this document has a restricted distribution and may be used by
TRANSCRIPT
Document o f The World Bank
Report No: 25913
FOR OFFICIAL USE ONLY
PROJECT APPRAISAL DOCUMENT
ON A
PROPOSED CREDIT
IN THE AMOUNT OF SDR 15.1 MILLION (US$20.5 MILLION EQUIVALENT)
TO THE
REPUBLIC OF GHANA
FOR A
LAND ADMINISTRATION PROJECT
July 8, 2003
This document has a restricted distribution and may be used by recipients only in the performance o f their official duties. I t s content may not otherwise be disclosed without Wor ld Bank authorization.
AFTS4 Country Department 10 Africa Regional Office
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CURRENCY EQUIVALENTS
(Exchange Rate Effective July 31,2002)
Currency Unit = Ghanaian Cedis
US$l.OO = Cedis 8099 Cedis 1000 = USS0.12
FISCAL Y E h January 1 -- December 3 1
ABBREVIATIONS AND ACRONYMS Adjustable Program Loan Country Assistance Strategy Comprehensive Development Framework Country Financial Accountability Assessment Customary Land Authority Community Land Awareness and Mobilization Program Country Procurement Assessment Report Country Portfolio Performance Review Department for Intemational Development, UK Detail Procurement Plan Environmental Action Plan Environmental Impact Assessment Environmental Protection Agency Environmental Resource Management Project Economic Rate of Return European Union Focus Group Discussions Financial Management Initiative Financial Monitoring Report Gazzetment o f Globally Significant Biodiversity Area Global Environment Facility Ghana Living Standard Survey Govemment of Ghana Ghana Planning Institute General Procurement Notice Global Procurement Plan Global Positioning System German Technical Cooperation Intemational Development Association Kwame Nlaumah University of Science and Technology Local Advisory Committee Ghana Land Administration Project Land Administration Project Steering Committee Land Administration Program Unit Land Information System Land Title Registry Ministry o f Lands and Forestry Non Governmental Organization
APL CAS CDF CFAA CLA CLAMP CPAR CPPR DFID DPP EAP EIA EPA E M ERR EU FGD FINMI FMR GBSA GEF GLSS GOG GPI GPN GPP GPS GTZ IDA KNUST LAC LAP LAPSC LAPU L I S LTR MLF NGO
NIRP NLP NLVB NPP NPV NFWP OASL oss PAD PPMED RSA S I L SOE SPN TCPD UNDB
National Institutional Renewal Project National Land Policy National Land Valuation Board National Patriotic Party Net Present Value Natural Resources Management Project Office of Administrator of Stool Lands One-Stop-Shop Service Project Appraisal Document Policy, Planning, Monitoring and Evaluation Department of MLF Rapid Social Assessment Sector Investment Loan Statement of Expenses Specific Procurement Notice Town and Country Planning Department United Nations Development Business
Vice President: Callisto E. Madavo Country Director: Mats Karlsson
Task Team Leader: Solomon Bekure Sector Manager: Joseph Baah-Dwomoh
FOR OFFICLAL USE ONLY
GHANA LAND ADMINISTRATION PROJECT
CONTENTS
A. Project Development Objective
1. Project development objective 2. Key performance indicators
B. Strategic Context
1. Sector-related Country Assistance Strategy (CAS) goal supported by the project 2. Ma in sector issues and Government strategy 3. Sector issues to be addressed by the project and strategic choices
C. Project Description Summary
1. Project components 2. Key policy and institutional reforms supported by the project 3. Benefits and target population 4. Institutional and implementation arrangements
D, Project Rationale
1, Project alternatives considered and reasons for rejection 2. Major related projects financed by the Bank and/or other development agencies 3. Lessons leamed and reflected in the project design 4. Indications o f borrower commitment and ownership 5. Value added o f Bank support in this project
E. Summary Project Analysis
1. Economic 2. Financial 3. Technical 4. Institutional 5. Environmental 6. Social 7. Safeguard Policies
F. Sustainability and Risks
1. Sustainability 2. Critical r isks
Page
3 3
3 4 8
9 10 11 13
15 16 17 17 18
18 19 21 21 23 24 29
30 32
This document has a restricted distribution and may b e used by recipients only in the performance o f their official duties. I t s contents may not be otherwise disclosed without Wor ld Bank authorization.
3. Possible controversial aspects 33
G. M a i n Loan Conditions
1. Effectiveness Condition 2. Other
H. Readiness for Implementation
I. Compliance with Bank Policies
Annexes
Annex 1: Annex 2: Annex 3: Annex 4: Annex 5: Annex 6:
Annex 7: Annex 8: Annex 9:
Project Design Summary Detailed Project Description Estimated Project Costs Cost Benefit Analysis Summary, or Cost-Effectiveness Analysis Summary Financial Summary for Revenue-Earning Project Entities, or Financial Summary (A) Procurement Arrangements (B) Financial Management and Disbursement Arrangements Project Processing Schedule Documents in the Project F i le Statement o f Loans and Credits
Annex 10: Country at a Glance Annex 1 1 : Environmental Impact Assessment Annex 12: Social Assessment Annex 13: Statement o f the Government o f the Republic o f Ghana o n Land Policy
33 33
33
34
35 42 58 61 66 67 72 77 78 80 82 84 88
101
MAW) IBRD No. 32475
GHANA Land Administration Project
Project Appraisal Document Africa Regional Office
AFTS4
NORDIC DEVELOPMENT FUND Total:
T e a m Leader: Solomon Bekure Sector(s): General agriculture, fishing and forestry sector
Theme(s): Land management (P)
r Manager : Joseph Baah-Dwomoh Country Director: Mats Karlsson (1 00%) Project ID: PO7 1 157
[ ]Loan [XI Credit [ ]Grant [ ]Guarantee [ ]Other:
For Loans/Credits/Others: Amount (US$m): 20.50
Proposed Terms (IDA): Standard Credit I
4.62 2.30 6.92 25.94 29.11 55.05
IDA CANADA: CANADIAN INTERNATIONAL DEVELOPMENT AGENCY (CIDA) UK: BRITISH DEPARTMENT FOR INTERNATIONAL DEVELOPMENT (DFID) GERMANY: GERMAN TECHNICAL ASSISTANCE CORPORATION (GTZ) GERMANY: KREDITANSTALT FUR WIEDERAUFBAU ( U W )
8.52 0.33
3.55
1.30
0.06
0.00 11.99 0.70
5.48
2.67
5.96
20.5 1 1.03
9.02
3.98
6.03
_______ _ _ _ _ ~
Borrower: REPUBLIC OF GHANA Responsible agency: MINISTRY OF LANDS AND FORESTRY Address: P. 0. Box M. 212
Accra Ghana
Contact Person: Mr. Sulemana Mahama Project Coordinator
Tel: (233)-2 1-687349 Fax: (233)-21-666801 Email: SmahamaaMlf-Gh.Com
Estimated Disbursements ( Bank FY/US$m):
Project implementation period: 2003 - 2008 Expected effectiveness date: 1013 112003 Expected closing date: 1213 112008
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A. Project Development Objective
1. Project development objective: (see Annex 1)
The government o f Ghana issued i t s Land Policy in June 1999. This was subsequently amended by the current National Patriotic Party administration in 2002 as summarized in Annex 13. The long-term goal o f the Government’s land pol icy i s to stimulate economic development, reduce poverty and promote social stability by improving security o f land tenure, simplifying the process for accessing land and making i t fair, transparent and efficient, developing the land market and fostering prudent land management. This wil l be achieved through implementation o f a long term (15-25 years) land administration reform program. The Ghana Land Administration Project (LAP) wi l l be the first phase that would lay the foundation for implementation o f this long-term land administration reform. A major feature o f this f i rst phase L A P i s i t s role in providing an enabling environment for exploration, testing and learning by doing. The need for f lexibil i ty among and within activities i s emphasized.
The specific objective o f the project i s to develop a sustainable and well functioning land administration system that i s fair, efficient, cost effective, decentralized and that enhances land tenure security. I t would seek to (a) harmonize land policies and the legislative framework with customary law for sustainable land administration; (b) undertake institutional reform and capacity building for comprehensive improvement in the land administration system; (c) establish an efficient, fair and transparent system o f land titling, registration, land use planning and valuation; and (d) issue and register land titles in selected urban and rural areas as a pi lot to test (b) and (c) above and innovative methodologies, including community level land dispute resolution mechanisms.
2. K e y performance indicators: (see Annex 1)
The progress towards achievement o f the project’s development objectives would be monitored through a set o f key indicators which would include: (a) land pol icy and legislative review completed and codified land legislation drafted and approved by Cabinet; (b) improved land administration procedures and information system implemented making access to land easier and transaction costs lower; (c) reduced number o f land l it igation cases in courts o f p i lot land titling and registration areas; (d) increased investment in the property sector as security for land owners and users i s enhanced and mortgage financing i s facilitated in pi lot land titling and registration areas; (e) increased revenues f rom land transactions in p i lo t land titling and registration areas; (f) public sector land agencies are restructured and customary land administration authorities strengthened; (g) NGOs, communities and the private sector play an active role in land administration; and (g) increased land titles registered by women. Key output indicators include: (a) establishment o f at least 50 customary land administration units; (b) one-stop-shop centers established in at least three regions: (c) at least 10 NGOs involved in promoting local level land administration and land management; (d) titling and registration o f 300,000 parcels o f urban land to individuals and at least 80 allodial titles to stools, skins, tendambas clans and families; and (e) reduction in the 35,000 land cases in courts.
B. Strategic Context 1. Sector-related Country Assistance Strategy (CAS) goal supported by the project: (see Annex 1) Document number: 20185
The proposed project i s consistent with the Bank’s Ghana CAS and the Ghana Poverty Reduction Strategy (GPRS), discussed by the Board on M a y 8,2003. Bo th the CAS and the GPRS aim at reduction in the incidence o f poverty in both rural and urban areas and strengthened capabilities o f the poor and vulnerable to earn income. The project would address this by facilitating access to land and improving
Date of latest CAS discussion: March 30, 2000
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security o f rights and interests in land. The legal, policy and institutional reforms envisaged in the project are in line with the CAS goals o f (i) promoting decentralized and efficient delivery o f key services; (ii) redefining the role o f the state by collaborating more effectively with partners outside the government, especially traditional authorities, c iv i l society and the private sector; and (iii) supporting reforms in public sector management, using i t as vehicle to make progress o n important issues such as legal reform, governance/cormption and financial management. The project wi l l support the attainment o f these objectives and those o f the GPRS in three ways. First, improving the land administration framework to reduce conflicts in land ownership and land use, and provide secure land titles in both urban and rural areas. The land titles would assure security o f tenure to land and peaceful possession, facilitating investments in housing, industry, agriculture and services sectors o f the economy that wil l generate employment and economic growth. Second, reforming and modernizing public sector administration and management o f land and decentralizing land administration services to the local level structures would rationalize land policies and institutional responsibilities for land administration, and streamline operational practices. This would strengthen land use planning and enable transparent and secure land transactions, reduce transaction costs to rural and under privileged communities, thus facilitating investment, and growth while considering the competing interests for land and reserving space for future community development. Third, facilitating participation o f c i v i l society and the private sector would check excesses o f public sector management, reduce land transaction costs and promote transparency in the administration and management o f both public and private land and self help initiatives for growth and development, building on the cultural heritage o f Ghana.
2. Ma in sector issues and Government strategy:
Background
The different types o f land tenure and the land administration system prevailing in Ghana today evolved over time f rom the interplay o f the sociopolitical organizations o f the various tribes, clans and families through trade, wars and incorporation; the advent o f colonial r u l e and subsequent introduction o f tree crop agriculture as wel l as commercial exploitation o f timber and mineral resources; post independence politics; and urbanization. Differences in natural endowments between the savanna north, the forest south and coastal l i ttoral have also influenced development in trade and colonization, which have in turn affected developments in land tenure and land administration. The basic land laws in Ghana are, therefore, deeply embedded in the sociocultural systems and polit ical institutions o f i t s indigenous societies even though they have been fundamentally influenced by administrative and statutory rules o f the modern state.
In a l l the indigenous social administrations, land i s communally held in trust for the tribe or clan or fami ly and administered by the chiefs, tendumbus or heads of these sociopolitical entities. ‘Indigenes’ or members o f these entities had guaranteed access to the usufruct right o f land. Individuals or groups who were unable to access land in their own societies migrated elsewhere and could readily get land for farming. As long as population densities remained l o w and land had l i t t le commercial value, local chiefs historically sought to enhance their influence by increasing the number o f people under their control through incorporation o f non-indigenous groups. The indigenous societies were thus sufficiently accommodating that migrants or ‘strangers’ were able to establish use rights in land at their new place o f settlement through polit ical incorporation, long-term lease arrangement or sharecropping agreement. These arrangements have historically played a key role in making land available to those who needed it, particularly during the first ha l f o f the 20th century.
The demand for land and labor for growing cash crops such as cocoa and o i l pa lm and exploitation o f mineral resources gave rise to chiefs allocating land concessions to prospectors and migrant farmers
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under long-term lease arrangement or even outright sale o f land. The colonial pol icy o f indirect rule vested in chiefs more exclusive administrative power over their people, removing social restraint over their authority inherent in the indigenous system o f authority, allowing some chiefs to pursue private gains at the expense o f communal interest and progress.
With commercialization o f land for agricultural and urban development, chiefs and heads o f clans and families became more than mere trustees o n behalf o f their communities, increasingly allowing them the right to freely dispose o f unallocated land. This emphasized the relationship between some o f the chiefs and members o f their communities into one approximating that between landlords and tenants. Some chiefs and heads o f clan and families became unscrupulous and gave out rights on the same land to two or more parties. In urban and peri-urban areas, not only family heads, but also individual family members sold or leased land without reference to their head, resulting in confusing assignment o f rights on the same parcel o f land to multiple parties. These malpractices have given rise to lengthy litigation clogging the courts. The Greater Accra region alone i s reported to have over 15,000 land disputes pending court adjudication.
Colonial land pol icy also introduced the notion o f eminent domain, providing for compulsory acquisition o f stool, skin and family lands for public needs. Although compensation was stipulated for f ixed developments on the land, the legislation did not provide for compensation o f land i tsel f , nor for the inconvenience o f people being dislodged f rom it. Post independence governments used this notion with impunity to establish state farms, plantations, the Volta Lake, the Vol ta River Authority, airfields and other public utilities and amenities. Some claims o f compensation arising out o f compulsory acquisition o f land by the state in the 1960s are s t i l l outstanding. In some instances, whi le very large tracts o f land were acquired by the State for specific purposes, their use has been changed and/or subdivided and leased out to non-indigenes, gifted or outright sold without consultation o f the land owners. Such grievances have created a great deal o f resentment and distrust among traditional landowners towards the local and national governments.
The post-independence government enacted legislation that vested stool, skin and family lands in the State in trust for the benefit of the allodial owners and their communities. The State acquired the right o f administration over these lands and specified how land revenues wil l be shared between the state, the local government and the allodial owners. M u c h to the chagrin of the chiefs and clan and family heads, the Lands Commission and later, the Administration o f Stool Lands were created to administer these lands and their revenues. The operations o f these institutions and their bureaucracies have been cause o f dissatisfaction and frustration by a l l parties having to deal with them. The granting o f land use rights, their registration and the administration o f the land revenues have not always been transparent, Rent seeking behaviors have been rampant in the public land agencies. The allodial owners o f land are against the high proportion o f land revenues given to district assemblies. Members o f the communities are concerned that there i s n o legal requirement for chiefs to share the revenue they receive with community members. In general, there i s a strong demand that land should be administered, not by government agencies, but by the allodial landowners themselves and through procedures which are accountable to community members. Because of the insecurity surrounding land rights, land figures very l itt le in the valuation o f residential and commercial property, thus minimizing i t s value in the economy and as collateral for loans as wel l as for tax assessment by both local and national governments. Furthermore, i t undermines both national and international investor confidence in land and other sectors o f the economy.
The Government’s Land Policy
Overtime, as land became more scarce, indigenous arrangements under which individual members o f the lineage enjoyed general rights o f access to land have been rendered untenable. Indigenous tenancies have
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been generally replaced by sharecropping (abusa and abunu systems) that enabled local landowners to gain labor for their farms. Commercial transactions in land and the transformation o f inheritance rules compounded by population pressure have given rise to increased litigation over land as individuals sought to exclude those they believed to ho ld illegitimate claims, and especially migrant farmers. Post-independence governments enacted a multiplicity o f legislation to deal with specific problems in an ad hoc basis, not forming part o f a comprehensive policy o f land acquisition or land use administration. I t was the realization o f the need for more coherent long-term land pol icy and i t s effective administration that instigated GOG to develop a national land policy in 1999, as amended in 2002, and seek ways o f implementing it.
The specific objectives o f GOG’s land pol icy are to: (a) harmonize statute and customary laws to facilitate equitable access to and enhance security o f tenure o f land through registering systematically a l l interests in land; (b) create and maintain effective institutional capacity and capability at the national, regional, district and where appropriate, community levels for land service delivery; (c) promote community and participatory land management and land use planning within a decentralized planning system; (d) minimize and eliminate where possible the sources o f protracted land boundary disputes, conflicts and lit igation in order to bring their associated economic costs and sociopolitical upheavals under control; (e) formalize land markets where appropriate and instill order and discipline to curb the incidence o f land encroachment, unapproved development schemes, multiple or i l legal land sales, undue land speculation and land racketeering.
A number o f issues that require immediate attention have been identified in many previous land administration related studies and are summarized in the National Land Policy document. The main sector issues can be characterized as: (i) inadequate pol icy and legal framework; (ii) fragmented institutional arrangements and weak institutional capacity; and (iii) underdeveloped land registration system and inefficient land market. It i s interesting to note that inequity in land holdings has not been an issue in the past because the rules governing access to land allowed families to claim land roughly proportionate to their total labor endowment, resulting in generally l i tt le disparity in land distribution, These mechanisms may have broken down in recent years, particularly where rural areas are converted to urban house plots. Women and poorer members o f the group have been shown to often lose land rights in this process. The absence o f development o f a large number o f large scale commercial farms in Ghana has also helped check inequities in land distribution.
Inadeauate Policv and Legal Framework: Land administration in Ghana i s govemed by both customary and enacted legislation. Courts have also ruled o n customary subjects resulting in a body o f legal precedents for some land related customs. Some 166 state laws that regulate land administration and establish mandates for different agencies exist in the statute books. Many o f these laws and regulations conflict with one another and some are outdated andor irrelevant. Their existence i s used often to confuse issues, delay implementation o f programs and prolong land litigation in courts. W h i l e lack o f a comprehensive land pol icy framework that has bedeviled land administration i s addressed by the National Land Policy, i t has not been implemented. In many areas, the Policy provides broad strokes which now need elaboration. Inadequate security o f land tenure due to conflicts o f interest between and within land-owning groups and the state, and the slow disposal o f land cases by the courts adds to land transaction costs and frustrates potential indigenous and foreign investors. Compulsory acquisition by the state o f large tracts o f lands that have not been fully uti l ized and for which payment o f compensation has been delayed has created intractable problems. This pol icy has lef t landowners almost landless, denied their source o f l ivelihood and made them tenants on their o w n lands, giving r ise to poverty and disputes between the state and the stools, as wel l as within the private land sector. Divesting o f land in the northern part o f the country has unintentionally heightened disputes among landowners and land
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authorities as different interest groups struggle to capture the returned land under their own authority. An added dimension i s the confusion generated concerning the amount o f compensation to be paid for lands developed for the communities' direct benefit, such as schools and clinics. Lack o f consultation with land owners and chiefs in decision making for land allocation, acquisition, management, utilization and development o f state acquired lands has generated intractable disputes between the state and the private land owning groups and within communities.
Fragmented Institutional Arranpements and Weak Capacitv: In most parts o f the country land i s communally owned, held in trust for the community or group by a stool or skin as symbol o f traditional authority or by a family. Stool or skin lands are a feature o f land ownership in almost a l l the Akan traditional groups in southern Ghana and in most tribes and clans in northern Ghana. Sandwiched between the public and private lands i s a small percentage o f vested lands whose administration are a form o f split ownership between the state and the allodial owners. Scattered a l l over Ghana are also a number o f social groups that do not recognize a stool or skin as symbolizing private communal land ownership. In such instances, the traditional arrangement i s normally that o f vesting land ownership in the clan, fami ly or individual. This practice i s prevalent in the Vol ta Region and in some traditional areas in other regions. The state has responded to this situation by creating a number o f land sector agencies with fragmented land administration responsibilities. The main agencies are the: (i) Lands Commission, (ii) NationaVRegional House o f Chiefs; (iii) office of Administrator o f Stool Lands; (iv) Land Valuation Board; (v) Survey Department; (vi) Land Title Registry; and (vii) Department o f Town & Country Planning. Enabled by enacted legislation, the different agencies and offices administer public lands, stool lands and vested lands and maintain land records, without appropriate mechanisms for coordination o f land use policies, plans and programs. The relationship among these has been dominated by the public sector that defines the ru les and enforces compliance. The state agencies have not developed good mechanisms for active collaboration with the traditional authorities and a l l land stake holders to ensure proper land records are kept and maintained. This results in lengthy land acquisition procedures for agricultural, industrial, commercial and residential development purposes due to conflicting claims to ownership and varied and outmoded land disposal procedures.
Underdeveloped Land Repistration svstem and Inefficient L a n d Market: Except in few urban centers that have benefited from earlier urban renewal and development projects, there i s n o systematic cadastral mapping, registration and titling program in Ghana. Indeterminate boundaries o f stool, skin and family lands resulting f rom lack o f reliable property maps andor plans and the use o f o ld inaccurate boundary maps, lead to protracted l it igation and freezing o f land for development. Frequent encroachments o n both public and private lands, multiple-sales o f residential parcels, unapproved development schemes, resulting in haphazard developments, environmental degradation and frequent violent confrontations between and among opposing claimants. The inefficiency o f the land markets i s manifested by the unmet demand, in the urban market, for housing, industrial and commercial land because o f shortage of secure unencumbered lands. This shortage has l ed to high urban land prices and subsequently influenced the development o f peri-urban lands in a haphazard manner not supported by appropriate infrastructure services l ike roads, drainage, water and electricity. Many such transactions are informal and therefore the revenues that could be generated for national and local governments are lost, but these governments bear the costs of such developments through increased demand for social services and abating environmental and health problems associated with such settlements.
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3. Sector issues to be addressed by the project and strategic choices:
The proposed project would address a l l the issues raised in the Land Policy Statement in an environment o f high stakeholder participation. Land laws and regulations in the statute books wil l be reviewed and rationalized in order to produce unambiguous and clear land legislation consistent with customary practice and the 1992 Constitution. Public land agencies would be restructured and reformed and their capacity strengthened to ensure better cooperation and delivery o f decentralized and efficient land administration services. The system for storage and retrieval o f land records wil l be overhauled and improved to enable easy access to public, traditional and private interests v ia digital search. Partnership with traditional authorities in land administration has been very limited. Recognizing that close to 80% o f the land area o f Ghana i s held in customary tenure, the project would seek to assist traditional authorities to develop local land administration in a transparent and accountable manner and with increased participation o f community members o n whose behalf they act. The project will explore with traditional authorities appropriate divisions o f responsibility and linkages with public land agencies. Collaborative programs for simplified mapping, registering and titling customary land would be developed and implemented in partnership with traditional authorities, c iv i l society and the private sector. One-stop-shop centers and local government land administration offices would be set-up and land record data banks established. Appropriate evolving roles, powers and relationships among customary land administrations, local governments and state agencies will be explored, defined and tested with an emphasis throughout upon improving public accessibility and accountability.
,
Under the 1992 Constitution, the District Assemblies are allocated 55% o f revenues accruing from transactions in stool and skin lands after administrative costs are deducted. They are also enjoined to acquire land for investment and development purposes. Weak land administration has not enabled the district assemblies to fully benefit from such revenues or to use these for developing services in the areas f rom where the revenue originated. The acquisition o f land for development projects has also been a problem. The project would bring land administration services to the doorsteps o f the populace. I t would work with selected district assemblies and the Town and Country Planning Department to help them improve the delivery o f land use planning services and ensuring adherence to planned development o f human settlements.
The capacity o f the Ministry o f Land and Forestry (MLF) to formulate policies and monitor and evaluate the performance o f the land sector and the impact o f land policies and development efforts would be strengthened. Public awareness and education programs would be launched to inform the populace o f developments and how they may improve their land security. The project will also adopt a participatory approach wherever possible. Consultation with and involvement of the public will be specifically sought in the design and implementation o f policy, legislative and institutional reviews. Representative participation wil l be sought when designing the system for cadastral mapping, land titling and registration and management o f land records to ensure these are useable by clients. The project wil l explore the establishment o f local land fora as a place where local concerns and interests may be expressed and discussed. These would be f i rst developed in pi lot areas.
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C. Project Description Summary 1. Project components (see Annex 2 for a detailed description and Annex 3 for a detailed cost breakdown):
The Ghana Land Administration Project will comprise the following components:
Harmonizing Land Policy and Legislative Framework
Institutional Reform & Development
Improving Land Titling, Registration, Valuation and Information Systems
Project Management, Monitoring and evaluation
PPF Total Project Costi
1.16 2. I
29.22 53.1
16.30 29.6
7s1 13.6 I
0.19
9.23
6.92
3.30
0.9
45.0
33.8
16.1
4.2 0.86 1.6 0.86 55.05 100.0 I 20.50 I 100.0
Total Financing Required I 55.05 I 100.0 I 20.50 I 100.0
Component I: Harmonizing Land Policy and Regulatory Framework for Sustainable Land Administration 1.1 1.2
1.3 1.4
1.5
Revisions o f policies, laws and regulations for an effective and efficient land administration Strengthening o f c i v i l courts to expedite resolution o f land cases and developing alternative land dispute resolution mechanisms Inventory o f a l l acquired state lands and determination o f outstanding compensation Policy studies: i. Land tenure registration to formulate government pol icy o n what rights wil l be registered o n
land titles; ii. Divestiture o f vested lands; iii. Finance and fees structure o f land administration system to formulate government policies o n
fees and taxes for registration o f land transactions; iv. Gender study and analysis; and v. Assessment o f current land administration services provided by customary land authorities, Land Policy development process
Component 11: Institutional Reform and Development 2.1 2.2 2.3 Strengthening customary land administration; 2.4 2.5
Restructuring o f public sector land agencies; Decentralizing and strengthening land administration services;
Strengthening private land sector institutions; and Strengthening land administration and management training and research institutions
Component I11 Improving Land Titling, Registration, Valuation and Information Systems 3.1 3.2 Cadastral mapping;
Developing the cadastre and land information systems;
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3.3 3.4 3.5 3.6 3.7 3.7
Establishing model land titling and registration offices; Improving deed and t i t le registration; Land use planning and management Establishing land valuation data base; Piloting demarcation and registration o f allodial land boundaries; and Piloting systematic land titling and registration.
Component IV: Project Management, Monitoring and Evaluation 4.1 Project coordination and management; 4.2 Human resources development; 4.3 Communication strategy; and 4.4 Monitoring and evaluation and impact assessment.
2. K e y policy and institutional reforms supported by the project:
One o f the key policy issues supported by the project i s the revision o f the existing plethora o f conflicting and obsolete land laws and regulations in the statute books as wel l as judic ia l decisions relating to interests in land and land administration in order to streamline them and make them clear, unambiguous and consistent with customary practice and the 1992 Constitution. C iv i l courts would be established and strengthened to expedite settlement o f the large number (about 35,000) pending land cases clogging the courts and to avoid the accumulation o f pending cases in the future. In addition, alternative land dispute resolution mechanisms with active participation o f communities wil l be encouraged and facilitated under the project. A major resentment o f landowners towards successive governments i s the issue o f lands compulsorily acquired by the state for some o f which compensation has not been paid. Other lands so acquired by the state for specific reasons have been put to other uses or the interests transferred to third parties without the consent o f the landowners. In some cases the state has acquired land far in excess o f i t s need. An inventory o f state lands wil l be made to determine their status to serve as a basis for decisions for compensation and return o f land to their original owners.
Strong partnership wi l l be developed with traditional authorities for effective and participatory land administration and management and for instituting alternative land dispute resolution mechanisms. There i s a growing need for better information as a tool to prevent multiple allocations o f the same parcel of land by customary land authorities and to improve their transparency and accountability. This would be assisted by improvements to record keeping concerning stool, skin and fami ly land allocations. Customary land secretariats (CLS) o f the chieftainships will be developed, their capacities strengthened through training and supported o n a pi lot basis in selected areas. This would start with existing secretariats o f the Kumasi Traditional Council and Gbawe family lands in Accra, but would be expanded to at least 50 CLS. This wil l also promote and strengthen decentralized land administration.
The land titling, registration and valuation program wil l address the issue o f insecurity by systematic ascertaining o f interests in land o n a pi lot basis. I t i s acknowledged that land titling would not be appropriate in every case and may not deliver the intended benefits. Formal land titling may be expensive for the rural population and di f f icul t to justify in every part o f the country. In some cases, land titling may risk altering or abolishing customary interests in land, thus creating new problems. Therefore, one has to proceed cautiously in implementing systematic land titling and registration. Under the proposed project, the process wil l test various assumptions, hypotheses, policies, procedures and methodologies involv ing titling interests in land and registering and valuing them. The experience gained and the lessons learnt f rom the pilots wi l l provide the basis for scaling-up operations in subsequent land administration projects.
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The institutional reform under the project wi l l comprise revising the mandates and roles o f the six public land agencies, streamlining and restructuring them, if possible, under one land administration umbrella and decentralizing their operation for delivery o f t imely and efficient land administration services. Modernizing o f operations with improved use o f technology, record systems and information management will be an integral aspect o f the institutional reform. Integrated user-friendly one-stop-shop centers wil l be established, init ially in Accra and Kumasi and subsequently at regional and distinct levels in order to make land administration services more accessible, efficient and responsive to the community. Concomitant with this effort, the project will facilitate the participation o f the private sector in cadastral mapping and land titling and valuation for promoting efficient land markets. Professional associations o f chartered surveyors, land valuers and real estate agents would be strengthened to build the capacity o f the private sector and to enhance the sk i l ls and promote ethical professional conduct o f their membership. The production o f surveys and cadastral maps will be contracted out to the private sector. C iv i l society wi l l be involved in promoting alternative land dispute resolution mechanisms and awareness creation and education campaigns implemented under the communications strategy o f the project.
3. Benefits and target population:
The legislative reviews that wil l lead to consolidating the plethora o f land laws and harmonize them with customary land administration practices and the institutional reform that wil l streamline and restructure public sector land agencies, strengthen their capacity and decentralize their operations, in collaboration with the traditional land councils, wil l benefit the entire population o f Ghana. The demarcation o f boundaries o f allodial land owners and titling and registration o f land interests wi l l increase the security o f land tenure for the communities in the pi lot areas selected for systematic land titling. Specific beneficiaries o f the project are as follows.
Traditional Land Owners: Customary land owners have often relied o n courts during land disputes to determine their boundaries. Often court rulings are contested and result in further appeals with attendant high costs and freezing o f lands f rom development. The project would promote the development o f local conflict resolution mechanisms. The mapping o f traditional land boundaries and issuing o f land titles to cover such holdings, would facilitate the resolution o f boundary conflicts. The courts would be strengthened to expedite the resolution o f the large number o f land cases clogging the court system. In addition, training would be provided to traditional owners in basic land administration and records management. Partnerships developed in the course o f the project implementation would be sustained with assistance and encouragement to develop land offices o f traditional authorities such as the Asantehene’s Land Secretariat in Kumasi and the land administration o f the Gbawe fami ly in Greater Accra.
