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WORLD BANK CONFERENCE ON LAND AND POVERTY

SUSTAINING CUSTOMARY LAND SECRETARIATS FOR IMPROVED INTERACTIVE LAND GOVERNANCE

IN GHANA

BY

JOHN BUGRI DEPARTMENT OF LAND ECONOMY

KWAME NKRUMAH UNIVERSITY OF SCIENCE AND TECHNOLOGY, KUMASI

APRIL 23-26, WASHINGTON, DC

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SUSTAINING CUSTOMARY LAND SECRETARIATS FOR IMPROVED INTERACTIVE LAND GOVERNANCE IN GHANA

Abstract

The return to the “customary” or “traditional” in finding solutions to the seemingly insurmountable land governance problems on the African continent, is gaining popularity among governments, non-governmental organizations and land policy experts. In this regard, capacity building of traditional land governance institutions is increasingly favoured as a key component of land administration projects. In Ghana, current land governance reforms have focussed on the social, economic, legal and technical frameworks within which traditional land governance institutions operate with the view to achieving sustainable development objectives. Thus, 37 customary land secretariats have been established and/or strengthened as part of a multi-donor supported land administration project (LAP). However, inadequate and inappropriate capacity building measures has been the bane to the realization of the full potential of these institutions. A major challenge in this regard has been how best to improve the capacity of these traditional land governance institutions for effective service delivery. This challenge is particularly difficult in the context of a dominant traditional sector with dynamic and evolving institutions. Based on data collected from a sample of 17 customary land secretariats (CLSs) set up to improve on land governance, this paper argues that immanent capacity weaknesses bedevil CLSs in the country. The paper concludes that CLSs lack the needed capacity for providing efficient and effective land governance services under the on-going land administration project. It is therefore the view of the paper that capacity building of these traditional land governance institutions should be scaled up and more emphasis put on the need for human resource development for an improved understanding of the interdisciplinary and cross-sectoral nature of human-land relationships. This contrasts with the current practice of provision of high-level Information Technology (IT) infrastructures, offices, equipment and logistics for CLSs with limited skills as a way of sustaining and strengthening traditional land governance in the country. Keywords: Capacity Building, Land Governance, Traditional Land Governance, Interactive Land Governance, Sustaining Customary Land Secretariats, Ghana.

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1.0 Introduction

As a regime of land governance, customary tenure comprises the norms, regulations and enforcement mechanisms characteristic of traditional areas. These traditional areas are distinctive by virtue of being indigenous and rooted in community level, neither arising nor delivered through state mechanisms (Alden Wily, 2008). In general, good governance as a democratic process is attained when societies achieve broad agreement on relevant policies, and pursue, implement and enforce these policies through an agreed set of institutional arrangements, laws and administrative procedures. For the purpose of this paper, land governance is defined as the rules, processes and organizations through which decisions are made about access to land and its use, the manner in which decisions are implemented and the way that competing interests in land are managed in the day to day operations of customary land secretariats (CLSs). The concept of interactive land governance is based on the definition of “interactive governance” by Kooiman et al (2005) as: “The whole of interactions taken to solve societal problems and create societal opportunities; including the formulation and application of principles guiding those interactions and care for institutions that enable and control them”. In the context of land governance, this definition emphasizes how the competing and often times conflicting interests in land use as societal problems gain solutions and how societal opportunities are also capable of being created through interactions among stakeholders at various levels of land governance (Kooiman et al, 2008). It also underscores the need to care for institutions that enable and control land governance functions, for example, building the capacities of these institutions to enhance their effective and sustained service delivery. The evolving nature of land governance requires that relevant aspects of modern land governance practices, for example, documentation of land rights as a means of ensuring tenure security are incorporated into customary tenure regimes. Thus traditional land governance institutions such as CLSs in Ghana need to be cared for to undertake this role through capacity building measures. The question, therefore, is not whether traditional land governance should be cared for, but, rather, how to manage the process of care and ensure that it is built on the virtues of traditional norms and values of the varied traditional areas in the country and not supplanted by an entirely alien regime of land governance. In Africa, based on the communal nature of land governance, conventional wisdom dictated that solutions to the land governance problems on the continent were to be found in land policy reforms that emphasized individualisation of title to land along western systems and practices (see World Bank, 1974; Deininger, 1998; Migot-Adholla, 1999). But this has led to the failure of most land policy reforms (Toulmin and Quan, 2000). Donor agencies, as a result of the failure of their imposed model and pressure from recipient countries and multinational NGOs, have often considered a return to the customary or traditional systems as offering a positive foundation for evolving tenure relations and economic development (CPS/Terradigm, 2009; Agbosu et al. 2007). Thus, current research and policy following the inability of the conventional approach to solve Africa’s land governance problems has brought about an urgent need to “return to the customary/traditional” in finding solutions to Africa’s land governance problems. Accordingly, in Ghana, greater recognition and emphasis is now being placed on customary/traditional systems and structures for improved land governance (Ministry of Lands and Forestry, 1999; Ghana Government, 2003). The scope of land governance encompasses the functions of land management and administration. Broadly defined, land management is the process by which land resources are put

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to good effect. It entails all the activities associated with the sustainable management of land and natural resources. Land administration is an integral part of land management regarded as the “process of determining, recording and disseminating information about the ownership, value and use of land when implementing land management policies” (UNECE, 1996). Dale and McLaughlin (1999) also defined land administration as “the process of regulating land and property development and the use and conservation of land, the gathering of revenues from the land through sales, leasing, and taxation, and the resolving of conflicts concerning the ownership and use of land”. Land management and land administration are therefore an integral part of the land governance process, requiring broader stakeholder participation as a means of ensuring interactive land governance. As Bugri (2008a) has noted in the case of Ghana, the land governance process requires the collaborative efforts of stakeholders in both customary and modern tenures, not least because of immanent capacity weakness in customary land governance in dealing with evolving realities. In environments in which land use control is shared among differing institutional and community actors, centralized, regulatory approaches to land governance may not be viable and institutional arrangements need to provide collaborative approaches. For example, while the customary system in Ghana has evolved over time, it has not necessarily taken into account current realities and contemporary norms. Thus, commoditisation, human migrations, urbanization, and land pressures are exerting considerable pressures on the customary system and its decision-making processes. These factors impact on customary tenure to the point that the positive characteristics of the system such as adaptability, flexibility and negotiability appear be working to the disadvantage of certain sectors of society such as the landless, illiterate, women, and youth who are unable to negotiate on an equal or at least equitable footing (CPS/Terradigm, 2009; Ministry of Lands and Forestry, 1999). These processes have major implications for local land governance systems (Cotula, 2007) and require capacity building measures for effective service delivery.

To address the capacity weaknesses of customary tenure in Ghana, a multi-donor funded land administration project (LAP) was launched in 2003 with the view to improving on land management and administration. From October 2003 to August 2009, Component 2.3 of LAP had as its objective:

to support the development of customary land secretariats (CLS) in Ghana, as effective, accountable local structures for administration of land... (and)...[p]articular attention (was to) be paid to strengthening the capacity of CLSs to address the needs of diverse populations within their communities, and recognise the great range of customary tenure systems in different regions of Ghana (Government of Ghana, 2003).

Financial support towards the achievement of the above objective was provided by the Department for International Development (DfID) of the UK. To date, 37 CLSs have been established and/or strengthened to improve on traditional land governance. However, since 31st August, 2009 DfID has withdrawn its financial support, yet CLSs are at varying stages of their evolution and development into structures around which land governance is expected to revolve in the country. The purpose of this paper is to highlight the need for capacity building of CLSs as a means of making them sustainable structures capable of effectively undertaking their land governance functions. The organization of the paper is as follows. In Section 2 is the research methodology used in the study. Section 3 examines the concepts of land governance, customary

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land secretariats and capacity building in Ghana, while the results are presented in section 4. A discussion of the results is undertaken in section 5. Finally, conclusion and recommendations are made in section 6.

