2016年-世界发展银行全球_Land_Governance_Assessment___Zambia_Country_Report_110页_2mb

Zambia Country Report on Land Governance Assessment (LGAF)

1. Introduction

The Land Governance Assessment Framework (LGAF) is a tool used to evaluate land governance systems against international best practices. The report outlines the implementation process of LGAF in Zambia, highlighting key steps and methodologies employed. It also identifies strengths, weaknesses, and areas for improvement in the country's land governance system. The assessment aims to inform the design of reforms, including policy, legislation, and procedural changes, to enhance land governance.

1.1 Process of Implementation of the LGAF

• The LGAF implementation process was overseen by the Country Coordinator (CC) and supported by an assistant.
• The process started in June 2015 and was originally scheduled to end in December 2015 but was extended to June 2016.
• It involves nine panels, each focusing on a specific land governance theme, with stakeholders providing input through a 4-level scoring system (A to D).
• Key steps include data collection, analysis, background report compilation, panel discussions, and the synthesis of findings.

1.2 Methodology and Comments

• The methodology included reviewing LGAF definitions, assembling expert investigators and panel members, and compiling an inception report.
• Background reports were reviewed by the CC, LGAF Secretariat, and the Technical Advisory Group (TAG), with comments sent back to the EIs.
• Panel discussions were held in late February and early March 2016, involving participants from various sectors including the private sector, NGOs, local governments, and academic institutions.
• The final synthesis report was submitted to the World Bank after national validation workshops.

2. Context Analysis, Tenure Typology, and Institutional Mapping

2.1 Context Analysis

2.1.1 Socio-economic Situation

• Zambia has a population of 13.1 million (2010), with a steady increase since 1980.
• About 58.5% of the population lives in rural areas, relying heavily on agriculture.
• The economy is dominated by the copper mining industry, which accounts for 95% of export earnings.
• Economic growth increased from 2% to 6% between 2006 and 2010 due to macroeconomic stability and copper price increases.
• Poverty remains high, with 60% of Zambians classified as poor in 2010, more prevalent in rural areas (78%) than urban (28%).

2.1.2 Legislation

• The 1991 Constitution is the supreme law of Zambia and has been amended multiple times, including in 2016.
• Article 16 of the Constitution outlines that property cannot be compulsorily taken without adequate compensation, except in specific cases such as mineral exploitation or implementation of land policy.
• Articles 127 and 128 recognize the role of chiefs in land administration and allow them to hold land in trust for their communities.
• Other key legislation includes the Lands Act (1995), which governs land tenure and limits alienation to 99 years.
• The National Policy on Environment (NPE, 2009) and the Draft National Policy on Climate Change (NPCC) address environmental and land use sustainability.

2.2 Tenure Typology

Zambia has a dual tenure system:

• Statutory Tenure: Leasehold rights, with a maximum term of 99 years.
• Customary Tenure: Traditional land rights managed by chiefs, with no formal legal framework.
• Public Land: Reserved for government use, including forests and national parks.
• De Facto Tenure: Informal land holdings, particularly in urban areas (e.g., over 60% in Lusaka).
• Tenure Overlaps: Public land often overlaps with customary and statutory areas, creating complex governance challenges.

2.3 Institutional Framework

• The Ministry of Lands, Natural Resources and Environmental Protection (MLNREP) is the main institution for land governance.
• Other key institutions include the Ministry of Agriculture, MLGH, the Vice President's office, and the Ministry of Chiefs and Traditional Affairs.
• Chiefs play a central role in customary land administration, with 4 paramount chiefs, 8 senior chiefs, and 240 chiefs nationwide.
• Institutional overlaps and lack of coordination remain a challenge.

3. Substantive Findings

3.1 Recognition and Respect for Existing Rights

• Good Practices:

  • Formal recognition of customary rights in rural areas.
  • Possibility of regularizing informal urban settlements through new legislation.
  • Timely compensation and transfer of acquired land to its intended use.

• Weaknesses:

  • Less than 50% of land rights are protected or recorded.
  • High cost of property registration and transfer (over 5% of property value).
  • Lack of effective mechanisms to resolve institutional overlaps.

