LGAF Ghana

Transcription

1 LGAF Ghana SUMMARY OF POLICY DIALOGUE RECOMMENDATIONS WITH SUGGESTED TIMELINES FOR IMPLEMENTATION Results Plicy dialgue February Accra, Ghana POLICY ISSUE LGAF PROPOSED ACTION AGREED ACTION AT POLICY DIALOGUE LEGAL AND INSTITUTIONAL FRAMEWORK The legal and institutinal refrm prcess des nt reflect the nrms, values and traditins f the varius ethnic grups in the cuntry. Custmary Land Secretariats CLS) lack legal framewrk needed t functin as decentralized land gvernance structures perfrming imprtant land functins. Land functins f Ministerial, Department and Agency levels verlap and need streamlining. District Assemblies and Twn and Cuntry Planning Departments still have an autnmy safeguarding mentality f their functins which des nt cntribute t harmnius articulatin f land gvernance rles. Land speculatin prduces land scarcity in the case f many periurban fringes as agricultural lands are taken and left undevelped fr enhanced market values t be reaped by speculatrs ver time. Frthcming Land Act t envisage harmnizatin f land laws. Legal basis fr CLS enshrined in frthcming Lands Act. Gradual scaling up f CLS frm current 37 t 100 Draft Lands Bill apprved including revisins and prpsed slutins t verlapping functins f OASL and Lands Cmmissin. Land Use Planning Bill must deal with hrizntal verlapping, particularly in the case f develpment cntrl functins f District Assemblies and the Twn and Cuntry Planning Department. Prvide fr the review and frmulatin f apprpriate fees fr land services delivery and particularly fees n land acquired fr speculative purpses and left undevelped in many periurban fringes f the cuntry as envisaged under Cmpnent 1 f LAP 2. Establish mechanisms fr the Overlap with respect t mandate ver land use planning will be addressed in upcming legislatin N agreement n whether a separate legal framewrk in the nature f an Act fr CLS is the best way frward fr cnslidatin, but current prvisins in the lands bill prvide legal basis fr CLS LAP-2 will upscale CLS t 50 demand led apprach t prmte wnership/ cmmitment Tailr made capacity develpment f CLS required; infrmed by nging evaluatin f 19 CLS Clarify respnsibility fr capacity develpment and versight f CLS (Lands cmmissin) LAP-2 will prvide fr review f fee structure PROPOSED IMPLEMENTATION TIMELINE MARCH, 2013 MARCH, 2013 FIVE (5) CLS PER ANNUM FOR FIVE YEARS CAPACITY OF FIVE (5) CLS DEVELOPED PER ANNUM FOR FIVE YEARS MARCH, 2013 WITH PASSAGE OF LANDS ACT. DECEMBER, 2012 MONITORING INDICATORS Legal instruments (laws, by-laws, directives) harmnizing entrenched in lcal values and traditins are in place Legal framewrk fr CLS cmpleted Increase in number f CLS peratinal Increase in number f public fficials trained in efficient and effective client service delivery Number f wrkshps and disseminatin activities carried ut Decreased land speculatin in peri-urban areas.

2 cllectin f these fees t imprve equity in land distributin and land revenue generatin. PUBLIC LAND MANAGEMENT Mst interests in land are nt registered and therefre are kept unknwn. Leasehld is the nly interest cmmnly registered as a deed r title. In practice, difficulties exist in the registratin f the ther interests in land. CLS started recrding f sme, especially the usufructuary interests and custmary tenancies (as part f the tasks f Cmpnent 2 f LAP 1). These custmary land secretariats serve as lcal surces f recrds f peple s claims t land but may nt necessarily fllw frmal legal prcesses f deeds r title registratin. Public perceptin f land institutins as crrupt is high. Arbitrariness in the applicatin f the rate impst in rating valuatin by district assemblies leading t unfairness in rateable values. The district assemblies have little incentives t imprve valuatin methds and increase land tax Based n recent experience, develp simplified mechanisms fr deeds registratin f the custmary usufruct as a means t imprving n security f tenure. Target prgrammes fr increased wmen s land rights registratin. Prvide supprt t CLSs t embark n public sensitizatin t facilitate implementatin at the lcal level as attempted under LAP 1 but discntinued due t ppsitin frm sme Chiefs. Refrm the Cmmn Fund Sharing Frmula t include rewards t district assemblies that perfrm and meet set targets f internal revenue generatin frm prperty rates. Imprve upn the image f the land institutins as crrupt by enhancing service delivery withut rent-seeking behavir thrugh refresher curses n client service training as started by the Millennium Develpment Retry pilting f custmary usufruct recrdatin in cllabratin with engaged traditinal authrities (via OASL) in at least tw (2) pilt areas Prperty rates are already part f cmmn fund sharing frmula. DA shuld fllw prcedures fr setting prperty rates, but educatin f DA required. Address verall Human resurces strategy f Lands cmmissin ( availability, skills, cmpetence, attitude; prductivity and client respnsiveness), requiring human resurce develpment plan and implementatin f same; LAP-2 can prvide supprt n request LAP-2 supprts inventry f public land, invlving CLS Cntinue apprach LAP-1 in LAP 2 t prmte wmen s land rights registratin (LAP-1: 30% titles/ deeds in name f wmen); analyse and address challenges fr wmen s land rights related t inheritance and ensure passage f spusal rights t prperty bill. JUNE, 2013 DECEMBER, 2012 HRD PLAN IN PLACE BY JUNE 2013 AND ROLED OUT OVER LAP 2. ONGOING INVENTORY COMPLETED BY DECEMBER, OVER THE DURATION OF LAP PASSAGE OF SPOUSAL RIGHTS TO PROERTY ACT BY JUNE, N f deeds registered including usufructuary title t land. N f husehlds satisfied with the level f generatin and judicius applicatin f revenues by District Assemblies, increased equity in land valuatin and increased cnsistency f land valuatins. Reduced perceptin f land institutins as crrupt. Increased wmen registratin f land rights. Fewer cases f cmpulsry acquisitin and all cases f cmpulsry acquisitin backed with available mney t pay in an escrw accunt befre acquisitin takes place. Reduced incidence f land guards in urban and