2.0 Research Methodology

Three important considerations in the survey design and data acquisition for the study were: (a) the time and policy context of the establishment of a CLS. Initially, CLSs were established under a supply-driven policy of LAP but later on abandoned in favour of a demand-driven policy; (b) the north-south tenurial divide of the country and (c) urbanization and the scarcity value of land. All these considerations were seen as critical to the capacity status of a CLS and thus sample selection took account of all three factors. For example, while the supply-driven policy of establishing CLSs by LAP had the potential of not encouraging ownership and participation, the reverse was more likely the case with the demand-driven approach. Also, the north-south tenurial divide broadly reflects a patrilineal and matrilineal land inheritance divide; thereby raising issues of gender in capacity building and vulnerability of some stakeholders in land governance. Finally, the level of urbanization impacts on scarcity value of land and consequently has implications for attitudinal changes regarding innovations in customary land management and administration in Ghana (Bugri, 2008b).

Based on a mixed methodological approach data was collected from 17 out of the 37 functional CLSs in the country between May and July of 2009. The CLSs covered were from five out of the 10 political regions of the country, namely: Ashanti and Brong-Ahafo in the south and Northern, Upper East and Upper West in the north. The CLSs covered in Ashanti were located at: Mampong, Ejisu, Agogo, Bekwai and Nkawie; while those in Brong-Ahafo were in Techiman, Nkoranza and Dormaa Ahenkro. In the case of the north, Bolganaga, Bongo, Paga and Sandema were surveyed in the Upper East; Wa Central, Wa Sagmaluu and Tabiase in the Upper West and Tamale and Damongo in the Northern Region. While a baseline study of all 37 functional CLSs in the country would have been ideal in systematically diagnosing the status of each CLS in terms of capacity building for case-specific policy interventions, this could not be undertaken due to time and financial constraints. However, the sampled ones were carefully chosen to ensure representativeness of the national situation in terms of capacity building for CLSs in the country.

The main instruments for data collection were an interview guide and a semi-structured questionnaire. The use of questionnaires has been argued against in research that seeks to measure experiences, attitudes and opinions because they largely employ closed-ended questions which can filter out meaningful information (Kitchin and Tate, 2000). Thus, the semi-structured questionnaire designed used both open ended and closed-ended questions to cater for this weakness. While the former allowed for the measurement of stakeholders’ experiences, attitudes and opinions relevant to the operations of CLSs, the latter afforded stakeholders the opportunity to provide detailed information of a quantitative nature and important to capacity building.

The questions focused on background and tenurial characteristics of the location of a CLS, the operational and capacity building requirements and issues of sustainability. In particular, ten (10) positions identified in strengthening the capacity of CLSs. were: administrator, land surveyor, accounts clerk, secretary, technical officer, ICT officer, public relations (PR) officer, messenger, typist and field officer. These areas of expertise were informed by an earlier rapid appraisal

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survey of the Tamale and Bekwai CLSs in the Northern and Ashanti Regions respectively. In the administration of the semi-structured questionnaires, use was made of a local field assistant who had considerable knowledge of the customary and statutory land management and administration practices in each traditional area. In the process, probes were applied for clarifications in responses and follow-up questions made; making the exercise more of questionnaire administration cum interviews and group discussions. Such a mixed methodological approach provided both breadth and depth of coverage to the investigation and also aided in triangulation of data for authenticity and reliability. Both qualitative and quantitative data collected were analyzed with the help of the SPSS software and the results integrated and discussed to draw the needed conclusions.

3.0 An Overview of Land Governance in Ghana

Customary lands cover approximately 80 percent of Ghana’s land area (Kasanga, 1988). These comprise five major types of land holdings: allodial, customary usufruct, common law freehold, leasehold and lesser or derived interests such as sharecropping tenancies (Da Rocha and Lodoh, 1995). Allodial title represents the highest possible interest in land and is held or vested in skins or stools and administered through the various Chiefs and Family Heads who hold the title in trust for the members of their indigenous groups. Under Chapter 21, Article 267 (1) of the 1992 Constitution of Ghana:

All stool lands in Ghana shall vest in the appropriate stool on behalf of, and in trust for the subjects of the stool in accordance with customary law and usage.

Customary usufruct is an automatic right held by individuals and households within the indigenous landholding groups. Common law freehold arose from a gift or sale of land by an allodial owner in the past, but this practice is no longer permitted under Chapter 21, Article 267 (5):

Subject to the provisions of this Constitution, no interest in, or right over, any stool land in Ghana shall be created which vests in any person or body of persons a freehold interest howsoever described.

Leasehold is a right to occupy a given piece of land for a specific period of time (typically 99 years for residential purposes) and is granted by an allodial owner to a stranger or non-indigene. Customary usufruct owners sometimes, however, obtain leases in order to better document their rights. Payments for leaseholds come in the form of ‘drink money’ (upfront payment) to the Chief or Family Head and an annual ground rent collected by the Office of the Administrator of Stool Lands (OASL) in the case of stools and skins, and by a customary agency such as a Customary Land Secretariat in areas of Family lands. While leasehold now falls within customary practice it has its origins in the common law. Derived interests such as sharecropping tenancies are also granted strangers by customary usufructs but involve shorter time frames than leaseholds and a sharing of produce and/or land (Ruf, 2009).

Traditional or customary authorities who hold the allodial rights are responsible for the allocation, administration, and management of customary lands held by stools, skins, clans and families. Those who hold allodial rights are those who occupy stools and skins as well as Tendanas (land-priests) in the Upper East and Upper West Regions. Chiefs who occupy stools and skins form a hierarchy (Paramount, Divisional, Sub-Chiefs) whose authority emanates from their traditional roles as well as from the Chieftaincy Act of 2008 (Act 759). Heads of clans and

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families exert authority over clan and family lands. While the powers and authority of Chiefs are subjects of ongoing evolution and negotiation, the 1992 Constitution is quite explicit in stating that Chiefs’ allodial rights to land are fundamentally custodial in character:

The state shall recognize that ownership and possession of land carry a social obligation to serve the larger community and, in particular, the state shall recognize that the managers of public, stool, skin and family lands are fiduciaries charged with the obligation to discharge their functions for the benefit respectively for the people of Ghana, of the stool, skin or family concerned and are accountable as fiduciaries in this regard.

The above statement conforms to both traditional practice and contemporary norms and supports the concept of customary lands as communal lands and of Chiefs as custodians of land.

Customary or stool lands do not have absolute rights, and are further subject to government obligations and restrictions. Apart from the fiduciary responsibilities of the stool to the subjects of the stool, the Constitution, Chapter 21, Article 267 (3) states that:

There shall be no disposition or development of any stool land unless the Regional Lands Commission of the region in which the land is situated has certified that the disposition or development is consistent with the development plan drawn up or approved by the planning authority for the area concerned.

However, based on an analysis of legal pluralism in Ghana’s land sector, Ubink (2006) has observed that:

The government’s attitude towards chieftaincy is […] influencing chiefs’ behavior. The government currently provides hardly any checks and balances on local land administration […] and government’s policy of non-interference in chieftaincy affairs […] provides them with ample leeway to administer land the way they please […] and the National Land Policy and Land Administration Program do not seem to predict change in this respect in the near future.

The above suggests power imbalances in stakeholder relations in land governance. Thus, chiefs as traditional authorities may wield enormous influence over how a CLS in their area of jurisdiction is likely to perform and charter a developmental path. The position of a chief in the Ghanaian society has been described by Brobbey (2008) in the following words:

The people of this country cherish chieftaincy as an institution of such significance that it is inconceivable to think of a situation where the subjects of a chief will refuse his order. Ghanaians have such great respect, in some cases bordering on reverence, for chiefs that what the chief tells his people is in many cases instinctively obeyed.

