Innovative approaches to Land Governance Programme management; a Contractors

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Clive English & Owen Edwards

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Structure of the Presentation

• The Programmes and Issues in Land Governance

• Principal Elements of Land Programmes

• Large Scale Integrated Land Programmes (case studies)

• Lessons Learned for design of governance programmes

• Principles in Programme Design

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The Conference 2012

• Many aspects of land governance presented often in great detail – some descriptive, some analytical and many focussed on specific aspects but…………….what about the big picture……….? How to translate this to implementation?

• Raw issues of programme design and management to achieve the objectives

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Common Issues in Land Governance Programmes

• ToRs are usually ad hoc rather than adopting holistic approaches - require only part of the ‘system’ to be fixed

• Large range of different types of programmes – different components, geographic emphases, technical social

• New v Old Laws – what, when, how…..primary, secondary and tertiary legislation……..implementation…how?

• Usually little baseline information on which to base design and planning

• Design and Implementation challenges - programming

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Principal Elements of Governance Programmes – broadly sequential

• Baseline information, • Feasibility work and testing, • Public information and outreach programmes, • Policy and legal framework, • Land Administration, • Institutional challenges, • Technical Challenges, • Timing and Geographic location of reforms, • Monitoring and Evaluation, • Cost and Revenue Considerations. All of these should be strategic planning considerations and all should be parts of the implementation

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Results and impacts of element on the ‘big picture’ with regard to:

• Sequence - priorities

• Content of each element

• Linkage of elements

• Targets - critical paths and milestones

• Outputs and deliverables

Each Element - a Project in its own Right?

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Who is responsible for what and when – contractor, sub-contractor government, donor?

Timing • Elapsed time for the programme – the LONG

HAUL –

• short,

• medium

• long term

eg MCC look at 5 year programmes, DFID no fixed policy (however long it takes if the money is there), WB – it depends……

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Tank Traps – Technical and Administrative - commonly occurring

• Lack of government buy-in – not fully understanding the issues and solutions – reluctance to be transparent and go public………

• Natural resistance to change • Survey precision and vested interests

• Contract clarity/flexibility/amendments/’mission creep’ • Productive contractual partnership that really delivers • Procurement, procurement, procurement donors and governments

equally culpable • Cash flows and finance management • Transport management

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Case Studies – all elements come into play

1. Guyana Land Administration Support Programme (GLASP); DFID/IADB – 9 + years

2. Support to Land Tenure Reform Programme, (NLTRP) Rwanda; DFID – year 7 (+ 2 TA)

3. Technical Assistance to the Land Component Mozambique (MCC/MCA) – Year 4

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Implementation (2011 – ongoing) • Tenure Regularisation and Title

Issuance • LIMS contracting and

implementation • Local Institutional Capacity

Building • Public Outreach

Needs Assessment 2009 - 2010 • Legal and regulatory reviews • Institutional Review and

Recommendations • Land Administration Review • Public Outreach Planning • Land Information System (LIMS)

design and implementation • Capacity building planning at

District and Municipality Level • Curriculum Development • Strategy Development • Land Use Planning

TA to the Land Component Mozambique – Scope of Work “Are we ready for this………..how far and how fast”

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Phase 1 Feasibility (1997 – 99) • Land Institutional Design • Legal Reviews and Drafting • Policy Development • Database Establishment and Analysis • Baseline Studies • Business Planning • Technical Planning GIS/Survey etc. • Human Resources Development • Finance • Costs and Revenues

Phase 2 Implementation 2000 - 05 • Institutional Strengthening Central and Regional Level • Building Rehabilitation • Tenure Regularisation • Procedural Development • Lease Preparation and Issuance • Leasehold to Freehold Conversion • GIS CAD Training • Survey and Cadastral Mapping • Land Use Planning • Amerindian Lands Study • Land market Study

Guyana Land Administration Support Programme – Scope of work

“Fix everything from the policy to the toilets”

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Guyana Land Administration Support Programme (GLASP)

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Revenue Trends 2002-04

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2002 2003 2004

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A Dress Code for Land Administration? Gender Implications?

