Implementation Completion and Results Report (ICR) Documentdocuments.worldbank.org/curated/en/412551541437704397/... · 2018-11-12 · document of the world bank for official use

Document of

The World Bank FOR OFFICIAL USE ONLY

Report No: ICR00004453

IMPLEMENTATION COMPLETION AND RESULTS REPORT

IDA-48700

ON A

CREDIT

IN THE AMOUNT OF SDR 32.1 MILLION

(US$46.79 MILLION EQUIVALENT)

TO THE

REPUBLIC OF GHANA

FOR THE

Land Administration Project – 2

October 19, 2018

Social, Urban, Rural And Resilience Global Practice

Africa Region

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CURRENCY EQUIVALENTS

(Exchange Rate Effective March 31, 2018)

Currency Unit = Ghana Cedi (GHS)

GHS 0.224 = US$1

US$1 = GHS 4.46

January 1 to December 31

Regional Vice President: Hafez M. H. Ghanem

Country Director: Henry G. R. Kerali

Senior Global Practice Director: Ede Jorge Ijjasz-Vasquez

Practice Manager: Jorge A. Munoz

Task Team Leader(s): Victoria Stanley

ICR Main Contributor: Gavin P. Adlington

ABBREVIATIONS AND ACRONYMS

ADR Alternative Dispute Resolution

AF Additional Financing

AMA Accra Metropolitan Assembly

APL Adaptable Program Loan

CAMA Computer-Aided Mass Appraisal

CAS Country Assistance Strategy

CBA Cost-Benefit Analysis

CBR Cost-Benefit Ratio

CIDA Canadian International Development Agency

CLS Customary Land Secretariat

CORS Continuously Operating Reference System

CPS Country Partnership Strategy

CSAU Client Service Access Units

CSO Civil Society Organization

EFA Economic and Financial Analysis

ERR Economic Rate of Return

FAO Food and Agricultural Organization of the United Nations

FRR Financial Rate of Return

GCAP Ghana Commercial Agriculture Project

GDP Gross Domestic Product

GELIS Ghana Enterprise Land Information System

GHC Ghanaian Cedi

GIS Geographic Information System

GOG Government of Ghana

GRN Geodetic Reference Network

IA Implementing Agencies

ICR Implementation Completion and Results Report

IDA International Development Association

IEG Independent Evaluation Group

IRR Internal Rate of Return

ISR Implementation Status Report

IT Information Technology

JICA Japan International Cooperation Agency

LAP1 First Land Administration Project

LAP2 Second Land Administration Project

LC Land Commission

LI Legislative Instrument

LIS Land Information System

LUPMIS Land Use Planning and Management Information System

LUSPA Land Use and Spatial Planning Authority

M&E Monitoring and Evaluation

MESTI Ministry of Environment, Science, Technology and Innovation

MLNR Ministry of Land and Natural Resources

MTR Mid-Term Review

NDPC National Development Planning Commission

NPV Net Present Value

NSDF National Spatial Development Framework

OASL Office of the Administrator of Stool Lands

OCC Opportunity Costs of Capital

PAD Project Appraisal Document

PCU Project Coordination Unit

PDO Project Development Objective

PPP Public Private Partnership

RSDF Regional Spatial Development Framework

TF Trust Fund

TTL Task Team Leader

UMLIS Urban Management and Land Information System

US$ United States Dollar

XDR Special Drawing Rights (Currency of the International Monetary Fund)

TABLE OF CONTENTS

DATA SHEET .......................................................................................................................... 1

I. PROJECT CONTEXT AND DEVELOPMENT OBJECTIVES ....................................................... 5

A. CONTEXT AT APPRAISAL .........................................................................................................5

B. SIGNIFICANT CHANGES DURING IMPLEMENTATION (IF APPLICABLE) .......................................9

II. OUTCOME .................................................................................................................... 11

A. RELEVANCE OF PDOs ............................................................................................................ 11

B. ACHIEVEMENT OF PDOs (EFFICACY) ...................................................................................... 11

C. EFFICIENCY ........................................................................................................................... 19

D. JUSTIFICATION OF OVERALL OUTCOME RATING .................................................................... 20

E. OTHER OUTCOMES AND IMPACTS (IF ANY) ............................................................................ 21

III. KEY FACTORS THAT AFFECTED IMPLEMENTATION AND OUTCOME ................................ 22

A. KEY FACTORS DURING PREPARATION ................................................................................... 22

B. KEY FACTORS DURING IMPLEMENTATION ............................................................................. 23

IV. BANK PERFORMANCE, COMPLIANCE ISSUES, AND RISK TO DEVELOPMENT OUTCOME .. 25

A. QUALITY OF MONITORING AND EVALUATION (M&E) ............................................................ 25

M&E Design ............................................................................................................................. 25

B. ENVIRONMENTAL, SOCIAL, AND FIDUCIARY COMPLIANCE ..................................................... 25

C. BANK PERFORMANCE ........................................................................................................... 26

D. RISK TO DEVELOPMENT OUTCOME ....................................................................................... 27

V. LESSONS AND RECOMMENDATIONS ............................................................................. 28

ANNEX 1. RESULTS FRAMEWORK AND KEY OUTPUTS ........................................................... 29

ANNEX 2. BANK LENDING AND IMPLEMENTATION SUPPORT/SUPERVISION ......................... 44

ANNEX 3. PROJECT COST BY COMPONENT ........................................................................... 46

ANNEX 4. EFFICIENCY ANALYSIS ........................................................................................... 47

ANNEX 5. BORROWER, CO-FINANCIER AND OTHER PARTNER/STAKEHOLDER COMMENTS ... 55

ANNEX 6. SUPPORTING DOCUMENTS (IF ANY) ..................................................................... 58

ANNEX 7. RESULTS AND IMPACT ASSESSMENT .................................................................... 60

The World Bank Land Administration Project - 2 (P120636)

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DATA SHEET

BASIC INFORMATION

Product Information

Project ID Project Name

P120636 Land Administration Project - 2

Country Financing Instrument

Ghana Investment Project Financing

Original EA Category Revised EA Category

Partial Assessment (B) Partial Assessment (B)

Related Projects

Relationship Project Approval Product Line

Additional Financing P166907-Land Administration Phase 2 Additional Financing

IBRD/IDA

Organizations

Borrower Implementing Agency

Government of Ghana, Ministry of Finance Ministry of Lands and Natural Resources, Land

Commission

Project Development Objective (PDO) Original PDO

To consolidate and strengthen land administration and management systems for efficient and transparent land services delivery


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FINANCING

Original Amount (US$) Revised Amount (US$) Actual Disbursed (US$)

World Bank Financing IDA-48700

50,000,000 50,000,000 46,795,104

TF-14256

2,879,706 2,500,919 2,500,919

Total 52,879,706 52,500,919 49,296,023

Non-World Bank Financing

Borrower 5,000,000 0 0

Total 5,000,000 0 0

Total Project Cost 57,879,706 52,500,919 49,296,024

KEY DATES

Approval Effectiveness MTR Review Original Closing Actual Closing

31-Mar-2011 08-Aug-2011 02-Jun-2014 31-Mar-2016 31-Jan-2019

RESTRUCTURING AND/OR ADDITIONAL FINANCING

Date(s) Amount Disbursed (US$M) Key Revisions

14-Feb-2017 41.79 Change in Loan Closing Date(s)

26-Feb-2018 46.80 Change in Loan Closing Date(s)

KEY RATINGS

Outcome Bank Performance M&E Quality

Moderately Satisfactory Moderately Unsatisfactory Modest


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RATINGS OF PROJECT PERFORMANCE IN ISRs

No. Date ISR Archived DO Rating IP Rating Actual

Disbursements (US$M)

01 22-Nov-2011 Satisfactory Satisfactory 0

02 11-Jun-2012 Satisfactory Satisfactory 5.00

03 01-Oct-2012 Satisfactory Satisfactory 5.00

04 23-May-2013 Satisfactory Moderately Satisfactory 8.12

05 18-Dec-2013 Satisfactory Satisfactory 14.60

06 12-Jul-2014 Satisfactory Moderately Satisfactory 19.77

07 29-Jan-2015 Satisfactory Moderately Satisfactory 26.17

08 14-Sep-2015 Moderately Satisfactory Moderately Unsatisfactory 31.91

09 16-May-2016 Moderately Satisfactory Moderately Unsatisfactory 39.48

10 22-Jun-2016 Moderately Satisfactory Moderately Unsatisfactory 40.03

11 19-Dec-2016 Moderately Satisfactory Moderately Satisfactory 43.09

12 21-Jun-2017 Satisfactory Satisfactory 45.96

13 06-Feb-2018 Moderately Satisfactory Moderately Satisfactory 49.30

14 11-Jun-2018 Moderately Satisfactory Moderately Satisfactory 49.30

SECTORS AND THEMES

Sectors

Major Sector/Sector (%)

Agriculture, Fishing and Forestry 100

Public Administration - Agriculture, Fishing & Forestry 100

Themes

Major Theme/ Theme (Level 2)/ Theme (Level 3) (%)


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Public Sector Management 8

Rule of Law 2

Personal and Property Rights 2

Public Administration 6

Administrative and Civil Service Reform 3

Municipal Institution Building 3

Human Development and Gender 1

Gender 1

Urban and Rural Development 91

Rural Development 91

Land Administration and Management 91

ADM STAFF

Role At Approval At ICR

Regional Vice President: Obiageli Katryn Ezekwesili Hafez M. H. Ghanem

Country Director: Ishac Diwan Henry G. R. Kerali

Senior Global Practice Director: Jamal Saghir Ede Jorge Ijjasz-Vasquez

Practice Manager: Karen Mcconnell Brooks Jorge A. Munoz

Task Team Leader(s): Charles Annor-Frempong Victoria Stanley

ICR Contributing Author: Gavin P. Adlington


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I. PROJECT CONTEXT AND DEVELOPMENT OBJECTIVES

1. Note: This in an interim Implementation Completion and Results Report (ICR) that covers the period from project effectiveness in August 2011 to approximately March 2018 and was prepared following a request from the Government of Ghana (GOG) for Additional Financing (AF). The AF will take the overall project implementation over ten years (March 2011 to March 2021). For this reason, this interim ICR has been prepared. The final closing date of the Project will be December 31, 2021.

A. CONTEXT AT APPRAISAL

Context

2. At the time of project appraisal, Ghana’s economy was heavily reliant upon the agriculture and mining sectors, which accounted for 90 percent of exports in 2011. The project was specifically referred to in the 2008-11 Country Assistance Strategy (CAS) as a necessary follow-up to the First Land Administration Project (LAP1). Land issues are referred to in-depth under Pillar 1—Private Sector Competitiveness—because access to land and security of property rights were considered key to improving the business environment, addressing gender disparities in land ownership, improving access to credit and promoting fairer and more efficient use of land in rural areas, where the agriculture and mining sectors operate. Additionally, clarity in land ownership and management was needed because of a prevalence of land disputes and uncertainty in areas where customary- or chieftain-based land administration and management was an issue. The Country Partnership Strategy (CPS) for FY2013-16 (extended to FY2018) continues with many of the same issues, especially as Ghana tries to sustain the growth recorded in the previous CAS and to accelerate economic growth. Pillar 1 (Improving Economic Institutions) and Outcome 3 (Strengthen Land Administration) are particularly relevant. 3. The project was a follow-on from LAP1, which was formulated during 1999-2001 to address major issues raised in the NLP. LAP1 was originally designed as an Adaptable Program Loan (APL) with a 15-25 years perspective consistent with the long-term policy objectives of GoG. The first phase of the project was intended to lay the foundation for the implementation of a long-term land administration reform. But during project preparation and processing, a decision was made to change it from an APL to a specific investment loan (SIL). 4. Major accomplishments under LAP 1 were both institutional reform and piloting of the customary land, specifically:

a) streamlining land administration institutions by the passage of the Lands Commission Act 2008 (act 767) which merged four land sector agencies into a single entity – the Lands Commission (LC) – and brought the title and deeds registries under one organizational unit, the land registration division, a major institutional reform;

b) decentralization of the deeds registry to all the nine regional capitals, effectively bringing the registration of deeds closer to the clients;

c) the establishment and strengthening of 38 customary land secretariats to facilitate land management by traditional authorities and the ascertainment and codification of customary land rights in 20 traditional areas.


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d) Establishment of six (6) land courts in Greater Accra. e) Establishment of new 3 tier planning model for the country.

5. Taking into consideration the progress made under LAP 1, the proposed LAP2 was to consolidate and complete the reforms started in LAP 1 by upscaling the customary land activities and supporting the new LC to streamline and computerize business processes for faster delivery of services. LAP2 also continued support for the judiciary, land use planning and legal reform begun under LAP1. 6. Other financing partners involved in LAP1 maintained their interest, but only the Government of Canada promised funds in support of LAP2 (see paragraph 21 for further explanation). It was thought that the sum involved would be around US$15 million and the project was planned accordingly. In fact, when the final agreement was reached after LAP2 was approved by the World Bank Board, the amount of financing provided by Canada was less than US$3 million and this, together with a major change in the value of the XDR against the US$, necessitated a major restructuring partway through the project.

Theory of Change (Results Chain)


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7. The Project Appraisal Document (PAD) clearly identifies the key land issues that affect Ghana’s economy. They include such points as the reliance on agriculture, mining, large-scale investments in rural areas, the GOG’s use of land and the impact of population growth. The role of customary authorities to administer and manage land is key, and issues relating to landlessness and access to land for low-income groups (both rural and urban) are all pointed out. It refers to the four categories of land ownership as: (i) State lands; (ii) vested lands that are held in trust by customary authorities; (iii) private lands in customary areas that are held in customary tenure; and (iv) private lands held by individuals, companies and institutions. Under current law, it is only land ownership under category (iv) that requires registration, either through the registration of deeds (or documents) or the register of titles (See “Definitions” at end of Annex 7 for an explanation of the key differences between registers of deeds and registers of title). 8. The PAD then correctly identifies the need to address both land administration and land management (See “Definitions” at the end of Annex 7 for an explanation of the difference between land administration and land management), and includes activities within the components that try to address issues through regional and urban planning, customary land secretariats, street addressing, dispute resolution, customary boundary demarcation, mass appraisal and land administration. A “Theory of Change” diagram is as shown above (paragraph 6), describing how this could look given the PDO statement. However, the results framework is not in line with the theory of change and is poorly designed—with the PDO outcome indicators only measuring the time to register private land or providing information if they see an impact on transaction numbers, as in land category (iv) above. This only covers one of the four key land ownership categories and less than 10 percent of the potential beneficiaries because 80 percent of land is held in customary ownership and most of the remainder is State land. Moreover, in urban areas, it is estimated that 70 percent of properties are held informally (and are unregistered) and that 80 percent of all transactions are informal.1 The project itself, however, has included a comprehensive set of activities identified in the project components that includes all aspects of land administration and land management that are monitored through intermediate indicators. The successful implementation of most of these activities has effectively ensured that the project goals related to the Project Development Objective are met, even though the PDO outcome indicators do not explicitly cover the PDO statement. A much more detailed analysis of the results, that more clearly fit the “Theory of Change” diagram is provided in Annex 7.

Project Development Objectives (PDOs)

9. The PDO as written in the Financing Agreement is to support the Recipient’s efforts to consolidate and strengthen land administration and management systems for efficient and transparent land service delivery.

Key Expected Outcomes and Outcome Indicators

10. The original outcome indicators were:

a) Turn-around time reduced from 3 months to a maximum of 1 month for deeds registration

1 USAID Country Profile.


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b) Turn-around time reduced from 7 months to maximum of 3 months for title registration c) Information on standard statutory fees, land values and charges on land transactions (certificates,

consents, deeds searches, stamping, parcel plans) made publicly available through the media, on-line, website and brochures

d) Increase in the number of registered land transactions (disaggregated by gender and also scale of operation e.g. small scale vs. large scale farmers) and associated revenue.

11. The beneficiaries of the Project were expected to be:

a) Landowners and traditional authorities b) Small scale farmers including women c) Tenant farmers including women d) Leaseholders including women e) Land sector agencies f) Metropolitan, Municipal and District Assemblies g) Judiciary (district, circuit and high courts) and the Ghana Bar Association h) Estate Developers i) Service providers e.g. electricity, water, fire service and telecommunications.