The above observation underpins article 270 of the 1992 Constitution of Ghana which guarantees chieftaincy and traditional institutions which were in existence before the promulgation of the Constitution. But given that stool or skin land revenues have to be collected and disbursed by the Office of the Administrator of Stool Lands (OASL) imbalances in power relationships and operational protocols between the OASL and traditional authorities become of critical importance to the administration and management of customary lands and to the governance and operations of CLSs. Consequently issues of transparency and accountability are crucial. But the

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disbursements of stool land revenues are set by both the Article 267 (6) of theConstitution and the Office of the Administrator of Stool Lands Act, 1994 (Act 481) as follows: 10% to the Office of the Administrator of Stool Lands for administrative purposes, and of the remaining 90%; 25% to the stool through the traditional authority for the maintenance of the stool in “keeping with its status”; 20% to the Traditional Authority, and 55% to the local District Assembly. The Constitution does not define what the phrase “keeping with its status” means and therefore what exactly a stool’s share of land revenues is spent on becomes easy to justify as being in “keeping with its status”. This heightens the need for a regulatory framework for the operations of a CLS that will not only respect and protect the land rights of community members but also ensure a high degree of transparency and accountability on the part of chiefs.

3.1 Customary Land Secretariats and Land Governance

The structure of the CLSs reflects their role as the administrative unit of customary land administration responsible to the customary land holders and those with secondary and derived rights within the communities. They sit at the interface between the customary and public land sector agencies, and are governed by the Chiefs and Heads of Clans and Families through their respective Land Management Committees. The land sector agencies most directly involved with the CLSs are the Office of Administrator of Stool Lands, the Lands Commission, and the Town and Country Planning Department. In addition, the CLSs need to interact and collaborate with the the District Assemblies with respect to land use planning.

The concept of customary land secretariat was however already operational in Ghana by some corporate tenure authorities before the coming into being of the Ghana Land Administration Project (LAP) in 2003. Examples include the Asantehene’s Land Secretariat in Kumasi (Ashanti Region), the Akyem Abuakwa Land Secretariat in Kyebi (Eastern Region) and the Gbawe Kwatei Family Land Secretariat in Gbawe-Accra (Greater Accra Region). Thus, the national land policy of 1999 states as a policy action, to:

assist the various traditional authorities and other land owning families and clans to establish land secretariats to facilitate the work of government departments and agencies involved in land service delivery (Ministry of Lands and Forestry, 1999).

Accordingly, subcomponent 2.3 of LAP had as its goal “to lay a foundation for clearer and more cohesive development in the customary land administration sphere and for its further consolidation and evolution in subsequent land administration projects” (Government of Ghana, 2003). To achieve this, the project was tasked to work directly with customary land authorities to help them improve and develop customary land administration. Hence, 37 CLSs have been established in several land owning communities to undertake the following functions:

o consolidate and develop landholding rules and develop public land allocation and transaction procedures to limit double or multiple allocations;

o adopt simple land use planning of the customary area to minimize inappropriate land use and protect areas of common interest to the community;

o identify and resolve overlapping claims of rights among landholders; o develop more effective dispute resolution procedures, including the adoption of record

keeping to help establish precedent;

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o reach agreement with neighbouring communities on the boundaries of the customary land area;

o establish simple registries to record land allocations, transactions and land use planning decisions;

o develop forms of certificates or entitlement which precisely reflect the nature of rights over the property awarded and the terms and conditions;

o methodically identify, adjudicate, demarcate and register holdings in the customary area, without formal survey input as appropriate; and

o develop mechanisms which improve the security of those identified as most likely to be vulnerable, women, very poor and landless families in the community and strangers and tenants (Government of Ghana, 2003).

The efficient performance of the above functions has the following potential benefits to communities with CLSs:

· Existence of accurate and accessible land records to the community and public; · Clarity in ownership and use rights to land; · Minimization of land-related disputes and conflicts; · Promotion of economic development of communities; · Maintenance of peace and order in the communities; · Facilitation of greater awareness of land rights and responsibilities among the

vulnerable land rights holders; and · Greater accountability in the use of land revenue and resources.

Despite the above functions and potential benefits, CLSs owe their existence and operations to only policy actions since there is currently no legal basis for their existence and operations. This has implications for their continued existence and scaling up. Notwithstanding the above benefits of CLSs, Antwi (2006) noted that CLSs could develop land markets and create landlessness among the poor, especially in rural communities; work to entrench the property rights of customary authorities in a way that their fiduciary roles mature into concrete individual proprietary ownership of land (see Firmin-Sellers, 1996; Ubink and Quan, 2007) and the elite undertake land speculation and land grabbing activities, especially in peri-urban communities to the marginalization of the illiterate, women, strangers and other vulnerable segments of society. It is with the view to mitigating the above possible unintended negative consequences of CLSs that building their capacities is crucial in traditional land governance.

The CLSs were established at different times and provide different levels of service, with varying levels of fees and charges and different ways of treating land rights within land holding groups or communities. While CLSs are not expected to be uniform, protection of the land rights of the vulnerable is high up the agenda of the national land policy as evidenced in several policy actions aimed at facilitating equitable access to land, including review of the phenomena of landlessness and migrant farmers to reduce the vulnerability of their land rights (Ministry of Lands and Forestry, 1999). Thus studies (e.g. CPS/Terradigm, 2009; Osman, 2009) have been conducted on their capacities to provide an assessment of CLS lessons learnt. These studies made recommendations and developed appropriate guidelines and training materials to strengthen their capacities. It is however questionable the extent to which these recommendations, guidelines and training materials have been effectively utilized.

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3.2 The Need for Capacity Building in Sustaining Customary Land Secretariats

Enemark (2006) observed that in many developing countries, the national capacity to manage land rights, restrictions and responsibilities is not well developed regarding maturity of institutions and the necessary human resources and skills. Studies in Ghana have identified a generally weak capacity both in material, financial and human resource terms affecting the ability of CLSs to effectively undertake most of their functions. However, significant progress in land documentation and land dispute resolution activities were also observed even within the constraints under which they operate (CPS/Terradigm, 2009). In the context of land management, institutional structures are a part of a process of social negotiation and are continually being reshaped overtime. Thus, capacity building as a concept provides guidance for analyzing and assessing the capacity needs of CLSs and identifying adequate responses to these needs at societal, organizational and individual levels in the land governance process.

For the purpose of this paper, we adopt Groot and Molen’s (2001) definition of capacity building- “the development of knowledge, skills and attitudes in individuals and groups of people relevant in the design, development and maintenance of institutional and operational infrastructures and processes that are locally meaningful”. The rationale for adopting this definition is that it emphasizes the human development dimension of capacity building which is crucial to the role of CLSs in land governance as highlighted in section 4 below. Similarly, UNDP (1998) defined capacity building as: the ability of individuals and organizations or organizational units to perform functions effectively, efficiently and sustainably”. Both definitions require a need for capacity assessment, described as a structured and analytical process by which various dimensions of capacity are examined within a systems context as well as evaluated for specific entities and individuals within the system (Enemark, 2006). Capacity assessment invariably takes place in the context of the overall policy environment, for example, in the case of CLSs, the country’s national land policy, to see that there is coherence between specific actions and the national land policy framework. When this takes place, then capacity development “...the process by which individuals, groups and organizations, institutions and societies increase their abilities to: perform core functions, solve problems, and define and achieve objectives; and to understand and deal with their development needs in a sustainable manner” (UNDP, 2002), occurs. Applying these definitions to capacity building of CLSs could lead to improved interactive land governance.

From the above, it is clear that capacity building issues in land governance need to emphasize the human capital dimension of organizations as a resource. Human capital as a resource in land governance reflects the individually possessed knowledge, competencies, education and skills embodied in individuals that help them efficiently and effectively discharge their roles. As FAO (2007) noted, good land governance cannot be found where there is insufficient capacity to deliver services. Thus, Enemark and Williamson (2004) developed a conceptual analytical framework that identifies and analyzes key broad land governance issues for capacity building (Framework 1). Enemark (2006) also formulated key questions in land governance for capacity building, assessment, development and sustainability as shown in Framework 2. As the results and discussion of this study show in section 5, both frameworks are relevant to building capacity and sustaining CLSs in Ghana’s land governance.

