2012年-世界发展银行全球_Improving_Land_Sector_Governance_in_Ghana_237页_2mb

Summary of Final Report: Improving Land Sector Governance in Ghana

Core Content

This report provides a comprehensive assessment of land governance in Ghana, highlighting the challenges and opportunities in the sector. It is based on the implementation of the Land Governance Assessment Framework (LGAF), which aimed to evaluate the legal, institutional, and operational aspects of land governance in the country. The report is authored by Dr. John Tiah Bugri from the Department of Land Economy at Kwame Nkrumah University of Science and Technology.

Key Findings

Legal and Institutional Framework

• The current legal and institutional reform process does not adequately reflect the norms, values, and traditions of Ghana’s ethnic groups.
• Customary Land Secretariats (CLS) lack a formal legal framework to function effectively as decentralized land governance structures.
• There is overlap and confusion in the roles of ministerial, departmental, and agency levels in land governance.
• District Assemblies and Town and Country Planning Departments maintain an "autonomy safeguarding mentality" that hinders harmonization of governance roles.
• Land speculation leads to land scarcity, particularly in peri-urban areas, as agricultural lands are left undeveloped for future market gains.

Public Land Management

• Most land interests are not registered, with leasehold being the only commonly registered interest.
• Public perception of land institutions is largely negative due to perceived corruption.
• Arbitrariness in land valuation by district assemblies results in unfair rateable values.
• Compulsory land acquisition and vesting negatively impact the livelihoods of indigenous communities.
• The phenomenon of land guards hampers effective public land management.

Land Use Planning, Management, and Taxation

• The planning system is weak, leading to uncontrolled urbanization and urban sprawls.
• Unauthorized developments in urban areas create potential conflicts.
• The revenue distribution formula for land-related services is seen as unfair and lacks transparency.
• There is a need for a law on condominiums to optimize urban space utilization.

Dispute Resolution

• Boundary delimitation of communal lands has been initiated at the pilot level, but completion is necessary to reduce conflicts.
• Courts are overwhelmed with land cases and lack the resources to deliver justice efficiently.

Public Provision of Land Information

• A significant portion of the population does not participate in land administration due to low literacy levels.
• Access to land information is dependent on status and recognition, rather than being a public service.

Large Scale Land Acquisition

• There is a need for clear guidelines for large-scale land acquisitions, especially involving transnational investors.
• Displacement of communities due to land deals is a major concern.
• Environmental, social, and economic impact assessments are often not conducted or poorly implemented.
• Corporate social responsibility promises are frequently not fulfilled.

Policy Recommendations

Legal and Institutional Framework

• Amend the Land Act to harmonize land laws and address overlapping functions between the Office of the Administrator of Stool Lands (OASL) and the Lands Commission.
• Enshrine a legal basis for CLS and increase their number from 37 to 50.
• Develop tailored capacity-building programs for CLS and clarify their oversight responsibilities.
• Review and revise the fee structure for land sector agencies in LAP-2.

Public Land Management

• Retry customary usufruct recordation in collaboration with traditional authorities in at least two pilot areas.
• Educate district assemblies on the benefits of improved property rate collection.
• Develop a human resource development plan for the Lands Commission.
• Complete the inventory of public land in LAP-2.
• Address women's land rights issues, including the passage of spousal rights to property bill.
• Promote women's land rights registration and support CLS in sensitization activities.
• Develop policy frameworks for compulsory land acquisition and land guards.
• Encourage regular collaboration between Lands Commission officials and LAP-2 stakeholders.

Land Use Planning, Management, and Taxation

• Establish a Town and Country Planning Authority as part of the forthcoming Land Use Planning Act.
• Fast-track strategic planning for rapidly developing regions.
• Develop regulations to regularize unauthorized developments.
• Increase capacity of the Town and Country Planning Department through training and recruitment.
• Enact a law on condominiums for urban space utilization.

Dispute Resolution

• Support local dispute resolution mechanisms in 10 traditional authority areas as a pilot.
• Evaluate results of the 10 customary boundary demarcation pilots and scale up to 30 areas.

Public Provision of Land Information

• Improve the publicity and enforcement of the code of ethics for land sector staff.
• Establish a reward system for staff with exemplary service.
• Display service fee schedules in all land sector offices and encourage reporting of rent-seeking behavior.
• Increase automation of services and minimize staff-client interaction.

Large Scale Land Acquisition

• The Lands Commission should, in consultation with traditional authorities, draft clear rules and regulations for large-scale land acquisitions.
• Civil Society Organizations and the District Assemblies should conduct public education and sensitization on land rights.
• The Ghana Investment Promotion Centre (GIPC) and Environmental Protection Agency (EPA) should collaborate to set standards for investors.

Conclusion

The LGAF study emphasizes that land policy decisions in Ghana are shaped by societal choices and the balance of power. Good land governance requires consensus-building, especially given the dominance of traditional systems. While LAP-1 achieved modest results, the findings indicate that more needs to be done to improve land governance. The report recommends that LAP-2 incorporate the above policy recommendations, with adequate execution and monitoring, to position Ghana as a leader in land governance in Africa. Both LAP-1 and LAP-2 are donor-funded initiatives with significant government support and commitment. All stakeholders in the land sector are encouraged to contribute to the success of LAP-2.

Implementation Process

The LGAF implementation process involved the following steps:

1. Contract Execution: Based on the Country Coordinator’s (CC) expression of interest, a contract was executed for the project.
2. Definition Compilation: Experts revised LGAF definitions to reflect Ghana-specific issues.
3. Background Report Preparation: A country background report was prepared, incorporating expert reports and the CC’s synthesis.
4. Panel Workshops: Eight expert panel workshops were conducted from 22nd July to 5th August 2011, covering various thematic areas.
5. Expert Roles: Four experts were assigned to investigate land tenure, land use planning, public land management, and land administration.
6. Panel Composition: Panels were formed from the Lands Commission and other relevant agencies, with representation from academics, professionals, and civil society organizations.
7. Survey and Sampling: Data were collected through interviews with High Court Registrars to support the LGAF implementation.

The process was designed to ensure a national scope, with panel discussions held in a representative sample of geographical areas. Appropriate monetary compensation and refreshments were provided to panel members to facilitate their participation.