On the 14th and 15th April LEI were involved in organising the first Small Island Developing States (SIDS) Workshop during the Sydney FIG Congress 2010. More than 40 island state representatives from the Pacific, Caribbean and Africa joined fellow international land practitioners to discuss the latest developments and challenges facing land administration and management.
The two day seminar brought together small-island developing state (SIDS) representatives through funding support from AusAID, the Food and Agricultural Organization (UNFAO), NZAID and the Commonwealth Foundation. In keeping with the FIG Congress theme ‘Facing the Challenges–Building the Capacity’, the workshop was premised on articulating the input of land professionals in the Pacific and Caribbean and how mechanisms and capacity requirements can be met to ensure effective contribution towards achieving the MDGs. The seminar was structured around four key themes: professional capacity in land administration; response and risk management of climate change and natural disasters; impediments to access of land and resources; and considerations of good land governance and administration.
It was recognised that there is a serious lack in depth and breadth of capacity among the represented island states to effectively adapt to and address the prevailing social, environmental and economic issues facing small island nations. From the recent natural disaster experiences of Samoa and Solomon Islands, a strong message was evident on the contribution towards risk assessment and resilience that can be made by land professionals and practitioners. However it is important to recognise that such contributions need to be communicated at the political and decision making level for the most effective impact and support. Various efforts are being undertaken to address continuing customary land tenure security issues and land conflict resolution mechanisms. Papua New Guinea’s current national land development agenda is progressing rapidly on customary land development mechanisms through their Incorporated Land Groups provoked much discussion.
As a result of the presentations and ensuing discussions at each session, a comprehensive Agenda for Action was drafted. The Agenda for Action outlines capacity building approaches and mechanisms that are required to address the challenges. These involve education and on-the-job exchange opportunities and training to improve professional capacity, utilising advanced technology to transfer knowledge and experiences more effectively between the isolated states, as well as encouraging professional standards and ethical practices that will seek to improve land governance. Effectiveness and sustainability requires building strong relationships and regional networks among land professionals, practitioners, politicians, academics and institutions, professional bodies, global organisations and development agencies to facilitate the agenda on social, economic and capacity development among small island development states.
To further the action agenda of the SIDS workshop it requires individual countries to act responsibly in the region by developing national action plans, while ensuring the Pacific Island Land Professionals Association (PILPA) take ownership and provide the momentum forwards. LEI look forward to taking part and seeing further development thrust along the lines discussed and providing support and guidance to initiatives where possible. When the Agenda for Action for Building Capacity in Small Island Development States is published through FIG, LEI will make this available via their website homepage or can be requested by contacting firstname.lastname@example.org.
As a result of the Accra Agenda and the global commitment to improving aid effectiveness LEI have prepared a Framework for Aid Effectiveness which we are actively applying across our projects. The framework focuses our approach around the three primary principles; (1) strengthening country ownership, (2) building effective and inclusive partnerships and (3) delivering and accounting for development results. LEI have defined a strategic framework to extract lessons and report on aid effectiveness across all projects and activities implemented by LEI.
The reporting framework requires input on a project or sector initiative basis regarding the initiatives undertaken, the processes used with application examples and the outcomes achieved that show impacts both positive and negative as a reflection of the Accra Agenda for Action principles. The framework has recently been applied at the closure of our Philippines LAMP II project. The following table shows LAMP II project results highlighting just one initiative from each of primary principles on Aid Effectiveness. This framework is proving to be a very useful tool for LEI to both evaluate progress for ongoing projects and transfer lessons across projects to ensure the most effective project delivery is undertaken.
For the past 12 months LEI have been assisting the Government of Yemen to deliver improved land services under a new land agency GALSUP (General Authority for Land Survey and Urban Planning). We assisted the Government of Yemen in formulating a national and local level policy and regulatory framework for public land management, land registration, and urban planning following the consolidation of these activities in GALSUP.
