Document Type: Monitoring and Evaluation

The key points emerging from the land use and tenure assessment in Let Maung Kway Village Tract are:

1. There is poor infrastructure provision (roads, electricity, irrigation) in all eight villages, but particularly for the northernmost, smaller villages. The villages with the best road access have the opportunity to engage in bamboo ware craft production for the local markets.
2. All eight villages have long settlement histories from at least 100 years ago. All villages have ethnically Taungyo residents. Over time, nearly 50% of the more remote, northernmost villages have migrated down to the plains area near Inle Lake in search of water for better agricultural production. In general, there is no significant pattern of seasonal outmigration although some engage in off-season work in Kachin state.
3. All land in these villages is on public protected forests under Ministry of Natural Resources and Environmental Conservation’s (MONREC) jurisdiction. The cultivated land is all taungya land with no paddy lands being cultivated. Hence, this is a rain fed agricultural system with no supplementary water supply. The primary crops are upland rice, ginger, pigeon peas, and canola. A range of vegetables and fruits are grown on taungya land as well as on home garden lands. The crops are sold in local markets.
4. Villagers are clear, based on mutual understanding, about the boundary demarcations of their villages and household plots. They were not very clear about the village tract boundary. There are no significant conflicts between villagers over taungya land boundaries, or between villages.
5. There is a low level of landlessness among all eight villages (less than ten percent). Most landless families were able to create their own land by clearing forests in earlier times.
6. There appears to be a process of de-gazettement that was commenced about five months ago by Department of Agricultural Land Management and Statistics (DoALMS) together with MONREC. They came to document the land situation and record cropping arrangements. Only those villages in C group of the village tract (smaller than 50 households) have yet to receive a visit from DoALMS.
7. The land market is not active – the area is presently not of interest to buyers. However, given the development of the tourist economy around Inle Lake and the beautiful valley views afforded from some of these villages, it is only a matter of time before the land market starts to gather steam. At present, some villages (the C group) have some excess land which outsiders use, some for a rental fee.
8. There is a very low level of awareness and knowledge pertaining to land and forest rights. As such, most villagers were unaware of the existence of the 2012 Farmland Law, 2012 Vacant, Virgin, and Vacant Lands Management Law, the 2012 Association Law, or the draft National Land Use Policy.
9. All villages have community forestry areas (20-60 acres). Most were formed under agreement (30-year certificates) with MONREC; some, in the smaller, distant villages, were formed by independent organizations. These areas are used primarily for fuelwood supply. The main purpose of these community forestry areas is to support overall improvement in forest cover and condition in the Inle Lake catchment as a result of the substantial siltation problem it faces.
10. Presently, each household makes its own cropping decisions; there is no coordination by village leaders or any land use planning committee. There has been no experience with land use planning in any villages or among the government agencies.

EXECUTIVE SUMMARY

This baseline report corresponds to the impact evaluation (IE) of the Feed the Future Tanzania Land Tenure Assistance (LTA) activity that the Office of Land and Urban in the United States Agency for International Development’s (USAID’s) Bureau for Economic Growth, Education, and Environment commissioned. The evaluation incorporates a randomized controlled trial design to rigorously test how mobile mapping and facilitation of land tenure certification affect income, women’s empowerment, dispute prevalence, and other factors related to land use and tenure security in Iringa District, Tanzania. This document provides findings from the IE baseline, which show a snapshot of key demographics, household characteristics, and outcome variables. The document also investigates the balance between treatment and control groups and revisits the power calculations from the evaluation design proposal using parameters from the baseline dataset.

LTA ACTIVITY DESCRIPTION

Tanzania presents a dynamic land tenure context. All land in Tanzania is owned by the state and held in trust by the president, but individuals residing on or using designated “Village Land” have the right to obtain formal documentation of their tenure rights in the form of a Certificate of Customary Right of Occupancy (CCRO).1 However, insufficient capacity in district land offices (DLOs) that issue CCROs, a lack of funds to pay CCRO fees, unfamiliarity with formal land laws, and other factors have resulted in few villagers obtaining formal documentation for their plots. Increasingly, the Government of Tanzania (GOT) and the donor community are recognizing that improving the security of land rights is essential to protect the rights of smallholders, reduce disputes and tensions, and maximize the economic potential of the region.

