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Fertilizer subsidy and
          private fertilizer
          marketing in Nigeria
          Hiroyuki Takeshima - Research Fellow (IFPRI)
          H.takeshima@cgiar.org
          Ephraim Nkonya - Senior Research Fellow (IFPRI)
          Sayon Deb – Senior Research Assistant (IFPRI)


         NSSP National Conference 2012:
  ―Informing Nigeria’s Agricultural Transformation
 Agenda with policy analysis and research evidence‖

              Abuja, Nigeria – November 13-14, 2012


INTERNATIONAL FOOD POLICY RESEARCH INSTITUTE                1
Introduction
 Nigeria spends about 2% of government
  expenditure on agriculture
 Between 2001-2005, Nigeria spent 43% of its
  Federal agricultural budget on fertilizer subsidy
  (Mogues et al 2008). States added subsidies
 Despite the large public investment in fertilizer
  subsidy, Nigeria:
   • Average NPK application in Nigeria is 6 kg/ha
     compared to 6.2kg/ha for SSA (excl Southern
     Africa)
   • Is the second largest importer of rice in the world;
     largest importer of US red & white winter wheat;
   • Value of imported food is growing at an 11%
     annually (Adesina 2011).


                                                            2
Research question
 Did old fertilizer subsidy scheme crowd out
  the commercial fertilizer sector?
   • Patterns of fertilizer sourcing
   • Effect of subsidy on open market fertilizer
     price
   • Size of crowding in/out
   • Policy implications




                                                   3
Fertilizer subsidy
 Crowding out of private sector
   • 18-22% in Malawi (Ricker-Gilbert et al. 2011)
   • Smaller in Zambia (Xu et al. 2009)


 Crowding in – potential (Dorward 2009)
   • Farmers’ awareness of fertilizer benefit
   • Increased fertilizer demand => larger economy of scale


 Other studies
   • Duflo et al. (2011) – subsidy could stimulate fertilizer
     use in Kenya



                                                                4
Crowding in / out

 Fertilizer subsidy crowding in / out
 T=G+C
   • T = Total fertilizer consumption
   • G = Quantity purchased thru gov’t subsidy
   • C = Quantity purchased thru commercial
     suppliers



   If    > 0 → crowding in
   If    < 0 → crowding out
   If    = 0 → no effect
                                                 5
Why this study?
 Government of Nigeria is implementing major
  fertilizer subsidy reforms
  • Hence it is important to set a benchmark
    showing the impact of the current fertilizer
    subsidy program on private fertilizer market
    development
  • These data will be used to assess the impact
    of the new fertilizer subsidy program on
    private sector fertilizer market development.
  • Determine the crowding-in / out of commercial
    fertilizer marketing by the fertilizer subsidy
    program

                                                     6
Nigeria subsidy policy trend
 Years                                   Policy
Early     Each State has separate fertilizer subsidy and distribution system
1970s
1976    Government creates FPDD to centralize fertilizer procurement.
        Actual subsidy 80%-85% and a fiscal cost over US$ 150 million.
1982-86 Under pressure from donors and fall in oil prices, fertilizer subsidy
        reduced from 85% to 28%. Cost of subsidy reaches US$ 240 million
1986-89 Nominal price fixed instead of inflation; subsidy rises to 80%.
1994      Economic reforms reinitiated, devaluation, and fertilizer subsidies
          reduced.
1997      Fertilizer subsidies removed and distribution liberalized.
1999-     Fertilizer subsidy re-introduced. FGN subsidy rate = 25%, each state
todate    gives additional subsidy




                                                                               7
Fertilizer use trend in Nigeria & SSA
regions
                 14
                 12
Average NPK/ha


                 10
                 8
                 6
                 4
                 2
                 0
                      2002    2003       2004    2005    2006    2007      2008
                        Nigeria           East Africa     Central Africa
                        Western Africa    SSA, excl SA
Source: Presenters’ calculation based on FAOSTAT
                                                                                  8
Old fertilizer subsidy scheme

                                                           Subsidized fertilizer
International
                                                           Non-subsidized fertilizer
   market


 Fertilizer
                   Contract      Federal       Submit request
manufacturer
                                                                      State




           Open market                                           ADP




                              Farmer
       Source: Authors illustration based on literature and consultations with9
       the local experts.
Empirical methods
 Two household datasets
  • National survey on agricultural export
    commodities (NASC) – pseudo-panel data
  • Living Standard Measurement Survey –
    Integrated Survey on Agriculture (LSMS-ISA) –
    cross section data
 Examine:
  1. Patterns of sourcing
  2. Effect of subsidy on fertilizer subsidy
  3. Size of crowding in / out


