The White Paper on the Australian Government’s overseas aid program identified the need for a collaborative and demand driven Pacific land mobilisation program. The AusAID Pacific Land Program that is being developed has two objectives; (i) to survey and disseminate innovative land mobilisation practices in the Pacific and (ii) to resource innovations and improvements in land tenure arrangements.
To progress the first objective AusAID will be preparing a report that looks at innovative practices and problems in landtenure in the Pacific. To assist with the preparation of the report AusAID commissioned a series of case studies to be undertaken in the Pacific region.
Chris Grant, Chris Lunnay and Jim Fingleton were involved in the preparation of casestudies, which were then peer reviewed. Chris Grant prepared a case study on “Accessing Land for Public Purposes in Samoa”; Chris Lunnay prepared a case study on “Training and Educating Land Professionals in Papua New Guinea, Fiji and Laos”, and Jim Fingleton was involved in the preparation of several case studies; “Recognition of Customary Land-owning Groups in Vanuatu using Land Trusts”, “The Systems of Land Dispute Settlement in Papua New Guinea” and “Land Registration among the Tolai People: waiting 50 years for Titles”. Provided by Chris Lunnay
Chris Lunnay has been involved in supporting the Government of Papua New Guinea with the development of a Concept Design Document for their National Land Development Program (NLDP). Chris undertook an initial visit to Port Moresby in early July to assess the GoPNG requirements. There was a need to link the outputs from the concept design activities into the PNG annual budget cycle, which meant that all design activities needed to be completed by early September. A concept design team was put together at very short notice and mobilisation of the team commenced on 5 August. The international team consisted of Chris Lunnay (Team Leader/Land Administration), Kevin Rainsford (IT Policy/Valuation), Norena Kavanagh (Institutional and HRD), Pamela Harris (Community Education and Customer Service) and the nationals were Oswald Tolopa (Legislation and Disputes) and Dr Lawrence Kalinoe (Customary Land).
A number of readers of this newsletter may be aware of the chequered history of land reform initiatives in PNG and may well think that this is just another futile attempt at addressing land issues. It certainly is another attempt, but this time there is significant momentum to implement land reform initiatives. A National Land Summit was held in Lae in August 2005 with the theme, Land, Economic Growth and Development with the main objective being to generate strategic options to access land for development. Following the Land Summit a National Land Development Taskforce (NLDT) was established to identify problems and issues relating to land administration, land dispute resolution procedures and how best to access land under customary ownership to enable development.
The NLDT and its three committees – Committee on Land Administration, Committee on Land Dispute Settlement and Committee on Customary Land Development commenced activities in January 2006. In July 2006 the findings and recommendations from the three committees were considered and endorsed by the NLDT. A series of consultations were then convened including to government Ministers, state institutions and donor agencies through to groups with common interests such as provincial governments and the general public. In November 2006 the taskforce presented its report, “National Land Development Taskforce Report” to the Government.
The NLDT Report made 54 recommendations on agreed actions that are required to address deficiencies in the management of land administration activities, develop customary land initiatives and improve the land dispute settlement procedures. These recommendations provide a clear direction for the progression of land administration initiatives in Papua New Guinea.
This Concept Design Document is the next step in the process towards a comprehensive reform of land administration activities in Papua New Guinea. It builds on the outcomes from the NLDT Report, ensures that the momentum that has been developed in moving toward a reform agenda is maintained and also provides a framework around which the reform processes can be developed. Provided by Chris Lunnay
From Public Relations To Social Mobilization: Tweaking LAMP II IEC To Fit Philippine Social Realities
Many long hours went into the production of the Technical Assistance Annual Plan for 2007-2008. The initial plan had to be revised to reflect the reduced level of TA funding from AusAID in the current financial year. The revised Plan was approved in August and recruitment of international and national TAs to assist the GOP with the agreed program activities is now in full swing. Organisational assessments were completed for the Land Management Bureau (LMB) and the Bureau of Local Government Finance (BLGF) and both organisations have agreed to participate in a Change Management Program.
The Land Registry Authority (LRA) has undertaken a parallel integrity development review and has undertaken to share the results so that it can benefit from capacity building initiatives that will enable these agencies to lead the land sector reform process. The Competency Based staff recruitment and training approach of LAMP will be strengthened with the recruitment of new advisers in the areas of GIS, surveying and mapping.
