Rwanda's Land Tenure Reform

Non-existent to Best Practice

Thierry Hoza Ngoga

• Publisher: CAB International
• Year: 2018
• ISBN:
  9781789249606
• Topic: Tecnología e ingeniería
• Subtopic: Agricultura sostenible

Rwanda's Land Tenure Reform: Non-existent to Best Practice provides a detailed account of how Rwanda managed to systematically demarcate and register all land, comprising over 10 million parcels within five years. This book: - Provides a detailed account of how Rwanda built a land administration system which is now internationally viewed as a model of success for implementing a complex land reform programme in the developing world. - Considers the ways in which land tenure reform has contributed to the country's development beyond the land sector. - Discusses how Rwanda's example can be followed by other countries wishing to embark on similar programmes of designing and implementing a nationwide land tenure regularisation programme.- Provides key strategic orientation to achieve a sustainable land administration programme.Offering a comprehensive narrative of the land tenure reform programme from inception to implementation, this book will be important reading for policy makers, land administration professionals, academics and development partners working in land administration and land tenure programmes in developing countries.

1
Introduction

1.1 Background

This book is about land tenure reform and so it is essential to commence by looking at the importance of land to people. Its importance is illustrated in the story of a married woman who has three children and is a resident in Remera sector, Gatsibo District, in the Eastern province of Rwanda. She is a farmer and has no other income-generating activity apart from farming. She portrays her story of what land actually means to her and her family in the box below. She participated in a focus group discussion organised by the author in May–June 2017 as part of primary data collection to supplement the secondary data used in writing this book.

“Land, land, land. Where do I start? I wouldn’t know how to talk about and describe the importance of land – as what we have achieved in terms of development as a family is because of our land. My husband and I are farmers. We have two pieces of land which are registered where we live and where we farm. We are able to feed ourselves from our farm produce and take some leftover to the market. Selling some produce in the market allows our family to have some money to cater for other household needs. As a family, we are no longer part of the poverty category that is entirely catered for by the government. We are happy. So far, we have achieved a lot because of our land. We have bought four cows valued at more than 500,000 FRW [approximately £5000]. For people who were once in the extreme poverty category who could not afford anything, this is a very big achievement. All these cows came from the beans produced from our land. The money we got from selling the beans from our land was used to buy one cow which in the end gave birth to the three other cows. As a family, we feel empowered, we feel we have our place in society, we feel respected and my husband feels manly. In the past, it was so difficult for us. Even though as a family we were farmers, it was not easy to have some money to cover basic household needs before the yield period. We never had money and it was not easy for us as a family. Now, when we require money urgently, we take our land document to our Saving Cooperatives (SACCO) and they lend us money to attend to any family needs...Our farming projects are going well and if we have new project ideas to develop our land further, I have confidence that with our land documents, SACCO would still lend us money. Life has become enjoyable. My husband and I don’t fight any more as we did before because we are both busy focusing on projects that will develop our family. I deal with land and he spends most of his time looking after the cows. My husband and I are more confident about our future because we are able to attend to our needs and those of our children because of our land. As a family, we are able to buy school materials for one child who is already in school and are able to buy other things we need for the home. We are also currently able to pay for our family health insurance, something we could never have afforded when we were very poor. Without our land, we would not be able to do any of these things. I wouldn’t say that it is easy to get money to pay for all those things, but at least we work hard and are able to manage. It is not easy but it works and we are glad.”

The importance of land could not be emphasised more than by the woman’s story. Many people in the world depend on land for their livelihoods. Land is an important natural resource for the survival and development of people and ecosystems globally, and thus plays a critical role in the economies of nations. Regarding the advanced world, for example, it is well documented by economic historians like Rosenberg and Birdzell (1986), Torstensson (1994) and Goldsmith (1995) how land or real estate has contributed immensely to the economic development of the continent. In the developing world, land is the most basic and vital aspect of subsistence, and therefore a strategic socio-economic asset, especially in poor societies where wealth and survival are measured by control of, and access to, land (Deininger, 2003; USAID, 2005; Lund, 2008, cited in Abdulai and Owusu-Ansah, 2016).

