NONTECHNICAL PATHWAYS AS COMPLEMENTS TO REDUCING CORRUPTION IN

NON–TECHNICAL PATHWAYS AS COMPLEMENTS TO REDUCING CORRUPTION IN LAND GOVERNANCE INSTITUTIONS IN AFRICA Ibrahim Mwathane, LDGI, Nairobi, Kenya Abidjan, Cote D’Ivoire, Nov 2019

Outline #CLPA 2019 1. Introduction 2. Corruption in Land governance 3. Technical options 4. Limitations and challenges 5. Non-technical Options 6. Conclusion 2

Introduction #CLPA 2019 Good Land Governance q Equitable access to land, q Functional institutions q Optimal land use q Efficient, reliable dispute resolution Weak Land Governance v Corruption 3

Corruption in LG: Some effects #CLPA 2019 Inefficient technical processes Poor public service Stunts career growth of land professionals Increased costs of doing business Skewed resource distribution Sub-optimal land use Slow economic development 4

Characteristic of weak institutional governance Political interference Absence of policy Absence of enabling law and regulations Remedy drivers � � � Executive Line Ministry Parliament #CLPA 2019 Absence of land use plans and guides � Line Ministry Grabbing of public and community land Poor land use � � Line Ministry & state agencies Traditional authorities Unavailable information Delayed or poor services Informal payments Destruction and misplacement of records Incorrect records or information Overstated and understated land values Preferential land distribution � � � Line Ministry Investigation agencies Judicial organs Professional bodies Land owners Traditional authorities 5

Rampant disputes Lengthy court cases � � Line Ministry Judicial organs Inadequate technical capacity Low uptake of technology Poor staff attitudes and culture Poorly motivated staff , without commitment to integrity and ethics Poor infrastructure and security of records Absence of internal assessment and appraisal mechanisms Lack of codes of conduct and service charters � Line Ministry #CLPA 2019 6

Technical Options #CLPA 2019 Re-engineer technical processes Harness technology q Data capture q Data input q Data processing q Data dissemination q Link attribute & spatial databases 7

Target Services #CLPA 2019 1. Submission & processing of field records 2. Purchase of maps 3. Official searches (ownership record) 4. Official payments (rates, transaction fees, tax) 5. Property conveyance; 6. Development applications & approval 7. Lease extension 8

Technical Options: Limitations & Challenges Limited funds Poor staff integrity Incorrect data Deleted data Altered data Coercion for informal payments Data not backed up-deliberate loss #CLPA 2019 9

#CLPA 2019 NON-TECHNICAL OPTIONS 10

Universities and other training institutions #CLPA 2019 q Contemporary environment and needs different q Traditional technical courses (planning, surveying, law, land management, economics) still relevant q Other soft skills desirable q Good grounding in professional ethics for graduates q Short courses for practitioners, with ethics as part of menu q Review of curricula where necessary (See ALPC guidelines) 11

Professional Associations #CLPA 2019 q Welfare & professional progression of professionals q Have binding codes of conduct q Well placed to influence professional conduct & practice of members q Organise Cont Prof Dev (CPD) for members q Incentives: Can recognise and reward ethical practitioners q Deterrent: Can censure, suspend & expel those in breach q Work in collaboration with statutory agencies 12

Regulatory Agencies #CLPA 2019 q Statutory powers q Admission, monitoring & regulation of practising professionals q Enforce standards & code of conduct q Collaborate with professional associations q Can harness workshops/seminars q Need technical and financial support by line ministries 13

Investigative Agencies #CLPA 2019 q Ensure competence: q Understand technical & complex processes q Undertake thorough investigations q Use of experienced and ethical professionals (lawyers, valuers, surveyors, planners, IT) q Avoid prosecuting weak cases (can promote impunity) 14

Senior managers : effective oversight #CLPA 2019 q Induction (culture, values, standards, policy) q Use of mentors for young graduates q In-service training (ethics, laws, procedures, policy, technology) q Periodic appraisal (performance, promotion) q Service Charters (targets, timelines) q Recognise/reward good performance; censure/punish unethical and corrupt practice 15

Conclusion #CLPA 2019 q Technical options, such as computerization of processes and use of modern technology in the capture and dissemination of data, are good and are encouraged in land administration q These options must however be underpinned by the nontechnical complementary paths such as inculcating ethics and sound professionalism through training, and the use of vehicles such as professional associations, statutory bodies, investigative agencies and well managed land institutions. 16

E N D #CLPA 2019 T H A N K Y O U! 17