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Improving Land Tenure Security in Huambo Angola - Allan Cain, June 2013

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This powerpoint was presented by Development Workshop's Director Allan Cain at the Cities Alliance ULM workshop in Johannesburg on June 14, 2013. Development Workshop argues for Improving Land Tenure Security in Huambo.

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Improving Land Tenure Security in Huambo Angola - Allan Cain, June 2013

  1. 1. Improving Land Tenure Security inHuambo, AngolaPresented to:Tenure Security Facility Southern AfricaCities AllianceUrban LandMark
  2. 2. Legal and institutional context1. Angola was affected by a protracted conflict: the strugglefor independence in from 1961 to 1975 and post-independence civil conflict from 1975 until 2002.2. During this period, much of the population fled from theinsecure rural areas to cities like Huambo where theconflict was most intense.3. Since peace in 2002, significant numbers have returned toHuambo from coastal areas that were relatively saferduring the war.4. During and following the war, peri-urban, informal housingsettlements grew rapidly but legal and administrativeprocedures for managing these areas were not developed.5. There is an absence of up-to-date municipal landcadastres and a registry of housing and real-estate.
  3. 3. Legal Environment• Angola has inherited their legal framework from thePortuguese Civil Code which did not easilyaccommodate itself to African land tenure practice.• The post independence constitution affirmed the Stateto be the owner and manager of land.• Land Laws of 1991 and 2004 affirmed that colonialcadastre as the basis of land titling thereforeweakening traditional land claims and removedprovisions for ‘occupation in good-faith’.• Titles for urban land are only issued in fully urbanisedplanned areas but by-laws for the regularisation ofperi-urban land have still not been published.
  4. 4. Current Oportunities• The Angolan Government hasadopted an ambitious policy that promotes theconstruction of one million houses by 2012• Through this programme the Government aimsto eliminate most slum settlements known asMusseques.• In this process the Government intendsto facilitate self-helpconstruction of 685,000 homes• The Land Law of 2004 reaffirms the authority ofthe state as the primary manager and owner ofall land resources
  5. 5. Increasing Tenure Insecurity for the Poor• The poor often occupy valuable inner-city urban real-estate.• Urban Plans involve Forced Removals of the Poor fromthe Urban Centre and the creation of township-stylesettlments on the perifery on low-valued land.• Expropriation of the poor’s assets deepens poverty.
  6. 6. Research hypotheses1. Entry points to investigate current land managementpractices and the progress of institution-building inthis area are the following:• that management practices in Huambo wereweakened and a low priority given during the years ofconflict (1975 – 2002)• that local municipal administrations have interest indeveloping proper procedures as a basis forgenerating tax revenue based on their new mandateunder Law 7-02• that confusion of institutional roles and competenciesproduce a reversion to informal processes;• that support from central government has beeninadequate.
  7. 7. Project MethodologyThe project has several components:• A legal study including:– examination and of the existing legislation– how legislation is implemented in practice inHuambo– why Municipal Administrations do not followproscribed procedures• A household survey on domestic land acquisition.• Scope of how practices might change & be adapted• Evaluation of the support to MunicipalAdministrations that might be necessary
  8. 8. Legal ToolsThe following are the only legally defineddesignations of formal tenure that have beencodified in the Land Law or Civil Code:a) Precarious (temporary) occupation rightsa) Surface rightsa) Customary useful domain to rural communities(not yet regulated)a) Useful civic domain (not yet regulated)a) Private property rights to urban land (applies toproperties designated during colonial era)
  9. 9. Administrative Tools in Practice inHuambo1. Attestation of Residence – witnessed by 2neighbours2. Declaration of Bairro Commission – witnessed bySoba3. Declaration of Comuna Administration – signed byadministrator.4. Licence of Occupation (Licencia de Arrematação) –valid for 3 years renewable until Title of SurfaceRights is issued.5. Licence for allotment or sub-division - followingmunicipal urban plan6. Licence for delimiting or fencing the site.7. Licence for construction – respecting buildingcodes and local urban by-laws
  10. 10. Land Regularisation DiariesRegistering Land for Formal Housing Regularising Informal LandOccupation