It is therefore not surprising that in many developing countries, land accounts for 50% to 75% of national wealth (Bell, 2006) and in Africa, in particular, it constitutes the focal point for livelihoods for the majority of people. According to the Food and Agriculture Organisation (FAO, undated, p. 2) in Africa, agriculture remains the backbone of the continent’s economy, accounting for approximately 20% of the region’s GDP. Agriculture also employs 60% of the continent’s labour force, constitutes 20% of its total exports and remains the main source of income for Africa’s rural population (FAO, n.d., p. 2). Thus, as the population grows and pressures on land intensify with climate change, agriculture production will need to increase in order to cater for the growing population. According to the FAO (n.d.), agricultural production will need to increase by 70% by the year 2050 in order to cope with the pressures of climate change, a growing world population and limited resources. Land management systems, governance and distribution need to be enhanced in order to prepare for the growing needs of the populace. Developing countries in general and the African continent in particular need to do more in this regard given the consequences of land degradation, unsustainable agriculture systems, severe climate change effects, acute poverty and the inequality in natural resources distribution.

It is therefore obvious that land is far too important a subject to be left out of consideration in any serious macroeconomic deliberation and in the collective quest for poverty alleviation and economic development, especially in Africa (Abdulai and Owusu-Ansah, 2016). The way land is governed and managed determines Africa’s ability to harness it and other resources for economic prosperity, social equity, environmental sustainability and peace and security (UNECA, 2012, p. 2).

Africa has not exploited land to its fullest to achieve its developmental goals, mainly due to inadequate land policies and weak land administration systems for implementation, even where these policies are in place (UNECA, 2012, p. 2).

1.2 Need for Good Land Governance

Increasing pressure and demand for land, tenure insecurity, climate change, land grabbing, declining agricultural productivity, land degradation and land competition – in some cases leading to social conflict and even bloodshed – are some of the main issues calling for the need to improve land governance. According to Palmer et al. (2009), “Land governance, by extension, concerns the rules, processes and structures through which decisions are made about the use of and control over land, the manner in which the decisions are implemented and enforced, and the way that competing interests in land are managed.” It is the process by which decisions are made regarding access to and use of land, the manner in which such decisions are implemented and the way any conflicting interests in land are reconciled (Kironde, 2009). As Kironde notes, good governance in land matters is of a technical, procedural and political nature since land rights cannot be separated from civil, political and human rights and are dependent on political, administrative and professional readiness to ensure fair treatment and equal opportunities for all.

In many African countries, control over land rights is a means of accumulating and dispensing political as well as economic power and privilege, through patronage, nepotism and corruption, and so addressing these issues is critical to improving land governance (Kironde, 2009). African countries have been subject to colonialism, and therefore there are mainly two types of land supply or tenure systems: (a) formal/State land tenure systems based on the real property law of the colonial masters of the respective African countries; and (b) customary/traditional land tenure systems, which originate from indigenous societies (Abdulai and Antwi, 2005). In the State land sector, the State holds the land in trust for its citizenry and so has to manage the land prudently in the public interest. The State also has the responsibility of regulating the customary landholdings by formulating and implementing appropriate land policies to enhance land governance generally. Thus, the role of the State as a holder of land, as well as a regulator, is crucial in good land governance.

The FAO (2007) has developed guidelines on good governance in land tenure and administration and argued that a land administration system that is designed to promote economic development is likely to place priority on areas such as the speed of re-registration after sale, the speed and accuracy of searches to check for charges against properties for loan purposes, the clarity of regulations for planning and building and the procedures for changing land use. If it is designed to enhance a pro-poor and gender-sensitive agenda, it is likely to place a high priority on areas such as achieving land tenure security for lessees and sharecroppers, the recognition of informal or customary property rights and the development of gender-neutral inheritance rights. Samples of the FAO’s guidelines are summarised in Table 1.1.