12. This is a good list of expected beneficiaries derived from the context described in the PAD and the logic of the PDO. The PAD then states that “the project will concentrate on removing the business process bottlenecks, promoting transparency and addressing the various challenges with the aim of improving efficiency in the delivery of land services and increasing tenure security.” The PDO indicators were designed to “reduce the turnaround time for registration of titles and deeds, reduce costs and lead to a considerable improvement in service delivery and provision of land information to government and private sector entities.” 13. This focus on registering titles and deeds and providing information focuses on the comparatively small number of people that utilize these agencies and does not have much impact on the traditional authorities, rural farms and rural land owners, or most of the other proposed beneficiaries listed above that require other support and information. The PDO indicators do not consider land management activities at all. This ICR will, therefore, focus on the need to meet the PDO statement, rather than being tied too tightly to the indicators in the results framework.

Components

14. The Project has four components: 15. Component 1 (US$5 million in PAD, US$3.47 million disbursed). Strengthening the policy, legal and regulatory framework for land administration. Specific required studies were identified to support this work. The activities were needed to provide a sound basis for much of the other work under the project. This component also included work in partnership with the judiciary that aimed to reduce the level of disputes that go to court, partly through alternative dispute resolution (ADR) programs. 16. Component 2 (US$23.51 million in PAD, US$13 million disbursed). Improving Functions and Business Processes for Service Delivery. The fund for the bulk of the expected improvements to the land


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administration system – both for statutory and customary land rights - is within this component. It included studies to understand customary land practices and the establishment of additional Customary Land Secretariats (CLS), and for statutory land rights, streamlining and improving the procedures for registration—largely based on IT systems that had been developed under LAP1—and creating a digital backup of paper records. It was hoped that the backlog for title registration would be eliminated and that even the time taken for issuing building permits would be reduced. 17. Component 3 (US$31.51 million in PAD, US$12.15 million disbursed). Improving Maps and Spatial Data for Land Administration. This component basically included all those activities that would support project implementation, such as: providing maps and improving the policies for mapping, surveying and the geodetic network; demarcating boundaries of customary land and private land owners; preparing land use plans; revaluing properties; and putting in place a street addressing system. Many of the ‘land management’ activities were included within this component and, as such, the name given to the component is not a good reflection of all this is included. 18. Component 4 (US$10.78 million in PAD, US$17.16 million disbursed). Human Resource Development and Project Management. This component provided the funding for project management and human resource development. It also included a program for establishing a communication and public awareness strategy and its implementation. A specific sub-component was identified for mainstreaming gender equality. More funds were expended than was envisaged during project preparation because of the addition of the new office for land sector agencies in Kumasi and the extended length of the project, which significantly contributed to project coordination and management costs.

B. SIGNIFICANT CHANGES DURING IMPLEMENTATION (IF APPLICABLE)

19. There were several restructurings of the Project to revise the disbursement table and extend the closing date in April 2013 and April 2014, and again in February 2017. A final restructuring in February 2018 extended the closing date to its current date of January 31, 2019 to allow for this Additional Financing credit to be prepared and approved. 20. In April 2015 (within the Legal Amendment of July 2, 2015), a more significant restructuring was done following the successful conclusion of the Mid-Term Review (MTR) in June 2014. The biggest changes were: (i) to the results framework; (ii) a reallocation of credit proceeds in the disbursement table; and (iii) an extension to the closing date of the project to March 31, 2017. 21. This restructuring considered the significant losses to the expected budget because: (i) a reduction in the amount provided by the Government of Canada; (ii) losses of about US$5 million from the IDA allocation following fluctuations in the US$ to XDR exchange rates; and (iii) reductions in the co-financing from the borrower and project beneficiaries that did not materialize. In total, the budget for the project went from US$72 million to approximately US$50 million (see below), and this clearly required major reductions in project outputs.


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Project Financing

Source Expected Amount (US$ million)

Actual Amount (US$ million)

IDA 50.0 46.792

Borrower 5.0 1.20

Users 2.0 0.00

Canadian Development Assistance (CDA) 15.0 2.503

TOTAL 72.0 50.49

Revised PDOs and Outcome Targets

22. The PDO was not revised. The restructuring of 2015 did not affect the PDO outcome targets, except that the results were restricted to areas where the CSAU was in place. The CSAUs were designed to streamline the front office for the Lands Commission and automate front office services for customers. Through the CSAUs, customers could access a one-stop-shop for LC services, rather than the customer running to each department for services, as had been the case. The CSAUs were set up in the five regions, with two additional offices in Tema and Tarkwa. The restriction of the targets to the CSAU areas was a recognition that: 1) this was the first real automation attempt for LC services; and 2) the CSAUs covered the majority of high transaction areas of the country.

Revised PDO Indicators

23. The PDO indicators were not revised other than as explained above in paragraph 22.

Revised Components

24. The components were not revised.

Other Changes

25. Again, during the 2015 restructuring, the following intermediary targets were reduced because of the budget restrictions as outlined in paragraph 21 above:

• Customary practices ascertained reduced from 50 to 10;

• Establishment of District Offices changed to establishing CSAUs and it was reduced from 12 to 7;

• Regions for which maps are completed reduced from 4 to 2;

• Design of the Geodetic Reference Network architecture replaced the actual establishment of the geodetic network;

• Spatial development frameworks reduced from 40 to 3;

• Number of customary boundaries demarcated reduced from 10 to 1;

• Valuation of district properties was deleted. Original target was 15 districts.

2 As of March 31, 2018 3 As of closing of the TF account on April 30, 2015


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26. These changes would have been needed because of the time available and the capacity to undertake the work. It is also unlikely that all these activities could have been completed even if all funds were available (See Section III A: Key Factors During Preparation). 27. There were several new intermediate indicators included:

• The number of land title applications in the backlog to be cleared was set at 79,472;

• The number of streets named by the sub-metro (within Accra Municipality) was set at 2,850;

• The number of parcels within an address and plan was set at 120,000;

• Four gender equality desks would be established;

• 30,000 titles disaggregated by sex would be recorded;

• 15 CSOs would be trained in Gender, Equality, Land Rights and Monitoring and Evaluation (M&E) in 10 regions;

• 2,000 cases would be resolved by CLSs using ADRs, disaggregated by sex.

Rationale for Changes and Their Implication on the Original Theory of Change

28. The restructuring of April 2015 after the Project’s MTR was logical and well thought-out for the outputs identified in the Intermediate Results Indicators, making the measurement of outputs more inclusive of all the activities envisaged under the project. However, there was no attempt to make the PDO outcome indicators more relevant to the PDO and the changes had no impact on the original Theory of Change.

II. OUTCOME

A. RELEVANCE OF PDOs

Assessment of Relevance of PDOs and Rating

29. The PDO is “to support the Recipient’s efforts to consolidate and strengthen land administration and management systems for efficient and transparent land service delivery.” As identified in Section I, Context and Development Objectives, land issues were highly relevant and remain so. People still require secure tenure and simpler, more cost-effective systems to protect their rights; land still needs to be managed wisely for the benefit of the economy and society as a whole. The PDO is broad, as it covers both land administration and land management. Considering the range of issues and beneficiaries identified in the project context, it was logical to include both land administration and land management. The PDO remains consistent with the current CPS for FY2013-16 (extended to FY2018) and Ghana’s development agenda, specifically the Coordinated Program of Economic and Social Development Policies 2017-2024: An Agenda for Jobs: Creating Prosperity and Equal Opportunities for All. 30. Both land administration and land management are included within the PDO. The needs in the sector in Ghana are particularly important and remain so. Rating is High.

B. ACHIEVEMENT OF PDOs (EFFICACY)

Assessment of Achievement of Each Objective/Outcome


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31. As this was a follow-on project from LAP1, the terms “consolidate and strengthen” are applicable as they should build upon the accomplishments of LAP1. There are, therefore, three key areas for consideration:

• Does the project build upon the results of LAP1?

• Is land administration now more efficient and transparent?

• Is land management now more efficient and transparent?

32. As stated in the section on context above, the beneficiaries of the project were expected to be: landowners and traditional authorities; small scale farmers, including women; tenant farmers, including women; leaseholders, including women; land sector agencies; metropolitan, municipal and district assemblies; judiciary (district, circuit and high courts) and the Ghana Bar Association; estate developers; and service providers, e.g. electricity, water, fire service and telecommunications. This is an extraordinarily large list of beneficiaries, who should all be affected to some extent because the PDO is so broad in scope. 33. The PDO outcome indicators were designed to “reduce the turnaround time for registration of titles and deeds, reduce costs and lead to a considerable improvement in service delivery and provision of land information to government and private sector entities.” This focus on registration of title and deeds and providing information benefits the comparatively small number of people that utilize the deeds and title registries. The deeds and title registries have little impact on the traditional authorities, rural farmers and land owners, the informal sector in urban areas or on most of the other proposed beneficiaries that require other support and information. The PDO outcome indicators do not cover most of the land administration services (such as administering customary land, State land or private land in customary areas) and have nothing that refer to land management activity (See paragraph 4 above). 34. The project design and PDO were very broad, with 5 implementing agencies involved in the various activities: The Land Commission (under the Ministry of Land and Natural Resource (MLNR)); the Land Use and Spatial Planning Authority (under the Ministry of Environment, Science, Technology and Innovation (MESTI)); the Office of the Administrator of Stool Lands (under the MLNR); the Accra Metropolitan Assembly (AMA) under the Ministry of Local Government and Rural Development; and the Judicial Service of Ghana under the Ministry of Justice and Attorney General’s Department. Customary authorities and leaders were also heavily involved with establishing the CLSs. The PDO outcome indicators only refer to the Land Commission responsibilities and, as stated above, covered only a small part of the PDO. For this reason, the project has been evaluated based on the activities and the outcomes of the activities. A table and analysis of the outcomes of each activity, and an explanation of how they meet the PDO, is contained in Annex 7. The text below provides a summary. 35. The intermediate indicators are all output-based and, while it is good to enact legislative instruments, ascertain customary practices; establish district offices and CLSs; prepare maps, geodetic networks and policies for spatial data infrastructure, value properties; undertake training; and complete public awareness and outreach; these do not inform whether there is an impact on the expected beneficiaries or whether the PDO is met. The restructuring undertaken in 2015 did correct some of these shortcomings through providing additional indicators that assessed the impact of alternative dispute resolutions in CLSs, measuring levels of gender equality, establishing specific support to promote gender equality and measuring the progress with the street addressing system.


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36. Fortunately, the project has been well managed on the government side and the interventions (mainly from Component 3) addressing the broader land administration and management activities have been well documented, with multiple comprehensive reports explaining what has been achieved and the benefits to society. These reports on the project outcomes provided much of the information for assessing whether the PDO has been met and whether the identified beneficiaries have benefitted (see Annex 6 for a list of the reports and other documents that were prepared by the 5 implementing agencies). Consolidate and Strengthen 37. All the activities in LAP2 are continuations of the results from LAP1. When LAP1 was prepared, it was recognized that reform of the land sector was a long-term process that might take 20 or more years. Almost every activity in LAP2 is a follow-on from similar activities in LAP1; in general, the requirement to “consolidate and strengthen” land administration is land management is clearly met:

(i) LAP1 included several studies on such issues as state-occupied land, vulnerability, gender equity, land policies, pricing policies and the development of laws that led to the establishment of the land commission. LAP2 continued with undertaking serious analysis and drafting laws for the sector, including: passage of the Land Use and Spatial Planning Act; further development of the Land Bill, which was then submitted to Parliament; analyses of customary land traditions and laws in eight locations; policies for geodetic networks, spatial data and map projections; studies to assess the social and gender impacts of the project; and the costs and charges to register.

(ii) LAP1 included programs to reduce the turnaround time for deeds and title registration that were continued in LAP2. Deeds registration turnaround time went from 36 months in LAP1 to 3 months at the start of LAP2 and down to 2.1 months in LAP2. The figures for title registration are less clear, as both the baseline data and the subsequent reporting of turnaround times are unreliable (this issue is further outlined in Annex 7). A focus on titles held by women continued (the number went from 288 to about 47,000 in LAP1), although there was no major increase in titles registered by women during LAP2 (remaining at about one third of the number of men registering deeds or title).

(iii) Revenue from fees to the LC that was measured in LAP1 and saw an increase in the annual figure of 130 percent between the start and end of the project, continued to rise in LAP2 with another increase of about 179 percent from 2013 to 2017.

(iv) LAP1 commenced work to reduce land cases in the courts in three locations and this was continued successfully in LAP2 across the country through training of judges and court personnel, improving operation of the land courts, and improving civil procedures for land cases. ADR programs were also expanded.

(v) The establishment of 30 CLSs under LAP1 continued with an additional 51 CLSs established under LAP2 and 7 independently set up by local chiefs. LAP2 provided a deepening of their roles, which led to about 40,000 rights being locally recorded and 434 disputes resolved in LAP2. However, during site visits, it was apparent that most of the benefit comes just from having a local presence that can be relied upon to give information or advice to the local community.

(vi) Programs for Human Resource development and training, communications strategies and impact evaluations continued successfully from LAP1 to LAP2 using similar


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methodologies. The training program in LAP2 was particularly successful and it included both long-term training—including graduate studies—and multiple short-term courses;

(vii) LAP1 undertook demarcation and surveys of customary land in 10 customary authorities, and LAP2 completed an additional one and undertook some individual parcel surveys in customary areas.

Strategic and Regional Planning 38. When trying to improve both land administration and land management broadly for the economic and social benefit of society, the most logical instrument for doing so is in the planning systems. When undertaking a strategic plan for a region, economic and social factors, the environment and the need to improve the quality of life are key considerations. Assessing and utilizing natural resources, agricultural land and the urban environment are all considered. Demographics, employment statistics, age ranges and customs are all fed into the analysis. 39. During the project, the GOG passed legislation (the Land Use and Spatial Planning Act, 2016) and established the Land Use and Spatial Planning Authority (LUSPA) out of the Town and country Planning Department under MESTI. LUSPA completed the development of the National Spatial Development Framework and the two Regional Spatial Development Frameworks for Greater Accra and Ashanti Regions in 2017. A fully functional information system has been developed and is in daily use. A new business processing manual has been developed and this should facilitate and improve land planning applications and development permitting. The frameworks were developed utilizing maps produced under the project and the new national and regional frameworks have already been used to guide developments, including:

a) The eastern section of the national rail network described in the national plan has been tendered and a contract awarded;

b) The Japan International Cooperation Agency (JICA) is supporting the development of the West African Growth Corridor based on the national plan;

c) The central business district development and outer ring road described in the Ashanti regional plan, affecting Kumasi, has commenced;

d) The tourism-related plans outlined in the Greater Accra regional plan has led to a start-up of the Marine Drive mixed development plans for tourism, hotel development and apartment complexes along the coastal area;

e) Regional Spatial Planning Committees have been established to implement the regional plans; f) 70 district spatial planning committees (out of 216 districts) have been established to implement

the regional plans and, critically, start work on the district and local plans; g) The western regional plan is being developed with support from Nordic Funds; and h) A regional plan for the northern savannah area has been prepared internally by LUSPA.

