2015年-世界发展银行全球_Sierra_Leone___Land_Governance_Assessment_Framework_125页_1mb

Summary of the Sierra Leone Land Governance Assessment Framework (LGAF) Report

Core Content

The Land Governance Assessment Framework (LGAF) is a comprehensive tool developed by the World Bank in partnership with several international organizations, including FAO, IFAD, and the African Union Land Policy Initiative. It was used to assess land governance in Sierra Leone, focusing on key areas such as land rights, public land management, dispute resolution, and institutional arrangements. The assessment was conducted in 2015, during the peak of the Ebola epidemic, which posed significant challenges to the process.

The report outlines the dualistic land tenure system in Sierra Leone, which consists of two main types: the Statutory System in the Western Area and the Customary System in the Provinces. While the Statutory System is governed by written laws, the Customary System relies on unwritten rules and practices, often leading to inconsistent and unreliable land governance. The legal framework governing land delivery is complex, with over twenty statutes and regulations that often conflict, creating difficulties in land use and management.

Main Points and Key Findings

Land Tenure Systems

• Dualistic System: Two distinct systems (statutory and customary) exist, but both are governed by a complex legal framework.
• Customary Land Tenure: More prevalent and deeply rooted in rural areas, it is often subject to the influence of family, community, and chiefdom leaders.
• Land Rights Recognition: In both systems, land rights are not adequately protected due to lack of registration, leading to disputes and insecurity.

Institutional Framework

• The Ministry of Lands, Country Planning and the Environment (MLCPE) is the central body responsible for land governance.
• There are multiple Ministries, Departments and Agencies (MDAs) involved in land matters, but institutional fragmentation and conflicting mandates are significant issues.
• The Ministry of Works, Housing and Infrastructure (MWHI) is responsible for building permits, but coordination with MLCPE is lacking.

Land Governance Indicators

The LGAF assessment covered nine panels, each evaluating different aspects of land governance:

1. Land Rights Recognition
2. Rights to Forest and Common Lands & Rural Land Use Regulations
3. Urban Land Use, Planning and Development
4. Public Land Management
5. Transfer of Public Land to Private Use
6. Public Provision of Land Information - Registry and Cadastre
7. Property/Land Valuation and Taxation
8. Dispute Resolution
9. Institutional Arrangements and Policies

Key Challenges

• Legal Complexity: Conflicting statutes and regulations complicate land governance.
• Institutional Weakness: There are significant capacity gaps in the MLCPE and other MDAs, including human and technical resources.
• Weak Enforcement: Land use planning and development regulations are not effectively enforced.
• Gender Disparities: Women are often treated as minors or property, with limited legal recognition and protection of their land rights.
• Land Registration and Mapping: Only a small percentage of rural and urban land is recorded and mapped, increasing the risk of land grabbing and disputes.

Recommendations

The report provides several policy recommendations to improve land governance in Sierra Leone:

• Review and Reform Land Laws: A comprehensive review of all land-related laws is necessary to align them with the new National Land Policy.
• Enhance Legal Frameworks: Ensure that the legal framework comprehensively addresses rural land management and is sustained over time.
• Strengthen Women’s Land Rights: Include provisions that protect women's rights to land, such as:
  • Allowing surviving spouses and children to access community or family farmlands.
  • Protecting women's use rights (e.g., access to water, firewood, etc.).
  • Ensuring mandatory representation of women in land administration bodies.
  • Establishing mechanisms to hold family or community leaders accountable for land management.
• Formulate an Urban Policy: Address issues of slum settlements and formalization of informal settlements.
• Enact a New Town and Country Planning Act: Improve land use planning and development control.
• Integrate Spatial Planning: Ensure spatial planning is incorporated into sectorial development strategies and serves as a coordination framework for urban policies and infrastructure projects.
• Digitize Land Records: Implement digitization and computerization of land records at the Office of the Registrar General (OARG).
• Standardize Land Valuation and Taxation: Develop a standardized process for valuing and taxing land across urban and rural areas.
• Improve Dispute Resolution: Conduct a holistic review of land disputes and ensure they are resolved quickly and fairly.
• Harmonize Institutional Mandates: Address overlapping and conflicting statutory mandates among MDAs.
• Establish Integrity Committees: Combat corruption in land-related matters by creating integrity committees in relevant MDAs.
• Enhance E-Governance: Improve coordination among government bodies through e-governance and data interoperability.
• Involve Civil Society: Include civil society organizations in all negotiations and policy development processes, especially regarding large-scale land investments.

Conclusion

The LGAF assessment highlights the need for systematic reform in Sierra Leone's land governance framework. It underscores the importance of a clear, consistent, and transparent legal system, effective institutional coordination, and inclusive policy development. The draft National Land Policy is seen as a promising step, but its implementation and translation into law require urgent attention. The assessment also emphasizes the critical role of civil society and the importance of digital land records and e-governance in improving transparency and efficiency in land management.