Monday, October 22, 2012

DECENTRALIZED LAND ADMINISTRATION



by Lina Paulitsch

On October 10th 2012 the ministry of lands and natural resources organized an orientation workshop for the Central Regional House of Chiefs and Queen Mothers in Cape Coast, which was honored by Ghana’s Vice President, Mr. Amissah-Arthur.

When it comes to the administration of land and property the government of Ghana faces many difficulties. They are mainly rooted in the complex indigenous system of the Akan that still rules most Ghanaian regions. Selling, allocating and managing land is done by local authorities and, therefore, difficult to control. Building roads, managing agriculture and planning land use in terms of environmental awareness is almost impossible to delegate between different land owners. On the other hand, disrespecting the traditions of the local people, particularly under the colonial government, has only increased the problems and strengthened local resistance.

In Ghana, over 80 per cent of land is owned by individual groups and traditional chiefs, who are officially accepted. The communities have their own socio-political hierarchy, which is structured in five levels: Starting at Village level, the heads of household are ruled by their Village Chief (‘Odikro’). These Chiefs are overpowered by the Territorial Chief (‘Okene’), who is underneath the Paramount Chief (‘Omanhene’). The last and most powerful level is the Head of Confideration (‘Asantehene’). Still, each of the chiefs (‘Nana’) is able to manage land at all five levels.

Equally important is the Queen Mother, who serves not only as a biological, but also a spiritual mother to the Chief. She observes social conditions, presides over all births and menstruation rites and helps selection of a new Chief. However, in spite of her importance, land can only be inherited by male descendants.

Within this complex system conflicts and litigations are likely to arise. As for the lack of official documents, people from different - or even the same - families and villages dispute over physical boundaries of land, fraudulent transactions or double allocation of property. The importance of land varies from one community to another: some think it most important to farm; others construct new buildings, whereas others might be ‘close’ to nature and want to save it. If land use is completely uncontrolled, it easily results in slums or, as opposed to that, in massive exploitation with following soil conservation and environmental problems.  

For a long time in Africa’s history, officials have tried to centralize land use, while neglecting the citizens. Starting with the colonial regime, roads were built without permission, communities were torn apart and land was divided by a straight line drawn on a map, ignorant of the local people’s allegiance. The Europeans oppressed the African population in outrageous ways, destroying culture, land and peoples. But even after the Independence of 1957 the Ghanaian government continued to centralize administrational systems, in spite of local levels.

It was only during the 1990s that the government decided to introduce a decentralized system that would both include government and local authorities in its decisions. Particularly the Central Region’s socio-economic profile is highly important, as the area has large cocoa, timber and food crops industries, and is one of Ghana’s main tourist regions. In 2003 the Ministry of Lands and Natural Resources started the ‘Ghana Land Administration Project (LAP-1)’, which became the first step of trying to improve economic developments and promote social stability by strengthening land administration. LAP-1 focused on changing Land laws and creating several local institutions that would make it easier for local authorities to communicate with the government.

The second phase of the project, called LAP-2, was presented on October 10th 2012 in Cape Coast. The Paramount Chiefs of Central Region, the President of the Central Regional House of Chiefs, the Queen Mothers and many others were invited to get to know the program and familiarize them with future administrational solutions.

Vice President, Mr. Amissah-Arthur
The importance of the event was affirmed by the appearance of the Minister of Lands and Natural Resources, Mike Hammah, and most importantly, the Vice President of Ghana, Mr. Amissah-Arthur. He was welcomed by a cheering crowd that did not want to quiet down, animated by the honor of such an important person. In his speech he assured the Chiefs that the government would consult them and cooperate, when making decisions concerning land use. Furthermore, he emphasized the Central Region’s value in both natural and human resources and promised to improve the standard of education. Undoubtedly, his visit was part of the NDC’s campaign for December’s elections, as he directly addressed the Chiefs to support his visions for the region and people’s living conditions.

The opening address of LAP-2 was held by the Minister of Lands and Natural Resources, Mr. Hammah. He explained LAP-2 aims to consolidate the achievements of LAP-1, while improving communication, transparency and cutting down costs. “The efficiency with which we collectively manage the land determines the pace of our socio-economical development”, he said, referring to the Central Region’s economic importance.


He also mentioned another very important part of the program: LAP’s Gender Strategy. In modern Ghana, women account for 70 per cent of production of subsistence crops and for 90 per cent of laborers in farming. In spite of this fact, women are hardly ever involved in making decisions on land administration. Firstly, Ghanaian women are still poorer and less educated than men, making it harder for them to insist upon their rights and take actions in administrational decisions. Secondly, women suffer under the inheritance system. Generally, people can only acquire land through inheritance; as the patrilineal line in Ghana is of greater importance, women are entirely left out. Fighting this great injustice, the Land Administration Project Unit has launched several initiatives. Their main focus is to raise awareness among the government’s staff and the Traditional authorities, in order to secure women’s rights. For a future decentralized land use system women play a crucial role and shall therefore be seen as an equal part.

LAP-2’s expected results promise a clear and coherent set of Land Administration policies and laws, a decentralized system, which is compatible with both cultural norms and Government policy and efficient administration in terms of land records management and transparent transactions. The promotion of LAP-2 was therefore a very important step in building trust between Traditional and official authorities: A country can never improve when it does not take local people and traditions into account. Mr. Hammah, Minister of Lands and Natural Resources said:  “We shall count on your [the Chiefs’] cooperation in our common determination to ensure a decent, transparent, sound and efficient land tenure system devoid of acrimony and disputes for the good of our country, Ghana.”

No comments:

Post a Comment