A team of consultants from LEI recently guided the revision of the Strategic Plan for the Implementation of Land Laws (SPILL) (2013), a roadmap for the development of the Land Sector in mainland Tanzania.
After extensive research, review and consultation, a revised Strategic Plan for the Implementation of Land Laws (SPILL) (2013) as a roadmap for the development of the Land Sector in mainland Tanzania has been developed under the guidance of a team of consultants from LEI. Working closely with the Ministry of Lands, Housing, and Human Settlements Development (MLHHSD), the 2005 strategic plan was reviewed and updated in the light of the commitment of national and land sector leadership to improving land service delivery and transparency.
SPILL has identified priority areas and activities for implementation. It was developed with wide consultation to be a comprehensive vision and action plan, as well as providing prioritisation and sequencing of activities under known constraints and resource challenges. It considers various costings and financing arrangements for sustainable implementation. This extensive piece of work and road map was prepared in consultation with major stakeholders who are instrumental to the successful implementation of SPILL, including MLHHSD, the Regional Administration and Local Government in the Prime Minister’s Office, the Ministry of Justice and Constitutional Affairs, as well as other government, private sector and civil society participants.
The Government is using SPILL as the platform for the design and implementation of a medium (5-year) to a long (10-year) term sectorial programme to enable the completion of the ongoing initiatives, to scale up recent pilot projects and take advantage of the newly established geodetic network and the coming Integrated Land Information Management System. The successful implementation of SPILL will ensure that land is best used to support the current and future social, economic and environmental development of the country.
A recent re-focusing of activities means the project can now better support land administration initiatives identified by the Minister of Lands as being critical to the development of Vanuatu.
Tangible progress has been made over the last 12 months on the Vanuatu Land Program, largely as a result of the support provided by the new Minister for Lands. A recent re-focusing of activities means the project can now better support land administration initiatives identified by the Minister of Lands as being critical to the development of Vanuatu. The Program will focus on supporting land administration activities which will also support future infrastructure development around Port Vila and Luganville as well as other economic development initiatives across the country through the provision of improved land administration practice and procedures in the areas of land registration, surveying and valuation.
By way of practical examples: with the Program support, the Department of Lands have removed a backlog of unregistered instruments (in excess of 6,000) and almost completed the updating of the Lease Registers. This has required the reprinting of in excess of 10,500 Lease Registers and the manual checking of all existing Lease Registers that are on file. This significant achievement will improve the transparency of the lease process and significantly reduce the time required to register a new lease.
A Document Tracking System (DTS) has been developed for the Land Registry Office and Document Tracking Systems are also being developed for survey, valuation and planning. The Document Tracking System has helped facilitate a streamlining of registry processes and enables staff and users of the land registry to track the progress of an application, increasing the transparency of the process.
This week new survey equipment arrived to help the government carry out efficient and accurate surveys. As well as procuring the equipment the Program is also providing government survey staff with a week’s intensive training in use of the new equipment. In conjunction with this initiative current cadastral surveying and plan presentation procedures are also being improved. These activities will be particularly valuable in facilitating the significant infrastructure projects planned around Port Vila.
The Modernisation of Land Services and Institutional Strengthening Project, a component of the 2007 Millennium Challenge Corporation and the Government of Lesotho ‘Compact,’ was executed by LEI over a 40 month period - October 2009 and February 2013. LEI thank all our counterparts who contributed to making this project a success and wish the staff of the LAA all the best for a successful future.
The primary objective of the project was to address deficiencies in the delivery of land administration services in Lesotho by supporting the creation of a new Land Administration Authority (LAA) - merging the Deeds Registry and the surveying functions of the Department of Land, Survey and Physical Planning to form a new, modern, cost-effective and efficiently managed organisation.
The project formed a major component of the Land Administration Reform Programme carried out under the Private Sector Development (PSD) component of the Compact with the policy objective of enhancing the investment climate in order to increase private sector investment. Having an institution capable of delivering secure land rights in an efficient and equitable manner underpins this objective.
The project focused on institutional strengthening, capacity building and making improvements to the legal framework. As a result of LEI’s efforts the LAA has been successfully established as a fully operational, autonomous Government agency reporting to the Minister of Local Government Chieftainship and Parliamentary Affairs.