40. The National Plan also focuses on agriculture, energy supply and waste treatment. These frameworks give the direction for how land should be used and managed for the benefit of all Ghanaian citizens by taking all land policies into account and the economy, environment, infrastructure, etc. They are substantial documents adopted by Government that will guide Ghana’s land developments for years to come and are probably the most substantial accomplishments meeting the PDO objectives within the project. The authority itself is transparent and provides information and online contact capability (see its


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website www.luspa.gov.gh), and its automated system works well and is constantly being approved. It follows on form work conducted in LAP1 and therefore ‘consolidating and strengthening’ also applies. Customary Land Secretariats 41. The establishment of the CLSs and the ascertainment4 of customary laws have been successfully overseen and guided by the Office of the Administrator of Stool Lands (OASL). Most of the land in Ghana is customarily held (about 80 percent) and the establishment of the CLSs are already improving the efficiency and transparency of land administration and management in their areas. They are assisting citizens, helping solve disputes, supporting the leasing and document preparation and helping to register rights once assigned. At the time of writing there were 88 CLSs established which had registered the rights to customary land of 36,178 beneficiaries. In the absence of the CLS, none of these rights would be registered. In addition, the register is a public register, and anyone can see what rights have been registered to whom; providing for the first time a transparent system of registration of customary rights. It is a follow on from the work under LAP1 and therefore consolidating and strengthening activities that were started then. 42. The review of LAP1 doubted the efficacy of the CLSs, but there is now good evidence that they are beginning to have a positive impact, supporting people to solve disputes, regularise their rights and helping chiefs to manage land for which they are responsible through leasing and assignments. Customary rules and procedures have been analysed and documented. Nearly 70,000 leases or assignments have been recorded voluntarily, as there is no requirement for citizens to record their data with the CLS, it is a completely demand driven process. Demand by customary authorities for a CLS continues to grow, demonstrating the value of the CLS concept to the people it serves. What started under LAP1 as a pilot has grown to include 88 CLSs in almost all parts of the country and the number of customary authorities interested in having a CLS continues to grow. Based on the evaluation prepared for the Customary Land sector, land related disputes are generally high across the CLS areas with 1 in 4 persons (or 26 percent) of the 290 respondents having experienced some form of land dispute. Out of those who experienced land related disputes, 20 percent reported the case(s) to the CLS for settlement. Furthermore, 1 in every 3 persons was more likely to report a case to the CLS in times of land related dispute for settlement as against other sources of dispute resolution. 43. Many of the benefits are unrecorded, but the reviewers developing the completion report for the government visited many sites and had information about people using documents from the CLS to get micro-credit, extension service support and general advice that stopped people from engaging in activities that could lead to disputes or illegal land use. Though only anecdotal at this point, interviews showed that:

o In the Bole CLS area (in Northern Region), women that benefited from registering their rights with the CLS have further been supported by some NGOs to diversify their income sources through the processing and sale of shea butter and honey.

4 In this case the customary law or practice is generally un-written so the process of ascertainment was to document the customary law/practice and then validate with the community, customary authorities, etc. so as to have a written record of the customary law/practice.

http://www.luspa.gov.gh/


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o The Rice Farmers Association in the Northern Region reports increased numbers of women acquiring and registering their land with the CLSs and using their documents to access extension support services from the Ministry of Food and Agriculture.

44. The targets in the intermediate indicators for ADR were overly-optimistic (2,000 solved cases expected), but it is also true to state that many disputes and issues were solved through simple advice before ever getting to court or using formal ADR mechanisms. It is still an early stage for assessing the longer-term impact of existing CLSs and they cover only a small proportion of the country, but it appears to be a sustainable and practical model that has been put in place, and one that can be further professionalized and improved during the proposed AF period. 45. The OASL is fully involved with all aspects of the program for establishing CLSs and in undertaking boundary demarcation and demarcating individual property rights in customary areas. In LAP1, 37 CLSs were established and a further 51 CLSs have been established in LAP2; other customary authorities have sought to establish their own CLS even without support from LAP2 because they recognize the benefits. District authorities are monitoring and supporting the program and in February 2017 the project provided a very comprehensive report with detailed recommendations for the next phase of development. A number of manuals and guidelines have been produced to guide the CLSs that have been established. Registration of Title and Deed 46. The LC is responsible for managing these activities. The deeds and land title registries are making some improvements and the CSAUs are a very welcome improvement, providing good customer interface and taking much of the burden from the citizen when they need to deal with the LC. This has helped improve transparency and provide a much healthier customer interface. However, the back offices of the land title and deeds registries have seen little investment and the time taken to process applications remains excessive. The implementation of the automated system for LC activities, GELIS, was delayed, partly because the systems developed under LAP1 were not comprehensive enough to qualify as an enterprise Land Information System (LIS) architecture and did not also consider the Ghana Enterprise Architecture framework designed by the e-Ghana project to guide Ministries and government entities to implement ICT solutions. After a detailed review of the software it was agreed that it could not be modified or utilized under LAP2 as was originally intended. The procurement of a new system was time consuming because of complaints and disputes during the procurement process. Then implementation did not occur as fast as expected in the contract agreement. 47. GELIS is very important for improving the functions of the deeds and title registries (amongst others). The GELIS contract included the digitization of land data from four (4) land title registration districts, but part of the data is incomplete and inconsistent and will therefore still need to be corrected before inclusion in the title registration process. GELIS should be able to provide quicker access to records once those records have been digitized or scanned, but it will still require substantial amounts of time before many of these records can be used to process applications and be included within the title registry. 48. There has been a reduction in the time taken to register documents at the deeds registry (from 3 months to 2.1 months), and a greater percentage (80%) of backlogs in the land title registry have been cleared. However, the turnaround times recorded in the results framework for land title registration for


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the baseline data was inaccurate. Subsequent reporting also did not reflect the realities on the ground due to the inappropriate methodology adopted. However, the current backlogs are growing at a slightly slower rate. Although some applications at the Land Registration Division appear to be processed within a few months, by far the majority will take several years to process. A full analysis is provided in Annex 7, but in summary the progress with the deeds registration is moderately satisfactory, while the progress with the title registration is unsatisfactory. Partnership with the Judiciary 49. The work on resolving land disputes through cooperation with the judiciary has been successful. Support to the Judiciary has led to six more dedicated Land Courts in Accra, three more regional Land Courts in Sekondi, Kumasi and Tamale, and one sub-regional Land Court to serve the port city of Tema. To improve efficiency, the High Court (Civil Procedure) Rules, 2004 (C.I. 47) was amended by the High Court (Civil Procedure) (Amendment) Rules, 2014 (C.I. 87) to allow Written Witness Statements, which came into force on 4 March 2015. The experience with the Written Witness Statement has helped to reduce the time for resolving land cases from an average of 24 months to about 10 months; and the witness statement procedure has been extended to other parts of the court system. A total of 645 Judges and key staff of the Judiciary received training and capacity building under the Project. This includes most of the Judges, Staff Lawyers and Mediators currently working in the specialized land courts. 50. All of the above has made a difference. The internal target for resolving disputes at the courts is six months, and it is considered that this target will be reached once GELIS is implemented and the courts get access to documents or registers online. Current delays are generally because they must wait for information from the deeds or title registries. The improvements stemmed from a major study funded under the project that identified the problems faced by the courts and the need for both physical improvements and case management improvement. These recommendations were adhered to and the improvements are a direct result. Some of the recommendations related to utilizing ADR, and 36 cases have been referred for ADR. It has been found that there was very little interest in ADR among citizens, as most disputants preferred their cases resolved in court. Street Addressing 51. The street addressing program has been completed successfully. The work involved a collaboration between the AMA, LUSPA (using the Land Use Planning and Management Information System (LUPMIS)) and the orthophoto maps produced during the project. Street signs are in place throughout Accra and the Geographic Information System (GIS) that has been developed was demonstrated and is linked to the LUPMIS system utilized by LUSPA. The GIS was developed using the mapping provided under the project and software development supported by the project. The street addressing is an excellent tool for all types of municipal decision making that will benefit decisions about transport networks, housing, social services, schools and health services, etc. 4,580 streets have been identified and 3,782 named. One hundred and twenty-five thousand (125,000) parcels containing 230,000 structures have been identified - of which only 82,000 parcels were on the original valuation roll. This means there are almost twice the number of taxable parcels in the AMA as originally thought. The increase in income and support in decision-making to the city from just knowing the location of a building is very important. Property tax avoidance or non-payment is a serious issue and this system could lead to


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doubling income (or more) without increasing the rates. AMA can use this information for many of its services and other users could include the utilities, the private sector for commercial development decisions, those developing transport networks, schooling needs, etc. The remaining activity is to place the house numbers on the buildings, which will be completed by the AMA. Human Resource Development 52. A Human Resource development plan was prepared during the early part of the project and this led to implementation of a very effective training program that included 20 people (14 male and 6 female) undertaking postgraduate studies and over 5,500 (31 percent female) involved in other training courses. Those that underwent post-graduate training have remained in the public service, with most having been given tasks or promotions that make maximum use of their new qualifications. Those that underwent training have come from all five of the implementing agencies and the training program has been a major influence on the improvements to service provision in both the land administration and land management sectors. Survey and Mapping 53. Component 3 of the project included aspects relating to introducing a geodetic reference network and the production of maps. The orthophoto maps for two regions were produced and were extensively used in support of most project activities, but the production of line maps (also known as vector maps) was less successful (only one region of the two contracted was completed). Line maps are much more expensive to produce than orthophoto maps and it is debateable whether there is a need for them when dealing with land issues. Following the funding reductions that were experienced, the inclusion of geodetic reference stations was removed from the project and only the architecture for the geodetic reference network was included; this did not seem to have a major influence on project activities. Customary Land Demarcation 54. The number of surveys that were to be conducted for customary land demarcation (demarcating the boundaries of whole customary areas belonging to a family, stool or skin and other traditional authorities) and the demarcation of individual rural land parcels were reduced because of the funding issues, but piloting has not yet demonstrated a viable methodology that could complete this work within a reasonable timeframe and cost. Only one customary land area was chosen for demarcation (reduced from 10 at restructuring). The process was completed, but the one boundary demarcated could not be fully demarcated because of non-agreement on a 19 km stretch. In fact, disagreements that had been lying dormant were revived by the process. These are good lessons learnt and the process should be reviewed before further customary boundary demarcation activities. 55. The cost of completing systematic survey and registration of the 3,856 rural land parcels that were completed turned out to be substantially higher than experiences in neighbouring countries. The costs under the project were about US$124 per parcel, which is twelve times the cost of similar work in Rwanda and Ethiopia that average about US$10 per parcel. It is also about five times higher than the costs paid directly by owners when they found their own surveyors and paid them themselves. In Ghana this may be because of excessive accuracy requirements, the requirement to place permanent markers (usually


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concrete) or just ‘opportunism’, as a World Bank-funded project was the source of funds. It appears that the systematic process needs to be either greatly simplified or registration just left to a sporadic (as needed) process that is self-funded. That is still a good lesson learned from the pilot process.

Justification of Overall Efficacy Rating

56. A wide breadth of beneficiaries was identified in the PAD and to some extent all have seen the benefits, especially through the programs involving LUSPA, the customary land secretariats, the street addressing system, and the partnership with the judiciary. The training program has been especially well conceived and implemented and the surveying and mapping work has been a useful input in support of the impact for these activities. The pilot work on customary land demarcation and rural land parcelling has delivered lessons from which future plans can be made, even though those lessons appear to be that a sporadic rather than a systematic methodology for demarcating customary land and rural land parcels is more viable. For these activities the full range of the PDO and identified beneficiaries has been well met (or even exceeded) and is completely in line with what is described in the project documents. 57. Given that 80% of the land in Ghana is held under customary tenure systems the impact of the CLSs is extremely important for land administration and land governance in Ghana. In terms of land administration, the number of rights registered in the CLS has gone from 1,000 to more than 35,000 (or 35 times greater), and importantly for land governance there is now a transparent system in place for recording customary land allocations that did not exist before. 58. One area where the project raises concern is with respect to registration of title, which showed limited improvement. The CSAUs have had a very beneficial impact on those utilizing the deeds, title, surveys, valuation and land management systems by improving the quality of service delivery and transparency. However, the slow pace in completing and implementing the GELIS has not complimented the gains made by the CSAU. In addition, poor monitoring and supervision have compounded the problems associated with title registration. This will be a focus of the go-going LAP2 Project under the additional financing. 59. Most of the activities within the project have been successfully completed and the targets achieved, but the problem with the title registration prevents the overall project from being considered satisfactory. Overall, the Efficacy of this project is considered Substantial because many of the intended outcomes have been achieved despite the significant financing gap between the US$72 million planned and US$50 million actually available.

C. EFFICIENCY

Assessment of Efficiency and Rating

60. The project’s benefits are classified as follows: (i) benefits resulting from the supply of land information, which is mainly related to Component 3; and (ii) benefits attributed to efficiency in land administration, which can be attributed to Components 1, 2 and 4. This classification is done because the methodology for assessing benefits resulting from the supply of land information was quite developed while the data for efficiency in land administration was not developed and, therefore, concise data for


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quantification was not collected. As such, the Economic and Financial Analysis (EFA) for this ICR focuses primarily on assessing the benefits from the supply of land information, as was done for the EFA at appraisal. Annex 4 provides a comprehensive assessment of the efficiency of the project. 61. The PAD primarily used calculations derived from access to information as the economic justification for the project and the calculations in Annex 4 show that this assessment was well justified and even exceeded. The calculation focuses on the benefits with a project compared to the situation without a project and concludes that in the most conservative scenario the Economic Rate of Return (ERR) is 22 percent, with a cost-benefit ratio (CBR) of 2.61 and Net Present Value (NPV) of US$65.84 million. This compares well with PAD projections of 15 percent, 1.45 and US$27.82 as the most conservative estimate for the ERR. Whichever scenario is taken, the project appears to be well justified. 62. Annex 4 also provides an analysis of the financial rate of return (FRR) at 57 percent, with a CBR of US$1.97 and NPV of US$ 492.77 million. This compares well with the projections in the PAD, which were 27 percent, 2.26 and US$121.29 million respectively. 63. In addition to the calculations from the data available and compared with those in the PAD, there are many additional benefits that are outlined in Annex 4 and described above, including: investments resulting from development of the national and regional development plans; increases in direct revenue and cost savings to the AMA through the street addressing program; reduction in trial times and complexity for the court system; the substantial increase in numbers of property transactions; and the savings accrued from use of orthophoto maps by the professional community. 64. While the ERR compares well with the PAD’s projections, attribution remains an issue and therefore the Efficiency rating is Substantial.

D. JUSTIFICATION OF OVERALL OUTCOME RATING

65. The project itself was well-designed in that the factors that affect land administration and land management across a broad spectrum of potential beneficiaries was well identified. It was an extremely broad set of activities covering all aspects of land administration and management and clearly follows on (consolidates and strengthens) the same activities under LAP1. It is extremely challenging to try to address all aspects included within this project and the very large range of expected beneficiaries, but the processes appear to have been very well managed by the GOG and the results achieved are commendable, apart from the weaknesses that remain in the title registration process. Further improvements will be made through the Additional Financing. 66. The PDO outcome indicators alone were insufficient to reflect either the intentions of the PDO or clarify the full impact of the project. This issue is addressed in some depth above and in Annex 7. In essence, the PDO outcome indicators could not be used solely to measure whether the PDO had been met or not, and an approach for evaluation was used based on the activities and their results, which were very well documented by the government. 67. In the final analysis, the project relevance remained high, the efficacy is rated as substantial and efficiency is rated as substantial, and the project is considered to be Moderately Satisfactory.


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E. OTHER OUTCOMES AND IMPACTS (IF ANY)

Gender

68. The project has put in place methodologies for measuring and assessing disaggregated data for men and women, and resources and training programs have been put in place to support the goals of gender equity. Five gender equality desks were established at both headquarters and in the regions, and disaggregated data is reported regularly. Twenty civil society organizations (CSO) have been involved in training on gender equity issues for land. Although it is difficult to measure the impact, the percentage of women being registered has been maintained at about 30 percent of cases and knowledge sharing appears to have been successful. The training program and public awareness campaigns have helped to keep those at CLSs and in the implementing agencies aware of the social impact of land reform and tenure arrangements, and it is considered to have had a positive impact.

Institutional Strengthening

69. Institutional strengthening was an integral part of the project and very successful in the case of all Implementing Agencies (IA); this is reported in detail above, but in summary: Component A provided the institutional strengthening to the courts through renovations, modifications to procedures, training, software provision and advice, and Component A also led to the passage of the Land Use and Spatial Planning Act that enabled the establishment of LUSPA and the improvements to the practice of land use planning. In component B, establishment and functioning of the CSAUs and the CLSs, together with the procedures and customer focus of these institutions were fundamental in supporting the vastly improved public services provided in land administration. Under Component 3 most of the outputs were focused on supplying land information (such as maps, street addresses, etc.) that supported the activities of all implementing agencies and made their work more efficient. One of the most important contributions to institutional strengthening came through the very successful human resources strategy development and training program provided under component 4. While the HR strategy has not been fully implemented, this will continue under the planned Additional Financing for LAP2. Also, under component 4, the focus on gender equity both within the institutions and with public awareness and data provision also had a beneficial impact on the work force, the public and institutional efficiency.

Mobilizing Private Sector Financing

70. The development of the national and regional strategic plans has led to substantial private sector funding in the private sector, as reported above. The pilot work in systematically surveying and registering land parcels led to several privately funded programs by owners undertaking this work themselves.