Vulnerable GrouDs: : Several areas o f the forest belt and the transitional zone are settled by poor farmers who are not native to their areas o f operation under various forms o f tenancy arrangements with their hosts. Due to the undocumented nature o f the arrangements, tensions often arise and sometimes flare up into confrontations. With land shortage, strangers and tenants sometimes find that landlords or chiefs change the terms o f their land occupation unilaterally. Recent research shows that strangers and tenants who are women are afraid to put their land under fallow for the usual periods in case this gives landlords an excuse to repossess the land. This affects the productivity o f their farms. In a l l areas o f Ghana women constitute a large percentage o f the farming population. However, their land rights are not clearly defined and documented and many stand the risk o f dispossession once they are n o more with their spouses or families, when they are widowed or when land shortage becomes acute. The project would sponsor specific studies into these phenomena to enable a negotiated mechanism to be established for the registration o f these types o f interest in land. It would work with customary authorities to help them adopt new procedures to attend to the land rights of women, tenants and strangers. The project
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would also seek to institute legislative protection o f the rights o f individuals, very often poor farmers who stand to be evicted through acquisition o f land by the state or local government or through urbanization. Traditional authorities will be assisted to devise formula which ensure that poorer members o f the community are not made landless when rural lands are converted into urban housing plots. Land lit igation and the threat o f violence on disputed lands discourage domestic and international investors who seek land for development. The provision o f secure titles to land would facilitate orderly and legal acquisition o f land for development either by outright purchase or long-term lease thus enabling land to serve as collateral for credit to improve and develop land. Simplification o f procedures and reduction in transaction costs will substantially widen the range o f beneficiaries. Special attention would be paid to issues o f land rights in the north o f the country where the rural poor constitute the larger percentage o f the population
National and Local Governments : I t i s expected that the project will generate incremental revenue to both national and local governments. These wil l accrue f rom registration fees, estate property tax, capital gains tax and stamp duty. The emphasis i s not so much on increased taxing mechanisms but equity in the application o f existing ones. Thus, increased revenue wil l accrue f rom (a) an increase in the proportion o f land tit led and registered; (b) improved efficiency in land administration, making registration cheaper and easier; and (c) an invigorated land market in rural and urban areas. Higher revenues would also result f rom higher land values arising f rom rising land and property prices reflecting a future net income stream created by land titling and registration and more objective and improved methods o f land valuation which the project will promote. Another benefit to a l l levels o f government will be the clearing o f court cases much faster and removal o f the barriers to investment and development which exist with the current system o f land acquisition.
Land management functions are currently centralized at the national and regional levels. There i s l i tt le consultation and coordination between land agencies and the District Assemblies. Assemblies wi l l benefit by the decentralization o f land management functions to the districts through being able to link their service provision with land administration developments. Bo th human capital as well as material resources such as equipment for land use planning would be provided by the project. The project’s support to district Town and Country Planning Departments in upgrading o f the planning system, processes and practices, training staff and provision of logistical support wi l l enable proper land use planning and implementation. The project will spearhead building a more responsible attitude to land management among public land administrators as wel l as the general public.
Land Sector Apencies: The project wil l benefit land sector agencies through streamlining their functions and fostering cooperative production o f land administration services, if possible, under one integrated umbrella. They wil l benefit directly through capacity building in both human and material resources. Staff would undergo various forms o f technical and professional training; and equipment, improved office space and work environment and other resources would be provided. This would improve performance and enable MLF to formulate appropriate land policies and to monitor and evaluate land sector activities more efficiently.
Private Sector Enterprises: Land acquisition for investment purposes are often fraught with uncertainty as a result o f land disputes over different interests in the same parcel o f land. The project would assist in identifying the land ownership categories and providing them with secure titles. Private sector entrepreneurs could then transact o n these lands without fear. Secure and transferable land titles would revitalize land and financial markets, particularly in urban settings. In addition, some o f the project activities in the form o f cadastral mapping and surveying would be contracted out to private f i r m s and individuals. Capacities of those engaged in these functions and in real estate markets would be
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strengthened through training and support to their professional associations. These activities further strengthen the role o f the private sector in the economy.
Central Government and Securitv Apencies: Land disputes often degenerate into violent confrontations that cause losses o f l i f e and property, disrupting normal socioeconomic activities. Considerable time, energy and cost i s expended by Government and security agencies to contain such conflicts. The project would, through participatory approaches, promote local conflict resolution mechanisms and provide secure titles to land and hence minimize the threat o f land related disturbances. The judic ia l system wil l also benefit as the project would provide resources to expedite settlement o f land cases and introduce alternative dispute resolution mechanisms that would minimize court litigation.
Research Institutions: Research institutions have been engaged in research o n land issues for a long time and have contributed to understanding the limitations and inadequacies o f the land administration system in Ghana. DFID and GTZ have commenced an initiative to improve learning about land tenure in the region and fostering collaboration with other West Afr ican states especially Francophone West Africa. The project would involve these development partners to foster continuous research o n land tenure issues and development and their impact o n people.
4. Institutional and implementation arrangements:
Proiect Management and Coordination. The project would be implemented by MLF, the land sector public agencies, the Ministry o f Justice, traditional councils, academic and research institutions, NGOs and the private sector. However, the project’s overall management wil l be the responsibility o f the Chief Director (CD) o f MLF. The Land Administration Programs Unit (LAPU), the secretariat o f the project, wil l be located in the CD’s office and wil l report directly to the CD. A Project Coordinator will head L A P U and wil l be responsible for coordinating and monitoring the day to day activities o f the project under the guidance o f the CD. More specifically, the L A P U staff wil l ensure that a l l the technical assistance and other inputs the implementing agencies (IAs) require for implementing agreed upon workplans and budgets are provided adequately in a timely manner. L A P U would be responsible for organizing training, workshops and seminars and implementation o f the communication strategy under the project. The detailed terms o f reference o f LAPU and i t s staff are provided in the PIM. The heads o f a l l I A s wil l be responsible for the implementation o f components andor sub-components or activities assigned to them for implementation. They will execute the annual work plans and budgets agreed upon, monitor and report o n progress achieved and returns o n expenditures.
Financial management and procurement involving national and international shopping and bidding wil l be the responsibility o f the Finance and Administration Department, MLF. IAs wil l finance operating expenses and procurement o f small-ticket items o n the basis o f an imprest advance whose expenditure has to be fully accounted for pr ior t o i t s replenishment. Whi le overall responsibility for monitoring and evaluation will be that o f the PPMED, MLF, monitoring o f implementation progress wil l be the responsibility o f I A s with guidance and oversight by PPMED. K e y monitoring indicators wil l be agreed upon and reporting formats developed jo in t ly by PPMED and I A s that wil l uti l ize the monitoring information as management tools to improve upon their own performance. The I A s wil l submit their monitoring reports to PPMED at agreed intervals. PPMED wil l be responsible for compiling monitoring reports o f a l l IAs into a coherent whole report of the project for GOG, i ts development partners and the public at large. Beneficiary assessment and impact evaluation work wil l be contracted out to academia, think tanks, NGOs and private consulting f i r m s . PPMED will, in consultation with IAs, be responsible for preparing the TORS, selecting and supervising the consultants contracted to carryout beneficiary assessments and impact evaluation. PPMED will be strengthened with additional staff, training and logistics to carry out i t s M&E functions effectively.
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Proiect Oversight: MLF will be assisted in the implementation o f the project by two oversight committees. A Lands Policy Steering Committee (LPSC) that wil l provide guidance on the pol icy and management aspects o f the project and a Lands Sector Technical Committee (LSTC) that wi l l provide guidance and supervision on the technical aspects o f the project. Members o f the LPSC wil l be the principal stakeholders and prominent professionals in Ghana’s land pol icy scene; i.e. : (i) Minister, MLF (Chairperson); Deputy Ministers o f Ministry of: (ii) MLF (Lands); (iii) Justice; (iv) Local Government and Rural Development; (v) Information and Presidential Affairs; (vi) Environment and Science; (vii) Food and Agriculture; (viii) Women and Children’s Affairs; (ix) Finance and Economic Planning; (x) Chairman, Select Committee o f Parliament on Lands; (xi) Representative, National House o f Chiefs; (xii) Renowned land tenure scholar; (xiii) Renowned jurist; (xiv) President, Ghana Bar Association; (xv) representative o f land sector NGOs; (xvi) Representative o f Academic or Research Institutions; and (xvii) Head o f the National Women’s Development Council. The Project Coordinator wi l l be Secretary to the LPSC.
The LSTC will be chaired by the Chief Director, MLF and comprise a l l the heads o f a l l the project implementation agencies as wel l as the Technical Director (Lands), MLF; Director, Finance and Administration, MLF; Director, PPMED, MLF; Coordinator, National Institutional Renewal and representatives o f the ministries o f Information and Finance and Economic Planning and representative o f land sector NGOs and the Bar Association. The Project Coordinator wi l l be the Secretary o f the LSTC.
Staffiw of LAPU: LAPU will be manned by six professionals to enable i t coordinate implementation o f the project, provide facilitating services for project I A s and follow-up o n pending issues These wil l be: (i) The Project Coordinator; (ii) Legal Advisor; (iii) Social Science Specialist; (iv) Public Administration Specialist; (v) Communications Specialist; and (vi) Internationally Recruited Project Management Advisor, The j o b description o f these specialists wil l be included in the P IM. The staffing o f the L A P U with these specialists wil l be a condition o f disbursement o f IDA funds under the project.
Proiect Execution: T h e pro ject components will b e executed on the ground (district t o regional and nat ional levels) by the var ious I A s (the pub l i c sector agencies as restructured under the project, t radi t ional authorities, M i n i s t r y o f Justice, KNUST, professional associations, etc.) on the basis o f agreed upon annual p rog ram and budget approved by the (LPSC). The responsibi l i ty o f the Project Coordinator wi l l b e to (a) facil i tate the work o f these imp lemen t ing agencies and to service their needs through the t i m e l y disbursement o f funds and procurement o f goods and services; (b) arranging for training o f s taf f in accordance with the human resources development plan; (c) ensuring that the monitoring and evaluat ion work are carr ied out proper ly and reported upon promptly; (d) ensuring that the pub l i c awareness and educat ion and pub l i c relations activit ies o f the pro ject are conducted in col laborat ion with pro ject implement ing entities; (e) generating f inancial and pro ject implementat ion reports for GOG, development partners and the public at large; ( f ) ensur ing that al l land data i s accessible and exchanged between pro ject partners as required; (g) act ing as secretary to the two oversight committees, LPSC and L S T C ; and (h) l ia is ing with the M i n i s t r y of Finance and Economic Planning, other relevant ministr ies and agencies, NGOs, the pr ivate sector and development partners on pro ject related activities.
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D. Project Rationale 1. Project alternatives considered and reasons for rejection:
K e y design alternatives contemplated for the project were whether: (i) the project would be financed through a learning and innovation loan (LIL) or adaptable program loan (APL); (ii) the focus would be o n broad policy, legislative and institutional reform or narrower institutional reform that would emphasize improving efficiency o f land administration v ia titling, records management and promoting private participation in cadastral surveys and titling, etc. (iii) titling and registration o f only rural lands or both rural and urban lands would be included; (iv) sporadic or systematic contiguous land registration approach would be used; and (v) pi lot areas would be selected for cadastral mapping, registration and titling or coverage o f the whole country would be attempted.
FinancinP the Project Through a Learning or Adaptable P r o w a m Loan (LIL, APL): Although the project i s envisaged as the first phase o f a long-term program lasting over 15 or more years, a sector investment loan (SIL) was deemed more appropriate as the focus o f the project would be on the development o f the pol icy and regulatory framework, building institutions and testing processes, procedures and methodologies in land administration. As policy, legislative and institutional reforms are di f f icul t and lengthy processes, i t was deemed that they would not be amenable to clearly identified and time-bound triggers required for an APL.
Broad vs. Narrow Policy, Legislative and Institutional Reform. Although substantial efforts would be required in revising current legislation and customary laws and policies and restructuring land sector agencies, the situation in Ghana i s ripe for the broad reform approach as the sector problems are recognized in the government’s Land Policy Statement which lays out the principles for addressing these issues. The intractable land problems and disputes mentioned earlier cannot be h l l y resolved without the streamlining and harmonization o f the prevailing contradictory policies and legislation and reforming the non-collaborating and inefficient public sector land agencies. Resolving these problems as expeditiously as possible would be in the interests o f a l l stakeholders and it would not be diff icult to commit GOG to this broad approach.
R u r a l vs. Urban Lands. The selection o f the broad policy, legislative and institutional reform approach requires jo in t consideration o f rural and urban land issues. Furthermore, many urban areas in the southern part o f the country are sprawling fast into rural lands. Dealing with both rural and urban issues simultaneously would ensure the emergence o f consistent policies and legislation that would protect the different interests in land and the development o f procedures for cadastral mapping, systematic titling and registration o f land and land records management. Of particular importance in supporting sustainable land management wil l be the project priority to land use planning in peri-urban areas where problems o f land conflict abound.
Sporadic vs. Systematic L a n d Redstration. The sporadic approach involves preparing cadastral maps for large tracts o f land and then carrying out land registration for those who are interested in land titles after the maps have been produced. Experience in other countries shows that this i s a very slow and expensive process. The systematic land registration approach involves mapping and registering land t i t les simultaneously in a contiguous manner covering lands sub-district by sub-district, resolving boundary issues o f allodial owners through community participation as the cadastral mapping and registration proceeds. The systematic approach was chosen as the more appropriate method for Ghana. However, this wi l l be attempted o n a pi lot basis to be scaled-up in subsequent projects.
Pilot vs. National Coverage. Although the final a im o f the project would be to cover the entire nation with cadastral mapping, registration and titling, the first phase o f the project wil l concentrate efforts on selected areas, representing the different land tenure patterns prevalent in both rural and urban situations, Very useful lessons would emerge from the implementation o f these pilots with respect to participation
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o f traditional land authorities and communities, technical and logistic issues in land titling and registration, as wel l as land records management and inter-agency collaboration. These lessons would be used in scaling-up the program to the national level in subsequent phases.
2. M a j o r related projects financed by the Bank and/or other development agencies (completed, ongoing and planned).
Sector Issue
Ban k-financed 1. Rehabilitation and improvement o f essential infrastructure and capacity development o f District Assemblies; Institutional reform o f housing sector parastatals; Upgrading o f urban infrastructure in Tema and Kumasi; and line o f credit to establish a p i lo t housing finance sub-project.
2. Institutional development to support the implementation o f the Government's Environmental Act ion Plan (EAP). 3. Establish the institutional and operational framework for sustainable, participatory management o f Ghana's land and forest resources. 4. Strengthening municipal management to ensure the sustainable delivery o f adequate urban infrastructure and services, particularly in under-served urban towns; and Urban infrastructure rehabilitation and construction. 3ther development agencies 1 Capacity building for DAs
2. Civil service reform for the entire public sector for performance improvement 3. Land tenure studies in collaboration wi th French speaking West Afr ican countries (IIED) 4. Land use planning study '/DO Ratings: HS (Highly Satisfactory), S (
Project
Urban I1 - closed June 1999
3hana Environmental Resourcc Management Project (GERMP) . closed 1999
Vatural Resource Management Program Phase I - ongoing
Jrban 5 Project funded by IDA md Nordic Development Fund. March 2000 - ongoing
3U DAs Capacity building xoject - ongoing 3FID Civil Service Reform ?roject - ongoing
3FID and GTZ Program on Land Tenure Research - mgoing ;A0
Latest Supervision (PSR) Ratings
(Bank-finance1 Implementation
Progress (IP)
S
atisfactory), U (Unsatisfactory), ~
HU (Highly Unsatisfa
projects only) Development
Objective (DO)
S
S
S
U
ory)
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3. Lessons learned and reflected in the project design:
The Wor ld Bank has assisted many land reform and titling projects since the formulation o f i t s "Land Reform Policy Paper" in 1975. Three major lessons can be drawn f rom the Bank's experience in this projects over the past 25 years. First, land policy should be viewed as an integral element o f a broader pol icy dialogue rather than as a string o f narrowly oriented technical interventions. Experience shows that a lack o f consensus o n the broader subject o f land pol icy has often compromised the effect on development o f specific interventions such as land titling. Moreover, the social and polit ical sensitivity o f land issues and the need to adapt to site-specific conditions often require that carefully designed, small circumscribed area experiments should be conducted and evaluated before any fundamental nationwide pol icy change i s implemented. Second, land titling should be area-based, that is, i t should cover an entire area at once (systematic registration), and fit within a broader strategy o f rural development. Otherwise, imperfections in other factor markets may undermine or even eliminate the advantages f rom possession o f title. Third, there i s a rediscovery o f the value o f traditional land rights arrangements. In some areas, comparing with freehold titles, traditional tenure arrangements may be more cost-effective in increasing tenure security and even in providing a basis for land transactions. The proposed project takes into account the above lessons by emphasizing broader pol icy dialogue, systematic registration, and decentralization o f land services taking into account local situations and participation o f the stakeholders including traditional or customary land councils operating under chieftainships.
Community involvement in development projects in agriculture, water and forest management in Ghana has seen considerable progress. There i s need to encourage such stakeholder participation to obtain their input in land dispute resolution, titling and registration o f interests in land. In the Ghana Urban I1 mapping programs, the private sector has facilitated the effort and freed the Survey Department to concentrate o n other aspects o f map production. The role o f the private sector will be expanded to include not only surveyors but also solicitors and private contractors and NGOs in decentralization o f land management and capacity development in customary land administration. The proposed project wil l facilitate this and build the capacity o f the private sector through the training institutions offering diploma and degree courses in surveying and land administration and management and through professional associations o f chartered surveyors, land valuers and real estate agents.
4. Indications of borrower commitment and ownership:
Improving land administration has been the subject o f several public discussion and pronouncements by GOG. This i s reflected in the Ghana Poverty Reduction Strategy Paper and the 1999 National Land Policy, subsequently amended by the NPP Government. The govemment has committed some resources for improving urban land administration. The Urban development projects assisted by the Bank and other donors have included urban land administration sub-components. Institutional support and technical assistance was given to land administration agencies. A number o f studies were carried out (including review o f the Survey Department, records storage and management, statistical review o f parcels o f land subject to conveyancing in Accra and Kumasi, and urban land administration). Large scale photo-maps were produced for Accra and Kumasi. About 87,000 properties were re-evaluated in Kumasi, Tamale, and Sekondi-Takoradi and about 1,200 land titles were issued in Accra and Kumasi. The Urban V Project includes a $0.55 mi l l ion mapping component for producing digital and hard copy base maps for 25 towns and for building capacity in the Survey Department and regional survey offices and the 23 District Assemblies involved.
In his inaugural speech in 2001, the President o f the Republic o f Ghana mentioned facilitating access to land for economic development as one o f the thrusts o f his administration. GOG has subsequently promised to return the administration and management o f vested lands to i t s allodial owners and pay outstanding compensation which has been the source o f discontent among affected customary land
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owners. GOG formed a Land Sector Technical Committee comprising representatives f rom the land sector agencies that actively participated in the preparation o f the project. All o f the land sector agencies are eager to implement the project and the customary landowners have at various consultative fora declared their support, participation and commitment to the objectives o f the project and their active participation in the implementation o f i t s components.
5. Value added of Bank support in this project:
The value o f the Bank’s involvement would be i t s proven abil ity to integrate technical, institutional and pol icy considerations at both the working level and the higher levels o f Bank/GOG dialogue, and particularly across ministries and agencies and with participating development partners. The Bank has been active in the natural resources sector and has funded a number o f projects covering forestry & wildlife, environment, agriculture and water resources. It has established a strong relationship with the key Government agencies, the Ministries o f Lands and Forestry, Food and Agriculture, Finance and Local Government, the Lands Commission, the Survey Department and the Land Valuation Board. It has also funded and aided the development o f land titling and registration projects in many other countries, including CGte d’Ivoire and Thailand. The Bank has considerable experience and comparative advantage in encouraging institutional development, long-term sustainability and ensuring appropriateness o f the investments. In addition, improving the land administration regime to ensure security o f tenure in land for development f u l f i l l s the Bank’s role in enhancing growth and reducing poverty in Ghana.
E. Summary Project Analysis (Detailed assessments are in the project file, see Annex 8)
1. Economic (see Annex 4): 0 Cost benefit ‘2 Cost effectiveness 0 Other (specify) The major expected benefits of the Ghana Land Administration Project are:
NPV=US$ million; ERR = 39 % (see Annex 4)
i. Improved land tenure security: The project wil l reduce land security risks o f land grabbing, encroachment, land disputes, and expropriation. Lack o f tenure security has been identif ied as one o f major problems which contributes to poverty and inhibits economic and social development Around 300,000 individual urban land titles and 50 allodial titles wil l be issued. Procedures through which land rights may be swiftly and cheaply recorded and tit led wil l be identified and tested to facilitate mass use o f titling opportunities.
ii. Increased land-related investment: Investments o n land, f rom both domestic and international sources, wil l increase as a result o f increased confidence o f investors towards a more secure, stable and predictable investment environment and improved access to formal financial credit.
iii. Improved efficiency o f land resource use: Formation o f rural land markets and improvements o f urban land market wil l result in a more efficient use o f land resources.
iv. Increased information benefits: Land valuation system, tax collection system, and land use planning system wil l benefit f rom the information provided by an improved land registry and cadastre system, and the information generated f rom the titling process.
v. More sustainable land use behavior: A secure land tenure environment may induce a more sustainable resource use behavior because landholders wil l pay more attention to the long-term productivity of their land.
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vi. Improved social process: By adopting decentralized approaches and strengthening community capacity to administer customary land rights, procedures which are more locally operated and accountable wil l be fostered.
vii. Improved poverty focus in the land administration sector: Through ensuring that the needs o f poorer members o f the community and those disadvantaged by discriminatory practices or conditions are attended to in building improved systems, the project wi l l enhance the poverty focus o f land administration development.
Data and methodology: The data used for the economic analysis i s the 1998-99 Ghana Living Standard Survey (GLSS), conducted by the Ghana Statistical Service which covered neatly 6,000 households f rom a l l 10 administrative regions o f the nation. Based on the GLSS household and plot-level data, linear regression was used to analyze the effect o f titling on land prices and to estimate the economic rate o f return (ERR) to the investment in the project. Land prices are used as a proxy for economic value o f land to calculate the ERR under the assumption that a l l titling benefits will eventually be reflected in land price changes, i.e., the change in land prices captures the net effect o f a l l the benefits o f land titling, other factors held constant. Factors besides land tit le do affect land prices and should be controlled in order to have a meaningful analysis. The fol lowing household and plot characteristics were controlled: per capita income, education, age and gender of household’s economic head, whether the plot planted tree crops or not, ecological zone of the plot (Le., costal, forest, savanna), location o f the plot @e., Accra, other urban, rural coastal, rural forest, and rural savanna). Regional dummies were also added to control the difference among the 10 administrative regions. The total plot sample size used in the econometric analysis was 3,405.
Results: The overall economic rate of return o f holding a land tit le i s estimated as 39 percent, and the coefficient o f t i t le i s statistically significant at 99 percent confidence level and the result i s robust to different specifications. This means that the value o f a plot with a tit le wi l l be 39 percent higher than that o f a plot without a title, holding other factors constant. Findings f rom studies conducted by the Bank in other countries with similar projects give additional confidence to this result. For example, in the case o f Indonesia, where the first phase of a long-term land administration program was completed, the ERR was about 33 percent. In Thailand, where a Wor ld Bank-assisted 16-year land titling program was successfully completed, the ERR ranged 30-34 percent. Increase in the value o f holdings i s not only important for investors but also for the majority of households whose only capital asset i s their land.
2. Financial (see Annex 4 and Annex 5): NPV=US$7.42 mill ion; FRR = 17 % (see Annex 4) Financial Analysis
The purpose o f conducting a financial analysis i s to assess whether the net financial benefits expected f rom the project are attractive enough. There are two key project participants, Le., the landholders and the Government. As in many other countries, two considerations motivate landholders to obtain land titles: (a) to improve land ownership security that provides peace o f mind, increases marketability and value o f the property; and (b) to enable access to a cheaper as wel l as a larger amount o f credit f rom formal financial institutions by using secure titles as collateral. As a result o f an improved land tenure security and improved accessibility to formal credit, the landholders wil l increase the investment in land and hence increase the productivity and income. Under the normal situation where titles are issued upon request by landholders (Le., sporadic registration which requires landholders to pay the full cost), the landholders who request a titling service do so with the expectation that the financial return f rom
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acquiring the tit le would be higher than the cost o f the title.
In most cases, land titling projects adopt a so-called systematic adjudication method to undertake land tilting in large volumes. T o ensure a high participation o f landholders o n a voluntary basis, the cost o f land titling has been kept at a level significantly lower than the cost o f producing a tit le. The affordability o f the poorest landholders i s one major criteria o f setting an appropriate registration fee For example, in the case o f Thailand, landholders are charged less than US$5 per title, compared to the actual cost o f US$36 per title. In the case o f Indonesia, landholders are charged about US$2 per tit le while the actual cost i s around US$26. The difference between the actual titling cost and the fee charged to landholders i s the subsidy f rom the Government. Usually, the subsidy i s recovered by charging economic registration and other fees o n subsequent land transactions. This arrangement has worked wel l in many countries.
It i s expected that a similar arrangement would be introduced in Ghana. Current estimates show that the real cost per t i t le i s around US$35. Based on the estimated costs o f titling related components and the total number titles that wil l be issued under the project, the average cost per t i t le i s about US$28.30. However, this average cost does not include the Government’s future management costs associated with each title. T o calculate the actual cost o f each title, i t i s assumed that (i) government wil l spend about three percent o f the current cost each year after the project implementation period to ensure each tit le i s s t i l l val id and (ii) the discount rate i s 10 percent. Based o n these two assumptions, the actual total cost o f each tit le i s 28.3+(28.3x 0.02)/0.1=34.96. Based on this estimate and given that the proposed 300,000 titles to be issued by the project wi l l be concentrated in urban areas, a fee about US$lO per tit le would be reasonable. There are indications that the current actual cost o f sporadic titling can be as much as US$300 per parcel.
Financial benefits and costs for the Government: The Government wil l receive incremental revenues ( financial benefits) f rom the fol lowing sources:
i. ini t ia l registration fee ( U S 1 0 per title); ii. derivative registration fee (Le., administrative fees collected by land commission, land valuation
board, land registration services, and surveying department, etc.). Based on information supplied by the Government, the total amount o f different fees for sporadic registration accounts for two and ha l f percent o f the land value;
111. stamp tax (to land buyer) o f two percent o f the land value; and iv. capital gains tax (to land seller) which i s 10 percent o f amount o f value increased The economic
analysis o f the project shows that nationwide, land values wil l increase by about 40 percent due to land titling, and given that urban area wil l generally enjoy a higher return rate than the national average, i t i s assumed that urban land values would increase by about 50 percent in urban areas.
...
Thefinancial costs to the Government, in principle, should be the project costs (excluding the grant f rom different donors such as DFID, GTZ and CIDA) and the Government’s future management costs for maintaining the benefits o f titling beyond the end o f the project (two percent o f total project costs). However, given the proposed project i s the first phase o f a long-term program with a focus o n institutional building, many project activities wi l l either be not directly related to titling or have benefits beyond the narrow confines o f the project. For example, US$6 mi l l ion (under the KfW soft loan) wil l be invested in office buildings, class rooms and laboratories that wil l benefit both non-project areas as wel l as subsequent projects o f the long-term program. The same logic can be applied to the activities o f land use planning ( U S 7 m i l l i on soft loan f rom Nordic Development Fund) as wel l as activities o f strengthening land administration systems (USS8.6 mill ion, under the IDA credit). Costs o f these activities should be either omitted or prorated according to certain criteria. Based on the nature of the
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different investment, i t was decided to include the fol lowing costs in the financial analysis: 100 percent o f investment directly related to titling; 50 percent o f the cost o f strengthening administration and management system; 50 percent o f investment related to development o f regulatory framework and pol icy studies; and 33 percent o f the cost o f office construction; and finally, 20 percent o f investment related to land use planning. A sensitivity test shows that, even if al l IDA investment included in the calculation, without changing other assumptions, the FRR i s still 13 percent with NPV of US$3.07 million. The counterpart funding o f GOG which i s 90 percent in the form o f duties and taxes, i s also excluded, because this i s not a real expenditure as i t i s cost to the project, but income for the treasury.
Fiscal Impact:
The analysis shows that the financial rate o f return (FRR) i s about 17 percent and net present value (NPV) i s US$7.42 mi l l ion (at a discount factor 0.1). The fiscal impact o f the proposed project should be
. neutral in the short-run given that less than 15 percent o f the total project cost will be financed by the GOG in the form o f duty and tax exemption. In the long-run, it i s expected that the fiscal impact o f the proposed project wil l be positive as shown by the relatively high FRR. The average land transaction value, turnover rate and in i t ia l registration fee are important parameters o f the financial analysis. A sensitivity analysis was conducted to test the financial robustness o f the proposed project regarding the changes o f these parameters. The resulting FRR ranged f rom 13 percent to 20 percent.
3. Technical: The project will adopt streamlined methods o f cadastral survey, bearing in mind efficiencies and cost savings possible with the use o f a combination o f o ld and new technologies {Global positioning system (GPS), rectified aerial photography, orthomapping, satellite imagery and total station}. Most o f these technologies are known and are already being used by the Survey Department and the private sector. However, shortage o f equipment to expand this work has been a major problem which wil l be addressed by the project. The issuance o f a large number of titles under systematic adjudication creates a large records management problem and many land offices wi l l not be able to cope with i t without computerization. A computerized land records system would be designed and staff trained in i t s operation and management. I t i s important that computerized records and land information system would be legally recognized in Ghana as of f ic ia l records. This wil l be part o f the land administration pol icy reform sought under the project.
4. Institutional: The multiplicity o f public sector agencies in land administration wil l pose significant challenge to project implementation. Reforming and restructuring these agencies and bringing them under one umbrella wi l l be di f f icul t but not insurmountable. Another challenge would be decentralization and creating collaborative modes o f land administration with District Assemblies and land owning traditional authorities as central ministries and agencies are known to desist devolution o f authority t o local levels. Strong commitment and support o f the Minister o f Land and Forestry and senior officials would be crucial to forging ahead with the institutional reform envisaged under the project.
4.1 Executing agencies:
MLF will guide and direct implementation o f the project with a l l the public land sector agencies implementing i t s various components. Other agencies outside MLF participating in the implementation o f the project are the Ministry o f Justice, the House o f Chiefs, the universities, NGOs, professional associations such as Ghana Institute o f Surveyors, and the Ghana Institute o f Planners and private f i r m s , Streamlining the activities o f the public land sector agencies, restructuring and bringing them under one umbrella to provide a one-stop shop for land administration services has been recommended. The details
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o f how to achieve this would be studied and implemented in the first two years o f project implementation. The types o f training required to upgrade the sk i l l s o f the staff o f these agencies as wel l as personnel o f the customary land councils wi l l be identified, using s k i l l gap analysis. An appropriate human resources development and change management plan will be crafted and implemented. The technical assistance required for implementing al l o f the project components has been identified during project preparation and wil l be executed largely with the support o f bilateral donors.
4.2 Project management:
Project Coordination: Because o f i t s breadth and cross-agency involvement, the project’s overall management wi l l be exercised through the Office o f the Chief Director, MLF. A Land Administration Programs Unit (LAPU) has been set-up within this office. The head o f this unit wil l be the Project Coordinator, who wil l be designated to manage the day to day activities o f the project under the guidance o f the Chief Director, MLF. The financial and procurement management capacity o f MLF will be strengthened through setting-up a computerized accounting and financial management system and a Procurement Unit and training staff in i t s operation as wel l as in the Government’s procurement policies and procedures. L A P U has no experience in managing projects. Initially, technical assistance will be provided under the project to support it in project management, procurement, monitoring, implementation o f a human resource development and change management plan as well as the public awareness and information program.
4.3 Procurement issues:
The Wor ld Bank conducted Country Procurement Assessment Reports (CPAR) in 1985 and 1996. A consultant report in 1997 and a Country Portfolio Performance Review (CPPR) in 1998 identified the lack o f a comprehensive legal framework and a uni form and codified procurement procedures and regulations as wel l as weak capacity o f procurement staff as the key problem areas o f public procurement governance in Ghana. A draft Public Procurement A c t was prepared in mid-2001 with assistance under the IDA-financed Public Finance Management Technical Assistance Project and i s awaiting Parliamentary approval. It i s expected that the Ac t will receive Parliamentary approval for the new procurement code to come into effect in 2003. For donor-financed projects, for works and goods contracts below I C B thresholds and for selection o f consultants, most entities fo l low the Bank’s guidelines as the of f ic ia l procurement procedure. Procurement under the project would be the responsibility o f the Finance and Administration Department o f MLF. Procurement capacity in this department i s inadequate. This wi l l be strengthened with the identification and training o f capable and trainable mainstreamed staff in the MLF. This action wil l be a fo l low up o f the recommendation contained in the P A D o f the Northern Savanna Biodiversity Conservation Project to create a procurement unit and staff i t with three officers. T o minimize procurement r isks in the absence o f a national procurement code, the procurement procedures to be followed are outlined in Annex 6 and will be fully described in the Project Implementation Manual (PIM). 4.4 Financial management issues:
A country financial accountability assessment (CFAA) was conducted for Ghana in 2002. I t identified the main accountability issue as: (a) fragmented legal framework and lack o f enforcement o f existing penalties for noncompliance; (b) ineffective and inefficient internal auditing functions; (c) weak human resource capacity because o f poor public sector remuneration; and (d) weak payroll and pension control systems. A financial management capacity assessment was conducted to determine whether the finance unit o f the Ministry o f Lands and Forestry, responsible for the financial management under the project, has adequate and acceptable financial management capability to undertake the assigned tasks.
