Land Reform in Rwanda - Technology & the Land Tenure Regularisation Process -

Presentation Bahar Dar Workshop

Ethiopia

11 – 12 May 2009

HTSPE (UK), Premier Consulting Group (Rwanda),

Matrix (Kenya)

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INTARA Y'IBURASIRAZUBA

INTARA Y'AMAJYEPFO

INTARA Y'IBURENGERAZUBA

INTARA Y'AMAJYARUGURU

UMUJYI WA KIGALI

KAYONZA

GATSIBO

KIREHE

NYAGATARE

RUSIZI

RUTSIRO

BUGESERA

NGOMA

KARONGI

HUYE

GICUMBI

NYAMAGABE

NYAMASHEKENYANZA

NYARUGURU

BURERA

GAKENKE

KAMONYI

GISAGARA

MUHANGA

RULINDO

RUHANGO

NYABIHU

MUSANZE

RWAMAGANA

NGOROREROGASABO

RUBAVU

KICUKIRONYARUGENGE

.

Insobanuro

" Ibiro by'Akarere

Imbibi z'Intara n'Umujyi wa Kigali

Imbibi z'Akarere

Pariki

Ikiyaga

© Institut National de la Statistique du Rwanda, Novembre 2005

IKARITA NSHYA IGARAGAZA IMBIBI Z'INTARA, UTURERE N'UMUJYI WA KIGALI

10 0 105 Km

25,300 Km2

9.9 Million People

GDP $1000 (2007)

Average parcel 0.35 ha

30 Districts

416 Sectors

2,146 Cells

Rwanda: Background

Regulatory Framework

• Chain of Legislation from Constitution 2003 to

National Land Policy 2004 to Land Law – the

Organic Land Law 2005

• Progressed to drafting of orders and decrees

(2006) that set the details for planning and land

administration

Salient Features Organic Land Law (OLL)

• Defines rights in land – customary tenure effectively abolished but rights previously obtained are protected

• All land in country has to be registered and titled –forms of tenure - dispute resolution will be required

• Sets out institutional arrangements central and district levels and below – to enable effective implementation

• Meeting urban and rural requirements in a unified

system

• Requires a rational land planning framework for country

•

Land Governance Institutions

• Centralised Office of the Registrar housed within a National Land Centre (NLC) – handle mostly land administration and planning issues sets procedures and standards for land administration

• District Land Bureaux to handle all district land issues, planning and land administration (30 in number) and liaise with sectors and cells.

• National and District Land Commissions to oversee work of the NLC and the Districts.

• Strong Sector and Cell involvement ensures there is space for maximum local participation and transparency

Ministry of Natural Resources (MINIRENA)

National Land Commission

National Land Centre

District Land Commission

District Land Bureaux

Sector Land Committees

Cell Land Committees

Landholders

MINIRENA

The Registrar of Land Titles (Director General)

Office of the Registrar (five deputy registrars)

with Land Tenure Regularisation Support Team for first

Registration

Land Management

Planning Unit

Land Information,

Survey and Mapping

Finance and

Internal Resources

Office of the Deputy Director General (Technical)

Current Institutional Structure

Field Testing and Research

Field Consultations 2006;to gain understanding of what was required. These

consultations provided direction for

Field trials and analysis 2007-08;test acceptability, buy-in and appropriate systems for

implementation of the law. This provided the basis for

Monitoring and Evaluation 2008;how trials had worked and collect baseline information

outside of the trials areas

Ministry of Lands, Environment, Forestry, Water and Mines

(MINITERE)

1

Conclusions from Field Consultations 2006

State seen as both guarantor and source of tenure

insecurity through expropriation and land sharing

– Strong demand for formalised tenure arrangements

through systematic registration

– Many land owners already have documents formal

mixed with informal – most have no documentation

at all

– Some local authorities already set up ad hoc

systems – desire for this to be standardised nation-

wide

– To reduce land disputes (mostly intra-family),

increase tenure security and provide a foundation

for economic growth and long term peace

Field Trials 2007- 08;

General Objectives

• Test the law and the main issues related to implementation. Fact based assessments, supported by primary data

• Inform the secondary legislation (laws and decrees) to reflect the issues on the ground

• Identify un-forseen issues that may arise resulting from implementation

• Quantify more specifically the resources required at District, Sector and Cell Levels

• Test the public requirements/response

Land Tenure Regularisation (LTR) –

the guiding principlesLTR is an administrative procedure undertaken for the purpose of recognising and securing existing rights that people and organisations other than the State have to, in or over land in Rwanda and to convert those into legally recognised rights.