Poverty Reduction and Shared Prosperity

71. Not specifically addressed, but the overall program supported this, especially as there was a strong focus on rural areas where poorer members of the community have land assets that have not been well protected and for which they had little opportunity to develop. Similarly, in urban areas it is the poorer members of the community that often do not utilize their assets because of the inefficiencies in the existing systems. The establishment and functioning of the CLSs and CSAUs are aimed at providing them with support. In addition, improved court procedures for dealing with disputes should make access to justice more universally available and providing the information to local government about the current ground situation (through mapping and the street addressing program) should help them provide improved services to all of the community.


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Other Unintended Outcomes and Impacts

72. The project activities were so broad and so well-documented in the PAD that it is difficult to identify other outcomes or impacts. It was found that the CLS became more than just a means of recording and managing land use but has become the ‘go to’ place for local residents to learn about rights, procedures and get advice. The training and manuals were extremely effective in this regard and the outcomes have social benefits beyond expectations. The 20 CSOs that were included in the program and included in the training program have provided additional support in both urban and rural areas. As with many projects funded by the WBG, there has been many local service providers, (over 70 consultancies), work with CSO’s and procurement of works and technical services (over 30) and goods (over 70), that have benefitted the professional community and local businesses.

III. KEY FACTORS THAT AFFECTED IMPLEMENTATION AND OUTCOME

A. KEY FACTORS DURING PREPARATION

73. The Project followed on from LAP1 and was a follow-on project. However, LAP2 was prepared well before the ICR for LAP1 (PAD for LAP2 was March 7, 2011 and ICR for LAP1 was December 27, 2011, with the Independent Evaluation Group (IEG) ICR review posted on June 6, 2013). The IEG review classified the ICR for LAP1 as unsatisfactory and downgraded all the project ratings from MS to MU. 74. A key point here is that the lessons learned from LAP1 do not appear to have been available when preparing LAP2 (or at least were not considered), and many of the same mistakes were made in preparing LAP2 – particularly regarding the complexity and realism of the expected results. The quality and usefulness of the M&E was another criticism from LAP1 that was not corrected. Conversely, the lesson from LAP1 to avoid including multiple agencies proved to be unfounded for LAP2. There were five key agencies involved and they were all well represented in the steering committee and worked well together. Much of the project success was a result of remarkable efficiency of the individual agencies concerned. 75. When trying to address such a wide spectrum of activities the expertise needed to fully appraise each aspect requires several specialisms, including land law, land registration, IT systems, geodetic survey, cadastral survey, planning, valuation and property taxation. The task team leader would need to know that all of these specialisms were required. When reviewing the expertise utilized during project preparation and supervision, it is clear that at least land registration expertise, property taxation expertise, IT expertise and planning expertise were missing, and that unrealistic targets and expectations were included. The results framework was poorly designed and did not reflect the expected outcomes that would come from the PDO. As the task team leader was not himself a land specialist, this was not appreciated. 76. The PAD describes many activities that could realistically never be met, and which were dropped during restructuring. Although funding was an issue, it is difficult to see how the targets could have been met, for example:

• The huge backlog of applications for title registration could be ‘cleared’ when few resources were


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allocated to the process of clearing them;

• Spatial development frameworks for 1 national, 4 regional, 25 districts and 10 towns could be developed considering the time it takes to deliver even one of these and that the national and then regional plans should be prepared before the district and town plans. There was not even remotely enough time to do these, especially considering the need to establish and make operational the LUSPA as a first step;

• 15 districts or cities would be revalued. The work required before a revaluation exercise is huge, a Computer-Aided Mass Appraisal (CAMA) system would need to be developed and then information required to populate and utilize the system. Few specific resources were allocated for the task and it was highly unlikely that it could be achieved. It had to be dropped at restructuring

• The number of expected cases for ADR in CLS areas was extremely high and not likely to be achieved. It is a demand driven approach and it turned out that there was little demand; and

• There is reference to reducing the planning permitting time in sub-component 2.2, but no resources or activities were included to impact this.

77. Some of the shortcomings were fixed during restructuring. The project was well designed as an academic exercise, with all the key land administration and land management factors included, but there was little practical recognition of what could be achieved. 78. The proposed PDO outcome indicators related primarily to the performance of the deeds and title registries. The success in meeting these targets was heavily dependent on the completion and rollout of an Information Technology (IT) system developed under LAP1. It turned out that it could not be used, and a new system would have to be developed. Given the wealth of experience with trying to develop IT systems within the Bank, the assumptions made during preparation were extremely risky and a much better assessment of the proposals for IT should have been carried out during project appraisal. 79. It is difficult to understand how the serious problematic issues with the title registration system were not identified during project preparation and that sufficient resources were not allocated for dealing with this problem.

B. KEY FACTORS DURING IMPLEMENTATION

80. The MLNR cooperated exceptionally well with the Judiciary, OASL, AMA and the LUSPA at a very early stage of the project and implemented a training program that helped all activities to be well directed and coordinated. These other agencies took on their tasks with diligence and great success, such that the land administration and management activities that led to reduction in the time for dealing with disputes, establishment and functioning of the CLSs, the street addressing system and the planning frameworks were all successful. The commitment and leadership from the Steering Committee, the MLNR and functions of the PCU were consistently given priority and professionally managed. The project website is clear and informative. 81. The PCU managed the project, procurement and finances adequately during the project period and undertook social assessments (including gender equality analysis) as required under the project. The refurbishment of courts, establishment of the CSAUs and most procurements went well, with the clear


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exception of the GELIS contract and the delays in the Kumasi building construction that could have had more pro-active management. The Monitoring and Evaluation could have been better managed and there were times when there was no M&E specialist and at no stage did it seem to occur that PDO outcome indicators did not reflect well the breadth of the PDO itself. The PCU was located at separate premises to the LC and the MLNR, and at times it was as if they were separate organizations. 82. The funding that was supposed to be provided by the GOG as counterpart funding was not provided in its entirety, with less than US$1 million out of US$5million disbursed by the GOG when the project was restructured in 2015 and further government contribution was then reduced to zero. It was also planned that “beneficiaries” would fund part of the program, but at no stage was this possibility addressed or even mentioned in the project documents. Finally, the reduction in financing from the government of Canada from an estimated US$15 million to US$2.5 million significantly impacted on the Project’s ability to complete all activities and several activities were reduced.

Factors Subject to World Bank Control

83. The Bank team visited regularly, usually at least twice per year and produced detailed assessments of the project activities together with assessments of the results framework, fiduciary and social compliance, and identification of key issues that needed to be addressed. The Aide Memoirs were always detailed, well written, and provided suitable guidance and recommendations for the government to follow up. 84. During the project there were three Task Team Leaders (TTL). The TTL who prepared the project handed it over shortly after project effectiveness and the second handover was towards the end of the project period in October 2016. Both handovers were well planned and smoothly transitioned. 85. The MTR was detailed and addressed the key issues, including the problems with the results framework and M&E issues, but many of the proposed changes in the MTR (relating to simplification of the PDO statement and making the indicators more consistent with the PDO) were not reflected in the project paper and subsequent restructuring. 86. Although it was clear from an early stage that the IT plans outlined in the PAD were not working and that a new strategy was needed, it then took a long time for the necessary analysis and procurement to take place. Given the experiences with such IT systems and the very serious risk that the designed system could not be implemented in time, a decision to simplify and take a different direction was not made. 87. In some project-mission aides memoire, the problems with the backlog at the title registry were identified (it was even identified in two aides memoire that the indicators for title registration were confusing and did not distinguish between first registration and the ongoing transactions) but at no time was this fundamental problem with the title registry and the indicators adequately addressed. For most of the project period until the appointment of the last TTL, a land specialist did not lead the team, and nobody was included with sufficient expertise who could understand how to address the issues with the land title registry and the IT system’s development.


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Factors Beyond World Bank Control

88. The Project was considerably downsized at the MTR because of a major reduction in funding, as reported above. The situation was dealt with during the MTR by making strategic decisions on outputs that had minimal impact on the PDO. The project was revised accordingly.

IV. BANK PERFORMANCE, COMPLIANCE ISSUES, AND RISK TO DEVELOPMENT OUTCOME

A. QUALITY OF MONITORING AND EVALUATION (M&E) M&E Design

89. The M&E design issues have been addressed in Section 1A, which deals with the context at appraisal and the Theory of Change. The poor design of the PDO outcome indicators made it difficult to assess the project using these indicators alone as a basis. Section 1A and Annex 7 also discuss the problems associated with these indicators because of a lack of clarity about what was being measured and a lack of details in the baseline data.

M&E Implementation

90. The M&E tables were regularly updated and reported and formed an integral part of all aides memoires and government reporting.

M&E Utilization

91. The results framework was utilized to monitor outputs and to focus on areas that were not achieving expectations and were consistently monitored and reported upon during the regular Bank visits and in aide memoires. Although a specific M&E specialist was recruited by the Project Coordination Unit (PCU), there were long periods without a person in place who was solely responsible for this task. Most of the satisfactory results of this project were more attributable to the respectable work of the different institutions and the Bank’s focus on the activities they were supposed to be undertaking as described in the project documents.

Justification of Overall Rating of Quality of M&E

92. The M&E design issues should have been identified when the project was considered by Bank management at the stage of approving the project for appraisal or at negotiations, and this issue is key. Although the indicators were useful and used regularly during project implementation to identify and correct areas that were not performing as expected, the fundamental flaw with the design, and the failure to take action on the key problems with the title registration or with respect to the PDO indicators, leave the assessment of the Quality of M&E as Modest.

B. ENVIRONMENTAL, SOCIAL, AND FIDUCIARY COMPLIANCE

93. There were no waivers of the Bank’s safeguards/fiduciary policies. OP4.01 (Environmental Assessment) and OP4.12 (Involuntary Resettlement) were triggered, and no issues arose during project implementation. The overall safeguards rating and environmental assessment have been rated satisfactory throughout the project. The overall risk rating, including for fiduciary compliance has been moderate throughout the project.


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94. Based on reports and evidence from the field the resettlement and other safeguards activities were implemented in compliance with the Bank’s policies. At the time of writing, Safeguards were rated Satisfactory and the risk was rated Moderate. 95. FM was generally rated satisfactory. In terms of compliance with the financial covenants of submitting acceptable financial reports including audits, the project has generally complied fully. Regarding the submission of periodic financial reports, LAP have complied in their submissions, albeit occasional minor delays in meeting the deadline dates. The audit report for 2017 was received on July 5, 2018 which can be considered within the six-month period after the end of the fiscal year and thus in-compliance with the provision of the Financing Agreement. Per a review of the management letter, the auditor’s noted that there were no major internal control deficiencies or general accountability issues and acknowledged that in general, the control environment continues to be reliable to support project implementation. 96. The procurement risk rating at the time of writing of the ICR was Moderate while the Procurement Performance rating was Moderately Satisfactory and the government had responded to all pending issues raised in the last Procurement Performance Review. Generally, procurement functioned well with some delays in approvals and payments. There were no INT investigations.

C. BANK PERFORMANCE

Quality at Entry

97. Bank performance during preparation was sound in the sense that all matters relating to land administration and land management were addressed with clarity and professional competence. However, the project did not consider the lessons from LAP1, particularly on being too ambitious with the scope and creating a complex set of components, sub-components and activities that could not be fully implemented, although considered to be strategic and relevant. The planning for management, policies and laws that needed to be addressed; the focus on poverty, gender and social elements was complete; and the implementation and fiduciary arrangements were well designed.

Quality of Supervision

98. Supervision by the Bank was generally adequate, with regular supervision and detailed assessments that addressed issues with candour and clarity. However, the impression is given that the missions rarely took a ‘step back’ and reviewed the overall likelihood of success to meet all outcomes to take action in a timely fashion. Often the necessary expertise was not included in the team and thus the problems with title registration outlined above were not adequately addressed, or even noticed. This was also true for the IT system and assessing at an early stage that many of the activities planned (such as the valuation work, numbers of urban plans, boundary surveys to be done, etc.) could not be achieved in the time frame even if the funds had not been reduced. The Bank team lacked the expertise needed to monitor this project both at the TTL and at the team level for most of the project period.

Justification of Overall Rating of Bank Performance

99. The assessment is that although the quality of supervision was generally adequate, the poor quality at entry, including the Bank management role in approving a project that could not be fully implemented and managed by a team that was not equipped with sufficient technical expertise, and the


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failure to restructure those parts of the project that were underperforming leaves the Bank performance at Moderately Unsatisfactory.

D. RISK TO DEVELOPMENT OUTCOME

100. There is little risk to the project impact that has improved the planning systems, the street addressing and dispute resolution through the judicial services. The agencies responsible for these improvements have demonstrated great capacity and an ability to manage and monitor their work adequately. While LUSPA is budget financed, the financing for local planning should come from fees for construction permits and other services. The legislation establishing LUSPA has also identified the need for a revolving fund to ensure planning is funded regularly. It will be important for the GOG to ensure that this revolving fund is set up and operational. 101. The OASL have also been efficient and shown themselves as very capable, and the CLSs have been established and are working well. However, it is still an early stage to assess whether they will continue in this positive direction. Opportunities for abuse of their role for financial gain are clear and at present, the methods for auditing, ensuring social equity and assessing the impact of their activities are not robust and should be monitored. The GOG has asked for Additional Financing and over the next three years it will be important to help professionalize the CLSs already established by providing more training and support and to establish a reporting and auditing (technical and financial) mechanism. The CLSs will then become better models for replication around the country. The AF will also track the increases in ground rent collected by OASL based on the records of the CLSs as a demonstration of their financial value to customary authorities.5 102. The above risks are moderate, but the more substantial risks concern the ongoing activities of the LC. The impact of the CSAUs on improving the customer interface and transparency is noticeable and commendable, but there has been little improvement in dealing with backlogs and improving the efficiency in the title registration. There is a risk that the ‘back office’ of the title registration will not improve further, which would also undermine the great improvements brought about through establishing the CSAUs. Title Registration currently remains in a dysfunctional status and will only improve once specific investments have been made to deal permanently with the backlogs and to fundamentally change the way title registration is undertaken. The Additional Financing will focus on the LC and on improving the ‘back office’ functions in particular. 103. There is a perception that improvements to the turnaround time for the deeds and title registration will be solved now that GELIS is operational. GELIS will help to make documents more readily available, but it will not fix the problems associated with inaccurate records, missing records and contradictory records. Also, it will be a major exercise to scan, index and populate the GELIS database. The on-going rollout is highly likely to bring up issues of performance and bugs in the system that will need solving. Experience in other countries shows that it is common to have problems when a system is implemented and rolled out and that support is needed throughout the rollout. The AF will support the rollout of GELIS. The AF also plans to support enhancements to GELIS and some additional functionality.

5 OASL collects the ground rent on behalf of and for the benefit of the customary authorities. (mainly for stool and skin lands)


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Recognizing the lessons learned from GELIS and other ICT activities, the contracting for this will need to be done in year one of the AF to be realistically implemented. 104. Overall, the risk to the Development Outcome is Substantial, but the proposed AF will mitigate these risks as it will follow-up on the key sustainability issued outlined above.

V. LESSONS AND RECOMMENDATIONS

105. The most positive lessons learnt from this project that have not been seen in similar projects are twofold:

(i) Project management and component ownership. Through sound management and effective use of the steering committee, the project managed to get five different implementers under different ministries to work together in a coordinated fashion very effectively. Each took responsibility for their own mandate and made sure that their activities succeeded. This was key to project success.

(ii) The Human Resources strategy and training plan were developed at an early stage and they included post-graduate training for 20 staff. Each staff member was then given specific roles and tasks associated with their training once they returned. This was very effective and, together with the large amount of additional training and support provided, was a mainstay of the project’s success.

