the land component of the private sector competitiveness project ii moving from analysis to action...
TRANSCRIPT
The LAND COMPONENT of the
PRIVATE SECTOR COMPETITIVENESS PROJECT II
Moving From Analysis To Action in Uganda
ByRexford Ahene
Senior Technical Advisor
Background
Uganda’s legal framework on land has undergone reforms in the recent past The land Act of 1998 Land Sector Strategy Plan provides the operational
framework for the Land Sector. Guiding Policies:
Poverty Eradication Action Plan (PEAP) The Decentralization Policy and Local Government Act,
1997 Plan for Modernization of Agriculture (PMA) The Liberalization and Medium Term Competitiveness
Strategy New Land Policy and Land Use Policy – ongoing initiative
Principles on which the 1998 Land Act was based:
A good tenure system to legally recognize customary tenure, empower and protect the poor;
Support agriculture through the functioning of the land market and improve access for progressive farmers;
Resolve the land use impasse between registered owners and lawful bona fide occupants;
Redress historical imbalance and injustices in ownership and control of land.
To create an inclusive and pro-poor and legal framework for sustainable and productive the land sector
Strategic Objective – Build up to LIS
Goal: A Complete, integrated and spatially referenced database
Earlier Initiatives Kampala Mapping Project (Digital Topo Mapping with cadastral capability) –
starting from 1994 -present CAMPUS Project : 1995 – 1997 – Mapping from satelite images SPEED Project (USAID/GoU/KCC) : 2002 – 2003 - Records Rehabilitation – on
going and conversion from manual to EDM Studies Carried Out:
• Report on the Land Registration Procedure and land Registry 1990• Rehabilitation and Development of Land Survey and Registration 1990• Base for a Land Information System in Uganda – 1996 – By Swedesurvey• Design and Development of GIS including Uganda Spatial Data Infrastructure
2001• Review of the Status of LIS – 2003• LIS Detailed Plan for the Design, Development and Implementation in Uganda
2004
PSCP II Land Project Goals
To comprehensively restore the integrity of Uganda’s Land Registration system
To modernize and enhance the ability of the land sector to deliver services commensurate with the need of a private sector-led economy
To establish a modern Land Information System and Land Records Archiving system with all the benefits associated
To develop the institutional capacity and human capital required by the land sector
To eliminate land-based constraints to Uganda’s private sector competitiveness, thereby encourage investment and alleviate poverty.
The project’s design principles are:
Land Registry rehabilitation and expansion of registration of titles to secure one of the most important assets of households and Micro, Small, and Medium Enterprise’s (MSMEs).
Implementation will be as much decentralized as possible, through the existing and developing District administration institutional mechanisms, consistent with decentralization policy;
Enhanced land sector capacity at all levels is a prerequisite for successful implementation of this project;
Lessons learned from the piloting LIS, Systematic Demarcation and Government Land Inventory operations will determine the scope of future interventions.
Project Rationale
Household survey evidence indicates that about 50% of most Ugandan households’ wealth is held in the form of land Benefits: Investment incentives; Transfer of land to more productive uses Move towards comprehensive Cadastral Registration with records
rehabilitation and LIS to help resolve land issues For private sector development, economic growth, and poverty
reduction Use of land as collateral and to promote land market transactions in a
refined legal environment; Support Decentralized Local Government development planning and
control; Environmental conservation and habitat preservation; Effective management and use of Government land
Why PSCP-II, Land Component?
It is a national initiative: To comprehensively restore the integrity of the Land Registry
To provide access to the fundamental spatial data that underpins sound delivery of land services - establish a LIS
To ensure that users of spatial data will be able to acquire consistent datasets to meet their requirements
To encourage all stakeholders (public and private) to use LIS to support social policies and investment decisions
For managing poverty alleviation and sustainable development
What are some of the defining activities of the project?
