How Transparency International’s Advocacy and Legal Advice Centers support citizens’ access to justice and

tenure security – an analysis

Samuel Kimeu

Annette Jaitner

Francis Kairu

About Transparency International

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Advocacy and Legal Advisory Center (ALAC)

Legal advice

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ABOUT THIS PAPER• Access to land and tenure security have been concerning

issues for generations. These ranges from large tracts of land held by foreign companies or absentee landlords, to unregistered land and land grabs.

• Most recently, Africa has suffered from alienation of large swathes of indigenous communities’ and communal land for mining and large scale agricultural investments.

• This paper discusses how legal empowerment contributes to communities’ access to justice and secure land tenure.

• Paper analyses various land related corruption cases dealt with by Transparency International’s Advocacy and Legal Advice Centers (ALAC) in Africa, as well as other available case studies.

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Analysis of several issues impacting on land policy and the security of tenure in

Africa

Large Scale Land Acquisitions –‘’Elite capture’’

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Access to information:

Do governments publish information on

(a) large scale land deals / land investments and

(b) tax / revenue by governments

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Why should TI have interest in land and corruption?

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DISSEMINATION FORUM OF AUDIT REPORT ON THE IMPLEMENTATION OF

IREC REPORT 8

Mapping of Corruption risks in the Land Sector in Africa1. Lack of knowledge of rights.2. Victim compensation. 3. Abuse of authority (e.g. traditional leaders,

administrative officials). 4. Lengthy/ opaque procedure Administration. 5. Lack of transparency and accountability for use of

revenue and donor funding. 6. Lack of public interest in monitoring and probing land

issues. 7. Use of Land as a political tool to reward cronies. 8. Conflict between customary and statutory law. 9. Unclear timeframes on when to complete transactions. 10. Lack of public knowledge of land laws.

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Evictions? Why? Who? How?

To pave way for development? Burning…

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DISSEMINATION FORUM OF AUDIT REPORT ON THE IMPLEMENTATION OF

IREC REPORT 11

Land ownership

Traditional communities Varied ways of ownership

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DISSEMINATION FORUM OF AUDIT REPORT ON THE IMPLEMENTATION OF

IREC REPORT 12

TI’s Advocacy and Legal Advice Centers (ALAC’s) and the strengthening of Land Tenure Security

• There is a very clear correlation between countries with a high prevalence of corruption and poor land governance.

• Each of the countries leading on the CPI has serious issues with corruption in the land sector.

• The GCB 2013 shows that 40% of respondents paid a bribe to speed things up, and for 33% of respondents, it was even the only way to obtain a service.

• There is need for a Legal aid model suitable for the community. • The enhancement of secure tenure for communities can only be

achieved by ensuring that communities are well placed to negotiate for their best interests whenever any policy or decision is made affecting their tenure rights.

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What is Unique about ALACs? • ALACs have built up a level of specialisation and sophistication in

this area which other services cannot match. • ALACs also work with a whole variety of government institutions and

in different ways beyond just legal assistance. • As ALACs specialize in corruption and governance, this allows for the

production of good data assessing governance issues and for developing anti-corruption advocacy campaigns.

• Many ALACs have developed very functional relationships with government agencies including the judiciary.

• The ALAC Programme in Africa also aims at increasing government responsiveness and accountability through building the capacity of civil society and engaging citizens to participate in the fight against corruption.

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Existing TI projects and activities enhancing integrity in the land sector

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Existing TI projects and activities enhancing integrity in the land sector

• In 2009, Transparency International Rwanda carried out an assessment study in Kigali city on “Transparency and Integrity within the public administration responsible to deliver land certificates in Kigali city”. The results portrayed gaps and inconsistencies that mar the titling of land within the Kigali area.

• Transparency International Zimbabwe has published in 2014 the State of Integrity in the Land sector in Zimbabwe. The consensus in literature that the land sector in Zimbabwe is prone to corruption or has been characterized by corruption calls for the need of further investigative studies on the state of corruption in the land sector in Zimbabwe.

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Good practices for supporting access to justice identified amongst ALACs

Producing flyers that are easy to read and understand, mainly for the rural population.

Holding public forums on issues related to land.

Live radio shows on local radios Working in constructive partnership with the judicial and

traditional authorities. Referring cases of interest to the Legal Advisory Committee

(LAC) Commission in relation to land disputes in Kenya. Encouraging Alternative Dispute Resolution Mechanism

(ADR) before matters are taken to Court. Anticorruption work within school set ups.

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How ALACs handle the majority of land cases:

1. Professional free Legal advice to clients. 2. Providing easy to-understand documentation on legal matters. 3. Analyze cases and refer clients to relevant offices that directly

deal with land issues. 4. Assisting clients to explore Alternative Dispute Resolution

(ADR) especially if issues are within the family set up. 5. Refer clients to Legal Advisory Committee (LAC) if there is

need for court representation. 6. Follow up through courtesy visits at relevant offices. 7. Formation of committees within the community after public

forums to follow up on cases. 8. Strategic partnerships with Agencies mandated to deal with

land issues.

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Success Story

• In 2011/2012, the community in the Shika Adabu Kwale county

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