106. It is necessary to prepare and consider lessons from previous projects prior to finalizing the preparation of the next phase. The ICR for LAP1 should have at least been drafted before the project was appraised. LAP2 ended up repeating the same mistakes as LAP1, especially regarding complexity and overstating what can be achieved. 107. Land projects are complex, expensive and time consuming but highly beneficial if they are successfully completed. Teams need to seriously consider projects from a practical implementation perspective and include experienced land administration and land management specialists in the process. Bank management has a responsibility to ensure that adequate professional expertise at the team leader level and at the professional level is included in the team. If there is a funding issue, then the project needs to be simplified accordingly. 108. Major IT systems are notorious for not being completed within a 5-year project cycle. Projects in Uganda, South Africa, Romania, Croatia, Serbia, and Ukraine, to name only a few, suffered the same fate; as did LAP1. The design and feasibility for such systems should be concluded prior to appraisal and it needs to be realized that system implementation and roll out for such a major system will take at least three years. This needs to be a standard rule for any land project. If the contract is not awarded within the first year of the project, it is advisable to rethink, take action quickly to simplify, or downsize expectations and move on. 109. The process of customary land demarcation and surveying was expensive and complex. It is not clear that the benefits outweighed the costs, and the process brought to light a boundary conflict that was previously dormant. The benefits of such a process should be clearly identified and the process thoroughly reviewed and simplified before further demarcation and survey work is conducted.

.


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ANNEX 1. RESULTS FRAMEWORK AND KEY OUTPUTS

A. RESULTS INDICATORS A.1 PDO Indicators Objective/Outcome: Efficient and transparent land service delivery

Indicator Name Unit of Measure Baseline Original Target Formally Revised

Target

Actual Achieved at Completion

Turn around time in registering land Deeds in CSAU areas reduced

Number 3.00 1.00 1.00 2.11

05-Sep-2011 05-Sep-2011 28-Jan-2019 31-Dec-2017

Comments (achievements against targets): The greatest improvements came in LAP 1, from 36 months to 3 months. There has been marginal improvement in LAP2, but it has shown that improvements were maintained and made slightly better. See main text and Annex 7 of ICR, as this is not considered a good PDO indicator.


Target


Turn around time in registering Land Titles in CSAU areas reduced (subsequent transactions)

Text 7 months 2 nationally 3 months in CSAU areas

n/a

05-Sep-2011 05-Sep-2011 28-Jan-2019 31-Dec-2017

Comments (achievements against targets): During preparation for the ICR, both the baseline data and the target data were found to be unclear


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and inaccurately reported. This issue is addressed in more detail in the report. The CSAUs have provided greater transparency and better customer interface, but the turnaround time in title registration needs to be considered separately for first registration and for ongoing transactions, and the timeframes accurately measured.


Target


Basic information on standard statutory fees, land values and charges on land transactions made publicly available

Text 0 10 10 10

05-Sep-2011 05-Sep-2011 28-Jan-2019 31-Dec-2017

Comments (achievements against targets): Target achieved. Information provided in at least ten different media, improving transparency and supporting land market activity.


Target


Registered land transactions Number 0.00 30000.00 30000.00 82438.00

05-Sep-2011 05-Sep-2011 28-Jan-2019 31-Dec-2017

Registered land transactions -- female

Number 0.00 0.00 0.00 16490.00

05-Sep-2011 05-Sep-2011 28-Jan-2019 31-Dec-2017

Comments (achievements against targets): Target substantially exceeded, showing greater user acceptance and participation in the land market. The indicator for measuring female participation was measured throughout the project but formally added during restructuring. Taking into account that many applications were joint (from a male/female couple) or from companies or institutions, the female participation rate was


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estimated at about 30 percent of the male rate. This maintained an improvement that was seen from LAP1.

A.2 Intermediate Results Indicators

Component: Component 1: Strengthen Legal Framework


Target


Legislative instruments for Acts 767, 481, completed

Number 0.00 2.00 2.00 2.00

05-Sep-2011 05-Sep-2011 28-Jan-2019 31-Dec-2017

Comments (achievements against targets): Target achieved. Legislative instruments for the Land Commissions Act and the Administrator of Stool Lands Act were finalized and passed to the Attorney General for gazetting.


Target


Land Use and Spatial Planning Act prepared

Number 0.00 1.00 1.00 1.00

05-Sep-2011 05-Sep-2011 28-Jan-2019 31-Dec-2017

Comments (achievements against targets): Land Use and Spatial Planning Act, 2016 (Act 925) passed. This formed the basis for establishing LUSPA and the development of the national and regional strategic plans produced under the project, which in turn have guided many development projects.


Target



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Land Bill prepared Number 0.00 1.00 1.00 1.00

05-Sep-2011 05-Sep-2011 28-Jan-2019 31-Dec-2017

Comments (achievements against targets): Bill was prepared, agreed by cabinet and gazette. It has been submitted to Parliament for consideration.

Component: Component 2: Decentralize and Improve Service Delivery


Target


Customary practices ascertained

Number 8.00 50.00 10.00 8.00

05-Sep-2011 05-Sep-2011 28-Jan-2019 31-Dec-2017

Comments (achievements against targets): 80 percent of target achieved and only constrained by funding constraints. The customary practice documents provide very useful documentation for the training program, CLSs and development of land law and practice.


Target


Number of Client Service Access Units (CSAUs) offices established

Number 0.00 12.00 7.00 7.00

05-Sep-2011 05-Sep-2011 28-Jan-2019 31-Dec-2017

Comments (achievements against targets): CSAUs were put in place instead of the district offices. Target fully achieved and providing good quality customer services with greater transparency.


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Target


Number of Customary Land Secretariats (CLSs) established

Number 37.00 50.00 50.00 51.00

05-Sep-2011 05-Sep-2011 28-Jan-2019 31-Dec-2017

Comments (achievements against targets): Target fully achieved. CLSs provide effective support in customary land areas to local residents, helping with information, preparing and registering documents and resolving disputes.


Target


Number of land rights recorded at the CLSs

Number 1000.00 25000.00 25000.00 36178.00

05-Sep-2011 05-Sep-2011 28-Jan-2019 31-Dec-2017

Comments (achievements against targets): Target fully achieved.


Target


Number of land title applications cleared (Backlog)

Number 0.00 0.00 79472.00 62633.00

05-Sep-2011 05-Sep-2011 28-Jan-2019 31-Dec-2017

Comments (achievements against targets): Good progress in clearing the backlog from the 1986 to 2010 period, but not fully achieved. Other large backlogs have developed from 2010 to 2018, but the exact figures on how many are not known.


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Target


Number of title and deeds registered

Number 0.00 0.00 30000.00 82438.00

05-Sep-2011 05-Sep-2011 28-Jan-2019 31-Dec-2017

Number of title and deeds registered -- female

Number 0.00 0.00 0.00 16490.00

05-Sep-2011 05-Sep-2011 28-Jan-2019 31-Dec-2017

Comments (achievements against targets): (NB -- this is the same data as in the PDO indicator above). Target substantially exceeded, showing greater user acceptance and participation in the land market. The indicator for measuring female participation was measured throughout the project but formally added during the restructuring. Taking into account that many applications were joint (from a male/female couple) or from companies or institutions, the female participation rate was estimated at about 30 percent of the male rate. This maintained an improvement that was seen from LAP1.


Target


Number of cases resolved by Customary Land Secretariats through Alternative Dispute Resolution (ADR)

Number 0.00 0.00 2000.00 307.00

05-Sep-2011 05-Sep-2011 28-Jan-2019 31-Dec-2017

Comments (achievements against targets): Target was not achieved, but there seemed little basis for setting the target in the first place. Most disagreements that would lead to a dispute appear to be solved just by discussion at the CLS and do not get to the 'dispute' stage. Once it is a real 'dispute' it seems that most want to have their day in court and ADR has not had a major impact.


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Component: Component 3: Improved Maps and Spatial Data


Target


Regions for which maps are completed

Number 0.00 4.00 2.00 2.00

05-Sep-2011 05-Sep-2011 28-Jan-2019 31-Dec-2017

Comments (achievements against targets): Orthophoto maps were produced for both regions and effectively used for planning, street addressing and several other uses. Topographic line maps were included within the tenders, but only 1 was produced and was rarely used.


Target


Policies for national spatial data infrastructure, survey and mapping and geodetic reference network completed

Number 0.00 0.00 5.00 5.00

05-Sep-2011 05-Sep-2011 28-Jan-2019 31-Dec-2017

Comments (achievements against targets): The 5 policies were added at restructuring and have been completed and approved. They clearly describe the process for implementing these policies.


Target


Design of the GRN Architecture for the country completed

Number 0.00 0.00 1.00 1.00

05-Sep-2011 05-Sep-2011 28-Jan-2019 31-Dec-2017


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Comments (achievements against targets): It was originally planned to put the reference network in place, but funding constraints prevented this. The architecture is developed and the original target can now be implemented during the Additional Financing.


Target


Spatial development frameworks and regional frameworks prepared

Number 0.00 40.00 3.00 3.00

05-Sep-2011 05-Sep-2011 28-Jan-2019 31-Dec-2017

Comments (achievements against targets): Target achieved. The original target was unrealistic and had to be reduced because of funding constraints. The national spatial development and two regional development frameworks developed are already guiding new major investments both nationally and regionally.


Target


Number of customary boundaries demarcated

Number 0.00 10.00 1.00 1.00

05-Sep-2011 05-Sep-2011 28-Jan-2019 31-Dec-2017

Comments (achievements against targets): Target achieved. Funding constraints necessitated the reduction in the number of boundaries demarcated. Some small parts of the customary land boundaries completed remain in dispute. Many useful lessons have been learned from this exercise, which will guide future interventions.


Target



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Number of streets named by Sub-metro with corresponding digital database (map and text)

Number 0.00 0.00 2850.00 3782.00

05-Sep-2011 05-Sep-2011 28-Jan-2019 31-Dec-2017

Comments (achievements against targets): Target fully achieved. The main benefit will come from improved planning, decision making by different metro departments (including social, education, transport, etc.) and increases in property tax collection.


Target


Number of property parcels addressed by Sub-metro with corresponding digital database (map and text)

Number 0.00 0.00 120000.00 120000.00

05-Sep-2011 05-Sep-2011 28-Jan-2019 31-Dec-2017

Comments (achievements against targets): The digital database is in place. The AMA will be placing the house numbers on the properties and this work is on-going.

Component: Component 4: Human Resource Development, Gender and Project Management


Target


Human resource development plan completed

Text Not completed HRD plan completed, Implementation of prioritized programs completed.

HRD plan completed, Implementation of prioritized programs completed.

HRD plan completed, Implementation of prioritized programs completed.


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05-Sep-2011 05-Sep-2011 28-Jan-2019 31-Dec-2017

Comments (achievements against targets): Fully achieved and full program implemented. This was a fully successful program that helped implementing agencies to fully achieve the various activities under the project.


Target


Number of public outreach and awareness activities undertaken

Number 0.00 0.00 100.00 111.00

05-Sep-2011 05-Sep-2011 28-Jan-2019 31-Dec-2017

Comments (achievements against targets): Target fully achieved. The increase in land market activities, CLS activities and participation in other project activities were helped by ensuring that public outreach activities were well prepared and delivered.


Target


Number of Gender Equality Desks established (Regional LSAs and LC)

Number 0.00 0.00 4.00 5.00

05-Sep-2011 05-Sep-2011 28-Jan-2019 31-Dec-2017

Comments (achievements against targets): Target fully achieved. Evidence of improved gender equality demonstrated by inclusion of women in the CLS management committees and the continued improvement in the percentage of women involved in land transactions. Advisory services also provided.


Target



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Number of Civil Society Organizations trained in Gender Equality, land rights and M&E

Number 0.00 0.00 15.00 76.00

05-Sep-2011 05-Sep-2011 28-Jan-2019 31-Dec-2017

Comments (achievements against targets): Target greatly exceeded. In line with other successes within the training activities of this project, there has also been great involvement and success in training for CSOs.

Unlinked Indicators


Target


Number of Stakeholders trained (Judges, Lawyers, Chiefs, Land Sector Staff, Civil Society Organizations)

Number 0.00 120.00 120.00 5792.00

05-Sep-2011 05-Sep-2011 28-Jan-2019 31-Dec-2017

Comments (achievements against targets): Target vastly exceeded. The training program was particularly effective and contributed significantly to the project's overall success.


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B. KEY OUTPUTS BY COMPONENT Please see Annex 7 for more details on Indicator Results and Key Outputs by Component

Objective/Outcome 1 – The project builds upon the results of LAP1 and other interventions by the recipient to consolidate and strengthen prior work in the land sector

Outcome Indicators 1. Turn around time in registering land Deeds in CSAU areas reduced to 2.1 months (Target: 1)

Intermediate Results Indicators

1. Legislative instruments for Acts 767, 481, completed – Achieved. 2. Land Use and Spatial Planning Act prepared – Achieved. 3. Land Bill prepared – Achieved. 4. 10 Customary practices ascertained (Target: 8). 5. 2 regions for which maps are recorded – Achieved. 6. Number of land title applications cleared (Backlog): 62,633 (Target: 79,472). 7. 5 Policies for national spatial data infrastructure, survey and mapping and geodetic reference network completed – Achieved. 8. Design of the GRN Architecture for the country completed – Achieved. 9. 3 Spatial development frameworks and regional frameworks prepared – Achieved. 10. Number of Gender Equality Desks established (Regional LSAs and LC): 5 (Target: 4)

Key Outputs by Component (linked to the achievement of the Objective/Outcome 1)

1. The Land Bill has been completed and submitted to Parliament following Cabinet approval on October 23, 2017. 2. LIs for Administration of Stool Lands Act and the Land Commission Act submitted to the Attorney General. 3. Various manuals and documents produced, especially for guiding the CLSs, demarcation work, document management, etc. 4. The average turnaround time for deeds registration is 2.1 months, varying between 5.5 months in the Upper East Area to 0.7 months in the West.


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5. Orthophoto maps for 2 regions and line maps for one region produced. The other set of line maps was cancelled following poor performance by the contractor. 6. 80,827 deeds or titles recorded and disaggregated by sex (57 percent male, 20 percent female, 12 percent joint and 11 percent institutions). 7. 5 gender equality desks established in the regions and at the LC. 8. 10 regions and 20 CSOs received the training in gender equality, land rights and M&E for CSOs.

Objective/Outcome 2 – Land Administration and Management is now more efficient and transparent

Outcome Indicators

1. Basic information on standard statutory fees, land values and charges on land transactions made publicly available. 2. 82,438 land transactions were registered (Target: 30,000) 3. 16,490 land transactions were registered – female.

Intermediate Results Indicators

1. Number of Stakeholders trained (Judges, Lawyers, Chiefs, Land Sector Staff, Civil Society Organizations): 5,792 (Target 120). 2. 7 Client Service Access Units (CSAUs) offices established – Achieved. 3. Number of Customary Land Secretariats (CLSs) established: 50 (Target: 51). 4. Number of land rights recorded at the CLSs: 36,178 (Target: 25,000). 5. Number of customary boundaries demarcated: 1 – Achieved. 6. Number of streets named by Sub-metro with corresponding digital database (map and text): 3,782 (Target: 2,850). 7. Number of property parcels addressed by Sub-metro with corresponding digital database (map and text) – Not yet completed. 8. Human resource development plan completed – Achieved. 9. Number of public outreach and awareness activities undertaken: 111 (Target: 100). 10. Number of Civil Society Organizations trained in Gender Equality, land rights and M&E: 76 (Target: 15).


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11. Number of cases resolved by Customary Land Secretariats through Alternative Dispute Resolution (ADR): 307 (Target: 2,000).

Key Outputs by Component (linked to the achievement of the Objective/Outcome 2)

1. Land Use and Spatial Planning Act of 2016. 2. 5,792 people involved in training from all sectors (also applies to Land Management Outcome below). 3. The average turnaround time for court cases involving land issues has reduced from 13 months to 10 months. 4. 127 judges and magistrates, and 236 other court officials were involved in training programs. 5. ADR started in 2013, but there has been limited uptake as most wanted the court proceedings. 36 cases went for mediation by ADR, but only 6 were concluded through ADR. 6. Land courts were both refurbished and automated. The number of dedicated land courts was increased from 6 to 12. 7. The Rules of the Court were reviewed, and this led to the incorporation of written witness statements into the court rules. High Court (Civil Procedure) (Amendment) Rules came into force on March 4, 2015. 8. Records were scanned and digitized, but the contract to publish land cases failed. 9. 7 CSAUs were established and are operational. 10. 50 additional CLS offices (adding to 38 from LAP1) were established and function well. 36,178 land rights are recorded. 307 cases solved by ADR. 11. This target has been met, because the information on fees and targets and other publicly available information has been provided in at least ten different forms of media. 12. There are 82,438 recorded land transactions that were registered. It is disaggregated according to gender with 57 percent male, 20 percent female, 12 percent joint male and female and 11 percent institutions. 13. The boundary for one customary land unit was demarcated and surveyed, apart from about 17 km that was under dispute and was no resolved.


