Innovative approaches to Land Governance Programme management; a Contractors View Clive English & Owen Edwards 1
Structure of the Presentation The Programmes and Issues in Land Governance Principal Elements of Land Programmes Large Scale Integrated Land Programmes (case studies) Lessons Learned for design of governance programmes Principles in Programme Design 2
The Conference 2012 Many aspects of land governance presented often in great detail some descriptive, some analytical and many focussed on specific aspects but.what about the big picture.? How to translate this to implementation? Raw issues of programme design and management to achieve the objectives 3
Common Issues in Land Governance Programmes ToRs are usually ad hoc rather than adopting holistic approaches - require only part of the system to be fixed Large range of different types of programmes different components, geographic emphases, technical social New v Old Laws what, when, how..primary, secondary and tertiary legislation..implementation how? Usually little baseline information on which to base design and planning Design and Implementation challenges - programming 4
Principal Elements of Governance Programmes broadly sequential Baseline information, Feasibility work and testing, Public information and outreach programmes, Policy and legal framework, Land Administration, Institutional challenges, Technical Challenges, Timing and Geographic location of reforms, Monitoring and Evaluation, Cost and Revenue Considerations. All of these should be strategic planning considerations and all should be parts of the implementation 5
Each Element - a Project in its own Right? Results and impacts of element on the big picture with regard to: Sequence - priorities Content of each element Linkage of elements Targets - critical paths and milestones Outputs and deliverables Who is responsible for what and when contractor, subcontractor government, donor? 6
Timing Elapsed time for the programme the LONG HAUL short, medium long term eg MCC look at 5 year programmes, DFID no fixed policy (however long it takes if the money is there), WB it depends 7
Tank Traps Technical and Administrative - commonly occurring Lack of government buy-in not fully understanding the issues and solutions reluctance to be transparent and go public Natural resistance to change Survey precision and vested interests Contract clarity/flexibility/amendments/ mission creep Productive contractual partnership that really delivers Procurement, procurement, procurement donors and governments equally culpable Cash flows and finance management Transport management 8
Case Studies all elements come into play 1. Guyana Land Administration Support Programme (GLASP); DFID/IADB 9 + years 2. Support to Land Tenure Reform Programme, (NLTRP) Rwanda; DFID year 7 (+ 2 TA) 3. Technical Assistance to the Land Component Mozambique (MCC/MCA) Year 4 9
TA to the Land Component Mozambique Scope of Work Are we ready for this..how far and how fast Needs Assessment 2009-2010 Legal and regulatory reviews Institutional Review and Recommendations Land Administration Review Public Outreach Planning Land Information System (LIMS) design and implementation Capacity building planning at District and Municipality Level Curriculum Development Strategy Development Land Use Planning Implementation (2011 ongoing) Tenure Regularisation and Title Issuance LIMS contracting and implementation Local Institutional Capacity Building Public Outreach 10
Guyana Land Administration Support Programme Scope of work Fix everything from the policy to the toilets Phase 1 Feasibility (1997 99) Land Institutional Design Legal Reviews and Drafting Policy Development Database Establishment and Analysis Baseline Studies Business Planning Technical Planning GIS/Survey etc. Human Resources Development Finance Costs and Revenues Phase 2 Implementation 2000-05 Institutional Strengthening Central and Regional Level Building Rehabilitation Tenure Regularisation Procedural Development Lease Preparation and Issuance Leasehold to Freehold Conversion GIS CAD Training Survey and Cadastral Mapping Land Use Planning Amerindian Lands Study Land market Study 11
Guyana Land Administration Support Programme (GLASP) 4500 2004 (e) 4000 3500 3000 2500 2003 2000 1500 1981 2002 1000 500 0 1946 1950 1988 1990 1999 1995 2001 $120,000,000 Revenue Trends 2002-04 $100,000,000 $80,000,000 $60,000,000 $40,000,000 $20,000,000 $0 Jan-Jun Jul-Dec Jan-Jun Jul-Dec Jan-Jun 2002 2003 2004 12
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A Dress Code for Land Administration? Gender Implications? 14
Lessons Learned and Implications for Governance Guyana Success Factors Elements broadly followed the logical sequence except for Fundamental programme assumptions were tested/researched and kept under review Flexibility of response as facts emerged - institutional fix programme was gradually broadened Long term and consistent national and international staffing of the programme Long term trust/commitment between government, donor and contractor Public buy-in and restoration of trust allowed service to function 15