3 cllectin Cmpulsry land acquisitin and vesting f land have negative effects n livelihds f indigenes. The phenmenn f land guards a hindrance t gd public land management. Authrity fr the staff f the Lands Cmmissin. Plicy n cmpulsry land acquisitin and vesting/devesting develped and the principle f prmpt, adequate and fair cmpensatin implemented effectively. Inventry f public lands t be cmpleted as envisaged under LAP-2. Plicy and apprpriate legislatin t cntrl land guards develped. Engage CLS in sensitizatin n wmen s rights Mre cllabratin between the Lands Cmmissin and the LAP t facilitate task executins in land gvernance and peridic meetings between these tw bdies suggested. Plicy framewrks fr cmpulsry acquisitin, vesting and devesting as well as land guards develped. THROUGHOUT LAP DURATION ENGAGE IN REGULAR MEETINGS AS FROM MARCH, DECEMBER, 2014 peri-urban Ghana LAND USE PLANNING, MANAGEMENT AND TAXATION The planning system in Ghana is weak and as a result, urbanizatin prcesses create a series f prblems such as uncntrlled grwth f urban areas in the nature f urban sprawls. The planning system has been unable t cpe with the uncntrlled urbanizatin prcess. This cmprmises the future sustainability f cities and their relatinship with the rural areas. In the capital city, as a result f the need f a better use f space, cndminiums are being put in place spntaneusly withut any plicy r legal guideline thus creating ptential cnflicts. Revenues btained frm landrelated services fr vesting Imprve upn the delivery f planning services as a means t ensuring that future develpment cnfrms t planning legislatin in the cuntry as envisaged under Cmpnent 3 f LAP 2 fr bth individual and grup land rights hlders. Undertake and prmte the large scale regularizatin f unauthrized develpments where apprpriate in urban and peri-urban cmmunities. Put in place a plicy n the develpment f cndminiums based in the experience underway in the natinal capital. Prepare design study t Implementatin cmpnent 3 f LAP 2 Twn and cuntry planning authrity will be established t guide strategic planning, implementatin is with district assembly Fast track Strategic planning fr regins where investments are expanding fast (e.g. western regin) N agreement n best way frward t enfrce develpment cntrl legislatin, fr example, use f prvisinal title t land favured by twn planners, while Lands Cmmissin insists n prven title t land befre MARCH, 2013 JUNE, 2014 OCTOBER, 2012 THROUGHOUT DURATION OF LAP2 DECEMBER, 2015 N f urban areas with develpment cntrl practice effective increased. N f urban grup land rights hlders titles regularised increased. Law t regulate cndminium used develped. Cnstitutinal review f Cmmn Fund Frmula

4 devesting lands are distributed accrding a frmula cnstitutinally established. (OASL) retains 10% t itself fr administrative services rendered; and f the remainder treated as 100% gives the District Assemblies (55%); the Stl/Skin (25%) and the Traditinal Cuncil (20%). This is incnvenient because the revenue applicatin is unfair, there is lack f accuntability and transparency. include mass valuatin methdlgies fr the revisin f valuatin rlls. Review the Cmmn Fund Sharing Frmula by including rewards t district assemblies that perfrm and meet set targets f internal revenue generatin frm prperty rates. Imprve upn the delivery f planning services as a means t ensuring that future develpment cnfrms t planning legislatin in the cuntry as envisaged under Cmpnent 3 f LAP 2 fr bth individual and grup land rights hlders. Practive planning rather than ad hc and reactive planning. develpment can take place. Hwever, n existing unauthrised develpments, cnsensus was that regulatins are made and publicised t ensure enfrcement. Increase capacity Twn and cuntry planning department/ DA; training f mre planners (KNUST) and recruitment Need fr law n cndminium fr the cuntry but existing nes currently registered as strata titles by the Land Title Registry Land agencies better funded Percentage f urban cmmunities wrking tward becming sustainable cities increased. Reductin in days t btain develpment permits and decreased number f infrmal develpments

