Ghana - Land Administration Project

25031 THE WORLD BANK GROUP InfoShop 11 r^ .f' I 11 11 Integrated Safeguards Data Sheet (Initial) Date ISDS Prepared/Updated: 10/21/2002 Section I - Basic Information A. Basic Project Data Country: GHANA Project ID: P071157 Project: Ghana Land Administration Project Task Team Leader: Solomon Bekure Authorized to Appraise Date: November 15, 2002 IBRD Amount ($m): Bank Approval: June 15, 2003 IDA Amount ($m): 25.00 Managing Unit: AFTR2 Sector: General agriculture; fishing and forestry Lending Instrument: Specific Investment Loan (SIL) sector (100%) Status: Lending Theme: Land management (P) I.A.2. Project Objectives: The overall goal of the proposed project is to stimulate economic development, reduce poverty and promote social stability. The specific objectives will be improving security of tenure, simplifying the process for accessing land by the populace, and developing the land market and fostering prudent land management. These objectives will be achieved through (a) harmonization of land policies and the legislative framework for sustainable land administration; (b) long-term institutional reform and development for land administration; (c) establishment of an efficient and transparent system of land titling, registration, and valuation; and (d) issuance and registration of land titles in selected urban and rural areas as a pilot to test (b) and (c) above and innovative methodologies, including community level land dispute resolution mechanisms. The project is the first phase of the government's long-term land administration reform program to be implemented over 15 years. The long term program would result in: * A clear coherent and consistent set of land administration policies and laws; * Formal recognition of the rights of all categories of land holders and facilitation of recording of these rights in an enhanced and decentralized land administration system; * An efficient decentralized land administration system operating throughout Ghana in accordance with Government policy and compatible with cultural usage and responsive to the needs of the people, within a self sustaining financing mechanism; * An up to date efficient land information system that supports good land records management and transparent transactions in land; and * A well functioning land market operating in both urban and rural areas. I.A.3. Project Description:  2 ISDS The Ghana Land Administration Project will comprise the following components: Component 1: Harmonizing Land Policy and Regulatory Framework for Sustainable Land Administration a. Revisions of laws and regulations for an effective and efficient land administration; b. Establishment of land tribunals and developing alternative land dispute resolution mechanisms; c. Inventory of all acquired State lands and determination of outstanding compensation; and d. Policy studies: i. Land tenure registration to formulate government policy on what rights will be registered on land titles. ii. Finance and fees structure of land administration system to formulate government policies on fees and taxes for registration of land transactions taking into account the users willingness to pay, maximizing government revenues from land taxes, and correcting land market distortions. iii. Gender study and analysis. Component II: Institutional Reform and Development a. Restructuring of public sector land agencies; b. Decentralizing and strengthening land Administration services; c. Strengthening customary land secretariats; d. Strengthening private land sector institutions; and e. Strengthening land administration and management training institutions Component III Improving Land Titling, Registration, Valuation and Information Systems a. Development of Cadastre and Land Information Systems; b. Cadastral Mapping; c. Establishment of model land titling and registration offices; d. Improvement of deed and title registration; and e. Alternatives to land valuation and collection of land fees Component IV: Land Titling Program a. Pilot projects in demarcation and registration of allodial land boundaries; and b. Pilot systematic land titling and registration. Component V: Project Management, Monitoring and Evaluation a. Project coordination and management; b. Human resources development; c. Community outreach and public relations; and d. Monitoring and evaluation and impact assessment. I.A.4. Project Location: (Geographic location, information about the key environmental and social characteristics of the area and population likely to be affected, and proximity to any protected areas, or sites or critical natural habitats, or any other culturally or socially sensitive areas.) The project will be implemented in Accra and Kumasi and selected rural areas in Ashanti, Greater Accra, Upper East and Volta Regions. The project would not impinge on any protected areas or sites or critical natural habitats or any other culturally or socially sensitive areas. B. Clheck Environmental Classification: B (Partial Assessment)  3 ISDS Comments. The major components of the proposed project are environmentally benign and do not present any major safeguard issues. The project's environmental classification is rated B because of the civil works involved in the project