Land Sector Working Paper - Appendix B June 2011 - Fonerwa
←
→
Page content transcription
If your browser does not render page correctly, please read the page content below
Land Sector Working Paper Appendix B June 2011
Editor Megan Cole
megan.cole@smithschool.ox.ac.uk
Authors Dr Mathew Warnest
mathew.warnest@gmail.com
Ryan Hogarth (finance)
ryan.hogarth@smithschool.ox.ac.uk
Government Counterparts Dr Emmanuel Nkurunziza
enziza2001@yahoo.com
Didier Giscard Sagashya
didier.giscard@yahoo.fr
Photography by Megan Cole and Mathew Warnest
This document is an output from a project funded by the UK Department for International Development (DFID) for
the benefit of developing countries. However, the views expressed and information contained in it are not
necessarily those of or endorsed by DFID or the members of the Climate and Development Knowledge Network*,
which can accept no responsibility or liability for such views, completeness or accuracy of the information or for
any reliance placed on them.
*The Climate and Development Knowledge Network ("CDKN") is funded by the Department for International
Development and the Dutch Ministry of Foreign Affairs and is led and administered by PricewaterhouseCoopers
LLP. PricewaterhouseCoopers LLP is assisted in the management of CDKN by an alliance of organisations
comprising the Overseas Development Institute, Fundacion Futuro Latinoamericano, South-South-North, LEAD
International, and INTRAC.
Smith School of Enterprise and the Environment
University of Oxford
Hayes House
75 George Street
Oxford OX1 2BQ
United Kingdom
www.smithschool.ox.ac.uk
Smith School of Enterprise and the Environment
Executive Summary
Executive Summary
Land
“Achieving optimal use of Rwanda’s most limited land resource
through integrated approach to national planning, sustainable land use
management and improved information management”
This paper is one of nine sector working papers instigating a robust integrated framework for
written as part of the process of developing a development planning and sustainable land
National Strategy on Climate Change and Low management – improved land information
Carbon Development for Rwanda. It follows on from management is essential. With land tenure comes
the Baseline Report produced in February 2011 responsibility to manage the land in accordance to
which provides the local context for each sector, planning codes and the economic incentive to
including current programmes and development improve the asset.
plans. This paper focuses on Land Use Increased competition for land resource will
Management and Planning while the other working continue to grow with increased pressures from
papers cover Energy, Water, Agriculture, Forestry, intensive agriculture and livestock. Encroachment
Transport, Built Environment, Mining and Finance. on sensitive areas persists until land reforms are
The paper should be read in conjunction with the completed. Poor or limited access to land and
‘thinkpiece’ which proposes the Strategic productive arable lands contributes to urbanisation.
Framework including a vision for 2050, objectives, Industrialisation further competes for the limited
guiding principles and enabling pillars. The aim of land resource. As the labour force shifts from
each paper is to identify the vulnerabilities and subsistence agriculture to processing and
opportunities facing the sector, to review global best manufacturing roles, the land demand for housing
practice and relevant case studies, and to propose changes. Higher density urban development will
an action plan for addressing climate change and become increasingly necessary.
low carbon development in the short, medium and
If the changing demands and use of land is not
long term. This action plan is put forward to
managed by a rigorous planning and zoning
stakeholders in Rwanda for review and comment.
regulatory framework, impacts in real terms are
As the title suggests, the working papers are aimed
escalated uncontrolled development, increased
at prompting discussion with stakeholders, rather
energy demand and emissions, inefficient transport
than being the final word. The sector working
systems, over-burdened water and sanitation
papers, thinkpiece and stakeholder input will be
s y s t e m s l e a d i n g t o re d u c e d l i v e l i h o o d s ,
used to compose the final Strategy in July 2011.
environmental degradation, continued loss of
Realising adaptation to climate change and biodiversity, food insecurity, poor air quality, and
achieving a low carbon growth path is rooted in health impacts. A Vision of Land Use Planning and
achieving land tenure (ownership) security and Management in 2050 is proposed in box 1.
Smith School of Enterprise and the Environment i
Executive Summary
Box 1: Land Management and Planning Vision 205
50
- Rwanda is renowned globally for its Green - Communities are informed of local hazards and
Economic development success whilst preserving maintain event readiness through practised
its natural and cultural heritage. community and household disaster management
- Land and Planning Framework that achieves plans tailored to individual communities.
optimal land use and promotes land improvement - Spatial information supports health care planning,
and protection of biodiversity. CENSUS, decision making of government and is
- Environmental Management Plans under EIA accessible by private sector and individuals.
process are monitored and enforced. - Information sharing and access policy promotes
- Strategic Environmental Assessment plans applied efficient Government, that makes decisions on the
to key development zones, such as industrial best and most complete information available
parks, agricultural zones, tourism zones, national whilst preserving individual rights to privacy.
parks, and major projects. - Farmers and districts understand their
- An Active Land Market supports economic growth, responsibilities for sustainable land management
investment, and wealth creation. practices with improved land husbandry.
- Modern land tenure system supports land valuation - Soil erosion and land degradation overcome
and property revenue systems at the district level. through improved land husbandry and
Revenue supports GIS based integrated planning, maintenance of hillside region interventions such
hazard mapping, community based NRM and as radical terracing, trenching, progressive
planning. terracing and aforestation.
- Formalised Land Tenure allows the greater - Early investment in infrastructure and planning in
population access to credit mechanisms, transport, energy and sanitation, enables the City
supporting land improvement of Kigali and regional settlements to grow and
prosper maintaining cultural and natural heritage.
- A vibrant financial services sector through secure
land tenure and active land market promotes - Rwanda’s urban environs are healthy and
investment. productive centres for commerce and trade.
- National Spatial Data Infrastructure provides - Over 25 million Rwandan’s enjoy an improved
detailed mapping and monitoring of land use and livelihood and have greater access to employment,
land use change, supporting integrated planning, heath care, education, and wealth creation.
part of national ICT.