Rehabilitation and modernization of the Land Registry and the establishment of a LIS
Review and harmonization of land laws, including the Mortgage Act, and drafting of new laws for LIS, Estate Agents, Archiving of Land Records and overhaul of the Survey Act.
Civil works: New construction: LIS Center, Archival Center some new District Land
offices.
Rehabilitation of the Central Registry and some District Land Offices and the Survey School
REHABILITATION OF EXISTING LAND RECORDS AND
ACTIVITIES: Rehabilitation of existing land records. Scanning of title
records, maps, other Land records and instruments Harmonization of overlapping surveys, geo-referencing Reconstruction of missing records Updating of titles and other records Indexing, scanning &reorganization of records
Training and capacity development for staff in the public sector as well as skills development for the private sector.
Computerization of the Land Registry
Reduce the time and cost involved in transferring property rights and in processing mortgages
Facilitate the monitoring and analysis of market and rental values of land and property; and
Provide built-in mechanisms for quality control and ensure integrity of data
Easy to identify and prevent fraud and illegal transactions
Facilitate search and verification of title
Records Rehabilitation & Computerization
Re-filing – organizing and preparing certificates for processing Re-ordering – organizing instruments prior to collation with
associated Mailo rehabilitated file. Data In-take – completing certificate cover details and associated
instruments Instrument retrieval – searching for associated instruments Data Entry – coding data entry forms and data entry into TRIM
database. Verification – checking for errors added by the Data Entry Clerks
into the TRIM database. Quality Assurance – checking overall accuracy of the rehabilitation
process.
Rehabilitation & Computerization
Rehabilitation include the following: Sorting and cleaning-up of registry records Opening of new separate file for each certificate of title Consolidation of records into single files Indexing of information from certificates and data entry into TRIM
database Identification of orphan and/or missing records Reconstruction of missing and dilapidated records
Data Entry – coding data entry forms and data entry into TRIM database.
Verification – checking for errors added by the Data Entry Clerks Preparation of back-up copies (including scanning) for disaster
recovery Quality Assurance – checking overall accuracy of the rehabilitation
process. Rearrangement of binders in the strong room
Rehabilitation Sep 2003 –Nov. 2005
Average data entry per month is 2,103 Mailo Certificates and 9,033 instruments
Total number of Instruments 728,936 and 107,079 Certificates handled
126,464 or 60% of Kampala District instruments have been entered into the database
Wakiso District – 134 out of 154 Blocks had been retrieved. With 26,306 Mailo Certificates recorded.
Sep.2005 – Aug. 2006: 21,515 titles were updated 15,777 new titles registered
Un-surveyed Mailo Titles -Mukono District
The blocks sampled represent 5% of the total number of blocks in the district.
On average each block contains 8 blue pages. Estimate about 4000 blue pages in Mukono district.
For most of the blocks there are more than 2 persons claiming the same plot but with different areas.
Un-surveyed Mailo Title applications
County Registered proprietor Block Year Plot # Area (ha)
Kashari, Mbarara Dist
Savbiti 35 1968 14 & 18 1.2
Sheshera 35 1968 14 & 18 4.050
Dorothy Kinentambi 36 1975 111 38.5
Joyce Mukamutambitsya
36 1975 111 32.43
Kyatuka 36 -na- 111 5.0
Mukono Dist. Binywera kabu 65 1965 2 81
E. Njubye 65 1959 2 17
Kaaoli. Lukoya 65 1958 2 50
UPGRADING OF UNSURVEYED MAILO TITLES
Upgrading of un-surveyed titles – Systematic adjudication and demarcation
Sensitization and Participatory Procedures Adjudication and conflict resolution Legal Aid for dispute resolution Protection of vulnerable groups Systematic Demarcation and Surveying Up-dating cadastral plans
Registration of up-dated Mailo Titles
Benefits of LIS and Archiving
For standardization in the collection and processing of land information;
Speed up the processes of first registration of title;
Decrease the cost and space required for storing land records;
Prevent unnecessary duplication; enhance security of records;
Simplify the preparation of "disaster" copies of registers;
Facilitate accesses to land-related data and improve their distribution;
Dream LIS Setup.