USAID/Tanzania awarded the four-year, a $6 million LTA activity to DAI in December 2015 to clarify and document land ownership, support local land use planning efforts, and increase local understanding of land use and land rights in Tanzania. The LTA activity assists villages and the local DLO in Iringa and Mbeya districts in completing the land use planning process and delivering CCROs in select villages. It also includes education on land laws, CCROs, and land management. The LTA activity is using the Mobile Application to Secure Tenure (MAST), an app that facilitates the mapping and CCRO process. The LTA activity will be implemented in 36 villages: 6 that were chosen for initial implementation and the additional 30 as part of the IE in Iringa District, Tanzania.

The purpose of the annual performance report is to “provide a comprehensive annual performance report on all monitoring data and performance metrics collected over the prior fiscal year. The performance report will also describe how the indicator data was used to inform adaptive management of project implementation.” This report is comprised of the following sections:

1. Project Description
2. Project Performance Monitoring and Evaluation Framework
3. Year 1 Performance Summary
4. Project Adaptive Management Framework
5. Year 1 Adaptive Managment Summary
6. Annexes, including status overview of Year 1 work plan activities (as of the end of the reporting period)

As noted above, one of the primary reasons for producing the annual performance report is to present, in a concise manner, all monitoring data and performance metrics collected for the reporting period and infer from that information the performance level of the project during that period. For the first year of the Biodiversity Results and Integrated Development Gains Enhanced (BRIDGE) project (October 1, 2015 – September 30, 2016), strict adherence to this methodology was not possible given that the project did not have an approved set of performance monitoring indicators and metrics on which to report. The absence of such a framework during the year precluded rigorous quantitative data accumulation; however, performance and progress towards meeting project objectives was monitored and captured through the use of activity trackers, biannual progress reports, and the learning annex attached to the end of the Year 1 biannual report.

This research, entitled “The Impact of Gendered Legal Rights to Land on the Prevalence and Nature of Intra- and Inter-Household Disputes” set out to interrogate the changing landscape of gendered land rights in Rwanda, and to examine the impact of the statutory changes introduced by laws governing land, inheritance, succession and matrimonial property passed between 1999 and 2013. In addition to assessing the extent to which gendered, land-related legal provisions are put into practice and rights secured, this research also sought to understand whether changes introduced to the legal framework gave rise to land disputes, and if so, the types of land disputes provoked and whether they involved gender-based violence.

The research team used a mixed methods approach, collecting and triangulating data acquired via household survey, court cases, focus group discussions, and key informant interviews.

The findings demonstrate that land rights in a dynamically changing social and statutory environment can result in inconsistencies, uncertainties and some confusion. This is nowhere more evident than in inter-generational inter vivos land-transfers called “umunani”, which were traditionally gifts of land given to male children, but which are now also accessible to women. Other arenas of contestation relate to the rights of women in legal versus informal marriage, the land rights of widows, and legal co-ownership of land.

Over the last decade, the Government of Rwanda (GoR) has engaged in reforming the land sector through formulation and enactment of an enabling legal framework, establishment of land administration institutions, and land tenure regularization. In 2008, the GoR initiated the Land Tenure Regularization Program (LTRP) with two main objectives: (1) to ensure secure forms of land tenure for citizens and (2) to ensure efficient management and administration of land. The program set up procedures to carry out first-time systematic registration of land in the names of its owners with the aim of creating a complete public record of landholdings.

Based on the National Land Policy of 2004, the envisaged benefits of having a good land administration were included increased security of tenure through clearly and definitively established property rights; reduction of land disputes; open and flexible land market in both urban and rural areas; increased access to credit by ordinary citizens; increased investment on land and improvement of land productivity; augmented government revenue through the collection of land taxes; efficient and decentralized land administration institutions; improved land administration and management through the use of land information; and improved physical planning through the use of a cadastral system. The LTRP substantially concluded in 2013, resulting in the demarcation of about 10.3 million parcels, encompassing the vast majority of private land in Rwanda. This program, seen as ambitious, has become a model for other countries (Ayalew et al, 2012).