Table 1.1. Samples of embodying good governance values.

Good governance values in land tenure and administration	Examples of practice embodying good governance values
Land administration systems should be efficient and effective.	Work is accurate and timely, with enquiries being answered within a reasonable period. Work is undertaken by competent persons. Good performance is rewarded (ineffective professionals are disciplined or dismissed).
Land policies that embody value judgements should be endorsed by elected politicians after consultation with interested and affected parties.	Land-use plans are approved by democratically elected politicians after effective public consultation.
Land information is freely available, subject to the protection of privacy.	Land registry information can be freely accessed (subject to privacy constraints). Prices paid for properties are available from the land registry. Land tax assessments can be inspected so that taxpayers can challenge the fairness of assessments. Decisions on changes to land use are made in meetings that are open to the public and citizens can present arguments to the decision-makers.
Land laws and regulations should be freely available, well drafted in a participatory and transparent manner, responsive and consistent, and able to be enforced by the government and citizens.	Citizens can bring land disputes before an independent and impartial judiciary that is supported, as appropriate, by technical experts. Laws are clear and consistent and translated into local languages. Alternative dispute resolution processes are available so that disputes can be settled by mediation and conciliation as an alternative to court actions. The decisions of the government in areas such as land-use planning, land taxation and compulsory purchases can be challenged by citizens in the courts on points of law. Valuations used by the government for taxation and compulsory purchase can be challenged by citizens.
Land administration agencies should be independently audited and should publish their accounts and performance indicators.	Land administration agencies publish their accounts and key performance indicators, which are independently audited. Government accounts are kept on an accruals basis. Professional bodies separate their promotional and disciplinary activities.
Land administration services should be provided without discrimination, e.g. on the basis of gender, ethnicity, religion, age or political affiliation.	Inheritance laws do not discriminate by gender. Information is accessible for all, including illiterate people. The land rights of minorities are protected by land registration. Indigenous rights to land are recognised. The cost of land registration is affordable. Registration does not require expensive services or examinations.
Sustainable land development should be encouraged.	Regulations to prevent unsustainable development are enforced.
Land services should be provided close to the user.	Land records can be accessed remotely using internet technology. Service points are accessible for citizens who live far from the registry.
Land registration and legal systems should provide security of tenure for those with a legitimate interest in a land parcel.	Registered rights of people are legally protected against claims of others. Records can be altered only by authorised officials according to a law-stipulated process. Back-up systems for land registration allow records to be recreated if destroyed by natural disasters or conflicts.
Land administration officials should behave with integrity and give independent advice based on their best professional judgement.	Policies exist to prevent and identify corrupt practices, insider trading and favouritism, and to discipline or prosecute those following such practices. Policies protect and provide incentives for “whistle-blowers”. Officials and politicians are required to disclose potential conflicts of interest and not to act in such cases. Government property is accounted for.

(Source: FAO, 2007)

The FAO (2007) has also catalogued the negative impact of weak land governance to include: land disputes or insecurity of land tenure; weak land and credit markets; abuse of compulsory purchase powers; reduced public revenues; environmental degradation; poverty and social exclusion; and constraints on economic development. In addition, land grabbing has been rampant in some developing countries. Thus, the importance of good governance in land tenure and administration cannot be over-emphasised.

A number of initiatives, both at the regional and international levels, have been established in Africa to improve land governance and people’s livelihoods. In this regard, the African Union (AU), in partnership with the United Nations Economic Commission for Africa (UNECA) and the African Development Bank (AfDB), established the AU-ECA-AfDB Land Policy Initiative (LPI) in 2006 with the aim of enhancing knowledge and mutual learning, and lobbying political will and financial support for land policy formulation and implementation in Africa. The LPI resulted in the development of a Framework and Guidelines on land policy in Africa, which aimed at facilitating land governance once implemented by AU member states. They were endorsed by African Ministers responsible for land with a commitment to enhance their application by the AU Heads of State and Government in a Declaration on Land Issues and Challenges in Africa in July 2009 (UNECA, 2012, p. 2).

