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The World Bank Washington, November 03, 2006

Secretariat-general. The World Bank Washington, November 03, 2006. Land Reform in Madagascar. The official report. Madagascar land tenure in transition? : weakening of customary authorities increasing demand for land services Strong demand for land titles

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The World Bank Washington, November 03, 2006

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  1. Secretariat-general The World BankWashington, November 03, 2006 Land Reform in Madagascar

  2. The official report

  3. Madagascar land tenure in transition? : weakening of customary authorities increasing demand for land services Strong demand for land titles Close to 0.5 million requests for titles Limited capacity for deliverance only 330,000 titles since the creation of the land services (1896) 1,000 titles delivered in the last 15 years 20% of the occupied land is titled The Land Tenure Crisis

  4. Commonly cited causes Lack of familiarity with land laws Complexity of the individual registration process Several steps, long delays, requirement for high level validation with too many actors involved Several years and approximately $350 to obtain a title While some quality control is needed, today it takes too long and there are too many steps Causes of the land tenure crisis

  5. From analysis Saturation and impoverishment of the land services… Insufficient budget allocation Personnel has declined (- 164 agents in 10 years, - 25%), few new recruitments within 15 years Antiquated equipment Gap between the capacity of the State and the commonwealth principle of land management only the State can assign individual land rights and this a capacity constraint … however, without resources to do so Causes of the land tenure crisis

  6. The citizens’ response to the crisis • The users want an individualized “paper” • “Papers” are not recognized by the administration which only accepts titles • The “little papers” are an almost generalized phenomenon: in fact, the land in Madagascar is managed by the local levels Stakes in land reform: to reconcile the legal and the legitimate, to merge laws that are rarely acknowledged with common practices that are not legally recognized to decentralize land management

  7. Land reform in Madagascar: initial idea and process

  8. The key concept Degree of land tenure security Land title Land services ? Land certificates delivered by the land offices Communes Village “little papers” A number of individuals

  9. May 2005 December 2007 Phase 1: Preparatory Determination of the objectives Phase 2: Pilot Phase 3: Extension 2004 Technical unit for preparation Coordination cell for National Land Program and Partners Coordination cell for National Land Program and Partners The orientations of land policy were conceived and decided on according to a participative process • Renovation of legal texts • Development of procedures and methods • Selection of tools • Creation of technical capacities • Creation of a finance and management structure National coverage of Local Land Offices & modernization of all the land administrative offices February 08, 2005 Presentation of the Land PolicyLetter May 03, 2005 Validation by the Council of the Government First evaluation and measure of impacts

  10. AXIS 1 AXIS 4 AXIS2 AXIS3 Restructuring and Modernization of the Land Services Improvement & Decentralization of land management Reform of Land Regulations Training Professionals in Land Services and Information 4 Axes of Land Reform

  11. AXIS 3: Reform of land regulations • Adaptation of the laws to the new domain and land system • Regulatory dispositions for an alternative to commonwealth land management • Communication, information and dissemination of domain and land texts Global Objectives

  12. Public domain • State Domain • Public • Private • (titles in the name of public actors • + grounds without occupants) National private domain Non-titled Private property(lawOctober2006) Titled private property Titled private property Grounds with specific status Grounds with specific status AXIS 3: Reform of land regulations Before October 2005 After October 2005(law n°2005-019)

  13. AXIS 1: Modernization and restructuring of land services • Global objectives • Improvement of public service rendered to title holders • Safeguard land files • Modernize through decentralization

  14. A master plan of modernization for land services • Plan for Safeguarding and computerizing • Plan for document restoration • Plan for outsourcing of Topographic Services • Plan Rehabilitation of Administrative Buildings + Equipment Plan • National Land Funds??

  15. AXIS 2: Decentralization of land management • Decentralization of land management and creation of accessible land services (the local land office) • Formalization and legal recognition of not written land rights land certificates • Activation of local land taxes by the communities

  16. Verbal process PLOF Commission for local recognition Representative commune Village chief 2 sages A new mode of recognizing land rights Land Certificate Mr. Rakoto CF TF Rakoto Razaka All the neighbors + villagers

  17. Decentralization of land management: progress report in October 2006 • AFD - Projet CIRAD BV Lac Alaotra • Functional Phase Land Office OPCI ASA Miray Amparafaravola MCA  Phase of formation 1 Land Office, CR Mahavanona FIDA - Projet PPRR  Functional Phase Communal Land Office Ampasina Maningory AFD – C. U. Ambatondrazaka - Projet BV Lac Alaotra  Phase of formation Land Office Ambatondrazaka • MCA • Phase of formation 1Land Office, CR Betsako • FAO • Phase of formation Land Office Ampary-Soavinandrina • Interreg Réunion & Land Coalition - ONG Hardi • Phase of formation Land Office Miadanandriana FIDA – VFTM  Functional Phase Land Offce Ankilizato • MCA • Phase of formation 1 Land Office, CR Ilaka MCA  Functional Phase Land Office Faratsiho • Ambassade de France (FSD) – Programme SAHA • Phase of formation Land Office Ankilivalo • MCA • Phase of formation 17 Land Offices

  18. AXIS 4: Training Professionals in Land Service and Information • Creation and strengthening of necessary skills to implement the land policy

  19. IFAD Ambassy of France/AFD FAO European Union International Land Coalition MCA Swiss Inter-Cooperation ICCO Malagasy Communes Decentralized communities: Réunion, Rhônes-Alpes World Bank Banque Africaine de Développement ? Financial partners of the PNF in 2005 Partnership Charter

  20. Results… • In 18 months: • orientations of land policy were decided through a participatory process • a major change of the legal framework took place • a “strong idea”, the decentralization of land management was consolidated and received a favorable reception from the public opinion • the reform benefited from the convergence support of political leaders and financial partners • communes start to issue land certificates

  21. Questions? An observatory • Risks and added value of decentralized land management? • Benefits in productivity of the public service • Transfer of competences = transfer of corruption? • … • …Necessity for an observatory

  22. Launch of a Land Observatory • To develop a capable institutional plan to fulfill the monitoring and evaluation and piloting functions • To develop a plan and methods for PNF activities • To develop methods of measuring of impact

  23. Un dispositif d’observation

  24. Thank you for your attention www.foncier.gov.mg cellulepnf@wanadoo.mg r_jaris@yahoo.com

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