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The LAND COMPONENT of the PRIVATE SECTOR COMPETITIVENESS PROJECT II

The LAND COMPONENT of the PRIVATE SECTOR COMPETITIVENESS PROJECT II. Moving From Analysis To Action in Uganda By Rexford Ahene Senior Technical Advisor. Background. Uganda’s legal framework on land has undergone reforms in the recent past The land Act of 1998

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The LAND COMPONENT of the PRIVATE SECTOR COMPETITIVENESS PROJECT II

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  1. The LAND COMPONENT of the PRIVATE SECTOR COMPETITIVENESS PROJECT II Moving From Analysis To Action in Uganda By Rexford Ahene Senior Technical Advisor

  2. 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

  3. 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

  4. 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

  5. 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.

  6. 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.

  7. 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

  8. 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

  9. 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

  10. 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.

  11. 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 controland ensure integrity of data • Easy to identify and prevent fraud and illegal transactions • Facilitate search and verification of title

  12. 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.

  13. 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

  14. 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

  15. 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.

  16. Un-surveyed Mailo Title applications

  17. 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

  18. 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;

  19. Dream LIS Setup. A metadata- system describing the content. Availability over internet? Production lines online. Different types of output • A central GeoDataBase. • The new reference system. • Well defined feature classes. • Different types of data.

  20. 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

  21. 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

  22. Land objects • Vertical parcel • Parcel ID • Parcel address • Parcel name • Area • History • Land parcel • Leasehold • Parcel ID • Parcel address • Parcel name • Leasehold term • Leasehold fee • Area • History • Land parcel • Mailo • Parcel ID • Parcel address • Parcel name • Area • History • Land parcel • Freehold • Parcel ID • Parcel address • Parcel name • Area • History • Land parcel • Customary • Parcel ID • Parcel address • Parcel name • Area • History • Mortgages • Mortgage ID • Amount • Mortgage holder • Priority • Date of establishment • Encumbrances • Encumbrance ID • Encumbrance type • Encumbrance owner • Date of establishment

  23. 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 -

  24. 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

  25. 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.

  26. 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

  27. 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.

  28. Revision & Drafting of Land Related Laws • Purpose: • Revise and harmonize existing laws (including the Survey Act) with the new Land Act • Draft new laws and regulations for LIS, Estate Agents and Archiving of Land Records • Conduct public/stakeholder dialogue/consultations • Conduct sensitization workshops (target groups and national) to ensure promulgation of laws.

  29. 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

  30. 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.

  31. 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.

  32. 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.

  33. 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.

  34. 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

  35. 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.

  36. 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 when • changing administrative • Division • When cadastral boundaries • are changed, the • administrative division • should follow.

  37. 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 Office Central Database District Office

  38. 3. Information/ Data Security Information Security Policy/ Guidelines Software Security Legal Requirements Access Control System User Roles & Privileges Organization 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 Control 10. Security Policy Hardware Security Personnel Security Data Communication Networking Asset Control Inventory Incident Handling Reporting & Following-up System Development & Maintenance Physical Security Contingency Planning

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