Molen s (2001) definition of capacity building as: the development of knowledge, skills and attitudes in individuals and groups of people relevant in the design, development and maintenance of institutional and operational infrastructures and processes that are locally meaningful was adopted for the reason that it emphasizes the human development dimension of capacity building which is crucial to the role of CLSs in land governance.

13 3. CONCEPTUAL ANALYSIS CONT D In building capacity in line with the overall policy environment, for example, in the case of CLSs, the country s national land policy, and checking for coherence between specific actions and the national land policy framework, capacity development is achieved by ensuring that:...the process by which individuals, groups and organisations, institutions and societies increase their abilities to perform core functions, solve problems, define and achieve objectives and understand and deal with their development needs in a sustainable manner (UNDP, 2002).

14 4. RESULTS Table 1a CLS Equipment Status in UER EQUIPM T BOLGA BONGO SANDEMA PAGA Computer Yes Yes Yes No Printer No No Yes No Photocopier No Yes Yes No Office Furn. Yes Yes Yes Yes Fax Machine No No No No Scanner No Yes Yes No Binding Mach No No No No Motorbike No Yes Yes Yes Air Cond Yes Yes Yes Yes

15 Table 1b CLS Personnel Status in UER PERS REQ. BOLGA BONGO SANDEMA PAGA Administrator Yes Yes Yes Yes Land Surv. No No No No Acc Clerk Yes No No No Secretary Yes No Yes Yes ICT Officer No No No No Tech Officer Yes No No No PRO Yes Yes Yes Yes Messenger No No No No Typist No Yes No No Field Officers No No No No

16 Table 2a CLS Equipment Status in UWR EQUIPM T WA CENTRAL WA SAGMAALU TABIASE Computer Yes Yes Yes Printer No No No Photocopier No No No Office Furn. Yes Yes Yes Fax Machine No No No Scanner No No No Binding Mach No No No Motorbike Yes No Yes Air Cond. Yes Yes No

17 Table 2a CLS Personnel Status in UWR PERS REQ. WA CENTRAL WA SAGMALU TABIASE Administrator Yes Yes Yes Land Surveyor No No No Accounts Clerk Yes Yes No Secretary Yes Yes Yes ICT Officer No No No Technical Officer No No No PRO Yes No Yes Messenger No No No Typist Yes Yes Yes Field Officers No No No

18 Table 3a CLS Equipment Status in NR EQUIPM T TAMALE DAMONGO Computer Yes Yes Printer Yes No Photocopier Yes No Office Furn. Yes Yes Fax Machine Yes No Scanner No Yes Binding Mach No No Motorbike No No Air Cond. Yes Yes

19 Table 3b CLS Personnel Status in NR PERS REQ. TAMALE DAMANGO Administrator Yes Yes Land Surveyor No No Accounts Clerk Yes Yes Secretary Yes No ICT Officer No No Technical Officer Yes No Public Relations Officer Yes Yes Messenger No No Typist No Yes Field Officers No No

20 Table 4a CLS Equipment Status in BAR EQUIPMENT NKRONZA DORMA AHENKRO TECHIMAN Computer Yes Yes Yes Printer No Yes Yes Photocopier Yes Yes No Office Furniture Yes Yes Yes Fax Machine No No No Scanner No Yes No Binding Machine No No No Motorbike Yes Yes No Air Conditioner Yes No Yes

21 Table 4b CLS Personnel Status in BAR PERS REQ. NKRONZA DORMA-AHEN TECHIMAN Administrator Yes Yes Yes Land Surveyor No No No Accounts Clerk No No No Secretary No No No ICT Officer No No Yes Technical Officer No No Yes P R O Yes Yes Yes Messenger No No Yes Typist Yes Yes Yes Field Officers No No No

22 Table 5a CLS Personnel Status in AR EQUIP. BEKWAI NKAWIE EJISU AGOGO MAMP G Computer Yes Yes Yes Yes Yes Printer Yes Yes No No No Photocop. Yes Yes Yes Yes Yes Office Furn Yes Yes Yes Yes Yes Fax Mach. No No No No No Scanner Yes Yes No No Yes Bind Mach No No Yes No No Motorbike Yes Yes No Yes Yes Air Cond. Yes Yes No Yes Yes

23 Table 5b CLS Personnel Status in AR PERS REQ BEKWAI NKAWIE EJISU AGOGO MAMP G Adm. Yes Yes Yes Yes Yes Land Surv. No No Yes No No Acc Clerk No No No No No Secretary Yes Yes No No Yes ICT Officer Yes No No Yes Yes Tech Off Yes No No Yes Yes P R O No Yes Yes Yes Yes Messenger No Yes No No No Typist No No No Yes No Field Off. No Yes Yes No No

24 5. ANALYSIS AND KEY FINDINGS No land surveyor in any of the 17 CLSs sampled. No field officer in any of the 17 CLSs sampled. Three (3) ICT officers in AR and one (1) in BAR. Three (3) Tech. Officers (TO) in AR, one (1) TO in UER, One (1) TO in NR and one (1) TO in BAR. No single CLS staff had a qualification in land mgt. and adm. in any of the CLSs sampled. Financial sustainability of CLSs was a key problem. Equipment and logistics were still required for CLSs. Lack of a legal basis for operations of CLSs.

25 6. CONCLUSION AND WAY FORWARD 6.1 Conclusion The paper concludes that CLSs lack the needed capacity for providing efficient and effective land governance services. It is therefore the view of the paper that capacity building in traditional land governance should be scaled up and emphasis put on the need for human resource development. Also, a legislative basis is required for the existence of CLSs as a way of strengthening traditional land governance in the country. For the long-term financial sustainability of CLSs a business model approach with safeguards for the vulnerable in society is needed.

26 6. CONCLUSION AND WAY FORWARD 6.2 Way Forward This study proposes a gradual but incremental four-phase developmental process towards sustaining CLSs. First, the current situation where the CLSs are in a pilot phase and play a subsidiary role in overall land governance; Second, recognition of CLSs as a central and permanent component within land governance and playing a complementary role to the Land Registration Division of the Lands Commission; Third, an enhancement of the second phase with improved capacity and responsibilities; Finally, a fully CLS integrated and unified land governance system.

27 PHASE 1: CURRENT Document Flow Financial flow

28 PHASE 2: PROPOSED Document Flow Financial Flow

29 PHASE 3: PROPOSED Document Flow Financial Flow

30 PHASE 4: PROPOSED Fully Integrated CLS Final Phase 4: Proposed Proposed 4-phase development model for CLSs

31 THANK YOU FOR YOUR ATTENTION