2017年-世界发展银行全球_Land_Governance_Assessment_Framework___Rwanda_142页_2mb

Land Governance Assessment Framework (LGAF) Final Report: Rwanda

Core Content

The Land Governance Assessment Framework (LGAF) was implemented in Rwanda between September 2014 and May 2015, validated in January 2016. It is a comprehensive assessment tool that evaluates nine key themes of land governance, including land tenure recognition, forest and common lands, urban land use, public land management, and more. The report highlights Rwanda’s progress in land governance, the challenges it faces, and provides recommendations to improve the system.

Main Themes and Key Findings

1. Land Tenure Recognition

• Rwanda has undergone a major land tenure reform, leading to the systematic land tenure regularization (LTR) program completed in 2012.
• The LTR process formalized land rights, converting customary tenure to legal rights, and mapped all public land (forests, wetlands, etc.).
• 8 million leasehold titles were issued, and 11.4 million land parcels were demarcated and adjudicated.
• Women's land rights in informal and polygamous marriages are not fully recognized, despite progress in joint titling (46% of parcels) and women as sole owners (18% of parcels).
• Gender bias remains, as not all men accept joint titling, often due to ignorance or resistance to equal rights.

2. Forest and Common Lands & Rural Land Use Regulations

• A national forest policy and law exist, with protected areas and wetlands well managed.
• A national land use development master plan was developed in 2011 but lacks full implementation due to capacity constraints.
• Community participation in forest management has been encouraged through rewards and tree planting schemes, but not all communities are involved.
• Public land use plans are being developed at district level, but consultation is limited, affecting community buy-in.
• Blurred boundaries between urban and rural areas hinder effective land use regulation.

3. Urban Land Use Planning and Development

• Urban planning is needed to address high housing demand, especially among low-income groups.
• Zoning regulations are not well understood or followed by urban residents, leading to informal land use.
• Urban masterplans exist but are often developed without public input, reducing their effectiveness.
• Decentralization and cross-sectoral partnerships are encouraged to improve local urban management.
• Legislation on building permits and land use planning needs strengthening and implementation.

4. Public Land Management

• Public land categories include lakes, roads, buildings, national parks, and wetlands.
• 379,398 State-owned land parcels and 635,368 wetland parcels have been identified and titled.
• Lack of specific policies and financial resources for public land management remains a challenge.
• Institutional roles are unclear, leading to inefficiencies and conflicts.
• Expropriation is done for the "general public interest," but compensation standards are unclear and often insufficient, especially for unregistered rights like grazing or fishing.

5. Transfer of Large Tracks of Land to Investors

• The Rwanda Development Board (RDB) promotes investment and ensures transparent procedures for land transfer.
• Competitive bidding is used for public land transfers, but private land transfers often lack transparency.
• No clear mechanisms exist to assess social and community benefits from investments.
• Benefit-sharing agreements are not publicly disclosed.
• Regular monitoring of investor activities and compliance with lease obligations is necessary.

6. Public Provision of Land Information - Registry and Cadastre

• A digital land register (LAIS) has been developed, integrated with other systems like mortgage and national ID.
• Land registration costs are low in urban areas but prohibitive in rural areas, creating inequality.
• Only 32% of land transactions in rural areas are officially registered, with 52% being informal.
• Decentralization of LAIS to district level is ongoing but incomplete, and interoperability with other systems like courts needs improvement.
• Awareness campaigns like "Land Week" have improved understanding of land rights and registration procedures.

7. Land Taxation and Valuation

• Land valuation is a new profession in Rwanda, with the law approved in 2010.
• Certified valuers are required for expropriation, but reference prices are used instead of market prices.
• Land lease fees are now known due to LTR, but collection efficiency is low, with less than 50% of owed fees collected nationally.
• A land-based revenue information system should be developed to integrate with the existing land information system for better tax and fee collection.

8. Land Dispute Resolution

• 23,488 parcels are under dispute, with most being intra-family conflicts.
• Land register lacks clear categorization of disputes and pending/resolved data.
• Alternative dispute resolution (ADR) mechanisms like Abunzi are accessible and affordable, but formal courts are often used unnecessarily due to lack of segregation.
• Specialist judges should be appointed to handle land-related cases for efficiency and consistency.
• Training for lower courts and ADR mechanisms is needed to improve quality and reduce appeals.

9. Institutional Arrangements and Policies

• Rwanda has a National Land Policy (2004) and Organic Land Law (2005) that underpin land governance.
• Institutional roles are still not clearly defined, leading to duplication and inefficiencies.
• Decentralization of land services is being pursued, but local authorities lack capacity to implement policies.
• Ongoing policy reviews are necessary to address emerging issues and ensure alignment with national development goals.

Key Issues and Recommendations

• Gender inequality persists in land rights recognition.
• Community participation is low in land use planning and forest management.
• Land registration costs are uneven, disadvantaging rural populations.
• Dispute resolution mechanisms need better integration and clarity.
• Institutional mandates are not clearly defined, causing inefficiencies.
• Land valuation systems are underdeveloped and need capacity building.
• Urban planning requires more public input and efficient implementation.
• Expropriation processes need improved transparency and compensation mechanisms.

Conclusion

The LGAF assessment reveals that Rwanda has made significant strides in land governance, particularly in land tenure regularization and public land mapping. However, institutional clarity, gender equity, community engagement, and effective land information systems remain key challenges. The report emphasizes the need for policy alignment, capacity building, and decentralization to ensure sustainable and equitable land governance.