- National Spatial Data Infrastructure supports
national and district hazard mapping, early warning
system of active sensors, and future modelling and
disaster mitigation.
The vision targets are provided as a guide to assist framing the climate change and low carbon
planners and administrators to consider how development policies and guide the short, medium
Rwanda will get from where it is at now to where it and long term action agenda.
aims to be in 2050 when it surpasses middle The recent promulgation by Cabinet of the
income country (MIC) status supporting a National Land Use and Development Master Plan
knowledge-based economy, market-based and associated land use legislation is an important
agriculture, and progressive green industry. The step in establishing a robust framework for
2050 vision statements are principle ideals that will integrated land use planning. Land regularisation
ii Smith School of Enterprise and the Environment
Executive Summary
through titling is expected to be completed in one of land will lead to increased potential for conflict in
to two years. Priority now is the preparation of the future. Uncontrolled land use change will lead to
detailed District Development Plans, preparation of further loss of Rwanda’s unique natural and cultural
the Urban Development Plan and Area Action heritage. Ultimately, optimal land use is not
Plans, together with continued regulatory reforms achieved, impacting Rwanda’s development and
and development of capacity to support the growth potential. Rwanda is now making positive
planning and zoning framework. Without formal headway in addressing sound management of its
Land
land arrangements, limited access to credit most limited resource.
contributes to a poverty “lock”. Unequal distribution
Smith School of Enterprise and the Environment iii
Executive Summary iv Smith School of Enterprise and the Environment
Contents
Contents
Land
Executive Summary i
Acronyms and Abbreviations vii
1. Introduction 1
2. Baseline 3
2.1 National and District Planning 3
2.2 Integrated Approach to Sustainable Land Management 4
2.3 Land Tenure System and Regularisation 5
2.4 Agricultural Land Use Consolidation 6
2.5 Geographic Information Systems Support 6
2.6 National Spatial Data Infrastructure 6
2.7 Land and Property Transactions 8
2.8 Human Resources and Capacity 9
2.9 Capacity Issues at District Level 9
2.10 IT Capacity 10
2.11 Land Professionals: Land Surveying and Valuation 10
3. Vulnerabilities 13
4. Opportunities 15
5. Sectoral Overlaps 17
6. Focus Areas 19
7. Review of Best Practice 21
7.1 Case study: Indonesia 21
7.2 Case study: Lao PDR 23
8. Analysis of Options 27
8.1 Partnerships between National Agencies and Government 27
8.2 Development of National Spatial Data Infrastructure 27
8.3 Integrated Land Information System 28
8.4 Standards for data, survey and mapping 29
8.5 Privacy, security and access to information 31
Smith School of Enterprise and the Environment v
Contents
9. Action Plan 33
9.1 Proposed actions 33
9.2 Options 33
9.3 Action Plan 35
9.4 Roadmap 36
10. Climate Finance 37
11. Summary 39
References 41
10.
vi Smith School of Enterprise and the Environment
Acronyms and Abbreviations
Acronyms and Abbreviations
Land
BTC Belgian Technical Cooperation KIST Kigali Institute for Science and Technology
CGIAR Consultative Group on International KWAMP Kirehe Community-Based Watershed
Agricultural Research Management
CGIS-NUR Centre for GIS and Remote Sensing of the LAS Land Administration System
National University of Rwanda
LIS Land Information System
DFID UK Department for International
LTR Land Tenure Regularisation
Development
LVBC Lake Victoria Basin Commission
DRC Democratic Republic of Congo
LWH Land Husbandry, Water Harvesting and
EIA Environmental Impact Assessment
Hillside Irrigation Water Project of the World
EWSA Energy, Water and Sanitation Authority Bank
FAO Food and Agriculture Organisation MINAGRI Ministry of Agriculture
GEF Global Environment Facility MINECOFIN Ministry of Finance and Economic Planning
GIS Geographic Information System MINICOM Ministry of Commerce
GIZ German International Cooperation MINIRENA Ministry of Natural Resources
GoR Government of Rwanda NBI Nile Basin Initiative
GPS Global Positioning System NELSAP Nile and Equatorial Lakes Subsidiary Action
ICT Information and Communication Plan
Technology NISR National Institute of Statistics of Rwanda
IFAD International Fund for Agricultural NLC National Land Centre (now the Department
Development of Lands and Mapping under RNRA)
IFC International Finance Corporation NUR National University of Rwanda
ISAR Institut des Sciences Agronomiques du PSTA II Strategic Plan for the Transformation of
Rwanda Agriculture in Rwanda - Phase II
ISNAR International Service for National RADA Rwanda Agricultural Development Agency
Agriculture Research
RBS Rwanda Bureau of Standards
IISD International Institute for Sustainable
RDB Rwanda Development Board
Development
REMA Rwanda Environment Management
IWRM Integrated Water Resource Management
Authority
Kagera-TAMPTransboundary Agro-ecosystem
RHODA Rwanda Horticulture Development
Management Programme for the Kagera
Authority
River Basin
RITA Rwanda Information Technology Authority
Smith School of Enterprise and the Environment vii
Acronyms and Abbreviations
RNRA Rwanda Natural Resources Authority UN-ECE United Nations Economic Commission for
SDI Spatial Data Infrastructure Europe
SIDA Swedish International Development Agency UNEP United Nations Environment Programme
UK United Kingdom US United States
UNECA United Nations Economic Commission for USAID United States Agency for International
Africa Development
WB World Bank
viii Smith School of Enterprise and the EnvironmentChapter 1
Introduction
Land
This paper is one of nine sector working papers decades to come, in consideration of an 18% urban
written as part of the process of developing a population increasing at a rate of 4.2%. It is
National Strategy on Climate Change and Low expected that over 50% of the population will be
Carbon Development for Rwanda. It follows on from urban dwelling by 2020.
the Baseline Report produced in February 2011 Competition lies in renewed priorities for
which provides the local context for each sector, intensive agriculture, commercial and industrial
including current programmes and development development, rapid urbanisation, agroforestry and
plans. This paper focuses on Land Use biomass demand, expansion of mining activity, and
Management and Planning while the other working greater recognition of the need to protect Rwanda’s
papers cover Energy, Water, Agriculture, Forestry, regionally and internationally significant ecosystems
Transport, Built Environment, Mining and Finance. including wetlands, the volcanoes national park,
The paper should be read in conjunction with the and remnant montane forests.
