The LAND COMPONENT of the

PRIVATE SECTOR COMPETITIVENESS PROJECT II

Moving From Analysis To Action in Uganda

ByRexford Ahene

Senior Technical Advisor

Background

Uganda’s legal framework on land has undergone reforms in the recent past The land Act of 1998 Land Sector Strategy Plan provides the operational

framework for the Land Sector. Guiding Policies:

Poverty Eradication Action Plan (PEAP) The Decentralization Policy and Local Government Act,

1997 Plan for Modernization of Agriculture (PMA) The Liberalization and Medium Term Competitiveness

Strategy New Land Policy and Land Use Policy – ongoing initiative

Principles on which the 1998 Land Act was based:

A good tenure system to legally recognize customary tenure, empower and protect the poor;

Support agriculture through the functioning of the land market and improve access for progressive farmers;

Resolve the land use impasse between registered owners and lawful bona fide occupants;

Redress historical imbalance and injustices in ownership and control of land.

To create an inclusive and pro-poor and legal framework for sustainable and productive the land sector

Strategic Objective – Build up to LIS

Goal: A Complete, integrated and spatially referenced database

Earlier Initiatives Kampala Mapping Project (Digital Topo Mapping with cadastral capability) –

starting from 1994 -present CAMPUS Project : 1995 – 1997 – Mapping from satelite images SPEED Project (USAID/GoU/KCC) : 2002 – 2003 - Records Rehabilitation – on

going and conversion from manual to EDM Studies Carried Out:

• Report on the Land Registration Procedure and land Registry 1990• Rehabilitation and Development of Land Survey and Registration 1990• Base for a Land Information System in Uganda – 1996 – By Swedesurvey• Design and Development of GIS including Uganda Spatial Data Infrastructure

2001• Review of the Status of LIS – 2003• LIS Detailed Plan for the Design, Development and Implementation in Uganda

2004

PSCP II Land Project Goals

To comprehensively restore the integrity of Uganda’s Land Registration system

To modernize and enhance the ability of the land sector to deliver services commensurate with the need of a private sector-led economy

To establish a modern Land Information System and Land Records Archiving system with all the benefits associated

To develop the institutional capacity and human capital required by the land sector

To eliminate land-based constraints to Uganda’s private sector competitiveness, thereby encourage investment and alleviate poverty.

The project’s design principles are:

Land Registry rehabilitation and expansion of registration of titles to secure one of the most important assets of households and Micro, Small, and Medium Enterprise’s (MSMEs).

Implementation will be as much decentralized as possible, through the existing and developing District administration institutional mechanisms, consistent with decentralization policy;

Enhanced land sector capacity at all levels is a prerequisite for successful implementation of this project;

Lessons learned from the piloting LIS, Systematic Demarcation and Government Land Inventory operations will determine the scope of future interventions.

Project Rationale

Household survey evidence indicates that about 50% of most Ugandan households’ wealth is held in the form of land Benefits: Investment incentives; Transfer of land to more productive uses Move towards comprehensive Cadastral Registration with records

rehabilitation and LIS to help resolve land issues For private sector development, economic growth, and poverty

reduction Use of land as collateral and to promote land market transactions in a

refined legal environment; Support Decentralized Local Government development planning and

control; Environmental conservation and habitat preservation; Effective management and use of Government land

Why PSCP-II, Land Component?

It is a national initiative: To comprehensively restore the integrity of the Land Registry

To provide access to the fundamental spatial data that underpins sound delivery of land services - establish a LIS

To ensure that users of spatial data will be able to acquire consistent datasets to meet their requirements

To encourage all stakeholders (public and private) to use LIS to support social policies and investment decisions

For managing poverty alleviation and sustainable development

What are some of the defining activities of the project?

Rehabilitation and modernization of the Land Registry and the establishment of a LIS

Review and harmonization of land laws, including the Mortgage Act, and drafting of new laws for LIS, Estate Agents, Archiving of Land Records and overhaul of the Survey Act.

