Transcript Measures to Improve Access to Land Resources and Related Benefits in Uganda Rexford A.

Measures to Improve Access to Land Resources
and Related Benefits in Uganda
Rexford A. Ahene
Senior Technical Advisor
Land Component
Private Sector Competitiveness Project II
Uganda:
Population 28.3 million;
Surface areas 24.3 million sq. km.
Outline:
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Identify principal land access concerns in
Uganda
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Evaluate the impact of some practical interim
steps taken to minimize these concerns
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Outline long term measures currently underway
to improve access
Access from whose perspective?
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From a land governance perspective;
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Physical infrastructure for inclusive land administration
Legal framework that assures security of tenure for all legal land holders
Processes that facilitate efficient land transactions (titling, transfers, etc.)
Institutions that assure fair and equitable enforcement of contracts.
From a land market and/or private sector perspective;
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Availability of suitable land and land use information
Security of ownership and/or property rights
Time saving land use and/or development procedures
Consistent treatment of all competitors (level playing field)
Secure expectation of benefits from investment
Impediments to access:
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inadequate property information,
difficulty identifying legitimate owners,
obstacles to registering property rights
bureaucratic procedures
corrupt and unfair pricing.
Dominant Land Tenure Regimes in Uganda
Green = Customary
(50%)
Beige = Mailo
(28%)
Blue = Native
Freehold (22%)
Uganda:
History of efforts to enhance formal access to land in Uganda
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Colonial Intervention 1900 – 1940
 Buganda Agreement 1900
 Ankole Agreement 1902
 Tororo Agreement 1903
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Creation of Lands and Survey and appointment of Chief Surveyor
1901
 First Mailo title registered on 2nd Jan. 1909
 Survey School established in 1910
 Registration of Titles Ordinance passed in 1924
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By 1940, the Land Registration System was already clogged by too
many claims of paper acres.
Tenure and Access Concerns
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Customary tenure areas:
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Lineage group membership restrictions
Communal ownership with usufructuary rights
Land rights allocated specific to function or group
Trans-generational rights to land protected
Transmission designed to keep land resources within the
community, lineage and family.
Customary tenure areas …..
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Traditional framework has been weakened but remains
remarkably adaptive to changing circumstances.
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Increasing overall insecurity (59% in the 2008 Acholi and
Lango study)
Frequency of disputes due to obscure boundary
demarcations (34%)
Competition due to economic pressure (land scarcity
15%)
Moving rapidly towards privatized ownership (62% Teso
region)
Increases inequality for women, children and other
vulnerable groups
Tenure and Access Concerns
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Mailo tenure areas:
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Feudal tenure system superimposed over the existing
customary tenure system by the British colonial
administration from 1900 - 1903.
Original customary land owners became statutory
occupants or Kibanja holders (tenants recognized as
bonafide occupants) by the 1998 Land Act.
Landlords (Bibanja holders) cannot utilize land without
evicting tenants.
Eviction of tenants require payment of compensation to all
lawful or bonafide occupants.
A kibanja holder has the option of purchasing land to
become a landlord
Mailo tenure areas …..
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Impact on land access:
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With the protection provided by the law, kibanja holders
have no incentive to become landlords.
The tenure system effectively blocks large tracts of prime
land from entering the market
Land owners cannot effectively utilize their land without
evictions
System impedes orderly planning and development.
Land Act Amendments – designed to protect tenants from
forced evictions
To support the de-facto evolution of transferable “private” rights
in land.
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Involves the creation of a legal and institutional
framework for:
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Expansion of clearly defined private/community property
rights
Ability to freely assign rights of ownership
Right to transfer some or all rights through private
contracts to other persons (by sale, lease, inheritance,
etc.)
Focus attention of owners on finding the most profitable
investment opportunities for their properties
Incentive to achieve higher economic and social returns
from better land stewardship.
Long legacy of neglect;
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Near total neglect due to civil
unrest from and political
uncertainty 1980 – 1990.
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Lack of Adequate Personnel
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Lack of Adequate Financial
Resources
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Limited storage space and
mutilation of records.
