Professional Documents
Culture Documents
Issifu, Abdul Karim (M.Phil. Student) Institute for Development Studies, University of Cape
Coast, Ghana. Email: akissifu@gmail.com +233 243133069
2015
Abstract
It is captured on record that land administration in Ghana is governed by both customary
practices and enacted legislation. In spite of the seemingly perfect blend of customary
practices and formal land administrative machinery on the ground to ensure security of
tenure, the land sector in Ghana is beset with a myriad of problems. There is general
indiscipline in the customary land markets, which is characterized by land encroachment and
multiple land sales, weak land administration system etc. It is against this backdrop that the
Land Administration Project (LAP) has made attempts thereby establishing the CLS to help
solve the myriad of challenges facing customary land administration in Ghana. The basis for
the establishment CLS sought to strengthen the customary land management processes to
help bring sanity in customary land owning communities and the customary land market.
Since its inception CLS have chocked a number of successes including the enumeration of
properties and recovery of land records. Notwithstanding the achievement of the CLS, it is
also bedevil with certain challenges including the misunderstanding of the CLS concept
where a major problem facing the secretariat is that many Ghanaians have not come to
appreciate the essences of the CLS and its rationale for land management and development.
This is why, it is recommended that donor agencies, government and Civil Society
Organisations (CSOs) should help address some of the major challenges facing the CLS
thereby strengthening their support base and commitment to CLS in order to increase their
(CLSs) job satisfactions which will boost the staff morale and motivate them to efficiently
deliver.
INTRODUCTION
It is almost hackneyed to say that land is the greatest resource that society has.
Therefore, access to land and secured land rights are instrumental to the socio-economic
development of a village, town/city, or nation. In Ghana, land is largely owned by private
groups and individuals under traditional arrangement. These groups own and control about 80
per cent of the land mass and basically determine who has access to what parcel of land and
for how long. Ownership of these lands is vested in traditional political institutions or
structures, headed by chiefs, clan and family heads or Tendamba; in the case of northern
Ghana, as the case may be. Technically, the heads of these institutions are supposed to hold
and manage land resources for and on behalf of the entire land owning group under
customary rules and regulations. The management of customarily owned lands has been the
preserve of these traditional political institutions with the state having an oversight regulatory
responsibility.
Land administration in Ghana is governed by both customary practices and enacted
legislation. There are two principal types of land ownership in Ghana. These are the public or
state lands and private or customary lands. Public or state lands are lands that have been
acquired by the state through its power of eminent domain. These lands are vested in the
president and held in trust by the state for the people of Ghana. Customary lands are vested in
chiefs and clan/families. Chiefs are recognised as traditional political heads of centralised
communities. Thus, land administration in the country covers a range of formal systems
established by state institutions to record rights to land and informal customary administered
systems that allocate, disposes and records land rights.
The formal system is regulated and managed by state land sector agencies. These
include the Lands Commission and its various divisions, and the Office of the Administrator
of Stool Lands (OASL). The informal system is manned by traditional political systems
regulated by customary laws. Two systems are identified under the informal land
administration system. These are the Stool/Skin land ownership and the family/clan or
Tendamba systems.
In spite of the seemingly perfect blend of customary practices and formal land
administrative machinery on the ground to ensure security of tenure, the land sector in Ghana
is beset with myriad of problems. These include general indiscipline in the land market which
is characterised by land encroachment and multiple land sales, use of unapproved
development schemes, haphazard development, indeterminate boundaries of customary lands,
a weak land administration system and conflicting land uses and time-consuming land
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litigation in courts. It is against this backdrop that the Land Administration Project (LAP) has
made attempts thereby establishing the CLS to help solve some myriad of challenges facing
customary land administration in Ghana.
In the next sections, I have discussed in details the evolution of LAP and CLS and
how it has come to help solve some of the myriad of challenges facing land administration in
Ghana. I have comprehensively explained functions of CLS, its objectives, the mandate, its
achievements, challenges and the way forward.
and 2010. The second phase of the Project- LAP-2, launched in September 2011, has
established ten (10) more CLSs to bring the number to forty seven (47); Greater Accra five,
Ashanti Region eight, Brong Ahafo five, Northern five, Upper East five, Upper West four,
Central four, Eastern region four, Volta region three, Western region four, a clear indication
that the project is poised to exceed its original target of setting up fifty (50) of such
secretariats by the end of the second phase in 2016 (Ministry Of Lands And Natural
Resources, 2011). In the next section, I have discussed in details the establishment of CLS, its
functions, achievement, and the failures.