While it is still early days in terms of determining the direct impact, there are tangible indications that the organisation is helping to develop Lesotho’s emerging land market. The number of leases being issued as a result of ‘sporadic registration’ (i.e. not including leases issued as a result of the systematic regularisation component of the LARP) has increased more than two fold since project inception. Subsequently, the number of secondary transactions handled by the LAA, has increased from 176 to 329 over the same period indicating a growing confidence in the formal land market. Realising the potential of formalised tenure, there has also been a two fold increase in the number of mortgages registered by the LAA, 153 in 2009 increasing to 308 in 2012. This indicates improved confidence on the part of lenders to secure loans against registered leases (titles) and an increased understanding amongst citizens of the importance and use of land as an economic asset.
The United Nations 2009 Global Report on Disaster Risk Reduction ranked the Philippines as the third most-disaster-prone country globally, as witnessed during two typhoons in 2009 which caused $1 billion of infrastructure damage in Metro Manila and loss of life.
To assist the Government of Philippines, AusAID has established the project Building the Resilience and Awareness of Metro Manila Communities to Natural Disasters and Climate Change Impacts Program (BRACE).
LEI's Philippines affiliate, Land Equity Technology Services (LETS), in partnership with a local urban planning and land use management firm - CONCEP, was recently awarded the AusAID Preparatory Phase Architectural and Engineering project for BRACE. This is a 12 month project based in Taguig City in Metro Manila. The preparatory phase project will prepare designs for housing for the poor who are located in disaster prone areas of the City; prepare a financing model to make the project sustainable, and prepare the land management component concerned with strengthening the City for better planning and use of land resources.
Our project strengths are founded on our experience improving land administration systems working previously with local government units in the Philippines, and developing innovative partnership arrangements with national agencies. We were also able to build capacity and design systems that led to vast enhancements in local government land information systems and GIS technology capability to support core functions of revenue generation, land use planning and now critical tasks of disaster risk management.
For more information contact: Ms Lulu Reyes, LETS General Manager.
LEI's Managing Director recently visited Romania as an adviser on the World Bank Implementation Support Mission of the CESAR Project ñ it looked more like a holiday destination?! Hidden among the beauty of Saxon fortified churches, treasured villages, and lush green pastures of Romania, lies the CESAR project with cadastral, public awareness and notary public issues hindering the completion of 0.7 million hectares of systematic registration.
Romania is one of the few countries in ECA to implement a full systematic registration process with public display. The process is being undertaken by contractors with government officials providing extensive checking of the field results prior to the public display. In this checking the officials are attempting to reconcile issues such as discrepancies between the parcel areas mentioned in prior deeds and documents and areas measured in the field, as well as issues related to succession for every immoveable (parcel). Despite this extensive quality oversight, complaints in the first district (UAT), Valea Mare during the public display period were made against nearly 50% of all immoveables. With a total of about 10,600 immoveables surveyed and adjudicated, there were nearly 400 complaints which involved 5,459 immoveables. This result highlights the relative importance of prior checking and the validation in the public display.
There are other issues that have impacted on the work, including a change in the Civil Code that has made systematic registration an even more complex process. An extra step has been included in the process to enforce the registration of succession which requires a notarial deed and the payment of a tax levied by the Ministry of Finance. This immediately stalled the registration process. These issues are not too unfamiliar with many other systematic registration projects, and all need to be carefully negotiated during roll out among all the stakeholders. The Missions are a good opportunity to help resolve project bottlenecks and in the case of Romania soon after the mission, Parliament had already made changes to key legislation to address a number of the issues.
LEI are currently working with the Ministry of Natural Resources & Environment (MNRE) in Samoa through World Bank funding to implement the 2009 Unit Titles Act. The Unit Titles Act, the first of its kind in Samoa, was introduced to promote investment in property development in Samoa. LEI are providing a small consultancy team to establish clear and comprehensive administrative mechanisms and regulations to support the enacted legislation.
The team of registration, legal, survey and IT experts completed the first phase in March 2012 and this month are completing the second phase of the project. The MNRE have been working closely alongside the LEI team, playing an effective role in facilitating more than 12 stakeholder meetings. These ëquestion, answers and feedbackí sessions were part of the stakeholder engagement process to explain the enactment of the Unit Titles law. Representatives from government departments (including MNRE, Attorney Generalís Office, Planning, Works Transport and Infrastructure), private sector surveyors, lending institutions, valuers, the law society and members of the chamber of commerce attended these sessions.
In addition to consultations and training workshops, the team and MNRE counterparts have:
- Prepared an implementation strategy to implement the Unit Titles Act.
- Reviewed the Unit Titles Act and a draft amendment Bill.