‘thinkpiece’ which proposes the Strategic
High density leads to high fragmentation of land
Framework including a vision for 2050, objectives,
holdings. The majority of the land has been under
guiding principles and enabling pillars. The aim of
small holdings with the national average land parcel
each paper is to identify the vulnerabilities and
size of 0.35ha. It had been earlier estimated that
opportunities facing the sector, to review global best
over 8 million land parcels are available in the
practice and relevant case studies, and to propose
country for just 10 million people. The number has
an action plan for addressing climate change and
since been revised throughout the continued Land
low carbon development in the short, medium and
Tenure Regularisation efforts, with figures up to 12
long term. This action plan is put forward to
million possible, partially attributed to landholders
stakeholders in Rwanda for review and comment.
move to endow land to children and family
As the title suggests, the working papers are aimed
members prior to demarcation and improved data
at prompting discussion with stakeholders, rather
on fragmentation in the districts. Given the
than being the final word. The sector working
fragmentation, assembling land for intensive
papers, thinkpiece and stakeholder input will be
agriculture, industry and business development is
used to compose the final Strategy in July 2011.
likely to be relatively difficult and costly.
Rwanda has a very limited land resource.
The lack of clear and stable land use planning
Attributed to the high population density, land is
and zoning regulation in Rwanda has restricted the
scarce with high competition for land use
ability of district authorities to plan for a sustainable
experienced throughout the country. The land area
future that protects environmental, social and
of Rwanda is just 24,688km2 with 45.6% arable
economic needs and ambitions of the community.
lands, 10.3% permanent crops, and 44.2% other
National spatial planning is now being addressed by
use. Competition for land is likely to intensify in the
the introduction of the National Land Use and
Smith School of Enterprise and the Environment 1Chapter 1
Development Master Plan. The master plan now Until recently, the majority of land in Rwanda
requires implementation by land related authorities was un-demarcated, un-registered and thus not
and subsequent preparation of detailed district ready for formal transaction. The majority of lands
plans that will dovetail the master plan. Draft Law of held were informal or under customary individual
2010 supporting National Land Use and ownership and remained largely undocumented
Development Planning System must now be according to government statistics. The lack of
promulgated. established and reliable titles had greatly increased
The explanatory notes of the National Land Use the risk of private transactions. The land tenure
and Development Master Plan by SwedeSurvey in regularisation programme that commenced in 2005
2009 call for increased development of the detailed is now making strong headway in addressing the
planning process within local authorities, capacity need to formalise ownership. For the land that has
development of planning officers, and greater use records, it is for the most part recorded in the
and exploitation of GIS in the planning process. existing paper-based system that in its present
Currently, within the District Development Plans format is unable to provide a complete view of all
(DDP), existing conditions are listed in table format, ownerships and their geographic location, thus
where as a spatial representation would be far more making it difficult for planners or investors to identify
meaningful. Issues such as urbanisation are not available lands for development. Planners and
addressed in the 30 DDPs and the opportunity to administrators of land are effectively blind,
encourage rural urban centres/regional cities is restricting their ability to quickly make decisions
being lost. based on multiple interests on land, to consider
environmental scenarios, or to readily identify
The demographic data for the districts is
current use or the responsible authority in control.
inadequate. Instruments such as the Rwandan Until the land information is made electronic and in
Household Living Conditions Survey (EICV) and
a usable format, competing interests in land will go
other census data should be integrated and refined
unchecked and land use demarcation will remain
to the socio-economic conditions within each
problematic. Optimal land use will not be achieved
district. Agriculture data for the districts is also
and encroachment on sensitive areas will continue.
inadequate. Agriculture is a primary economic driver
in Rwanda and has an important influence for the In order to help overcome problems in identifying
rural areas of the districts. However, the analysis of available land in the meantime (prior to the
agricultural capabilities of each district is not well completion of titling and land system
developed. Specific data on the existing agriculture modernisation), the GoR has moved to allocate
production and agro-ecological/economic potential areas for development such as the Special
should be included in the analysis of land use Economic Zones for commercial and industrial
planning and expenditures. development and agricultural lands earmarked for
land consolidation and intensive cropping.
2 Smith School of Enterprise and the EnvironmentChapter 2
Baseline
Land
From primary data, field research and interviews, framework include the preparation of the Urban
a Baseline Report was completed in January 2011. Development Plan and the Area Action Plan. Until
Findings from the study are summarised below. now, there has been little opportunity for national
2.1 National and District Planning and district authorities to adequately plan for, and
monitor, a new course, or vision, of development
Given such a limited land resource, perhaps the
and growth within their respective communities.
most important national priority is to ensure a
Thus, it has remained difficult for environmental and
sound, integrated and participatory approach to
natural resource management priorities to be
planning, zoning and land development approvals.
assessed against the growing activities of
In response, the Rwanda Natural Resources
agriculture, industry, mining and urbanisation.
Authority (RNRA), Department of Lands and
Changes in land use or development approvals
Mapping have prepared the National Land Use and
remained a largely ad-hoc process.