COMPONENTS OF LAP
Basically, there are four major components of the project designed to help ensure successful
achievement of the project objectives. They include;
FUNCTIONS OF CLS
As part of the commitments to ensure sanity in land administration in Ghana, CLS performs a
number of functions.
These functions include;
Provision of information about the land owning community to the public.
Provision of land information to the public ownership, rights, use, etc.
Keeping and maintaining accurate and up to date land records.
Keeping records of all fees and charges associated with land grants.
Liaising with Plot Allocation and Town Development Committees to ensure that
development conforms to planning schemes/layouts or as agreed by the Community
at the local level.
Receiving all correspondence on behalf of the Land Management Committee.
Serving as the link between the land owning community and the public sector land
agencies, District/Municipal/Metropolitan Assemblies (MMDAs), Environmental
Protection Agency (EPA).
Serving as the link between an applicant and the Land Management Committee.
Preparing accounts of all income and expenditure.
Preparing periodic reports on all activities of the secretariat and promotes Alternative
Dispute Resolution (ADR) and keep records on land related disputes settled at the
local level through ADR. The above listed are not exhaustive of all the functions of
CLS.
However, the CLS cannot be discussed in isolation to the functions of the Land
Management Committees (LMC). In order to ensure effective administration and
accountability to the customary land owners, the CLS work under the direct supervision of
the LMCs of the various jurisdictions. The LMCs are constituted by the customary land
owners and membership includes representatives of the community plus other professionals
such as lawyers, surveyors, valuers, planners etc. Among the functions of the LMC are first,
exercising general oversight responsibility over the operations of the CLS. Second, offer
policy direction. Third, hire all categories of staff of the CLS and to fire any such personnel
where necessary. Fourth, determine salaries and allowances for CLS staff. Fifth, offer
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guidelines for determination of drink money and ground rent. Sixth, resolve land related
disputes through ADR and finally perform any other functions to be determined from time to
time by the customary land owning group.
ACHIEVEMENTS OF CLS
Even though it is too early to assess the full impact of CLS in customary land
administration and the intended linkages with the national level land administration
machinery, progress made in some of the pilot areas signals the potential of the CLS as a
solid foundation upon which sound national land administration systems could be developed.
The following are some of the achievements made so far:
First, recording of land transaction, currently, six existing CLS have recorded 8,000
land transactions. This development offers the customary land owners the opportunity to keep
track of all land grants emanating from their respective areas. It also enables them to link the
grantees to the public land sector agencies for official registration of the transaction.
Generally, the establishment of the CLS has significantly helped strengthen cohesion among
land management systems and ensured a greater level of accountability among these
institutions, while lowering cost of land transactions, easing the difficulties of information
flow, generate additional land revenue, making clear the procedures and processes of land
acquisition within the respective traditional areas among others (DFID, 2004).
Second, the enumeration of properties and recovery of land records; as part of the
process of building land database for the customary authorities, the LAP is facilitating
cataloguing of properties in the existing CLS areas, either urban or rural. The emphasis here
is on the dominant land use in the CLS area. For example, in Wassa Amenfi (in the Western
Region) - predominantly rural area, the CLS has catalogued about 16,000 providing both
feature and spatial information on the farms. The boundaries of these farms have been
surveyed in a process involving all persons sharing common boundaries. In other instances,
the CLS have catalogued townships, based on town development schemes, to establish the
rights and interests of community members. An important opportunity offered by this
exercise is the identification of the varied rights and interests in different areas and the threat
of diminution of customary freehold through the grant of leasehold title to the subjects of the
land owning group and the need for policy interventions. To address this issue, the project
has constituted a Land Rights Committee (LRCs) to develop appropriate instruments for
recording customary freehold interests.
and time of doing business as regards to land title and deed registration, and decentralising
land administration for an efficient, transparent and sustainable land system for Ghana. The
project, which has been set in phases, was to have fifty CLSs dotted across the country with
OASL mandated to set up these offices. Under the first phase of the project, thirty seven (37)
customary land secretariats were established between 2003 and 2010. The second phase of
the Project- LAP-2, launched in September 2011, has established ten (10) more CLSs to bring
the number to forty seven (47); a clear indication that the project is poised to exceed its
original target of setting up fifty of such secretariats by the end of the second phase in 2016
(Ministry Of Lands And Natural Resources, 2011).
Sixth, facilitate greater awareness of land rights and responsibilities among the
vulnerable, women very poor landless families and tenants as well as facilitate greater
accountability in the use of land revenue and resources as well as the interface developed
between land registration agencies and the CLS which has reduced the frustration of
individuals seeking registration services and have led to a streamlining of processes and
procedures.
and places of work because there is no financial resource to cater for that hence making them
unable to function right.
