Ministry of Lands and Regional Government United Nations Development Program UNDP April 2017 TERMS OF REFERENCE FOR CONSULTANCY SERVICES TO PREPARE PROJECT DOCUMENT FOR CADASTRAL MAPPING IN THE GAMBIA
TERMS OF REFERENCE (TOR) FOR Empowered lives. Resilient nations. CONSULTANCY SERVICES (NATIONAL) TO PREPARE PROJECT DOCUMENT FOR CADASTRAL PARCEL FABRIC FOR SUSTAINABLE LAND MANAGEMENT IN THE GAMBIA. Abstract A property cadastral enriched by the parcel fabric is a vital information base for sustainable land management in any country. However, considering the nature of the information included in a property cadaster, integration between different stakeholders and data sharing is necessary for its successful implementation. One of the main problems faced by many countries in establishing a property cadaster is the involvement of a significant period to survey and map the parcel boundaries to uniquely identify a land parcel to define its ownership, rights, and other relevant Cadastral information. If a cadaster is not implemented within a short period, it is not only the government but also the people who are deprived of getting their equal benefits in land related transactions at the same time. This terms of reference (TOR) introduces an efficient and effective approach to select eligible consultant to complete the Project document for Cadastral parcel fabric in the Gambia within a minimum period by suggesting reforms to the existing title registration procedures and policies, using the state of the art modern geospatial technologies and suggests its maintenance using a webbased online solution. Introduction Cadaster is an official inventory of lands, containing parcel based information on the use of land, rights to the land, mode of holding the land (land tenure), area, encumbrances and restrictions, land value, the name of land owner and location. Efficient management of this information is very crucial so as to be able to retrieve and analyze information required in various land management and administration applications. For example, if a new road is to be laid across two cities, a detailed analysis is required to carry out a cost benefit calculation to see if the course of the proposed road is to be changed, considering the parameters of affected lands such as land value, land use, ownership type (state or private) and restrictions. If all these parameters can be analyzed with a visual representation of lands, the decision making is much straight forward and very much useful. 1
As a consequence, the establishment of a cadaster parcel fabric is vital for land management activities. One of the major aspects in cadaster is the land ownership. There are mainly three methods private conveyancing, registration of deeds and registration of title involved in transferring legal rights of a piece of land. In private conveyancing, a record of the transaction is handled by a private agreement. In Deed registration, records are maintained by officials or by the state while records of title registration are maintained by a state organization. Deed registration only provides evidence of how a particular land transaction takes place by registering the document, and it does not give any assurance to land ownership. However, the basic unit of registration is the land parcel and not the document in title registration, which guarantees higher security to the land ownership. Section 1 Background, Objective of the consultancy, Scope of work and Task of the Consultant, Knowledge transfer, language and ing schedule. 1.0 Gambia background in brief: The Gambia has 11300 km 2 Land area and a population of approximately 1.8 million as per the last census conducted. The country is one of the smallest and most densely populated states in Africa. It is divided by the river Gambia and is surrounded on all sides by Senegal except on western side which is bounded by the Atlantic Ocean. The climate is Sudano Sahelian and is characterized by a short rainy season that lasts at most for four months from June to October and a dry season for the rest of the year. Average rainfall has been declining from 1100 mm in the 1960 s to 900mm today. Mean temperature is 25 Degree Celsius with and it generally ranges from 25 to 40 degrees. The Ministry of Lands and Regional Government is the key responsible line ministry for land resource administration and management. The ministry is also responsible for promoting participatory local development and supervising and monitoring the local governments/councils. Lands and Surveys department is one of the key departments under the ministry. 1.1 Background on land registration in The Gambia The land tenure system in The Gambia is shaped by its colonial history. Three tenure types exist: freehold, leasehold, and customary. Freehold and leasehold tenure are statute based and were introduced by the British, while customary tenure evolved from the traditions and practices of indigenous communities. Legally, in the Gambia all land is public land. This include all state land (Banjul and KMA) and designated state land (Kombo North, Kombo South and Kombo Central) that is not yet recorded or registered to third parties; forest, wildlife parks, and reserves; land held by public institutions (including SSHFC GT Board, i.e. TDA, GPA, AMRC, etc.); and all customary lands not yet registered or recorded to communities, as these are vested in the District Authority to be held by them for the benefit of the communities. 2