The unit has an accounting manual approved by the Wor ld Bank, which documents the accounting
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system and reporting requirements under N R M P and the NSBCP. The computerization o f the accounting system has just been completed and tested and in use for the NRMP. This would be modified to incorporate activities to be covered under the Land Administration Project. The present financial management arrangements are considered acceptable since they are capable o f recording correctly a l l transactions undertaken by the project. The system also assures adequacy o f maintenance o f underlying records or support documents which form the basis for the preparation o f regular and reliable financial statements and other similar reports, safeguard the project’s assets, and are subject to auditing arrangements acceptable to IDA. The accounts unit o f MLF i s headed by a qualified accountant, and assisted by four other accounting staff with varying degrees o f accounting qualifications. All the staff have been trained in Wor ld Bank disbursement procedures and performance under the current projects they are servicing i s satisfactory. The internal audit functions will be strengthened and staff given further training, The financial arrangements agreed to safeguard the fiduciary requirements are given in Annex 6 and are reflected in the P IM.
5. Environmental: 5.1 Summarize the steps undertaken for environmental assessment and E M P preparation (including consultation and disclosure) and the significant issues and their treatment emerging from this analysis.
The project i s classified as Category B because it does not pose any major environmental issue. I t would rather provide more secure land tenure arrangements and dynamic land markets, that are conducive to investment in land improvement and better land management techniques, resulting in positive environmental impact. This i s borne out by several land administration projects the Bank has financed in different parts o f the wor ld (e.g., Thailand, Indonesia and Brazil). Transparent and efficient land administration systems and coherent and transparent land management policies have provided incentives for investment in improved long-term land use such as soil conservation and tree crop production in rural areas and investment in environmental infrastructure l ike improved kitchen and bathrooms in urban areas. Project outputs including spatial data such as aerial photographs and cadastral maps have been useful inputs into environmental management. The demarcation o f forest and wi ld l i fe reserves and gazzetment o f globally significant biodiversity areas (GSBAs) i s being carried out by a separate IDA financed Natural Resources Management Project and the GEF-supported Forest Biodiversity and Savanna Biodiversity Protection Projects. The proposed project would complement these projects by titling and registering the holdings o f communities and individuals surrounding the reserves and GSBAs, thus rendering encroachment of these reserves diff icult and facilitating the maintenance and ensuring the sustainability o f their environmental integrity. The production o f maps wil l enable the land use planning agencies to provide more appropriate land use and zoning maps to the communities. Better land information in general wil l help making better informed decisions in a l l areas o f land administration and land management. C iv i l works are envisaged in constructing offices for the public sector land agencies, the Kwame Nkrumah University o f Science and Technology and selected customary land secretariats. N o involuntary acquisition o f land i s foreseen. However, whi le lands belonging to the university and the traditional authorities are free of any squatters, the proposed construction site for headquarters building o f the public sector agencies in Accra i s partially occupied by squatters. In case i t would be necessary for some squatters to be moved from government lands, a resettlement pol icy framework has been prepared by the Borrower, which has agreed that a detailed environmental impact assessment and resettlement and compensation plan satisfactory to the Bank wil l be prepared pr ior to the commencement o f c iv i l works.
5.2 What are the main features of the E M P and are they adequate?
A separate environmental assessment report was submitted by the Borrower prior to project appraisal. The only E M P required would be for the c iv i l works to be carried out under the project. Specific environmental impact assessments wil l be carried out during implementation for the specific sites selected for c iv i l works. A US$lOO,OOO i s earmarked for these assessments and implementing the
Environmental Category: B (Partial Assessment)
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mitigation plans.
EA start-up date: Date o f first EA draft:
Expected date o f f inal draft:
5.3 For Category A and B projects, timeline and status o f EA: Date o f receipt o f f inal draft: 02/05/2003
August, 2001 October, 2002 February 2003
5.4 H o w have stakeholders been consulted at the stage o f (a) environmental screening and (b) draft EA report o n the environmental impacts and proposed environment management plan? Describe mechanisms of consultation that were used and which groups were consulted?
Stakeholders were consulted at various fora during project design and preparation o f the environmental impact assessment. The draft EA was disclosed and discussed at a workshop to which environmental NGOs, bilateral donors and the public at large were invited to and participated.
5.5 What mechanisms have been established to monitor and evaluate the impact o f the project o n the environment? D o the indicators reflect the objectives and results o f the EMP?
Overall responsibility for the implementation o f the EA and RPF i s with the Ministry o f Lands and Forestry. However, the Environmental Protection Agency (EPA) would take responsibility for compliance monitoring o f guidelines related to environmental safeguards, particularly those related to construction and rehabilitation works. I t s regional offices in Accra and Kumasi wil l have direct responsibilities for monitoring implementation o f proposals in the EA and ensuring compliance o f standards. The Ministry o f Lands and Forestry, working together with the Ministries o f Finance and Economic Planning, and Manpower Development and Social Welfare, would be responsible for implementation o f recommendations related to resettlement and compensation. I t will ensure that a Resettlement Plan acceptable to the Bank and endorsed by the project-affected persons i s prepared and implemented prior to commencement of any construction or rehabilitation work.
6. Social: 6.1 Summarize key social issues relevant to the project objectives, and specify the project's social development outcomes.
As a prelude to project preparation, a rapid social assessment (RSA) was conducted to identify the key stakeholders and consult with them, with a view to incorporating their issues and concerns in the design o f the project. The R S A undertook a disaggregated analysis o f the stakeholders' interests, the perceived positive and potential negative impacts or risks o f the project, and possible mitigation measures as summarized in a matrix f o rm in Annex 13. The fol lowing are the key social issues identified:
Demand for Project Interventions: The customary trustees o f land and the communitylfamily elders are willing to pursue demarcation o f properties and assist in negotiating and settling boundary disputes, using customary arbitration forms and mechanisms for confl ict resolution. There i s an even stronger demand for the project in the urban and peri-urban areas (Accra, Sekondi-Takoradi, Kumasi and Tamale). This can be attributed to the large number o f disputes associated with multiple sales o f lands, encroachments, and other pressures o n land brought about by rapid urbanization. Customary land authorities also see the Project as an opportunity to discuss and negotiate with the State for the repeal o f perceived oppressive legislation that has contributed to the usurpation o f powers vested in customary forms o f governance. In both urban and rural areas the project i s seen as addressing important social and economic issues,
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Divesting and Compensation. The government’s compulsory acquisitiodvesting o f private lands without any consultation with or approval by customary authorities, non-implementation o f proper resettlement o f displaced persons and continued non-payment o f just compensation have created a strong sense o f injustice meted by the State. The project will assist the State in addressing these issues in a fair, participatory and transparent manner to restore t rust between government, customary authorities and local people. I t i s expected that this will pave the way for a lasting partnership to reform the land administration system.
Legal Reforms: The project proposes to harmonize legislation and regulations with a view to eliminating contradictions, creating measures that wi l l strengthen the land administration o f the country and facilitate implementation o f the project. I t i s expected that these changes wil l create space for greater social and gender equity, whi le being supportive o f vulnerable groups in the context o f access to and security in land.
Building Conjdence and Trust in Government: The need for strengthening trust in the various instances o f land administration has been identified as a necessary condition for attaining project social objectives. At the national level, there i s a need to develop and maintain a high level o f t rust between the various land agencies that wil l be required to operate in an integrated manner within the one-stop-shop concept. At present, there i s l imi ted cooperation and sharing o f information and records among these agencies. In this context, the project will promote a broad-based dialogue, including participatory decision-making, to ensure understanding and acceptance o f the proposed reforms. Trust wil l also have to be reestablished between land owners and the government land administration system where, given the l o w level o f remuneration some staff exhibit rent-seeking tendencies. The shortcomings o f the present land administration system result in cumbersome procedures and delays that frustrate a l l those having to deal with government in registering land transactions. Registering a parcel o f land can easily take up to three years. The Government must not only ensure the integrity of i t s staff involved in land administration, but also ensure timely and affordable land services. The project wil l seek to restore trust in government by facilitating the rationalization o f government land services and making these available to the public in a timely and affordable manner.
Government and Customary Authorities: There i s an urgent need to promote confidence building between Government and customary authorities. Distrust of the manner in which District Assemblies uti l ize revenues generated by stool and skin lands appears strong, especially in the rural areas. Customary authorities lament the apparent lack o f rationality by which development projects and activities are selected, and the lack o f proper consultation in disbursing revenues generated f rom stool and skin lands, T o attain confidence building and t rust the project wil l strengthen and/or develop appropriate legal, institutional and pol icy linkages between the government land administration system and customary authorities that o w n 80 percent o f the land in Ghana. At the same time the project wi l l foster systems which increase accountability o f traditional authorities to their constituent land holders. The project wi l l encourage representation of customary authorities in government land administration decision-making at the district level. Additionally, the project wi l l promote mutual recognition o f and deference to respective authorities and powers (government and customary authorities) through participatory institutional mechanisms at the national and district levels in a complimentary and non-competitive manner.
Conjdence-Building at the Local Level: Within customary areas, undeveloped land has been sold and leased by powerful authorities, who collude with developers and construct buildings without proper permits and consultation with the relevant communities. In the areas o f the country where families are administering lands directly, some family members forge signatures and thumbprints to se l l rights to land illegally, creating indiscipline in the land market. The social benefits o f the proposed confidence-building activities will include greater willingness on the part o f the public to participate in rational urban
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development, greater stability and clarity in the land market and a reduction in rent-seeking behavior and predatory land sales. Lack o f confidence in the land adjudication and judic ia l systems to swiftly resolve land disputes i s prompting some o f the landowners and lessees to hire guards to protect their lands. The project will not only assist demarcating the boundaries o f customary areas through community participation, but wil l strengthen customary land administration to ensure greater accountability and transparency to the members o f the community.
Alternative Land Dispute Resolution (ADR) Mechanisms: The pervasiveness o f distrust and the latent and sometimes open conflict over land highlights the need to encourage the use o f ADR mechanisms which, in many cases, already exist within the customary system. For instance, in the Ashanti region, disputes involv ing demarcation o f boundaries within the Kumasi Customary Area will rarely be brought to court as the Asantehene has directed a l l villages to settle land disputes using customary laws and local community mechanisms. Should a party not be satisfied by the ruling o f the elders o f the community and the customary land authorities, the aggrieved person can appeal to the Asantehene’s court. People can take their case to the formal courts only after exhausting these avenues. The Ashanti model o f a land dispute resolution mechanism using local institutions and the participation o f the community should be encouraged and promoted in other areas, if deemed appropriate. ADR mechanisms will be encouraged and strengthened by the project where they exist. In urban areas, where conflicting claims to land exist and customary dispute resolution i s n o longer functional, alternative mechanisms wil l be modeled in conjunction with project land titling activities. A particularly valuable aspect o f any dispute resolution mechanism i s that it ensure the claims of vulnerable individuals and groups are adequately identified and fully protected. The judiciary wi l l also be encouraging ADR mechanisms when the ADR bill currently before Parliament i s enacted.
Gender Issues: Cultural and traditional factors related to land vary f rom area to area within the country. In some areas women have tended to be marginalized through inheritance customs and practices. Women can generally access land for residential and agricultural purposes. However, land ownership by women i s heavily dependent o n the customary laws exercised by the different ethno-cultural groups. Women right holders may, for example, find it relatively more diff icult than men to assert their rights during the titling process, or to make use of the proposed new registration systems effectively. Rural women-headed households are typically poorer than male-headed households, but frequently have greater access to land than women where the male i s the household head.
Gender studies wil l be conducted in areas representing a l l the prevalent land tenure systems in Ghana to in form formulation o f policies, laws and procedures in registering land rights including those to be conducted at the customary level. These studies, together with experience accumulated in project p i lot area activities, wil l help inform legislative reform and project implementation. Gender-disaggregated project data wil l be collected o n a regular basis, where relevant. An action plan will be developed to sensitize project and partner staff o n gender issues, to ensure greater understanding o f the need for participation o f women in project activities and decision-making. One social development outcome in relation to titling and registration i s ensuring that women’s rights to land are respected, including recording o f the names of both spouses on the tit le of jo in t fami ly properties. Moreover, i t i s expected that women wil l be encouraged to participate and be represented in a meaningful way in staffing and decision-making as these relate to project activities.
Protecting Land Rights of Disadvantaged Groups: W h i l e the project wi l l seek to strengthen land rights and tenure arrangements through improved land administration systems, project activities such as titling and registration may result in loss o f land rights for some people and the unintentional displacement o f some families. Secondary use rights, such as the right o f poor village women to harvest the f ru i t s o f
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certain trees or the right o f the community to use an established path across a property might be extinguished with titling. Tenant and sharecropping arrangements may be terminated immediately before titling, to disencumber the property, or soon afterwards as land prices rise and properties are put on the market. Women may experience more diff iculty in accessing land fol lowing titling, if increased land values lead to higher value land uses controlled by men. Local village youth, especially those from poor families, have a direct stake in decisions on land but may not be consulted. The poor and vulnerable are most l ikely to lose rights through this process. Some families that are strangers or migrants in the community may be displaced altogether. In recognition o f this possibility, the project will carefully document the situation o f secondary rights to land through baseline studies and encourage local communities to develop mechanisms to address these issues in a fair and transparent manner. Where these mechanisms prove inadequate, the project will undertake remedial action to assist poor families that have a legitimate c la im to land.
Resettlement: As a result o f the institutional restructuring o f government land services, the projects will undertake some civic works on Government owned land. A Resettlement Policy Framework has been prepared which lays out the W o r l d Bank’s principles and procedures for ensuring that adversely affected people are compensated adequately, and their livelihoods restored at least to pre-project levels. In cases where resettlement wil l be occurring, a site specific socioeconomic survey and analysis by a team o f social scientists (a social development specialist and an economist) will be conducted to inform sufficiently the development o f the resettlement plans, that wi l l be implemented pr ior to the commencement o f any project activities that trigger resettlement. These plans will develop concrete, time-bound benchmarks and measurable indicators, which wi l l facilitate the effective monitoring o f these resettlement activities and to ensure timely and adequate compensation. The GoG budget allocation wi l l take into account the eventuality o f any resettlement.
Indigenous Minorities: The case o f indigenous minorities does not arise in Ghana because there i s n o polit ical dominant group marginalizing others, n o dominant languages silencing minority languages, no tradition o f the civil ized versus the uncivil ized or autochthones and simple peoples. Although ethnic groups in Ghana do involve different size populations no one i s excluded form sharing equal rights as a citizen. There i s a mult ip l ic i ty o f ethnic traditions and customary land laws adjudicating land and governing i t s use. These customary land laws have legal status in the formal court system. They are practiced without challenge to their local legitimacy and are recognized where land disputes are appealed beyond local areas. The project proposes to build on and strengthen customary land laws and governance which have to-date not differentiated between majorities and minorities. Therefore, preparing mitigation plans for indigenous minorities does not arise.
6.2 Participatory Approach: H o w are key stakeholders participating in the project?
The project requires a high level o f participation by relevant stakeholders in planning, implementation, monitoring and evaluation, including decision-making at a l l stages, in order to be effective and sustainable. In recognition o f this the project design had adopted a participatory approach. A stakeholder analysis was conducted as part o f project preparation (Annex 13). Principal stakeholders include land owners and users, various government ministries and agencies, customary authorities, land research institutions, c iv i l society and NGOs, the private sector and the general public.
The l o w level o f knowledge about the National Land Policy among the general public, including government agency staff, implies the need to design and implement an accelerated information and education campaign among government, customary authorities and the general public. A well-informed bureaucracy and the general constituency wil l always be in a better position to assert and enforce rules, and support attainment of commonly shared objectives. The project has developed a communication strategy to promote community outreach and participation, covering al l project activities f rom land pol icy
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formulation and legal and institutional reform, to land titling and strengthening o f customary land administration systems. This outreach strategy wil l have the dual function o f providing necessary information regarding the project and related issues to permit meaningful participation by stakeholders, and o f ensuring that opportunities exist for effective participation, including the incorporation o f feedback into project planning o n an iterative basis.
At each stage o f surveying and adjudicating land parcels, the community or the parties directly involved, together with customary authorities, wi l l actively participate in the process. This will be carried out to guarantee transparency and ensure that marginalized individuals or groups are not discriminated against. Demarcation and titling wil l only proceed once ownership has been clearly established, secondary or derivative claims to land dealt with and any boundary disputes settled. Transparent dispute resolution mechanisms, designed to protect the interest o f poor and vulnerable claimants, wil l be developed or local customary systems adapted to resolve outstanding disputes. Beneficiary and impact assessment wil l adopt methodologies to ensure that representative members o f project communities are heard and that any excluded groups are identified for remedial action.
6.3 H o w does the project involve consultations or collaboration with NGOs or other c i v i l society organizations?
NGOs and other c i v i l society groups have increasingly championed measures to protect and enhance capacities o f local groups to o w n and use land for development. A number o f these groups were identified during the stakeholder analysis and wil l be incorporated into project implementation. These include the House o f Chiefs, the Land Tenure Center o f the Kwame Nkrumah University o f Science and Technology, the L a w School at the University o f Ghana, the Ghana Bar Association, Associations o f Land Valuers, Chartered Surveyors and Planners as wel l as NGOs in the land sector and women associations. NGOs will play a key role in implementing the project’s communication strategy. They wil l be contracted to build the capacity o f communities and ensure that participatory techniques are used in project implementation. They wil l assist in mobil izing communities to engage in pol icy and legal reform dialogues and debates and become proactive in mapping, registering and titling o f land. Where conflicts over disputed land occur, qualified NGOs and c i v i l society organizations wil l play a key role in developing and encouraging the use o f effective dispute resolution mechanisms acceptable to local communities.
Research institutions, c i v i l society organizations and NGOs will be contracted to conduct studies and analyses to better understand the many social dimensions and local nuances o f land issues. Gender analysis, for instance, wi l l in form how the project wil l take into account the rights o f women to land and benefits f rom land. NGOs will also be involved in ensuring that the process o f monitoring, evaluation and impact assessment i s participatory by building the capacity o f communities to become actively involved in these project activities. The project wi l l also provide assistance to strengthen land secretariats o f the traditional councils and the land sector professional associations to enable them play their roles effectively.
6.4 What institutional arrangements have been provided to ensure the project achieves i t s social development outcomes?
The project wil l recruit a social development expert as core staff o f L A P U to ensure that implementation o f a l l activities to attain i t s social development objectives are appropriately designed and implemented, and that studies are conducted to provide feedback o n the social impacts o f the project. As indicated earlier, NGOs will participate actively in the program to inform, educate and assist communities on the debates o n land policy, legislative and institutional reforms, and the process o f land adjudication and tit le registration. Their involvement should ensure that no social or income groups are excluded f rom their rights to receive titles to land and that good governance prevails in land administration. Considering the
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possible biases against women and migrant tenants, i t i s strongly recommended that the project’s institutional design for delivery at the community level ensure the representation o f these various groups in relevant working committees to be formed during the implementation o f the project, to give them access to policy, legislative and decision-making processes which will affect their lives.
The most difficult challenge to the Project s t i l l lies in how the structural arrangements and the processes can be designed to allow transformation among government land agencies, the local government authorities, and members o f the legislative and judicial branches o f government. The objectives o f harmonizing statutory with customary laws, decentralizing land administration and services delivery up to the community levels, and community participation in decision making, evidently require a major paradigm shift among those who are currently holding power positions by virtue o f their legal authority to decide on land issues. The jo in t management (allodial owners and government authorities) concept in land administration will work only to the extent that these institutions accept, prepare and commit themselves to the full realization o f the Land Administration Project’s empowerment objectives. The project would strive to promote such a commitment among a l l the stakeholders.
6.5 H o w will the project monitor performance in terms o f social development outcomes?
The project wil l include social scientists in implementation o f activities to ensure the systematic collection o f relevant data and their refinement, as necessary, o f the social developments indicators specified in the project logframe. It i s envisaged that annual independent supervision and monitoring activities wil l be undertaken to monitor and measure project performance in terms o f social development outcomes. A number o f social process and output monitoring indicators have been identified, including: the level o f participation o f a l l stakeholders, including vulnerable groups; the number o f land disputes and the proportion resolved through community-based dispute resolution mechanisms; the number o f land titles issued to women and other vulnerable groups; proportion o f women making claims to land and securing land title; the percentage o f female staff at the management and technical level within project activities and in land administration agencies; increased understanding and appreciation o f land related gender issue, etc. Additional performance monitoring mechanisms and indicators wil l be developed to take into account the nuances o f the desired social development outcomes in the course o f project implementation. The consolidated government land administration agencies wi l l be assisted in developing effective data gathering and information management capacity, and encouraged to build the collection o f relevant social indicators, as they relate to land, into regular information collection and analysis activities.
Environmental Assessment (OP 4.01, BP 4.01, GP 4.01) Natural Habitats (OP 4.04, BP 4.04, GP 4.04)
7. Safeguard Policies:
Yes (3 N o C: Yes 0 NO
Pest Management (OP 4.09) Cultural Propertv (OPN 11.03)
[--For%y (OP 4.36, GP 4.36) L’ Yes No C! Yes 0 NO
Cl Yes 0 NO
Indigenous Peoples (OD 4.20) Involuntary Resettlement (OP/BP 4.1 2)
CI Yes NO
Yes C; NO
Safety o f Dams (OP 4.37, BP 4.37) Projects in International Waters (OP 7.50, BP 7.50, GP 7.50)
‘3 Yes NO
0 Yes 0 NO
I Projects in Disputed Areas (OP 7.60, BP 7.60, GP 7.60)* I 0 Yes 0 NO I
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7.2 Describe provisions made by the project to ensure compliance with applicable safeguard policies.
The project has been designed to ensure compliance with the Bank’s applicable safeguard policies. Contracts for construction o f office buildings and training facilities wi l l be subject to environmental impact assessment. Provision has been made in the project costs for such an assessment. Although c iv i l works wil l be carried out on vacant lands owned by the government, universities and customary land councils, it wil l comply with the resettlement policy framework prepared for the project. The pi lot allodial boundary demarcation and systematic land titling activities wil l not involve areas o f potential environmental significance. Institutional arrangement wi l l be made with the Ghana Environmental Protection Agency for ensuring compliance o f project activities with i t s guidelines and staff designated and trained to guide and monitor for environmental and social safeguards.
8. Business Policies 8.1 Check applicable items: Financing o f recurrent costs (OMS 10.02) Cost sharing above country 3-yr average /OP 6.30. BP 6.30, GP 6.30) Retroactive financing above normal limit JOP 12.10. BP 12.10. GP 12.10) Financial management [OP 10.02, BP 10.02) Involvement o f NGOs /GP 14.70)
8.2 For business policies checked above, describe issue(s) involved.
F. Sustainability and Risks 1. Sustainability:
The main risk for the sustainability o f the policy, legislative and institutional reforms envisaged in the project i s the polit ical wil l to carry them out to their completion. Another risk would be the willingness of government officials in the public sector land agencies as we l l as traditional councils and their leadership to adopt the institutional and governance reforms engendered in the project. The current government has shown i t s strong commitment to reforming the land administration system in Ghana. It has decided to return vested lands to the traditional owners and settle outstanding land compensation claims as a confidence building measure o f i t s seriousness and commitment. This wil l win the support o f the paramount chiefs in harmonizing statutory land laws with customary laws and instituting an accountable system o f titling and registering interests in land and arranging for their smooth transfer through inheritance, gifting and the land market. Nonetheless, land administration reform i s o f necessity a long-term program that wil l need to have continued relevance and pr ior i ty spanning over several administrations, thus demanding their continued commitment and support. The paramount and lesser chiefs who were consulted during project preparation exhibited a high degree o f support for the project as explained in Section 6 above. Implementation o f the project’s communication strategy will promote the awareness o f these stakeholders and heighten their commitment to these reforms.
Although the increased efficiency arising out o f the land administration reform wil l reduce costs as wel l as the land disputes clogging the courts, and the project i s expected to increase revenues derived f rom service fees, land rent and land taxation by the national and local authorities, financial sustainability would not be a short-term goal. A more important consideration would be to price land administration services at a level that wil l not discourage documenting land transactions through of f ic ia l channels, Once a critical mass o f titles have been registered, subsequent derivative transactions wi l l generate the revenue that in the long-term wi l l make land titling self-financing. A public awareness campaign wil l be waged,
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with community and NGO participation, to educate the populace o n the social and economic advantages o f land tit le registration to pave the way for systematic land titling in areas where it i s deemed suitable. A study wil l be undertaken to develop appropriate tax and fees on land transactions and services, taking into account their impact on people’s decisions to use formal channels to ascertain their interests in land.
The systematization and decentralization o f land administration services, involving customary land owners and their land secretariats, the participation o f the community in alternative land dispute mechanisms and the establishment o f land courts will, in the f i rst place, reduce land disputes. It will enable speedy resolution o f those that wil l arise, bringing decision making on land issues closer to the communities and giving them a high degree o f ownership and enhancing sustainability o f the system, Finally, the institutional reform and capacity building activities o f the project wi l l lay the foundation for continued sustainability o f subsequent land administration reform programs.
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2. Critical Risks (reflecting the failure o f critical assumptions found in the fourth column o f Annex 1):
M
S
M
S
Risk From Outputs to Objective 1. Sustained polit ical commitment to a long-term participatory land administration reform program, including customary land authorities, c iv i l society and the private sector.
Public and c iv i l society awareness and debate on socioeconomic impact o f lack o f polit ical commitment and government inaction wil l be promoted through the communication strategy o f the project. The House o f Chiefs, c iv i l society and the private sector will be encouraged and supported to play an active role in the land administration program. Public participation and awareness programs will be conducted to facilitate broad-based understanding o f the legislative and institutional reforms will be sought. C iv i l society and the House o f Chiefs will be actively involved in the land administration program
Donors are keen that poverty reduction, decentralization and improved governance remain priority issues and wil l ascertain it through the implementation o f projects under the CDF.
2. Legislation mandating pol icy reform, including restructuring o f public land agencies i s passed.
3. GOG will continue to support participatory land administration by traditional authorities and the private sector 4.Governance improves to effect administrative and fiscal decentralization and check corruption
From Components to Outputs 1, Land owners and users willing to participate in policy, legislative and institutional reforms and accept measures undertaken as a result o f the reforms. 2. Public land management institutions and traditional authorities wil l collaborate effectively
3. District Assemblies and traditional authorities are willing to develop capacity for land administration and land owners and users are willing to participate in the land titling and registration process.
4. Public land administration agencies accept institutional reform and cooperate effectively to make i t work.
Overall Risk Rating
Risk
Risk Ratina I Risk Mitiaation Measure
M
S
M
M
Public participation and awareness programs wil l be conducted to facilitate broad-based understanding o f the legislative reforms sought
Participation o f stakeholders wi l l be included in the design o f the policy, legal and institutional reforms and training o f key personnel and traditional leadership in land administration to facilitate such collaboration. Stakeholder analysis and consultations and awareness creation wil l be conducted and staff o f land secretariats o f customary authorities wil l be trained and provided with logistics. Special emphasis wil l be given to ensuring that titling processes are community driven and managed. Land administration agencies wil l participate ir the reforms envisaged and their staff trained in change management and s k i l l s required for reorienting their work.
S I
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3. Possible Controversial Aspects:
G. Main Loan Conditions 1. Effectiveness Condition
i. Parliamentary Approval o f the Development Credit Agreement (DCA). ii. Attorney General's Legal Opinion certifying that the DCA has been duly executed and ratified and i s
legally binding o n the Borrower.
2. Other [classify according to covenant types used in the Legal Agreements.]
Disbursement Conditions
i. For categories (1)-(4) o f expenditures: the in i t ia l deposit o f US $50,000 equivalent paid into the project account;
ii. For the allodial demarcation subcomponent: (i) the Lands Policy Steering Committee has been established, and (ii) an assessment i s made o f the current land administration services provided by customary land authorities through interviews with those who have used their services; and
iii. For the land titling subcomponent: recommendations o f the studies o n rights and interests in land and registration o f land t i t les have been taken into account, and there are assurances, satisfactory to IDA, with respect to the continuing validity o f customary freeholds and other traditional allocations o f land.
3. Other Conditions to be included
i. Recruiting a sociologist and a communication specialist n o later than six months after credit effectiveness;
ii. Preparing an institutional reform study no later than December 3 1, 2004; iii. Cabinet approval o f the draft legislation for restructuring o f the land administration agencies no later
than December 3 1,2005; and iv. Mid-term review 2 years after effectiveness.
H. Readiness for Implementation 1. a) The engineering design documents for the first year's activities are complete and ready for the
start o f project implementation. 1 1. b) N o t applicable.
2. The procurement documents for the first year's activities are complete and ready for the start o f project implementation.
quality. 8 3. The Project Implementation Plan has been appraised and found to be realistic and o f satisfactory
4. The following items are lacking and are discussed under loan conditions (Section G):
0 Interpretation o f an article o f the 1992 Constitution affects the land titling subcomponent o f the project. The Borrower was requested to provide an of f ic ia l clarification o f this issue at appraisal. Progress had been made and a roundtable discussion of prominent jurists and lawyers with the Ministers
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o f Land and Forestry and the Attorney General was organized, but fai led to materialize because o f a Cabinet reshuffle. This requirement i s now made a condition o f disbursement under the t i t l ing subcomponent.
0 The procurement plan for the f i rs t two years has been prepared and included in the P IM. Bidding documents for the project’s in i t ia l procurement are being prepared and wou ld be completed pr ior to Board presentation, but this i s not made a condition for Board Presentation.
T o the credit o f the Project, the Land Sector Technical Committee, one o f the oversight committees o f the project has been constituted and has started meeting to guide and monitor project pre-implementation activities financed by the PPF, the Project Coordinator has been designated, and the Project Financial Controller i s in place and already managing two other IDA and GEF financed projects within the Ministry o f Lands and Forestry.
I. Compliance with Bank Policies
c! 2. The fol lowing exceptions to Bank policies are recommended for approval. The project complies 1. This project complies with a l l applicable Bank policies.
with a l l other applicable Bank policies.
Team Leader Sector Manager Country Director
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Annex 1: Project Design Summary GHANA: Land Administration Project
MLF monitoring reports
Economic and social growth Increase in household incomes GLSS reports enhanced and poverty reduced and reduction in poverty in
GOG will continue to support participatory land administration, including customary land authorities, c i v i l society and the private sector.
by improved access to land and enhanced land tenure security. Role o f c i v i l society and private sector expanded.
Governance improved.
p i lo t areas.
Number o f traditional councils, NGOs, academia and private sector participating directly o r indirectly in land administration services.
- Corruption in land administration reduced. - Roles o f central and local governments in land administration clarified. - Chiefs and other traditional land authorities adopting more participatory procedures. - Customary land administration systems playing larger role in land administration. - Transparency checks and balances and participatory procedures adopted by traditional land authorities.
- Sustainable land use planning and management practices developed.
GOG retains poverty alleviation as a key priori ty and commitment to land administration reform.
MLF, Head o f Civil Service & Ministry o f local government reports, media reports, M&E survey reports, land information systems.
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I Project Development I Outcome / Impact I Project reports: I (from Objective to Goal) ' Objective: Sustainable land administration system that i s fair, efficient, cost effective, ' decentralized and increasing land tenure security is
~ developed and fil ly ' functioning.
I
Indicators: - Turn around time and transaction cost o f processing land administration services reduced. - Land lit igation cases decreased in courts o f p i lo t areas. - Land transaction revenues to local and central government increased. - Loan and mortgage financing secured by land titles in p i lo t areas increased. - Investment in the property sector increased. - Land titles registered by women increased.
- Project monitoring and evaluation (M&E) reports; - Socioeconomic impact studies.
- Land owners and users willing to participate in policy, legislative and institutional reforms and accept measures undertaken as a result o f the reforms. - Laws mandating land agencies reform are passed. - Public land management institutions and traditional authorities will collaborate effectively. - Government wil l resource courts to expedite settlement o f land cases.
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htput from each :omponent: :omponent 1. Land policies nd regulatory framework evised and harmonized with ustomary land laws.
Zomponent 2. 'ublic land sector agencies eformed and developed.