and the need to conduct a social impact analysis on the interventions of the project. C. Safeguard Policies Triggered Policy Applicability Environmental Assessment (OP/BP/GP 4.01) 0 Yes 0 No 0 TBD Forestry (OP/GP 4.36) ID Yes * No 0 TBD Natural Habitats (OP/BP 4.04) 0-.Yes 0 No CS TBD Safety of Dams (OP/BP 4.37) Q Yes * No C TBD Pest Management (OP 4.09) O Yes * No ' TBD Involuntary Resettlement (OP/BP 4.12) C Yes * No C0 TBD Indigenous Peoples (OD 4.20) O Yes * No C' TBD Cultural Property (OP 4.11) C Yes * No C, TBD Projects in Disputed Territories (OP/BP/GP 7.60)* 0 Yes * No C{ TBD Projects in International Waterways (OP/BP/GP 7.50) 0 Yes 0 No 0 TBD *By supporting the proposed project, the Bank does not intend to prejudice the final determination of the parties' claims on the disputed areas Section II - Key Safeguard Issues and Their Management D. Summary of Key Safeguard Issues. Please fill in all relevant questions. If information is not available, describe steps to be taken to obtain necessary data. II.D. I a. Describe any safeguard issues and impacts associated with the proposed project. Identify and describe any potential large scale, significant and/or irreversible impacts. The major components of the proposed project are environmentally benign and do not present any major safeguard issues. Office buildings will be constructed for the: * headquarters of the public land sector agencies in Accra and for their regional office in Kumasi; * classroom and laboratory at the Kwame Nkrumah University of Science and Technology; and * offices for the customary land administration secretariats in Accra, Kumasi and a few other selected towns. The sites of these civil works would be on lands belonging to the government, university and traditional authorities. No involuntary acquisition of land is foreseen. Lands belonging to the university and the traditional authorities are free of any squatters. If it is necessary for some squatters to be moved from govemment lands, a resettlement framework and compensation plan would be prepared prior to project appraisal. A key to the success and sustainability of the program will be to provide land tenure services to the public that are viewed as fair and equitable to all classes in society. There are major social issues that need to be tackled. First, the fear that the traditional authorities may lose power and control over land matters in the process of land titling, registration and land administration needs to be forestalled. This would require considerable consultation with them and studying the roots of their concerns and develop strategies on how to bring them on board and how their full participation in the land administration system can be co-opted. Second, there may be fear of land alienation from minority and disadvantaged social groups. These need to be flushed out and mitigation measures included in the design of the land administration system. Third, there are cases in which the State has acquired land from communities for which it has not paid compensation, or is using the land for purposes other than those it was acquired for, or has subleased the land to other parties. Such communities may object the land being registered in the  4 ISDS name of the State. The extent of such conflicts with the State needs to be determined and strategies prepared for their amicable resolution. Fourth, there are many land disputes under litigation. The causes and magnitude of these disputes need to be assessed and mechanisms designed on how to resolve them. Fifth, systematic land titling and registration will facilitate transfer of ownership and usufruct rights that may encourage speculation in land markets resulting in high land prices, promoting landlessness and/or preventing access of the poor to rural and urban land. Sixth, farmers near peri-urban areas may be endangered of losing their lands as urbanization engulfs their areas and land values increase. Very often, they are given compensation only for the improvements they have effected on the land, but not for the inconvenience of finding new land and relocating there. Ways of reducing such social tensions and protecting the rights of evicted tenants needs to be studied and means of mitigating their adverse social effects included in the project design and implementation scheme. II.D.Ib. Describe any potential cumulative impacts due to application of more than one safeguard policy or due to multiple project component. The proposed project will facilitate more secure land tenure arrangements and dynamic land markets, that are conducive to investment in land improvement and better land management techniques, resulting in positive environmental impact. Transparent and efficient land administration systems and coherent and transparent land management policies will provide incentives for investment in improved long-term land use such as soil conservation and tree crop production in rural areas and investment in environmental infrastructure such as improved kitchen and bathrooms in urban areas. Project outputs including spatial data such as aerial photographs and cadastral maps will be useful inputs into environmental management. The demarcation of forest and wildlife reserves and gazzettment of globally significant