Customary land covers the majority of the land some 5,084 km2 with an estimated population of 792,317. Such lands are administered under district authorities and local chiefs in the regions, as explained in the next section. It is estimated that freehold land covers 537.7 km2 (10%) and affects some 453,640 inhabitants. Freehold areas include residential urban areas, also in the regions (designated state land), acquired public land, as well as forest parks, wildlife parks, nature reserves, and the Tourism Development Area (TDA). Comprehensive data on leaseholds is not available, and the area cannot be estimated because leaseholds do not form a consistent block of land. Forms of leasehold include subleases and tenancies, licenses, land mortgages, and deemed leaseholds, or 99 year leases of state land6.2 1.2 Drawbacks in the present title registration system Present data collection for creating the parcel fabric in the title registration system is based on traditional ground surveying methods which would consume lot of time considering the estimates as calculated from the statistics available at the Department of Lands and surveys. Total estimated land parcels of the country in 11300 km2.when considering the current situation, it is clear that it will take more than 25 years from now to complete just surveying land parcels for title registration in the entire country using these methods of surveying. This delay is a major setback to the proper land management in the country for its sustainable development. On the other hand, equal benefits of the title registration will not be available to general public at the same time due to the long delay in issuing certificates to land owners. Another issue is carrying out duplicate or overlapped surveys unnecessarily in development programs of the country due to insufficient parcel based land information and records (due to the non availability and incompleteness of Cadastral parcel fabric), incurring a high cost and unnecessary delays. Non inclusion of existing buildings on lands in the existing methodology of title registration surveys leads to delays in obtaining planning approvals from governing bodies (National Physical Planning Department, Municipalities, and other area councils) in new constructions/developments or in applying for loans for various purposes. Further, no formal procedure or specifications have been set out for the issue of titles to Condominium properties (apartments) in the present title registration methods. Lack of coordination of the title registration program with the land governing bodies has led to noncompliance with rules and regulations set out by such bodies in laying down reservations and roads, land alienation and constructions on lands, creating unnecessary problems for the public in getting approval for any development activity on the land. Lack of acceptance of the title certificate as a clear and legally valid document to verify the absolute ownership of the land by banks and financial institutions owing to lack of awareness to the validity of the title certificate and its subsequent benefits is another issue encountered by the general public. According to the present title registration system, accurate representation of parcel boundaries, relying on landmarks and documentation by defining boundaries using ground survey techniques and settlement of ownership to lands (adjudication) are critical processes executed by the 3
Department of Lands and Surveys. The adjudication involves the cooperation of landowners and a strong government interest to clarify land ownership boundaries. The surveying involves measuring and collecting boundary details to a higher accuracy, a time consuming process even if modern surveying techniques such as GNSS technology are to be used for parcel boundary surveys, and benefits of cadaster will not be effective for both the country and its citizens. 