Under the Land Law of 2013, all landholders must formally register their land, implying that all land transactions must be registered in the name of the party(ies) acquiring the land for their rights to be upheld. Beginning in January 2010, the GoR launched the Land Administration Information System (LAIS) and migrated data on systematically registered parcels into the system. Under the LAIS, District Land Officer (DLO) are responsible for preparing documents evidencing land transactions for submission to the Registrar of Land Titles, which in turn is responsible for issuing leasehold certificates, widely referred to as “titles.” DLBs are also charged with monitoring land surveying, valuation, and land use (GoR, 2013).

In order for the government to adequately appreciate the effectiveness of the land administration system and resulting certificates of rights, as well as take measures to maximize its effectiveness and accessibility to ordinary citizens, research is needed to better understand the extent to which citizens: 1) are aware of the system and the reasons for registering transactions, and know how to use the system; 2) have easy access to the system in terms of time, procedures, cost, and documentation; and 3) experience the intended outcomes of possessing a land certificate.

The goal of the study on “Access to the Land Tenure Administration System in Rwanda and the Outcomes of the System on Ordinary Citizens” was to build on and improve current knowledge on the above, using evidence-based assessments and analysis of data collected from surveys of ordinary citizens and different stakeholders involved in land administration.

This report is one in a series of documents based on a study of the Implementation of Rwanda’s Expropriation Law and its Outcomes on the Population. The report presents findings from each stage of the study, including a literature review, qualitative research, and extensive quantitative research from a field survey of expropriated households in Rwanda.

Rwanda is developing at a remarkably rapid pace, and with that development has come a multitude of corresponding changes to the orientation and use of land throughout the country. In light of these changes, law n°18/2007 of 19/04/2007 relating to expropriation in the public interest was adopted to provide clear procedures for the government to follow in the taking of privately-owned land for other uses deemed to be in the public interest.

The two major themes of the research are: 1) the implementation of the law from the procedural perspective; and 2) assessing the effects of expropriation law and policy on expropriated households. The procedural rights examined in the research include aspects such as whether the concerned communities were involved in determining the “public interest” nature of the project, and whether expropriated households received sufficiently detailed notice at the proper time to adequately inform them that their properties would be expropriated. Procedural rights also concern whether expropriated individuals were given a fair valuation of their property by impartial valuers, and whether they had an opportunity to challenge aspects of the process they believed violated their rights, as well as whether compensation was provided in the proper time, and to all rights-holders. The assessment of socio-economic impacts of expropriation, the second prong of the research, aims to determine what types of impacts, both positive and negative, expropriation may have had on expropriated individuals’ lives and the communities in which these projects have been implemented. This includes both objective analysis (changes in income, etc.), and subjective analysis (changes in attitudes, perceptions, etc.).

In summary, the data obtained through this study revealed that insufficient and delayed compensation were the most important issues to property owners, government stakeholders, and expropriating institutions, which suggests the possibility for collaborative efforts to decrease delays and improve the integrity of the valuation process. The research also measures the price paid per square meter of expropriated land, revealing expected variations based on the character and location of the land. However, unexpected variations emerged based on the expropriating entity paying the compensation when controlling for the character of the land, project type, and other potentially confounding factors. These arbitrary differences in land values can be addressed by improving the independence of the valuation process and providing improved channels for citizen involvement in the valuation process.

In April of 2015, USAID’s Office of Land teamed up with the World Cocoa Foundation (WCF) and the Ghana Cocoa Board’s Cocoa Research Institute of Ghana (CRIG) to conduct a joint assessment of the land tenure-related constraints to productivity in Ghana’s cocoa sector. The purpose of the assessment was to determine the relationship between land tenure security among Ghana’s cocoa farmers, and overall cocoa productivity; the particular land tenure constraints relevant to the cocoa sector; and possible interventions to improve tenure security for cocoa farmers.

The team’s findings indicate a strong correlation between insecure land tenure arrangements (particularly between landowners and tenant farmers) and reduced farm productivity, specifically related to limited long-term on-farm investments and the uptake of sustainable agroforestry methods. Based on its findings, the team recommends a phased intervention approach that (1) provides a comprehensive baseline understanding of the dynamics surrounding land tenure in the cocoa sector, and (2) targets surgical interventions that can most effectively improve situational tenure security with limited resources.

The team’s findings and recommendations are explored in detail in this report.