- Drafted regulations that now await the Attorney Generals approval.
- Reviewed the survey processes and prepared and trained surveyors in procedures and guidelines to up-skill the Public and Private sector surveyors in Unit Title plan preparations.
While MNRE work simultaneously on the development of an Open Source Software Land Registration System (SOLA), our IT expert in collaboration with this team is making necessary adjustments to the existing computerized Land Registry System to ensure the seamless registration of Unit Title applications until the new SOLA system is in place.
For more information, please direct your queries to Mr John Meadows, Team Leader/ Registration Specialist.
"There is a strong positive association between women's land rights and poverty reduction; this is because women's control over land assets enhances household welfare, women's cash incomes and spending on food, children's health and education."
- United National Human Settlements Programme (2008, p.15)
There is increasing awareness that land reforms are not gender-neutral interventions. Issues around gender and land are complex. In Vanuatu access to resources is governed by both written and customary laws. In instances when conflicts exist between traditional norms and national laws, as is often the case when womenís rights are considered, local norms generally prevail and are enforced by community members. Research in Vanuatu shows that women are largely absent from both the formal and customary processes and women assert to know little about decision-making over land.
The Mama Graon Vanuatu Land Program - has a unique opportunity to challenge socially constructed attitudes and gender roles and relationships amongst men and women, boy children and girl children, and strengthen the capacity of women to participate in leadership and decision-making within customary and formal land dealings.
The Program's gender team has been facilitating a gender assessment to gain a better understanding of the situation for men and women within partner agencies and within the land sector more broadly. The impact of gender has to be considered on the basis of a specific analysis, since relationships are largely determined by local conditions and are context specific. Land reform efforts must also proceed with an understanding of the diversity in land tenure systems in Vanuatu, within provinces and between islands.
Consultations and research culminated in a program Gender Equality Strategy and Plan to guide the program and partner agencies towards equitable participation, leadership and ownership of the Mama Graon benefits.
Complementing this strategy is the recent appointment of Mr Gary Tavoa, the program's National Gender Focal Point, who will ensure a sustained approach in addressing the complex issues around gender and land in Vanuatu. Across the island locations in Vanuatu, consultations contributing to the development of the Government of Vanuatu National Gender Policy, continue to be held providing decision makers with a better understanding of the entry points for women in the customary land space, typically a very male-dominated space.
Cross-cutting issues, such as gender, often do not receive adequate resources or full engagement by land program partners, and therefore the momentum of these gender activities may well have some lessons for other projects from which to learn.
For more information on our Vanuatu activities, please contact Program Director, Mr Chris Lunnay.
The Mama Graon Vanuatu Land Program, led by Program Director Chris Lunnay, made tremendous advances in strengthening customary governance in 2011. Actively working through program partners has been one of the key modalities towards effective progress.
In September 2011, a Customary Land Workshop was held by the Malvatumauri National Council of Chiefs during which, 19 resolutions were presented to the Minister of Justice. The resolutions are in line with wide spread beliefs to improve Kastom Governance. Resolutions were taken further afield to Tafea Province for a Provincial Workshop on Tana, and then on to the Islands for discussion with Chiefs and the people of each island. Four resolutions have been integrated into the 2012 work plans of the Island Councils for Tafea Province.
Hurdles still need to be overcome during the year to ensure there is continued program momentum. These involve adequately resourcing the Customary Land Tribunal Unit, providing further capacity development to manage land conflicts, and establishing a sustainable and effective communication strategy through the Communication Working Group. Already, working in a consultative and collaborative manner with key Program partners is proving to be of utmost importance in the effective delivery of land development in Vanuatu. The program focuses on responding to local needs and demands. It also focuses on and ownership of the objectives by partners is demonstrating success as shown by the adoption of resolutions by island council work plans. The key enabling partners of the Mama Groan Program are: Malvatumauri, National Council of Chiefs, Department of Lands, Customary Land Tribunal Unit, Vanuatu Cultural Centre, among others and donors AusAID and the New Zealand Government.
For more information, AusAID have recently published program information, and encourage you to read the Mama Graon Annual Plan: visit AusAID - Mama Graon Vanuatu Land Program.
More than 1.5 billion people live in Asian cities and by 2030 at current urban growth rates, an additional 1.2 billion people will be living in cities in the region. The region is facing growing problems of access to safe drinking water, rapid population growth, reduced access to land for growing food, and climate change related problems of natural disasters and rising sea levels.