biodiversity areas (GSBAs) is being carried out by a separate IDA financed Natural Resources Management Project and the GEF supported Forest Biodiversity and Savanna Biodiversity Protection Projects. These maps would be very useful to this project's activities. II.D.lc Describe any potential long term impacts due to anticipated future activities in the project area. No long term adverse impacts are foreseen. II.D.2. In light of 1, describe the proposed treatment of alternatives (if required) II.D.3. Describe arrangement for the borrower to address safeguard issues Environmental and social assessments will be undertaken during project preparation and appropriate mitigation plans will be incorporated in the design of the project. Environmental impact assessment of the specific sites for civil works activities will be made to determine if these would cause any negative environmental and social impacts. Wherever such adverse impacts are perceived, mitigation plans would be prepared to ensure these are checked. In the event people would be dislodged in the process of land acquisition, the mitigation plan would include an adequate resettlement and compensation plan for any loss of homes, buildings economic activities and/or loss of other resources. II.D.4. Identify the key stakeholders and describe the mechanisms for consultation and disclosure on safeguard policies, with an emphasis on potentially affected people. A stakeholder analysis will be conducted as part of project preparation. The major known stakeholders include all land agencies, Ministries of Food and Agriculture, Trade & Industry, Mines & Energy, Local Government, Works & Housing and Environment, Science & Technology. Traditional rulers through the various Houses of Chiefs, land research institutions and the general populace. The nature of land  5 ISDS registration using the systematic approach would be highly participatory. At each stage of surveying and adjudicating on parcels, land owners together with the immediate neighbors and the local customary head or representative converge on the land after due effective publication and reach consensus regarding their boundaries. This approach is transparent. Where disputes are not resolved on the site they are referred to the courts for adjudication. To avoid intimidation of marginalized groups during this stage, the project preparation will take into account measures to prevent such occurrences. Social studies to be conducted periodically during the project will uncover excluded groups for remedial actions to be taken. The environment impact assessment report will be disclosed in-country prior to Appraisal. E. Safeguards Classification. Category is determined by the highest impact in any policy. Or on basis of cumulative impacts from multiple safeguards. Whenever an individual safeguard policy is triggered the provisions of that policy apply. S ] S1. - Significant, cumulative and/or irreversible impacts; or significant technical and institutional risks in management of one or more safeguard areas [X] S2. - One or more safeguard policies are triggered, but effects are limited in their impact and are technically and institutionally manageable [ ] S3. -No safeguard issues ] SF. - Financial intermediary projects, social development funds, community driven development or similar projects which require a safeguard framework or programmatic approach to address safeguard issues.  ISDS F. Disclosure Requirements Environmental Assessment/Analysis/Management Plan: Expected Actual Date of receipt by the Bank 10/25/2002 Date of "in-country" disclosure 11/21/2002 Date of submission to InfoShop 11/26/2002 Date of distributing the Exec. Summary of the EA to the ED Not Applicable Not Applicable (For category A projects) Resettlement Action Plan/Framework: Expected Actual Date of receipt by the Bank Not Applicable Not Applicable Date of "in-country" disclosure Not Applicable Not Applicable Date of submission to InfoShop Not Applicable Not Applicable Indigenous Peoples Development Plan/Framework: Expected Actual Date of receipt by the Bank Not Applicable Not Applicable Date of "in-country" disclosure Not Applicable Not Applicable Date of submission to InfoShop Not Applicable Not Applicable Pest Management Plan: Expected Actual Date of receipt by the Bank Not Applicable Not Applicable Date of "in-country" disclosure Not Applicable Not Applicable Date of submission to InfoShop Not Applicable Not Applicable Dam Safety Management Plan: Expected Actual Date of receipt by the Bank Not Applicable Not Applicable Date of "in-country" disclosure Not Applicable Not Applicable Date of submission to InfoShop Not Applicable Not Applicable If in-country disclosure of any of the above documents is not expected, please explain why. Signed and submitted by Name Date Task Team Leader: Solomon Bekure 10/18/02 Project Safeguards Specialists 1: Dan R. Aronson/Person/World Bank Project Safeguards Specialists 2: Serigne Omar Fye/Person/World Bank Project Safeguards Specialists 3: Approved by: Name Date Regional Safeguards Coordinator: Charlotte S. Bingham 10/21/02 Sector Manager/Director: Joseph Baah-Dwomoh 10/18/02 For a list of World Bank news releases on projects and reports, click here ,,A~H? _~EDSACk _ ____ . . _ ._ _ _.