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14. Completed guidelines and manual for boundary demarcation and demarcation that includes dispute resolution using ADR processes. Used for the boundary demarcation referred to above and for other completed on demand. 15. The national spatial development framework and regional frameworks for Ashanti and Greater Accra regions completed in 2017. 16. 4,580 streets identified and 3,782 named. 125,000 parcels identified and numbered. Street signs up but numbers not yet placed on buildings. 17. Human Resource Development plan developed and implemented successfully. 18. 111 different communication and public outreach evens undertaken during the project period. 19. Communications officers were hired by the LC at national and regional levels, although later replaced with a centrally engaged communication officer. 20. Number of title and deeds registered: 82,438 (Target: 30,000). 21. Number of title and deeds registered – female: 16,490.


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ANNEX 2. BANK LENDING AND IMPLEMENTATION SUPPORT/SUPERVISION

A. TASK TEAM MEMBERS

Name Role

Preparation

Supervision/ICR

Victoria Stanley Task Team Leader(s)

Sunday Esene Osoba Procurement Specialist(s)

Robert Wallace DeGraft-Hanson Financial Management Specialist

Lydia Sam Team Member

Gavin P. Adlington Team Member

Jonathan Mills Lindsay Team Member

Rose Abena Ampadu Team Member

Beatrix Allah-Mensah Team Member

Hardwick Tchale Team Member

Linus Benedikt Pott Team Member

Anita Bimunka Takura Tingbani Environmental Safeguards Specialist

Charles Ankisiba Social Safeguards Specialist

B. STAFF TIME AND COST

Stage of Project Cycle Staff Time and Cost

No. of staff weeks US$ (including travel and consultant costs)

Preparation

FY10 8.559 74,349.23

FY11 29.948 207,872.65

Total 38.51 282,221.88


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Supervision/ICR

FY12 21.606 130,713.26

FY13 33.370 171,171.17

FY14 31.439 206,070.07

FY15 18.765 88,940.58

FY16 19.285 146,113.56

FY17 13.218 120,753.05

FY18 15.208 111,744.93

FY19 3.880 17,365.28

Total 156.77 992,871.90


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ANNEX 3. PROJECT COST BY COMPONENT

Components Amount at

Approval (US$M)

Amount at Approval - IDA

(US$M)

Actual at Project Closing (US$M)

Percentage of Approval (US$M)

Strengthening the Policy, legal and regulatory Framework for Land Administration

5.00 3.85 3.48 0

Decentralization and Improving Business and service Delivery Processes

23.27 17.28 13.36 0

Improved maps and Spatial data for land Administration

31.51 20.57 12.20 0

Human Resource Development and Project management

10.78 8.30 17.75 0

Unallocated 1.45 0.00 0.00

Total 72.0 50.0 46.79 0.00


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ANNEX 4. EFFICIENCY ANALYSIS

1. The economic impact of LAP2 is wide and varied. Many of the qualitative benefits are already presented in the main text of the ICR. In the ex-ante assessment of the project, some of these impacts were envisaged and the idea was to collect information and assess some of these benefits quantitatively. The PAD states that the data needed to review the economic impact was not available but that it would be collected during the project. These benefits included: (i) Increased incentives for investment and productivity; (ii) Increased access to more and cheaper credit, which would lead to increased investment and

productivity; (iii) Overall increases in productivity as land moves from less efficient to more efficient producers

through rental and sales markets; and (iv) Expansion of the customer service base boosted by the potential entry of newly-registered

owners.

2. However, many of the data were not collected because they were vaguely defined and the methodologies needed to assess these benefits were not developed. 3. The project’s benefits are classified as follows: (i) benefits resulting from the supply of land information, which is mainly related to Component 3; and (ii) benefits attributed to efficiency in land administration, which can be attributed to Components 1, 2 and 4. This classification is done because the methodology for assessing benefits resulting from the supply of land information was quite developed while the data for efficiency in land administration was not developed and, therefore, concise data for quantification was not collected. As such, this Economic and Financial Analysis (EFA) focuses primarily on assessing the benefits from the supply of land information.

Methodology Economic benefits from the supply of land information 4. The implementation of Component 3 (Improving Maps and Spatial Data for Land Administration) has brought about many direct and indirect impacts, such as the production of Base Maps (Orthophoto and Vector Maps), which have significantly impacted the time spent by surveyors in the field in areas where orthophotos exist. In a survey conducted as part of the evaluation of LAP2, approximately 35 percent of surveyors noted that orthophoto maps are accurate and precise in terms of plot clarity and coverage, 24 percent of surveyors indicated that the use of orthophoto maps makes their work faster and saves time, and 18 percent reported that the use of orthophoto maps contributes to cost savings, as expenses related to field visits are not incurred. 5. Moreover, the installation and use of LUPMIS in all LUSPA offices, including the 216 district/municipal/ metropolitan areas, has helped significantly in spatial planning and in the use of maps for the preparation of strategic national documents. For example, the development of a National Spatial Development Framework (NSDF) faciliated by the MLNR and the MESTI provided comprehensive information on the distribution of land use activities across Ghana. Based on the NSDF, the National


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Development Planning Commission (NDPC) prepared a 40-year development plan that should guide Ghana’s development using different models developed with the help of LUPMIS. Further, the Ghana Infrastructure Investment Fund and the Ministry of Railway Development rely on the NSDF for infrastructure development while the Ministry of Food and Agriculture benefitted from the production of LiDAR Maps for the Nasia-Nabogo Inland Valley Area under the Ghana Commercial Agriculture Project (GCAP). The Greater Accra and Ashanti Regional Spatial Development Frameworks (RSDF), which depend largely on maps provided by the NSDF provide a broad range of uses to various ministries and other state bodies for spatial and infrastructure planning in the country. 6. Furthermore, the Street Naming and Property Addressing System developed by the AMA is envisaged to enhance revenue mobilidation and improve the delivery of municipal and allied services. The average number of properties captured and revenues obtained by AMA from 2010 to 2016 was about 85,000 and GHC 10 million respectively. As a result of the property adressing activities, the number of rate-able properties captured in the database of AMA has significantly increased to 226,856. The Budget/Revenue division of AMA estimates that improved revaluation of 226,856 properties, coupled with strengthened systems of billing and collection, could increase the average annual revenues from property rates between three- and five-fold. Agencies such as the Police, Emergency Service Providers (Ghana Ambulance Service and Ghana National Fire Service) and courier services are also using this system to accurately locate places in Accra, which helps to reduce transport costs. 7. According to the PAD, the calculation of the economic benefits resulting from the supply of land information focused on the quantification of one set of benefits that were associated with at least 50 percent of the base project costs, namely, the supply of land information discussed above and its impact on the national economy (Component 3). The current analysis utilizes the same methodology while recognizing that the final expenditure for the project was severely impacted by the reduction in the original project budget of US$72 million to the actual amount available and spent of US$49.85 million, and the reduction in the percentage of the budget actually spent on Component 3 to 27 percent of the revised figure. 8. Specifically, the supply of land information may impact the economy through:

(i) Increased AMA revenues and service delivery for commercial entities resulting from the street

naming and property addressing system; (ii) Reduction in delivery costs of postal and courier service providers; (iii) Reduction in service delivery costs of emergency service providers, such as the Ghana Ambulance

Service and the Ghana National Fire Service, etc.; and (iv) Improvements in the development of national planning in all sectors.

9. Utilizing the same methodology as that outlined in the PAD, this cost-benefit analysis (CBA) is used to assess improvements resulting from the supply of land information. The strategy involves estimating the gross domestic project (GDP) over time using trend analysis with data from 2003-2011 and then assuming what the impact of the increased supply in land information on the economy would be based on work done in Australia.6 The study done for Australia concluded that in 2006-07 the accumulated

6 The Value of Spatial Information – The impact of modern spatial information technologies on the Australian economy, March 2008, ACIL Tasman, http://www.crcsi.com/au/uploads/publications/PUBLICATION_323.pdf.

http://www.crcsi.com/au/uploads/publications/PUBLICATION_323.pdf


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impact of the supply of spatial land data on the economy was between 0.6 percent and 1.2 percent of GDP. Assumptions Underlying the Economic Analysis of supply of land information 10. Project Investment Cost: The project investment was expected to be US$72 million (US$50 million from IDA; US$15 million from the Canadian International Development Agency (CIDA); US$5 million from the GOG; US$2 million for users). However, not all of the constituents were able to fulfill their obligations. Table 1 shows the actual investments in the project from the various agencies: Table 1: LAP2 Inflows by Source of Funding (US$)

YEAR IDA CIDA GOG TOTAL

2012 6,241,482 - 645,995 6,887,477

2013 8,361,902 - 266,858 8,628,760

2104 9,916,801 897,612 87,843 10,902,256

2015 9,964,918 1,603,307 27,701 11,595,926

2016 6,303,989 - - 6,303,989

2017 6,006,004 - 23,112 6,029,116

Total 46,795,096 2,500,919 1,051,509 50,347,524

Source: LC.

11. Project Life: Project life (the project implementation period for the investment) was expected to be 5 years starting from 2011 and investment funds were supposed to be evenly distributed over these 5 years. As indicated in Table 1, 2011 saw no investment in LAP2, as preparatory work was being done for its implementation. Investment started in 2012 and spanned over 6 years while the disbursements were not evenly done. Thus, 2012 is used as the base year. 12. Planning Horizon: The total horizon over which the economic analysis was to be conducted is 20 years, of which 5 were for implementation and 15 for the operational period. However, the total implementation period was 6 years. Thus, 6 years (2012-2017) were used as the implementation period and 14 (2018-2030/31) were used as the investment horizon. 13. Recurrent Cost: The ex-ante estimations assumed that following the investment period of 5 years, the GOG will incur about US$1 million in recurrent costs each year until the end of the project cycle. This EFA maintains this assumption. 14. GDP in Base Year: Ghana’s GDP at the base year (2011) was estimated at US$18 billion. Since the base year is shifted to 2012, the 2012 GDP (US$41,655.96 million) will be used. 15. Non-Oil Annual GDP Growth Rate: A conservative estimate of 4 percent was used for the non-oil annual GDP growth rate in the ex-ante analysis. This rate is maintained because it is quite modest for the


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period under consideration. 16. Benefits with Project: As mentioned above, a study done for Australia concluded that in 2006-07 the accumulated impact of the supply of spatial land data on the economy was between 0.6 percend and 1.2 percent of GDP. Looking at Ghana’s level of development, the fact that the investment cost was reduced and the that they benefits associated with the component is largely public rather than private, it is expected that the figure for the country is very low and, therefore, three scenarios were estimated as follows:

(i) Base Scenario: Impacts of project investment on the GDP are assumed to be 0.02 percent per

annum as of year 7, will increase by 0.01 percent biannually and will stabilize at 0.06 percent in year 15.

(ii) Optimistic Scenario: Impacts of project investment on GDP are assumed to be 0.1 percent per annum as of year 7 to the end of the project.

(iii) Highly Optimistic Scenario: Impacts of project investment on GDP are assumed to be 0.2 percent per annum as of year 7 to the end of the project.

17. Opportunity Costs of Capital (OCC): The 10 percent OCC was maintained because this rate is assumed for many international projects. 18. One the estimates of GDP with and without the project are obtained, the net impact is found and then discounted to the present. Based on this information, three efficiency parameters are calculated: (i) Internal Rate of Return (IRR); (ii) CBR; and NPV. IRR is the interest rate at which the NPV of all the cash flows from an investment is equal to 0 and used to evaluate the attractiveness of an investment. In general, if the IRR of an investment exceeds a company’s required rate of return, the investment should be rejected. In this example, the required rate of return could be approximately 10 percent, since this is the discount rate used. The NPV is the present value of the cash flows at the required rate of return of an investment compated to the initial investment or a method for calculating the return on investment. Calculating the NPV requires discounting of all the net benefit from the investment over the project’s lifetime and subtracting the amount of the initial investment from it. Financial Analysis 19. The methodology used to undertake the financial analysis revolves around the difference in

difference method. Specifically, the difference in net revenue of the LC with and without the program is

estimated over the project’s lifecycle. The Lands Commission collects revenue in the form of the stamp

duty (a transfer tax based on the value of the property involved) and fees (non-tax revenue) collected for

services provided by the LC – registration of deeds or titles, production of a certified copy, etc.


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Figure 1: Revenue and expenditure of LC with and without the program and corresponding trend lines

20. For the period without the program, trend analysis is used to estimate the revenue and expenditure that will accrue based on actual data from 2003 to 2011 in the case of revenue and from 2006 to 2011 in the case of expenditure. For the period with the program, trend analysis is used to estimate the revenue and expenditure that will accrue after the program based on actual data from 2012 to 2017. The cost of LAP2 is also included as an expenditure element in the period with the project. Figure 1 provides information on revenue and expenditure with and without the program and the corresponding trend lines. Results Economic Analysis

21. As indicated in Table 2, the base scenario where project impact on GDP is assumed to be 0.02

55 57

79

115104

167

2333

42

63 58 59

y = 2.3126x - 4.6744

y = 21.094x - 167.36

y = 7.8824x - 52.386

-200

-150

-100

-50

0

50

100

150

200

2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017

Without LAP 2 TR Without LAP 2 TE

With LAP 2 TR With LAP 2 TE

Linear (Without LAP 2 TR ) Linear (Without LAP 2 TE )

Linear (With LAP 2 TR ) Linear (With LAP 2 TE )


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percent per annum as of year 7, will increase by 0.01 percent biannually and will stabilize at 0.06 percent in year 15 guarantees an ERR of 22 percent, a CBR of 2.61 and an NPV of US$65.84 million. The ERR of 22 percent is quite high while the CBR of 2.61 indicates that for every dollar cost incurred a benefit of US$2.61 was obtained. 22. The NPV of US$65.84 million indicates that over the 20-year period the discounted cost of the project is more than the discounted benefits by US$65.84 million. This result is impressive and justifies the implementation of the project. Table 2: Economic Analysis (Base Scenario)

Year

Costs Calculation of Benefits

Cash Flow LAP II

Investments and

Recurrent Cost

Ghana's GDP

Assumed % Impact of LAP II on

GDP

Estimated Impact of LAP II on

GDP

Ci Bi = Bi-Ci

US$ M US$ M % US$ M US$ M

1 6.9 41656.0 0.00% 0.00 -6.89

2 8.6 48653.8 0.00% 0.00 -8.63

3 10.9 38611.9 0.00% 0.00 -10.90

4 11.6 36264.3 0.00% 0.00 -11.60

5 6.3 36264.3 0.00% 0.00 -6.30

6 6.0 47268.8 0.00% 0.00 -6.03

7 1.00 49,159.6 0.02% 9.83 8.83

8 1.00 51,125.9 0.02% 10.23 9.23

9 1.00 53,171.0 0.03% 15.95 14.95

10 1.00 55,297.8 0.03% 16.59 15.59

11 1.00 57,509.7 0.04% 23.00 22.00

12 1.00 59,810.1 0.04% 23.92 22.92

13 1.00 62,202.5 0.05% 31.10 30.10

14 1.00 64,690.6 0.05% 32.35 31.35

15 1.00 67,278.3 0.06% 40.37 39.37

16 1.00 69,969.4 0.06% 41.98 40.98

17 1.00 72,768.2 0.06% 43.66 42.66

18 1.00 75,678.9 0.06% 45.41 44.41

19 1.00 78,706.0 0.06% 47.22 46.22

20 1.00 81,854.3 0.06% 49.11 48.11

IRR 22%

C&B Ratio 2.61

NPV 65.84


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23. If the annual incremental impact of the project on Ghana’s GDP is raised to 0.1 percent, the ERR improves to 54 percent and CBR to 6.79, while NPV increases to approximately US$237.29 million. Table 3: Simulation of Efficiency Parameter at different Economic Impacts on GDP

Efficiency Parameter

Base case Optimistic scenario Highly optimistic

scenario

IRR (%) 22 46 54

C&B Ratio 2.61 6.79 12.28

NPV 65.84 237.29 462.20

24. The highly optimistic scenario of a project impact of 0.2 percent on the GDP generated an ERR of 54 percent, with a CBR and NPV of 12.28 and US$462.2 million respectively (Table 3). Financial Analysis 25. The results of the financial analysis as presented in Table 4 indicate that LAP2 yielded an FRR of 57 percent, a CBR of 1.97 and an NPV of US$492.77 million. Table 4: Financial Analysis of LAP2 (GHC Million)