Shortcomings of the Kampala Mailo Registry before
rehabilitation:
Mutilated Title Certificates
Remnants of a cadastral index map
Some preliminary interventions
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Studies Carried Out between 1990 and 2004:
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Report on the Land Registration Procedure and the Land Registry 1990
Rehabilitation and Development of Land Survey and Registration 1990
Base for a Land Information System in Uganda – Swede Survey (1996)
Design and Development of GIS including Uganda Spatial Data
Infrastructure 2001
Review of the Status of LIS – 2003
Detailed Plan for LIS Design, Development and Implementation in Uganda
2004
Digital Mapping Initiatives
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Kampala Mapping Project (Digital mapping with cadastral capability) 1994
CAMPUS Project : Mapping from satellite images, 1995 – 1997
Records Reorganization – (USAID/ GoU / KCC), 2002 – 2003
Shortcomings of the Land Registration systems
1909 - present
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Only 18% of land owners have registered title or certificate.
Most land holders in Uganda have no documentary evidence
of their property rights.
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Registry business processes fails to provide the economy of
information needed to make informed decisions.
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Existing records storage and management system is archaic, manually
managed and in very bad shape.
Search and verification of claims is slow and prone to errors
Service delivery is slow, corrupt and unreliable.
Impact:
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The entire process make land risky as collateral security for loans and a
barrier to investments.
Shortcomings of the land market
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Land management and real estate professions are not well
established.
Absence of reliable land information makes land transactions
difficult, risky and prone to principal-agent problems
Financial intermediaries (Banks and mortgage finance
institutions) are forced to assume higher than competitive risk
Land market information gap creates distortions that makes it
impossible to efficiently assess market risk.
Contributes to an unregulated market environment
susceptible to graft and criminal activities.
Difficulty using land as collateral
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High volume of undocumented land holders limit access to
credit and is a hindrance to enterprise growth.
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Financial institutions face high lending risk and high loan
administration cost due to poor quality collateral.
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20% average borrowing cost for small and medium firms
2-4.7% for land mostly foreign firms
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Collateral insecurity contributes to a culture that does not
penalize non payment of loans
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The absence of a reliable cadastre makes it difficult to
establish clear property rights or to exploit the full collateral
value of land
Framework for land sector reforms:
Measures to Improve Access
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The Land Sector Strategic Plan (LSSP) 2001-2011
 To implement the provisions of the Land Act 2008
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A New National Land Policy;
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Resolve the land use impasse between registered Mailo tenure owners and
lawful bona fide occupants;
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Improve access for private investments in progressive agriculture
and urban development.
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Modernize and decentralize the Land Registration system
Develop and Land Information System to support the land market
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Two focal LSSP activities with direct impact on land access
 A new National land Policy (2003)
 Private Sector Competitiveness Project II ( effective 2005)
1. Land Policy measures to improve access to land
Goal:
To develop a modern Land Registration system, supported by an
integrated, spatially referenced land information system to serve the
needs of a fast growing economy.
Guiding principles
 To re-examine, secure and clarify the land tenure system
 To instill confidence in land as an asset able to contribute
competitively to development.
 Encourage access and investments as a tool for reducing poverty
 Ensure equity and justice in access and management of land as an
important human right
 Develop and sustain mechanisms for efficient, transparent and
participatory land governance.
2. Land Component of the Private Sector Competitiveness
Project (5 year project currently at mid-term)
Core objectives:
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To comprehensively restore the integrity of Uganda’s Land Registration system
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To modernize and enhance the ability of the land sector to deliver services commensurate
with the need of the economy
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To establish a modern Land Information System and Land Records Archiving system
for posterity
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To develop the institutional capacity and human capital required to ensure inclusive
access, equity and social justice.
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To decentralize land services closer to the people
Goal:
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To eliminate land-based constraints to Uganda’s private sector competitiveness,
thereby encourage investment and alleviate poverty.
Principal sub-components of the Land Project?
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Rehabilitation and modernization of a 21 Land Registry offices
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Construction and Establishment of:
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Land Information System and an LIS Center
Storage and Archival Center for Land Records
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Rehabilitation and Reopening of the School of Surveying and
Land management.