Output Indicators:
1.1 Reports on pol icy and legislative reviews completed and codified revised land legislation drafted and approved by Ministerial Cabinet. 1.2. Backlog o f land cases reduced f rom 35,000. 1.3. Pol icy on land compensation developed. 1.4 Lands forcibly acquired by the State for which Compensation has not been paid identif ied and compensation levels determined. 1.5 legally conclusive confirmation o f the continued validity o f customary freehold and other customary titles. 1.6. Studies completed and recommendations adopted on: a. what rights will be registered o n land titles; b. divestiture o f vested lands; c. finance and fee structures in land administration; d. gender analysis o f land rights and administration; e. assessment o f current land administration services provided by customary land authorities. 2.1 Report o f study o n comprehensive organization, management and operations o f public land sector agencies completed and recommendations implemented. 2.2 one-stop-shop centers established in at least three regions and functioning. 2.3 50 customary land secretariats established and strengthened through physical and technical assistance, with more effective and inclusive administrative procedures. 2.4 At least ten NGOs actively
'roject reports:
'roject reports, evised land pol icy paper, lraft land legislation.
Zourt records, ro jec t M&E reports.
Project (M&E) reports.
Socioeconomic impact :valuation reports.
From Outputs to Objective)
iustained polit ical :ommitment to the land Idministration reform program 'y successive administrations.
. Public land administration agencies accept institutional :eform and decentralization and cooperate effectively to nake it work. . Legislation mandating ?ol icy reform, including restructuring o f publ ic land igencies is passed. . Public land management institutions and traditional authorities will collaborate :ffectively. - GOG will continue to support participatory land idministration by xaditional authorities and the
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Component 3. Procedures, processes and information system for deeds/ land tit le registration and land valuation improved and tested in p i l o t allodial boundary demarcation and land tit le registration sub-projects
Component 4. Project implementation by various agencies well coordinated and project activities monitored and their socioeconomic and environmental impacts assessed and evaluated.
The long-term land
'roject (M&E) reports.
involving in promoting improved local level land administration. 2.5 Private land sector institutions deliver land administration services more efficiently. 2.6 Land administration training and research institutions supported through provision o f classroom, laboratory and office buildings and equipment. 2.7 Quality o f land sector education enhanced. 2.8 Increased research on land tenure and land administration with linkages to practice established. 3.1 Cadastre and land information system designed and implemented. 3.2 Deed and tit le registration procedures and data storage and retrieval systems improved. 3.3 digital and hard copy maps prepared for customary land boundary demarcations, systematic land titling and land use planning. 3.4 simplif ied land information, registration and mapping procedures developed to improve accessibility in rural areas. 3.5 Altemative land valuation and land fees collection designed and implemented. 3.6 50 p i lo t allodial land boundaries demarcated and registered. 3.7 300,000 land titles adjudicated and registered.
4.1 Project coordination and management carried out effectively.
4.2 Ski l l gap analysis conducted and master human resources development p lan prepared and implemented.
jocioeconomic impact :valuation reports.
J ient satisfaction surveys.
ncrease in land fees collected.
mplementation assistance nission reports.
'roject (M&E) reports.
Zlient surveys.
lrivate sector. District Assemblies and
raditional authorities are villing to develop capacity for and use planning and land .dministration and land iwners and users are eager to iarticipate in the land titling .nd registration processes.
Governance improves to iffect administrative and fiscal lecentralization and check :omuption.
Surveys and maps required 'or land titling and registration w i l l be produced in real time.
Distr ict Assemblies and raditional authorities are willing to develop capacity for and administration and land Iwners and users are eager to )articipate in the land titling md registration process.
. PPMED, LMF and the Land 4dministration Program Unit Staffed with competent xofessionals. . Civil society and the private jector willing to participate in .mpact evaluation assessment ind studies and public iwareness campaign.
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idministration program lefined o n the basis o f the :xperience gained and the essons learnt and a Phase I1 Iroject prepared and ipproved.
4.3 A communication strategy to sensitize, educate and invite the public to participate in discussion o f land pol icy issues, in designing and implementing allodial land boundary demarcation and land titling and registration and in setting-up alternative land dispute resolution mechanisms, developed and implemented.
4.4 Monitoring and progress reports produced quarterly.
4.5 Number o f beneficiary assessment and impact evaluation reports.
4.6 Phase I1 project designed and proposal prepared and approved by MLF.
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'roject Components I ju b-components: Zomponent 1 : Harmonizing 2and Policy and Regulatory jramework for Sustainable and Administration. 1. Revisions o f laws and ,egulations for an effective ind efficient land idministration. ). Expediting settlement o f and cases in the courts and leveloping alternative land lispute resolution nechanisms. ;. Inventory o f a l l acquired State lands and determination i f outstanding compensation. i. Policy studies: . Land tenure registration: to Formulate government pol icy in what rights will be eegistered on land titles; i. Divestiture o f vested lands; .ii. Finance and fees structure 3 f land administration system ;o formulate government policies on fees and taxes for registration o f land transactions; iv. Gender study and analysis on land rights and land administration; v. Assessment o f current land administration services provided by customary land authorities; Component 2: Institutional Reform and Development a. Institutional reform. b. Decentralizing and strengthening land Administration services. c. Strengthening customary land secretariats. d. Strengthening the private land sector institutions. e. Strengthening Land Administration and Management Training Institutions. Component 3: Improving
iputs: (budget for each omponent) JS$l, 16 mil l ion.
JS$29.22 mil l ion.
US$16.30 m i l l i on
roject reports:
:mi-annual supervision :ports.
I id-term review report.
nplementation completion :port.
1
rom Components to utputs)
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Land Titling, Registration , Valuation and Information Systems a. Establishment o f deeds registry b. Delineation and registration o f allodial rights c. Pilot systematic land titling and registration d. Mapping, land use planning and management support for land administration e. Establishment of Model Land Titling and Registration Offices
Component 4: Project Management, Monitoring and Evaluation a. Project coordination and management b. Human Resources Development c. Communication strategy d.Monitoring and evaluation and impact assessment
JS7.51 mil l ion
- 4 1 -
Annex 2: Detailed Project Description GHANA: Land Administration Project
The amounts below include contingencies. By Component:
Project Component 1 - US$1.16 million Harmonizing L a n d Policy and Regulatory Framework for Sustainable Land Administration Subcomponent 1.1 Revisions Of Laws And Regulations For An Effective And Efficient Land Administration: All land related policies, laws and regulations would be reviewed with the view o f formulating appropriate policies that would facilitate GoG’s objectives for the land administration program and eliminating f rom the statute books those that are redundant, obsolete and inconsistent with new pol icy directions. The studies would also seek to modify, amalgamate andor streamline the fundamental laws for land administration and reviewing the law concerning compulsory acquisition o f land by govemment. The process o f harmonizing customary and statutory land laws would begin. The National Land Policy was inaugurated in June 1999 after considerable discussion by the different stakeholders. The current administration believes that i t does not go far enough to serve as a basis to reform land administration in practice and has begun revising it by adding new initiatives such as the pol icy o f returning vested land to the customary owners and paying compensation o n outstanding claims o n lands acquired by the State (See GoG’s Land Policy Statement in Annex 13). There i s also a need to re-examine the pol icy in the light o f the legal review to be conducted. Draf t land policies and legislation required for legal and institutional reforms would be widely disseminated and debated among the public before submission to Cabinet for approval and to Parliament for enactment. The detailed review that needs to be done if the broad objectives o f GoG and those o f LAP-I are to be met includes:
0 0
0 0
0 0
Considering and elaborating policies that are unclear and establishing new policies; Preparing a prioritized l i s t o f land laws and judic ia l decisions for review; Developing new laws where necessary legislation i s lacking; Resolving conflict and overlaps, and redrafting laws so that they are consistent with the Constitution and in harmony with customary practice; Recommending legal and pol icy changes to the Minister, MLF and the Attorney General; and Obtaining Cabinet approval for revised and new policies and legislation.
This review work wi l l be undertaken by a team o f consulting lawyers, l ed by the national legal adviser consultant o f the project, in cooperation with the L a w Reform Commission and the Statute Review Committee and the MLF Minister. I t i s l ikely that these individuals may form a core standing group over the project l i fetime involv ing different personnel and expertise depending upon the issue under examination. This review may need to be undertaken in stages and changes to current legislation identified o n an incremental basis. I t wi l l build upon the findings o f consultations through land pol icy fora at the local and national level, and the findings o f p i lo t experiences and studies o n specific subjects. Policy and legal development will therefore be an on-going activity. Detailed discussion on Ghana’s land policy and land legislation i s contained in W P 1 o f GoG’s project proposal. (Hereinafter, such working papers wil l be referred to as W P followed by their number, e.g. WP2).
The law for reorganization o f land sector institutions would be tabled to Parliament no later than December 3 1, 2005, whi le the laws related to acquisition o f land and land pol icy will involve more public consultation and wil l take more time. The draft o f either a comprehensive new land legislation or a series o f revised land acts would be prepared and tabled before Parliament no later than four years after the date o f credit effectiveness. A suitable legal advisor consultant wi l l be recruited and posted in L A P U
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to follow-up on the implementation o f this component. Specific issues which would be addressed during the project's lifetime include:
Clarification o f the relative weight o f interest in the allodial and customary freehold entitlements; Clarification or revisit o f the constitutional position on customary freehold; provision o f mechanisms through which customary occupants may register their traditional interests (including customary freeholds) without loss o f rights in their conversion to leaseholds and the subordination o f their rights therefore to tenancy o f a lessor; Examination o f ways through which spousal and family co-ownership may be further developed in pol icy and law; Exploration o f ways through which local group occupancy and rights such as in respect o f local forest, woodland, swamps (sacred groves) and other resources may be made registrable entitlements (e.g. commonhold); Legal provision for simple inventory registration where cadastral titling i s not feasible or affordable by rightholders; Clarification and provision of legal instruments through which customary authorities may establish the boundaries o f their land administration jurisdiction without these boundaries necessarily implying landlord status such as currently implied in the allodial entitlement; Re-examination o f procedures for re-vesting land in landowners which enable certain conditions to restitution o f ownership to local landowners, such as reducing the scope for landowners to seek compensation for lands upon which schools, health clinics, roads and other developments o f direct benefit to the landowners have already been constructed; and Development with traditional land authorities o f mechanisms through which land interests held by strangers and tenants may be better protected.
Other pol icy and legal points are expected to arise during the project's lifetime. Among these are issues arising f rom these three pivotal areas:
0 the interface between the customary and non-customary administration sectors with a v iew to providing clear relationships;
0 the role o f local governments (district assemblies) in land administration, in light o f the national commitment to decentralization, and
0 the extent to which customary land administration systems wil l need more specific statutory support.
Subcomponent 1.2 Exueditinp Settlement of Land Cases in Courts And Developing Alternative Land Disuute Resolution Mechanisms: The history o f land boundary disputes in Ghana i s one o f long delays with a growing backlog o f proceedings. The Stool Land Boundary Settlement Commission set up under respective decree and law in 1973 and 1986 was not effective and has been disbanded with responsibility for deliberation o n disputes passed to the judiciary. There are currently about 35,000 land disputes before the courts. The prospect o f early resolution o f these cases i s very low. The project would provide resources to courts in regional capitals to clear this backlog as speedily as possible. Because resolving land disputes through the courts i s a protracted and costly proposition, alternative methods o f resolving them wil l be pursued under the project. Whi le the pi lot land titling areas would be selected on the basis o f general agreement concerning boundaries, some disagreement can be expected when boundaries depicted graphically are transferred to the ground. In such cases, land titling wil l not be done on land parcels or allodial land boundaries until they are mediated and amicably resolved by the contesting parties. The approach to mediation involv ing elders in the communities would be hierarchical, First, the disputes would be resolved o n the ground between representatives o f stools/skins or land owning families. Cases that could not be resolved at this level would be referred to the Local Advisory
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Committee (LAC), which would intervene to assist in reaching a mediated solution. The L A C would be established at the district level and i t s members selected f rom community elders jo in t ly by the District Assembly and the chiefs in the district in consultation with the community. A public awareness campaign would be conducted before establishing LACs. Cases would go to courts only when the L A C fails in the mediation. In Ashanti Region, this would be modified with the intervention o f the Asantehene’s court before reference to the c i v i l courts. L A C s would be established pr ior to commencement o f land boundary demarcation and registration in any community. (See W P 8 for details).
The project would support ongoing activities in altemative dispute resolution (ADR). A judiciary task force has been created to develop a training program for the judiciary and registrars o f courts. A draft ADR bill i s currently being circulated by the task force with the expectation o f a final version being presented to Parliament in 2003. The project wi l l link the fol lowing ongoing activities into this process:
0
0
0
0
0
the work o f the Human Rights Commission; the GTZ-assisted legal pluralism and gender project; the research studies in altemative dispute resolution being undertaken by I D S with ILMAD; the justice reform program being developed; and the NorTrad mediation project in the north supported by DANIDA.
Subcomponent 1.3 Inventory Of All Acauired State Lands And Determination Of Outstanding Comuensation: GoG has declared i t s intention to retum vested land and land compulsorily acquired by the State, for which compensation has not been paid and i s in excess o f the needs o f Govemment, to i t s customary owners. The State would develop a realistic, fair and timely compensation policy and disclose it to affected parties. This pol icy would be applied consistently across the board in paying compensation for a l l lands it wants to keep but for which it has not paid compensation. Implementation o f this decision requires detailed demarcation, surveying and valuation o f such lands. The project would support this work to be carried out by private contractors under the supervision o f the Lands Commission, the Survey Department and the Land Valuation Board. However, i t should be noted that IDA funds cannot be used for payment o f compensation for land forcibly acquired by the State.
Subcomponent 1.4 Policv Studies: Policy studies, including public consultation, would be undertaken to in form and enlighten the discussion and formulation o f new land policies and preparation o f new land legislation. Direct support to ILMAD to undertake some o f these studies in addition to studies contracted out to other research bodies and NGO’s would be provided by the project. Facilities would be developed to discuss and disseminate research findings. Policy studies that have so far been identified include:
0 Land Tenure Registration, to formulate government pol icy on what rights wil l be registered on land titles, especially customary land rights and particularly the rights o f vulnerable populations such as women, migrants and tenants. This study would also address the issue o f rights acquired under customary freehold and common law freehold and how these rights are to be recorded in the land registry. Divestiture of vested lands, to examine the process and effect o f divesting lands in the northem third o f the country in 1978/79 to assist in the development o f appropriate conditionalities for divestiture relating both to pr ior property rights but also to future transparency and accountability for the administration o f lands divested. Finance and Fees Structure of Land Administration System, to formulate government policies on fees and taxes which are conducive to the financial sustainability o f the system and at the same time ensure registration o f land transactions and inheritances, taking into account the users’ willingness to pay and the need to correct land market distortions.
0
0
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0
0
Gender analysis, to examine how project activities can be informed by the input o f and participation by women and designed so that women wil l benefit f r om those activities. Performance of Customary Land Authorities, to review and assess the current land administration services provided by customary land authorities through interviews with those who have used their services in order to in form the process o f setting-up customary land administration secretariats and their governance.
The findings o f the pol icy studies wil l be widely discussed with stakeholders and publicized in the media. (See WP 1 for details).
Subcomponent 1.5 Policv Development Process: The government adopted the National Land Policy in 1999 after protracted debate. Whi le this document states the government’s objectives, i t can be seen as a delineation o f government’s intent for a land policy. There are already recognized shortcomings o f the document in terms o f detail, relation to other government activities, and timetable for implementation o f the policy. The project would support an ongoing discussion o f the land pol icy in light o f project activities and legal reform.
This activity would establish a structure through which a wide range o f actors may participate in pol icy formulation development and finalization. The mechanisms for this would vary by area but would broadly be designed to include representative land holders, traditional land administrators, local government and public sector land service providers, nongovernment agencies operating in the area and other interest holders. Such fora would be incrementally developed where the project i s focusing implementation such as in pi lot areas. They are l ikely to develop at customary area or district levels as appropriate. This wil l enable stakeholders to review legal or pol icy proposals and findings f rom studies to be examined in light o f their own practical situations. NGOs may be invited to submit proposals to help establish these fora and networks to link these with a national land pol icy forum. The project wi l l seek advice f rom the existing LANDNET initiative as to the best way to proceed. LAPU will be responsible for identifying a coordinating point in the Ministry o f Lands and Forestry.
Project Component 2 - US$29.22 million Institutional Reform and Development
The existing land administration system i s highly fragmented and overlapping. The strategy for dealing with this problem i s to: 0
0
0
streamline the roles and functions o f public land administration agencies, restructuring and strengthening them under one umbrella for efficient delivery o f services; decentralizing land administration services; and building the capacities o f the customary land authorities.
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Subcomponent 2.1 Restructurinp of Public Sector Land Agencies: A comprehensive organization, management and operations (OMO) study o f a l l the land sector institutions i s being undertaken, financed by the project preparation facil i ty provided by IDA. The main objective o f the study i s to develop a structure for the land administration sector as a whole that would achieve transparent, effective and efficient delivery o f land administration services that satisfy customer requirements. Establishing a single land sector agency combining a l l the current six agencies and providing a one-stop-shop service (OSS) to customers may be diff icult at the beginning, given the entrenched identities and interests o f the public land sector agencies. However, this should be the preferred model to be considered. General agreement was obtained, during project preparation, that a model combining a l l land sector agencies under a proposed Surveying and Land Administration Commission or Land Management and Development Commission would be feasible. This i s elaborated in WP2. The study team will work very closely with staff o f a l l the land sector agencies as wel l as collaborate with the W o r l d Bank-supported National Institutional Renewal Project (NIRP) and take into account the guidelines and policies that have evolved by the government under this initiative. The study wil l conduct a polit ical analysis o f the gainers and losers o f the institutional reform, identify champions for the reform and recommend a strategy for leveraging their influence and effectiveness. The project wil l support this study and prompt implementation o f the recommendations agreed upon with the MLF. The terms o f reference for this study i s given in the P IM. The study would be completed and agreed upon recommendations wil l be adopted n o later than December 3 1, 2004. The draft legislation restructuring these agencies wi l l be approved by the Cabinet no later than December 3 1,2005.
Subcomponent 2.2 Decentralizinp and Strenptheninp Land Administration Services: T o the extent possible and practicable, land administration services would be provided at the district level. Integrated user-friendly OSS centers would be established, in i t ia l ly at national and regional levels and subsequently at the district level, and supported in order to make land administration services more accessible and responsive to the community. Planning for this component would be closely l inked to subcomponent 2.1 above and subcomponent 2.3 below. That is, the study to identify rationalization o f agency services would include careful consideration o f requirements for improving local access to services. I t could be the case that the f i rst implementation o f restructured agency services i s delivered in the form o f integrated OSS at the district or even customary authority level where these involve large areas. The role o f district assemblies in providing land use planning services would be strengthened. This subcomponent also has close links with subcomponent 3.3 for the establishment o f model land titling and registration offices at the local level. A business model for the management o f the land sector agencies will be developed. In addition, a human resources management and development study will be carried out, based o n a skill gap analysis, in order to develop a coordinated staff training and recruitment program. The core o f the training would be good governance and raising the consciousness o f staff to be customer and service-oriented. The capacity building program would include private sector, NGOs and research and educational institutions. An improved working environment by way o f purpose-built offices, equipment, transport and operating budget would be provided under the project. Technical assistance would be provided in the introduction o f new and more efficient systems and procedures. This wil l apply particularly to land tit le registration as much greater demand wil l be placed o n this service with the increased output and increased business arising f rom the project. Support wil l be provided for this reorientation o f land service delivery and for computerizing the Land Commission and Land Registry records. (See WP 4 for details).
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Subcomponent 2.3 Strewthenin9 Customary Land Administration: The goal o f this component would be to lay the foundation for clearer and more cohesive development in the customary land administration sphere and for i t s further consolidation and evolution in subsequent land administration projects. T o lay such a foundation, the project would work directly with customary land authorities to help them improve and develop customary land administration. Institutionally, in some areas this would result in the establishment o f centralized secretariats modeled o n the Gbawe family (Greater Accra) and the Asantehene’s land secretariats to which early project support would be given. In others, village land committees or similar institutions would emerge as the formal administrative authority under the aegis o f the local chief, tindaana or family head. In al l cases, the development o f institutions and systems that are participatory and accountable to community membership would be encouraged. In consultation with community members, customary land administration authorities would be assisted to:
consolidate and develop landholding ru les and develop public land allocation and transaction procedures to limit double allocations; adopt simple land use planning of the customary area to minimize inappropriate land use and protect areas o f common interest to the community; identify and resolve overlapping claims o f rights among landholders; develop more effective dispute resolution procedures, including the adoption o f record keeping to help establish precedent; reach agreement with neighboring communities on the boundaries o f the customary and area; establish simple registries to record land allocations, transactions and land use planning decisions; develop forms o f certificates or entitlements which precisely reflect the nature o f rights over the property awarded and the terms and conditions; methodically identify, adjudicate, demarcate and register holdings in the customary area, without formal survey input as appropriate; and develop mechanisms which improve the security o f those identified as most l ikely to be vulnerable, women, very poor and landless families in the community and strangers and tenants.
In these and related tasks, the project would assist customary authorities to work with formal land administration agencies to enable the development o f procedures that are simple and cheap for landholders and customary administrators but also interface with more formal survey and registration procedures. The project would also assist customary land authorities to work together for mutual problem solving and to use traditional councils or other fora to in form pol icy making at district, regional and national levels.
Implementation o f this component would proceed through pi lot ing in selected areas in a l l ten regions. These would sample rural, urban and peri-urban cases and areas where different levels o f complexity and conflict in customary land relations exist. Over five years, it would be expected that up to 50 customary land areas would receive direct facilitation and support. Replication and expansion, if appropriate, to upwards o f 500 other customary land areas (villages or larger units) would be through development and dissemination o f best practice models, formulation o f guidelines, participation in workshops, and opportunities for more structured training. Implementation would be heavily dependent upon able facilitation and the project would identify and fund a lead facilitator in each region. These facilitators would be coordinated by a national facilitator. Periodic technical assistance by recruited national or international experts as appropriate would be provided. Outputs would include: 0
0
0
0
a manual o f procedures, devised on the basis o f learning by doing experience; an institutional plan for providing sustained support to develop customary land administration; development o f a training course for traditional land authorities; identification o f the statutory provisions needed to support administration in the customary land sector;
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0 significantly improved customary land administration in at least 50 customary land areas and improved administration in upwards o f 500 other areas, including improvements in the full complement o f areas f rom local adjudication, allocation and recording procedures to ru les which protect the land rights o f vulnerable sectors; and a body o f trained facilitators who may incrementally service interested customary communities. 0
For many elements o f this subcomponent a detailed work program will be developed during project implementation with technical and financial support by DFID, linking directly with policy, legal, institutional and technical developments la id out in other components. Some o f the routes for linkage are articulated in the PIM.
Subcomponent 2.4 Strengthening the Private Land Sector Institutions: The Survey Act and associated regulations provide for the Director o f Surveys to appoint licensed surveyors operating in the private sector to undertake surveys o n behalf o f government. There are about 25 licensed surveyors and f ive middle-sized f i r m s operating in Accra. A further 9 individuals operate in Kumasi. As surveying and mapping work expands to service allodial boundary demarcation and systematic land titling and registration, the current capacity and capability o f the private sector wil l need to be expanded and training programs developed for private sector surveyors. Individual surveyors would be encouraged to fo rm companies to take advantage o f economies o f scale to acquire modem digital survey and mapping equipment to provide more effective service. The Ghana Institute o f Surveyors wil l be supported to facilitate this. Currently, the licensing o f private surveyor rests solely o n the Director o f Surveys. The Minister, MLF will review the procedure for vetting and licensing o f private surveyors with a view to make it more participatory and transparent by establishing a board or a committee on which the profession and the academic community are represented. (See W P 2 for details).
Subcomponent 2.5 Strenptheninp Land Administration and Manapement Training and Research Institutions: The main inst i tute for professional education in surveying, mapping, land administration and management i s the Kwame Nkrumah University of Science and Technology (KNUST). The Center o f Land Administration (CLA) i s also located at KNUST. However, K N U S T does not have adequate logistics to deliver high caliber training in these fields. The project wil l support the construction o f classrooms, offices and laboratories and the provision of modern digital surveying and mapping equipment for K N U S T to enable adequate hands-on experience for trainees in advanced technology currently used in most geo-spatial organizations. The Department o f Land Estate Management and the proposed Department o f Surveying of the Kumasi Polytechnic will also be supported under the project to enable them train specialists and technicians in land administration both for the public and private sectors. (See WP 2 for details).
The Institute for Land Management and Development (ILMAD) o f K N U S T and the University o f Ghana have also research facilities that could support the project, an efficient running o f a modern land market and a relevant system o f land administration in Ghana. Besides the expansion and modernization o f the teaching facilities at ILMAD, the project wil l support these institutions to provide research in land tenure issues, land use planning and land management as wel l as conducting beneficiary assessment and impact evaluation o f the project's interventions. Part o f the research and M&E budget o f the project wil l be earmarked for these institutions, whi le they would be allowed to compete in bidding for contract work to access additional funds for research services they are capable o f providing. (See W P 2 for details).
Project Component 3 - US$ 16.30 million Improving Land Titling, Registration, Valuation and Information Systems
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Subcomponent 3.1 Develoument of Cadastre and Land Information Svstems: The fundamental data set forming a land information system (LIS) i s the cadastre which records the physical location o f the land parcel, the nature o f i t s tenure, the rights held over i t and the holders o f those rights. A range o f other information related to land use and land values, as wel l as natural and man made resources, might also be linked to the cadastre recorded in the LIS. The manual L I S currently being used in Ghana i s in the fo rm o f hard copy graphical maps, cadastral data and textual records. However, the linkage between these manual records has been poor and accessing the data has been diff icult. As Ghana moves towards increasing use o f digital technology and GIS systems, there i s a need to design a properly structured computer-based L I S that records the basic cadastral infrastructure and better allow user access and integration within different data sets. This would lead to a reduction in the duplication o f data recording across agencies and would provide a means for developing better security measures for the extremely valuable cadastral and tenure records stored in archives across the land agencies. The project would provide for an establishment o f such computer-based L I S which i s secure and the training o f staff o n i t s operation. Designing the L I S and i t s operation will involve the participation and collaboration o f the Survey Department, Land Ti t le Registry, Land Commission, Land Valuation Board and Town and Country Planning Department towards achieving the common goal o f an effective LIS. The individual responsibilities o f each agency would be clearly defined and a program established to transform the current manually stored data into a more easily managed computer-based system. Technical assistance would be provided under the project in developing and implementing the L I S o n a common information technology plat form shared by a l l land sector agencies. (See WP 3 for details).
Subcomponent 3.2 Cadastral Mauuing: Inadequate survey and mapping contribute to lack o f clear definitions o f boundary locations that result in the large and growing number o f land disputes that are severely hindering the effectiveness o f land administration and the land market. Lack o f suitably accurate cadastral plans and maps to record parcel locations i s leading to uncertainties about where parcels and which parcels have already been registered, often resulting in the same parcel being registered to more than one landholder, either by accident or by deliberate fraud. The cadastral mapping sub-component i s aimed at producing digital and hard copy maps at appropriate scales for customary land boundary demarcations, systematic land titling in urban areas and land use planning. The effort would be led by the Survey Department which has gained much experience f rom other Bank-funded urban projects.
An intensive program o f base (topographic) and cadastral mapping, based o n rapid production photo-mapping techniques, and supported where necessary by extension o f the national geodetic control network wi l l be launched. The present geodetic framework i s weak, incomplete and i s in imperial units o f measurement. The network wil l be recomputed and adjusted to provide effective support to the development o f a computerized national LIS. Modern survey and mapping equipment would be procured for the Survey Department supported by staff development and training programs. Included among the equipment would be systems based o n digital survey and mapping technology to take advantage o f the benefits offered by digital technology. The benefits include, in particular, production efficiencies and facilitating the development o f a national L I S that wi l l lead to wider availability and use o f large scale spatial land data for national planning and land administration. The project will support the construction o f purpose-built offices to adequately protect expensive and sensitive survey and mapping equipment, However, care should be taken not to overbuild the capacity o f the Survey Department to the detriment of development o f the private sector to undertake cadastral survey and mapping o n behalf o f the government. Private sector f i r m s would be assisted to participate in the project by enhancing their capability and capacity as mentioned in Section 2.4 above. (See WP 3 for details).
Subcomponent 3.3 Establishment o f Model Land TitlinP and Registration Offices: One-stop-shops (OSS) where clients would submit their request for land administration services to one office that would
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process the request and deliver the necessary documentation (titles, deeds, etc.) for prescribed fees would be established o n a pi lot basis for up-scaling in subsequent projects. The type o f OSS and the range o f services they provide need to be experimented with under Ghanaian conditions. A OSS can have a l l the service providers or processors located in one building or i t can be a cheaper model o f just a front office to accept the service request forms from clients, send i t to the appropriate land administration agencies for processing, collect the processed documentation and deliver it to the client and receive the appropriate fees. Such OSS could be operated f rom an office o f a District Assembly, a bank, a post office, etc. An important consideration in establishing integrated OSS versus a front office would be the cost involved in expanding their establishment nationwide.
The OSS concept would be developed during project implementation in two stages. Stage one would be establishing OSS at the new land sector offices in Accra and Kumasi to be constructed under the project. This would be o f the integrated type OSS where a l l service providers would be located at the same building or compound. This would be followed in stage two by establishing three district OSS each in Greater Accra and Ashanti regions. These district OSS would be the front office type. The scope o f these OSS would be developed during project implementation as experience i s gained f rom the activities in the Accra and Kumasi OSS. Either within the Accra and Kumasi cases or as a third stage, consideration wi l l be given to how OSS may most satisfactorily operate in rural areas and where the demands for service support to Customary Land Authorities (CLAs) may be more modest. This development will go hand in hand with activities under component 2.3. This seeks, among other objectives, to assist CLAs to develop simple record systems for existing land interests ahead of cadastral development or survey mapping in those areas. The project would work with CLAs to develop a simple inventory system o f land recording which several hundred CLAs could be assisted to utilize. Care would be taken to maximize uniformity o f land administration systems among CLAs to enable them provide a foundation for possible survey o f land holding in those areas at later dates. This development wil l also serve an important function as a rqute to assist CLAs to identify and resolve overlapping land interests on the ground, the persistence o f which has frequently rendered formal entitlement process impossible. I t wil l also serve to introduce a large number o f CLAs to land record keeping processes. Late in the project, a detailed review o f the OSS experience wil l be conducted. This review wil l include a series o f stakeholder workshops and wil l be distilled into a comprehensive report setting out recommendations for future phases o f the land administration program.
Establishment o f the OSS as single point o f in i t ia l contact for a l l land administration information and service should be a primary element of an overall government objective to renew confidence in the land administration system and build trust in the agencies responsible for i t s administration. This means the OSS will be responsible for:
receiving and responding to a l l public and institutional enquiries on land administration procedures and processes; receiving a l l routine documents for processing by the respective responsible agencies; linking the public with specialist assistance in the relevant agency as needed; setting performance standards for enquiry and document processing (e.g., turn-around time) and monitoring against these standards; developing and implementing document tracking systems; dispatching a l l processed documents to applicants; receiving a l l fees and charges and accounting thereof; developing multi-skilled staff through training programs; conducting public awareness and education campaigns to encourage public participation and trust in the land administration system and the responsible agencies;
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0 conducting customer satisfaction surveys and programs to mitigate dissatisfaction and improve services. (See W P 2 for details).
Subcomponent 3.4 Improvement of Deed and Title Registration: Although it i s government pol icy to phase out the deeds registration, the deeds registry wil l continue to operate wel l into the future because i t contains almost 160 years o f records that will be, in some cases, relevant for decades to come, particularly in relation to easements and long term leases, The land titling system wil l ultimately supersede the deeds system but, because many areas wil l not be reached by land titling activities for many years, the deeds system wil l remain active long into the future. The project will, therefore, strengthen both the deeds and tit le registry o f the Lands Commission and the Land Title Registry. Records management wi l l be improved by developing simplified administrative procedures to streamline processing, improve efficiency and reduce processing time. Purpose-built offices with air conditioning, f i re protection and proper building security would be provided. Management o f paper records would also be improved by the provision o f adequate storage facilities. Computer software that enables systematic digital storage and retrieval o f indexes and documents and f i le tracking would be installed and staff trained in developing and operating the system. This would facilitate computerized tit le and leasehold search, reducing transaction time and costs and minimizing fraud. For the Land Title Registry, conversion o f the paper record to digital format would start with the most recent entries and work backwards to 1986. Technical assistance would be provided under the project to improve the organization and procedures o f the Registry’s operation and to develop the computerized record system and train staff. (See W P 4 for details).