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Framework 1: Capacity Building Analysis in Land Governance

Level Capacity Assessment Issues Capacity Development Issues Societal · Policy dimension

· Social/institutional dimension

· System dimension · Legal and regulatory

dimension

· Land policy issues · Land administration vision · Land administration system · Land tenure principles · Legal principles

Organizational · Cultural issues · Management and resource

issues · Institutional issues and

processes

· Institutional infrastructures · Spatial data infrastructures · Professional institutions

Individual

· Professional competence · Human resource needs · Educational resources

· Education/training programmes

· Continuing Professional Development

· Education and research Based on Enemark and Williamson (2004).

Framework 2: Capacity Assessment, Development and Sustainability Analysis

Capacity Assessment Capacity Development Sustainability · Are policies on land

management clearly expressed?

· Is the legal framework sufficient and adequate?

· Are the institutions adequate and are their responsibilities clearly expressed?

· Are the guiding principles for good land management well expressed?

· Are the human resources and skills adequate and are the relevant education and training opportunities available?

· Is there an overall national land policy?

· Does the legal framework address rights, restrictions and responsibilities of people in land?

· Is there an organizational framework for the implementation of rights and duties in land in the context of good land governance?

· Is the attitude of people towards good land governance positive?

· Is there a culture of stakeholder self-monitoring/evaluation for desirable changes to be effected?

· Are lessons learnt and experiences gained fed back into the process for improvement?

· Is there an implementation process of adequate requirements and options for activities of continuing professional development?

· Are there prospects of financial sustainability?

Based on Enemark (2006)

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An analysis of the above frameworks in the context of Ghana’s national land policy, the land administration project and the roles of the CLS in land governance leads to the conclusion that the CLS concept is crucial to achieving good land governance in Ghana. However, from a capacity assessment point of view, more emphasis needs to be placed on human resource development if the CLSs are to effectively and efficiently discharge their land governance functions. The next section presents the results of the study.

4.0 Results 4.1 Brief Profiles of CLSs Surveyed in the Upper East Region

Bolgatanga

Bolgatanga is a rapidly growing urban settlement and the regional capital of the Upper East Region. Its CLS was officially established under the auspices of LAP in October 2008. It has a temporary office from where it operates. However, since 1994 the four land owning groups in Bolgatanga comprising the land priests (Tendanas) of Tendansobligo, Tendanmoligo, Daporetidongo and Soe had been coordinating their customary land management practices by recording land transactions in their respective jurisdictions. It is these four land owning groups which the CLS jointly serves.

The coordinator of the CLS spelt out the tasks performed by staff as: sensitization of communities on the existence and functions of the CLS, keeping records on land transactions, liaising with state land institutions on land management issues, keeping accounts of land revenues and expenditures and land disputes resolution. A land management committee composed of representatives from all four land owning groups is in place to assist the CLS in its land management functions. The problems hindering the successful operations of the CLS were identified as low remuneration for staff, inadequate logistics and lack of adequate knowledge on the operations of the state land sector agencies.

Bongo

Established in October 2008 through the demand-led approach by LAP, the District Assembly has offered it an office, but this was yet to be refurbished for the staff occupation and use. Bongo is a largely rural community and capital of a struggling newly created district. The Paramount Chief of the Bongo traditional area and the coordinator of the CLS jointly disclosed that sensitization of community members on the roles of the CLS when it becomes operational was the only function currently carried out. It was anticipated that the CLS when functional will undertake land documentation for revenue generation.

Sandema

The Sandema CLS was the first to be established by LAP as part of its earlier ten (10) pilot CLSs nation-wide. It was established in May 2006 in the Builsa traditional area where Chiefs are the customary land managers. The activities of the CLS in this rural community included sensitization of communities on its existence and functions and the settlement of land disputes and documentation of land transactions. As the first CLS in the Upper East Region, undertaking educative talk shows on land issues to the communities through radio programmes was observed by staff to be their most significant achievement since establishment. Financial and logistical problems were emphasized as hindering the effective performance of the CLS.

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Paga

The CLS in Paga was established in October 2008 following the demand-led approach of LAP. Besides sensitization of communities on its existence and functions, little else appeared to be happening in the nature of land management in this northern border township.

4.2 Results of Capacity Assessment of CLS Staffing and Equipment

The table below shows the results of staff capacity assessment of CLSs in the Upper East Region.

Table 1a Capacity Assessment of CLS Staff – Upper East Region

Customary Land Secretariat

Personnel Required for Possible Maximum Performance

Existing Personnel

Educational Level of Existing Personnel

Existing Gaps

Bolgatanga · Administrator · Land Surveyor · Accounts Clerk · Secretary · ICT Officer · Technical Officer · Public Relations Officer · Messenger · Typist · Field Officers

ü x

ü ü

x ü ü

x x x

GCE O/Levels HND Accounting SSSCE Certificate JHS Certificate GCE O/Levels

· Land Surveyor · ICT Officer · Messenger · Typist · Field Officer

Bongo · Administrator · Land Surveyor · Accounts Clerk · Secretary · ICT Officer · Technical Officer · Public Relations Officer · Messenger · Typist · Field Officers

ü x x

ü x x

ü x

ü X

Agric. Ext. Cert. HND Secretarial Agric. Ext. Cert. NVTI

· Land Surveyor · Accounts Clerk · ICT Officer · Technical Officer · Messenger · Field Officer

Sandema · Administrator · Land Surveyor · Accounts Clerk · Secretary · ICT Officer · Technical Officer · Public Relations Officer · Messenger · Typist · Field Officers

ü x x

ü x x

ü x x x

Teacher’s Cert. A B.A. Social Science Teacher’s Cert. A

· Land Surveyor · Accounts Clerk

· ICT Officer · Technical Officer

· Messenger · Typist · Field Officer

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Paga · Administrator · Land Surveyor · Accounts Clerk · Secretary · ICT Officer · Technical Officer · Public Relations Officer · Messenger · Typist · Field Officers

ü x x

ü x x

ü

x x x

Dip. (Education) DBS (Secretarial) Dip. (Education)

· Land Surveyor · Accounts Clerk · ICT Officer · Technical Officer

· Messenger · Typist · Field Officers

The results of Table 1a indicate that of the ten (10) types of staff required for possible maximum performance of a CLS, existing gaps were: Bolgatanga five (5), Bongo (6), Sandema seven (7) and Paga (7). Thus, there was 50-70% staff shortfall in all the CLSs in the Upper East Region. There was no single CLS in the Upper East Region with a land surveyor, an ICT officer or a field officer. Of the available staff, the highest level of qualification was a Bachelor of Arts degree in Social Science and only one (1) staff in Sandema had this qualification. This was followed by a Higher National Diploma (HND) qualification that only two possessed: one (1) in Accounting in Bolgatanga and the other in Secretarial at Bongo.

Table 1b Regional Profile of CLS Equipment – Upper East Region Equipment Bolgatanga Bongo Sandema Paga Computer ü ü ü x Printer x x ü x Photocopier x ü ü x Office Furniture ü ü ü ü Fax Machine x x x x Scanner x ü ü x Binding Machine x x x x Motorbike x ü ü ü Air Conditioner ü ü ü ü

The results in Table 1b above show that Bolgatanga and Paga did not have six (6) of the nine (9) types of equipment supplied by LAP to CLSs; Bongo lacked three (3) and Sandema (2). While the most commonly available equipment were: a computer, office furniture, motor bike and air conditioner; the equipment commonly not available were a printer, fax machine and binding machine. None of the four CLS in the Upper East Region had a fax or binding machine for their use as office equipment.