•A central GeoDataBase.•The new reference system.•Well defined feature classes.•Different types of data.
A metadata- system describing
the content.
Different types of output
Availability over internet?
Production lines online.
UGANDAClustered Districts
Central (12)West (15)East (13)North (15)
Benefits of Improving Uganda’s Spatial Data Infrastructure
To Be More Responsive to Key Partners and Clients Demand for Greater Accountability Opportunities Provided by New Technologies Electronic Exchange of Data and Information Efficiency benefits include:
Maximizing use, Avoiding duplication, fraud and illegal transactions, Maximum integration of data, Better public/private sector decision making Better custodianship of records Equitable access to land information for all
Uganda Land Information System
A wide concept Delimitation
Information for land administration; i.e. information on land rights, land use and land value
The design, development and of an LIS in Uganda should be phased
Priority 1: Information on land rights Priority 2: Information on land value Priority 3: Information on land use
The principle of different layers
....................
Chartered company
Joint Management Board
Water Protection Board
Utility Company
EPA
Planning Authority
Land registration Authority
Mapping Agency
Resource Management
Cultural Protection Board
....................
Resource exploitation
Collective land rights
Water protection
Utilities
Environmental protection
Land use planning
Land property
Topography
Natural resources
Cultural objects
StakeholdersTopics Layers
Land objects
Land parcelMailo•Parcel ID•Parcel address•Parcel name•Area•History
Land parcelFreeholdParcel ID•Parcel address•Parcel name•Area•History
Land parcelLeasehold•Parcel ID•Parcel address•Parcel name•Leasehold term•Leasehold fee•Area•History
Land parcelCustomary•Parcel ID•Parcel address•Parcel name•Area•History
Vertical parcel
•Parcel ID•Parcel address•Parcel name•Area•History
Encumbrances•Encumbrance ID•Encumbrance type•Encumbrance owner•Date of establishment
Mortgages•Mortgage ID•Amount•Mortgage holder•Priority•Date of establishment
Other Sub-Component activities Re-establishment of Geodetic controls, densification and correction
of overlapping surveys
Legal –aid for adjudicating land rights prior to systematic demarcation and upgrading of un-surveyed Mailo Titles – using an NGO advocacy firm
Government Land Inventory, Demarcation ,Surveying and Registration.
Training Needs Assessment and Human Resource Development for the Land Sector – skills required to sustain the new land services delivery paradigm
IEC for policies, laws and activities of the project -
Harmonization of overlapping surveys
UTM Class of Control Points 1970 Number of PointsPrimary -- 130 Secondary Points -------------650 Tertiary Points -----------------950
Arua District:4,900 km2 Primary points -----------------4 Secondary points-------------12 Tertiary points-----------------40
Major causes of overlapping surveys
Major causes of Overlaps- Lack of Control Desk Surveys Assumed data and planning Unethical behavior Political Interference
Ps: Assessment of the magnitude and workload required to correct overlaps has just been completed.
Status update by sub-component
LIS and Registry Modernization – Oct. 2006 Funding for continuation of records rehabilitation, storage improvements
and existing staff training by PSCP-II has been approved and planned for early November start.
Construction of LIS Center – site selected. LIS Consulting firm to develop a preliminary design and specifications for procurement and implementation of the LIS
Construction of Archival Center – site selected, Construction/Renovation of 19 District Offices – sites and MOUs to
dedicate each facility to Lands to ensure sustainability. Rehabilitation of the School of Surveying and Land Management –
started with 2 dormitories completed
LIS and Registry Rehabilitation- program will install, train and pilot LIS over two years, and LIS Roll-out to include 8 more districts over 3 years
Inventory of Government Land
An up to-date inventory of government land, surveyed and registered.