Subcomponent 3.5 Because land use planning and management has not received sufficient attention and support, human settlement and land use, particularly in urban and peri-urban areas i s not efficiently guided, leading to land speculation, illegal land development and degradation o f the environment. The process o f issuing land development and building permits i s cumbersome and costly and slows down the formal land titling process. A coherent, streamlined and sustainable land use planning and management system would be developed as an integral part of the land administration system based on a decentralized, consultative and participatory approach designed to facilitate and manage human settlement development for providing better living conditions in balance with the environment and supporting a sustained and accelerated rate o f social and economic development. The need for better land use planning and control i s nowhere more apparent than in peri-urban areas o f Accra, for which reason Greater Accra wi l l be chosen as a focus area. T o achieve better planning in these and other areas development and adoption o f new laws, new approaches to town and country planning and institutional strengthening wil l be required.
Land Use Planning and Management:
The land use planning subcomponent will: (i) develop and test models and processes o f land use planning and development controls with clear definit ion o f roles and responsibilities at the district, region and national levels, in partnership with and participation o f the communities and the customary land holders; (ii) develop and test simplif ied and operational procedures o f inter-linkage between land tenure clarification, land registration and land use management at the local level as an integral part o f the land administration system and efforts to develop a transparent and efficient land market; (iii) develop and draft a coherent and modernized legal framework for town and country planning, including model guidelines and regulations, as a component o f the overall legal reform o f the land legislation; (iv) implement information systems including new orthophoto base maps and integration o f existing data (maps and other data) suitable to support integrated planning at a l l levels; and (v) support implementation o f land use planning and development controls in Greater Accra Region and selected p i lo t areas in other Regions.
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Subcomponent 3.6 Establishment o f a National Land Valuation Data Base: Although the Land Valuation Board (LVB) has primary responsibility for land valuations, a host o f other government and quasi-government institutions also perform land valuation functions. The LVB has been unable to establish a register o f values and publish the bulletin o f of f ic ia l notif ication o f values due to lack o f resources. A draft Valuation Bill i s being prepared to address duplication o f valuation functions by introducing the National Land Valuation Board (NLVB). The project wil l assist NLVB to develop a strategic plan for the establishment and maintenance o f the national valuation database to support a l l valuation functions in Ghana and to use the database as a basis for the publication o f of f ic ia l information in respect o f land values as provided in the proposed legislation. A series o f p i lot mass appraisal operations i s proposed under this component to assist in rapidly building a database o f unambiguous values for parcels in selected urban areas. Using the private sector, the LVB will test rapid appraisal techniques and update valuation rolls for use in land transactions and for the determination o f appropriate duties and taxes o n those transactions, taking into account the users willingness to pay, maximizing government revenues f rom land taxes, and correcting land market distortions. In this respect, recommendations o f the pol icy study o n finance and fee structure o f the land administration system, mentioned in Section 1.4 above, will be implemented. (See W P 5 for details).
Subcomponent 3.7 Pilot Proiects in Demarcation and Registration of Allodial Land Boundaries: The basic ownership o f land in Ghana i s the allodial interest which rests with the customary authorities as trustees for a l l members o f the community. Most stool/skin, tendamba and fami ly lands are not registered and the transient nature o f the landmark boundary descriptions such as trees, foot paths, streams, etc. make it easy to contest boundaries. Disputes between stool/skins, or between families and stool/skins, are commonplace. Rights to leases o f land lack credibility, or value in the marketplace if different stoolhkins, tendamba and families contest the underlying allodial rights to the land. The basis for this pi lot i s that certainty o f allodial rights i s the starting point for the registration o f subsequent rights which f low f rom this root title. The objective o f the pilots i s to develop f ie ld proven, efficient, transparent and community accepted procedures to define and demarcate the boundaries o f stoolhkin, tendamba and family lands, register the rights to these lands and establish with certainty the root t it le to land in Ghana. The specific objectives o f the pi lot would be to develop:
0 efficient and cost effective methods o f boundary demarcation with defined standards o f survey and boundary demarcation;
0 a community participation program to maximize inter-stool and intra-stool consultations and active participation in the demarcation process;
0 create a system for effective mediation o f boundary disputes through community participation; 0 registration o f agreed allodial rights; and 0 contributions to the development o f transparent systems for the management o f stool/skin, tendamba
and family lands which are not subject to individual freehold or usufruct, such as for forested areas, administered directly by chiefs as trustees.
Pilot areas would be selected to represent a l l types o f land tenure in Ghana, i.e., stool, skin, tendamba and family lands. Care would be taken to avoid areas where there i s pending l it igation or active boundary contest. In order to gain f rom past experience, the reasons for the failure o f past boundary commissions to execute this work wi l l be closely examined and current initiatives in some regions to define allodial boundaries wi l l be visited. Members o f the community wil l be involved in the allodial boundary demarcation exercise. It may be necessary in some cases to begin the process through identifying sub-stool or fami ly land boundaries to build up an accepted picture o f the boundaries o f the allodial holding. This work wil l assist in the establishment o f a system to maintain the register o f rights within the stool/skin and family. On completion o f the pilots the experience would be scaled-up. The communication strategy to be developed under the project to sensitize a l l stakeholders on land
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administration issues and problems (Subcomponent 4.3), wil l include information on those procedures which have been shown to be most effective and acceptable to participants. (See Volume I1 o f the project preparation report for details).
Subcomponent 3.8 Pilot Svstematic Land Titling and Registration: The 1986 Land Title Registry L a w provided for a systematic conversion o f rights f rom the deeds system to title. It was prescribed that the process be undertaken in a progressive manner within designated jurisdiction which were to be formally declared as registration districts. I t was put in place to improve tenure security and provide certainty about land ownership and land transactions as an essential part o f a reformed land administration system. It was envisaged as rendering security and safety to land transaction, minimizing land disputes and litigation. However, after 15 years o f operation, there have been less than 12,000 titles registered with a commensurately small number o f derivative transactions. There are about 37,000 applications awaiting registration. The objectives o f the titling program have not been achieved, adding to the uncertainty o f land tenure with the attendant undesirable social and economic impacts. Defects in the law are partly to blame. This i s the case, for example, where land holders are unable to complete the processing o f their rights until there is more clarity in the status o f the customary freehold. It i s generally concluded that the major reason for such l o w t i t le registation i s not the defect in the law, but in weaknesses in the mode and speed o f i t s implementation. The proposed systematic land titling and registration pi lot under the project would test ways o f accelerating the registration o f titles in both the customary settings and legitimately acquired state lands subsequently sold or transferred to individuals, organizations and f i rms . The process would be undertaken o n a jurisdiction basis, Le., whole district, sub-district, village or urban wards, in a transparent and participatory manner by bringing the t i t le registration closer to the community. The project wil l support systematic titling which i s open, accessible, widely publicized, highly visible and based o n an integrated delivery o f services by a small operational unit located within the pi lot target areas. The objective i s to test and implement efficient procedures for systematic adjudication and cadastral mapping to accelerate the registration o f land tit le in Ghana. Initially, three pi lot areas wil l be chosen within existing declared tit le districts in Accra, Kumasi. and the lands o f the Gbawe family in Greater Accra. Scaling-up to other tit le districts will take place after evaluation and consolidation o f the experience in the in i t ia l pilots. I t i s envisaged that about 300,000 titles would be registered through this development. An effective communication strategy would be implemented to facilitate the pi lot land titling and registration program. Alternative approaches to registering rights in the customary land sector would be explored under Section 2.3 above. This would be developed in conjunction with the land agencies to maximize consistency in recording format and especially identification o f p lo t numbers. (See Volume I1 o f the project preparation report for details).
Project Component 4 - US$7.51 million Project Management, Monitoring and Evaluation
Sub-component 4.1 Proiect Coordination. Monitoring and Evaluation: The project’s overall management wil l be the responsibility o f the Chief Director (CD) o f MLF. The Land Administration Program Unit (LAPU), the secretariat of the project, wil l be located in the CD’s office and will report directly to the CD. LAPU’s head will be the Project Coordinator, who wil l be designated to coordinate and monitor the day to day activities of the project under the guidance o f the CD. L A P U wil l be manned by six professionals to enable it coordinate implementation o f the project, provide facilitating services for I A s and follow-up o n pending issues. These wil l be: (i) The Project Coordinator; (ii) Legal Advisor; (iii) Social Science Specialist; (iv) Public Administration Specialist; (v) Communications Specialist; and (vi) Internationally Recruited Project Management Advisor. The detailed terms o f reference o f LAPU and the j o b description o f i t s staff are provided in the P IM. The staffing o f the L A P U with these specialists wi l l be a condition o f disbursement o f IDA funds under the project.
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The LAPU staff will ensure that a l l the technical assistance and other inputs the IAs require for implementing agreed upon workplans and budgets are provided in a timely and adequate manner. L A P U would be responsible for organizing training, workshops and seminars and implementation o f the communication strategy under the project. The heads o f a l l departments, agencies, sections or units will be responsible for the implementation o f components, sub-components or activities assigned to them for implementation. They wil l execute the annual work plans and budgets agreed upon and monitor and report on implementation progress, including retums o n expenditures.
Financial management and procurement involv ing national and international shopping and bidding will be the responsibility o f the Finance and Administration Department, MLF. IAs wil l finance operating expenses and procurement o f small-ticket items on the basis o f an imprest advance whose expenditure has to be fully accounted for pr ior to i t s replenishment.
Proiect Oversbht: MLF will be assisted in the implementation o f the project by two oversight committees. A high level Lands Policy Steering Committee (LPSC) that wil l provide guidance o n the pol icy and management aspects o f the project and a Lands Technical Steering Committee (LTSC) that wil l provide guidance and supervision o n the technical aspects o f the project. Members o f the LPSC wil l be the principal stakeholders and prominent professionals in Ghana’s land policy; Le., Minister, MLF (Chairperson); Deputy Ministers o f the ministries o f Lands and Forestry (Lands), Justice, Local Government and Rural Development, Information and Presidential Affairs, Food and Agriculture, Women and Children’s Affairs; Chairman, Select Committee o f Parliament on Lands; Representative, National House o f Chiefs; Renowned land tenure scholar; Renowned jurist; President, Ghana Bar Association; Representative o f land sector NGOs; Representative o f Academic or Research Institutions; and Head o f the National Women’s Development Council. The Project Coordinator wil l be Secretary o f the LPSC.
The L T S C wil l be chaired by the Chief Director, MLF and comprise a l l the heads o f a l l the project implementation agencies as wel l as the Technical Director (Lands), MLF; Director, Finance and Administration, MLF; Director, PPMED, MLF; Coordinator, National Institutional Renewal and representatives o f the ministries o f Finance and Information and representative o f land sector NGOs and the Bar Association. The Project Coordinator wil l be the Secretary o f the LTSC.
Sub-component 4.2 H u m a n Resources Development: A ski l ls gap analysis would be conducted in conjunction with the institutional reform study and a human resources development plan prepared. The project wil l support the implementation o f this plan that wil l be managed by LAPU. Technical assistance wil l be provided for the skill gap analysis and preparation o f the plan. The plan wil l include in-house and in-country short courses to upgrade the sk i l ls o f staff across the board and in-country and extemal post graduate training and study tours for selected key professionals.
Sub-component 4.3 Monitoring and Evaluation (M&E) and Impact Assessment: The project will design a system for M&E and impact assessment based on participatory approaches. It will be used both to track overall project performance and impact, using the key indicators in the project’s logframe, through qualitative and quantitative enquiries and data collection, review o f work plans, timeframes, and financial performance, and ensure that lessons learnt wil l be fed-back into project implementation on a systematic basis to ensure the project remains responsive to ever-changing national and local conditions, Whi le overall responsibility for the monitoring and evaluation o f the project wil l be that o f the PPMED, MLF, monitoring o f implementation progress wil l be the responsibility o f I A s with guidance and oversight by PPMED. K e y monitoring indicators wil l be agreed upon and reporting formats developed
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jo int ly by PPMED and IAs who will uti l ize the monitoring information as management tools to improve their performance, The I A s wil l submit their monitoring reports to PPMED at agreed intervals. PPMED will be responsible for compiling monitoring reports o f a l l IAs into a coherent whole report for GoG, i t s development partners and the public at large.
PPMED will contract out beneficiary assessment and impact evaluation work to academia, think tanks, NGOs and private consulting f i rms . PPMED will, in consultation with IAs, be responsible for preparing the TORS, selecting and supervising the entities contracted to carryout beneficiary assessments and impact evaluation and the publication and dissemination o f the findings. PPMED wil l be strengthened with additional staff, training and logistics to carry out these functions effectively. PPMED wil l provide regular reports and organize seminars on project progress to the development partners, cooperating sector agencies and ministries, key project stakeholders, and feed these into the project’s broader communication strategy. This wil l ensure that a l l project actors are well-informed and up-to-date about project activities.
K e y principles underlying the M&E approach thus include enhancing partnerships between the different stakeholders, and adopting a “learning approach” which recognizes that diverse experiences will be generated, f rom which lessons can be learned to be fed back into the project process. A structured format for ensuring this cycle o f “action-M&E-feedback-revised project planning-action” i s critical for the success o f this project. A degree o f f lexibil i ty wi l l be built into the M&E program, through a combination of qualitative and quantitative methods, such as semi-structured interviews, f ie ld missions, and open-ended discussions to complement more formal data collection through surveys. I t i s envisaged that a number o f in-depth studies on specific topics, particularly o n baseline studies and beneficiary impact assessment, wil l be conducted by local partners such as land experts at the University o f Ghana, ILMAD o f KNUST, NGOs and diverse “think tanks” based in Ghana.
Ongoing research activities in Ghana and neighboring parts o f West Af r ica provide a further source o f complementary information o f value regarding impacts f rom land registration, and alternative approaches to providing tenure security. A systematic review o f experience could usefully be undertaken regarding how projects in Ghana and neighboring countries in the region have approached systems o f registering rights, in terms o f organizational choices, technical issues, financial and fiscal implications, and impacts o n different groups. This assessment o f findings f rom elsewhere i s a pr ior i ty in order to identify sites for study tours proposed for the early years o f the LAP. In addition, as mentioned, i t may wel l prove usefu l to engage specialists in Ghana or f rom elsewhere, to analyze project progress with the comparative perspective f rom other cases worldwide.
Pi lot activities wi l l p lay a central role in providing concrete findings drawn f rom f ie ld level realities for further scaling-up. The M&E activities wil l need to link closely with a l l other areas o f project activity, to define appropriate indicators, and means by which this information wil l be fed-back into project management and appropriate revisions made. Integration between M&E and other components wil l be o f particular importance for pi lot ing o f strengthened customary land administration, the communication strategy, establishment o f baseline studies and exchange o f findings with ongoing research and NGO activities addressing land issues in Ghana. In the interests o f building o n existing initiatives, the M&E activities wi l l ensure close l i n k s with the GPRS and associated surveys to assess social and economic impacts o f the project.
Implementation o f the project’s M&E will be the responsibility o f the MLF (PPMED) with oversight by the Chief Director. The Director, PPMED, wil l liase with the MLF Financial Controller with regards to the monitoring o f the project’s budget. Each IA will appoint a full-time M&E officer. Tasks o f the PPMED wil l include the design o f the overall M&E program, including methods and monitoring
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instruments to be modified after field testing; participation in the selection o f relevant staff and the provision o f training in the implementing agencies; ensuring the processing and analysis o f data to provide information for reviews and reports; ensuring a triangulation o f methods for data collection to maximize reliability; organization o f formal and informal discussions, meetings, workshops for review and reflection o n progress; establishing a feedback loop to and f rom a l l stakeholders concerned, and ensuring that lessons learned are incorporated into the project planning on an iterative basis. In addition, the Director PPMED wil l ensure liaison between M&E activities within each IA. The M&E program wil l be designed pr ior t o project implementation and a baseline survey o f the key indicators conducted, using funds provided by IDA under the project preparation facility.
Subcomponent 5.4 Communications, Consultation and Particbation: Strengthening customary land recording and conflict resolution systems, while achieving overall policy, legal and institutional improvements wil l require building long term polit ical commitment, mobil izing support f rom diverse stakeholders, assuring a high level o f transparency and promoting the practice o f good governance. T o be sustainable, improvements wil l also need to leverage the systematic participation o f affected land holders and users in identifying problems, formulating possible solutions, and implementing decisions at the different levels. MLF could facilitate these processes by integrating two-way communications systems directly into the daily operations o f the project implementation agencies. LAPU would then be accountable for producing a high level understanding o f the objectives, details and options inherent in project activities among a l l stakeholders and motivate active participation in making choices, influencing pol icy and resolving land administration issues. The Project’s communications strategy will complement and enhance the project’s social as well as M&E subcomponents as both o f these aim, among other things, to ensure that stakeholders’ views and recommendations are incorporated into the project implementation and evaluation cycle. The strategy for achieving this process i s outlined in the PIM.
In brief, L A P U would include a Communications Specialist (CS) with a record o f professional achievement in both strategic communication (traditional external affairs, public and media relations) and development communication or closely related fields (agriculture extension, community development, civic and adult education). The CS would be responsible to establish and maintain a network o f communications officers f rom among the staff o f the agencies involved in project implementation to ensure two-way institutional communication flow. In order to accomplish this the CS would be supported by key authority figures in the L A P project and in the MLF. This would enable h i m h e r to be in touch with a l l key institutional stakeholders, maintain message coherence, veracity and timeliness o f information dissemination as wel l as receive and channel stakeholder views, suggestions and reactions to those responsible for the technical operations o f the project. The CS and the network would assure that communities, holders and users o f land are informed about prospective changes in land administration policies, laws, regulations and procedures under review and given the opportunity to share their views and be involved in such matters as land allocation and the resolution o f disputes. Existing capacity within government services such as the Information Services Department (ISD) within the Ministry o f Information and Presidential Affairs and MLF’s extensive experience (particularly in terms o f community outreach, mobilization o f support, public education and awareness raising) developed in the context o f i t s Natural Resource Management Program would be re-enforced and uti l ized in the Project’s communications strategy. Services provided by the Ghana Broadcasting Corporation-especially rural radio time-would be purchased periodically to strengthen and complement other targeted communication activities.
Similarly, NGOs and c i v i l society organizations with relevant experience, would be contracted as required to provide different communication services at national and regional levels (opinion research, public dialogue, development o f selected information, education and communication materials) and at the
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district and community levels (targeted dissemination, focus group discussions, conflict resolution, collection o f feedback, etc.). Over time, it i s envisioned that local communities would assume greater participation and control over the planning and implementation o f local-based campaigns, through for example, design and implementation o f inter-community campaigns. Communications actions would be integrated in annual work programs and adapted according to project cycles and changing needs. To initiate the program, the CS would be hired prior to project launching, ideally as part o f the pre-implementation phase to ensure systematic consultation and information dissemination to key stakeholders within the land sector agencies and other institutional allies. H ishe r in i t ia l tasks would include: (i) ensuring that indicators o f land related knowledge and attitudes are included in the M&E baseline survey; (ii) training o f network staff and sensitizing agencies to the need for open communication; (iii) preparing an in i t ia l information package for general use (containing basic information and facts about the Project, the rationale behind it, key implementing agencies and expected outcomes); and (iv) establish a set o f guidelines to direct communications processes.
The effectiveness o f the communications program would be monitored through indicators o f audience awareness o f land services and rights, accuracy o f information disseminated and the timeliness o f response to misinformation, volume o f feedback and appropriateness o f the response to it, proactive communication efforts initiated and sustained, creative approaches to harnessing opinions and elicit feedback. One indication o f ownership at the local level would be that communities are actively involved in the planning and implementation o f these programs and activities. A website would also be developed for the project to communicate information o n i t s implementation stages, constraints encountered, envisaged solutions, pol icy development and land-related debates and concerns. Although the website would target select audiences such as policy-makers, media, private sector, legal and land specialists, it would nevertheless promote a venue to promote transparency, information sharing and monitoring mechanism.
Project Component 5 - US$O.SS million Project Preparation Facil ity (PPF)
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Annex 3: Estimated Project Costs GHANA: Land Administration Project
Project Cost Summary by Components
% %Total % %Total (Cedis Million) Foreign Base (US$ '000) Foreign Base
Local Foreign Total Exchange Costs Local Foreign Total Exchange Costs A. HARMONIZING LAND POLICY AND REGULATORY REFORM (Component 1)
1. Harmonizing Policy and Regulatory Framework a. Compilation of Judicial Decisions /a 303 30 333 9 - 37.9 3.8 41.6 9
b. Revision of Laws and Regulations 569 833 1,402 59 - 71.2 104.1 175.3 59 Subtotal Harmonizing Policy and Regulatory Framework 872 863 1,735 50 - 109.0 107.9 216.9 50 2. Establishment of Regional Land Courts 997 2,044 3,040 67 1 124.6 255.4 380.1 67 1
3. Inventory of Compulsorily Acquired Land 571 743 1,315 57 - 71.4 92.9 164.3 57
4. Poiicy Studies 240 2,046 2.286 89 1 30.0 255.8 285.8 89 1
(Component 1) 2,680 5,696 8,377 68 2 335.0 712.0 1,047.1 68 2 Subtotal HARMONIZING LAND POLICY AND REGULATORY REFORM
B. INSTITUTIONAL REFORM AND DEVELOPMENT (Component 2) 1. Restructuring Pubiic Sector Land Agencies 693 1,520 2,213 69 1 86.6 190.0 276.6 69 1 2. Decentralizing and Strengthenlng the Land Administration Services
a, Strengthening Decenbralized Land Administration Services 27,363 33,913 61,276 55 16 3,420.4 4,239.1 7,659.5 55 16 b. Building the Capacity of Land Admlnstration Agencies
Lands Commission 8,444 26,989 35,433 76 9 1,055.5 3,373.6 4,429.2 76 9 Land Title Registry (LTR) 2,161 3,504 5,665 62 1 270.1 438.0 708.2 62 1 Land Valuation Board (LVB) 2,926 3,575 6,500 55 2 365.7 446.8 812.5 55 2 Office of Administration of Stool Lands (OASL) 1,737 2,745 4,482 61 1 217.1 343.1 560.2 61 1 Town &Country Planning Department (TCPD) 2,816 5,276 8.092 65 2 351.9 659.5 1,011.4 65 2 Survey Department 10,224 18,155 28.379 64 7 1,277.9 2,269.4 3.547.4 64 7
Subtotal Building the Capacity of Land Adminstration Agencies 28,307 60,244 88.551 68 23 3.538.4 7,530.6 11,068.9 68 23 Subtotal Decentralizing and Strengthening the Land Administration Services 55,670 94,158 149,828 63 39 6,958.8 11,769.7 18,728.5 63 39 3. strengthening Private Land Sector lnstltutions
Ghana Planning Institute (GPI) 247 877 1,124 78 - 30.8 109.6 140.5 78 Ghana Institution of Surveyors 632 2.184 2,816 78 1 79.0 273.0 352.0 78 1
Subtotal Strengthenlng Private Land Sector Institutions 879 3,061 3,940 78 1 109.9 382.6 492.5 78 1 4. Strengthening Land Admin. and Management Training Insts.
ILMAD 5,920 18.144 24,064 75 6 739.9 2,268.0 3,008.0 75 6 Geodetic Engineering 4,031 6,146 10,177 60 3 503.8 768.2 1,272.1 60 3 Kumasi Polytechnic (KP) 3,680 5,756 9,436 61 2 460.0 719.5 1,179.5 61 2 Planning KNUST 931 2,010 2,941 68 1 116.3 251.3 367.6 68 1
Subtotal Strengthening Land Admin. and Management Training Insts. 14,561 32,057 46,617 69 12 1,820.1 4,007.1 5,827.2 69 12 Subtotal INSTITUTIONAL REFORM AND DEVELOPMENT (Component 2) 71,803 130,795 202,598 65 53 8,975.3 16,349.4 25.324.7 65 53 C. IMPROVING LAND TITLING, REGISTRATION, VALUATION, AND INFORMATION SYSTEMS (Component 3)
1. Establishing Deeds Registries /b 4,004 2,966 6,970 43 2 500.4 370.8 871.2 43 2 2. Delineation and Registration of Allodial Rights 1.548 11,354 12,902 88 3 193.5 1,419.2 1,612.8 88 3 3. Communications Strategy 8,032 3,959 11,990 33 3 1,004.0 494.8 1,498.8 33 3 4. Pilot Systematic land Titling and Registration 12,892 2,676 15,568 17 4 1,611.5 334.5 1,946.0 17 4 5. Mapping, Land Use Planning and Management Support for Land Administration 51,794 13,033 64,826 20 17 6,474.2 1,629.1 8,103.3 20 17 6. Establishing Model Titling and Registration Offices 160 271 431 63 - 19.9 33.9 53 8 63
Subtotal IMPROVING LAND TITLING, REGISTRATION, VALUATION, AND INFORMATION SYSTEMS (Component 3) 78,429 34,259 112,688 30 29 9,8036 4,282 3 14,086.0 30 29
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D. PROJECT MANAGEMENT, MONITORING AND EVALUATION (Component 4)
1. Project Coordination 2. Human Resources Development 3. Monitoring and Evaluation
Subtotal PROJECT MANAGEMENT, MONITORING AND EVALUATION (Component 4) E. PPF
Physical Contingencies Price Contingencies
6,577 5,069 11,646 44 3 822.1 633.7 1,455.8 44 3 4,233 14,394 18,626 77 5 529.1 1,799.2 2,328.3 77 5
9,864 13,316 23,180 57 6 1,233.0 1,664.5 2,897.4 57 6
20,673 32,779 53,452 61 14 2,584.2 4,097.3 6.681.5 61 14 ~ 6,920 6,920 100 2 - 865.0 865.0 100 2
173,586 210,449 384,034 55 100 21,698.2 26,306.1 48,004.3 55 100 5,634 12,444 18,078 69 5 704.2 1,555.5 2,259.7 69 5
30,903 12,929 43,832 29 11 3,538.6 1,252.2 4,790.8 26 10 210,122 235,822 445,944 53 116 25,941.0 29,113.8 55,054.8 53 115
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Project Cost Summary by Expenditure Category
I. Investment Costs A. Clvil Works
B. Vehicles Construction
Cross country Pickup 4x4 DC Saloon Cars Motorcycles Other la
Subtotal Vehicles C. Equipment and Materials
Office equipment Communication Equipment Other Equipment and Materials /b Fumiture Publications, reports, media
Subtotal Equipment and Materials D. Specialist Services
National consultants international consultants
Subtotal Specialist Services E. Training
Local Training Overseas Training Workshops
Subtotal Training F. PPF Refinancing
Total Investment Costs il. Recurrent Costs
8. Perdiemlallowances D. Operation and Maintenance
Buildings /c Vehicles O&M Id Equipment /e
Subtotal Operation and Maintenance E. Supplies and Consumables F. Miscellaneous /f
Total Recurrent Costs
Physical Contingencies Price Contingencies
Local
9,744
670 4,290
420 381 690
6,451
5,905 220
27,770 5,635 1,758
41,288
75,054 4,960
80,014
13,238 1,094
730 15,062
152,558
6,377
230 2,686 1,602 4,519
566 9,566
21,027 173,586
5,634 30,903
21 0,122
(Cedis Million) Foreign
38,976
994 6,365
624 565
1,023 9,572
13,606 1,220
39,778 3,569 1,669
59,842
42,248 42,248
8,352 9,565
693 18,610 6,920
176,167
2,586
893 10,416 6,213
17,523 5,094 9,079
34,282 210,449
12,444 12,929
235,822
% Foreign
Total Exchange
48,720
1,665 10,655 1,044
946 1,713
16,022
19,511 1,440
67,548 9,204 3,427
101,129
75,054 47,208
122,261
21,590 10,659 1,423
33,672 6,920
328,725
8,963
1,124 13,102 7,816
22,042 5,660
18,645 55,309
384,034 18,078 43,832
445,944
80
60 60 60 60 60 60
70 85 59 39 49 59
89 35
39 90 49 55
100 54
29
79 79 79 79 90 49 62 55 69 29 53
%Total Base
costs
13
3
4
5
18 2 1
26
20 12 32
6 3
9 2
86
2
3 2 6 1 5
14 100
5 11
116
Local
1,218
84 536 53 48 86
806
738 27
3,471 704 220
5,161
9,382 620
10,002
1,655 137 91
1,883
19,070
797
29 336 200 565
71 1,196 2,628
21,698 704
3,539 25,941
(US$ '000) Foreign
4,872
124 796
78 71
128 1,196
1,701 153
4,972 446 209
7,480
5,281 5,281
1,044 1,196
87 2,326
865 22,021
323
112 1,302
777 2,190
637 1,135 4,285
26,306 1,556 1,252
29,114
% Foreign
Total Exchange
6,090
208 1,332
130 118 214
2,003
2,439 180
8,443 1,151
428 12,641
9,382 5,901
15,283
2,699 1,332
178 4,209
865 41,091
1,120
140 1,638
977 2,755
707 2,331 6,914
48,004 2,260 4,791
55,055
80
60 60 60 60 60 60
70 85 59 39 49 59
0 89 35
39 90 49 55
100 54
29
79 79 79 79 90 49 62 55 69 26 53
% Total Base
costs
13
0 3 0 0 0 4
5 0
18 2 1
26
20 12 32
6 3 0 9 2
86
2
0 3 2 6 1 5
14 100
5 10
115
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Annex 4: Cost Benefit Analysis Summary GHANA: Land Administration Project
Summary of Benefits and Costs:
Economic Analysis:
Expected benefits
a.
b.
C.
d.
e.
f.
g.
Improved land tenure security: The project will reduce land security r isks o f land grabbing, encroachment, land disputes, and expropriation. Lack o f tenure security has been identified as one o f major problems which contributes to poverty and inhibits economic and social development. Around 300,000 individual urban land titles and 50 allodial t i t les will be issued. Procedures through which land rights may be swiftly and cheaply recorded and tit led wil l be identif ied and tested to facilitate mass use o f titling opportunities; Increased land-related investment: Investments on land, f rom both domestic and international sources, wil l increase as a result o f increased confidence o f investors towards a more secure, stable and predictable investment environment and improved access to formal financial credit; Improved efficiency of land resource use: Formation o f rural land markets and improvements o f urban land market wil l result in a more efficient use o f land resources; Increased information benefits: Land valuation system, tax collection system, and land use planning system will benefit f rom the information provided by an improved land registry and cadastre system, and the information generated f rom the titling process; More sustainable land use behavior: A secure land tenure environment may induce a more sustainable resource use behavior because landholders wi l l pay more attention to the long-term productivity o f their land; Improved social process: By adopting decentralized approaches and strengthening community capacity to administer customary land rights, procedures which are more locally operated and accountable wil l be fostered; and Improved poverty focus in the land administration sector: Through ensuring that the needs o f poorer members o f the community and those disadvantaged by discriminatory practices or conditions are attended to in building improved systems, the project wil l enhance the poverty focus o f land administration development.
Data and Methodolow
The data used for the economic analysis i s the 1998-99 Ghana Living Standard Survey (GLSS), conducted by the Ghana Statistical Service. The survey covered 5,998 households f rom al l 10 administrative regions o f the nation. Based o n the GLSS household and plot-level data, linear regression was used to analyze the effect o f titling o n land prices and to estimate the economic rate o f return (ERR) to the investment in the project. Land-prices are used as a proxy for economic value o f land to calculate the ERR under the assumption that a l l titling benefits wi l l eventually be reflected in land price changes, Le., the change in land prices captures the net effect of a l l the benefits o f land titling, other factors held constant. Factors besides land tit le do affect land prices and should be controlled in order to have a meaningful analysis. The fol lowing household and plot characteristics were controlled: per capita income, education, age and gender o f household’s economic head, whether the p lo t planted tree crops or not, ecological zone o f the p lo t (i.e., costal, forest, savanna), location o f the p lo t (Le., Accra, other urban,
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rural coastal, rural forest, and rural savannah) Regional dummies were also added to control the difference among the 10 administrative regions The total p lo t sample size used in the econometric analysis was 3,405.