4.3 Brief Profiles of CLSs Surveyed in the Upper West Region

Wa Central

Established in June 2008 under the demand-led approach of LAP, this CLS is under the jurisdictional control and management of the Suuriyire Section of Wa township in their capacity as the tendana land owning group. Wa is the capital of the Upper West Region. Sensitization

14

activities on the existence and roles of the CLS, settlement of land disputes, land allocation and documentation engaged the attention of staff. It was emphasized by the staff of this CLS that the establishment of another CLS in the Sagmaluu area of Wa, a rival tendana land owning group posed a challenge to the success of their operations due to the potential threat of double enumeration of properties in the township. In the view of the CLS, financial and logistical problems were also hindering its work and government intervention was called for.

Wa Sagmaluu

The Wa Sagmaluu CLS is within the Wa township but under the jurisdictional control of a different land owning group from that of the Wa Central CLS. Established in September 2008 by LAP on the demand-led basis, staff functions were indicated as: keeping of data on land dealings, the resolution of land disputes and educational activities on land issues in the communities. The most significant achievement of the CLS was said to be in the area of awareness creation in stakeholders of the importance of land documentation and boundary demarcation. That notwithstanding, there was still need for more education of stakeholders on these issues which still posed problems for land management in the communities. The CLS also indicated finance and logistical requirements as important to its successful operations.

Tabiase

It was in 2003 that this CLS was established as part of the first pilot scheme of CLSs in the country. With a joint collaborative effort between chiefs and tendanas, the management of this CLS is in sharp contrast to the other two above in the Upper West Region. Sensitization activities on the existence and functions of the CLS, advice to land owners and users on best land management practices, documentation of land transactions and land disputes resolution were identified as some of its tasks. In terms of significant achievement so far, reduction in land disputes due to the role played by education to stakeholders on the need for land documentation and registration was quoted. However, inadequate logistics, poor revenue generation and lack of well trained staff in land management were problems militating against the operations of the CLS.


In Table 2a below, 50-60% of CLS staff requirements could not be met in the Upper West Region. Wa Central did not have five (5) staff categories, while Wa Sagmaluu and Tabiase did not have six (6) staff positions each. The most common skills gaps were the positions of a land surveyor, technical officer, ICT officer and field officer in the Upper West Region.

Table 2a Capacity Assessment of CLS Staff – Upper West Region



Existing Personnel

Educational Level of Existing Personnel

Existing Gaps

Wa Central · Administrator · Land Surveyor · Accounts Clerk · Secretary · ICT Officer

ü x

ü ü

x

Rural Health Cert. MSCL Teacher’s Cert. A.

· Land Surveyor · ICT Officer

15

· Technical Officer · Public Relations Officer · Messenger · Typist · Field Officers

x ü

x ü

X

Rural Health Cert. Secretarial Training

· Technical Officer

· Messenger · Field Officer

Wa Sagmaalu

· Administrator · Land Surveyor · Accounts Clerk · Secretary · ICT Officer · Technical Officer · Public Relations Officer · Messenger · Typist · Field Officers

ü x

ü ü

x x

x x

ü X

PGD. (Archives) MSCL BA (Management) JHS Certificate

· Land Surveyor · ICT Officer · Technical Officer · Pub. Rel. Officer · Messenger · Field Officer

Tabiase · Administrator · Land Surveyor · Accounts Clerk · Secretary · ICT Officer · Technical Officer · Public Relations Officer · Messenger · Typist · Field Officers

ü x x ü

x x

ü x

ü X

GCE O/Levels SSSCE Cert. Teacher’s Cert. A SSSCE


· ICT Officer · Technical Officer · Messenger · Field Officer

The highest qualification of available CLS staff in the Upper West Region was a Post Graduate Diploma (PGD) in Archives, followed by a Bachelor of Arts degree in Management. These qualifications were for one (1) person each in the CLS at Wa Sagmaluu. Most staff were either with a teacher’s training certificate or ordinary school leavers with Junior or Senior High certification. Table 2b Regional Profile of CLS Equipment – Upper West Region Equipment Wa Central Wa Sagmaalu Tabiase Computer ü ü ü Printer x x x Photocopier x x x Office Furniture ü ü ü Fax Machine x x x Scanner x x x Binding Machine x x x Motorbike ü x ü Air Conditioner ü ü x

16

In terms of equipment for operations, while the most commonly available were a computer, office furniture and air conditioner that all CLSs had, no single CLS had a printer, photocopier, fax machine, scanner or binding machine as Table 2b above highlights.

4.5 Brief Profiles of CLSs Surveyed in the Northern Region

Tamale

As one of the first CLSs in the country, the Tamale CLS was established in November 2005 under the auspices of LAP. It is in the Dagbon traditional area and the tasks of staff were listed as including recording of land allocations, land disputes resolution, field inspections of properties and liaising with the land sector agencies on issues of land management. Some 2000 and 3000 new allocations of land were confirmed by the CLS in 2008 and 2009 respectively. However, due to the murder of the Paramount Chief of the Dagbon traditional area, the Ya Na, in 2002, none of these have been registered as leases to date. A significant achievement of the CLS was said to be in the area of land dispute resolution and documentation of land records. Funding and logistical problems were also indicated as problems facing the work of the CLS.

Damongo

The Damongo CLS was established in December 2008 in the Gonja traditional area by LAP on the demand-driven basis. Tasks undertaken include keeping of land records, dispute resolution and revenue generation. From February to June 2009, records revealed that a total of 36 land transactions had been recorded. It was the claim of the CLS that its significant achievement so far in this predominantly farming community was, the existence of the CLS in itself being ample demonstration to community members that the control and management of land was in the hands of the traditional authorities (Chiefs) who are the land owners and not the land sector agencies as was hitherto perceived by most people. It was therefore not surprising that when offered the opportunity to indicate an important issue facing the CLS that the questionnaire did not cover, a firm call was made to the land sector agencies not to register any land document of an applicant that was not passed through the office of the CLS. Finance, logistics and development of human resource skills in land management were seen as problems of the CLS.


Table 3a Capacity Assessment of CLS Staff – Northern Region



Existing Personnel

Highest Educ. Level of Existing Personnel

Existing Gaps

Tamale · Administrator · Land Surveyor · Accounts Clerk · Secretary · ICT Officer · Technical Officer · Public Relations

Officer

ü x

ü ü

x ü ü

x x

GCE O/Levels GCE O/Levels DBS HND GCE O/Levels

· Land Surveyor · ICT Officer

17

· Messenger · Typist · Field Officer

x · Messenger · Typist · Field Officers

Damongo · Administrator · Land Surveyor · Accounts Clerk · Secretary · ICT Officer · Technical Officer · Public Relations

Officer · Messenger · Typist · Field Officers

ü x

ü x x x

ü

x ü

x

B. Ed SSSCE Bachelor in Education Secretarial Training

· Land Surveyor · Secretary · ICT Officer · Technical Officer


The results in Table 3a above indicate that 50% and 60% of staff positions were vacant in Tamale and Damongo respectively. Of staff positions filled, the highest qualification was a Bachelor in Education that the administrator and public relations officer in Damongo had. While this qualification was followed by an HND qualification that was possessed by a technical officer in Tamale, most other positions were occupied by school leavers. In the case of equipment, Table 3b shows that while the CLS in Tamale lacked a scanner, binding machine and motor bike; the Damongo CLS did not have a printer, photocopier, fax machine in addition. Table 3b Regional Profile of CLS Equipment – Northern Region Equipment Tamale Damongo Computer ü ü Printer ü x Photocopier ü x Office Furniture ü ü Fax Machine ü x Scanner X ü Binding Machine X x Motorbike X x Air Conditioner ü ü

4.7 Brief Profiles of CLSs Surveyed in the Brong Ahafo Region

Nkoranza

The CLS was established in September 2008 in Nkoranza the district capital of the traditional area and the seat of the paramount chief. The town is a largely rural farming community with a sizeable number of migrant farmers. It was disclosed that staff engaged in settlement of land disputes and the documentation of land transactions. The significant achievement of the CLS so

18

far was indicated as the settlement and reduction in cases of land disputes and the creation of awareness among stakeholders of the importance of land documentation. Financial problems were identified as hampering the operations of the CLS.