Development Master Plan with the assistance of
Swedish consultancy firm SwedeSurvey. The The City of Kigali (KCC) has prepared a robust
national master plan, approved by Cabinet on the Conceptual Master Plan with assistance of United
19th January 2011, sets the national scale plan of States based firm OZ Architecture in 2006-07
current and future planned land use activities and (approved by Parliament in 2008). In addition, KCC
priorities across the country. The master plan sets commissioned OZ to complete four Sub Area Plans
the framework for local authorities to prepare more (2 in Gasabo District and 2 in Kicukiro District) with
detailed district plans to establish zoning for building guidance for detailed sub district planning. KCC
and construction, agricultural development, urban together with Nyarugenge District (location of the
centres and conservation areas. The plan features CBD area) engaged Singaporean firm Surbana in
management strategies for ecosystems, population 2008-09 to develop a 2030 Vision for the CBD.
distribution and development of networks for rural Considerations of climate change and low carbon
and urban settlements, social services and growth will have an impact on the proposed plan
infrastructure, and conservation of protected areas and will need to be assessed in terms of transport
such as wetlands. Figure 1 illustrates the overview options, energy use, planned infrastructure and
of Directives for Sustainable Land Use Planning environmental impacts at the National and District
map as part of the overall National Land Use and levels.
Development Master Plan. To the extent District plans exist today, many,
In addition to the master plan, draft laws relating particularly in the rural districts now require updating
to land usage and development were also approved in relation to National Land Use and Development
in January 2011. The next tasks in line with the Master Plan. Without generally applicable land use
Department of Lands and Mappings’ efforts to plans all industrial development has in the past
establish a comprehensive national planning been addressed on an ad-hoc basis and there is an
Smith School of Enterprise and the Environment 3Chapter 2
understandable reluctance to approve industrial interests must be promoted within the overall land
uses in the absence of sound land use planning. policy frame, taking into account other important
For example, the existing Gikondo industrial zone, social and environmental objectives. Sustainable
now under a relocation program, was established land management is a priority of IWRM (Integrated
entirely in a sensitive wetland area. It is perhaps an Water Resource Management) related programs for
object lesson in what can happen in the absence of the transboundary basins including the Kagera and
an integrated approach to land use planning (the Congo basins with targets for prevention of land
intended National Planning system is illustrated in degradation and soil erosion and nutrient
figure 2). replacement. For these activities to succeed,
2.2 Integrated Approach to Sustainable Land establishing the current land use and responsible
Management authority is necessary. There are three main
categories of land type which are important to
The National Environmental Policy and the understand in approaching sustainable land
Organic Land Law address the need for principles
management and land use change:
of sustainable land management. Any land policies
and procedures designed must aim to support both - Public Land – land held and occupied by the
efficient and sustainable use of land. Business national and sub-national governments and
Figure 1: National Land Use and Development Master Plan[1]
4 Smith School of Enterprise and the EnvironmentChapter 2
their respective instrumentalities and used for integrate with for example; socio-economic data, or
public purposes only, e.g. roadways and soils, agricultural or environmental datasets.
government buildings. 2.3 Land Tenure System and Regularisation
- Private Land – land held by national and sub-
The approach to land tenure varies from country
national governments and their respective
to country. In Rwanda, it includes forms of freehold
instrumentalities but are made available for
tenure, state leasehold and community-based
private use.
tenure (legally recognised indigenous tenure and
Land
- Individual Land – land held and occupied by community-based). Improper land use and
citizens and legal entities under some form of management systems lead to erosion and
private tenure, including ownership and long deteriorating land quality, while rural productivity
term lease. Individual land includes both remains at low subsistence levels. Any agricultural
statutory and customary forms of tenure. t r a n s f o r m a t i o n e ff o r t s t o o v e rc o m e l a n d
Ideally, land use and ownership maps (detailing fragmentation have to deal with land reforms, with
the above land classifications) would be available to both redistributive reforms and land tenure reforms
enable planners and policy makers to readily identify to make sure that the population (both men and
land managers, owners, and users. However, until women) enjoy the same rights on land, to improve
land regularisation is completed this information the value of the land, to promote investment and to
remains mostly paper based, and difficult to contribute to sustainable land use and
management.
Figure 2: National Spatial Planning and District Land Use Planning in Rwanda[2]
Smith School of Enterprise and the Environment 5Chapter 2
Land reform is an engine of development and more connected to markets. The results have been
plays an important role in enhancing peace, stability substantial and are the main catalyst behind the
and equality if undertaken in a participatory and current levels of high growth. Such productivity
orderly manner, and plays an important role in the increases have enabled Rwanda to move away
process of poverty reduction. Land formalisation from being a country considered to be food
allows access to credit (against the land), insecure.
encourages land improvement, enables efficient 2.5 Geographic Information System (GIS)
collection of property revenue via district taxes and Support
transfer fees, and in turn, enables government
At present, land information in Rwanda is
authorities to fund and action sound land
segmented, scattered across different ministries
management practices and undertake detailed
and agencies. Sharing information is difficult whilst
planning.
data remains mostly paper based. There is an
Land tenure regularisation has expanded to all emerging understanding in Rwanda of the potential
30 districts. At end of November 2010, about 3.2 benefits of an integrated, multi-purposed Land
million parcels had been demarcated and Information System (LIS) supported by available ICT
adjudicated with title – 41% of the projected 7.9 and GIS technology. A number of key initiatives are
million parcels in the whole country. More than 91% underway by the GoR, including the National Land
of parcels have been completed for Kigali City. All Tenure Reform Programme and Land Tenure
three central districts of Kigali are expected to be Regularisation (LTR) Programme, the Land
completed and cover at least 50% of the remaining Administration Information System, and preparation
27 districts by June 2011. The remaining parcels of the National Land Use and Development Master
should be completed by June 2012. Kirehe district Plan.
is now almost complete (in terms of demarcation
These are important building blocks of a viable
and adjudication) having received additional
LIS to aid land use management. The potential is for
assistance to accelerate titling through the
GIS-enabled monitoring of environment: climate,
community watershed management KWAMP
water, soils, agriculture, and integrated planning
program. Title issuance is expected to be
completed by June 2011. Until recently, several utilising the national framework GIS datasets as a
backdrop as part of a national Rwanda Spatial Data
western districts were progressing slowly due to a
Infrastructure (RSDI). This will enable consistency
lack of aerial photography. Updated detailed
and harmonisation of sectoral data for accurate and
imagery is essential for efficient land identification
detailed modelling of cross-sector trends and
and demarcation. More than 95% of Rwanda has
b e e n c a p t u re d b y h i g h re s o l u t i o n a e r i a l impacts. Regional data can also be introduced to
obtain a view of entire catchments, to plan for
photography, an important resource/tool for
potential hazards, or assist in weather forecasting.
