2013年-世界发展银行全球_Improving_Land_Sector_Governance_in_The_Gambia_213页_2mb

Summary of "Improving Land Sector Governance in the Gambia"

Core Content

This document outlines the findings and recommendations of the Land Governance Assessment Framework (LGAF) conducted in The Gambia in 2013. The assessment aimed to evaluate the current land governance environment and identify key areas for reform. It was carried out in collaboration with national experts and supported by various government departments and institutions.

The report highlights the complexity of the land tenure system in The Gambia, which is shaped by colonial history and continues to affect modern land governance. It emphasizes the need for a unified land policy, stronger institutional frameworks, and improved legal recognition and enforcement of land rights.

Main Viewpoints

• Land Governance Challenges: The Gambia lacks a unified land policy and has overlapping legal frameworks, making land governance inefficient.
• Tenure Typology: The country has three main tenure types: freehold, leasehold, and customary. Customary land covers the majority of the land, but lacks formal registration and legal recognition.
• Legal Recognition: While urban areas like Banjul and Kanifing Municipal Area (KMA) have formal land registration systems, rural areas still rely heavily on customary tenure, which is not consistently recognized or registered.
• Institutional Weaknesses: Land management institutions face resource constraints, which hinder their ability to perform key functions such as surveying, mapping, and dispute resolution.
• Gender and Equity Issues: Women's land rights are not adequately recognized in the formal legal system, especially in rural and regional areas, despite the constitution recognizing customary practices as an exception to discrimination.
• Land Use Planning: Urban planning documents are outdated, limiting their effectiveness in guiding development and housing availability.
• Policy Recommendations: A National Land Commission is proposed as a key institutional reform to improve land governance and ensure transparency, accountability, and equity.

Key Information

1. Legal and Institutional Framework

• The Gambia has a legal framework for land rights since 1945, but it lacks clarity and is not uniformly applied.
• Customary land is not fully recognized or registered, while freehold and leasehold titles are more formalized.
• Customary land rights are recognized to the extent they are governed by customary law, but there is a need for legal reform to better protect these rights.
• Women's land rights are not addressed in the formal legal system, and the constitution's recognition of customary practices creates a legal barrier to gender equality.

2. Land Use Planning, Management, and Taxation

• Urban planning documents are more than two decades old and do not reflect current development patterns.
• There is a lack of transparency in land use planning and taxation processes.
• The process for registering customary land is weak, and there is limited transparency in transferring customary land to leaseholds.
• The system for collecting land taxes is inefficient and lacks clarity on exemptions.

3. Management of Public Land

• Public land is managed by the state and designated institutions.
• The process for expropriating land for public purposes is not fully transparent.
• Allocation of public land is often arbitrary and lacks clear criteria.
• The system for identifying public land is not well developed, leading to confusion and potential misuse.

4. Public Provision of Land Information

• The land registry is incomplete and not easily accessible.
• There is a lack of up-to-date records and public availability of land information.
• Land administration is not cost-effective or sustainable due to limited resources and poor infrastructure.
• Service costs related to land administration are not transparent, which affects public trust and access.

5. Dispute Resolution and Conflict Management

• Dispute resolution mechanisms are fragmented and not well coordinated.
• There is a high level of pending conflicts, particularly in areas where customary and state land rights overlap.
• District tribunals handle land disputes, but their decisions are subject to review by regional governors.
• The formal system does not adequately support customary dispute resolution.

6. Forestry Module

• The Gambia has a commitment to sustainability and climate change mitigation, but implementation is weak.
• Customary forest management is not well supported by legal frameworks.
• There is a lack of transparency in the management of forest resources.
• The livelihoods of forest-dependent communities are not adequately protected.
• There is a need for stronger mechanisms to control illegal logging and forest crimes.

Policy Priorities

• Establish a National Land Commission to oversee land governance reforms and ensure transparency and accountability.
• Reform customary land tenure to better protect community and individual rights.
• Improve land registration systems to enhance legal recognition and reduce conflicts.
• Update land use planning documents to reflect current urban and rural development needs.
• Enhance transparency in land administration and taxation to build public trust.
• Support sustainable forest management through legal and institutional reforms.
• Promote gender equity in land rights by recognizing and protecting women's ownership and control of land.

Conclusion

The LGAF assessment reveals significant gaps in the legal, institutional, and administrative frameworks governing land in The Gambia. While the country has made progress in recognizing land rights in urban areas, rural and customary land rights remain underdeveloped and poorly enforced. A comprehensive reform, including the establishment of a National Land Commission, is necessary to address these challenges and ensure equitable and sustainable land governance. The report provides a foundation for future policy development and cross-sectoral dialogue on land management.