Dormaa Ahenkro

This CLS is in a rapidly growing border township to the west with vibrant commercial and agricultural activities. It was in May 2005 that the CLS was established as part of LAP’s original regional based pilot scheme. Staff indicated the preparation of lease documents and the settlement of land disputes with the active involvement of the land management committee. It was evidenced that the CLS was engaged in recording information on vulnerable land rights holders in local share cropping types and 42 such cases had been captured in the Dabaabi and Kokoa areas. Financial and logistical constraints were seen as negatively affecting the operations of the CLS.

Techiman

Techiman is an important market town in the country and serves as an attraction to many migrant farmers mostly of northern descent. The CLS was established in 2008 and efforts of staff so far are into sensitization, settlement of land disputes and liaising with land sector agencies for client land documentation Sensitization was indicated as their most significant achievement with an average of 100 people a month calling on the CLS to make enquiries and or undertake documentation of their land transactions. In terms of problems, the absence of a legal backing for the CLS and inadequate financial and technical expertise in land management issues were highlighted.


Staff assessment of CLSs in the Brong Ahafo Region revealed that 40% of staff positions needed to be filled in Techiman, while 70% staff positions also needed to be filled in both Nkoranza and Dormaa Ahenkro. These included the positions of land surveyor, field officer, accounts clerk, and secretary for all three CLSs. These results are shown in Table 4 a below. Table 4a Capacity Assessment of CLS Staff – Brong Ahafo Region Customary Land Secretariat


Existing Personnel


Existing Gaps

Nkoranza · Administrator · Land Surveyor · Accounts Clerk · Secretary · ICT Officer · Technical Officer · Public Relations Officer · Messenger · Typist · Field Officer

ü x x x x x ü

x ü

x

SSSCE SSSCE NVTI

· Land Surveyor · Accounts Clerk · Secretary · ICT Officer · Technical

Officer


Dormaa · Administrator ü GCE O/Levels

19

Ahenkro · Land Surveyor · Accounts Clerk · Secretary · ICT Officer · Technical Officer · Public Relations Officer · Messenger · Typist · Field Officers

x x x x x ü

x ü

x

GCE O/Levels SSSCE

· Land Surveyor · Accounts Clerk · Secretary · ICT Officer · Technical

Officer


Techiman · Administrator/Coordinator · Land Surveyor · Accounts Clerk · Secretary · ICT Officer · Technical Officer · Public Relations Officer · Messenger · Typist · Field Officer

ü x

x x ü ü ü ü ü

X

GCE A/Levels Computer Training MSLC GCE A/Levels

· Land Surveyor · Accounts Clerk · Secretary · Field Officer

Table 4b Regional Profile of CLS Equipment – Brong Ahafo Region Equipment Nkoranza Dormaa Ahenkro Techiman Computer ü ü ü Printer x ü ü Photocopier ü ü x Office Furniture ü ü ü Fax Machine x X x Scanner x ü x Binding Machine x X x Motor bike ü ü x Air Conditioner ü X ü

As shown in Table 4b above, between three (3) and five (5) types of equipment were not available in each CLS. The most commonly lacking equipments were fax and binding machines. Techiman lacked the most equipment, including photocopier, fax machine, scanner, binding machine and motor bike.

4.9 Brief Profiles of CLSs Surveyed in the Ashanti Region

Bekwai

Bekwai is a largely rural community and the CLS was established in April 2008. An active land management committee exists to underpin the activities of the CLS. The CLS was said to be active in the areas of sensitization of the public on its existence and functions, collaboration with the land management committee in the resolution of land disputes, allocations of land, documentation of land transactions and preparation of layouts and boundary demarcation. The

20

significant achievement of the CLS was indicated as the registration of thirty leases so far and settlement of land disputes in the community. Problems encountered were cited as the absence of proper layouts for some communities and the low level of cooperation and trust of community members as to patronize the services of the CLS.

Nkawie

The CLS was established in May 2008 in Nkawie, a rural community. The CLS is engaged in sensitization efforts, land disputes resolution and land documentation. The success story of the CLS was said to be in the settlement of land disputes. However, financial problems coupled with the death of the chief of the township were reported as constraints to the operations of the CLS.

Ejisu

It was in 2008 that the Ejisu CLS was established. Ejisu is of close proximity to Kumasi and is a rapidly developing peri-urban community. The staff indicated the tasks they are engaged in as revenue mobilization, documentation and keeping of land records, resolution of land disputes and promoting the emergence of a vibrant land market in the community. Increased revenue generation from the land was identified as the most significant achievement of the CLS in the community. Yet, a major problem in the operations of the CLS was indicated as inadequate staff remuneration and lack of motivation for quality service delivery.

Agogo

June 2008 was when the CLS was established in Agogo, a largely farming community. The details of staff and logistics are in Tables 5a and 5b. The activities of the CLS were indicated as collection of revenue from tenant farmers, creation of data base on land owners through property enumeration and the settlement of land disputes. Though an increase in land revenues generated was said to be an achievement of the CLS so far, revenue generation drives were said to be hampered by inadequate logistics to cover all the communities in the traditional area to mobilize revenues.

Mampong

This CLS was also established in June 2008 in the Mampong traditional area, the second most important traditional stool in the Ashanti kingdom after the Golden stool of the Asantehene. Activities undertaken were in sensitization of stakeholders on the relevance of the CLS, settlement of land disputes and liaising with the land sector agencies for land documentation and registration purposes. It was indicated that patronage of the land documentation services of the CLS from surrounding communities was on the increase since the establishment of the CLS and that was a significant achievement. However, financial problems were negatively affecting the operations of the CLS and a sizeable number of stakeholders still needed sensitization to become clients of the CLS.


In the Ashanti Region, results of the CLSs surveyed are presented in Table 5a below. The results indicate that between 50-60% of staff requirements in all CLSs could not be met. The land surveyor, accounts clerk, technical officer and field officer were the most vacant positions. In the

21

case of a land surveyor, it was only in the CLS at Ejisu that the position was indicated as occupied. However, further investigations revealed that the staff who claimed to be a land surveyor only enrolled at the Kwame Nkrumah University of Science and Technology, Kumasi to pursue a BSc Geomatic Engineering degree but was withdrawn from the programme before he could graduate. Table 5a Capacity Assessment of CLS Staff – Ashanti Region



Existing Personnel


Existing Gaps

Bekwai · Administrator · Land Surveyor · Accounts Clerk · Secretary · ICT Officer · Technical Officer · Public Relations Officer · Messenger · Typist · Field Officers

ü x x ü ü ü x

x x x

Dip. (Administration) NVTI SSSCE Const. Tech. Training

· Land Surveyor · Accounts Clerk · Pub. Rel. Officer · Messenger · Typist · Field Officers

Nkawie · Administrator · Land Surveyor · Accounts Clerk · Secretary · ICT Officer · Technical Officer · Public Relations Officer · Messenger · Typist · Field Officers

ü x x

ü x x

ü ü

x ü

HND GCE O/L EVELS GCE O/Levels MSLC Diploma in Marketing


· ICT Officer · Technical

Officer

· Typist

Ejisu · Administrator · Land Surveyor

· Accounts Clerk · Secretary · ICT Officer · Technical Officer · Public Relations Officer · Messenger · Typist · Field Officer

ü ü

x x x x

ü x x

ü

GCE A/Levels BSc Geomatic Eng. (Attempted) GCE A/Levels GCE O/Levels

· Accounts Clerk · Secretary · ICT Officer · Technical

Officer

· Messenger · Typist

Agogo · Administrator · Land Surveyor · Accounts Clerk · Secretary · ICT Officer

ü x x x

ü

Not provided Not provided

· Land Surveyor · Accounts Clerk · Secretary

22

· Technical Officer · Public Relations Officer · Messenger · Typist · Field Officers