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Up-dating of Un-surveyed Mailo inheritance subdivision titles,
including legal aid for adjudication and possible use of systematic
demarcation in customary tenure areas.
Other PSCP II Land Services Delivery Improvement
Activities:
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Re-establishment of the National Geodetic Control framework and
Harmonization of overlapping surveys, including and Georeferencing.
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Systematic Adjudication, Demarcation, Surveying and Registration
of Customary Land Rights
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Piloting methodology completed in 2 Districts (av. 16,000 titles issued)
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Comprehensive Inventory of all Government Land
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Training and Human Resource Development for the Land Sector
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Public Education, Mass Sensitization and communication program
for policies, laws and activities of the project
Land Registry Modernization: Interim Records
Rehabilitation and Basic Computerization
Multi-phased activity:
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Interim Records Rehabilitation and Preliminary Design of the Land
Information System
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Strategy for Securing Land Records since November 2006
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Interim Training of Land Registrars and Records Officers started in
Kampala as part of Mailo and Leasehold Registry decongestion exercises
in 2007
 Standardization in the collection and processing of land information;
 Speed up the processes of first registration of title;
 Decrease the cost and space required for storing land records;
 Prevent unnecessary duplication; enhance security of records;
 Simplify the preparation of "disaster" copies of registers;
 Facilitate accesses to land-related data and improve their distribution;
SORTING AND REORGANIZATION
Interim records rehabilitation and basic
computerization
Impact of rehabilitation on service delivery
(2007-2008 monthly average)
Item
Type of Transaction
1. New title Certificates
2. Land Transfers
With
Rehabilitation
Average Time
required to
complete
Av. Time
required
before Rehab.
1,237
1 day
3 weeks
1,368.5
1 day
3 months
3. Mortgage of Land
356
1-3 days
2-3 months
4. Mutations / Subdivisions
467
2-3 days
1 year
1 day /1 day
2-3 days
1 week
Sometimes
1 month
5. Caveats ( Withdrawn)
6. Probate / Administration
7. All Other transactions
75 ( 28)
84
47.5
1-3 days
Land transactions recorded 1999 – 2008.
Kampala Leasehold and Mailo Registry average 4,500 transactions /month
since 2006.
Number of Transactions
50,000
45,000
40,000
35,000
30,000
25,000
20,000
15,000
10,000
5,000
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Lease
Mailo
Design and Development Uganda Land Information System
 Multi-phased activity focusing on Information for land administration;
i.e. information on land rights, land use and land valuation.
 Phase I: Preliminary Design of the Land Information System
 Strategy for Securing of Land Records completed October,
2007
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Phase II: Detailed Design, Installation and Pilot Implementation to
start June, 2010 - 2012
 program will train and pilot LIS in 6 Districts with the highest
volume of land transactions over two years.
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Phase III: LIS Roll-out and Cadastral Information Decentralization
to include 8-16 more districts over 3 - 7 years (to 2018).
Land Information System – Cadastral Layer
Preliminary Design of a Land Information System
Land Information System Project Structure
Converting Registration
Documents and Cadastral
Maps, Data Integration
1
Allocated Localities
Upgrade
Working
Environment
4
Appointed People
Project
Start
Populate
Local
Database &
Archives
Estabishment
of LIS in
selected
District Land
Offices
7
Operational
System
(Registration
and Cadastre)
6
Detailed
System
Design
2
Initial Human
Resource
Training &
Development
Training of DLO
personnel
5
Establishment of National
Land Information Centre
3
8
Tasks to be Repeated
for Each District
Improved Internet and
Communication
Infrastructure available
Upgrade
System
9
Local access to reliable land information:
Cadastral Information Branch Centers
Expected LIS and Benefits
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Standardization in the collection and processing of land
information;
Speed up first registration of customary land holdings;
Decrease the cost and space required for storing land records;
Prevent unnecessary duplication; enhance security of records;
Simplify the preparation of "disaster" copies of registers;
Facilitate accesses to land-related data and improve their
distribution;
Pilot Systematic Demarcation
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A method of identifying, ascertaining, and recording of the
existing land rights in the given administrative area
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The method is systematic – leaves no gaps (everybody’s
land is demarcated)
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Development of cost effective methodology, sensitization and
community participation techniques. Tested Oct, 2006- June
2007.