Civil works: New construction: LIS Center, Archival Center some new District Land

offices.

Rehabilitation of the Central Registry and some District Land Offices and the Survey School

REHABILITATION OF EXISTING LAND RECORDS AND

ACTIVITIES: Rehabilitation of existing land records. Scanning of title

records, maps, other Land records and instruments Harmonization of overlapping surveys, geo-referencing Reconstruction of missing records Updating of titles and other records Indexing, scanning &reorganization of records

Training and capacity development for staff in the public sector as well as skills development for the private sector.

Computerization of the Land Registry

Reduce the time and cost involved in transferring property rights and in processing mortgages

Facilitate the monitoring and analysis of market and rental values of land and property; and

Provide built-in mechanisms for quality control and ensure integrity of data

Easy to identify and prevent fraud and illegal transactions

Facilitate search and verification of title

Records Rehabilitation & Computerization

Re-filing – organizing and preparing certificates for processing Re-ordering – organizing instruments prior to collation with

associated Mailo rehabilitated file. Data In-take – completing certificate cover details and associated

instruments Instrument retrieval – searching for associated instruments Data Entry – coding data entry forms and data entry into TRIM

database. Verification – checking for errors added by the Data Entry Clerks

into the TRIM database. Quality Assurance – checking overall accuracy of the rehabilitation

process.

Rehabilitation & Computerization

Rehabilitation include the following: Sorting and cleaning-up of registry records Opening of new separate file for each certificate of title Consolidation of records into single files Indexing of information from certificates and data entry into TRIM

database Identification of orphan and/or missing records Reconstruction of missing and dilapidated records

Data Entry – coding data entry forms and data entry into TRIM database.

Verification – checking for errors added by the Data Entry Clerks Preparation of back-up copies (including scanning) for disaster

recovery Quality Assurance – checking overall accuracy of the rehabilitation

process. Rearrangement of binders in the strong room

Rehabilitation Sep 2003 –Nov. 2005

Average data entry per month is 2,103 Mailo Certificates and 9,033 instruments

Total number of Instruments 728,936 and 107,079 Certificates handled

126,464 or 60% of Kampala District instruments have been entered into the database

Wakiso District – 134 out of 154 Blocks had been retrieved. With 26,306 Mailo Certificates recorded.

Sep.2005 – Aug. 2006: 21,515 titles were updated 15,777 new titles registered

Un-surveyed Mailo Titles -Mukono District

The blocks sampled represent 5% of the total number of blocks in the district.

On average each block contains 8 blue pages. Estimate about 4000 blue pages in Mukono district.

For most of the blocks there are more than 2 persons claiming the same plot but with different areas.

Un-surveyed Mailo Title applications

County Registered proprietor Block Year Plot # Area (ha)

Kashari, Mbarara Dist

Savbiti 35 1968 14 & 18 1.2

Sheshera 35 1968 14 & 18 4.050

Dorothy Kinentambi 36 1975 111 38.5

Joyce Mukamutambitsya

36 1975 111 32.43

Kyatuka 36 -na- 111 5.0

Mukono Dist. Binywera kabu 65 1965 2 81

E. Njubye 65 1959 2 17

Kaaoli. Lukoya 65 1958 2 50

UPGRADING OF UNSURVEYED MAILO TITLES

Upgrading of un-surveyed titles – Systematic adjudication and demarcation

Sensitization and Participatory Procedures Adjudication and conflict resolution Legal Aid for dispute resolution Protection of vulnerable groups Systematic Demarcation and Surveying Up-dating cadastral plans

Registration of up-dated Mailo Titles

Benefits of LIS and Archiving

For standardization in the collection and processing of land information;

Speed up the processes of first registration of title;

Decrease the cost and space required for storing land records;

Prevent unnecessary duplication; enhance security of records;

Simplify the preparation of "disaster" copies of registers;

Facilitate accesses to land-related data and improve their distribution;

Dream LIS Setup.