Some of our accomplishments include:
• delivering two strategic plans, one for a public land inventory for Taiz city and the other for a "model land authority branch office", to be piloted in Taiz governorate
• revising 3 laws (Land Registration, State Land Management and Urban Planning) and drafting 2 laws (Public Land management and Urban Planning)
• drafting Executive regulations and a Manual for the Land Registration Law
• revising the GALSUP organizational decree and proposing amendments to strengthen Authority functions
• revising the existing GALSUP organizational structure and preparing job descriptions, mandates, roles and responsibilities for GALSUP staff
• delivering a Statement of Requirements, Implementation Plan, and Architectural Requirements for a Computerised Land Registration System
• undertaking two policy studies in Public Land Management and Land Use (Urban Planning)
After an extended process of conceptualising, developing, and pilot testing, the Land Governance Assessment Framework (LGAF) in collaboration with the World Bank, is now being rolled out in Benin, Rwanda and Mozambique. A final Economic Sector Work report on LGAF will also be published in the near future by the World Bank.
The latest presentation on the development of the diagnostic tool, LGAF, was made by World Bank senior economist, Harris Selod from the LGAF team, at the Annual Bank Conference on Land Policy and Administration, Washington DC, April 26-27, 2010. LGAF has been developed as a comprehensive land sector-wide framework for assessing various systems, practices, legal arrangements and services. It is a most valuable tool and starting point for the early stages of reform, as recently experienced by a team who implemented LGAF in Benin 2009. Like all reform interventions, the LGAF process requires a high level of government and political buy-in to ensure the analysis and consultations go beyond rhetoric and are genuinely considered by technical and policy stakeholders who directly inform the reform process.
The following five key areas were considered to encompass all the elements of a good land governance assessment framework:
• A legal, institutional, and policy framework that recognises existing rights, enforces them at low cost, and allows users to exercise them in line with their aspirations and in a way that promotes the benefit of society as a whole.
• Arrangements for land use planning and taxation conducive to avoiding negative externalities and supporting effective decentralisation.
• Clear identification of state land and its management in a way that provides public goods cost effectively; use of expropriation as a last resort only to establish public infrastructure with quick payment of fair compensation and effective mechanisms for appeal; and mechanisms for divestiture of state lands that are transparent and maximise public revenue.
• Public provision of land information in a way that is broadly accessible, comprehensive, reliable, current and cost effective in the long run.
• Accessible mechanisms to authoritatively resolve disputes and manage conflicts with clearly defined mandates, and low cost of operation.
The framework sets out 21 indicators across these five themes and includes 80 dimensions or sub-indicators, used for assessing a country or jurisdiction’s land sector governance and policy situation. Having a blueprint assessment framework suggests cross-country comparisons can be made. This is one of the intents; however comparisons should be done with critical analysis to ensure the south-south exchange of experience is appropriately contextualised. Experts undertake in-depth investigations on background information surrounding the main thematic areas. This is essential preparatory data collection which is then used to support panel consultations. The implementation manual is carefully designed for instructing the data preparation and subsequent eight panels of experts used to discuss rankings, and quantitative and qualitative assessments of a subset from the 80 dimensions. Each expert panel addresses a particular thematic area. Limited field studies and sampling may be required to gather empirical evidence if a large discrepancy in rankings or inadequate data exists following the panel sessions.
To maximise operational effectiveness of LGAF and implementation into policy and development dialogues it is desirable that general agreement is made with the government from inception. This should aim to establish improved access to data, receive official comments, and ensure involvement in a joint workshop at the conclusion of the study to disseminate results. These actions are also complimentary to making the FAO voluntary guidelines and African Union Land Policy Initiative operational.
Further roll out of LGAF is being considered by development partners. Since LEI’s involvement in the critical stages of conceptualising, developing and testing LGAF, we have learned lessons and expanded our knowledge across the regions on issues of good governance in land administration and management. These are now able being applied across our projects and with our continuing role in research and development in the land sector.
More details on the indicators and discussions on LGAF operation can be found in the recent publication, The Land Governance Framework: Methodology and Early Lessons From Country Pilots (page 188) in the Joint Discussion Paper, Innovations in Land Rights Recognition, Administration and Governance by K. Deininger, C. Augustinus, S. Enemark and P. Munro-Faure, World Bank Agriculture and Rural Development. LEI will also notify interested parties when the final ESW report on LGAF is available.
It has been an exciting 6 months for LEI with our strategy to target new projects in Africa starting to come to fruition. We have had two recent project wins in Lesotho being awarded an MCA contract for a Systematic Land Regularisation and Land Allocation Project in July 2009 and being formally notifi ed of our success in bidding for a second project, Modernisation of Land Services and Institutional Strengthening, in August 2009.