2.0. Beneficiary Country Republic of The Gambia 2.1. Contracting Authority Ministry of Lands and Regional Government United Nation Development Programme 2.2. Objective of the consultancy The objective is to Select a National/International Consultant to Prepare a project document for establish a cadastral parcel fabric for sustainable Land Management in the Republic of the Gambia for the implementation of the cadastral mapping as an operational document to establish the cadastral mapping that should be focused on defining the following: Institutional, legislative and financial framework Basic data Technical standards The study of implementation of the cadastral mapping shall be presented to the Government and shall serve as the basis for making decision to establish the Gambia institutional framework for the cadastral mapping. The cadastral mapping shall be implemented in accordance with the Survey and Physical planning Acts. The Cadastral map data model must be harmonized with the INSPIRE Directive, INSPIRE Implementation Rules and INSPIRE Data Specifications. (INSPIRE Infrastructure for Spatial Information Rule in Europe) to be able to fit with international standards. The cadastral mapping in The Gambia Shall enable the collection, processing, display, maintenance and control of the data on parcels of lands and buildings and parts of buildings in a unified way. Shall enable the users a simple, fast, single, cheap and safe access to the data on parcels of land and buildings and parts of buildings. Shall enable the data throughput from the source records by respecting the interoperability principle. 3. Scope of Work and Tasks 4
The consultant is expected develop a project document that will act as guide in the establishment of cadastral mapping of the Gambia through assessing needs of the users and other interested stakeholders. The consultant will be expected to assess countries neighboring the republic of the Gambia which have their cadastral mapping already done in order to adopt best practices for the Gambia. The strategic study of implementation of the cadastral mapping in the neighboring countries should provide initial guidance on the tasks that are set for the purpose of securing financial resources, human resources, the architecture of the system, based on the needs of stakeholders in the process of creating the basic and additional content, the necessary legal guidelines, the benefits that this system brings, and define the implementation phases. The keeping of the cadastral maps must be prescribed by law. The purpose of the law is to give the cadastral maps a clear legal basis for the collection and maintenance of data sets. The law should guarantee that the information is always as accurate and reliable as it is described. The law must define the body that maintains the cadastral mapping, content of the cadastral map must be precisely regulated, data of the cadastral map must be relevant to land administration and land management, data of the cadastral map must be in daily use of the citizens and the economy, and there must be a clear responsibility of the State for the cadastral maps as well as governmental control over the body which maintains the cadastral maps. The cadastral maps should include all the land in the state, and must include the total area of the state. The registration of land in the cadastral map and the maintenance of the data of the cadastral map must be prescribed, the ways of harmonization of data of the cadastral map with their de facto situation must be defined, and there must be legally defined guarantees for those who act in accordance with the data of the cadastral map. The regulations on the cadastral map must include requirements for use of data of the cadastral map (publicity, re use), and include data protection of the cadastral map that are considered as personal information (personal data protection). A key step in linking cadastre and land registry is done through Geographic Information System (GIS).The connection with other registry is necessary for the overall functioning of the state. The proposed project of cadastral mapping will provide essential support of the functioning of the GIS with the purpose of ensuring that registers perform their duties efficiently to the state, regional, local government, business and citizens. As part of its activities, the Consultant shall perform the following tasks: Task A: Legislative, organizational and financial framework as a precondition for the implementation of the cadastral mapping in The Gambia. Screen the current situation and the availability of records of land and parts of buildings in Gambia, and to analyze the legacy opportunities in Gambia (organizational and legislative). Analyze the situation and experiences with regard to the establishment and maintenance of a cadastral mapping in another African or global country, as selected by the Consultant. 5
Compare the systems mentioned above in terms of adopting solutions involving the best practical solutions from functional examples in the area. Produce draft document Assessment of the existing legislative and organizational framework for the purpose of the establishment of cadastral mapping (hereinafter: Assessment of situation ). Make recommendations for the production of cadastral maps based on the results of the comparisons between the stated systems and an overview of the situation in the Gambia Identify potential customers and interested parties, as well as managers and owners of individual database on lands, buildings and parts of buildings. Identify the specific needs of stakeholders in the Gambia. Analyze the existing relevant legal regulations, and analyze the EU legislative framework to provide