Years

Without Project With Project

Cash Flow

LC Revenue Expenditure Surplus

LC Revenue Expenditure

LAP2 Costs Surplus

R1 E1 S1=R1-E1 R2 E2 C

S2=R2-E2-C S2-S1

2003 5.56 2004 8.42 2005 6.15 2006 10.29 4.57 5.72 2007 18.13 7.73 10.40 2008 24.02 8.00 16.02 2009 18.37 13.46 4.91 2010 26.58 10.20 16.38

2011 35.17 18.18 16.99

2012 34.55 13.9 20.63 55.36 22.63 12.96 19.76 -0.86

2013 38.07 16.2 21.83 57.00 33.21 17.01 6.79 -15.05

2014 41.59 18.6 23.04 78.96 41.69 32.02 5.25 -17.79

2015 45.11 20.9 24.24 114.66 62.68 43.73 8.25 -15.99

2016 48.62 23.2 25.45 104.47 57.79 24.74 21.94 -3.51

2017 52.14 25.5 26.66 167.39 58.86 26.26 82.26 55.61

2018 55.66 27.8 27.86 170.14 73.73 96.41 68.55

2019 59.18 30.1 29.07 191.23 81.61 109.62 80.55

2020 62.70 32.4 30.27 212.33 89.49 122.83 92.56


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2021 66.21 34.7 31.48 233.42 97.38 136.04 104.57

2022 69.73 37.1 32.68 254.51 105.26 149.26 116.57

2023 73.25 39.4 33.89 275.61 113.14 162.47 128.58

2024 76.77 41.7 35.09 296.70 121.02 175.68 140.59

2025 80.29 44.0 36.30 317.80 128.90 188.89 152.59

2026 83.80 46.3 37.50 338.89 136.79 202.10 164.60

2027 87.32 48.6 38.71 359.98 144.67 215.32 176.61

2028 90.84 50.9 39.91 381.08 152.55 228.53 188.61

2029 94.36 53.2 41.12 402.17 160.43 241.74 200.62

2030 97.88 55.6 42.33 423.27 168.31 254.95 212.63

NPV 474.02 238.08 235.93 1474.05 635.40 109.95 728.70

C/B= 1.97 IRR= 57% NPV= 492.77

26. The FRR of 57 percent is quite high while the CBR of 1.97 indicates that for every dollar cost incurred a benefit of US$1.97 was obtained. The NPV of US$492.77 million indicates that over the 20-year period the discounted cost of the project is more than the discounted benefits by US$492.77 million. This result is quite impressive and justifies the implementation of the project. Conclusions 27. The EFA of LAP2 indicates that investment in the project is economically and financially efficient. Based on the benefits resulting from the supply of land information, which is mainly related to Component 3, the project’s highly optimistic scenario results in an ERR of 54 percent and an NPC of US$462.2 million. If the benefits attributed to efficiency in land administration (which can be attributed to Components 1, 2 and 4 of the project) are added, the economic benefits will increase. The FRR is estimated at 57 percent over a 20-year period, which is quite high compared to many investment returns.


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ANNEX 5. BORROWER, CO-FINANCIER AND OTHER PARTNER/STAKEHOLDER COMMENTS

[Page 1]

[Coat of Arms of the Republic of Ghana]

10th October, 2018 THE COUNTRY DIRECTOR WORLD BANK OFFICE ACCRA Dear Sir, GHANA: SECOND LAND ADMINISTRATION PROJECT (CR. NO. 4870-GH) APPROVAL OF IMPLEMENTATION COMPLETION AND RESULTS REPORT (ICR) Reference is made to the Final Implementation Completion and Results Report (ICR) for LAP-2 submitted for comments. We have reviewed the Report and have no further comments on the Final Report since our comments on the Draft Report have been duly considered. As it is the policy of the World Bank to make the Implementation Completion and Results Report accessible to the public after approval by its Board of Directors, we agree to make the Report accessible to the public since, in our opinion, it contains no confidential or sensitive information. We will like to show our appreciation to the on-going support of the World Bank to the efforts by the Ministry and the Government of Ghana to improve the land administration system in the country Yours faithfully, [Signature] PROF. PATRICK AGBESINYALE CHIEF DIRECTOR FROM: MINISTER [Page 2] [cc list]


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ANNEX 6. SUPPORTING DOCUMENTS (IF ANY)

Basic Documents:

LAP2 Project Appraisal Document. March 7, 2011.

ICR for LAP1 December 27, 2011.

IEG ICR Review for LAP1. June 12, 2013.

Country Assistance Strategy for Ghana. FY08-11. May 31, 2007.

Country Partnership Strategy for The Republic of Ghana For the Period FY13-FY16. August 20, 2013.

Systematic Country Diagnostic. October 19, 2017.

Implementation Status Reports (ISR). ISRs 1 to 12 covering the period September 8, 2011 through to June 21, 2017. Also, the draft ISR last modified on May 3, 2018.

Aides Memoire for LAP1 (includes preparation phase for LAP2) from April 2010 to May 2011.

Aides Memoires for LAP2, from February 2012 until February 2018. Also the draft Aide Memoire for May 2018. This includes the Mid-Term report Aide Memoire from June 2014.

Financing Agreement. June 15, 2011

Trust Fund Agreement between IDA and CIDA. September 28, 2012

Restructuring Papers for the Canadian Trust Fund dated March 20, 2013 and April 14, 2014 Amendments to Canadian Trust Fund Agreements dated March 20, 2013 and April 14, 2014.

Restructuring papers for the IDA credit dated March 7, 2013, January 29, 2015, April 7, 2015 and February 2017.

Financing Agreement Amendments dated March 13, 2013, April 30, 2013, July 2, 2015 and February 8, 2017.

Laws:

National Land Policy. June 1999.

Land Bill, 2017 and Land Bill Memorandum. MLNR

Land Use and Spatial Planning Act, Act 925 2016.

Reports:

Review of Project Interventions and Outcomes Towards Closure of Ghana Land Administration Project. JMK Consulting. February 2018. (This is the government project completion report).

OASL Detailed Report. December 2017.

LUSPA Detailed Report. December 2017.

Judicial Services Detailed Report. November 2017.

Street Addressing and Property Numbering Report. Accra Metropolitan Assembly. November 2017.

Progress Report and the Way Forward. MLNR. November 2017.

Summary of Training Programs Implemented under LAP2. PCU. December 2017.

Preparation of Legislative Instruments for the Lands Commission Act, 2008 (Act 767) and the Office of Administrator of Stool Lands Act, 1994 (Act 481). Bentsi-Enchill, Letsa and Ankomah. July 31, 2017.

Street addressing and property identification report. Linus Pott. July 6, 2017.


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Assessment of the Impact of the Pilot Interventions in the Customary Land Administration Sector in Ghana. Final Evaluation report. Professor Bugri, Department of Land Economy. Knust, Kumasi. June 2017.

Alternative Dispute Resolution (ADR) Process for Customary Boundary Demarcation. West African Dispute Resolution Center. March 2017.

Gender Mainstreaming Strategy. PCU. March 2017.

Land Use and Spatial Planning Authority Draft Final Five Year Business Plan (2017-2021). Author not stated. March 2017.

Revised Final Report on Land Related Fees and Charges in Ghana. Kwane Asante Associates. Undated, but delivered in early 2017.

Land Registration System in Ghana. Inception report. March 2016. Geo-data. (No further reports or work was concluded.)

Strategic Business Plan for the Land Commission. Victor Osel. June 2011 and amended March 2015.

OASL Manpower Plan. Management Services Department. Accra. March 12, 2014.

Rapid Social Assessment Report. Social assessment, communication, sensitisation and gender activities for demarcation and documenting rural parcel rights in CLS areas. Land resource Management Centre. February 17, 2014.

Social Assessment for Bongo Customary Boundary Demarcation. Author not stated. Unknown date, but was prior to the demarcation work.

Development of A Comprehensive Assessment of the Capacity Needs of Land Sector Agencies and the

Design of Human Resource Development Plans. PlanConult. October 11, 2013.

Customary Land Secretariat Business Plan. Globalstandard Consulting Limited. August 2013. Separate reports for Anum, Asantehene, Bole, Dormaa, Ejisu, Fievie, Gbawe, Gulpe, Wa Central and Wassa Amenfi.

Process Re-Engineering and Business Integration. Draft Final Report. LC. Undated, but delivered in early 2012.

Project Implementation Manual. May 2011.

Strategic Business Plan for OASL. Sumuel Sarpong. April 2011.

Operations Manuals for: Customary Land Secretariat; Ascertainment of Customary Law on Land and Family; and Rural Parcel Rights Demarcation

In addition

The National Spatial Development Framework and the two (2) Regional Spatial Development Frameworks for Greater Accra and Ashanti Regions were reviewed in the PCU office. These documents are available on the LUSPA web site.

The GELIS software was reviewed on May 4, 2018


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ANNEX 7. RESULTS AND IMPACT ASSESSMENT

1. In the main text it is stated that the PDO outcome indicators for the project do not satisfactorily monitor or make it possible to evaluate whether the project impact as described in the PDO was achieved. As a result, the activities and their impact need to be assessed to see how the project supported the PDO and this is outlined in the table below. 2. PDO: To support the recipient’s efforts to consolidate and strengthen land administration and management systems for efficient and transparent land service delivery. 3. Key words: Consolidate and Strengthen; Efficiency and Transparency. Those activities that have had most impact in meeting the PDO are highlighted in bold letters in the fifth column. 4. The PDO indicators identified in the PAD for this project relate only to subcomponent 2.2. There are concerns about the usefulness of the first PDO indicator and the information supplied for the second PDO indicator. These are addressed in more detail in Box 2, after the table below.

Component Activity Result Comment Progress in meeting PDO

Component 1. Strengthening the Policy, Legal and Regulatory Framework for Land Administration

1.1 Completion of the Land and Land Use and Planning Bills and their Legislative Instruments (LI)

1.1 Land Bill The Land Bill has been completed and submitted to parliament following Cabinet approval on October 23, 2017.

Laws are notorious for taking a long time to process, especially with such sensitive issues concerning land. The Land Bill was being developed in LAP1 and continued in LAP2. There was good perseverance to get to this stage. Note that ‘passage’ of a law cannot be a required output in a project as this is the prerogative of the elected officials of the day.

Effective “consolidating and strengthening” upon results of LAP1. Impact on the beneficiaries not yet felt as the law is not yet passed.

Land Use Planning Bill Bill passed. Land Use and Spatial Planning Act, 2016.

Passage of this law is a major achievement. It enabled the creation of LUSPA, which has been very effective in

The work of LUSPA has had a major impact on the land management


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overseeing reforms in the planning sector leading to the production of the national and two regional strategic planning frameworks under the project, and others not funded by the project.

parts of the PDO, with the beneficiaries in local government and service providers being provided with guidance and direction for key developments benefitting all society. The clarity of the planning documents and the LUSPA website also improve transparency. This is a key and important outcome from the project.

LI for Administration of Stool Lands Act and the Land Commission Act

The final draft of LIs for both has been submitted to the Attorney General.

The OASL have been very effective in providing guidance in the establishment of CLSs, overseeing the demarcation of customary land borders, demarcating rural land parcel rights and the ascertainment of customary law on family land. As 80 percent of land falls under customary tenure their role in land administration and management is fundamental. Their impact in the customary areas has been commendable through their successful activities.

The work of the OASL has had a major beneficial impact on land owners, small scale farmers and the public in general through their oversight. The impact is seen through the establishment and functioning of the CLSs. (See below).

Easy to read and comprehensive materials on land laws, plus lay persons guide on land

Various manuals and documents produced, especially for guiding the CLSs, demarcation work,

Useful supporting documentation provided, but not all final documents prepared as the land bill is not yet passed into law.

Very useful background information.


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laws. document management, etc.

Training workshops for all stakeholders. Target 120.

5,792 people involved in training from all sectors.

The training program implemented was extensive and supported all stakeholders in all sectors. It ranged from longer term post-graduate courses to smaller conferences and locally based workshops. This aspect of the project is very impressive.

The training program had a positive impact on nearly all beneficiaries and would clearly have had a positive influence on efficiency and transparency in both land administration and land management country-wide. However, the impact from this is not something that can easily be measured.

1.2 Partnership with the Judiciary

1.2 Improve adjudication of land cases

The average turn around time for court cases involving land issues has reduced from 13 months to 10 months.

A study in 2010 reported that court cases took from one year to three years to resolve for 36.3 percent of cases. There has been great improvement. The main delays now occur because the courts await information from the deeds or title registries. Once these are also automated the time reduction will be greater.

The program of partnership with the judiciary led to a much simpler, quicker and more user-friendly process of dealing with disputes involving land. This has a very positive impact on land administration and land management making it both more efficient and transparent.

Training of Judges, lawyers and other key actors. Target was 120.

127 judges and magistrates, and 236 other court officials were involved in training programs.

Part of the highly successful training program under the project.

Use of Alternative Dispute Resolution (ADR)

ADR started in 2013, but there has been limited uptake as most wanted the

The methodology was tested and worked moderately well, but there was little uptake from the parties involved.


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court proceedings. 36 cases went for mediation by ADR, but only 6 were concluded through ADR.

This is a voluntary procedure and it did not achieve the anticipated conclusion. This is a lesson learned.

Automation of Land Courts

Land courts were both refurbished and automated. The number of dedicated land courts was increased from 6 to 12.

Direct Transcription Service installed. The refurbishment and automation helped to reduce the backlog of cases and speed up the processes.

Review Rules of the Court to improve adjudication

This review was completed and led to the incorporation of written witness statements into the court rules. High Court (Civil Procedure) (Amendment) Rules came into force on March 4, 2015.

This was reported by the judicial services as a key reform that led to the reduction in time at the courts.

Scanning land records and publishing land cases

Records were scanned and digitized, but the contract to publish land cases failed.

The failure to publish land cases was a procurement issue. The scanning and digitizing was successfully completed.

1.3 Specific Supporting Studies

1.3 Review policies on land-related fees and taxes

The report was produced in February 2017.

The report is lengthy and has many recommendations. This document is very useful for the government as they are now considering the future of the LC and possible self-funding or a PPP arrangement.

No impact at this stage, although the report will be useful for the future.

Collaborate with the proposed Commercial Agriculture Project in order to facilitate access to suitable land for

The project provided maps for areas covered under the Commercial Agriculture project from which decisions could be made. There was

Benefits are not really known, but the project did provide the cross support requested and it is anticipated that rural people and some investors may have benefitted.

There are possible impacts accruing, but these are not known in practice, or measured.


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investors, whilst ensuring rights and interests of owners are protected.

also evidence of some cross-support through the established CLSs under the project.

Component 2 – Decentralizing and Improving Business and Service Delivery Processes

2.1 Decentralizing of Service delivery

Decentralize land administration services to the regions. Initially 12 district offices to be established. Reduced to 7 CSAUs during restructuring because of budget reductions.

The 7 CSAUs were established and are operational.

The CSAUs provide excellent quality public reception areas and a ‘one-stop-shop’ for the public. They were established in 2016 and include a document management software that allows tracking of the progress with applications. They are effectively the ‘front office’ and interface with the public.

The CSAU function well and provide greater levels of transparency and good levels of efficiency in the application and receiving of documents phases. They do not affect the ‘back office’ where documents are processed and this is still a concern.

CLS promoted and providing decentralized services. 50 additional offices planned. 25,000 land rights to be recorded at the CLS. At restructuring a target to solve 2,000 cases by ADR was included.

The 50 additional offices (adding to the 38 from LAP1) were established and function well. 36, 178 land rights are recorded. 307 cases solved by ADR

The CLS as a model appears to be working very well. It is still early to assess whether this will last ‘long term’ and retain the transparency that is currently looking positive. With the proposed AF it would be good to monitor and professionalise further the current CLSs, so that they are ideal models. An annual technical and financial audit ought to be put in place in order to sustain this system, and this should be brought up with the OASL. See comment above on ADR, it seemed not to be popular at CLSs either.

The establishment of the CLS was important because 80 percent of the population utilize customary land administration and management systems, and the CLSs are a good model for increasing transparency, inclusion and efficiency. Also, for initial information supply and support to resolve disputes prior to court or official ADR procedures.