3.2 Rights to Forest and Common Lands and Rural Use Regulations

• Good Practices:

  • Rural land use regulations are being improved through the 2015 Urban and Regional Planning Act.
  • Potential for regularizing informal settlements.

• Weaknesses:

  • Inequity and lack of effectiveness in rural land use regulations.
  • No policy for prior land identification for investors or cross-sector coordination.

3.3 Urban Land Use Planning and Development

• Good Practices:

  • Legal framework for urban land use is improving.
  • Possibility for regularization of informal settlements.

• Weaknesses:

  • Restrictions on land rights are not transparent.
  • Formal court processes are too slow.
  • Lack of synchronization between public land registers.

3.4 Management of Public Land

• Good Practices:

  • Public land is recorded and accessible.
  • Valuation rolls are publicly available.

• Weaknesses:

  • Public land acquisition processes lack transparency and benefit-sharing mechanisms.
  • Less than 50% of public land is disposed of through open tender.

3.5 Transparent Process and Economic Benefit of Transfer of Public Land to Private Use

• Good Practices:

  • One-stop shop for investment applications.
  • Accessible and searchable public land register with fee schedules.

• Weaknesses:

  • No effective policy for prior land identification.
  • Lack of synchronization between land registers.
  • Inefficient and opaque land valuation and tax collection.

3.6 Public Provision of Land Information: Registry and Cadastre

• Good Practices:

  • Public land register and cadastre are accessible.
  • Valuation rolls are available for taxable properties.

• Weaknesses:

  • Registers are not synchronized.
  • Non-documentary evidence is rarely used for property claims.
  • High costs and lack of transparency in fee determination.

3.7 Transparency in Land Valuation and Tax Collection Efficiency

• Weaknesses:
  • Land valuation processes lack transparency.
  • Tax collection is inefficient.

3.8 Dispute Resolution

• Weaknesses:
  • Land disputes are resolved too slowly in the formal court system.
  • No effective mechanism for managing institutional overlaps.

3.9 Review of Institutional Arrangements and Policies

• Weaknesses:
  • Lack of clarity in institutional mandates.
  • Non-discriminatory decision-making is not consistently practiced.
  • Need for more integrated and equitable land policies.

4. Synthesis and Analysis

4.1 Overview of Land Governance Assessment by Theme

• The assessment covered five key themes: recognition of rights, land use planning, public land management, land information provision, and dispute resolution.

4.2 Strengths of the Land Governance System

• Formal recognition of customary rights.
• Availability of public land information.
• Legal framework for urban land use and informal settlement regularization.
• One-stop investment application process.

4.3 Key Issues for Attention

• Synthesis of Issues:

  • Low protection and recording of land rights.
  • High costs and inefficiencies in land transactions.
  • Lack of transparency in public land acquisition and valuation.
  • Institutional overlaps and weak coordination.

• Cause-Effect Analysis:

  • Poor land governance leads to insecure tenure and disputes.
  • Inefficient processes hinder investment and sustainable development.
  • Weak institutional frameworks contribute to lack of coordination and transparency.

4.4 Recommendations

• Strengthen legal and institutional frameworks to protect and recognize land rights.
• Improve transparency and efficiency in land valuation and tax collection.
• Develop a national land policy to address tenure issues and promote equitable access.
• Synchronize public land registers and ensure regular updates.
• Enhance mechanisms for dispute resolution and conflict management.
• Promote cross-sector coordination and institutional clarity.

4.5 Lessons and Next Actions

• The LGAF process highlighted the need for comprehensive reforms in land governance.
• Inclusive and participatory processes are essential for policy development.
• Continued stakeholder engagement and data collection are required to monitor progress.

5. Conclusions

The LGAF assessment revealed both strengths and weaknesses in Zambia's land governance system. While there are formal mechanisms for land administration and some progress in addressing land use issues, significant challenges remain in terms of land rights protection, transparency, and institutional coordination. A national land policy is urgently needed to guide future reforms and ensure sustainable land management.