The major activities LEI will be supporting under the two projects are:
• Piloting land regularisation for 5000 parcels
• Developing improvements to land allocation procedures
• Improving record keeping
• Assisting the Government of Lesotho to create a single Land Administration Authority
Our team have started work under the fi rst contract and have just completed the Inception Report and area selection criteria for a pilot land
It has been too long since our last Newsletter and I apologise for this delay. It has been a very busy year and we have not given the newsletter the necessary priority, but we hope that we are back on a quarterly schedule for the Newsletter. I am writing this newsletter in Dar es Salaam at the start of a 5 week trip. Africa is a major focus for LEI. We now have two good sized contracts from MCA in Lesotho. I also have on-going commitments in Tanzania and Ethiopia. We are bidding for work in Nigeria, Uganda and Namibia. This is my fourth trip to Africa this year, an indication of the increasing importance of the region in our business. In mid 2009 we prepared an LEI Strategy for Africa that identifi ed a list of countries and prospective projects. This draft strategy has been adopted and is being implemented.
Last month I participated in a UN-HABITAT-organised expert meeting in Nairobi to review draft guidelines for addressing land issues in a post-confl ict situation. This workshop is a reflection of the increasing importance of land issues in post-confl ict situations. The 2005 UN-sponsored Humanitarian Response Review identifi ed land as a critical gap in international response capacity. UN-HABITAT at the request of the Early Recovery Cluster has prepared draft guidelines to provide simple and clear guidance for addressing land issues in a post-conflict environment. Part of the challenge in doing this was the considerable gap that exists between humanitarian and development actors when it comes to land issues. I have copies of draft papers if anyone is interested.
The Second Land Titling Project in Lao PDR fi nished at the end of June 2009. It was a little sad to fi nish our involvement on the project after an involvement that goes back to 1994. I am confi dent that despite the diffi culties in the last year or so, and signifi cant differences in priorities between the development partners, the work that we have completed in Laos will lay the ground work for the continued social and economic development of the country. LAMP II in the Philippines is now in the last year of operation with our contract with AusAID set to end on 30 June 2010. This project too has had its challenges in recent years, largely due to poor leadership and oversight of project activities in DENR. Despite these diffi culties Ian and the team continue to make progress, particularly in the finance and tax area.
In August I had the pleasure of standing in for Chris Lunnay as the Quality Manager on the USAID-funded Strengthening of Land Rights Project in Timor Leste. This is an interesting project where we are providing key short-term technical advice to an ambitious project to
provide a legal and institutional framework to record claims over land in Timor Leste. The Chief of Party on the project is Nigel Thomson, who has worked in the past on LEI projects in Laos and the Philippines. There is an interesting difference in the approach adopted by USAID in engaging with the institutions and building capacity and this is generating challenges in implementing sustainable systems.
The reason that I had to stand in for Chris was because he was busy supporting AusAID in the design of the land program in the Pacific. Chris has been busy working on the designs for the PNG land project and the Pacifi c Regional Land Program. We are preparing for the AusAID tenders that are due in the coming months on these projects and in particular the land project in Vanuatu.
LEI have been managing the Land Administration and Management Project (LAMP) for AusAID in the Philippines since 2001. The project has focused on institutional reform, policy development, improving tenure security through land registration, and introducing valuation reform.
In line with our commitment to aid effectiveness LEI has trialled a number of new initiatives under LAMP to enhance local ownership, promote demand driven assistance, and reward progressive agencies. One of the most successful initiatives has been the introduction of an Australian government funded AUD$2.6 million Innovation Support Fund (ISF). Local governments can apply for grant funding under the Innovation Support Fund to improve their land administration and management services. The funding is demand driven and based on competitive selection. It rewards progressive local governments by providing them with the fi nancial and technical assistance they need to progress reforms. There are currently 10 local governments being supported under the Innovation Support Fund under LAMP.
LEI have been responsible for designing the function of the Innovation Support Fund, developing the processes, procedures and forms, selecting successful applicants, and managing funding allocations. This has required signifi cant promotion among local governments on the purpose of the Innovation Support Fund, the types of projects that may be supported, the documentation required, and providing assistance with preparing applications. We are also providing technical assistance to help local governments establish new systems (mostly in GID and valuation) and train staff in technical and managerial areas. Our approach is designed to enhance sustainability, weuse Filipino staff trained by LEI under the one-stop-shop in Leyte as much as possible as trainers and mentors for new local government staff.