Productivity of titles improved in June 2007 in Leyte Province and has been maintained through the last quarter. The Leyte Project Implementation Office, through the PENRO, has declared its intention to reach the targeted output of titles for the calendar year. What an end of year celebration there will be if that goal is reached! The One-Stop-Shop (OSS) is bursting at the seams with mapping support to titling and land registration services as well as the development of the computerised information system. Work is underway to assess the feasibility of an extension of the current building on an adjacent site or construction of a new building in Tacloban City. Transactions at the Front Office of the OSS have been increasing in number and now average 50 per day. It is fitting that Responsive and Timely Services to Clients: A Service Delivery Standard in the OSS, has been formerly adopted and progressively implemented.
The new Secretary of the Department of Environment and Natural Resources (DENR), Jose Atienza, took up his new post in September. Secretary Atienza was previously Mayor of Manila for three terms and is an active, hands-on administrator. On September 14 the Secretary attended the official commencement of LAMP phase 2 in the province of Bohol. The guests at the OSS ground breaking ceremony were welcomed by the Mayor of Tagbilaran City, Dan Neri Lim and addressed by DENR Secretary, Jose Atienza, Department of Justice State Counsel Ruben Fondevilla, Governor of Bohol Erico Aumentado, World Bank Acting Country Director Jehan Arulpragasam and AusAID Counselor Sam Zappia.
The ceremony involved a ground breaking to officially mark the site for the construction of the OSS for the province of Bohol. The site selected is at the heart of provincial government institutions and within easy access of Tagbilaran for the general public. More than ceremonial shoveling of dirt and tugging of curtain cords, this ceremony signifies a commitment towards a cohesive, transparent and service orientated land sector.
The OSS aims to improve the delivery of land administration services through an integrated approach, bringing together appropriate government units involved in land management under one roof, thus ensuring sustainable tenure security. These units include the Registrar of Deeds, the Provincial Environment and Natural Resources Office, and the provincial and municipal local governments. The OSS establishes standard and accessible land records systems that link spatial with textual data on titles and land information. It likewise reviews and rationalizes sporadic titling and registration processes in accordance with world class service standards for the delivery of land administration services.
As the Secretary of DENR, Sec. Jose Atienza Jr stated in his opening address: the common aspiration of Filipinos to have land of their own is being frustrated by the slow and tedious process of land registration and administration. And it is these “tedious” processes of land registration and administration that are hampering the countries ability to reduce poverty and build a sustainable platform for economic growth. Provided by Rae Porter Acting Team Leader and Clare Brazenor Systematic Adjudication Adviser
The Project is going through a very busy period (has it ever been otherwise?), with training for new staff in the existing 9 Project provinces (following major staff losses since the move of the Department of Lands from the Ministry of Finance to the National Land Management Authority in 2006) nearing completion, and training for new systematic adjudication teams starting in Bokeo, Oudomsay and Luang Namtha this week. Following training, systematic adjudication will commence in these provinces in the new year. The next two provinces (Attapeu and Xekong) will receive training later this year, and the final three provinces will come on board in February 2008.
There are several other important events taking place, particularly the organisational review of the NLMA and amendments to legislation impacting on Project activities. There are also key reviews of the Project by AusAid and the World Bank starting in October to prepare for.
Current issues confronting the Project include the decision by NLMA to cease registration of subsequent transactions other than changes of ownership on the land title, and the old chestnut of titling along road corridors promises to ensure a lively supervision mission in December.
On the adviser front, we are happy to welcome Martin Connolly to the team. Martin is the new organisational development adviser, and is facing the challenges of his assignment with the requisite initiative and good humour (not sure how well he’s handling Ireland’s loss to France in the Rugby World Cup though). Daniel Carter left us recently to join the team on LAMP II (and probably a few basketball teams as well, knowing the passion for the game in the Philippines), and his enthusiasm and inputs into many areas of the Project, including work plans, procurement and training, have been greatly appreciated. Daniel also left his mark in the sporting arena in Vientiane- see the article below. Kate Dalrymple is finishing her assignment as Community Education Adviser this week, and we will miss her drive and professionalism. Steve McFadzean is currently taking a well earned break - the comprehensive documentation that he left behind has made this job much easier than would otherwise have been the case- thanks Steve! Provided by David McDowell
In a country where there are 29 agencies) involved in property valuation (and as many valuation systems used), the establishment of the Property Valuation Staff (PVS) is a landmark initiative towards a single and unified valuation system and authority. The PVS, which is currently housed at the Bureau of Local Government Finance (BLGF), was established on 30 August 2007 by Secretary Margarito Teves of the Department of Finance (DOF) through Department Order 34-07.