determining land use, and land use change, and for
Incorporating health and demographic data, placing
the monitoring of ecosystems.
social trends in a spatial context, can greatly
2.4 Agricultural Land Use Consolidation enhance the optimal placement of services. Real
Agricultural intensification efforts under CIP have time sensor data can also be incorporated for early
enabled farmers to take more profits at market and warning and decision support systems.
increase their yield. Land use consolidation, 2.6 National Spatial Data Infrastructure (SDI)
focusing production of particular crops in
In 2007, a pilot project was sponsored by the
designated areas, has enabled farmers to
consolidate efforts and work together, with Global Spatial Data Infrastructure Association
(GSDI) at the Centre for Geographic Information
cooperatives, to produce higher amounts and be
Systems and Remote Sensing Centre of the
6 Smith School of Enterprise and the EnvironmentChapter 2
National University of Rwanda (CGIS-NUR). The aim 4. The 4th NICI Plan (2016 to 2020)
of this project is to accomplish a geodata inventory - Goal: To consolidate the process towards
representing the spatial data holdings of CGIS- achieving a middle-income status and an
NUR, establish a sample web mapping service and information-rich knowledge-based society and
upload the gathered information to a Geo-portal economy.
(refer Figure 3 below).
As far as SDI development in concerned, the
Although the initial focus was narrowed down to NICI plans are largely still restricted to the promotion
Land
CGIS-NUR, the overall goal is to facilitate the and exploitation of GIS within sectors rather than
development of NSDI in Rwanda. The project building a national shared land information platform.
helped to raise awareness within the National Now that the Land Tenure Regularisation
University of Rwanda (NUR) and contributed to the programme is nearing completion, it is timely that
establishment of an NSDI plans a part of National efforts are focussed towards improvement of land
Information and Communication Infrastructure (NICI) information across government, establishment of a
Plan in Rwanda. However, full realisation of Rwanda information sharing and access policy, and notably
SDI is yet to be achieved. A renewed effort and development of Rwanda SDI. Responsibility for SDI
development of a National SDI strategy is now development is with Government to assert
required. appropriate management of the key national
The Government of Rwanda is implementing datasets, however there is much opportunity for the
four 5 year National Information and private sector and academia to assist development
Communications Infrastructure (NICI) Plans, (1st, and create tools and platforms to exploit the
2nd, 3rd and 4th NICI) over the 20 year time span datasets, in addition to training and capacity
of the Vision 2020 socio-economic development building especially at the District levels.
programme. The individual time span and goals of Land regularisation efforts have been re-
each of the successive NICI plans are: invigorated in 2010 through multi-donor assistance.
1. The 1st NICI Plan (2001 to 2005) Current targets set completion of the City of Kigali’s
- Goal: To support the development of an three districts early in 2011 (already over 91%
economic base and environment for complete) and full regularisation is set to be
accelerated growth and development achieved by mid-2012. Figure 4 illustrates progress
towards transforming Rwanda into an of the Land Tenure Regularisation (LTR) programme
information-rich knowledge-based society up to the end of February 2011.
and economy. The agricultural land use consolidation is
2. The 2nd NICI Plan (2006 to 2010) supported by Cabinet decree (March 2010) to
address land fragmentation and to allow farmers to
- Goal: To support the strengthening of the
work in cooperative arrangements to optimise land
economic base and improving the economic
use and market potential through increased
environment to accelerate development and
production. Furthermore, the area of marshlands to
growth towards achieving an information-rich
be reclaimed is to increase by 2012 to 30,000 ha
knowledge-based society and economy.
for agricultural use which increases the production
3. The 3rd NICI Plan (2011 to 2015) potential of farmer’s across the nation. About 81%
- Goal: To facilitate the process of sustaining of arable land is now sustainably managed against
economic development and growth towards soil erosion which substantially exceeds the
improving national prosperity and global EDPRS/CPAF target for 2009/2010.
competitiveness
Smith School of Enterprise and the Environment 7Chapter 2
Figure 3: Prototype Geoportal at CGIS-NUR: Metadata of Key National Datasets Available[3]
2.7 Land and Property Transactions persons. It then becomes "individual land". It is
In an effort to ease doing business, the leased, for up to 99 years, through a lease contract
gover nment of Rwanda with the Rwanda and against payment of an annual lease fee. The
Development Board (RDB), with support of the One lessee can obtain an ownership certificate by paying
United Nations programme, and UNCTAD, have at once 10 years of lease fee and by constructing a
developed the e-Regulations Web portal, the portal building on the land (or by improving/exploiting it
details the Rwandan system of land and the conforming to its intended use). Land rights can be
processes of land acquisition and transfer and transmitted (through sale, donation or inheritance).
required instruments – available at http:// Individual land customarily owned before the 2005
rwanda.eregulations.org/. The e-Regulations portal law can be registered under the new law. A
also expects to publish procedures for acquisition of summary of the main transactions of land tenure in
Private State land and Private City of Kigali. Rwanda is provided in table 2.
The Rwanda land system is defined by the There is much potential to enrich the e-
Organic Land Law of 2005. No difference is made Regulations portal through geographic display of
between nationals and foreign investors. All land land availability, land use and restrictions. Interactive
belongs to public entities: the State, the Cities and GIS would enable current and prospective land
the Districts. "Public land" is reserved for public use holders to understand their rights and obligations in
or for environmental protection. land management.