The Land Use Consolidation Act (LUC) was introduced in 2008 and is an important component of agricultural policy in Rwanda. As part of the Government of Rwanda’s broader Crop Intensification Program (CIP), LUC entails participating farmers consolidating aspects of their operations with neighboring farmers, while retaining individual ownership of their parcels. LUC farmers also agree to grow a single priority crop that has been identified by the Ministry of Agriculture (MINAGRI) as best suited to local conditions and consistent with Rwanda’s overall agricultural strategy. The rationale for LUC is that joining small plots together to farm as a single unit would deliver important economies of scale in agricultural production, resulting in improvements to efficiency and sustainability, which would in turn boost household well-being and promote greater equity.

LUC is a large-scale initiative, and by 2011 approximately 13% of the total land area under cultivation in Rwanda was under LUC, with approximately 40% of the farmers in the country participating (MINAGRI, 2012). LUC has been implemented to some extent in all districts of Rwanda, and continues to expand to additional areas.

The research builds on existing literatures on several topics relevant to LUC. These include theoretical and historical perspectives on land fragmentation and the process of land consolidation, LUC’s role in the broader context of land reform in Rwanda, and a number of previous studies that have looked at various aspects of LUC.

Skyrocketing land market values, especially in major urban centers, have accompanied the phenomenal economic growth witnessed in Rwanda over the past decade. This has prompted the Government of Rwanda (GOR) to institute various urban land policies. In the period leading to and immediately after the year 2000, Rwanda’s urban areas were characterized by rapid, uncoordinated and uncontrolled urbanization. For example, in 2006 the city of Kigali had a population growth rate of 6 % per annum (Republic of Rwanda, 2000) and 9 % per annum in 2008 (MINIFRA, 2008) – a trend indicating a continued increase in urban population. According to Rwanda’s Vision 2020, accelerating urbanization in Rwanda occurred in a rapid and uncoordinated manner while social services and employment opportunities lagged behind (Republic of Rwanda, 2000).

Vision 2020 (Republic of Rwanda, 2000), the guiding document that charts the country’s development agenda, stipulated that by the year 2010, each city in Rwanda would have a master plan and specific land use management plans to guide the development of basic infrastructure, enable decongestion of agricultural zones – with economic activities planned in a sustainable manner.

Today, those master plans in Rwanda are implemented through the use of zoning regulations specifying the segregation of different land uses (Republic of Rwanda, 2000; Master Plan Kigali City 2003a, 2003b, 2003c). The master plans are in their early stages of implementation and the impacts on the urban population have already been seen in some areas especially in Kigali.

However, previous studies indicate that the informal market in Rwanda is fairly strong and further that the price of land is influenced by among other factors property, location, family relationships, and social obligations (Twarabamenye and Nyandwi, 2012). Although the actual factors that influence urban land prices have only been scantily investigated in the past, no comprehensive study has been conducted countrywide to explore the determinants that affect urban land market prices in Rwanda. Furthermore, there has only been fuzzy information about the trends in urban land values over the past decade. Likewise, no studies have been done to understand the impacts of urban land values and policies on people’s livelihoods in the country.

The main objective of this research is to investigate land market values, urban land policies and their impacts on urban centers in Rwanda. Three (3) specific objectives can be distinguished namely:

1. Evaluating the determinants of urban land markets;
2. Analysis of trends in urban land markets and values; and
3. Assessing impacts of urban land prices and policies.

Rwanda has provided a picture of promising change for improving gender equalities in land rights. This report draws upon extensive qualitative field research in 20 sectors of Rwanda to examine the current state of gendered rights to land in practice. Among Rwandan communities, there is now widespread knowledge of laws granting gender-equal rights. More and more women are receiving inheritance and inter-vivos gifts and are increasingly receiving these in equal shares, while formally married women are exercising greater decision-making power over land held jointly with their husbands. Nevertheless, women in Rwanda still experience several challenges in accessing land and controlling the land that they do have access to. Women continue to lack the necessary bargaining power to claim inheritance and parental gifts of land and to exercise decision-making over land on par with men. Access to unbiased forums for resolving land disputes continues to be a challenge for many women, often dissuading them from claiming their rights. The report concludes with a series of recommendations on how to address remaining gaps and improve women’s rights to land, recommendations that not only extend to policy and law, but also to programs and other investments designed to foster gender justice in Rwanda.