ü ü

x ü

x

Not provided Not provided Not provided


Mampong · Administrator · Land Surveyor · Accounts Clerk · Secretary · ICT Officer · Technical Officer · Public Relations Officer · Messenger · Typist · Field Officer

ü x x

ü ü ü ü

x x x

MSLC University Degree SSSCE MSLC MSLC

· Land Surveyor · Accounts Clerk · Messenger · Typist · Field officer

Table 5b Regional Profile of CLS Equipment – Ashanti Region Equipment Bekwai Nkawie Ejisu Agogo Mampong Computer ü ü ü ü ü Printer ü ü x x x Photocopier ü ü ü ü ü Office Furniture ü ü ü ü ü Fax Machine x x x x x Scanner ü ü x x ü Binding Machine x x ü x x Motorbike ü ü x ü ü Air Conditioner ü ü x ü ü

The inventory of equipment in the CLSs in the Ashanti Region is shown in Table 5b above. The results indicate that of the four (4) CLSs investigated, none had a scanner; four CLSs: Bekwai, Nkawie, Agogo and Mampong did not have a binding machine; three CLSs: Ejisu, Agogo and Bekwai lacked a printer, while two: Ejisu and Agogo did not have a scanner.

5.0 Discussion 5.1 Issues Relating to Capacity Building

The assessment of capacity of CLSs followed a proposed model in which at least 10 staff positions were identified as important to the functions of a CLS if maximum operational performance was to be expected. These positions were: administrator, land surveyor, accounts clerk, secretary, ICT officer, technical officer, public relations officer, messenger, typist and a field officer. The results reveal immanent capacity weaknesses across all CLSs. The skills gaps identified, especially the absence a qualified land surveyor in all the CLSs studied has negative implications for efficiency and effectiveness of staff performance of their land governance

23

functions. Other important positions such as ICT officer, technical and field officers showed high levels of skills gaps with negative consequences on CLS performance.

The results of this study corroborate the findings of Osman (2009) and Yankson et al (2009) who found capacity weakness to be affecting the ability of CLSs to deliver on their functions. Yet, these capacity weaknesses are not limited to traditional land governance institutions. The state land machinery is equally affected. Thus, according to Kasanga (2000), “[given] the weakness of the decentralized land management agencies (District Assemblies, Regional Lands Commission, Administrator of Stool Lands, etc) in finance, personnel, office equipment and machinery, housing and office accommodation, etc it would be suicidal to leave all land management functions to them (and) the active involvement of local communities in land management will go a long way to relieve the public land agencies of most of their burden in land administration”.

The need for building capacity of local land institutions is even more urgent now than ever before, given the recent wake of large scale land acquisitions in the country and the imbalance in power relations between chiefs and their subjects. In this regard, the challenges concern the extent to which state institutions are scrutinizing deals concluded by customary authorities. For example, Tsikata and Yaro (2011) observed:

The different tenure regimes of the various traditional areas and the lack of regulation on transnational land transactions have enabled idiosyncratic deals between investors and land owners, mostly chiefs. In reality contracts are between chiefs and investors and often reflect their motivations and aspirations rather than those of the community.

From the above observation, it can be argued that a well functioning CLS can sensitize stakeholders on how to enhance their tenure security and thus provide them with the needed voice to negotiate with chiefs on at least an equitable basis.

The capacity weaknesses of CLSs notwithstanding, a survey of CLSs found them to be effective in dispute resolution using the alternative dispute resolution (ADR) mechanisms. The study observed that CLSs used chiefs, elders and land management committees to resolve land disputes based on traditional and ethnic norms and values operating in their localities (MLFM/LAP, 2008/9). Furthermore, Group 2 – Institutional Reform of the Implementation Support Mission (2009) of LAP found that “field visits and data information shared by the CLS team confirm that the CLS pilot programme has been successful and is making continued progress”.

The continued progress of CLSs hinges on capacity building that emphasizes the development of human resources for effective land service delivery. However, only four (4) of existing personnel were educated to university degree level while the majority of CLS staff were of lower education or ordinary school leavers. There was no staff whose educational background was related to land management and administration. The absence of well qualified staff to man the operations of CLSs does not augur well for an understanding of the interdisciplinary and complex roles of land governance. The design of a training programme in land management and administration for CLSs is therefore apposite.

It is also important that relevant equipment is made available to CLSs for the effective performance of their functions. This should be based on needs assessment as some of the equipment supplied to CLS by LAP, for example, computers failed to be utilized either due to the lack of appropriate skill or absence of conducive environment for their use.

24

5.2 Issues Relating to Sustainability

The conceptual foundation of the CLS rests on the argument that land owning groups are supported to undertake their traditional land management practices. This has the benefit of building on the traditional norms and values of a society and the way it relates to its land. However, it is naïve to assume that result of such support in the form of an established and operational CLS will not lead to changes in tenure relations and therefore introduce a process of tenure re-engineering. For example, as land markets develop and become vibrant through the activities of a CLS, so will issues of commoditization of land arise, a practice alien to customary tenure. The emergence of vulnerable land rights holders and possible elite capture of the land governance process are also likely and all these need to be anticipated and proactively dealt with.

The results of this study underline two key challenges to the sustainability of CLSs. First, is the issue of a clearly defined legal basis of existence, especially so if the CLSs are to mature into the pivot around which traditional land governance would revolve in the future. This requirement is particularly important given the dominance of the customary sector in land governance and the withdrawal of support by DfID for strengthening customary land administration through the CLS concept. Secondly, even if donor support was available, it is unlikely that donor funds will be applied in the payment of remuneration of staff of the CLSs and the undertaking of equipment maintenance. Given that staff is poorly remunerated, it is difficult to hire permanent and competent staff. Thus, financial sustainability is crucial to the sustainability of CLSs. This requires CLSs exploring income generating options and adopting the right business models in ensuring that they achieve financial sustainability. Consequently, a clear distinction has to be made of CLSs in urban, peri-urban and rural locations and these investigated on possible developmental paths to follow.

6.0 Conclusion and Way Forward 6.1 Conclusion

This study has demonstrated that customary land secretariats (CLSs) are vital to land governance in Ghana and that capacity building is crucial to their ability to deliver services. The Land Administration Project (LAP) has assisted in establishing and/or strengthening 37 CLSs that play important land governance functions in local communities. These functions are performed to varying degrees of effectiveness in the areas of land rights sensitization, recording of land transactions, resolution of land disputes and collection of land revenues, among others. Some information technology (IT) equipment and logistics have been provided by LAP to these CLSs to undertake these functions. While this has given impetus to attempts at improving customary land administration, the problem of capacity weakness persists in all CLSs. There are skills gaps in key staff positions such as land surveyor, technical officer, ICT officer and field officer and this negatively affects the ability of CLSs to effectively deliver services. Financial limitations prevent CLSs from engaging qualified expertise in their operations. This state of affairs is certain to get worse with the withdrawal of financial support by the Department for International Development (DfID) of the UK to LAP towards improving customary land administration in the country. Given the relevance of the CLS to improving land governance, therefore, finding alternative ways of sustaining CLSs is imperative.

6.2 Way Forward

25

As a way forward, this study proposes a gradual but incremental four-phase developmental process towards sustaining CLSs. The process involves: first, the current situation where the CLSs are in a pilot phase and play a subsidiary role in overall land governance; second, recognition of CLSs as a central and permanent component within land governance and playing a complementary role to the Land Registration Division of the Lands Commission; third, an enhancement of the second phase with improved capacity and responsibilities; and finally, a fully integrated and unified land governance system (Figure 1).