"Private land" can be allocated by its public
owners (State, Cities and District) to natural or legal
8 Smith School of Enterprise and the EnvironmentChapter 2
Land
Figure 4: Land Tenure Regularisation progress to end February 2011[4]
2.8 Human Resources and Capacity 2.9 Capacity Issues at District Level
The institutional and human resource capacity The human resource constraints seem to be the
remains a challenge to the success of implementing most serious at the district level where land bureaus
the planned land reforms. Rebuilding the training will continue to be one of the key components of
and education sector to supply the much needed the land administration system and are essentially
professionals is crucial to Rwanda’s success. the front line agency for most land-related functions.
Rwanda’s public sector benefits from a young and Their activities include the majority of administrative
dynamic workforce, but there is a shortage of these approvals in land dealings and transactions such as
skilled professionals with much competition for their approval of applications for Deed Plan, Lease
services from private sector. In the government Contract, and Lease Title Certificates. District land
agencies and district level offices observed, new officers are responsible for district planning, and
graduates tended to hold positions for 1-2 years zoning, approval of Construction Permits and
before rotation or being lured by attractive salaries Occupation Permits, through to approval of
within the private sector. Senior administrators have applications for full Land Title. These duties and the
few years of experience and, if very good, are assigned time to approve are detailed in the internal
frequently rotated throughout the public service to GoR Client Charter.
assist priority areas of government. Retention of District land offices are limited in their staffing of
organisational knowledge and skills-base is 10-15 in central urban districts and down to 3-5
constantly being eroded by this dynamic workforce staff in rural districts. District staff is usually first or
that impacts continuity of long term reforms such as second year graduates of planning and engineering
land.
Smith School of Enterprise and the Environment 9Chapter 2
Table 2: Summary of Property Transaction Processes in Rwanda[5]
Transaction Description
Register individual "Individual land" refers to land held and occupied by citizens and legal entities under some form of
land in Kigali private tenure: customary occupation, long-term lease or ownership. Customary occupation is
made official by a "certificate of provisional land ownership", which must be transformed into one
of the two registration options recognised by the 2005 Land Law: ownership certificate or
leasehold certificate. A full ownership certificate is granted to leaseholders who pay 10 years of
lease at once and who have made tangible improvements to the land (fences, buildings, etc.).
Transfer of Rights to land may be transferred between individuals or they may be guaranteed through
individual land in succession; they may be donated, leased or sold; rights may also be mortgaged according to
Kigali requirements and procedures provided for by ordinary civil law without prejudice to specific
provisions of theorganic law.
Final transfer of rights on land like sale, donation or exchange by a representative of the family
requires the prior consent of all other members of the family who are joint owners of such rights.
Acquisition of Land can be acquired, and tenure rights obtained (lease contract or ownership certificate), for:
private district - Customarily held individual land
land (w/o - "Private land" owned by the State, the City of Kigali or the Districts not reserved for public use or
expropriation) nature preservation and available for "individual" tenure (contrary to "Public land").
education. District staff retention is poor with land offices. GIS skills were high at the Department
rotation of 1-2 years with staff entering private of Lands and Mapping and KCC, moderate to low
industry or identified for senior roles within the GoR. at central districts Nyarengenge, Gasabo, Kicukiro,
The breadth of duties and responsibilities of land low to absent at rural districts. Districts with special
officers is overwhelming, leading to imbalance in the regions been GIS enabled with NUR-CGIS or
demands for efficient processing of approvals and external assistance to piloting level only with GIS
due diligence. While remuneration within central not part of normal business activities. In all settings,
agencies is relatively high, in Districts, particularly further training and enhancement of the skills base
the rural areas, remuneration is not commensurate is required to fully utilise the equipment and
with the workload, responsibility and duties carried software available.
out by District Land Officers. Beyond the District 2.11 Land Professionals: Surveying and
resourcing, the LTR program is attempting to Valuation
address building the capacity of Sector and Cell
There is a lack of training programs for land
based land representatives on the land committees.
administration related roles in land management,
The Districts also provide support to the sub-
GIS, surveying, and valuation. The Department of
regions. GoR might consider reviewing District level
Lands and Mapping recognises education and
staffing and remuneration levels particularly within
training in different aspects of land administration
the land offices and reduce reliance on external
and management are required at different levels
contractors to fill the gap.
(professional, technical, clerical and administrative)
2.10 IT Capacity and through different formats to create central and
Information technological capacity at the national decentralised capacity to administer and manage
level observed was high with staff IT savvy, well land in accordance with the requirements of the
equipped with new computers in all offices visited, OLL. This will become more important as
and full software and antivirus installed with Internet professionals are needed to implement and guide
connectivity. GIS was observed in urban and rural the National Land Use Development Plan. At the
10 Smith School of Enterprise and the EnvironmentChapter 2
moment, training in land related disciplines is largely The Department of Lands and Mapping have
conducted on-the-job placing pressure on the few flagged plans to develop curricular in the fields of
senior staff and external assistance providers. land surveying, valuation and land administration.
Survey services are predominantly outsourced However, greater effort and support is now required
by the District Land Offices. There is an absence of to progress a structured degree-based program in
a recognised professional body of surveyors with conjunction with lead education providers such as
the NUR and Kigali Institute of Science and
Land
the industry unregulated by government or by
industry. There is no accreditation or professional Technology (KIST) where engineering based
training available for surveyors, planners or valuers programs could be extended to land based
within Rwanda. Recognised professional surveyors curricula. In the interim, the Department of Lands
are known by districts and land valuers listed by the and Mapping with education partners should
BNR (Central Bank). Only surveys undertaken by develop short courses on land administration and
recognised ‘known’ surveyors are accepted to land management, and GIS, and further develop its
support loan applications. Land officers also workshop programs. To address these needs in the
undertake some of the survey task in preparation of short-term, the NUR-CGIS have implemented a
final Deed Plans using the surveyors’ field data and short course and diploma program in the field of
undertaking civil works surveys. The risk of having land management and GIS. A selection of short (2-3
non-professionally trained surveyors (or para- week) courses are available on a commercial (fee for
surveyors) preparing land surveys is potential service) basis to professionals seeking training and
reduction in the integrity of land records, particularly a points based system for postgraduate certificate
in urban settings where achieving spatial accuracy or diploma accreditation over two to three years.
reduces potential for land disputes.
