Transcript RECONSTRUCTION OF ACEH LAND ADMINISTRATION: THE MULTI-DONOR RESPONSE AND PROGRESS SO FAR Keith Clifford Bell World Bank, Sustainable Development Department East Asia Pacific Region Workshop: Aceh.

RECONSTRUCTION OF ACEH LAND
ADMINISTRATION: THE MULTI-DONOR
RESPONSE AND PROGRESS SO FAR
Keith Clifford Bell
World Bank, Sustainable Development Department
East Asia Pacific Region
Workshop: Aceh Indonesia POST-TSUNAMI and Post-Conflict:
Building a Better land administration system
On July 14, 2005, UN Special Envoy for Tsunami, Mr. Clinton
presented his first report on Aceh to the UN Economic and Social
Council, (ECOSOC) in New York City, and advised:
“Those of you familiar with the work of Mr. (Hernando) de Soto
around the world and similar projects know that the world’s poor
people have roughly 5 trillion dollars in assets that are totally
unusable for economic growth because they don’t have title to them
so they can’t get credit using what they own as collateral. This is
going to be done through the World Bank grant in Aceh. It is very
forward thinking on both the part of the World Bank and Indonesia
but I hope that the other countries affected will do that and in its
pursuit of the Millennium Development Goals, I hope that you, Mr.
President and ECOSOC, can have an influence in urging this sort of
project to be done in other countries outside the tsunami affected
areas.”
Outline
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RALAS Overview
Design Considerations
Key Milestones
Progress to date
Challenges and lessons learned
Concluding remarks
RALAS - Overview
Development Objectives:
(i) to recover and protect ownership land rights of the
people in the affected and surrounding areas; and
(ii) to rebuild land administration system.
Components
• Component A: Reconstruction of Property Rights and
Issuance of Land Titles (US$22.10 million).
• Component B: Reconstruction of BPN Institutions in
Aceh (US$2.20 million .
• Component C: Project Management (US$1.50 million).
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What is RALAS designed to deliver?
A. Reconstruction of property rights and issuance
of land title certificates.
B. Reconstruction/development of BPN (land)
institutions in Aceh and rebuilding land
administration system in the province.
What does RALAS not do?
• Re-location and re-settlement
• Spatial planning
• Land consolidation
Specific Design Considerations
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Decentralized project management
High level of civil society engagement and oversight
High level of community engagement through CDA
Protection of the rights of widows, orphans and
disadvantaged
• Recognition that titling would generally follow housing
and community reconstruction
• Use of non-organic provincial staff
• Limited local private sector. Security concerns precluded
use of private sector from other provinces
Outline damage Assessment
Nature of damage
Significant loss of BPN staff
Destroyed and damaged land offices
Damage to Government land books
(the official register of land)
Destruction of official land documents, including cadastral maps
Serious shortage of office facilities
Damage and disappearance of property rights evidence:
Number of parcels affected:
Quantification of Damage
In Aceh Province, more than forty BPN staff lost their lives. Most
of the deceased were from the Kota Banda Aceh Land Office (which
lost 30% of its staff).
Six BPN Land Offices, including the District Land Office in Banda
Aceh were completely demolished or severely damaged.
BPN estimates that about 10% of land books were lost. However, a
significant amount of the remaining 90% of land books were found
in a critical condition (e.g., flooded with sea water and mud)
requiring urgent (within a short period of time) conservation and
restoration work. In addition to the land books, there was also a
serious loss of other land documents.
BPN assessed that about 80% of land documents were lost, including
almost all cadastral maps
There was a severe damage and destruction of office facilities, and
currently, there is a shortage of computers, photocopiers, scanners,
digital cameras, printers, and stationery to support urgent record
recovery
The tsunami destroyed much of the physical evidence of property
boundaries. Moreover, the disaster also washed away the witness
evidence held in the minds of many of the land occupants, who were
among the hundreds of thousands of human lives lost in the tsunami
Total Number of Parcels:
Approximately 300,000 land parcels have been affected by the
tsunami. These comprise 170,000 urban land parcels and 130,000
rural land parcels.
Registered Land Parcels:
As is the case in many areas of Indonesia, less than 25% of land
parcels can be expected to be titled. Therefore, of the total number
of affected land parcels, approximately 60,000 have been titled
(40,000 being urban and 20,000 being rural).