Results. The overall ERR o f holding a land tit le i s about 39 percent, and the coefficient o f t it le i s statistically significant at 99 percent confidence level and the result i s robust to different specifications. This means that the value o f a p lo t with a t i t le wi l l be 39 percent higher than that o f a plot without a title, holding other factors constant Findings f rom studies conducted by the Bank in other countries with similar projects give additional confidence to this result. For example, in the case o f Indonesia, where the first phase o f a long-term land administration program was completed, the ERR was about 33 percent. In Thailand, where a Wor ld Bank-assisted 16-year land titling program was successhlly completed, the ERR ranged f rom 30-34 percent. However, the ERR, as calculated here, may overvalue the net benefits f rom the perspective o f the society as a whole. The overvaluation stems from, as argued by Feder et. al. (1988), the fact that landowners are risk averse, while society i s risk neutral (or less risk averse). Therefore, landowners pay a higher risk premium to security than the society does. T o reflect the ERR to the society, the ERR to farmers should be discounted, particularly in areas with very high tenure security risk. In the case o f Ghana, due to the lack o f relevant information, the discount factor i s not available. However, even if we assume that discount factor i s 30 percent (Le,, a relative high risk o f eviction), the ERR to the society i s s t i l l about 28 percent.
Plan to Improve Economic Analvsis. Given that GLSS i s designed for the purpose other than conducting economic analysis, i t does not have a l l the necessary information required by a project economic analysis. For example, GLSS does not give detailed information on plot characteristics. Moreover, the land prices o f GLSS are landholders’ perceived price instead o f actual market price. T o improve the quality o f the economic analysis, a baseline survey as we l l as a socio-economic impact survey would be conducted in selected project area before and after the project implementation. These surveys will provide a basis for an ex-post evaluation on the economic benefits o f the proposed project. These surveys should be contracted out to the Ghanaian Statistical Service or other professional companies. Data need to include very detailed p lo t characteristics (e.g., land rights information, size, irrigation status, soil quality, investment activities o n the plot, location, information on farming activities if the plot for farming purpose, price, etc.) and household characteristics (e.g., education, age structure, gender structure, per capita income and expenditure, wealth, etc.). Ideally, a panel data (Le,, cross-sectional and time series) should be collected. Moreover, in both rural and urban areas, information about control groups (i-e., areas which are not covered by the project) should also be collected to allow a better control for household-specific characteristics. As the proposed project i s the f irst phase o f a long-term program, the findings f rom the baseline and socio-economic impact surveys wi l l also be used to evaluate a possible follow-up project.
Financial Analysis:
The purpose o f conducting a financial analysis i s to assess whether the net financial benefits expected f rom the project are attractive enough for project participants. In the proposed Ghana Land Administration Project, there are two key project participants - the landholders and the Government.
Financial benefits and costs for landholders. As in many other countries, two considerations motivate landholders to obtain land tit les: (a) to improve land ownership security; and (b) to access a cheaper as wel l as larger amount o f credit f rom formal financial institutions by using the titles as collateral, As a result o f an improved land tenure security and improved accessibility to formal credit, landholders wil l increase their investment in land and hence increase productivity and income. Under normal situation
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where titles are issued upon request by landholders (i.e., sporadic registration which requires landholders to pay the full cost), landholders who request a titling service do so with the expectation that the financial re tum f rom acquiring title would be higher than the cost o f the title.
In most cases, land titling projects adopt a systematic adjudication method to undertake land tilting in large volumes. T o ensure high participation o f landholders on a voluntary basis, the cost o f land titling has been kept at a level significantly lower than the cost o f producing a title. The affordability o f the poorest landholders has been considered when setting an appropriate registration fee. For example, in the case o f Thailand, landholders are charged less than US$5 per title, compared to the actual cost o f US$36 per title. In the case o f Indonesia, landholders are charged about US$2 per tit le whi le the actual cost i s around US$26. The difference between the actual titling cost and the fee charged to landholders i s the subsidy f rom the government, which can recover the subsidy by charging full registration fee on subsequent land transactions and collecting other revenues associated with land transaction. This arrangement has worked wel l in many countries.
Bo th the Government and the Bank agreed that a similar arrangement would be introduced in the Ghana. Current estimates show that the real cost o f per tit le i s around US$35 Based on the estimated costs o f titling related components and the total numbers o f t i t le wil l be issued under the project, the average cost o f per tit le i s about US$28.3. However, this average cost does not include the government’s future management costs associated with each title. T o calculate the actual cost o f each title, we assume that (i) government wil l spend about two percent o f the current cost each year after the project implementation period to ensure each tit le s t i l l val id and (ii) the discount rate i s 10 percent. Based on these two assumptions, the actual total cost o f each tit le i s 28.3+(28.3x 0.02)/0.1=34.96. Based on this estimate and given that the proposed 300,000 titles to be issued by the project wil l mainly concentrate o n urban areas, a fee o f about US10 per tit le may be charged. Findings f rom f ie ld trips and discussions with the Government show that the fee arrangement would be reasonable. Evidence f rom many sources show that the actual cost o f titling i s several fold.
Financial benefits and costs for the Government. The Government will receive incremental revenues (‘j?nancial benefits) from:
0 0
in i t ia l registration fee (US$lO per title); derivative registration fee (Le., administrative fees collected by land commission, land valuation board, supplied by the Government, the total amount o f different fees for sporadic registration accounts for two and ha l f percent o f the land value; stamp tax (to land buyer) o f two percent o f the land value; and capital gains tax (to land seller) which i s 10 percent o f amount o f increased value. The economic analysis o f the project shows that nationwide, land values wil l increase about 40 percent due to land titling, and given that urban areas wil l generally enjoy a higher return rate than the national average, it i s assumed that land values will increase by 50 percent in urban areas.
land registration services, and surveying department, etc.). Based on information
0 0
The revenues are extrapolated over 35 year period and no further assumptions are made regarding any expected changes to these revenues. The revenues f rom managing public land (Le., state land and stool land vested in Government) are excluded due to lack o f information. However, this exclusion should not be a big issue since the Land Commission confirmed that the revenues f rom managing public land account for a very small proportion o f government’s total revenues from land administration.
Thefinancial costs to the Government, in principle, should be the project costs (excluding the grant f rom different donors such as DFID, GTZ and CIDA) and the Government’s future management costs for
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maintaining the benefits o f titling beyond the end o f the project (two percent o f total project costs). However, given the proposed project i s the f i rst phase o f a long-term program with a focus on institutional building, many project activities wi l l either be not directly related with titling or have benefits beyond the narrow confines o f the project. For example, US$6 m i l l i on (from KfW) wil l be invested in c i v i l works, which will benefit both non-project area as wel l as the follow-on projects o f the long-term program. The same logic can be applied to the activities o f land use planning (US$7 million, f rom Nordic Development Fund) as we l l as activities o f strengthening land administration and administration system (US$8.6 mill ion, f rom IDA). Therefore, costs o f these activities should be either omitted or prorated according to certain criteria. Based o n the nature o f different investments, it was decided to include the fol lowing costs in the financial analysis: 100 percent o f investment directly related with titling; 50 percent o f investment related with strengthening administration and management system; 50 percent o f investment related with development o f regulatory framework and pol icy studies; and 33 percent o f investment related to c i v i l works; and finally, 20 percent o f investment related with land use planning. A sensitivity test shows that, even if a l l IDA investment were included in the calculation, without changing other assumptions, the FRR i s s t i l l 13 percent with N P V o f US$3.07 mill ion. The counterpart funding f rom the Government, with 90 percent in fo rm o f duty and tax, i s also excluded, since it i s not a real cost t o the Government and hence has n o financial implications.
Results. The GLSS data shows that the turnover rate in urban area i s about 2.1 percent, which means a relatively active land market. Field observations also confirmed that the land market in urban areas i s quite active. The information f rom the Land Valuation Board suggests that the average land transaction value in urban areas i s about US$5,000. Based on this information, the financial analysis (Table 1) shows that the financial rate o f return (FRR) i s about 17 percent and net present value (NPV) i s US$7.42 mi l l ion (at a discount factor 0.1).
Fiscal Impact: The fiscal impact o f the proposed project should be neutral in the short-run given that less than 15 percent o f the total project cost wil l be financed by the Government in the form o f duty and tax exemption. In the long-run, i t i s expected that the fiscal impact o f the proposed project will be very positive as shown by the relatively high FRR.
Main Assumptions: The major assumptions o f the FRR calculation are: (a) Distribution o f the 300,000 individual parcel t i t les in mainly urban areas and 50 allodial t i t les mainly in rural areas; (b) Registration fee structure: (depends on fee structure suggested); (c) Average price per square meter (Rural and Urban); (d). Average size o f per parcel (Rural and Urban); (e) Turnover rate (annual 2%); and (0 Subsequent transaction registration fee.
Sensitivity analysis / Switching values of critical items: The average land transaction value; turnover rate and in i t ia l registration fee are important parameters o f the financial analysis. Therefore, a sensitivity analysis was conducted to test the financial robustness o f the proposed project regarding changes in these parameters. The fol lowing results show that with significant changes o f these key parameters, ie., 20 percent decrease or increase, the project would remain financially attractive to the Government. The results o f the sensitivity analysis are:
0
0
0
If average o f land transaction value increases 20 percent, N P V wil l be US$11.53 mill ion; FRR = 20 percent; If average o f land transaction value decreases 20 percent, N P V wil l be US$3.30 mill ion; FRR = 13 percent; If turnover rate increases 20 percent, N P V wil l be U S $ l 1.53 mill ion; FRR = 20 percent;
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0
0 0
If turnover rate decreases 20 percent, NPV will be US$3.30 mill ion; FRR = 13 percent; If registration fee increases 20 percent, N P V wil l be US$7.86 mill ion; FRR = 18 percent; If registration fee decreases 20 percent, N P V wil l be US$6.98 mill ion; FRR = 16 percent.
Year
~
Total Benefits cost
Ini t ia l registration fee Derivative registration fee Stamp tax Capital gain tax Net
benefits 1 2 3 ] 3.96 1 0.70-2.37 4 I 3.17 I 0.70-0.87
2.90 0.30-2.60 4.77 0.60-4.17
5 6
1.96 I 0.51 0.98 I 0.21
10 I 0.36 1 0.80 11 1 0.36 I 0.80
~
7 8 9
0.36 0.80 0.36 0.80 0.36 0.80
12 13 14
17 I 0.36 1 0.80 18 1 0.36 I 0.80
0.36 0.80 0.36 0.80 0.36 0.80
15 16
22 1 0.36 1 0.80 23 I 0.36 I 0.80
0.36 I 0.80 0.36 I 0.80
24 I 0.36 I 0.80 25 1 0.36 I 0.80
19 20 21
26 1 0.36 I 0.80 27 I 0.36 I 0.80
0.36 0.80 0.36 0.80 0.36 0.80
28 29 30 31 I 0.36 I 0.80 32 I 0.36 I 0.80
0.36 0.80 0.36 0.80 0.36 0.80
33 I 0.36 1 0.80 34 I 0.36 I 0.80 35 0.36 0.80
NPV = U S $ 7.42 (discount factor 10%) FRR= 17%
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Annex 5: Financial Summary GHANA: Land Administration Project
Years Ending
I Year1 I year2 I year3 I Year4 I Year5 I Year6 I Year 7 Total Financing Required
Project Costs Investment Costs 8.1 15.5 11.9 6.5 3.3 1.4 0.0 Recurrent Costs 0.7 1.5 1.7 1.8 1.8 0.9 0.0
Total Project Costs 8.8 17.0 13.6 8.3 5.1 2.3 0.0 Total Financing 8.8 17.0 13.6 8.3 5.1 2.3 0.0
~
Financing I BRDll DA 3.4 5.6 4.6 3.7 2.3 1 .o 0.0 Government 1.3 2.5 1.9 1 .o 0.5 0.2 0.0
Central 1.3 2.5 1.9 1 .o 0.5 0.2 0.0 Provincial 0.0 0.0 0.0 0.0 0.0 0.0 0.0
Co-financiers 4.1 8.9 7.1 3.6 2.3 1 .o 0.0 User FeeslBeneficiaries 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Other 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Total Project Financing 8.8 17.0 13.6 8.3 5.1 2.2 0.0
Main assumptions: Cofinanciers wi l l successfully conclude separate agreements with the Borrower.
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Annex 6(A): Procurement Arrangements GHANA: Land Administration Project
Procurement
Introduction
The Wor ld Bank conducted Country Procurement Assessment Reports (CPAR) in 1985 and 1996. A consultant report in 1997 and a Country Portfolio Performance Review (CPPR) in 1998 cite: (i) lack o f a comprehensive legal framework, and a uni form codified procurement procedures and regulations, (ii) weak capacity o f procurement staff, and (iii) loose institutional and organizational arrangements for collective decision making in awarding o f contracts, as major factors contributing to weaknesses in public procurement practices. Some o f the unacceptable features in the current public procurement practices highlighted are (i) extensive use o f sole method for selection o f consultants, (ii) extensive and repetitive use o f shopping procedures, often including same f i rms , (iii) unclear procedures for opening o f bids and criteria for bid evaluation and contract award, (iv) post contract negotiations, (v) mandatory use o f the state insurance company for goods contracts, and (vi) over-centralization o f procurement in Accra. The reports recommended a comprehensive procurement reform for Ghana. This recommendation was also endorsed in the 1999 CDF initiative document for Ghana.
Procurement Reform
The Government has realized these serious deficiencies in the public procurement system and has embarked o n a reform program financed with an IDA credit under the Public Finance Management Technical Assistance Project. Consultants were commissioned to work in close liaison with stakeholders in public and private sectors, paying due attention to consultation, participation and ownership and prepare the Government’s procurement policy. A draft Public Procurement Ac t was prepared in mid-2000. I t has now been tabled before Parliament and i s expected to be enacted in the 2003 session.
In the absence o f a national procurement code, the procurement procedures to be followed wil l be fully described in the Project Implementation Manual (IPM). RegistratiodClassification o f contractors may be used for establishing bidder qualification or for preparing a l i s t for use under quotation procedure but not as criteria for bidding or for award o f contract.
Use of Bank Guidelines
All works and goods financed under the Credit would be procured in accordance with the document “Guidelines: Procurement under IBRD Loans and IDA Credits, January 1995 and as revised in January and August 1996, September 1997 and January 1999”. Consultants wil l be selected in accordance with the document “Guidelines: Selection and Employment o f Consultants by Wor ld Bank Borrowers, January 1997 and as revised September 1997, January 1999 and M a y 2002”. National Competitive Bidding (NCB) procedures will include: (a) an explicit statement to bidders o f the evaluation and award criteria; (b) national advertising with public bid opening; (c) award to the lowest evaluated responsive and qualified bidder and (d) foreign bidders would not be precluded f rom participation in NCB.
The Bank’s Standard Bidding Documents (SBD) wil l be used for a l l I C B (and with appropriate amendments for a l l NCB) for works and goods. The Bank‘s Standard Request for Proposals (SRFP) would be used for a l l consulting assignments. Less competitive bidding and selection procedures should not be used as an expedient to by-pass more competitive methods. Fractionating o f large procurements
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into smaller ones to use less competitive methods wil l not be allowed. The detailed procedures to be fol lowed will be described in the PIM.
Advertising
A General Procurement Notice (GPN) i s mandatory and will be published in the UN Development Business as provided under the Guidelines. The GPN would be updated on a yearly basis and would show a l l outstanding I C B and a l l consulting services estimated to cost US$200,000 or more. Specific Procurement Notices (SPN) wi l l be required for contracts to be procured under ICB and NCB procedures and for consultant contracts with an estimated cost o f US$lOO,OOO or more to obtain expressions o f interest (EOI) pr ior to the preparation o f the shortlist. SPNs wil l (as a minimum) be published in a newspaper o f wide national circulation. Consultant contracts estimated to cost US$200,000 or more would be advertised in Development Business. Sufficient t ime would be allowed (not less than 30 days) for N C B and for EO1 to allow adequate time to obtain documents and respond appropriately.
Procurement capacity
Procurement under the project would be the responsibility o f the Finance and Administration Department of MLF. Procurement capacity in this department i s inadequate. I t wil l be strengthened with the identification and training o f capable and trainable mainstreamed staff in the MLF prior to project effectiveness. This action wil l be a fol low up o f the recommendation contained in the P A D o f the ongoing GEF-financed Northern Savanna Biodiversity Conservation Project.
Procurement Plans
MLF wil l prepare a Global Procurement Plan (GPP) for the whole project, and a Detailed Procurement Plan (DPP) for the f irst two years o f the project showing contract packages, and for each package i t s estimated cost, procurement method and processing t imes for key activities till completion. The GPP and the DPP wil l be part o f the P I M that will be completed before project effectiveness. The PIM contains the project workplans f rom which the procurement schedules would be derived. The plans wil l be agreed with IDA. Three months prior to the start o f each subsequent fiscal year, MLF will submit up-dated versions o f the GPP, and the annual DPPs in respect o f the fo l lowing year. Each quarter MLF will submit to IDA a procurement monitoring report as part o f the Project’s quarterly progress report.
Procurement Implementation Arrangements
The Finance and Administration Department o f MLF will be responsible for procurement planning and processing o f works and goods contracts and the selection o f consultants. Procurement o f small contracts for miscellaneous items o f supplies [often required for operation and maintenance] would be delegated to project implementing agencies that would fo l low simplified shopping procedures. LAPU will track the accumulation o f contracts under each procurement method and will consolidate the information so as to ensure that the aggregate amounts under the non-ICB procurement methods are not exceeded.
Scope of procurement and procurement methods
Works. IDA funds will not be disbursed for c i v i l works as these will be financed by KfW.
Goods would consist of vehicles (estimated to cost US$2.0 million) and other goods (estimated to cost US$4.4 million) which include, office, audio-visual, survey and other equipment. furniture and
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computers. T o the extent possible, goods that could be procured under one supplier would be grouped into contract packages, and packages estimated to cost the equivalent o f US$200,000 or more would be procured under I C B procedures. Procurement o f goods packages estimated to cost more than US$30,000 but less than US$200,000 [up to an aggregate amount of US$l,OOO,OOO) would be procured by NCB. Goods packages estimated to cost less than US$30,000 (up to an aggregate amount of US$700,000 would be procured by shopping on the basis o f comparison o f quotations f rom at least three eligible and qualified suppliers. Requests for such quotations would include a clear description and quantity o f the goods; submission date, payment terms as wel l as requirements for delivery time and point o f delivery. Goods o f a proprietary nature, may be procured under contracts negotiated directly with the manufacturershppliers or their authorized agents in accordance with the W o r l d Bank procurement guidelines.
Consulting Services (estimated to cost US$7.4 million) would consist o f various studies, f ie ld work, surveys and technical assistance to be carried out by both national and international consultants. As a rule, consulting f i r m s for a l l assignments estimated to cost the equivalent o f US$lOO,OOO or more would be selected through Quality and Cost Based Selection (QCBS) methodology. Assignments estimated to cost the equivalent o f US$200,000 or more would be advertised for EO1 in the United Nations Development Business (UNDB) and in at least one newspaper o f wide national circulation. In addition, EO1 for specialized assignments may be advertised in an international newspaper or magazine. In the case o f assignments estimated to cost between US$lOO,OOO and US$200,000, the assignment would be advertised nationally. The shortlist o f f i r m s for assignments estimated to cost less than US$200,000 may be made up entirely o f national consultants. Foreign consultants who wish to participate would not be excluded f rom consideration. Consultant services estimated to cost less than the equivalent o f US$30,000 may be contracted by comparing the qualifications o f consultants. Auditors and engineers would be selected using Least-Cost-Selection procedures. In case o f assignments requiring individual consultants, the selection would fo l low the procedures stipulated in Section V o f the Consultants Guidelines.
Training Droprams and workshom (estimated to cost USS2.2 million) would be packaged in the project’s annual workplans and budgets and items therein procured using appropriate methods. IDA would review and clear training packages as appropriate.
IDA Review
All goods contracts estimated to cost US$200,000 or more would be subject to IDA’S prior review in accordance with the procedures in Appendix I o f the Procurement Guidelines for Goods and Works. All contracts awarded on basis o f Direct Contracting or Sole Source basis would require pr ior review and clearance o f IDA.
The T O R for a l l consulting assignments irrespective of value of the assignment and a l l Single Source selection would be subject to IDA pr ior review. Consultancy contracts with f i r m s with estimated value o f US$200,000 or more, and consultancy contracts with individuals estimated value o f US$50,000 or more would be subject to pr ior review by IDA in accordance with the procedures in Appendix I o f the Consultants Guidelines.
The objective o f a l l training programs, seminars, workshops etc. would be subject to IDA prior review.
Contracts, which are not subject to pr ior review, would be selectively reviewed by IDA during project implementation and would be governed by the procedures set forth in paragraph 4 o f Appendix I to the relevant Guidelines. NCB documents for works and goods wil l be cleared with the Bank as part o f the
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work plan.
F. PPF
Total
Total( IDA)
Procurement methods (Table A)
(1,869,400) (1,869,400) (3,738,800)
- (250,000) (400,000) (2 15,000) (865,000)
10,860,248 17,450,000 2,927,000 7,708,600 7,988,000 55,068,600 (5,515,000) (820,500) (7,790,000) (2,339,400) (4,045,400) (20,510,300)
Table A. Project Costs by Procurement Arrangements (US$ equivalent)
Note: Figures in parenthesis are the respective amounts financed by IDA N.B.F. = (Non Bank Funding) Le., Funding by other donors
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Prior review thresholds (Table B)
Table B: Thresholds for Procurement Methods and Prior Review'
1. Works I 2. Goods >200,000
<200,000 3. Services a. Firms
b. Individuals
>100,000 <100,000 <30,000
>50,000 <50,000
ICB N C B
QCBS QCBS, LCS
CQ
Individual Selection
Single Source
All None
All Contracts None None
All Contracts None
All Contracts All values 4. Training, Workshops, All Study Tours 5. Incremental Operating Costs 6. Miscellaneous
Total value of contracts subject to prior review: US$6.20 mil l ion
Frequency of procurement supervision missions proposed: One every 6 months (includes special procurement supervision for post-review/audits)
Overall Procurement Risk Assessment: Average
I\ Thresholds generally differ by country and project. Consult "Assessment o f Agency's Capacity to Implement Procurement" and contact the Regional Procurement Adviser for guidance.
- 7 1 -
Annex 6(B): Financial Management and Disbursement Arrangements GHANA: Land Administration Project
Financial Management
1. Summary of the Financial Management Assessment A Financial Management Capacity Assessment was conducted in M a y 2002 to determine whether the Finance and Administration Department, MLF, responsible for the financial management under the proposed Project, has adequate and acceptable financial management capability to undertake the assigned tasks. The assessment included the review o f the agency’s accounting system o f recording and reporting, internal controls and auditing arrangements.
Country Issues
A Country Financial Accountability Assessment (CFAA) was conducted for Ghana in 2000. An exercise i s currently under way to update the assessment in the light o f actions taken by the Government to improve the public financial management systems. The previous findings clearly identified the main accountability issue in Ghana to include: (i) fragmented legal framework and lack o f enforcement o f existing penalties for noncompliance; (ii) ineffective and inefficient internal auditing functions; (iii) weak human resource capacity because o f poor public sector remuneration; and (iv) weak payroll and pension control systems. It i s believed that actions taken so far by Government wil l lead to elimination or improvement o f these weaknesses.
Based o n the CFAA findings, assessment o f the financial management systems o f the Ministry responsible for the implementation o f the project and knowledge o f the sector and country, a summary o f the risk analysis i s provided below.
Implementing Agency
The Finance and Administration Department, MLF i s presently managing the finances o f the ongoing Natural resources Management Project (NRMP) financed by IDA and other donors and the Northern Savanna Biodiversity Conservation Project (NSBCP) financed by GEF. The accounts unit i s headed by a qualified accountant, and assisted by four other accounting staff with varying degrees o f accounting qualifications. All the staff have been trained in Wor ld Bank disbursement procedures and performance under the current projects i s satisfactory.
The unit has an accounting manual approved by IDA, which documents the accounting system and reporting requirements under NRMP and the NSBCP. The computerization o f the accounting system has just been completed and tested and in use for the NRMP and NSBCP. This would be modified to incorporate activities to be covered under the proposed project. The present financial management arrangements are considered acceptable since they are capable o f recording correctly a l l transactions undertaken by the project. The system also assures adequacy o f maintenance o f underlying records and supporting documents which fo rm the basis for the preparation o f regular and reliable financial statements and other similar reports, safeguard the project’s assets, and are subject to auditing arrangements acceptable to IDA.
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Summary of Risk Analysis
Risk Inherent Risks:
a) N o n compliance o f statutory regulations and non enforcement o f penalties.
Country
b) Inadequacy o f legal framework to regulate internal audit functions in countrv.
Overall Inherent Risk Control Risk
Staffing o f the Agency
a) Inadequate human resource capacity o f the required gov’t f inancial staff to manage projects.
Funds Flow
Delays in accounting for funds transferred to various implementing agencies results in the slow down o f subseauent releases. Internal Audit
N o professional internal audit (IA) function. Government IA is l imited to pre-auditing, with n o added value External Audit
Likely, project audit reports will be submitted late.
Reporting and Monitoring
Delays in the submission o f project and financial monitoring reDorts. Information Systems
Computerized systems are not fully used due to poor training, and inadequate support.
Overall Control Risk
Risk Rating
S
H S
N
M
S
M
M
M
M
Risk Mitieation Measure Government i s modernizing i t s systems. In addition it needs to institute measures that ensure the update and enforcement o f penalties for non compliance.
Government will seek donor assistance to address this weakness.
The Controller and accountant’s General’s Department periodically seconds qualif ied staff t o the ministries. In the absence, the project will supplement by recruiting qualif ied staff to address this weakness.
Funds management will be centralized, with releases to implementing agencies being l imited to imprest amounts for incremental oDerating cost.
The project has outlined in its accounting manual an expenditure approval processes which ensures that only legitimate expenditures will be paid for by the project.
Auditors would be in place prior to credit effectiveness and non compliant auditors would be changed. The t imely submission o f audit reports would also be part o f the financial controller’s performance measurement. The accounting system i s n o w computerized and this should improve the timeliness o f the submission o f the financial monitoring reDorts.
All staff would be trained, and a program put in place to train new staff when ever they jo in . Have a maintenance service contract in place.
The project will operate a centralized system o f funds management and there wil l be n o elaborate f low o f hnds to other implementing agencies. The use o f funds by the implementing agencies will be l imi ted to
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imprest releases for their incremental operating activities. Based o n the assessment o f the financial management systems in place under the implementing arrangements proposed, there wil l be the need for minor additions and modifications to the Ministry’s present financial systems as indicated in the action plan.
Strength
The significant strengths that provide a basis o f reliance o f the project financial management system include: (i) the presence o f a qualified accountant as head o f the finance and accounts unit with overall responsibilities for project financial management; (ii) the presence o f an accounting and financial procedures manual which have been used to manage the on-going N R M P and the NSBCP; (iii) accounting staff have a l l received training in Wor ld Bank disbursement procedures; (iv) an operational accounting software for use, with capability to produce financial monitoring reports; and (v) the unit’s experience in producing financial monitoring reports for the NRMP.
Funds Flow Arrangements
The MLF would open a U S dollar Special Account at a commercial bank acceptable to the Bank into which IDA funds would be lodged. In addition, a Cedi account would be opened at the Bank o f Ghana into which GoG counterpart funds released for the project would be lodged. T o ensure smooth implementation o f the project separate Cedi Bank Accounts would be opened by each o f the project Implementing Agency at commercial banks. The project wil l operate a centralized funds management system, so the participating implementing Agencies would operate o n imprest system o f accounting. The MLF would release GoG counterpart funds to the agencies Cedi Accounts based o n forecast cashflow statements prepared quarterly in advance. O n completion they would submit their returns for reimbursement. Further transfer o f funds to the agencies would then be made f rom the IDA Special Account to the implementing agencies o n approved SOEs submitted for reimbursement. Major payments for c i v i l works, goods and consultancy services and training would be done by the accounts unit, MLF, upon request f rom the agency incurring the expenditure. The preparation and submission o f withdrawal applications to IDA for reimbursements would be prepared by the accounts unit, MLF.
Reporting and Monitoring
The Wor ld Bank has introduced a new initiative, the Financial Management Init iative (FINMI). FINMI requires projects to prepare quarterly financial monitoring reports (FMRs) in the areas o f finance, procurement including contract details, and project progress.
Ouarterly Financial ReDorts: would consist o f Sources o f Funds and their Uses, Statement o f Uses o f Funds by Project Components and Activities, Special Account Reconciliation statement and a six-months Project Cash Forecast where necessary;
Ouarterly Proiect Progress ReDort: Management and on Unit o f Output by project activity;
would consist o f Output Monitor ing Report o n contract
Ouarterlv Procurement Management Report would consist o f procurement process monitoring for goods and works and that for consultants’ services, and contract Expenditure reports for goods, works and consultants’ services.
Computerization o f the accounting system o f NRMP, under the Ministry, has been completed and FMRs
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(formally PMRs) are now being generated by the system. MLF's accounting system which would be used for the implementation o f the project has the capacity to generate the FMRs, and the system would be modif ied to enable i t produce the FMRs for the Land Administration Project at the start o f project implementation.
1. Works 2. Goods
3, Consulting Services
2. Audit Arrangements
5.70
6.65 90%
100% o f foreign and 90% o f local expenditures
Independent and qualified external auditors acceptable to IDA would carry out the audit o f the project. The selection o f auditors shall be o n competitive basis in accordance with the Wor ld Bank's guidelines and would be in place by effectiveness o f the project. The project accounts, SOEs and the special account would be audited by the selected independent auditors who wil l be acceptable to IDA. The auditors' reports and opinions in respect o f each o f these statements o f accounts would be furnished to IDA within six months o f the close o f each fiscal year.
5. Incremental Operating Costs 6. PPF 7. Unallocated
3. Disbursement Arrangements
3.37 90% 0.87 100% 1.96
The proceeds o f the credit would be disbursed over a five-year period. A period o f four months after closing date would be allowed to make disbursements for expenditures incurred until the closing date o f the credit.
Total Project Costs with Bank Financing
Total
Allocation of credit proceeds (Table C)
~~
20.50
20.50
Table C: Allocation of Credit Proceeds
Expenditure Category I Amount in US$million I Financing Percentage
14. Training, Workshops and Study Tours 1.95 100% o f foreign and 90% o f local emenditures
Use of statements of expenditures (SOEs):
Disbursements for a l l expenditures would be against full documentation, except for items o f expenditures under contracts and purchase orders below U S $ 100,000 equivalent each, for works, goods and consulting f i rms, and US$50,000 for consultant services (individuals), training and incremental costs for which disbursements would be based o n statement o f expenditures (SOEs). Supporting documentation for SOEs would be retained by the Borrower (GOG) for review by IDA missions and external auditors.
Special account: To facilitate disbursements, a Special Account for the Ministry o f Lands and Forestry would be
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established and operated in US$ at a commercial bank, under terms and conditions satisfactory to the IDA. Upon credit effectiveness, a sum o f US$1.5 mi l l ion would be deposited by the Bank into this account. Further deposits would be made into this account against withdrawal applications supported by appropriate documentation.
Action Step
Revise Accounting Manual o f MLF to accommodate L A P Project accounting requirements M o d i f y computerized accounting
Project Account (PA)
Due Date Responsibility or Action By
08/30/03 Financial Controller
09130103 Financial Controller
The Borrower wil l establish a Project Bank Account for financing i t s counterpart funds with an in i t ia l deposit o f US$50,000. Major procurement and consulting contracts would be financed f rom these accounts. However, operating expenses o f implementing agencies and workshops and training organized by them will be financed by release o f imprest to be accounted for on a regular basis with supporting records and documents. The details o f the procedures to be followed for accounting and reporting by implementing agencies are documented in the Financial Manual.
Appoint external auditor
Opening Special Account (with signatures, etc.)
Table D. Action Plan Agreed at Appraisal
09/15/03 MLF / Financial
Before request for in i t ia l Economic Planning /
Controller Ministry o f Finance and
deposit MOFEP -FC
- 1
2
3
4
system to include accounts codes o f new txoiects
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Annex 7: Project Processing Schedule GHANA: Land Administration Project
Time taken to prepare the project (months)
First Bank mission (identification) 12 15 11/01/2003
Appraisal mission departure
Negotiations
Planned Date of Effectiveness
Prepared by: The Ministry o f Lands and Forestry, Govemment o f the Republic o f Ghana
09/27/2002 01/06/2003 0 11 1412003 04/28/2003 1013 112003
Preparation assistance: Japanese Population and Human Resources Development (PHRD) Grant; and FAOICP Technical Assistance.