Lessons Learned and Implications for Governance – Guyana – Success Factors

• Elements broadly followed the logical sequence except for…………

• Fundamental programme assumptions were tested/researched and kept under review

• Flexibility of response as facts emerged - ‘institutional fix’ programme was gradually broadened

• Long term and consistent national and international staffing of the programme

• Long term trust/commitment between government, donor and contractor

• Public buy-in and restoration of trust allowed service to function 15

Phase 1 Strategic Road Map for Tenure Reform (2005 – 2009) – the ‘SRM’ • Legal and regulatory review and

drafting • Institutional review and design • Building Capacity • Public Consultation and Research • Public Outreach • Procedural Design, Field Testing, • Database Establishment and

Evaluation • Development of a Strategy • Detailed Planning for Scaling Up • Costs and revenue assessment • Effective Donor Coordination

Support for the Land tenure Regularisation Programme Land Tenure Reform and Capacity Building (2010 – present)

• Refining and Rolling out systems • National and local public outreach • Scaling up systems and procedures • Tenure Regularisation and Title

Issuance • Institutional support and capacity

building • Improving the systems • Monitoring and Evaluation

Land Tenure Reform in Rwanda – Scope of Work “the strategy will not be a piece of paper but a clear and replicable process

based on fieldwork……..it will not be technically led”

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Rwanda – Strategic Planning and Implementation

Demarcation and Adjudication Lease Preparation and Issuance

Since the start of regularisation in 2009, 10 million parcels have been mapped and 2.5 million

leases issued

Public Outreach

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Lessons Learned and Implications for Governance - Rwanda

• The government and donors have been fully committed to the overall goals

• ‘Starting small thinking big’ – field trials and procedural tests lead to Strategic Road Map (SRM) which defined implementation

• ‘Perfect storm’ of strong government commitment/consistent long term donor support/ same contractor – consistency of personnel

• Rapid and flexible management and procurement arrangements to respond to changing needs

• New legislation and procedures based on results of field testing

• The design phase allowed for a realistic time bound target driven implementation plan

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• Effective Donor Coordination for implementation

• The process has benefited from high levels of public participation through local institutions supported by a widespread public information campaign

• The high level of participation required greater flexibility in planning and staffing arrangements

Lessons Learned and Implications for Governance - Rwanda

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Lichinga 21%

Cuamba 11%

Nampula 10% Monapo

17%

Pemba 9%

Mocimboa da praia 9%

Quelimane

15%

Mocuba 8%

Prepared and delivered to Municipalities

Over 50,000 land parcels registered and leases issued

Mozambique Needs assessment and Implementation

Surveying and Mapping

Publication of land records

Public Outreach

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Lessons Learned Mozambique

• Goals envisaged when the programme was designed not fully realised at the end of the Needs Assessment.

• Evidence based Strategy Development might have been more appropriate

• Field testing and development of workable models during Needs Assessment required for a more effective implementation programme and strategy.

• The programme would have benefitted from more time for reflection/debate between Needs Assessment and Implementation (too much too quickly).

• Elapsed time – too short?

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• The above factors resulted in elements being out of sequence - compromises completion elsewhere (for example methods for tenure regularisation preceded acceptance of mass titling and transfer and installation of

LIMS). • Emphasis on hi-tech solutions has forced up costs

and levels of difficulty • More effective participation and transparency in

land administration • Different capacities at provincial and municipal

levels are still trying to to assimilate new methods and technology.

Lessons Learned and Implications - Mozambique

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Discussion Points- Political and Donor Backing

• Communicating and Understanding the Issues • Strong Political Commitment/backing • Starting small – thinking big – government

commitment, unity of purpose • Continuity of support and staffing over the

reform period – in it for the long haul……….. • Clear time bound and fully costed strategy for

change – short medium and long term • Flexibility of response as new un-forseen

challenges emerge.

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Discussion Points- Meeting Public Demand

For Better Land Services • More effective evidence based strategic planning

before programmes commence • Better understanding of informal and customary

systems and likely consequences of reform • Full, integrated and effectively sequenced

programming of all of the essential elements – ‘first then’ sequences and critical paths

• Flexibility…..more flexibility in programme design and contracts

• Greater participation for land users in the administration system – much more effective Public information

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Final Point – a Holistic View

“... The approach taken in reforming land administration systems must meet the needs of all of the people who use land, rich and poor, urban and rural whether for commercial, agricultural, private residential, government and state functions”.

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Thank You !

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