The Department Order is significant on several counts. Firstly, while legislation is in process towards reforms in property valuation and in establishing a National Valuation Authority (NVA), the process may take time to be passed into law. The intent of the Department Order is to continue the operation of the PVS, whether the proposed law is approved or not, and even if subsequent projects under the Land Administration and Management (LAM) program of the government are not pursued. It has therefore established a solid institutional foundation for property valuation reforms. Of course, the approval of the valuation reform law and the establishment of the National Valuation Authority (NVA) are much desired. Secondly, the assignment of officers and staff to the PVS provides a stable ground for capacity building on property valuation under the LAMP 2. Thirdly, the establishment of the PVS and hopefully its subsequent transformation into the NVA open a range of career opportunities for future valuers. Finally, it has fulfilled Government commitment to both AUSAID and the World Bank under LAMP 2. The DOF family takes great pride in this initiative, as in its institutional eyes, it is a commitment towards serving the people better through good governance.
The establishment of the PVS did not happen overnight. Painstaking studies, research and consultations with stakeholders date back to LAMP 1 in the early 2000’s. It also helped that BLGF shared its meager resources, especially in providing guidance and staff to initially support the PVS. In establishing the PVS, which is an institutional land mark in the Philippine property valuation sector. LAMP2 has adopted the approach of “small steps leading to a big leap forward”. To this, the DOF family is immensely grateful for the assistance and ‘light’ from ‘the LAMP’. Provided by Johnson Mercader National Technical Adviser for Valuation Project Management
LEI have been supporting the University of Canberra to provide training and work experience in Australia to a group of valuers from the Bureau of Local Governance and Finance, Philippines.
The participants were in good hands with LEI’s Senior Associate, Ross Stevenson, providing training and mentoring to the group on land valuation theory and practice.
Ross’s presentations covered topics such as the importance of valuation inelation to creating the land market, providing an asset base for government and as a tax base for government. He also covered issues such as; determining fair value, equity and risk management.
LEI will be providing additional support to the BLGF participants upon their return to the Philippines by assisting participants with applying the lessons they have learnt. Provided by Kylie Anthony
It has been a busy start to the year and the days have passed quickly, largely due to the fact that I have had several trips on assignments overseas - despite a New Years resolution to spend more time in Australia.
The LAMP II project in the Philippines has been through a bit of a roller-coaster ride. I participated in a Policy Forum on the institutional forum in late January. This forum was largely targeted at getting wide-spread support for the passage of the LARA bill through the Senate before it adjourned for the mid-term election in May. The forum went very well and there was a clear consensus that the LARA was needed.
However, the bill did not get through the Senate before it adjourned and we now need to develop a strategy to get the reform on the agenda for the next Congress. AusAID have also asked us to cut back on expenditure in the first half of 2007 due to over-programming issues. Ian was able to do this, but I know that the changes will have an impact on the forward planning of many of our consultants. I am sorry about this. Ian and the team are busy working on the Annual Plan for 2007/08 and it will be a challenge to program the inputs that have been pushed back from 2006/07.
Chris Lunnay participated last month in an Implementation Support Mission in Laos. The project in Laos is not without its challenges, but it came through the review without any major issues. I spent much of February in Ramallah working on the start of the Policy Formulation assignment for the Palestinian National Authority. This project is a challenging assignment in a challenging environment and we have some new consultants working with us on the assignment. Much of the current activity is in gathering data and preparing reports. There will be a busy program of workshops over the coming months.
I am writing this in Tanzania, where I am finishing an assignment for the Government to support the Implementation Support Mission of the project on mainland Tanzania and to undertake a scoping study for a possible project in Zanzibar. I am returning to Wollongong on Tuesday afternoon and will be preparing for the next LEI board meeting on Thursday. A key matter on the agenda will be the draft business plan for expansion in the Americas. We are also looking at a strategy for Europe. In the past few months we have had a couple of new starters.
Daniel Carter joined us as an employee in February and we then promptly sent him off to an assignment in Laos. Ciara Cowley also joined us in February as a Project Administrator, helping support Jacqui and Kylie. I am sure all of you will help both settle-in quickly.
PROVIDING A SOCIAL DEVELOPMENT AND GENDER FRAMEWORK FOR LAMP2
A Social Development and Gender Framework was developed to systematically apply a social perspective across the LAMP II project.
The central presumption of LAMP II is that improved land administration and management is a pre-requisite for pro-poor, socio-economic development. The responsibility for Social Development is to ensure that LAM land administration and management (LAM) interventions explicitly recognise:
a) The different types of land tenure for which security must be provided
b) That the capacity of citizens to benefit from improved LAM systems is determined by gender, geography, socio-economic circumstance, literacy, etc
c) That existing formal and informal institutions operate to enhance or constrain citizens’ ability to exploit new opportunities provided through LAM; and
d) That unless these differences, factors and institutions are explicitly recognised in design
This means that LAMP II must reflect three key principles of Social Development: inclusiveness, cohesiveness, and accountability.