  11. 11. Household land acquisitionsurvey1. Sampling using a GIS-based settlement typology• Formal areasincluding the oldcolonial city• Semi-Formalhousing builtinformally butaligned for futureinfrastructure;• Informal settlementsor musseques whereurban infrastructurenot planned.
  12. 12. Demography & OvercrowdingNúmerodepessoaspordivisãonacadatipologia0,00,51,01,52,02,5FormalHousingSemi-formalHousingInformalHousingPersons per Room
  13. 13. Characterization of SettlementsAverage Household IncomeLength of ResidencyStrength of Tenure RightsLand Values
  14. 14. Documentation & Tenure Claims• In formal housing areas 30% of occupants have noproof of access in 70% have a written purchasecontract, but none with legal titles.• In semi-formal areas 51% have no proof of access, 5%only have a verbal agreement, 37% have a writtencontract and 7% have a licence de arremetação. Thisis the only housing type where this document isfound.• In informal housing areas, 45% have no proof ofaccess, 7% have a verbal agreement, 13% have averbal agreement with witnesses, 3% have a verbalagreement witnessed by officials and 31% have awritten contract.
  15. 15. Claims to legitimacy of occupation• 29% of cases claim that the Soba or bairro coordinatorgave permission.• 5% of respondents say that they had permission fromthe Municipal Government or a Municipal Governmentofficial• 5% of cases in informal housing areas say that the landwas empty at the time of occupying.• 13% of cases feel their occupation is valid in becausethey have a document.• 21% of occupants in informal housing areas feel theiroccupation is valid because the owner gave thempermission to stay.• 24% of occupants in informal housing areas feel theiroccupation is valid because they received an assurancethat it was valid from a friend or family member.
  16. 16. Conclusions on Tenure Security• There is a market in land and plots of land in Huambocity and the scale of this appears to be increasing.• Many of the transactions go unrecorded in informalhousing areas though in other areas they are usuallyrecorded with sales and purchase documents.• The transactions are perceived as secure by anoverwhelming majority of actors,• few transfers can be backed up by legally-defensibledocuments.• Even where the State has been involved in land andhouse distribution, it is arguable whether thedocumentation is complete and legally defensible.• Many of the middle class and elite also not have fulllegal titles to the land and housing they occupy.
  17. 17. Recommendations1. Recognize the right of occupation in ‘good faith’ ,the majority of urban residents purchased or acquiredtheir land through some other legitimate mechanismand most have documents or testimonials to prove it.2. Legalize the principle of incremental tenure,essential aspects are:– Intermediate between full land rights and basicrecognition of occupation– Evolutive through manifestations of these rights tothe full rights;– Defined– with respect to issues of transferability,compensation and limitations
  18. 18. Recommendations1. Right to information into effective practice , theobligation exists for the government and its partners topublicly disclose their plans, interventions, landconcessions and urban upgrading programs.2. Learning through pilot projects , establish themechanisms for gradual evolution of occupation rights totitles.3. Build municipal land information systems (cadastres)map, survey and register with information on each landparcel having a unique identifier . Land informationsystems should be developed incrementally and can inthe future provide information for land taxes ortransferres.4. Secure the land rights of women
  19. 19. Securing Tenure Rights in Huambo• The current Municipal Administration in Huambo hasdemonstrated a willingness to innovate in the practiceof land management and use their administrativeauthority to deal with some of the shortcomings ofAngola’s land legislation.• The Municipality has welcomed DevelopmentWorkshop’s partnership in confronting the backlog ofdecades of accumulated land managementproblems.• Engaged DW to help set up the first municipalcadastre• Training in Open Title an open-source land tenuremapping and recording tool built on the Social TenureDomain Model
  20. 20. The components of the caadastre are; mapping, deliniationof parcel, registering, licencing & archiving.A. Mappinga) Satelite imagesb) Topográfical mapsB. Deliniating parcelsC. RegisteringD. LicencingE. ArquivingCadastre Building with OpenTitle
  21. 21. Geographical Information SystemsDigital Cadastre with GIS
  22. 22. Piloting Land Readjustment inHuamboLand Pooling or readjustment provides a marketmechanism to regularize informal settlements, providingsustainable infrastructure and access to services while atthe same time strengthening the rights of tenure andprotection of assets of the poor. DW has piloted two landreadjustment pilot projects with the MunicipalAdminsitration of Huambo.