In addition to the LPI, there are a number of other initiatives that have been set up to advocate and promote land governance. These include, for example, the United Nations Global Land Tool Network (GLTN), which comprises a network of various partners working for poverty reduction through land reform. Another global initiative is the FAO’s Voluntary Guidelines on Responsible Governance of Tenure of Land, Fisheries and Forests which, amongst other things, “seek to improve governance of tenure…with an emphasis on vulnerable and marginalized people with the goals of food security and progressive realisation of the right to adequate food, poverty eradication, sustainable livelihoods, social stability, housing security, rural development, environmental protection and sustainable social and economic development” (FAO, 2012, p. 1).

The World Bank Land Governance Assessment Framework (LGAF) has also been set up to assess land governance in different developing countries. LGAF was developed by the World Bank in collaboration with other organisations, including the FAO, UN Habitat, the International Fund for Agricultural Development (IFAD), the International Food Policy Research Institute (IFPRI), the AU and bilateral partners. According to the World Bank (2013, p. 6), three factors triggered the systematic assessment of land governance: (a) due to stagnant or low productivity of land in many areas, soaring global demand for land as a source of food; fuel and environmental amenities; a need for structural transformation that transfers labour out of agriculture; and land for urban growth; institutional arrangements governing land have emerged as a key factor for sustainable growth and poverty reduction; (b) as a result of institutional fragmentation, where responsibility for land is spread over a large number of government institutions, which are often poorly coordinated, there can be a wide gap between legal provisions and their actual implementation; and (c) technical complexity and context specificity of land issues and the fact that change may be resisted by powerful stakeholders benefiting from the status quo implies that progress would depend on the ability to forge a consensus among experts in a participatory and deliberative process based on a comprehensive analysis.

The LGAF focuses on specific areas to measure and assess good governance in the different countries in which it is implemented. These areas include: how property rights to land (at group or individual level) are defined, exchanged and transformed; how public oversight over land use, management and taxation is exercised; how the extent of land owned by the State is defined, how the State exercises it and how State land is acquired or disposed of; the management of land information and ways in which it can be accessed; avenues to resolve and manage disputes and hold officials to account; and procedures to deal with land-related investment (World Bank, 2013, p. 6). Although the LGAF is presented as an assessment tool, it sets out a list of recommendations to be implemented in improving land governance and land administration through policy, legal, institutional and procedural reforms.

The World Bank Annual Doing Business Report is another important instrument serving as an impetus for countries to reform land governance. Doing Business assesses and measures how regulation affects various areas of doing business. Amongst the 11 indicators measured by the World Bank Annual Doing Business Report is registration of property, where the focus is on measuring the time, cost and processes involved in registering property: “The foundation of Doing Business is the notion that economic activity, particularly private sector development, benefits from clear and coherent rules: rules that set out and clarify property rights and facilitate the resolution of disputes” (World Bank, 2017, p. 1). Based on each country’s assessment, the report provides a ranking of 190 economies for all measured indicators. Since no country wants to lag behind and miss out on potential investments, there is a sense of willingness to reform, including land tenure and land governance.

The need to reform and enhance land governance and relevant systems has also been prioritised in goal one of the Sustainable Development Goals (SDGs) aimed at ending poverty. One of the targets of this goal (target 1.3) is that by 2030, all men and women, and in particular the poor and vulnerable, should have equal rights to economic resources as well as access to basic services, ownership and control over land and other forms of property, inheritance and natural resources (UN, n.d.). Land governance is also prioritised in the SDG 2 aimed at ending hunger. Target 2.3 states that by 2030, agricultural productivity and incomes of small-scale food producers should double. In particular, groups considered vulnerable, including women, indigenous peoples, family farmers, pastoralists and fishers, should have secure and equal access to land, other prod...