Land Tenure Reform in Rwanda Scope of Work the strategy will not be a piece of paper but a clear and replicable process based on fieldwork..it will not be technically led Phase 1 Strategic Road Map for Tenure Reform (2005 2009) the SRM Legal and regulatory review and drafting Institutional review and design Building Capacity Public Consultation and Research Public Outreach Procedural Design, Field Testing, Database Establishment and Evaluation Development of a Strategy Detailed Planning for Scaling Up Costs and revenue assessment Effective Donor Coordination Support for the Land tenure Regularisation Programme Land Tenure Reform and Capacity Building (2010 present) Refining and Rolling out systems National and local public outreach Scaling up systems and procedures Tenure Regularisation and Title Issuance Institutional support and capacity building Improving the systems Monitoring and Evaluation 16
Rwanda Strategic Planning and Implementation Demarcation and Adjudication Lease Preparation and Issuance Public Outreach Since the start of regularisation in 2009, 10 million parcels have been mapped and 2.5 million 17 leases issued
Lessons Learned and Implications for Governance - Rwanda The government and donors have been fully committed to the overall goals Starting small thinking big field trials and procedural tests lead to Strategic Road Map (SRM) which defined implementation Perfect storm of strong government commitment/consistent long term donor support/ same contractor consistency of personnel Rapid and flexible management and procurement arrangements to respond to changing needs New legislation and procedures based on results of field testing The design phase allowed for a realistic time bound target driven implementation plan 18
Lessons Learned and Implications for Governance - Rwanda Effective Donor Coordination for implementation The process has benefited from high levels of public participation through local institutions supported by a widespread public information campaign The high level of participation required greater flexibility in planning and staffing arrangements 19
Mozambique Needs assessment and Implementation Public Outreach Publication of land records Surveying and Mapping Over 50,000 land parcels registered and leases issued Queliman e 15% Mocuba 8% Prepared and delivered to Municipalities Lichinga 21% Mocimbo a da praia 9% Pemba 9% Monapo 17% Cuamba 11% Nampula 10% 20
Lessons Learned Mozambique Goals envisaged when the programme was designed not fully realised at the end of the Needs Assessment. Evidence based Strategy Development might have been more appropriate Field testing and development of workable models during Needs Assessment required for a more effective implementation programme and strategy. The programme would have benefitted from more time for reflection/debate between Needs Assessment and Implementation (too much too quickly). Elapsed time too short? 21
Lessons Learned and Implications - Mozambique The above factors resulted in elements being out of sequence - compromises completion elsewhere (for example methods for tenure regularisation preceded acceptance of mass titling and transfer and installation of LIMS). Emphasis on hi-tech solutions has forced up costs and levels of difficulty More effective participation and transparency in land administration Different capacities at provincial and municipal levels are still trying to to assimilate new methods and technology. 22
Discussion Points- Political and Donor Backing Communicating and Understanding the Issues Strong Political Commitment/backing Starting small thinking big government commitment, unity of purpose Continuity of support and staffing over the reform period in it for the long haul.. Clear time bound and fully costed strategy for change short medium and long term Flexibility of response as new un-forseen challenges emerge. 23
Discussion Points- Meeting Public Demand For Better Land Services More effective evidence based strategic planning before programmes commence Better understanding of informal and customary systems and likely consequences of reform Full, integrated and effectively sequenced programming of all of the essential elements first then sequences and critical paths Flexibility..more flexibility in programme design and contracts Greater participation for land users in the administration system much more effective Public information 24
Final Point a Holistic View... The approach taken in reforming land administration systems must meet the needs of all of the people who use land, rich and poor, urban and rural whether for commercial, agricultural, private residential, government and state functions. 25
Thank You! 26