specific recommendations for the adjustment of the legal framework. Create draft financial framework for the purpose of the establishment of cadastral mapping (hereinafter: Financial framework ) Update and construct State Geodetic Administration Data Centre where the GIS already established in the department of lands and surveys. Task B: Propose Data Model for the Cadastral mapping in The Gambia Analyze documents: draft document Assessment of Situation and draft document Legislative framework, and propose a data model for the Gambia cadastral maps based on an assessment of available data types and needs of the end users, but also the future potential users, harmonized with the INSPIRE Directive, INSPIRE Implementation Rules and INSPIRE Data Specifications, and propose the initial establishment of the cadastral maps based on the existing data of the Land Cadastre, Land Book and Address Register. After the initial establishment of the cadastral maps, offer a proposal for the methodology to collect record, process and control the data quality, as well as for updating the cadastral maps. Define the criteria by which there will be some information considered relevant to be included in the cadastral maps at the national level. Define technical standards for the establishment of cadastral maps. Produce draft document with regard to the data model for the purpose of establishment of cadastral maps. Task C: A pilot project for collecting and processing the data of the Cadastral mapping On the selected location, implement and test the pilot project of collecting and processing cadastral maps data based on the previously proposed data model on land and minimum 2 mixed use buildings with condominium units for residential, non residential and business purposes. Test phases of the workflow, methodology for collecting data on parcels of lands, buildings and parts of buildings, processing and quality control of data. 6
Based on the results of the pilot project is to assess the volume of data and the scope of work to be carried out for the entire territory of the Republic of The Gambia. Make an assessment of the financial funds and human resources required for the implementation of the cadastral maps (on the level of organisation, implementation and data level), with a calculation of costs for the establishment and maintenance of the cadastre of buildings unit in relation to the benefits expected. Provide timelines for each phase of work. Draft a proposal for IT connection of the cadastral maps with the Department of Lands and Surveys, Department of Physical Planning, land registry, Gambia Bureau of Statistics, Ministry of Finance, Business Registers, and the relevant registers of the Ministry of Lands and Local Government. All documents shall be presented to the staff nominated by the Ministry of Lands and local government and staff included in the project. The final document Implementation of Cadastral maps in the Gambia needs to be produced. The commissioned document must take into account and be consistent with the government's strategy for information and communication technology and the overall business and IT strategy. During the process, the Consultant shall closely cooperate with the relevant representatives of the Client who must provide the overall guidelines and inputs. 4. Knowledge transfer workshop The Consultant shall conduct a workshop organized by the Ministry of Lands and Regional Government for the representatives of the most important governmental bodies, holders of the data on parcels and buildings and parts of the buildings, users of the data on parcels and buildings and all other interested stakeholders in the Gambia whereby the Consultant shall present draft s and enable the discussion. The conclusions of the discussion shall be included in the final. 5.0. Language The official languages in the tasks shall be Gambia in English, and it is recommended to produce all final s in English. All materials and s compiled by the Consultant under this contract shall be at the disposal of the Client in analogue and digital format (open format) and shall be owned by the Client. 7
5.1. Reporting The Consultant shall develop and submit the following s as part of the final product in respective stages of the task: Inception shall; 0.1 Contain a detailed work plan including methodology and schedule of works 0.2 Adoption of the inception by the Client is a precondition for any further Consultant s activity Task A: A1 Draft the Status Assessment document A2 Draft the Legislative framework document A3 Draft the Financial framework document A4 Presenting draft documents in PowerPoint. Task B: B1. Draft document Data model, which will contain a proposal for initial establishment of cadastre of buildings B2. Proposed methodology for collecting, registering, processing and controlling data quality B3. Define technical standards for the establishment of cadastre of buildings B4. Presenting documents in PowerPoint to Ministry staff involved in the project B5. Producing a final document Implementation of cadastre of buildings in the Gambia Task C: C1. Pilot project implemented and tested Deadline 0.1) 2 weeks from the start of contract 0.2) 1 week from the submission of A1) 4 weeks from the acceptance of inception A2) 6 weeks from the acceptance of inception A3) 6 weeks from the acceptance of inception A4) 8 weeks from the acceptance of inception B1) 12 weeks from the acceptance of inception B2) 12 weeks from the acceptance of inception B3) 12 weeks from the acceptance of inception B4) 14 weeks from the acceptance of inception B5) 16 weeks from the acceptance of inception C1) 22 weeks from the acceptance of inception 8