Informal Land Parcels:
Up to 250,000
Mortgaged Land:
It is also estimated that 5% of titled land parcels were mortgaged,
and these mortgages have been registered by BPN
Challenges
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Financial and Budgetary
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Legal
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Social
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Cultural/religious
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Technical
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Political
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Capacity
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Conflict/post-conflict
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Security
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Civil Society Engagement
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Coordination of civil society efforts
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Expectations
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Monitoring
Some Key Milestones (1)
2004
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Dec 26 tsunami
2005
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Jan
GOI requested WB support for land administration reconstruction in Aceh and North
Sumatra (Nias)
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Jan
BPN Decree prohibiting land transfers in Aceh
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Feb
Bank mission – to assess damage and design project
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Mar
Devastating earthquakes
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April Damage assessment confirmed. Design confirmed. Donor found. TTL deployed to
Indonesia full-time
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Jun
MDF Grant US$ 28.5 million approved
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Jun
EU provision of US$500k in satellite imagery and technical support
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Jul
CDA Manual prepared. Issued as BPN decree
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Jul
UN Special Envoy, Bill Clinton – presentation on Aceh (including RALAS) to UN
ECOSOC, NY
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Jul + Training of civil society facilitators
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Jul
new Head BPN appointed
Some Key Milestones (2)
2005 (continued)
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Aug
Peace Agreement signed Helsinki
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Aug
First fulltime monitor/advisor deployed to Aceh
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Sep
UNDP approved funding for training facilitators, outreach materials and some equipment
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Sep
Oct
RALAS project manager deployed to Banda Aceh
Issuance of MOF instruction to waive all fees and charges for titling. RALAS became
effective, field teams deployed to Aceh
2006
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Mar
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Aug
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Dec
2007
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Sep
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Oct
2008
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Jun
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Dec
First titles issued
Fulltime monitoring team deployed
Final Visit by UN Special Envoy, Bill Clinton
Presidential Perpu on Aceh signed
Performance audit - BPKP
Revised CDA Manual
Grant extended until mid-2009
Results to date
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Trained approximately 700 facilitators (for community land mapping and
community driven adjudication process).
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Trained more than 480 BPN personnel on systematic registration and community
driven adjudication.
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Training of Shariah Court officials
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Community land mapping completed: about:
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Cumulative progress, as of January 2009:
120,000 land parcels.
Total number of title certificates distributed:
114,737 titles.
Total number of land parcels adjudicated:
223,105 parcels
Total number of land parcels surveyed:
211,829 parcels
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BPN building renovated/constructed: So far, 8 BPN office buildings rehabilitated
(7 completed and put to use while one partially completed).
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About 50,000 land records damaged by tsunami were recovered (by end 2006;
courtesy JICA) and data-bases established.
Other Outputs
Key Policy outputs have included:
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Dissemination of guidelines on inheritance in accordance with Syariah
law
PERPU: Treatment of mortgages of properties already destroyed by
tsunami (presidential decree, issued in Sep 2007) and protection of pretsunami property rights
Waiver of taxes, fees and charges for land titles issued in the tsunami
affected areas (MOF regulation of Oct 2005)
Surveying regulations widely disseminated
CDA (RALAS) Manual –prepared and revised
Some Independent Reviews of RALAS
Perceived strengths
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Broader contributions in preventing land grabbing and speculation, joint titling
(gender concerns) and overall signal sent on land policy issues through
information campaigns.
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Training provided (by the Bank) to NGOs helped to jump-start community land
mapping and adjudication of land ownership rights as a village/community
based exercise.
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More than 120,000 houses constructed using community land mapping
techniques.
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Facilitated resolution of land disputes at the local level.
Perceived Weaknesses
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Slower than expected pace of land titling program.
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Adequacy of engagement with NGOs/CSOs.
Key Reviews
• Regular WB Supervision mission reports (6 monthly reviews)
• Various reviews undertaken by external agencies, but generally all
based anecdotal evidence and lacking in detailed data collection
directly from field
• MDF funded Project Implementation and Beneficiary
Assessment (PIBA) completed in Jan 2009
• MDF Mid-Term Review of all MDF-funded projects
• Review of Study on Gender Impacts of Land Titling in Aceh, will
commence March 2009, funded by World Bank Gender Action Plan
(GAP)
Concluding Remarks
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Emergency nature of the project has passed. Focus on reconstruction.
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Contributions to longer-term stability to the Aceh land administration system
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Impact of new Law on Governing Aceh and provincial priorities
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Longer term - Land Market developments:
“I can think of nothing that will generate more income over the long run for
average families in this region than actually having title to the land they own.
Then, they will be able to borrow money and build a much more diversified,
much more modern economy.” UN Special Envoy for Tsunami Recovery, former
US President Mr. Bill Clinton, Aceh, 23 May 2005
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