Bank staff who worked on the project Name
Solomon Bekure (AFTS4) John Bruce (LEGEN) Wael Zakout (EASRD) Dan Aronson (ASPEN) Naima Hasci (AFTS2) S. Omar Fye (ASPEN) Edward F. Dwumfour (AFTS4) Patience Mensah (AFTS4) Lucie Tran (AFTS3) Mbuba Mbungu (AFTPC) Tsri Apronti (AFTPC) Fred Yankey (AFTFM) David Webber (LOAG1) Karen Hudes (LEGAF) Smile Kwawukume (AFTPR) Guo Li (EASRD) Daniel Boakye (AFTP4) Beatrice Spadacini (EXTCD) Azra Lodi (AFTS3) Joseph Ellong (AFTS4) Rose Ampadu (AFC 10)
ncluded:
Task Team Leader Land Policy and Legislation Cadastral Survey and Land Titl ing Social Assessment Social Assessment Environmental Assessment Environmental Assessment Monitoring and Evaluation Program Cost Analysis Procurement Procurement Disbursement Disbursement Country Lawyer Public Sector Economic and Financial Analysis Economic and Financial Analysis Development Communications Strategy Document Processing Document Processing Team Assistance
Speciality
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Annex 8: Documents in the Project File* GHANA: Land Administration Project
A. Project Implementation Plan
1. Ghana Land Administration Project: Environment Impact Assessment. Ministry o f Lands and Forestry. February 2003.
2. Ghana Land Administration Project: Project Implementation ManuaLMinistry o f Lands and Forestry. March 2003,
3. Ghana Land Administration Project: Project Preparation Report Volumes I and 11, prepared by Land Sector Planning Committee, Ministry o f Lands and Forestry and Hatch Associates Pty. Ltd., March 2002.
4. Ghana Land Administration Project: Resettlement Policy Framework. Ministry o f Lands and Forestry. February 2003.
B. Bank Staff Assessments
1, Ghana Land Administration Project: Social Assessment, January 2002.
C.
1.
2.
3.
4.
5.
6.
7. 8.
9.
10. 11.
12.
13.
14.
Other
Kasim Kasanga: Land Tenure and the Development Dialogue. Department o f Land Economy, Cambridge University 1988. John Bruce and Shem Migot-Adholla Editors: Searching for Land Tenure Security in Africa. The W o r l d Bank 1994. Kasim Kasanga: The Role o f Chefs and Tendamba in Land Administration in Northern Ghana. The Royal Institute o f chartered Surveyors, June 1996. Kasim Kasanga, Jef f Cochrane, Rudith King and Michael Roth: Land Markets and Legal Contradictions in the Peri-Urban Area o f Accra, Ghana: Informal Interviews and Secondary Data Investigations, Land Tenure Center, University o f Wisconsin M a y 1996. Michael Mortimore: History and Evolution o f Land Tenure and Administration in West Africa, Intemational Institute for Environment and Development: M a y 1997. Land Security and the Poor in Ghana - I s there a Way Forward? A Land Sector Scoping Study, by L i z Alden Wily and Daniel Hammond for DFID Ghana Rural Livelihoods Programme. October 2001. Ministry o f Lands and Forestry: National Land Policy, June 1999. Kasim Kasanga: Land Tenure and Regional Investment Prospects: The Case o f the Tenurial Systems o f Northern Ghana. Institute o f Land Management and Development, University o f Science and Technology, Kumasi, September 1999. Kasim Kasanga: Land Policy and National Development in Ghana. Center for Democracy and Development, Ghana. October 2000. Ministry o f Lands and Forestry: Land Records Storage and Management Study. M a y 1998. Ministry o f Lands and Forestry and the Wor ld Bank: Ghana Urban Land Administration Study, M a y 1998. International Inst i tu te for Environment and Development: Land Tenure and Resource Access in West Africa: Issues and Opportunities for the Next Twenty Five Years. 1999 London, Philippe Lavigne Delvil le: Harmonizing Formal L a w and Customary Land Rights in French-Speaking West Africa. International Institute for Environment and Development June 1999. Center for Democracy and Development, Ghana: Corruption and Other Constraints on the Land Market and Land Administration in Ghana: A preliminary Investigation. 2000.
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15. Kasim Kasanga and Nii Ashie Kotey: Land Management in Ghana: Building on Tradition and Modernity. Land Tenure. International Institute for Environment and Development. February 200 1.
16. S.E Migot-Adholla, Frank Place, George Benneh and Steven Atsu. L a d Use Rights and Agricultural Productivity o f Ghanaian Farmers. The Wor ld Bank Draft Undated Manuscript.
17. Isac Bonsu Karikari, John Stil lwell and Steve Carver: GIS Application to Support Land Administration Services in Ghana: Institutional Factors and Software Development. Working Paper 02/02 School o f Geography, University o f Leeds.
*Including electronic files
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Annex 9: Statement of Loans and Credits GHANA: Land Administration Project
2 6 - Jun-2 003 Difference between expected
and actual disbursements' Original Amount in US$ Millions
Project ID FY Purpose IBRD IDA GEF Cancel. Undisb. Orig Frm Rev'd P 0 7 3 6 4 9 2003 HEALTH SECTOR PROGRAM SUPPORT PROJEC 0.00 57.30 0.00 0.00 96.11 0.00 0.00
PO76808 PO71399 PO67685 PO50623 PO00968 PO71617 P 0 5 0 6 2 4 PO69465 PO50616 PO50615 PO40557 PO40659 PO00974 P 0 0 0 9 7 0 PO00946 PO45188 PO41150 P 0 4 5 5 8 8 PO00973 PO42516 PO00926
2003 GH PRSC I 0.00 2003 Promoting Partnerships with Traditional 0.00 2002 Ghana:GEF- Northern Savanna ~ TF050723 0.00 2002 GH ROAD SECTOR DEVELOPMENT PROGRAM 0.00 2001 AGRIC SERVICES 2001 Ghana AIDS Response Project (umbrella) 2000 URBAN5 2000 RURAL FINANCIAL SERVICES PROJECT 2000 COMMUNITY WATER II 1999 PUBSECTOR MNGT.PROG 1999 ERSOII 1999 COMMUNITY DEV. 1999 NAT FUNC LIT PROG 1999 TRADE GATEWAY 8 INV. 1998 NAT.RES.MANAGEMENT 1998 GH:FOREST BIODIVERSITY 1997 VILLAGE INFRASTRUCTURE 1997 PUB. FIN. MGMT. TAP 1996 URBAN ENVIRONMENTAL SANITATION 1996 PUBLIC ENTERPRISE/PR 1995 GH THERMAL (P-VII)
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
88.00 5.00 0.00
220.00 67.00 25.00 10.83 5.13
25.00 14.30
178.20 5.00
32.00 50.50 9.30 0.00
30.00 20.90 71.00 26.45
175.60
0.00 0.00 127.98 0.00 0.00 0.00 0.00 5.22 0.00 0.00 7.90 0.00 7.97 2.63 0.00 0.00 0.00 229.59 40.92 0.00 0.00 0.00 59.58 74.04 0.00 0.00 0.00 18.56 -8.84 0.00 0.00 0.00 5.88 5.41 0.54 0.00 0.00 4.75 14.67 0.00 0.00 0.00 17.23 -8.70 0.00 0.00 0.00 2.95 3.17 0.00
0.00 18.41 28.51 0.45 0.00 0.00 0.00 3.98 3.76 0.86 0.00 0.00 24.03 12.82 5.16 0.00 0.00 27.23 20.29 0.00 0.00 0.00 0.35 0.61 0.00 8.90 0.00 6.50 4.26 0.00 0.00 0.00 8.93 10.32 0.00 0.00 0.00 1.07 2.72 0.00 0.00 0.00 3.14 10.40 4.73 0.00 0.00 6.37 8.06 0.00 0.00 0.00 23.57 27.41 26.70
Total: 0.00 1116.51 16.80 18.41 709.51 224.42 38.00
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GHANA STATEMENT OF IFC's
Held and Disbursed Portfolio May 30 - 2003
In Mil l ions U S Dollars
Committed Disbursed IFC IFC
FY Approval Company Loan Equity Quasi Partic Loan Equity Quasi Partic 1993 AEF Afariwaa 0.16 0.00 0.00 0.00 0.16 0.00 0.00 0.00
2000 AEF Computer Sch 0.15 0.00 0.00 0.00 0.15 0.00 0.00 0.00 2001 AEF GPPI 1.70 0.00 0.00 0.00 1.70 0.00 0.00 0.00 1998 AEF NCS 0.00 0.00 0.53 0.00 0.00 0.00 0.53 0.00 1997 AEF PTS 0.00 0.00 0.31 0.00 0.00 0.00 0.31 0.00 1999 AEF PharmaCare 0.18 0.00 0.00 0.00 0.18 0.00 0.00 0.00 1994 AEF Shangri-la 0.93 0.00 0.00 0.00 0.93 0.00 0.00 0.00 1996 AEF Tacks Farms 0.43 0.00 0.00 0.00 0.43 0.00 0.00 0.00
2001 Diamond Cement 5.00 1.00 0.00 0.00 0.00 0.00 0.00 0.00
GAGL 0.00 0.00 3.26 0.00 0.00 0.00 3.26 0.00 199019 1/96 GHANAL 0.00 0.44 0.00 0.00 0.00 0.44 0.00 0.00 1991 Ghana Leasing 0.00 0.73 0.00 0.00 0.00 0.73 0.00 0.00
MFI SSLC 0.00 0.49 0.00 0.00 0.00 0.49 0.00 0.00 1992193 2001
1995 AEF Antelope Co. 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
1989191193 Cont Acceptances 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
2000 ELAC 0.00 0.10 0.00 0.00 0.00 0.10 0.00 0.00
Total Portfolio: 8.55 2.76 4.10 0.00 3.55 1.76 4.10 0.00
Approvals Pending Commitment
FY Approval Company Loan Equity Quasi Partic 2000 GAGL IV-Restr 0.00 0.54 0.00 0.00
Total Pending Commitment: 0.00 0.54 0.00 0.00
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Annex I O : Country at a Glance GHANA Land Administration Project
POVERTY and SOCIAL
2001 Population, mid-year (millions) GNI per capita (Atlas method, US$) GNI (Atlas method, US$ billions)
Average annual growth, 1995-01
Population (%) Labor force (%)
Most recent estimate (latest year available, 1995-01) Poverty (% of population below national poverty line) Urban population (% of total population) Life expectancy at birth (years) Infant mortality (per 1,000 live births) Chiid malnutrition (% of children under 5) Access to an improved water source (% ofpopulation) illiteracy (% of population age 75+) Gross primary enrollment (% of school-age population)
Male Female
KEY ECONOMIC RATIOS and LONG-TERM TRENDS 1981
GDP (US$ billions) Gross domestic investmenffGDP Exports of goods and serviceslGDP Gross domestic savingslGDP Gross national savingslGDP
Current account balancelGDP Interest paymentslGDP Total debffGDP Total debt servicelexports Present value of debffGDP Present value of debffexports
4.2 4.6 4.0 4.0 3.7
-12.0 0.7
36.4 14.2
1981-91 1991-01 (average annual growth) GDP 4.0 4.2 GDP per capita 0.3 1.9 E X D O ~ ~ S of aoods and services 4.9 10.4
Ghana
19.7 290 5.7
2.2 2.5
36 57 50 25 64 27 70 02 74
1991
6.6 15.9 17.0 7.3 0.0
-6.9 1 .o
66.4 27.1
2000
3.7 1.3
-2.3
Sub- Saharan
Africa
674 470 317
2.5 2.6
32 47 91
55 37 70 85 72
2000
5.0 23.7 49.2
3.3 13.4
-12.1 2.4
133.6 19.1 70.8
160.0
2001
4.0 1.9
Low- income
2 3 1 1 430
1,069
1.9 2.3
31 59 76
76 37 96
103 08
2001
5.3 24.0 52.2
5.0 17.0
-1 1.4 1.5
126.2 15.3
2001-05
5.0 3.5
0.3 2.0
Development diamond'
Life expectancy
-
Gross primary
capita enrollment
1
Access to improved water source
- Ghana Low-income group
Economic ratios*
Trade
L
Indebtedness
- Ghana Low-income group
STRUCTURE of the ECONOMY
(% of GDP) Agriculture Industry
Services
Private consumption General government consumption Imports of goods and services
Manufacturing
(average annual growth) Agriculture Industry
Services
Private consumption General government consumption Gross domestic investment Imports of goods and services
Manufacturing
1981 1991
53.1 45.5 9.2 17.0 0.0 9.3
37.0 37.5
07.2 03.2 0.0 9.5 5.3 25.5
1981-91 1991.01
1.7 3.5 5.6 3.0 6.2 -1.2 6.5 5.3
3.9 4.0 2.7 5.5 6.3 1.4 4.1 10.3
2000
35.3 25.4
9.0 39.3
01.4 15.3 69.6
2000
2.1 3.0 3.7 5.1
-2.2 20.1
-19.1 -17.3
2001 1 Growth of investment and GDP (%) c 35.9 ' 2o 25.2 1 0
30.9 1-20 9.2
I 70.7 1-40- 15.6 70.5 -GDI +GDP
[Growth of exports and imports (%) L
-1.1 -Exports +Imports 2.0 I
~ ~ ~~~~
. . . . - . - Note: 2001 data are preliminary estimates.
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Ghana
PRICES and GOVERNMENT FINANCE
Domestic prices (% change) Consumer prices Implicit GDP deflator
Government finance (% of GDP, includes current grants) Current revenue Current budget balance Overall surplusldeficit
TRADE
(US$ millions) Total exports (fob)
Cocoa Timber Manufactures
Total imports (cifl Food Fuel and energy Capital goods
Export price index (1995=100) Import price index (1995=100) Terms of trade (19951100)
BALANCE of PAYMENTS
(US$ millions) Exports of goods and services Imports of goods and services Resource balance
Net income Net current transfers
Current account balance
Financing items (net) Changes in net reserves
Memo: Reserves including gold (US$ millions) Conversion rate (DEC, local/US$)
EXTERNAL DEBT and RESOURCE FLOWS
(US$ millions) Total debt outstanding and disbursed
IBRD IDA
Total debt service IBRD IDA
Composition of net resource flows Official grants Official creditors Private creditors Foreign direct investment Portfolio equity
World Bank program Commitments Disbursements Principal repayments Net flows Interest payments Net transfers
1981
116.5 75.6
6.6 -5.2
1981
1981
830 1,246 -416
-88 -4
-508
472 36
17.2
1981
1,539 129 111
119 12 1
34 79 -3 16 0
28 31 5
26 9
17
1991
18.1 20.0
20.8 9.5 1.7
1991
998 347 124
1,412 39
175 247
84 79
107
1991
1,098 1,652 -554
-119 219
-454
625 -171
367.8
1991
4,380 103
1,522
300 21 12
470 353
35 20
0
168 199
14 185
19 167
2000
25.0 27.2
18.6 0.1
-9.1
2000
2,189 452 199
3,608
232
101 79
127
2000
2,418 3,525
-1,107
-147 650
-605
632 -27
224 5,455.1
2000
6.648 9
3,130
467 9
47
226 179 -59 110
17
93 204
33 171 23
148
2001
33.0 34.6
20.6 1.2
-10.0
2001
2,380 503 215
3,781
257
106 83
129
2001
2,452 3,554
-1,103
-178 788
-602
681 -79
431 7,170.8
2001
6,690 6
3,172
380 4
59
223 76
433 193 37
156 25
130
"'I 1 ' 96 97 98 i 9 00
-GDP deflator *CPI
1 Export and import levels (US$ mill.)
14,000 -
1 95 96 97 98 99 00 01
a Exports Imports I
1 Current account balance to GDP (%)
1-20 1
~~~~ ~~~ ~
Composition of 2001 debt (US$ mill.)
I G: 604 A:
D:544 c:284
A - IBRD B . IDA D ~ Other multilateral F ~ Private C ~ IMF
E - Bilateral
G - Short-tern
Note: I nis table was prooucea rrom me ueveiopment tconomics central a a t a b a s b
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Additional Annex 11 : Environmental Impact Assessment GHANA: Land Administration Project
Background
An environmental screening o f the project’s potential environmental impacts o n human populations or environmentally important areas was undertaken at the early stage o f project preparation. The project was classified as Category B, reflecting the l o w degree o f the perceived environmental risks associated with it. An environmental impact assessment (EIA) o f the project was conducted under the auspices o f an international firm that collaborated with the Borrower in preparing the project proposal (Working Paper 13 o f the Project Proposal).
EIA Findings
The general conclusion o f this assessment i s that the project i s expected to have positive environmental and social impacts including improved land administration and management, security o f tenure and ownership, sanity in the land market, and land resource management. As shown in Attachment 1, environmental and social risks to air, ecology and biodiversity, human health and safety were found to be l imi ted in scope and negligible in magnitude.
Land Titling: The project envisages n o involuntary acquisition o f land. Neither the allodial land demarcation, systematic land titling nor the c iv i l works components would lead to any physical displacements or dislocation o f people and communities or loss o f assets and incomes or loss o f access to assets. I t i s however, l ikely that there could be some instances o f conflicts where titles and boundaries are disputed, particularly among landowners and claimants to titles. Even before the proposed project i s implemented, the Borrower has secured assistance from GTZ to establish alternative land dispute resolution mechanisms. This would be tested and improved at the pre-implementation phase and applied in resolving disputes that would arise during the implementation o f the proposed project.
Proper boundary demarcation and titling system operating under an improved judic ia l system and alternative conflict resolution mechanisms as envisaged under the project should lead to reduced conflicts, and improved security o f tenure and ownership, land administration and management, biodiversity conservation and sustainable resource use. Improved security o f tenure and ownership would result in good governance and improvement in the land market, small-holder farm productivity and incomes for the rural poor. The EIA reveals that the project would result in the creation o f short- to medium-term j o b opportunities for both skilled and unskilled labor. For the construction works, boundary surveys and tilting skilled professionals and artisans in fields such as c i v i l engineering, architecture, surveying, carpentry, masonry, draughtmanship, etc. would be employed. The project would also provide opportunities for food vending by rural women.
Civil Works: T o avoid any social problems, the Borrower has agreed to select sites, for the c iv i l works under the project, on lands owned by the state or the customary land authorities where there are no occupancy or squatter problems, or where ownership i s not in dispute. The Borrower also has agreed that, in the event the proposed c i v i l works may affect people’s livelihood, it would develop and implement a resettlement pol icy framework acceptable to the Bank. The EL4 showed that the c iv i l work component would not affect water systems since construction sites would be chosen considerable distances away f rom water bodies. During the construction phase, the use o f heavy equipment and construction vehicles and the removal o f topsoil, tipping and stockpiling o f sand and stone could increase the level o f dust around the construction sites. However, given the type o f c iv i l works and other physical infrastructure to be constructed, i t i s unl ikely that the quality o f air would be adversely impaired through potential emissions o f fumes (hydrocarbons), smoke, dust and particulates f rom asphalt plants, vehicles, equipment
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and other machinery beyond the work sites. Vehicular movement and other construction activities such as excavation, drilling and concrete mixing could result in increases in noise and vibration levels, albeit minimal, above acceptable national standards. Besides, c i v i l work activities at any o f the selected sites could result in the generation o f waste - both solid and liquid - in the form o f excavated soils, pieces o f discarded wood and blocks, paper, nails, glass, plastics, spilled or discarded o i l and lubricants, human urine and excreta. These activities could lead to temporary landscape modifications and reduced aesthetics or pose a danger to humans.
The impact o f construction on air quality, noise and vibration levels, aesthetics, human health and safety could be prevented, minimized or mitigated by adherence to the manufacturer’s specifications with regard to maintenance o f equipment and machinery. The effective compliance and enforcement o f ambient noise levels as indicated in the Environmental Protection Agency (EPA) standards and guidelines i s crucial in preventing any human health problems. Regular dousing o f the site with water would contribute to reduction in levels o f dust emissions. The assessment report recommends that pollution abatement measures should focus on compliance and enforcement o f national safety and quality standards as we l l as waste disposal guidelines. As part o f the preventive and mitigation measures, the implementing agency, Ministry o f Lands and Forestry (MLF) in collaboration with EPA would ensure that the contractor provides proper sanitary facilities such as portable toilets and waste containers at the construction site for use by the workers and vendors to store petroleum derivatives (fuel, waste o i l and lubricants), and prevent indiscriminate defecation and pollution o f nearby environs. For prevention o f leaks and spillages f rom large quantities o f storage these facilities would have to have properly fitted o i l traps. Additionally, the building contractor would be obliged to provide workers on site with protective clothing such as ear stuffers, nose masks, helmets and boots, that would have to be worn on a mandatory basis. In order to prevent workers f rom fall ing f rom heights due to faulty scaffolds, these would be periodically inspected to check o n their strength status. MLF would also ensure that the contractor provides a well-stocked first aid box to cater for minor injuries and illness at the construction site.
I t i s unlikely that the proposed c iv i l works would impact adversely o n the ecology and biodiversity o f the sites. The Borrower agrees to site a l l c i v i l works in already built up areas where the original ecology has already been irreversibly influenced and biodiversity conservation, particularly plant and ecosystem conservation i s currently not relevant. The Borrower agrees to ensure that the perimeters o f the c i v i l works are cleaned up o f a l l debris and restored to a form similar to the original status before commencement o f work. Construction sites would be planted up with grass and amenity trees to offer the sites acceptable levels o f vegetation cover and aesthetics. The assessment revealed that it i s also l ike ly that improper boundary demarcations and non-conformity to land use planning and development schemes formulated by the Ghana Town and Country Planning Department o f the Ministry o f Science and Technology could result in unacceptable landscape/ecosystem modification, albeit insignificant.
Institutional Assessment: The EIA also involved an assessment o f institutional capacities in country to ensure that key EIA-related functions including review o f the EM, environmental monitoring, compliance (inspection) and enforcement, or management o f preventive and remediation measures for the proposed project are implemented and monitored. The Government o f Ghana has adopted a comprehensive National Environmental Policy (1 99 l), which aims at ensuring sound management o f resources and the environment and to avoid any exploitation o f these resources in a manner that might cause irreparable damage to the environment. The pol icy endorses the preventive approach to environmental management and emphasizes the need to promote socio-economic development within the context o f prescribed acceptable environmental standards and safeguards. In addition, the state in 1994 through the enactment o f the Environmental Protection Agency A c t (Act 490) established an effective environmental impact assessment frameworkkystem, giving responsibility to the Environmental
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Protection Agency (EPA) to ensure compliance with any la id down environmental impact assessment procedures in the planning and execution o f development programs and projects, including even compliance in respect o f existing initiatives. The Ghana Environmental Assessment Regulations, L.1 1652 promulgated in 1999 gave complete legal backing to the procedures under which the EPA ensures environmental management in the country. L.I. 1652 requires that a l l significant adverse impact scale developments (currently 17 types are classified) are subject to an environmental impact assessment. These include mining, petroleum and gas f ie ld development, construction o f dams, harbors and roads, logging and waste disposal. In pursuance o f i t s statutory role, the EPA has developed acceptable national standards and guidelines for water and air quality and ambient noise level monitoring.
The E M also revealed the technical capacity o f project-affected organizations to implement and monitor the mitigation plan. The findings show that the Borrower’s designated authority with responsibility for environmental management in the country, the EPA, i s wel l positioned to oversee the implementation and monitoring o f the EM-related functions mentioned above under LAP. The corporate structure o f the EPA includes two long-established and efficient units namely, the Environmental Assessment Unit and the Inspectorate Unit with long experience in EIA-related activities. These units would appoint qualified professionals to handle issues related to EIA implementation and monitoring under the proposed project. In addition, the project would have access to staff o f the E P A regional offices, who would be available for ensuring effective implementation o n site o f the various EIA-related activities under the environmental and social mitigation plan. The EIA revealed, however, that capacities within the land sector agencies and the Ministry o f Lands and Forestry for implementing EIA-related functions i s inadequate and that their capacity would have to be strengthened through short courses and training for selected staff f rom project-affected public sector organizations. Training should start quite early in the implementation phase and continued throughout the l i fe o f the project.
The EPA, in consultation with MLF, as the implementing agency on behalf o f the Government o f Ghana, has agreed to report, within the broad frame o f project M&E, on (i) compliance with the measures agreed with the Bank o n the basis o f the findings and results o f the EIA, (ii) the status o f remediation measures, and (iii) the findings o f monitoring programs. The Government o f Ghana fully understands that monitoring information would assist to evaluate success o f mitigation measures as part o f the overall project supervision, and al low corrective actions to be taken when needed. The M&E o f the environment mitigation plan would be integrated with the project’s overall design, budget, implementation, and M&E.
Stakeholder Consultation: During the project identification and the EL4 process, the Ministry o f Lands and Forestry consulted widely with project-affected groups @.e., farmers, tenants, landowners, traditional authorities, judicial and legal services, Attorney General’s Office, public and private sector organizations, research and academia, women and youth), community-based organizations and national nongovernmental organizations about the project’s environment aspects and took their views into account in finalizing the EM. The Borrower would continue the consultation process with such groups throughout the project’s implementation as necessary to address EM-related issues that affect them, particularly during the implementation o f the c iv i l works component.
The EIA assessment indicated that the project preparation team provided relevant material (e.g., Project Information Document, Project Concept Document, draft versions o f the EA reports) t o project-affected groups, CBOs and NGOs pr ior to consultation. The MLF wil l officially disclose the draft EA to these entities through advertisement in two local daily newspapers - The Dai ly Graphic and The Ghanaian Times. In addition, a one-day national workshop wil l be held in Accra. Kumasi and Tamale for public and private sector organizations, research and academia, traditional authorities, nongovernmental organizations and other c iv i l society groups and the views expressed during the sessions wil l be
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incorporated into the f inal EIA report. On the basis o f the findings f rom the analysis o f extent o f perceived impacts the consultants prepared an environmental management plan detailing time bound actions to prevent, minimize or mitigate potential risks. The total cost for monitoring the environment mitigation plan has been estimated at US$lOO,OOO and would be incorporated into the budget for the overall M&E.
Health and Safety Employment-and Income Conflicts
Summary of magnitude of impacts and benefits
0 0 -1 0 0 +2 +3 0 0 -1 0 -1
Scores: Impacts are scored o n a basis o f 0 to a maximum o f 3. The numbers reflect the magnitude o f the impact, where “1” i s a slight, insignificant impactbenefit, “2” a moderate impactbenefit and 3 a significant impactbenefit. A “0” indicates that no adverse impact i s expected. Benefits are indicated by a positive (+) s i g n and adverse impacts by a negative (-) s ign.
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Additional Annex 12: Social Assessment GHANA: Land Administration Project
Background
As a prelude to project preparation, a rapid social assessment (RSA) was conducted to identify the key stakeholders o f the proposed project, their issues and concerns which the Project Preparation Team should consider in designing the project, and to obtain qualitative information to assess whether the in i t ia l ly proposed project concept and i t s key components are acceptable to them. Among the foremost concerns o f the R S A was to determine whether customary authorities, under whose stewardship 80 percent o f the country’s lands lie, wi l l recognize the need for the project, accept i t s importance and usefulness to their roles and responsibilities as custodians o f the lands, and commit themselves to support and participate in the design and implementation o f the proposed project. Their support was considered crucial and a critical risk in the in i t ia l project concept document.
K e y findings f rom the RSA were presented to senior management o f the Ministry o f Lands and Forestry, heads and staff o f the public sector land agencies, Greater Accra-based Customary Heads o f Stools and Family lands, c i v i l society and the private sector (surveyors and realtors). The Team Leader and some members o f the Project Preparation Team attended the R S A findings validation meeting. The discussion that ensued further enriched the findings. The key findings o f the R S A were analyzed for each o f the major stakeholders. The interests o f the stakeholders, the positive impacts o f the project, i t s possible negative impacts or r isks and possible mitigation measures for these are summarized in a matrix f o rm in Attachment 1. Highlights o f the RSA findings are presented below.
Land Ownership and Administration
There are four categories o f land ownership in Ghana governed by both customary practices and enacted legislation. These are: (a) state lands, compulsorily acquired by the government through the invocation o f appropriate legislation and held in trust for the entire people o f Ghana; (b) private lands belonging to stools , skin or fami ly communities, and held in t rus t o n their behalf (by chiefs, tendana, family heads, etc.); (c) vested lands, belonging to stools or skins, but vested in the State in trust for the people o f the stool or skin or fami ly f rom which i t was vested; and (d) private lands given or sold as freehold by stools, skins and families to individuals, corporations and institutions [only freehold private ownership obtained pr ior t o the enactment o f the 1992 Constitution i s legally recognized as Act. 267 (5) bars creation o f freehold interests in land out o f Stool land and by implication Skin land as well].
The Lands Commission i s responsible for and managing State and vested lands and for providing consent to the disposition o f stool, skin and family lands provided the development i s consistent with the approved planning schemes o f the area. Private lands, estimated to account for more than 80 percent o f the country’s total land area are communally owned, and held in trust for the community and i t s future generations by a stool, a skin, or family as symbols o f customary authority. A famous Ghanaian saying depicts this tradition - “land belongs to the many who are dead, to the few that are alive and to the numerous who are yet to be born.” Irrespective o f the governance structure established according to their customary practices, a l l allodial (original) t i t le holders ho ld the land in trust for the subjects o f the stool, skin, clans or families in accordance with their customary laws. Although allocation o f usufruct rights i s retained by the allodial owners, the Office o f the Administrator for Stool Lands (OASL), collects rents and distributes the proceeds in accordance with the provisions o f the 1992 Constitution in the proportion of: (a) the district assembly 49.5 percent; (b) the stool or skin 22.5 percent; (c) the customary council 18 percent and (d) O A S L 10 percent to cover i t s administrative expenses as provided in the 1992 Constitution.
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In addition to these two public sector agencies, there are four other agencies involved in land administration. These are: (a) the Land Ti t le Registry responsible for registering interests in land and issuing tit le certificates; (b) the Survey Department responsible for cadastral, geodetic and hydrographic surveying and the production o f base maps and cadastal plans for each individual parcels o f land for which t i t le certificate i s issued (c) the Land Valuation Board responsible for Government property valuation functions such as compiling valuation rolls for local authorities for taxation purposes, assessing compensation in state acquisitions, establishing the capital value o f state-owned properties and valuing mineral and forest concessions; and (d) the Town and Country Planning Department (TCPD) responsible for land use planning in urban and peri-urban areas. All o f these agencies operate under the Ministry o f Lands and Forestry except TCPD which i s under the Ministry o f Science and Technology.
Performance of the State and Public Sector Land Agencies
State Land Acquisition. The power to acquire lands by the State has been exercised in a manner that has adversely impacted many allodial land owners who harbor several grievances against the State. First, the procedure for acquisition by notif ication o f affected persons o f the intent to acquire lands in the local newspapers i s highly unsatisfactory, considering the predominantly illiterate society in the rural areas. Kasanga notes that so inadequate i s the publicity accorded to land acquisition that very often, affected persons know that their lands have been taken away f rom them only when they see notices being posted o n their lands, announcing such acquisitions and indicating that their lands have now become Government property. Second, although compensation i s guaranteed by law, i t has not been paid in several acquisitions by the State. Even when compensation has been paid, affected parties c la im that the compensation i s woefully inadequate to cover the inconveniency o f dislocation and acquiring land in other location and starting a new l i f e altogether. Third, affected land owners complain that some o f the lands compulsorily acquired by the State are not being utilized for the explicit purposes for which they have been acquired and that such lands have been transferred to third parties without the consent o f the original owners. Fourth, large tracts o f land forcibly acquired by the State remain unutilized and allodial owners o f land do not see the rationale why the land was forcibly acquired f rom them if i t were to l ie idle for a long period o f time.
The problem i s acute in the urban areas, particularly in the Greater Accra Region, where an estimated 50 percent o f lands o f the Ga has been compulsorily acquired by the State in creating the c i ty o f Accra. Consequently, Ga indigenes have access to very l itt le land. Moreover, compensation has not been provided for several of these acquisitions. The L a Customary Council sued the State in court to obtain payment for their lands. After a prolonged court battle, they won the case but suffered another setback when the government decided to freeze a l l payments o f land compensation in the country. In the case o f the Dansoman Estates land acquisition in Accra, the State Housing Company rehsed to pay the agreed annual rents to the affected landowners, despite the huge benefits i t derived f rom land sales.
Participants o f focus group discussions (FGDs) indicated that the government’s compulsory acquisitionhesting o f private lands without any consultation nor approval by customary authorities, non implementation o f proper resettlement o f displaced persons and continued non-payment o f just compensation have affected negatively their perceptions o f obtaining justice f rom the State. Filing cases in court has practically drained them o f financial resources which could have been invested in the delivery o f social services. They said that the wheels o f justice grind slowly when one files cases against the State or i t s parastatals and influential people. The customary land authorities are increasingly clamoring for the return of their authority to administer and manage lands themselves. The State needs to address these issues in a fair, participatory and transparent manner to restore t rust between government and customary authorities and pave the way for a lasting partnership to reform the land administration
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system and sustainably administer and manage the country’s lands and natural resources. Fortunately, the new NPP Government i s acutely aware o f these problems and has demonstrated i t s polit ical wi l l to address the issues o f compensation and vested lands.
