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DECISION MAKERS MEETING ON GOOD LAND ADMINISTRATION Windhoek, 7 – 8 December 2006

DECISION MAKERS MEETING ON GOOD LAND ADMINISTRATION Windhoek, 7 – 8 December 2006. OVERVIEW by Antony Lamba UN-HABITAT Somalia. LAND (POLICY) REFORM. National Land Policy/Land Legislation

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DECISION MAKERS MEETING ON GOOD LAND ADMINISTRATION Windhoek, 7 – 8 December 2006

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  1. DECISION MAKERS MEETING ON GOOD LAND ADMINISTRATIONWindhoek, 7 – 8 December 2006 OVERVIEW by Antony Lamba UN-HABITAT Somalia DMM 2006 Windhoek

  2. LAND (POLICY) REFORM • National Land Policy/Land Legislation Kenya 2003, Uganda 1995/8, SA 2004, Swaziland 1997, Rwanda 2005, Ghana 1994, Mozambique 1995/8, Tanzania 1999, Cameroon? • Drivers Constitutional reform (Kenya 2003, Uganda 1995, Swaziland 2006) Historical injustices (SA), others … • Similar LA constraints • Similar NLP objectives/principles DMM 2006 Windhoek

  3. LAND POLICY INSTRUMENTS • Land registration (conversion, incremental) • Land use control (e.g. idle land) • Resettlement, Land consolidation/sharing • Redistribution (SA 30% of settler farms) • Restitution (SA 80,000 claims) • Land market regulation DMM 2006 Windhoek

  4. LEGAL FRAMEWORK • Governance Mandates (Ministry, Department, Directorate) Decentralisation (Rwanda 2100 cells, Tanzania 13,000 villages) Effectiveness (Uganda Land Act 1998) Public/customer support ICT (Mozambique LAHS AND LIMS) • Rule of law Clarity and acceptance of access to land laws/process (Botswana FCFS, Mozambique bona fide occupation rights) Government interference with private land rights (expropriation, compulsory acquisition) Use of land as tax base DMM 2006 Windhoek

  5. CUSTOMARY TENURE • Many countries have majority of land under customary tenure Zambia >90% Botswana 72% Ghana 78% Tanzania 70% • Customary tenure reform Formalisation (Tanzania) Conversion (Zambia) Replace, adapt & modify, regularise? (Ghana, …) DMM 2006 Windhoek

  6. CAPACITY DEVELOPMENT • Justification for investment?? • Educational/professional development • Learning by doing/on the job training Ethiopia Ghana • Supply shortfalls South Africa (valuers) Rwanda Cameroon Malawi DMM 2006 Windhoek

  7. IMPACT OF LAND REFORMS ON LA ACTIVITIES – LAND TENURE/OWNERSHIP • Innovative tenure/tools (Mozambique comm land certs, Namibia flexible title) • Tenure reform (Lease period review - Swaziland, Ghana, 50 yrs - Mozambique) • Land registration (Tanzania needs 114 district registries, Ghana 4 more district registries) • Land dispute resolution (30,000 cases in Ghana) DMM 2006 Windhoek

  8. IMPACT OF LAND REFORMS ON LA ACTIVITIES - LAND USE • Land use/development control (Taxation, development grace period, …) • Management of state land (environment, minerals) e.g. forests in Malawi DMM 2006 Windhoek

  9. IMPACT OF LAND REFORMS ON LA ACTIVITIES – LAND VALUATION/MARKET • Valuation process (Controversy in SA) • NLP focus on promotion of land markets (Ghana) DMM 2006 Windhoek

  10. “AS LITTLE AS POSSIBLE, AS MUCH AS NECESSARY” DMM 2006 Windhoek

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