• Establishing rights and obligations in land

• Transparent mechanism for resolving disputes

• Open process based on active Public Participation

• Just administration

• Low tech and low cost model programme that can be adapted and is replicable in all areas

Bringing land onto the Register: The Land

Tenure Regularisation Process

Final Registration and titling

Notification of LTR areas

Demarcation and Adjudication

(Recording claims and land parcels)

Claims with no objections

Training of Committees and Local

Information Campaign

Objections and Corrections Period

Claims with objections

Abunzi/Dispute Resolution or

other mediation

Kabushinge

MwogaBiguhu

Nyamugali

Kigali

Trial Cells

Kirehe

Karongi

Musanze

Four AreasProvince

District Sector CellHH

(no)

Umudugudu

(no)

Parcels

(no)

Total

(Ha)

West Karongi Ruganda Biguhu 358 8 3,019 740

North Musanze Rwaza Kabushinge 1,118 8 7,432 584

Kigali Gasabo Gatsata Nyamugali 1,200 5 1,562 66

East Kirehe Muhama Mwoga 837 5 2,895 2,058

Total 3,513 26 14,908 3,448

Analyse records acquired to gain an understanding of;

1. how land is held and transferred,

2. analysis of local land markets and ‘means of access’ to land

3. supporting evidence documents and community attestation

4. family arrangements for land allocation and use (gender family/household

issues, inheritance, polygamy etc

5. test arrangements for formal documentation and institutional structures

6. disputes – number, nature, typology

7. parcel sizes, no, of parcels held per household (holding), size of holding

Recording claims and land parcels- a participatory low cost, low tech approach -

Human Resources

• Each Field Team consisted of 2 - 4 para surveyors and 8 to 10 members of adjudication committee (4 – 5 village representatives and 4 –5 Cell land committee members)

• One Field Manager supervising all field teams

• One qualified Surveyor for technical backstopping and initial training of para surveyors (3 days); experienced para surveyors training new para surveyors (ToT principle)

• Claimant and Neighbours

Recording claims and land parcels- a participatory low cost, low tech approach -

Technical Resources• Quick Bird Imagery (2 archive images (2004) & 2 new

images; orthocorrected (Erdas) and georeferenced)

• These were tiled and printed at 1:2000 image

• Images divided into printed (colored) field worksheets and laminated

• In the field overlaid with transparent upon which agreed upon parcel boundaries were sketched

• At end of the day transparent indexed (UPI) and digitized.

• Arial Photography (low level) used in urban areas for 1:1000 images

28

Musanze District

Nyamugali, Land Parcel Overview

A Thriving Land Market

Mwoga in SE US$ 3,400/ha

Kabusinge in NW US$3,500/ha

Biguhu in West US$ 2,300/ha

Nyamugali Kigali US$ 11/m2

Parcels Demarcated and Adjudicated

Province District Sector CellParcels

(no)

Total

(Ha)

Time

Required

West Karongi Ruganda Biguhu 3,019 740 8 weeks

North Musanze Rwaza Kabushinge 7,432 584 14 weeks

Kigali Gasabo Gatsata Nyamugali 1,562 66 6 weeks

East Kirehe Muhama Mwoga 2,895 2,058 8 weeks

Total 14,908 3,448

• Time required depended on parcel size and terrain

• Average Cell in Rwanda has 3,500 parcels; based on trial results each

Cell would take on average 40 – 50 working days

Capital costs (2009 to

2013)

Annual recurrent costs

(2014+)

Per parcel Per 100m2 Per parcel Per 100m2

Urban 10.53 1.83 0.82 0.14

Capital costs (2009 to

2013)

Annual recurrent costs

(2014+)

Per parcel Per ha Per parcel Per ha

Rural 11.2 40 0.9 3.2

Unit Costs $ for 5 year Programme

Cost Effectiveness

Analyses shows;

• Agric production would need to increase 1-2 percent per annum for

programme to be justified

• After 2013 we expect annual cost of US$ 6.5 million per year – must

be raised

either through Government subvention or fees – or both

• Urban Land Registration – need only 0.04 percent increase in

economic activity – represented by increase in urban land prices –

only a 1 percent increase in land values will justify the costs.

• Lower number of parcels and smaller areas means recurrent costs are

lower than for rural at US$ 0.34 million

Can LTR be replicated in other countries?

Five Critical LTR Success Factors

• High Population Density & Land Scarcity

• On balance State is perceived to be fair, impartial and

acting

• LTR is transparent & participatory

• Economic and financial Cost-Benefit for people is positive

• Speedy and cost effective