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Ascertainment of Customary Practices. 50 locations in PAD, reduced to 10 at restructuring because of budget reductions.

8 were completed and validated. Funding constraints prevented the other 2 from being completed.

The general feedback received was that it was beneficial to document the customary practices for reference in case of future problems.

This may have an impact on transparency for the future if problems occur in the customary areas because the practices have been documented.

Piloting of systematic process of demarcating and documenting rights to all parcels in rural communities. (Part of the 25,000 land rights referred above).

3,856 parcels were surveyed at an average cost of US$124 per parcel. It was planned to complete 5,118 but they were not all completed.

The cost of systematic registration of parcels in rural communities is roughly ten times the average in other countries (Rwanda and Ethiopia for example). The process was also quite slow and is not replicable. Further pilots could be done to reduce the cost and time, but they would need a totally new approach.

Lessons learned, but no major impact on the PDO.

Systematic title registration to be undertaken on a pilot basis in selected regions. No targets set.

Not done. This was referred in the project description, but not in the targets. It was dropped when the budget reductions occurred.

N/A

2.2 Streamlining Business Procedures

Reduce the turnaround time for registering documents at the deeds registry. Target 1 month. Applied to CSAU offices only at restructuring.

The average turnaround time for deeds registration is 2.1 months, varying between 5.5 months in the Upper East Area to 0.7 months in the West.

The baseline figure was 3 months, so there has been some improvement in the turnaround time. The implementation of the CSAU would have had a good impact, especially in transparency and customer satisfaction. However, there does not appear to have been much investment in the deeds registry back offices to make sufficient changes. GELIS is not yet rolled out and it may have an

This is a PDO Target. It is a poor indicator because whether a client waits one month or three for information that their deed is registered is not critical. See Definitions, below.


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impact when it is installed.

Reduce the turnaround time for registering title at the land title registry. Target 2 months. Increased to 3 months at restructuring.

The average turnaround time reported in November 2017 was 2 months, but the data is inconsistent and not accepted by the ICR author. The data is also not disaggregated according to the registration of transactions and first time registration of a property right (which takes a longer time).

The land title registry has huge backlogs going back many years, and these backlogs still exist. The baseline data figure of 7 months and the current estimates reported in the M&E tables are not supported by facts. The only real data available comes about following the introduction of the CSAUs, where document applications and processing are tracked. This has occurred since June 2016 and most of these applications have not been approved yet.

This is a PDO Target. Although this would have been a useful target, the lack of accuracy in measuring the target renders it of very limited use for ICR purposes. See Definitions, below.

Information on land transactions with information on fees, values and charges publicly available. Target was 10 percent, but was meant to say 10 media outlets or publications.

This target has been met, because the information on fees and targets and other publicly available information has been provided in at least ten different forms of media.

Media used were magazines, newsletters, newspapers, websites, electronic displays at the CSAUs, notice boards, press engagements, flyers, reports and in distributed calendars.

This is a PDO Target. This will support the PDO statement relating to transparency in the land administration and is therefore useful.

Registered land transactions. Target 30,000.

The target has been met and exceeded, with 82,438 recorded transactions. It is also disaggregated according to gender with 57 percent male, 20 percent female, 12 percent joint male and female and 11 percent institutions.

When the project started there were about 6,000 transactions already being registered per annum, so a target of 30,000 over 5 years was just to maintain parity. However, the target is far exceeded so this a positive sign.

This is a PDO Target. This result shows that far more people are using the land title and deeds registration systems, so it can be argued that they are more satisfied with the services provided, hopefully implying that the services are more


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efficient and transparent than before.

Land Information System (LIS) piloted under LAP1 upgraded and integrated with LUPMIS and Urban Management and Land Information System (UMLIS).

The LIS was supposed to help with the efficiency of the land administration system at the deeds and title registries. During the course of the project it was concluded that the LIS from LAP1 was not usable and that a new system would need to be developed, known as GELIS. GELIS has been developed and tested but not tried out in a live situation.

GELIS is expected to have a beneficial impact on the speed of processing files because data and files would be available on-line and the processes would be automated. In theory this will be true, but in practice it is still necessary to load vast amount of data into the system and test it in a live situation. The data from four districts has been loaded and it is clear from this that much of the data is incomplete, inaccurate or contradictory. It will be some time before GELIS can have a major impact on the turnaround times for registering title for the first time or for recording transactions with title or deeds.

GELIS is an output that should help to improve efficiency once it is up and running. When linked with the CSAU software and processes adopted at the CSAU and the title registry it should also improve transparency.

Computer aided mass appraisal software (CAMA) to be developed. Target was 15 districts to be revalued. Dropped at restructuring because of funding reductions.

Dropped, but activities relating to the street addressing supported reaching the same outputs, viz. improving the valuation and income generated through property taxes.

Many activities had to be dropped because of the budget reductions. This was a logical one to drop, because it was unlikely to be achievable even if the budget were in place.

N/A

Reduction in time of issuing building permits

No target was set and this activity was not pursued during the project.

The project as originally designed included the production of local urban plans and issues relating to building permitting could have also been affected. However, the funding gap and time constraints meant that these

N/A


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activities had to be dropped.

Clear backlog of applications for title registration. Target of 79,472 introduced during restructuring. This covered the backlog between 1986 and 2010.

62,633 cleared as at November 2017. The backlog from 2010 to 2016 when the CSAU was established is unknown. The backlog from June 2016 to May 2017 is likely to be in the 50,000 to 60,000 range.

Few resources have been put into the project to reduce backlogs and the backlogs remain significant. There are applications that have been outstanding for many years and therefore it is illogical to think that turnaround times measured in months are realistic.

Little impact from the project, although some of those people that have been waiting for registration for 8 to 22 years will have seen some conclusion to their applications.

Scan remaining manual documents and introduce digital storage and retrieval of records.

Not yet undertaken. This is expected to be included once GELIS is implemented.

N/A

Component 3: Improved Maps and Spatial Data for Land Administration

3.1 Developing policies for surveying and mapping and other spatial activities

Policy for surveying and mapping. LIs and instructions to be revised.

Completed. Submitted to Cabinet for approval.

Policy established but not yet implemented. It is needed for the overall improvement of land administration and management.

N/A yet.

Policy for geodetic Networks and a Continuously Operating Reference System (CORS)

Completed. Submitted to Cabinet for approval.


N/A yet.

Policy for national Spatial Data Infrastructure

Completed. Also produced metadata policy. Submitted to Cabinet for approval.


N/A yet.

3.2 Preparation of Base Maps

Base maps for 4 target regions. Reduced to 2 regions at restructuring

Orthophotomaps for both regions and line maps for one region produced. The

The orthophotomaps were utilized across the country by different institutions. They were the basis for the

The base maps are an essential basis for all the improvements being


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because of funding constraints.

other set of line maps was cancelled following poor performance by the contractor.

planning and street addressing work. Also used when assessing documents submitted for registration and when dealing with disputes. Line maps are less useful and were not utilized much in the project.

made in the land administration and management. They do not directly impact the PDO, but are fundamental inputs to the activities that do affect the PDO.

3.3 Establishment of Geodetic Reference Network

Full Geodetic program including establishing the CORS stations. Dropped during restructuring because of funding constraints and replaced with requirement to design the network architecture.

The architecture for the geodetic reference network was produced. Submitted to Cabinet for approval.


N/A yet.

3.4 Boundary Demarcation.

Original target of 10 boundaries to be demarcated reduced to 1 during restructuring because of budget reductions.

The boundary for one customary land unit was demarcated and surveyed, apart from about 17 km that was under dispute and was not resolved.

It is unclear what the benefit of this exercise was. In LAP1 it was planned to do 80 of these and they ended up trying to do 10. If there are no disputes and the boundaries are known, there is little advantage in demarcating and surveying them. Disputes for those concluded under LAP1 were long-standing with similar results to the one from LAP2. The danger is that disputes are brought to light, when they were in abeyance and that where there are


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long standing disputes they will not be resolved. It is unrealistic to think that a major impact can be made in a 5-year project timeframe through consultants. The team therefore effectively ends up surveying areas where there is no dispute.

Improvement in efficiency and transparency in land administration for beneficiaries in rural areas.

Guidelines and manual for boundary demarcation and demarcation that includes dispute resolution using ADR processes.

Followed on from LAP1. Completed and used for the boundary demarcation referred above and for others completed on demand.

This is a useful output for dealing with cases where customary boundaries are to be demarcated. Apart from the one case referred above, there have been instances where parties have funded their own boundary demarcation as they required clarity and used the experiences and manuals prepared in the exercise. It appears to be a better model to let the process be demand driven and for the participants to pay for it.

3.5 Preparation of Land Use Plans

Develop national spatial framework, four regional structural plans and local plans for 25 districts and 10 towns. Reduced to 1 national and 2 regional plans at restructuring because of budget reductions.

The national spatial development framework and regional frameworks for Ashanti and Greater Accra regions completed in 2017.

The national and regional plans have had a highly beneficial impact on land management and development. They are already guiding investments and infrastructure developments. They are being effectively managed by LUSPA, that has been created under the law developed through LAP1 and LAP2. Data in investments, job creation, etc. is not yet available as the plans were only finalized in 2017, but the future impacts are likely to be very high.

A major impact on improving the efficiency and transparency in land management. The impact will be primarily noticed in the next few years.


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LUSPA has developed software and web-services that encourage transparency and information sharing.

3.6 Revaluation of Properties

Revaluation of properties in 15 districts based on CAMA produced and the maps provided. Dropped at restructuring because of budget reductions.

Dropped. It was unrealistic to think this major task could be completed together with all the other tasks within the time frame of the project.

N/A

3.7 Street Addressing and property identification

System for building registration and property rates collection, address database and register including human resource development and public outreach. Targets were made during restructuring to include 2,850 streets and 120,000 parcels.

4,580 streets identified and 3,782 named. 125,000 parcels identified and numbered. Street signs put up, but numbers not yet placed on buildings.

This activity will have a major impact on land administration and land management within the major cities. In the short term it has made available information on properties that are not included in the valuation role, and which would more than double the number of properties taxed, and therefore the income received by city administrations. The address system is also fundamental for future city planning and development decisions.

A major impact on improving the efficiency and transparency in land management. The impact will be primarily noticed initially by city administrations through increasing property tax revenue and in the next few years as developments occur.

Component 4. Human resource Development and Project Management

4.1 Human resource Development

HRD development plan and training plan to be prepared and training implemented.

HRD plan developed and implemented successfully.

The training undertaken in this project is one of the most important and effective activities. Staff trained and graduates from the longer term courses have generally remained in service and are providing good support to the

The trained personnel are providing more efficient and transparent services in both land administration and land management.


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government agencies.

4.2 Gender Equality Mainstreaming

Mainstream gender activities into project implementation. At restructuring a target to have 30,000 deeds or titles recorded and disaggregated by sex was included.

80,827 cases were included, of which 57 percent were male, 20 percent female, 12 percent joint and 11 percent institutions.

The project has specifically targeted and tried to support gender equality in land rights through information campaigns, training and gathering gender disaggregated data needed for decision making. They government have treated this activity with the seriousness that it requires and have achieved some good results.

The female beneficiaries of the project are specifically referenced in the project documents and the project has satisfactorily helped women to understand their land rights and be recorded as right holders. When visiting the CLSs in the field they fully understood the rights of females and the need to pro-actively ensure the protections of their rights. The management of the CLS always includes at least one woman.

Recruit social development specialist. At restructuring it was decided to establish 4 gender equality desks in the regions and at the LC.

5 gender equality desks established.

At restructuring it was agreed to include training in gender equality, land rights and M&E for CSOs. 10 regions and 15 CSOs to be covered.

10 regions and 20 CSOs received the training.

4.3 Communication and Public Outreach

Communication strategy adopted and rolled out. 100 events expected.

111 different events undertaken during the project period.

The project has undertaken sufficient public information and awareness campaigns to ensure that the project activity and the rights of people are adequately disseminated.

The general public in both urban and rural areas have been beneficiaries – improving the transparency of the land administration and


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Public communications units established at implementing agencies.

Communications officers were hired by the LC at national and regional levels, although later replaced with a centrally engaged communication officer.

Communications and public outreach generally appear to be catered for by all implementing agencies.

management systems.

4.4 Project Management

Project management Successfully implemented throughout project.

Project management has been satisfactory.

N/A


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Definitions: 5. Land administration is the way in which the rules of land tenure are applied and made operational. Land administration, whether formal or informal, comprises an extensive range of systems and processes to administer land. The processes of land administration include the transfer of rights in land from one party to another through sale, lease, loan, gift and inheritance; the regulating of land and property development; the use and conservation of the land; the gathering of revenues from the land through sales, leasing and taxation; and the resolving of conflicts concerning the ownership and use of land. Land administration functions may be divided into four components: judicial, regulatory, fiscal and information management. These functions of land administration may be organized in terms of agencies responsible for surveying and mapping, land registration and land valuation. 6. Land management is the process of managing the use and development (in both urban and rural settings) of land resources. Land resources are used for a variety of purposes, which may include, among others, housing, agriculture, reforestation, water resource management, infrastructure and eco-tourism projects. 7. A deeds registry, or register of documents, provides a means for registering documents that are normally prepared by lawyers for their clients, who are the parties to a transaction. The deeds registry checks that the document is correctly prepared and meets legal requirements, but it is not checked in detail and does not confirm title. It provides a register of documents that lawyers (and others) have access to so that they can access copies of these documents and satisfy themselves that any new transaction is in order. They would normally check several documents to confirm that there is a good chain of documents that would convince them that it is ‘safe’ for the transferee to proceed with a transaction. PDO indicator one shows that the time taken to register a deed has been reduced from 3 months to 2.1 months. This is a good improvement, but not critical to the PDO because the transaction has already been completed by the time it is sent for registration and whether it takes 3 months or 1 month to register is only important if a subsequent transaction is underway within that period. Good practice would ensure that the deeds registry is reliable and that registration of a document occurs within a few days (or less). Progress is reasonable with this indicator, but it is not something that would normally be considered sufficiently important to be a key PDO indicator because the time to register the document does not affect the beneficiaries much. Of course, if the whole system is dysfunctional or registration takes far too long it will be a serious issue, but this does not appear to have been the situation in Ghana when the project started. It should be noted that in LAP 1 the time for registering deeds was an important constraint because it took over three years to register a deed, but that problem was solved during LAP 1. 8. A title registry is fundamentally different to a deeds registry. In a title registry it is the responsibility of government (or the agency delegated that responsibility) to create a register of properties and right-holders for that particular property that is accurate, authentic and reliable. When a transaction occurs it comes in the form of an application to amend the register, and it is only the current registered right-holder that is recognized as the right holder. It is the responsibility of the title registry to not only check that the documents submitted are in order, but also to check that the transaction is valid and can be guaranteed as correct. This places a great deal of responsibility on the title registry, which needs to be both transparent and efficient for the system to work at all. When a property is registered for the first time it requires a great deal of investigation to make sure that the person being registered has a


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clear legal title to the property and that the property is correctly described and recorded on an index map. In Ghana, the system has not worked adequately since the registration of title law was passed in 1986. By the time that the project started in 2011 there was already a backlog of over 79,000 cases that went back many years. The ‘baseline’ data in the results framework recorded that the time taken to register was 7 months, but this is not believable when so many cases had taken many years and were still not resolved. Upon enquiry, the author of the ICR was advised that this was the time frame for the small pilot site that was being investigated during LAP1, and not for all cases. It was not clear how the figures entered into the results framework during the course of the project were derived, and the M&E officer that was responsible was no longer in employment. It was not until the establishment of the CSAU in Accra in 2016 that accurate data became available and this shows that in the two years since the CSAU was established most of the property registration applications have not been registered at all. The title registry staff have worked well to deal with most of the outstanding cases between 1986 and 2010, but the backlog thereafter continues to build up. In 2017, for example, only 38 out of 2,652 applications for first registration were processed, and only 61 of 407 transfers of a whole property were processed. As the title registry is so fundamental for securing property rights in the Accra and Kumasi regions, it is an important indicator and could rightly have been included as a PDO indicator. However, there was very little investment or activity within the project focussed on dealing with the serious issues with the title registry and it even appears to be doubtful that the scope of the problem was understood when the project was prepared