Public Sector Land Apencies. The six land agencies are represented only at the central and regional levels. Their operations are, therefore, highly centralized. Furthermore, they are inadequately staffed and funded and have litt le access to modern equipment and information technology. These inadequacies result in cumbersome procedures and delays that frustrate a l l those having to deal with them in registering land transactions. Concluding land transactions take anywhere f rom two months to three years or more, sometimes costing more than the price o f the transaction itself. The l o w level o f staff compensation lead to rent seeking behaviors that add to such frustrations. Furthermore, there i s no culture o f cooperation and sharing o f information and records. In one survey, one third o f respondents who were engaged in land transactions stated that they had n o intention o f going through the ordeal o f registering their land transactions. Frustrations likewise arise due to the long-drawn process o f obtaining planning and development permits for buildings, which can take one to two years, with 75 percent o f respondents spending some Cedis 0.5-1 .O Mil l ion.
Distrust o f the manner in which District Assemblies uti l ize revenues generated by the stool lands appears strong, especially in the rural areas. Customary authorities lament the apparent lack o f rationality by which development projects and activities are selected, and the lack o f proper consultation, in disbursing revenues generated by the stools. Customary authorities demand more transparency and participation in decision-making, even suggesting that changes need to be made to ensure that a larger share o f the revenue generated must go to the stools that generated it in the f i rst place. Whi le this parochial perspective can limit initiatives for integrated area development, i t clearly illustrates the absence or inadequate involvement o f stool/skin authorities in the planning and decision-making processes for development work in their respective areas.
Customarv Land Authorities. Except in certain urban areas, boundaries between allodial land owners and derivative land use rights are not demarcated using permanent pillars or geographic coordinates. Land marks that are ephemeral l ike trees and trails are used. Boundary disputes arise when these land marks disappear. Only a few o f the customary land authorities are organized, l ike the Asahantene’s Land Secretariat and the Gbawe Family Land Council to discharge their function o f land administration effectively. The Gbawe fami ly owns land at the outskirts o f Tema town. Their land council has reserved a large tract o f land that i s systematically planned for the construction o f modem residential units with specific plots allocated for every resident family in the community. These plots cannot be sold nor leased to outsiders. Land transactions, particularly deeds o f leased land in rural and some urban areas are verbal despite the Administration o f Stool Lands Ac t o f 1962, which stipulates that land transactions between locals and migrants are not effective, unless validated by the appropriate government authority. The records o f written land transactions are not properly kept, sometimes leading to multiple sale or lease o f the same parcel o f land that are causes o f land litigation. Some tenants with verbal agreements are subjected to extortion payments when chieftainship changes hands. Some chiefs and customary land councils also use i l legally personnel who are not competent nor authorized, to document indentures for them. In efforts to bypass the frustration and high cost o f using the services o f the Survey Department and the TCPD, the customary land authorities use quack surveyors and physical planners which exacerbates problems regarding boundaries and haphazard urban development in some areas.
Some unscrupulous chiefs who want to enrich themselves sell or lease undeveloped land without consulting community elders and collude with developers who construct buildings without proper permits. In the Upper East and Upper West regions paramount and lesser chiefs were introduced by the
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Colonial Government. The true administrators o f land are the Tendamba or fetish priests. The current chiefs are bypassing the Tendamba and allocating lands, creating confusion and dissension among the communities there. In the south o f the country where families are administering lands, fami ly members forge signatures and thumbprints to sell rights to land illegally, thus causing indiscipline in the land market.
Within the past three years customary councils and govemment authorities alike note that violations o f the land owner’s interests, especially in the rapidly developing areas, are rising. Cases include mortgaging, sub-letting, leasing or outright selling part o f the land without the consent o f the land owners. This accounts for the mounting number o f court cases where rights to the same parcels o f lands are being claimed by various individuals and groups.
For most parts o f rural Ghana, customary councils interviewed indicate that settlers’ sub-letting to relatives o f agricultural lands, and/or expansion o f the area being cultivated beyond the area granted to them (without the consent o f the land owner) as the most common forms o f violations committed against the land owners. Generally, rural land i s s t i l l perceived as “plentiful”, and can be shared with those who are willing to fo l low the tribes’ customs and observe the conditions for the grant. However, they cannot o w n the land allocated to them.
Lack o f confidence in the land adjudication system, in the judic ia l system to swiftly resolve land disputes and in the land market i s prompting some o f the landowners and lessees to hire land guards. This i s specifically observable in the Greater Accra region, and has strong probability o f replication in other regions where conflicts on land are obtaining (Ashanti, Eastem, Brong-Ahafo and Northern regions). In some parts o f the country, queen mothers organize men and the youth to form vigilante patrols that monitor encroachment on their ancestral lands. In the urban and peri-urban areas, communities plant white flags to in form encroachers that they must either contact the customary land authorities or face eviction. In the case o f Gbawe fami ly lands, migrants allocated plots along the stool’s boundaries are mobil ized to patrol the boundaries o f the lands and are required to report unauthorized occupation.
Land Dispute Resolution
In the Ashanti region, disputes involving demarcation o f boundaries within the Kumasi Customary Area wil l rarely be brought to Court, as the Asantehene himself has directed a l l villages to settle disputes using customary laws and institutional mechanisms. Should a party not be satisfied by the ruling o f the elders o f the community and the customary land authorities, the aggrieved person can appeal to the Asantehene’s court. Some communities in Ashanti have n o w set-up Land Allocation Committees (LACs) comprising the customary custodians o f the lands or their representatives, elders, members o f the village development committees and the youth. Land can only be allocated subject to the approval o f the customary owners.
The L A C s monitor any encroachment or violations o f customary land laws. Conflicts regarding boundaries are settled among members o f the community with the assistance o f the LACs. If a conflict i s irresolvable at that level, the problem i s raised before the Paramount Chief. The Chief sends two elders to investigate and gather information, and discuss the case with those affected by the conflict, in the presence o f members o f the Customary Council if required (especially if the case involves disputes among sub-stools within the customary area). If the boundary conflict involves another stool, then the Customary Councils o f both stools meet to resolve them.
The Ashanti model o f a land dispute resolution mechanism using local institutions and participation o f the community should be encouraged and promoted in al l areas to avoid and minimize protracted and
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costly land litigations in the courts.
Women’s Access and Rights to Land:
Women can access land for use o f residential and agricultural purposes. However, ownership o f land by women i s a totally different matter, heavily dependent o n the customary laws exercised by the different ethno-cultural groups. Whi le most focus group discussions (FGD) participants indicated the absence o f biases against women when it comes to acquisition and ownership o f properties. FGD with a women association in the Northern Region (Bolgatanga) revealed their difficulties in acquiring properties by themselves. Women related that access and purchase o f usufructuary rights can only be done through a male intermediary, a husband, a brother, or a son. It was reported that women in some tribes are forced by their in-laws to leave their conjugal home a few months after their husband death.
In Tamale, however, Lands Commission representatives indicated that women are actually active in land acquisition by themselves, but request secrecy o f the transactions involved. T w o queen mothers in the Ashanti region indicated they have n o problem in acquiring and owning land, as inheritance laws guarantee them access to and ownership o f land. Research studies should be commissioned, if the Project wishes to establish the situation in a l l major ethnic groupings in Ghana.
The Women Association o f Tomato Growers in the Upper East region are finding it more and more diff icult to lease agricultural lands in the peri-urban areas. As farm lands are converted to other uses, they are driven to farm further away f rom their domicile, causing not only economic hardships but physical difficulties by having to walk far as well. Cases in the Northern region were reported where women derive income from shea trees in lands which they either lease or where they have been granted usufruct rights. Again, should these lands be converted to other use, their income wil l be reduced.
In the absence o f any empirical evidence, the RSA could not conclude the relative incidence and severity o f gender biases regarding ownership and o f landed properties in Ghana. I t i s recommended that a special study addressing this issue be conducted as a matter o f high priority under the project to guide policy and legislative considerations and implementation o f the project.
Social AcceptabilitV of the Proiect
Although awareness o f the land mark Land Policy o f 1999 i s generally low, social acceptability o f the proposed project i s high at the central and regional level. Customary trustees o f land and the community/family elders in the urban and rapidly urbanizing areas are willing to pursue demarcation o f properties and assist in negotiating and settling boundary disputes, using customary arbitration forms and mechanisms for conflict resolution. The customary leaders are willing to participate in survey work; pay some amount for registration and documentation work as long as these are within their capacities to pay. However, they expressed strong reservation on their abil ity to pay the total cost o f boundary demarcation and registration. The customary land authorities welcome government’s technical and material assistance in setting-up their o w n land secretariat. The powerful King o f the Ashantis, Asantehene Otumfuo Osei Tutu 11, summed i t up by saying, “This Project i s long overdue.”
Comparing the intensity o f reactions generated by the presentation o f the ini t ia l project concept, participants f rom the urban and peri-urban areas (Accra, Sekondi-Takoradi, Kumasi and Tamale), indicate a stronger demand for the project, as compared to their rural counterparts. This demand can be attributed to the large number o f disputes associated with multiple sales o f lands, encroachments, and other pressures on land brought by the requirements o f rapid urbanization. In the Greater Accra Region alone, about 15,000 land cases are pending before the courts.
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In both urban and rural areas, customary land authorities see the Project as an opportunity to discuss and negotiate with the State for the repeal o f perceived oppressive legislation that have contributed to the usurpation o f powers vested in customary forms o f governance. In general, there i s a strong demand for land to be administered by the allodial owners, and not by government agencies. It must be noted that despite various polit ical upheavals which have taken place since 1979, and the pressure f rom nationalists to restructure the institution o f Chieftaincy, i t was observed that generally, the ChiefdClan Heads continue to be the center o f the communities’ social and polit ical l i fe.
Public land sector agency officials at district offices who participated in the meetings and FGDs appreciate the concept o f the proposed Project, and look forward to i t s immediate realization. Regarding the idea o f the one-stop-shop for a l l land agencies, the f ie ld officials registered support for i t and look at i t as a long-term objective. Almost a l l recognize their interdependence, and accept the need for the immediate sharing o f information among themselves. However, lack o f logistics, even to reproduce information, negates such collaborative arrangement among them.
Challenges to the Project Design and Implementation:
Given the preceding highlights, the proposed project i s timely. Institutional transformation i s both demanded at the community and government institutions levels. The proposed project can provide the necessary opportunities for productive interaction, t o promote the development o f trust, effective institutional linkages, among the local government authorities, national land agencies and the customary authorities. The challenge i s to design the most appropriate, integrated institutional structure responsive to the emerging requirements for effective and sustained participation o f customary leaders and communities in land administration decision-making; develop workable mechanisms to ensure transparency o f transactions in al l levels; and formulate practical communication/feedback systems to ensure that a l l stakeholders are informed o f what structural and institutional changes are happening as the project progresses.
The l o w level o f knowledge about the National Land Policy, even among government agency staff, implies the need to design and implement an accelerated information and education program among government, customary authorities and the general public. A well-informed bureaucracy and the general constituency wil l always be in a better position to assert and enforce rules, and support attainment o f commonly shared objectives. The project would need an information and education subcomponent that reflects the rationale, objectives, strategies, structures for effective delivery, and the indicators against which to measure the effectiveness o f the information and education program for each o f the target groups.
A program must be designed to enable District/Metropolitan Assemblies, customary authorities and public land sector agencies, to form and sustain effective partnerships for development work, and that a l l groups eventually recognize and value the benefits derived f rom such development partnerships. What i s important i s to ensure that participatory processes are employed in defining the objectives o f the partnership, the mechanisms required to be set up, the roles and responsibilities, including the corresponding authorities o f each institution, and the means by which the commitments o f each party to the partnership will be provided, monitored and evaluated.
Considering the possible biases against women and migrant tenants, it i s strongly recommended that the project’s institutional design for delivery at the community level must ensure the representation o f these various groups in relevant working committees to be formed during the implementation o f the project, to give them access to policy, legislative and decision-making processes which will affect their lives.
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The most diff icult challenge to the Project s t i l l l ies in how the structural arrangements and the processes can be designed to allow transformation among government land agencies, the local govemment authorities, and members o f the legislative and judicial branches o f government. The objectives o f harmonizing state wi th customary laws, decentralizing land administration and services delivery up to the community levels, and community participation in decision making, evidently require a major paradigm shift among those who are currently holding power positions by virtue o f their legal authority to decide on land issues. The joint management (allodial owners and government authorities) concept in land administration w i l l work only to the extent that these institutions accept, prepare and commit themselves to the full realization of the Land Administration Project’s empowerment objectives. In the final analysis, absence o f such a commitment maybe the biggest risk to Project success.
Ghana Land Administration Project
itake- iolders
:overnment .and Lgencies
Interests on Land Administration
Coherent set o f land laws incorporating state and customary interests uniformly applied throughout the country Efficient land information system installed up to the community level Individuals have equitable access & security o f tenure based on registered land
and their descendants Protected rights o f landowners
Discipline in the land market Resolution o f land boundary
Decentralized land delivery disputes
services with customary authorities and communities as partners
transactions
transactions to sustain government operations and attract competent and dedicatec personnel
acceptance by the public o f the Land laws and support for their implementation Weeding out o f incompetent surveyors and unscrupulous land agents to restore investment confidence in the land market
Documentation o f a l l land
Appropriate revenue from land
General orientation and
Stakeholder Analysis
Positive Project. Impact 01 Interests
DProject will address need to harmonize state and customary laws through review and development o f relevant legislation
support systems to produce comprehensive data base of the country’s land resources
DWith appropriate documentation o f transactions, both landowners and leaseholders will be more secure
D Capacity-building will be a major component o f the Project, up to the community level, and information dissemination w i l l form part o f a massive information education program
’Income from land transact-ions w i l l be more definite as ru les are defined and agreed upon
,Land adjudication and management committees involving community representatives set-up with help o f the Project will facilitate monitoring o f activities o f private sector agents
,Project will install and
’ossible Negatiw ’roject Impact 01
Risks Structural mergers will be inevitable, to facilitate delivery o f service and make land administration systems more efficient. Participatory natur o f the project involving local communities and securing o f land administration records may make rent seeking behavior difficult. Resistance to such changes i s highly l ikely and may make institutional restructuring very diff icult
Possible Mitigation Measures
Organization development efforts must be incorporated in the Project Design to ensure that the required procedural and behavioral changes will be understood, accepted and supported by each c iv i l servant in the bureaucracy Political w i l l on the part o f the Ministry’s management to execute the desired changes must be demonstrated, to send the right signal to everyone concerned Management must be equipped with advanced conflict resolution skills (alternative dispute resolution methods) to be able to resolve conflicts on the basis of “interests” and not “positions”
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'take- olders
'arliamen nd :xecutive
udiciary
Interests on Land Administration
Enactment o f relevant laws which will operationalize Constitutional provisions invoking inclusiodapplication o f customary laws in govemment operations Economic development within the framework o f sustainable land use Equality o f access, acquisition and utilization of land resources by both genders Sustainable resource generation to support country's development efforts
Coherent set o f land laws which can be referred to for rendering judgment on cases fi led by petitioners in court
1 Reliable information from Land Agencies to use as basis for rational and fair judgment o f cases involving land disputes
1 Reduction in land litigations to relieve congestion o f court cases and overload o f work on judges
Positive Project. Impact on Interests
Review and development o f relevant legislation wil l be undertaken by the Project. Stakeholder participation in identifying the Agenda for review and development will ensure relevance o f desired legal interventions to their needs Studies to determine requirements for sustaining operations o f the systems to be installed will be conducted Participation o f customary authorities can generate financial counterpart funds from communities, which can reduce government costs in deliverv o f services Project will contribute to review and development o f land legislations Project will install systems which wil l enable land agencies to access reliable information which can be provided to the courts, when called upon
1 Introduction o f land tribunals supported under the project will fast-track decisions on land disputes
1 With active involvement o f customary authorities and communities in resolution o f land disputes land-related disputes elevated to the court are expected to be reduced
Possible Negative Project Impact or
Risks None identified
There may be resistance to introduction o f land tribunals
Possible Mit igation Measures
Tot necessary
4wareness campaign on :he usefulness o f land tribunals
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Itake- lolders
Ietropolitanl Iistrict memblies
rational and Legional [ouse of lhiefs
Interests on L a n d Administration
Boundaries between and among stools, sub-stools and family lands clearly established so that development planning can take place with legitimate owners’ participation Land transactions properly and accurately recorded, to be able to reduce boundary conflicts within their areas Orderly development o f urban and periurban areas Investors confidence in the land market improved as a result o f secure tenure and reliable land records and streamlined procedures and processes for land acquisition, leading to economic development Increased revenue from ensuing thriving land markets Respect for customary authorities capacity to contribute to better land administration delivery systems Delineate the powers o f the state and customary authorities in allocation, acquisition, uti l ization and disposal o f the country’s land and natural resources Inclusion o f applicable customary practices in land administration concerns Community involvement in monitoring land transactions, to ensure that benefits accrue to displaced members o f the communities Identify Chiefs who are involved with anomalous land transactions, as reported by studies conducted, as they destroy the credibility and sacredness o f the position Reduction in land litigation before the courts
Positive Project. Impact on Interests
Project will initiate demarcation o f boundaries between properties. Land transactions will be documented and information properly stored to enable fast retrieved. Accurate land records facilitate land use planning and orderly development o f urban and periurban land With increased security in land transactions, investors will have more confidence in the country’s land market
Project supports Constitutional provisions describing integration of customary values and practices to relevant aspects o f national l i f e Project w i l l cause the review and development o f legislation, which will take the best and the finest aspects o f customary rule Project will establish existing profi le o f land ownership; fraudulent practices will be exposec by the process o f getting communities engaged in these activities Project will design the most suitable/feasible institutional arrangement to: protect the community against fraud and force; prevent violence and arbitrariness and ensure fulfillment o f legitimate contracts and relations established by such contracts among human beings With active involvement o f customary authorities and communities in resolution o f land disputes land-related disputes elevated to the court are expected to be reduced
Possible Jegative Projec mpact o r Risk! N o foreseen negative impact on interest. The Assemblies stand to gain a lo t with the implementation o the Project I t i s a possible that Assemblies may be threatenel by customary authorities’ interest to participate in decision making over how land revenues would t shared and spent.
N o foreseen negative impact a o f preparation o f this document
’ossible Mitigation Measures
Representatives from the Assemblies must be made to understand, accept and commit to the new institutional arrangements and see the involvement o f customary authorities as a strategic advantage in boosting economic growth and alleviating poverty in the areas. The possibility o f sharing a much larger revenut from a thriving land market will facilitate shared interest and cooperation.
4ot necessary
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‘takeholders
aramount Chiefs, :Ian and Family [eads, Members 01 l e Customary :ouncils
ligrants and mints
Interests on Land Administration Demarcation o f boundaries within the stoollskin, and boundaries in relation to other stoolshkins
m Deeds granted and records kept by customaq authorities and local governments
available regarding status o f undeveloped lands “vested” in government Government respect for their customary authority to administer lands
m Information made
m Their tenure o f land i s secure and their access to land facilitated
leases;
boundaries
m Honoring o f oral land
m Determination o f land
Positive Project. ImDact on Interest Maps o f boundaries drawn and existing rights recorded with active involvement o f Customary leaders and family representatives Legislative and institutional reforms under the Project will recognize customary authorities powers to allocate, utilize, and dispose land resources and delineate land administration responsibilities betweer them and public land administration agencies
Project may lead to improved security o f leased land and development o f better terms and conditions Documentation o f agreements and their enforcement will be a public concern, as terms are negotiated in a transparent manner
Possible Negative ’roject Impact or Risk Customary authorities ma feel threatened by capacity-building efforts o f the Project to be launched at grassroots level and resist reforms sought under the Project Chiefs involved in fraudulent practices may not support the Project and may mount heavy resistance and frustrate information gathering, boundary demarcation ani land titling and registration activities
1 With l o w levels o f literacy, and much o f tenural arrangements undocumented, landowners may tend to renege on their oral agreements or try to limit tenants rights
Possible Mitigation Measures
Identify and isolate potential “hotspots” to intensify community land awareness and mobilization program (CLAMP), allow community to decide how best to neutralize Chiefs resisting reform. Government can demonstrate polit ical will to enforce accountability and transparency in land transactions by asking Houses o f Chiefs to sanction erring Chief or To alleviate fears, process for identif jmg, selecting and defining responsibilities o f various village committees to be set up must involve the Chiefs and their councils. Efforts must be exerted to convince the Customary Authorities that people participation can make them better leaders o f thei communities Tenants should be represented in village committees to ensure that their interests are heard and that principles o f fairness and justice are applied in securing oral lease agreements Rules for reviewing land leases and rentals should be transparent and must evolve as a product o f discussions between migrants and landowners, with local governments providing guidance and enforcement when called uuon
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#take- .olders
Vomen
iar issociatio
'rivate urveyors
Interests on Land Administration
D More secure access to land fox agriculture or residential use
D Registration o f their rights ove trees which their ancestors were allowed to plant or collect f ru i ts from trees on other families' lands
Certificate o f Title to be issuec D Inclusion o f name in the
D Right to acquire property D Participation in
decision-making if conjugal property were to be leased or alienated for longer duration
D Participation in monitoring land transactions to ensure transparency in allocation and administration o f communal property o f the family or stool
D Consistent and coherent laws in land administration
D Accurate Information on land resources, to obtain facts on land disputes being litigated
D Participation in Project
D Exposure to better activities for survey work
technologies in survey work
Positive Project. Impact on Interests
'Project will ensure women involvement in village committees to be set up for Project implementation
I Project will sponsor further studies into gender considerations relative to acquisition, ownership, utilization and disposal o f lands to inform legislative and institutional reform
1 Review and development o f relevant laws will provide employment opportunities to lega luminaries interested in shaping the polit ical structure o f Ghana
1 Data base to be established by the land administration information system will be u s e h l to their interests
1 Contracting opportunities for survey work will open up
1 Surveyors will receive training both in the training institutes and short courses organized by the Survey Department and the universities
1 Community and customary authorities' involvement in Land Adjudication Committees will speed up survey work
1 Improved licensing procedures will strengthen the profession and i t s ethics
Possible Negative Project Impact or
Risks In patrilineal societies. women participation in village committees may be rejected by predominantly male leadership in the villages
Possible loss o f income for lawyers as a result o f reduced land disputes appearing before the courts and for those who are interested in dragging land litigations N o foreseen negative impacts, except the weeding out o f "quack" surveyors who victimize illiterate landowners
Possible Mitigation Measures
Mount aggressive awareness programs for women through the media and by involving c iv i l society and NGOs
N o t necessary
1 N o t necessary
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Interests on L a n d Administration
Accurate information on Private existing land use on which to Appraisers1 base fair valuation o f land Valuers and land based properties for
transactions Reserving valuable lands for
Access to information about Youth their future access
land being allocated or sold by their elders and Chiefs Protection o f their ancestral lands from encroachers More accountability by the Chiefs and Elders relative to income generated from land administration
Civil Society Organi- zations/ NGOs
If work relationship i s not clarified well and the ru les o f engagement are vague, NGOs or government may be frustrated by outcome If NGOs engages in hostile advocacy work, public land agencies may isolate them and make diff icult their access to government resources for community capacity-building work
1 N o negative impact as
Protect the rights o f rightful
Engage in community owners o f lands
awareness programs to educate citizenry on their rights in land administration and obligations Foster alternative land dispute resolution mechanisms Establishing partnerships with government for people’s participation in local governance
Interested NGOs that wish to participate in Project implementation must be properly oriented, trained, and provided with supportive monitoring work for effective collaboration with the project
N o t necessary Active participation in information campaigns to inform citizens o f their rights and how to obtain due process Promote transparency and democracy in national and local govemance Vital issues which can attract listenerdviewers to increase their ratings
Positive Project. Impact on Interests
Project will establish accurate land information and institutionalize i t s periodic update
Participation o f youth in village committees and their participation ir land awareness and mobilization committees will enable them to access information they need to check the Customary Council members who err in their commitment to serve the interests of the community
Project offers opportunities for NGOs in community organization work, to:
1 systematically deliver information and education programs on the provisions o f the National Land Policy; and
1 ensure organized participation o f communities in demarcation o f land boundaries, and
Land i s such a “hot” issue that media (print, broadcast and television) can be tapped as Project partners to have a massive outreach program to educate the public on ongoing debate in policy formulation, legislative and institutional reform and the application o f laws, ru les and regulations governing land transactions. The media will be particularly useful, especially in the urban and peri-urban areas, where radio and television broadcasts are usually devoted to community news.
Possible Negative Project Impact o r
Risks N o known negative impact
Exclusion o f youth from active participation in village committees
Possible Mit igation Measures
Not necessary
Awareness campaign
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Additional Annex 13: Statement of the Government of Ghana on Land Policy GHANA: Land Administration Project
1.0 Background
Ghana i s heavily dependent on primary land-based products for i t s socioeconomic sustenance. Agriculture, mining, timber and construction dominate sector contributions to the country’s gross domestic product. Ease o f access to land, security o f land tenure and prudent use o f the nation’s land resources determines the pace o f socioeconomic growth. For a long time, Ghana’s economy has faced a downturn which needs to be critically addressed. The land ownership and management regime based on a duality o f customary and common law i s beset with a number o f problems, contributing to the slow pace o f socioeconomic development. The Government has embarked upon the Ghana Poverty Reduction Strategy (GPRS), a comprehensive policy to promote growth and poverty reduction. The medium term priorities hinge on infrastructure development, modernized agriculture based on rural development and good governance among others. The land sector plays a considerable role in the attainment o f these objectives and the Government’s land policy that will be achieved through specific reforms targeted at the source o f the land sector problems are consistent with the objectives o f the GPRS.
2.0 Major Constraints of the Land Sector
Overtime, as land became more scarce, indigenous arrangements under which individual members o f the lineage enjoyed general rights o f access to land have been rendered untenable. Indigenous tenancies have been generally replaced by sharecropping (abusa and abunu systems) that enabled local land owners to gain labor for their farms. Commercial transactions in land and the transformation o f inheritance rules compounded by population pressure have given r ise to increased litigation over land as individuals sought to exclude those they believed to hold illegitimate claims. Post-independence governments enacted a multiplicity o f legislation to deal wi th specific problems in an ad hoc basis, not forming part o f a comprehensive policy o f land acquisition or land use administration. I t was the realization o f the need for more coherent long te rm land policy and i t s effective administration that instigated GOG to develop a national land policy and seek ways o f implementing it.
A number o f land sector constraints that require immediate attention have been identified in many previous land administration related studies and summarized in the National Land Policy document. The main sector issues can be characterized as follows:
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inadequate policy and legal framework; fragmented institutional arrangements and weak institutional capacity; weak land administration system, that excludes land owners and chefs from major decisions on land administration; underdeveloped land registration system and inefficient land markets; and compulsory acquisition by Government o f large tracts o f land without payment o f compensation
These issues have given rise to:
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indeterminate boundaries o f customarily held lands, spawning massive land disputes and litigation; inadequate security o f land tenure, undervaluing urban property, making it difficult to use land values as collateral for loans and depressing
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The objectives o f the land policy that wi l l address these constraints are to:
national and local government revenues; difficult access to land, thwarting both urban and rural development; and general indiscipline in the land market.
Objectives o f the L a n d Policy
harmonize statute and customary laws to facilitate equitable access to land and enhance security o f tenure o f land through registering systematically al l interest in land; minimize and eliminate where possible the sources o f protracted land boundary disputes, conflicts and litigation in order to bring their associated economic costs and sociopolitical upheavals under control; ensure payment within reasonable time o f fair compensation for land acquired by Government from customary or private landowners; instill order and discipline in the land market to curb the incidence o f land encroachment, unapproved development schemes, multiple or illegal land sales, land speculation and other forms o f land racketeering; create and maintain effective institutional capacity and capability at the national, regional, district and where appropriate, community levels for land service delivery; and promote community and participatory land management and land use planning within a decentralized planning system. formalize land markets where appropriate; promote business-like and professional property management principles based on sound economic, and financial considerations. The aim i s to secure the best optimum economic, financial and social returns towards a s e l f financing land policy.
4.0 L a n d Sector Reforms
The objectives o f the land policy will be achieved through policy, legislative and institutional reforms.
i. Policv Reform: The development o f appropriate land policies i s a dynamic process that the Government would be continually engaged in. it would build up i t s policy formulation, monitoring and evaluation capability to ensure that land policies are reviewed periodically and are consistent with the national development objectives and the aspirations o f the populace. In this regard, state and vested lands have become vexing issues, creating m is t rus t between the state and allodial land owners. The situation o f vested lands and compulsorily acquired lands for which compensation has not been paid wi l l be reviewed with the aim of:
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determining whether the rational for vesting o f land i s s t i l l valid, where the conditions do not merit continued vesting to restore the land to their customary owners; using divesting o f land as an incentive for settling disputes with customary owners; consolidating land required for public service; surrendering those which are in excess o f public requirements; and paying compensation for those which are s t i l l required in the public interest.
ii. Legislative Reform: The numerous land related legislative enactments in the statute books wil l be reviewed with the view to removing repugnant, outdated, conflicting and duplicated legislations and harmonizing them with customary land laws. The laws would then be codified into a set o f coherent and consistent legislation to support land administration. Communities would be empowered to use
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alternative mechanisms to resolve land disputes. Land tribunals would be reintroduced to expedite the resolution o f the land disputes that cannot be dealt with at the community level and to clear the staggering number o f pending land cases before the courts.
iii. Institutional Reforms: The roles and functions o f all public land administration institutions would be streamlined and organized under one umbrella to become output and client oriented, working with clear and transparent processes. Land administration would be decentralized and the capacity o f the customary land secretariats or committees strengthened to enable them manage their own lands directly free from interference by public sector agencies. The private sector will be assisted to provide some aspects o f land administration both to the public land sector agencies and customary land councils to expedite land titling and registration and processing o f land transactions.
5.0 Land Administration Program:
The reforms outlined above would be implemented through the Land Administration Program, which i s a long term commitment by the Government o f Ghana to enhance economic and social growth by improving the security o f tenure, simplifying prudent land management by establishing an efficient system o f land administration both state and customary, based on clear, coherent and consistent policies and laws supported by appropriate institutional structures.
The long-term program would result in:
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0 a clear, coherent and consistent set o f land administration policies and laws; a clear hierarchy o f customary land holdings and capacity to dispose o f land which wil l lead to a formal recognition o f the rights o f a l l categories of land holders and facilitation o f recording o f these rights in an enhanced and decentralized land administration system; an efficient decentralized land administration system operating throughout Ghana in accordance with Government policy and compatible with cultural usage and responsive to the needs o f the people, within a self-sustaining financing mechanism; an up-to-date, efficient land information system that supports good land records management and transparent transactions in land; and a wel l functioning land market operating in both urban and rural areas.
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Given the complexity o f the issues, i t has been estimated that i t wi l l take more than 15 years to complete the implementation o f the Program. Based on international experience, i t i s fe l t prudent that the Program be implemented in three five-year phases, particularly given that Ghana has a very complex hierarchy o f interest in land. There are many stakeholders and the emphasis on the first phase would be a range o f studies that seek to confirm policy detail within the framework o f the National Land Policy and initiate, reforms and pilot land titling and registration activities that would seek to build consensus and develop efficient, cost-effective and field proven methodologies that can be used to scale up these activities under subsequent phase o f the long-term Land Administration Program.
The f i rs t phase o f the Program would be implemented through the Land Administration Project. The project has the objectives of:
0 harmonizing the policy and legislative framework for sustainable land administration by: fostering a link to land use planning; encouraging the active participation and engagement o f customary land owners; and defining clear and complementary roles for the land sector agencies, district assemblies, customary authorities and the private sector;
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0 formalizing the institutional arrangements in a strengthened and decentralized land administration system, strengthening land sector agencies, developing a model o f a decentralized one stop shop and strengthening customary secretariats; improving security o f tenure by developing and testing systems and methodologies to determine boundaries o f customary-held lands; undertaking systematic land titling in areas where it i s viable, and agreeing o n approaches in areas where alternatives to t i t l ing seem more appropriate; and strengthening revenue generation within a framework o f developing a sustainable, self financing land administration system.
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Map Section