Smith School of Enterprise and the Environment 11Chapter 2 12 Smith School of Enterprise and the Environment
Chapter 3
Vulnerabilities
Land
From primary data, field research and interviews, sustainable land use management in Rwanda. A
a Baseline study was completed in January 2011. summary of the key findings are listed in Table 1
Findings from the study contributed to identifying below.
the key vulnerabilities to land use planning and
Table 1: Vulnerabilitties for Land Use Planning and Sustainable Land Use Management in Rwanda
Economic/ Land degradation, soil and fertility loss, land unavailable for productive use and development, un-
Finance planned settlements and urbanisation.
Social/Capacity Low access to land for production, low access to credit and opportunity for wealth creation,
sporadic development, settlement in high risk or sensitive areas.
Technology/ R&D Poor land use management decision making not based on adequate geo- information, unplanned
communities at risk of natural and man-made disaster.
Political Land not available for development, for individuals, imbalance of national priorities for land, low
confidence in governance.
Legal/ Institutional Low formalisation security of land ownership, inadequate land use planning and development
approval legislation.
Environment/ Land not allocated for environmental protection, encroachment on protected areas, biodiversity
Climate loss.
Communication/ Silo based land use management (i.e. industry, agriculture, forestry, water), District planning
Information capacity, lack of spatially (GIS) based decision making, lack of community sensitisation of land use
practices.
Smith School of Enterprise and the Environment 13Chapter 3 14 Smith School of Enterprise and the Environment
Chapter 4
Opportunities
Land
A summary of the key opportunities, based on
the baseline investigation, are provided in table 3
below.
Table 3: Opportunities ffor Land Use Management and Planning in Rwanda
Economic/ Finance Optimal land use achieved. Land available for growth, industry and agriculture. Sustainable
development. Vibrant land market and public revenue.
Social/Capacity Formalisation of tenure, security of land ownership, wealth creation and capital, confidence in
government, individual land improvement.
Technology/ R&D Demarcation of land tenure and use. Comprehensive geo-information used and shared
across sectors. GIS support national and district planning and decision making.
Political Land available for growth, investment, tenure security promoting growth and stability, revenue
generation to fund public service delivery.
Legal/ Institutional Integrated approach to land use development and planning, Organic law, environment law,
national and district planning and development codes and enforcement.
Environment/ Sustainable land use and environmentally sensitive development, protection of environment
Climate and biodiversity.
Communication/ National to District partnerships for delivery of services in planning, land use approvals.
Information District peer to peer experience sharing. Extension to Districts, farmers, and communities.
Smith School of Enterprise and the Environment 15Chapter 4 16 Smith School of Enterprise and the Environment
Chapter 5
Sectoral Overlaps
Land
The key sector and sub-sector areas of overlap
in authority, powers and responsibility are identified
in table 4 below.
Table 4: Sectoral Ove
erlaps
Economic/ Finance Economy, infrastructure, industry, energy, agriculture, built environment, transport.
Social/Capacity Land reform, regularisation, governance, education, economy, education, infrastructure,
industry, agriculture, built environment.
Technology/ R&D Planning, ICT, education and skills, disaster management, environment and climate.
Political Governance, Planning, ICT, economy, finance, industry, agriculture, built environment.
Legal/ Institutional Law, decrees, regulations, planning codes, enforcement.
Environment/ Development, urban and rural growth, agriculture, planning, Environmental monitoring and
Climate enforcement, energy, built environment, transport.
Communication/ Communication across all land users: agriculture, industry, water, infrastructure, transport,
Information forestry, environment tourism, housing.
5.1 Key stakeholders - Rwanda Natural Resources Authority
Guided by the National Land Policy and Organic (RNRA) (Law 53/2010 of 25/01/2011) -
Land Law, responsibility for land use planning and Establishing Rwanda Natural Resources
land administration is today divided among several Authority (RNRA) and determining its
agencies and levels of government as listed below mission, organisation, and functioning was
and illustrated in figure 5: recently promulgated to bring together the
functions of the previous National Land
- Ministry of Natural Resources (MINIRENA) is
Centre (NLC), the Office of Geology and
the direct supervisor of the Rwanda Natural
Mineral Resources (OGMR), the National
Resources Authority and has several
Forestry Authority (NAFA), and notably
important mandates in land matters under
functions of Water Resource Management
t h e O r g a n i c L a w. T h e M i n i s t r y i s
as new responsible Departments of RNRA
responsible for environmental compliance
and establishes the rules and procedures - Department of Lands and Mapping
for environmental impact review of land (formerly the National Land Centre), headed
development projects. by a Deputy Director General, is a
responsible agency of RNRA. It is the main
Smith School of Enterprise and the Environment 17Chapter 5
counterpart for the ongoing work of develop land use planning, the lack of
systematic land titling, development of the which is seriously impeding development of
national land information system, and Rwanda land markets and stagnating
development of the national spatial plan. sound urban and rural development.
The Department of Lands and Mapping has - National Land Commission is a high level
ongoing responsibility for management and land policy forum for the senior
maintenance of the land registry, which it stakeholders in government to consider
carries out through five provincial land proposed developments.
registrars and the district land bureaus, and
- District Government, the Mayors and
for oversight of leasing of state and district
District Councils (30) are responsible for day
private land.
to day implementation of land allocation
- Ministry of Agriculture (MINAGRI) is taking and development control policies.
an active role in development of agriculture
- District Land Bureaux, are the line agencies
and agribusiness, addressing land
responsible for implementing planning and
degradation, and addressing agricultural
development controls. They also serve as
land issues.
the district land registrar, providing
- Ministry of Infrastructure (MININFRA) has cadastral (survey and deed plans) and
responsibility, through its Department of registration functions.