D1. Proposal to conduct a workshop D1) 24 weeks from the acceptance of inception, and minimum 15 days before project completion D2. Producing a final and submitting all the Consultant s documents Section 2 D2) 24 weeks from the acceptance of inception, and minimum 15 days before project completion Qualifications, Payment Schedule and Evaluation criteria of the consultant: 7.0 Qualification, Education and Experience of the consultant Education: A PhD in Geo Information with specialization on surveying and cadastral mapping at least 10 years of practical experience or MSc in Geo Information with specialization on Surveying and cadastral mapping at least 15 years of practical experience in the field of GIS based lands and property surveying and mapping. Experience: At least 10 years of relevant working experience in GIS based lands and property surveying and mapping. Proven at least two or more projects related to cadastral mapping completed during the last 5 years. Experience working with government agencies, international donors, EU, UNDP etc. 7.1 Payment schedule for the consultant 15% upon signing of contract 45% upon submission of the draft project proposal 35% upon submission of final acceptable project document 7.2 Evaluation criteria Technical capacity and related qualifications 1 PhD in Geo Information with specialization on surveying and cadastral mapping at least 10 years of practical experience or MSc in Geo Information with specialization on Surveying and cadastral mapping at least 15 years of practical experience in the field of GIS based lands and property surveying and mapping. 2 At least 10 years of relevant working experience in GIS based lands and property surveying and mapping. 3 Proven at least two or more projects related to cadastral mapping completed during the last 5 years. Allocated points 35% 25% 20% 9
4 Experience working with government agencies, international donors, EU,UNDP etc. 20% Conclusion Consultant shall introduces a practical approach to creating the Cadastral parcel fabric in The Gambia efficiently, using appropriate photogrammetric technology proposing a methodology to re engineer the workflow of existing title registration system. Also, new strategic policies need to be formulated to complete the basic requirement in the cadaster to issue a title to a well defined land parcel with less accurate boundary representation. At the same time, a new amendment to the present Title Registration law is proposed to register hereafter land parcels under an improved deed registration system, referring each land parcel undergoing a transaction, to a deed in all areas. Since such land parcels have to be surveyed accurately connecting to the national framework, they can be easily converted to the higher level Cadastral parcel fabric layer for the issue of titles upon adjudication. Another important policy proposed is to amend the State Land Act, allowing the regulations of titles to state lands without land marking boundaries using the base Cadastral parcel fabric. Further, provisions are made to convert the base Cadastral boundary representation to an accurate boundary representation, guaranteeing the extent and boundaries in the Cadastral parcel fabric. The proposed Cadastral database, comprising of two parcel fabric layers linked to each other in a multiple representation of parcel layers, is a centralized web based solution with required privileges, allowing primary stakeholders for maintaining the system and other stakeholders to interact with the system for obtaining various services for their activities. However, in areas where title registration is already done, the creation of a base parcel fabric is not necessary, and hence in such areas no multiple representations of the two fabric layers should exist. Deadline for submission The deadline for submission of expression of interest with quoted consultancy fee to the UNDP office will be 16 th June 2017, and the submission should be done at the UNDP office to the following addresses: 5 Kofi Annan Street, P.O. Box 553, Cape point, Bakau. Republic of the Gambia. Or Email:Registry.gm@undp.org 10
Prepared by: Buba Sanyang Permanent Secretary Ministry of Lands and Regional Government Michael Kiragu Kogi Geodetic Surveyor and GIS Specialist UNDP Samantha Kumara Madawan Arachchi Lands and Property Valuation specialist UNDP Department of Lands and Surveys 11