The whole Innovation Support Fund is built on partnerships. These include partnerships between; LEI, AusAID and governments from central to local levels. Local governments applying for grants must partner with central agencies, such as Department of Natural Resources and the Registry of Deeds, before their application for funding will be considered. LEI assign a Program Offi cer to every local government selected for funding. The Program Offi cer acts as a bridge between the local government, technical advisers, LEI and partner agencies, to support and mentor local government officers.
An independent review of the ISF was conducted in February 2009, some key fi ndings included:
• The demand driven nature of Innovation Support Fund grants has created substantial local ownership.
• Ownership is established via the requirement of the applicant LGU to co-fi nance the project. In all cases the LGU has contributed at least 20% of the funding, and in some cases they have matched the grant dollar for dollar.
• Local governments are the best advocates of the program and have started forming their own support networks contributing to the sustainability of reforms.
• Cluster Centres have formed diffusing information between project supported local governments and neighbouring local governments and leading to indirect benefi ts in local governments which have not directly received grant funding.
• Local government skills have improved not only in technical areas (GIS, IT, surveying, valuation) but also in non-technical areas such as strategic planning, project design, fi nancial management, monitoring and evaluation.
The Review Team report also stated that:
“The Review Team considers that it is likely that the benefi ts of most ISF initiatives will be sustained. This is partly the result of the strong ownership of projects by the LGUs but also the value of the ensuing benefi ts to future LGU administrations.”
LAMP Team Leader Mr Ian Lloyd, has worked with other donor agencies looking to incorporate the ISF initiative within their own programs to ensure that lesson learned and best practice is transferred across programs.
As LEI’s successful and committed team of national and international staff close project operations of Phase 2 on the Lao Land Titling Project we reflect on the impact of over 15 years of donor assistance.
When the first mission of design experts gathered in Vientiane in 1994 they had an enormous task ahead of them, creating land market mechanisms that will strengthen the economic platform in an emerging market economy. This strategy was met with signifi cant constraints, including, minimal basic land administration systems in operation, addressing the limited capacity and resources within the Lao PDR government, and appreciating the benefi ciary capacity to engage in land registration. In light of this, the project has managed to achieve the following key outputs (Table 1) simultaneously with signifi cant efforts reforming policies and laws.
Prior to Project 1995
End Project 2009
↑ Government revenue from land transactions
↑ Government capacity
↑ Tenure security
↑ Education opportunities
While key partners and political will supporting the project has fl uctuated over the years it is clearly evident that the project objectives to
improve tenure security, institutional capacity and increased revenue have been met. Technical advice provided through the AusAID funded component, managed by LEI, provided approximately 650 months of technical advisor inputs, with a 40/60 split between international and national advisors. Strategic partnerships throughout the project were key elements of effective implementation, particularly partnerships with the National Geographic Department for geodetic control, the Polytechnic College for diploma level education and the Lao Women’s Union providing community and gender specifi c education and services.
In leaving the current implementing agency, the National Land Management Agency, the project leaves in place a well-functioning system for issuing land titles and dealing with subsequent transactions, a computerised registration and valuation system, a fully trained and resourced cadastral surveying unit with accompanying decentralized teams, standard operating manuals and service standards, and a national monitoring and evaluation system. As land titling initiatives under NLMA take on new challenges expanding to rural and upland areas it will be critical that the social and environmental safeguards which were well developed during project implementation remain high on the agenda.
Following on from LEI’s successful implementation of the West Bank Gaza National Land Policy Framework project, LEI were awarded another World Bank funded contract focusing on land policy - ‘Consulting Services for Strengthening Land Management’ in Yemen. LEI have mobilised a team of experts to support the Government of Yemen using a highly consultative process to develop a shared land policy vision that provides overall direction for the administration, management and development of land.
The Ministry of Planning, Palestine, have recently made available eight key land policy reports from the National Land Policy Framework project completed by LEI in 2008. These papers focus on the situation and recommendations for land registration, land markets, valuation, public land management, education, legislation, institutional arrangements and land disputes. A testament to the consultative approach and openness in developing this framework, the Ministry of Planning has made the policy papers publicly available on the following website: http://www.mop-gov.ps (under the heading Projects).LCIS with links to the textual database for GIS analysis.