•A central GeoDataBase.•The new reference system.•Well defined feature classes.•Different types of data.

A metadata- system describing

the content.

Different types of output

Availability over internet?

Production lines online.

UGANDAClustered Districts

Central (12)West (15)East (13)North (15)

Benefits of Improving Uganda’s Spatial Data Infrastructure

To Be More Responsive to Key Partners and Clients Demand for Greater Accountability Opportunities Provided by New Technologies Electronic Exchange of Data and Information Efficiency benefits include:

Maximizing use, Avoiding duplication, fraud and illegal transactions, Maximum integration of data, Better public/private sector decision making Better custodianship of records Equitable access to land information for all

Uganda Land Information System

A wide concept Delimitation

Information for land administration; i.e. information on land rights, land use and land value

The design, development and of an LIS in Uganda should be phased

Priority 1: Information on land rights Priority 2: Information on land value Priority 3: Information on land use

The principle of different layers

....................

Chartered company

Joint Management Board

Water Protection Board

Utility Company

EPA

Planning Authority

Land registration Authority

Mapping Agency

Resource Management

Cultural Protection Board

....................

Resource exploitation

Collective land rights

Water protection

Utilities

Environmental protection

Land use planning

Land property

Topography

Natural resources

Cultural objects

StakeholdersTopics Layers

Land objects

Land parcelMailo•Parcel ID•Parcel address•Parcel name•Area•History

Land parcelFreeholdParcel ID•Parcel address•Parcel name•Area•History

Land parcelLeasehold•Parcel ID•Parcel address•Parcel name•Leasehold term•Leasehold fee•Area•History

Land parcelCustomary•Parcel ID•Parcel address•Parcel name•Area•History

Vertical parcel

•Parcel ID•Parcel address•Parcel name•Area•History

Encumbrances•Encumbrance ID•Encumbrance type•Encumbrance owner•Date of establishment

Mortgages•Mortgage ID•Amount•Mortgage holder•Priority•Date of establishment

Other Sub-Component activities Re-establishment of Geodetic controls, densification and correction

of overlapping surveys

Legal –aid for adjudicating land rights prior to systematic demarcation and upgrading of un-surveyed Mailo Titles – using an NGO advocacy firm

Government Land Inventory, Demarcation ,Surveying and Registration.

Training Needs Assessment and Human Resource Development for the Land Sector – skills required to sustain the new land services delivery paradigm

IEC for policies, laws and activities of the project -

Harmonization of overlapping surveys

UTM Class of Control Points 1970 Number of PointsPrimary -- 130 Secondary Points -------------650 Tertiary Points -----------------950

Arua District:4,900 km2 Primary points -----------------4 Secondary points-------------12 Tertiary points-----------------40

Major causes of overlapping surveys

Major causes of Overlaps- Lack of Control Desk Surveys Assumed data and planning Unethical behavior Political Interference

Ps: Assessment of the magnitude and workload required to correct overlaps has just been completed.

Status update by sub-component

LIS and Registry Modernization – Oct. 2006 Funding for continuation of records rehabilitation, storage improvements

and existing staff training by PSCP-II has been approved and planned for early November start.

Construction of LIS Center – site selected. LIS Consulting firm to develop a preliminary design and specifications for procurement and implementation of the LIS

Construction of Archival Center – site selected, Construction/Renovation of 19 District Offices – sites and MOUs to

dedicate each facility to Lands to ensure sustainability. Rehabilitation of the School of Surveying and Land Management –

started with 2 dormitories completed

LIS and Registry Rehabilitation- program will install, train and pilot LIS over two years, and LIS Roll-out to include 8 more districts over 3 years

Inventory of Government Land

An up to-date inventory of government land, surveyed and registered.

Excess and unnecessary government land identified made available for use by communities and investors.