Also, CLS is faced with several equipment and logistics challenges. There are
inadequate equipment and training facilities to empower the secretariat to work effectively
and efficiently. They have inadequate vehicles to transport them to and from the fields to
carry out monitoring and evaluation exercises. More so, there are a few staff employed
meanwhile these limited staffs are not well resourced with the adequate skills and
experiences to enable them to be effective enough to contribute to productivity.
Furthermore, there is another challenge of unspecified roles and responsibilities
towards the functioning of the office. LAP argues that the CLS is for the community. But
who is the community? It is true that a number of stakeholders could play a role to get the
CLS functioning but who does what? And who takes the lead in organizing these
stakeholders? These questions have become a problem that needs to be answered.
Besides, lack of formal reporting and communication structure is another problem
faced by CLS. The question of who should the CLS report to is a problem that needs an
immediate answer. Currently there is no official line of reporting and communication
channels and the challenge is that whoever needs any information uses contacts with the
staffs to get the information. However, this information is not coordinated to give a proper
overview of events. Finally, the problem of inadequate revenues and poor staffing as well as
the lack of the appropriate responsibility towards staff of the CLS is another big challenge
facing the CLS. There is no formal appointment to the staff and any standing salary, etc. The
question of who their employer is needs to be answered.
of CLSs which will boost the staff morale and motivate them to efficiently deliver whereas
the Lands Commission should effectively and formally build CLSs into the LA system.
Furthermore, establishment of future CLSs should be demanddriven and establish
criteria should be adhered to so that adequate funding can be internally generated to keep the
secretariat running. Above all, government should encourage adequate recruitment of more
skills personnel who are well endowed with development planning skills as well as
encouraging traditional authorities should to take ownership.
CONCLUSION
In Ghana, land is largely owned by three groups; customary owned 78 per cent,
government owned 20 per cent and 2 per cent on a partnership basis between governments
and customary land ownership (Larbi, 2008). It is captured on record that land administration
in Ghana is governed by both customary practices and enacted legislation. In spite of the
seemingly perfect blend of customary practices and formal land administrative machinery on
the ground to ensure security of tenure, the land sector in Ghana is beset with a myriad of
problems. There is general indiscipline in the customary land markets, which is characterized
by land encroachment and multiple land sales, indeterminate boundaries of customary lands,
a weak land administration system and conflicting land uses and time-consuming land
litigation in courts.
It is against this backdrop that the Land Administration Project (LAP) has made
attempts thereby establishing the CLS to help solve the myriad of challenges facing
customary land administration in Ghana. The basis for the establishment CLS sought to
strengthen the customary land management processes to help bring sanity in customary land
owning communities and the customary land market. Since its inception CLS have chocked a
number of successes including the enumeration of properties and recovery of land records.
Notwithstanding the achievement of the CLS, it is also bedevil with certain challenges
including the misunderstanding of the CLS concept where a major problem facing the
secretariat is that many Ghanaians have not come to appreciate the essences of the CLS and
its rationale for land management and development. This is attributed to the fact that the
government has not done enough work to educate the public about the essence of the CLS.
This is why, it is recommended that donor agencies, government and Civil Society
Organisations (CSOs) can help address some of the major challenges facing the CLS thereby
strengthen their support base and commitment to CLS in order to increase their (CLSs) job
satisfactions which will boost the staff morale and motivate them to efficiently deliver.
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REFERENCES
Ampadu, R. A. (2013). Finding the middle ground: land tenure reform and customary claims
negotiability in rural Ghana. Research School for Resource Studies for
Development, Netherlands.
Bugri, J. (2012). Sustaining customary land secretariats for improved interactive land
governance in Ghana. World Bank Conference on Land and Poverty, Washington
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DFID, (2004). Project memorandum: Ghana land administration project institutional reform
and development: Strengthening Customary Land Administration. Accra, Ghana.
Drama Network (2011). Training of trainers manual for the Customary Land Secretariats.
Larbi, O. (2008). Compulsory land acquisition and compensation in Ghana: Searching for
alternative policies and strategies. FIG/FAO/CNG International Seminar on State
and Public Sector Land Management, Verona, Italy.
Ministry of Lands and Natural Resources (2011). Land Administration Project. Phase II.
Ubink, J. M. and Quan, J. F. (2008). How to combine tradition and modernity? Regulating
Customary Land Management In Ghana Based on Land Use Policy 25 (2), p. 198213.
Yankson, P.W.K. (2009). Land rights and vulnerabilities in the Kete Krachi pilot customary
land secretariat area. Final Report, Department of Geography and Resource Development,
University of Ghana, Accra.
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