Excess and unnecessary government land identified made available for use by communities and investors.
Assessment of workload has been completed and reports submitted for evaluation.
Revision & Drafting of Land Related Laws
Purpose:1. Revise and harmonize existing laws (including the
Survey Act) with the new Land Act
2. Draft new laws and regulations for LIS, Estate Agents and Archiving of Land Records
3. Conduct public/stakeholder dialogue/consultations
4. Conduct sensitization workshops (target groups and national) to ensure promulgation of laws.
Human Resource Development -TNA
Bank approval of TORs granted in June Evaluation of technical & financial proposals
completed July 13, 2006 Inception report accepted October 14, 2006 Land Registry staff training – Basic computing
and computerized registry operations -starting November 2006
Reopening the Survey School
Rehabilitation of 2 dormitories by Min. of Education completed in June 2006. Plans to admit 80 students in August 2006
using rented classroom space. Business Plan and Curriculum consultancy
started in mid October 2006 Governing board and interim staff confirmed by
Min. of Education.PSCP-II funding to rehabilitate and retool the
school available.
Information, Public Education and Communication – IEC Strategy
Consultancy to develop overall IEC strategy and sensitization program for the project initiated in September 2006. Sub-component activity specific IEC plans to be
developed and utilized strategically. Strategy development to be completed in 6
months from date of contract.
Systematic Demarcation
Piloting SD and workload assessment currently underway.
Assessment results to be reviewed at Nov. 13-14 Technical workshop.
Development of TORs for full scale Systematic Demarcation Pilots to start 20 weeks after acceptance of Assessment report by the Bank.
Harmonization of overlapping surveys
Assessment of workload under the supervision of the Commissioner for Lands and Surveys completed in Oct.
Assessment results to be reviewed at the Nov 13-14, technical workshop
TORs for full scale restoration of geodetic controls and harmonization of overlapping surveys to start 24 weeks after acceptance of assessment report by the Bank.
Overall Benefits of Improving Uganda’s Spatial Data Infrastructure
To Be More Responsive to Key Partners and Clients Demand for Greater Accountability Opportunities Provided by New Technologies Electronic Exchange of Data and Information Efficiency benefits include:
Maximizing use, Avoiding duplication, fraud and illegal transactions, Maximum integration of data, Better public/private sector decision making Better custodianship of records Equitable access to land information for all
Remaining Challenges:
1. Conceptual Issues to be resolved
Data are incomplete and not easily accessible, Not up-to-date and lack documentation on their accuracy and reliability
Fear of Computers: Lack of leadership or senior management support for conversion to full computerization
Failure to identify the full implementation cost , Insufficient or inappropriate expertise and experience
Reliance on experts and technology to dictate sector processes, instead of facilitating and supporting the organization’s information needs.
5. New system for Property Identification necessary in Uganda
District County Sub-county Township Parish Village/quarter of a town Block Plot
•Legislation must make it mandatory to follow cadastral division whenchanging administrativeDivision
•When cadastral boundaries are changed, the administrative division should follow.
2. Management Procedures
Central level; responsibilities for developing, maintaining and operating technical solutions (in-house capacity development or out-sourcing)
District level capacity deficit; responsibilities land services and for up-dating and information management.
Central OfficeCentral Office
Central Database
District OfficeDistrict Office
3. Information/ Data Security
Standard on information security includes:
1. Business Continuity Planning 2. System Access Control 3. System Development and Maintenance 4. Physical and Environmental Security 5. Compliance 6. Personnel integrity 7. Security organisation 8. Computer and Network Management 9. Asset Classification and Control10. Security Policy
Information Security Policy/ Guidelines
Legal Requirements
Organization
Personnel Security
Asset Control Inventory
Incident HandlingReporting & Following-up
System Development&
Maintenance
Physical Security
ContingencyPlanning
Software Security
Access Control SystemUser Roles &
Privileges
Hardware Security
Data CommunicationNetworking