Full scale pilots by Private sector firms to start in July 2009.
Expected Output: Mass adjudication with legal aid for conflict
resolution, Demarcation, titling and registration of customary
land rights.
Revision & Harmonization of Land Laws
Contract to a local consulting Law Firm started July 3, 2007 for
10 months.
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Full scale review of all land related laws - currently on-going
Process timed to benefit from the Land Policy reforms
Purpose:
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Revise and harmonize existing laws (including the Survey Act) with
the new Land Act and other Legislative Framework
2.
Draft new laws and regulations for LIS, Estate Agents, Government
Land and Archiving of Land Records
3.
Conduct public/stakeholder dialogue/consultation and workshops
(target groups and national).
Reopening the School of Surveying
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Rehabilitation of 2 dormitories by Min. of Education completed in June
2006
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Construction of new 3 Classroom Block is due to be completed in April,
2009
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New modern survey and land management curriculum development,
accreditation and business plan completed November, 2007
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PSCP-II funding for capacity building, rehabilitation and retooling of the
school is designed to support a modern problem-based Curriculum and
Strategic Business Plan
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148 students (52 Surveying, 20 Cartography, 40 Land Administration,
26 Physical Planning) admitted since October 2006.
Established 1910; Abandoned in 1995
Survey School refurbished and reopened in 2006
Public information messages
Public education posters
Expected long term benefits:
1. Ministry of Lands, Housing and Urban Dev.
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A reduction in the time required to register, collect and compile
land information, and to search the land registry for property
transactions.
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An improvement in the quality and consistency of land
information available to support public and private investment
decisions and planning functions.
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A reliable access to property information, efficient storage and
maintenance of land information at a lower cost for the land
sector.
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A faster and fully decentralized delivery of primary and
secondary land services to the public.
Expected impact and land access:
2. Private investors and developers
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An enabling law regulating real estate agents which will
formalize and institutionalize the role of such agencies in
accessing and managing land and real property information in
support of Uganda’s development;
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An increase confidence in the real estate agents and
mortgage finance organizations, private developers, brokers,
etc.;
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Clearly enhanced role for brokers, agents and property
insurance companies and surveying and land management
professionals as service providers in the land market.
Expected impacts:
3. Banking and Financial Sector
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Improved access and ability to utilize the LIS to verify property
information for handling mortgages, loans, credits, etc.;
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Better collateral security and efficiency in completing real
estate transactions;
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Improved working relationship with the Land Registry, Banks
and other financial intermediaries operating in the land
market.
Expected impacts:
4. Municipal and District Councils
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Physical planning process and land use zoning requirements
can be easily verified and enforced.
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Spatial data for managing local land developments integrated
with socio economic data to inform local planning and
development schemes.
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The creation of a fiscal cadastre containing valuation and
property tax information, and other fees and taxes to enable
equitable and efficient administration of taxes without
duplication of data capture.
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The process from planning to property formation will be
accelerated.
Overall Benefits of Improving Uganda’s Land
Access:
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To Be More Responsive to the needs of citizens and
business clients
Increase data access and transparency, and to eliminate
fraudulent practices
Introduce new land administration technologies
Easy electronic exchange of data and Information
Efficiency benefits include:
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Maximizing use of land asset as collateral for development,
Lower transaction costs by avoiding duplication, fraud and illegal
dealings,
Lower investment risk and better public/private sector decision
making
Better custodianship of records
Equitable and inclusive access to land information for all
Remaining Challenges:
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Existing data is incomplete and not easily accessible, Not upto-date and lack documentation on their accuracy and
reliability
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Fear of what lies in the future: Low leadership and staff
support for land administration reforms,
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Fear of conversion to full computerization etc. - at cross-roads.
Staff capacity limitations and inadequate technical skills
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Resistance to changes that support transparent service delivery.
Thank you.