Figure 1: Proposed 4-phase evaluation and development of CLSs

Since CLSs are an integral part of overall land governance, this development cannot be successful without concomitant changes in the land sector agencies and local authorities. For example, recording of land rights and interests must be able to be easily transferred to the Deeds or Title Registries. Therefore processes, procedures and standards must be compatible in the sense of being able to ‘upgrade’ from one to the other where desired or necessary in as efficient a manner as possible. This will require close collaboration and cooperation between the CLSs, OASL and the Lands Commission. This in turn will require a base level of capacity and understanding of land recording and registration concepts, principles and practices.

Inherent in the above development path for CLSs is capacity building and the scaling up of the number of CLSs, with focus on human resource development, i.e. education and skills acquisition for CLS staff. In this regard, a basic course in land management and administration by CLS staff is recommended.

For the above phases to be successfully rolled out, however, it is important that CLSs have a legal basis of existence. Thus, it is recommended that the forthcoming Lands Act makes provision for this.

Another legislative requirement is the need for a constitutional review that will make traditional authorities more transparent and accountable in their land transactions and land revenue utilization. This could be backed by clear rules and guidelines as to the application of land revenues for the wider benefit of society.

It is also important that CLSs adopt a business approach to their activities and therefore ensure their long term financial sustainability. Thus, more sources of income other than service charges and fees are needed to make CLSs financially sustainable in the long term. These could come

26

from traditional authorities and district assemblies applying a portion of their stool land revenues received from the OASL to the work of CLSs in their areas of jurisdiction. A memorandum of understanding (MoU) between parties in this regard could facilitate the process in the various traditional areas.

The CLSs should also be considered for central government budgetary allocation once there is a legal basis for their existence. In this regard, performance contracts could be signed between CLSs and government to justify such central government budgetary allocations.

References

1. Agbosu, L., Awumbila, M., Dowuona-Hammond, C. and Tsikata, D. (2007) Customary and Statutory Land Tenure and Land Policy in Ghana, technical publication No. 70, Institute of Statistical Social and Economic Research (ISSER), University of Ghana, Accra.

2. Alden Wily, L. (2008) Custom and Commonage in Africa Rethinking the Orthodoxies, Land Use Policy, Vo. 25, pp43-52

3. Antwi, Y A. (2006) Strengthening Customary Land Administration: A DFID/World Bank

Sponsored Project in Ghana, paper presented at 5th FIG Regional Conference on the theme: Promoting Land Administration and Good Governance, Accra, Ghana, March 8-11.

4. Bugri, J. T. (2008a) Integrating customary and statutory land tenure practices for sustainable land use and management in north-east Ghana, Journal of Ghana Institution of Surveyors, Vol. 1(2), pp22-40.

5. Bugri, J. T. (2008b) An analysis of rural-urban differences in stakeholders’ perceptions and attitudes towards some tenurial, agricultural and environmental issues in north-east Ghana, Journal of Ghana Institution of Surveyors, Vol. 1 (1), pp 68-75.

6. Brobbey, S. A. (2008) The Law of Chieftaincy in Ghana, Advanced Legal Publications, Accra.

7. CPS/Terradigm (2009) Framework for the Governance and Operations of Customary Land Secretariats, A Consultancy Commissioned by LAP/CLA Unit and conducted by Centre for Property Studies/Terradigm, University of New Brunswick, Fredericton, New Burnswick, Canada.

8. Cotula, L. (ed.) (2007) Changes in “Customary” Land Tenure Systems in Africa, IIED, London.

9. Dale, P. F. and McLaughlin, J. D. (1999) Land Administration, Oxford University Press, New York.

10. Da Rocha, B. J. and Lodoh, C. H. K. (1999) Land Law and Conveyancing in Ghana, Accra, Ghana.

11. Deininger, K. (1998) The evolution of the World Bank’s Land Policy, World Bank Mimeo, Washington, DC.

12. Enemark, S. (2006) Capacity Building for Institutional Development in Surveying and Land Management, 5th FIG Conferences on Promoting Land Administration and Good Governance, Accra, Ghana, March 8-11.

13. Enemark, S. and Williamson, I. (2004) Capacity Building in Land Administration- A Conceptual Approach, Survey Review, Vol. 37, No.294, pp639-650.

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14. FAO (2007) Good Governance in Land Tenure and Administration, FAO Land Tenure series, No. 9, Rome.

15. Firmin-Sellers, K. (1996) The Transformation of Property Rights in the Gold Coast-An Empirical Analysis Applying Rational Choice Theory, Cambridge University Press, Cambridge.

16. Government of Ghana (2003) Project Appraisal Document, Land Administration Project (LAP-1), Ministry of Lands and Forestry, Accra.

17. Groot, R. and van der Molen, P. Eds. (2001) Workshop on Capacity Building in Land Administration in Developing Countries, Final Report on Workshop held at ITC, Enchede, The Netherlands, November 12-15, 2000.

18. Kasanga, K. (2000) Land Policy and National Development in Ghana, Critical Perspectives No. 5, Centre for Democracy and Development, CDD-Ghana.

19. Kasanga R. K (1988) Land tenure and development dialogue: The myth concerning communal landholding in Ghana. Occasional paper 19, Department of Land Economy, University of Cambridge.

20. Kitchin, R. and Tate, N. J. (2000) Conducting Research into Human Geography: Theory, Methodology and Practice, Prentice Hall, Harlow, Essex.

21. Kooiman, J., Bavinck, M., Chuenpagdee, R., Mahon, R. and Pullin, R. (2008) Interactive Governance and Governability: An Introduction, Journal of Transdisciplinary Environmental Studies, Vol. 7 (1), pp1-11.

22. Kooiman, J., Bavinck, M., Jentoft, S. and Pullin, R. (eds.) (2005) Fish for Life, Amsterdam University Press, Amsterdam.

23. Migot-Adholla, S. E. (1999) Principles of the World Bank’s Land Policy, paper presented at DFID Workshop on Land Rights and Sustainable Development in sub-Saharan Africa:Lessons and Ways Forward in Land Tenure Policy, Sunningdale, UK, February 16-19.

24. Ministry of Lands and Forestry (1999) National Land Policy, Accra. 25. Osman, A. (2009) Consultancy Services for Capacity Gaps Assessment of Customary Land

Secretariats, A Consultancy Commissioned by LAP/CLA Unit, Ministry of Lands and Natural Resources, Accra.

26. Tsikata, D. And Yaro, J. (2011) Land Market Liberalization and Trans-National Commercial Land Deals in Ghana since the 1990s, paper presented at the International Conference on Global land Grabbing, Institute of Development Studies, University of Sussex, April 6-8.

27. Toulmin, C. and Quan, J. (eds.) (2000) Evolving Land Rights, Tenure and Policy in sub Saharan Africa, IIED/NRI, London.

28. Ruf, F. (2009) “Abunu” , the Emergence of Plantation sharing Contract in Cocoa: The Ghana case with Cote I’dvoire and Salawesi, CIRAD and GTZ Survey, Provisional Draft.

29. Ubink, J. (2006) Land, Chiefs and Custom in Peri-Urban Ghana, Paper prepared for Presentation to the Workshop on “Indigenous Peoples’ and Community Rights and Tenure Arrangements” as part of the International Conference on Land, Poverty, Social Justice and Development, ISS, the Hague, January 9-14.

30. Ubink, J. M. and Quan, J. F. (2008) How to combine tradition and modernity? Regulating customary land management in Ghana, Land Use Policy, Vol.25, pp198-213.

31. UNDP (2002) Capacity for Development- New Solutions to Old Problems, New York. 32. UNDP (1998) Capacity Assessment and Development: Technical Advisory Paper No. 3.

http/magnet.undp.org/Docs/cap/CAPTECH3.html

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33. UNECE (1996) Land Administration Guidelines, UNECE, Geneva. 34. World Bank (1974) Land Reform, Mimeo, World Bank Development Series, Washington,

DC. 35. Yankson, P. W .K., Asiedu, A. B. and Yaro J. A. (2009) Land Rights and Vulnerability in the

Kete Krachi pilot Customary Land Secretariat Area, Final Research Report, LAP, Accra.

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