LEI with Emeritus Professor Brian Roberts, have combined our land administration and urban development expertise to spearhead urbanisation and tenure security challenges. Prof Roberts is intimately involved in leading new schools of thought on city cluster development in Asian cities. There is increasing need to develop strategies for social housing and access to land for urban populations, to avoid ever increasing poverty and emergence of slums in Asian cities.
The social and economic attractions for populations migrating to cities are not necessarily being met by employment opportunities, nor planned and affordable shelter, causing urban sprawl and a depreciation of quality of life. City cluster development focuses on the economic drivers, competitiveness of cities and their industrial productivity, balanced with environmental and socially sustainable models.
The Asian Development Bank have published this work in a book titled, Competitive Cities in the 21st Century: Cluster Based Local Economic Development, to support practitioners to analyse and create action plans for industry clusters and for using cluster-based city economic development (CCED) approaches.
Urban problems and local ownership of the solutions are key to development. Hence why LEI are involved, through our local affiliate Land Equity Technology Services (LETS) Philippines in implementing an ADB project on Local Government Revenue and Land Administration Reform.
This project assists nine Local Government Units to build their capacity to undertake reforms that will optimise their revenue results and improve overall decision making and investments. The project facilitates technical advice in property valuation, land market information, up to date spatial data on actual land parcels and improvements, local property tax policy, investment and environmental planning and revenue collection. We look forward to providing a detailed project report in the next LEI Newsletter Issue, coming July 2012.
LEI recently acquired Strategic Planning and Management Services (SPMS) Pty Ltd to now offer services in urban management, urban planning and economics, complementing its core service offerings in land administration. The acquisition of SPMS engages Emeritus Professor Brian Roberts as core staff at LEI as the Senior Urban Management expert.
Professor Roberts has qualifications in land surveying, urban and regional planning, and design and business management and holds a PhD in urban and regional economic development. After several senior posts within United Nations Centre for Human Settlements, Queensland state government (Australia), two academic institutions and the consulting industry, he is committed to integrating LEIs land and project management expertise with urban sector development.
With over 30 years international consulting experience, Professor Roberts is adept in designing and managing large and complex multi-discipline projects. Consulting for ADB, AusAID, World Bank, UN, as well as direct Government assistance, he has overseen national and regional institutional reform programs; developed national urban management policies; established higher level education and training; and briefed heads of State and Ministers across various countries.
LEI look forward to drawing on Professor Roberts’ vast network and experience and integrating this with LEI’s successful undertaking of large land administration reform programs and consultancies. LEIs Managing Director, Tony Burns on the acquisition: “We anticipate this merger to significantly strengthen our service offering and competiveness to meet increasing development demands in the urban sector as well as decentralized activities at the local government level.”
LEI remain a unique, niche project management company focused on land administration reform service delivery through our highly skilled professional staff. LEI now have additional capacity to better understand and find solutions to urban management, planning and urban economic issues.
A sample of projects below demonstrates the range and global diversity of projects SPMS was previously involved in:
• State of the Worlds Cities Report 2012, chapter on City Cluster Development, UN Habitat (2011)
• State of Asian Cities Report, co-author of chapter on the State of the Environment of Asian Cities with CSIRO, UN Habitat (2011)
• Toolkit Guide for Rapid Economic Assessment, Planning and Development of Cities in Asia, Asian Development Bank (2011)
• Competitive Cities in the 21st Century: Cluster-based Local Economic Development, ADB, 2011
• Cluster Development training program for Quang Nam Province, Vietnam, with Hansen Partnership, World Bank, (2009)
• Development Partnership Program for South Asia - Clustered Cities Development, Bangladesh, India, Sri Lanka, ADB (2009)
• National Capital Region Plan 2030, Hanoi, with Hansen partnership and National Institute Urban and Regional Planning, Vietnam (2009)
• Economics of Development for Planning, Certified Planning Course Instructor
• Policy Note, Sustainable Economic Development Strategy for Aceh, Indonesia, World Bank, with CSIRO (2007)
• Design Framework for Local Governance Development Program, Philippines, AusAID (2005)
• Quality Assurance Contract for the Philippines Land Administration and Management Project, AusAID, (2001-2010)
• Urban partnership workshops and training program for City Net, Nepal, UNUMP, 2000
• Development of Planning Institute for Solomon Islands, RAPI, (1999)
Emeritus Professor Brian Roberts’ curriculum vitae will soon be accessible via our website, or contact Brian directly via email: firstname.lastname@example.org.