5 DISPUTE RESOLUTION Bundary delimitatin f cmmunal lands has been initiated at pilt prject level and imprtant experience has been accumulated. Cmpleting bundary delimitatin is necessary t reduce cnflicts. Curts are verwhelmed with numerus cases and underresurced t equal the challenge f justice delivery in a timely manner. Scale up pilt prjects fr surveying and demarcatin f cmmunal land bundaries, frm current 10 t 30, building upn lessns learnt under LAP 1. Facilitate the adptin f lcal level dispute reslutin mechanisms t help reduce the backlg f land cases in the curts as cmplementary t the special land curts established under LAP 1 and ensure that CLSs play a key rle in the reslutin f land disputes in their areas f jurisdictin by imprving n their efficiency and enfrcement f decisins made. Evaluate results LAP-1 and prepare prpsal fr LAP-2 LAP 2 t supprt lcal level dispute reslutin mechanisms in 10 traditinal authrity areas n a pilt basis, centered arund effective CLS areas. LAP 2 supprts cnslidatin and effectiveness f CLS JANUARY, SEPTEMBER N f cmmunities surveyed and registered. Reductin f bundary cnflicts. Increased cnfidence in peple s participatin in lcal level disputes Overall reductin f cnflicts that are landrelated. PUBLIC PROVISION OF INFORMATION Large sectins f the ppulatin d nt participate in land administratin services (either as prviders and users f infrmatin) due the large illiterate rate. Access t infrmatin n land dependant n status and recgnitin rather than being a public service t be delivered. Facilitate the recrding and keeping f land infrmatin and the accessibility f land infrmatin by the public thrugh the use f advertisements, drama prgrammes and jingles n radi and televisin in lcal languages and sensitizatin in areas like churches and msques as additinal t the print media in reaching t the Publicity t and enfrcement f the cde f ethics that guides the cnduct f staff f the land sectr agencies t serve as a deterrent t crrupt practices Institutin f a district, reginal and natinal reward system fr staff wh shw exemplary service with integrity Pst at vantage pints in all ffices f the land sectr OCTOBER, 2012 DECEMBER, 2012 MARCH, 2012 The number f Custmary Land Secretariats increased. Increased public awareness f CLS as an institutin t btain infrmatin n land resurces.

6 vast majrity f Ghanaians. agencies schedules f fees fr all services rendered and encurage clients t reprt cases f rent seeking behaviur by staff f the land sectr agencies. Increased autmatin f services and reduced staff-client interactin t the barest minimum. Fr CLS see areas abve THROUGHOUT DURATION OF LAP2 LARGE SCALE LAND ACQUISITION There is need fr cmprehensive and clear guidelines and standards fr investrs t fllw in large scale land acquisitins and ften land deals with transnatinals are cnducted with chiefs as representatives f their cmmunities but wh nly seek persnal gains in the prcess f deals negtiatin. This ften leads t displacement f families frm their lands and thereby surces f livelihds. Attractive crprate scial respnsibility packages f investr grups are prmised cmmunities, but these are ften nt delivered. Envirnmental, scial and ecnmic impact assessments f large scale land acquisitins fr investments are ften nt carried ut and even where they are, mnitring and evaluatin prcedures and practices are incnsistent and ineffective in The Lands Cmmissin in cnsultatin with traditinal authrities shuld as a matter f urgency draft rules and regulatins fr large scale land acquisitins fr agricultural and ther investments. The Civil Sciety Calitin n Land (CICOL), the District Assemblies and Custmary Land Secretariats shuld undertake peridic public educatin and sensitizatin f cmmunities n their land rights and hw these can be prtected. The Ghana Investment Prmtin Centre (GIPC) and the Envirnmental Prtectin Agency (EPA) need cllabrate mre n impsing standards and cnditins fr cmpliance by investrs that will take int Guidelines n LSLA prcess are develped fr landwners by Lands cmmissin and will be made public Mid February 2012 Lands Cmmissin prpses t put mre emphasis n precntract phase (cnsultatin with land users, cntract negtiatin) Lands cmmissin t engage with GIPC and EPA t imprve n cmpliance f investrs t scial, ecnmic and envirnmental standards in legislatins, guidelines r negtiated upn FEBRUARY, 2012 THROUGHOUT DURATION OF LAP 2 Guidelines and standards fr large scale land acquisitins develped and implemented. Increased CSO and NGO activities in expsing imprper land deals that tend t benefit nly a minrity few. Scial, ecnmic and envirnmental impact assessment f large scale land acquisitins fr investments carried ut and effectively enfrced by the Envirnmental Prtectin Agency in cllabratin with the Ghana Investment Prmtin Centre.

7 applicatin. accunt the scietal needs f the cmmunities where investments are situated and these must be mnitred and implemented. The cnstitutinal prvisin that gvernment shuld nt interfere with the chieftaincy institutin must be reviewed t enable sme level f interference especially where the land rights f cmmunities are usurped by a chief fr persnal gains. The Lands Cmmissin shuld publicize the land transactins f transnatinal and ther investrs invlving large scale land acquisitins fr the public t evaluate hw transparent and accuntable and equitable these transactins are t bth present and future generatins. N agreement reached. N agreement reached.