Planning and Human Settlements, to
Figure 5: Organisation of Government Land Activity in Rwanda[2]
Smith School of Enterprise and the Environment 18Chapter 6
Focus areas
Land
Building upon the baseline investigation and in working towards a climate resilient and low
extensive in-country consultation, the following carbon future. Options to address the focus areas
focus areas were established as being the foremost are listed below in table 5 and are addressed in the
priorities for the Government of Rwanda to address following review of selected best practices.
Table 5: Focus Areas: Options to address Climate Change and Low Carbon Growth
Focus area Option 1 Option 2 Option 3
Institutional / Legal Promulgate planning laws Update district plans Capacity and institutional
Framework for NLUDMP, SLM, WRM development
Information National Spatial Data National policy for information Spatially enabled Government
Management / ICT Infrastructure Strategy access and sharing plan under National ICT Policy
Infrastructure (Rwanda SDI) (NICI)
Technology diffusion Spatial Information Council National & District Technology District accreditation in
and Technical Working Partnerships, Foster technical NLUDMP, SLM, WRM
(User) Group community technology and practice
Capacity Formal courses at Training programs, short Professional accreditation,
Universities (professionals courses and formal continuing professional
and accreditation development
para-professionals)
*National Land Use and Development Master Plan (NLUDMP), Sustainable Land Management (SLM), Water Resource Management
(WRM), National Information and Communication Infrastructure (NICI).
Smith School of Enterprise and the Environment 19Chapter 6 20 Smith School of Enterprise and the Environment
Chapter 7
Review of Best Practice
Land
7.1 Case Study: Indonesia A nationally consistent inventory of land
ownership records and land rights allows countries
Indonesia has a population over 230 Million, of
to have land information readily accessible and on-
whom around 39 million are poor. Covering an area
hand to plan for, mitigate, and respond to short and
of about 9.8 Million sq km of both sea and land
long term disaster events, both man-made and
areas, with approximately 17,500 large and small
natural. The December 2004 earthquake and
islands, Indonesia has a combined land mass of
Tsunami in Indonesia’s Aceh Province provided
about 1.86 Million sq km with 70% classified as
important lessons for land administration. In
forest land. The centrally administered Indonesian
addition to the immense human toll, nearly all
Government presides over a capital district
evidence of land and many land records were
(Jakarta), 27 provinces, 2 special regions
damaged. Computerised LIS of ownership records
(Yogyakarta and Aceh), and 370 regencies and
and detailed cadastral mapping means towns and
municipalities.
communities can be quickly rebuilt. Surviving
In Indonesia, the Land Management and Policy partners, children and family members will be
Development Project (LMPDP), a USD88 Million assured rights to their land. In Aceh, the biggest
USD World Bank funded project is advancing land encumbrance to reconstruction was the delay in the
administration reform. A five-year project, LMPDP settlement of land disputes. The World Bank
aims to improve land tenure security distributing through the USD 28.5 million, Reconstruction of the
more than 2.5 million land title certificates, improve Aceh and Land Administration System (RALAS)
t h e e f fi c i e n c y a n d t r a n s p a re n c y o f l a n d project supported community based adjudication to
administration service delivery, and enhance local support reconstruction[7]. World Bank support is
government land management. Lead by the helping the Indonesian Government rebuild modern
National Land Agency (Badan Pertanahan Nasional land offices to assist the ongoing efforts in Aceh
- BPN) with Bank support, BPN has set forth a Province and developing national LIS and National
comprehensive Strategic Plan 2007-2009 for land SDI to help safe guard communities.
reform centered on ICTs to provide equality and
The Directorate of Building and Property
security in land ownership with computerised LIS
central to the strategic goals of building national SDI Taxation, Ministry of Finance (PBB) has complete
and e-Government service delivery [6]. and accurate property information (in MapInfo
application SISMIOP) of the Aceh province collected
prior to the devastation. Figure 6 is an extract of the
Smith School of Enterprise and the Environment 21Chapter 7
Figure 6: Modern LIS Supporting Communities Affected by Disaster: Extract of PBB Property Tax
Information of Aceh (pre December 2004 Tsunami), background ortho-imagery (post
December 2004 Tsunami)[8]
PBB tax object based LIS known as ‘SISMIOP’ and Management System (SIMTANAS), the national land
demonstrates how PBB data can be utilised in the base. Cases of large-scale post disaster housing
adjudication process when post-tsunami ortho reconstruction in Aceh (caused by earthquake and
imagery is suspended behind pre-tsunami tsunami, December 2004), devastation in
occupation. Although the PBB property data only Yogyakarta (caused by earthquake, May 2006), and
represents approximately 15-20% of affected lands events such as the arson attack on the central
(urban based, taxable objects)[7]. Jakarta BPN Office during the 1990s uprising, have
LMPDP is being implemented by three agencies, made many people realise the importance of having
BPN as the executive agency, the National legal documents to prove land ownership and has
Development Planning Agency (Bappenas) for land pressed the need for government to computerise
policy development, and the Ministry of Home land records and support Nation SDI development
Affairs (MOHA) for local government capacity efforts.
building, including GIS/LIS training and BPN has set forth a comprehensive action
development (SLIM project) at the local level. agenda for land centered on ICTs to provide
Despite recognised coordination challenges in equality and security in land ownership. Visionary for
managing multi-agency approaches in ICT related its adoption of ICTs, the plan brings together the
projects, individual strengths and shared end- latest surveying and mapping technologies,
project ownership offset these risks. computerised LIS, network infrastructure, and
BPN released its strategic plan 2007-2009, online information services. Under the plan, the
geared to achieve the Mid-Term Development Plan SIMTANAS will be implemented in all central and
(MTDP) goals of LMPDP, the plan sets forth an regional land offices, connecting agencies and the
action agenda for policy reform supported by public to property information and land services
building LIS. The LIS components include throughout the country as part of the broader e-
expansion of the National Land Information and government network. A snap shot of the national
22 Smith School of Enterprise and the EnvironmentYou can also read