Assessment of workload has been completed and reports submitted for evaluation.

Revision & Drafting of Land Related Laws

Purpose:1. Revise and harmonize existing laws (including the

Survey Act) with the new Land Act

2. Draft new laws and regulations for LIS, Estate Agents and Archiving of Land Records

3. Conduct public/stakeholder dialogue/consultations

4. Conduct sensitization workshops (target groups and national) to ensure promulgation of laws.

Human Resource Development -TNA

Bank approval of TORs granted in June Evaluation of technical & financial proposals

completed July 13, 2006 Inception report accepted October 14, 2006 Land Registry staff training – Basic computing

and computerized registry operations -starting November 2006

Reopening the Survey School

Rehabilitation of 2 dormitories by Min. of Education completed in June 2006. Plans to admit 80 students in August 2006

using rented classroom space. Business Plan and Curriculum consultancy

started in mid October 2006 Governing board and interim staff confirmed by

Min. of Education.PSCP-II funding to rehabilitate and retool the

school available.

Information, Public Education and Communication – IEC Strategy

Consultancy to develop overall IEC strategy and sensitization program for the project initiated in September 2006. Sub-component activity specific IEC plans to be

developed and utilized strategically. Strategy development to be completed in 6

months from date of contract.

Systematic Demarcation

Piloting SD and workload assessment currently underway.

Assessment results to be reviewed at Nov. 13-14 Technical workshop.

Development of TORs for full scale Systematic Demarcation Pilots to start 20 weeks after acceptance of Assessment report by the Bank.

Harmonization of overlapping surveys

Assessment of workload under the supervision of the Commissioner for Lands and Surveys completed in Oct.

Assessment results to be reviewed at the Nov 13-14, technical workshop

TORs for full scale restoration of geodetic controls and harmonization of overlapping surveys to start 24 weeks after acceptance of assessment report by the Bank.

Overall Benefits of Improving Uganda’s Spatial Data Infrastructure

To Be More Responsive to Key Partners and Clients Demand for Greater Accountability Opportunities Provided by New Technologies Electronic Exchange of Data and Information Efficiency benefits include:

Maximizing use, Avoiding duplication, fraud and illegal transactions, Maximum integration of data, Better public/private sector decision making Better custodianship of records Equitable access to land information for all

Remaining Challenges:

1. Conceptual Issues to be resolved

Data are incomplete and not easily accessible, Not up-to-date and lack documentation on their accuracy and reliability

Fear of Computers: Lack of leadership or senior management support for conversion to full computerization

Failure to identify the full implementation cost , Insufficient or inappropriate expertise and experience

Reliance on experts and technology to dictate sector processes, instead of facilitating and supporting the organization’s information needs.

5. New system for Property Identification necessary in Uganda

District County Sub-county Township Parish Village/quarter of a town Block Plot

•Legislation must make it mandatory to follow cadastral division whenchanging administrativeDivision

•When cadastral boundaries are changed, the administrative division should follow.

2. Management Procedures

Central level; responsibilities for developing, maintaining and operating technical solutions (in-house capacity development or out-sourcing)

District level capacity deficit; responsibilities land services and for up-dating and information management.

Central OfficeCentral Office

Central Database

District OfficeDistrict Office

3. Information/ Data Security

Standard on information security includes:

1. Business Continuity Planning 2. System Access Control 3. System Development and Maintenance 4. Physical and Environmental Security 5. Compliance 6. Personnel integrity 7. Security organisation 8. Computer and Network Management 9. Asset Classification and Control10. Security Policy

Information Security Policy/ Guidelines

Legal Requirements

Organization

Personnel Security

Asset Control Inventory

Incident HandlingReporting & Following-up

System Development&

Maintenance

Physical Security

ContingencyPlanning

Software Security

Access Control SystemUser Roles &

Privileges

Hardware Security

Data CommunicationNetworking