Inclusiveness is achieved when men and women with different land tenures, socio-economic endowments and capabilities are able to participate in the processes through which LAM policy, institutional arrangements, instruments and procedures are defined and implemented in ways that promote equal access to opportunities, good governance and positive outcomes for the poor Cohesiveness is achieved by a systematic approach to LAM that has three attributes:
a) the integration of land adjudication,registration, record management and valuation to underpin improved land management practices that are administratively, fiscally and politically sustained by higher and lower levels of government
b) provides incentives that foster effective partnerships between government and donor agencies, inter-sectoral collaboration, and concerted effort by central government and LGUs, civil society and service providers, and
c) restores trust between citizens and agencies responsible for LAM.
Accountability is achieved when the LAM system is fully institutionalized within the rule of law. This requires that LAM systems promote the legal mandates of governments at different levels and their functioning in ways that are transparent and operate in the public interest. In the Philippines’ decentralized governance arrangements, this will require LAM interventions to promote the functioning of five key accountability relationships, namely:
a) elected leaders and policy makers who are held accountable by citizens empowered by awareness of their entitlements
b) effective management by elected leaders of administrative officials responsible for LAM
c) good performance by LAM service providers/administrators for the clients of their services
d) citizens who operate within the formal system of LAM, and e) rule-based relations between LGUs and higher levels of government
The Framework incorporates the Gender policy and operation framework established in LAMP I (Gender Mainstreaming Handbook, 2004). Central to the Framework is the social mobilization strategy. This strategy is time and context bound and is intended to build towards reforms in land administration and management. The schematic below captures the crucial role of social mobilization in achieving the reform agenda. Provided by Rae Porter - Social Development and Gender Adviser Edited by Ian Lloyd
We indicated in the December 2006 Newsletter that a key issue in ourproject was the establishment of the National Land Management Authority (NLMA).
The Department of Lands and the Project were transferred to the NLMA in December, and the first three months of 2007 have focused on institutional arrangements. Internal restructuring and staff transfers could significantly impact the capacity building to date, and a challenge for the TA team is to focus on training trainers and rebuilding towards sustainability. NLMA is also responsible for some land management activities and it is seeking to redefine its mandate in consultation with other ministries. More expectations on the TA team!
Another key activity has been the March 2007 Supervision Mission by the World Bank, AusAID and GTZ. Postponed in November 2006, it finally took place over a 2-week period in March 2007. The TA team was pleased to have the Australian Project Director Chris Lunnay with us during the Mission. The focus was on the inevitable change brought by the establishment of NLMA, with a new set of managers with different perspectives and objectives. NLMA also presented the Lao government’s desire to immediately expand the project into eight additional provinces! The Mission agreed to an increase of five provinces over the remaining 18 months of Phase 2.
In view of the expanded project activities and the limited in-country time remaining for most international advisers, the next TA activity will be to design an internal restructuring of TA to cope with the changes. One of the joys of project life is regular assessments and reviews. The second socio-economic impact study is presently being procured. The second Mid-term review of the project will be conducted in November 2007 and then in February 2008 AusAID plans a separate review of TA performance and project outputs. Provided by Steve McFadzean
In the last newsletter in Project Opportunities we flagged that LEI had tendered for projects in Dubai and Vanuatu. It is pleasing to be able to report that LEI wassuccessful in winning both these projects. The awarding of the Land Registration Project in Dubai resulted in much frantic preparation over the Christmas period by Chris Lunnay and a number of the consultants.
We were informed of our successful bid for the Vanuatu project on 4 January and commenced the contract on 22 January. The Vanuatu Government, in September 2006 convened a very successful National Land Summit with the outcome beingthe endorsement of 20 resolutions on priority land related issues that required addressing.
The pressures on land in Vanuatu are significant and the customary owners are finding that the long term lease arrangements they are entering into are resulting in a degradation of their customary rights and activities.
Following the National Land Summit, the Vanuatu Government established a Steering Committee which was given the responsibility to progress the 20 resolutions. The objectives of the LEI contract were to support the Steering Committee, undertaking a review of the national land legislation, land policies and land administration activities in Vanuatu and develop approaches to progress the resolutions.
Chris Lunnay and Jim Fingleton with the support of three ni-Vanuatu counterparts, Michael Mangawai, Edward Nalyal and Joel Simo undertook the project. The team submitted a report to the Steering Committee on the 7th March which provides directions on short term and longer term initiatives that need to be implemented so as to ensure the land issues now confronting Vanuatu can be addressed. Provided by Chris Lunnay