                                                10
National survey on agricultural export
commodities (NASC)
Collected by NBS, CBN,
FMARD and FM of           Year of survey   Sample size
Commerce and Industry     2003             14,337
(FMC&I)                   2006             16,307
                          2007             15,286
Export crop growers       Source: NBS
   • Cashew, Cassava, Cocoa, Coffee, Cotton, Garlic, Gi
     nger, Groundnut, Gum Arabic, Kolanut, Oil Palm
     Rubber, Sesame seed, Sheanut, Sugar cane and
     Tea
   • In 2010 LSMS Data, these farmers account for
       15 % of producers in Nigeria
       30 % of fertilizer use in Nigeria



                                                         11
Living Standard Measurement Survey –
Integrated Survey on Agriculture (LSMS-ISA)
 Collected by the NBS, World Bank
 Sample – 5000 households nationwide
 Approximately 3000 farm households with
  farm plots




                                            12
Fertilizer purchase source
Definitions of commercial / public – subsidized sources
                 Commercial                Public - subsidized
NSAEC data       • Cooperative society*    • Ministry (Extension services)
                 • Local market            • Agro service center
                 • Other source            • Farm service center
LSMS data        • Market (local / main) • Government
                 • Friend / neighbor     • Political Leader
                 • All the other         • All free fertilizer (regardless of the
                                         source)
Source: Consultations with the local experts and literature




                                                                               13
PATTERNS OF FERTILIZER
SOURCING
INTERNATIONAL FOOD POLICY RESEARCH INSTITUTE   14
Share (%) of farmers by sources of
  fertilizer
         2003                                  2006
                 20.4                                  21.5

                        18.1                                  18.9
79.6                                   78.5

                         1.7                                   1.9
                        0.6                                   0.7
          2007                                 LSMS
                                                              No

                                                              Com only
                         25.0                         20.4
69.7     30.3                   75.3    24.1
                                                              Sub only
                          2.1
                                                       3.3
                         3.2                                  Both
                                                      1.0
       Only one type of source (usually)
       Some indication of crowding-out
 Source: Authors                                                     15
Why use only one source?
Potential reasons
 Small demand for fertilizer
 High transaction costs (information)
 Trust in particular source (quality)

=> Characterize the interaction between
 commercial and subsidized market
  Affect the nature of crowding-out
  Determine our estimation approach


                                          16
EFFECT OF SUBSIDY ON
OPEN MARKET FERTILIZER
PRICE
INTERNATIONAL FOOD POLICY RESEARCH INSTITUTE   17
Fertilizer transportation cost
                                                 Table 6. Transportation costs from
                                                 Lagos to major fertilizer destinationsa
                                                 Source: Informal communication with major
                                                 fertilizer manufacturers in Nigeria.
                                                 Destination    Zone    Transportation costs
                                                                         Naira /   USD / ton
                                                                         30 ton
                                                 Kano            NW
                                                 Sokoto          NW      380,000        82
                                                 Katsina         NW
                                                 Maiduguri       NE
                                                 Yola            NE      450,000        98
                                                 Jalingo         NE
                                                 Abuja           NC      320,000        71
                                                 Ilorin          NC      220,000        49
                                                 Ibadan          SW      200,000        44
                                                 Oshogbo         SW      220,000        49
                                                 Calabar         SS      400,000        87
                                                 Enugu           SE      280,000        61
                                                 Source: Major fertilizer manufacturers in
                                                 Nigeria (Tak International)



Source: Generated by Renato Folledo using ESRI World Street Map                          18
(http://www.arcgis.com/home/item.html?id=3b93337983e9436f8db950e38a8629af)
Fertilizer prices – theoretical, actual
(commercial / subsidized) - 2010
   (US Dollar /
      Ton)
 689         666                                           695              668 650
                                            653
   585                                        553            585
                520              520                           527
                                                                                 424
                      325           312
       273




    NW             NC            NE             SW             SS              SE
          Theoretical (NPK and Urea)          Open Market         Subsidized
Source: Authors’ calculations.
Open market and subsidized prices are median of each region in LSMS data.
No subsidized price was obtained for the South West region.
• North => lower subsidized price, though slightly higher theoretical price
• Open market price < Theoretical price => Subsidy depressed open market
price
                                                                                      19
Lower subsidized price (higher
subsidy) => lower open market price
Correlation between open market and subsidized price at the LGA
level
                                 NSAEC data             LSMS data
                           2003     2006      2007  All LGA    Sub-
                                                              Sample
Correlation coefficient  .391***   .163*    .565***  .014     .261**
Sample size                 135      114       83      70       68
p-value (H0: correlation   .000     .083      .000   .907      .031
coefficient = 0)
Source: Authors.



• Positive correlation at the LGA level between open market price and
subsidized price
   Greater subsidy may be depressing open market fertilizer price as
well
   Another indication of crowding out


                                                                    20
SIZE OF CROWDING IN /
OUT
INTERNATIONAL FOOD POLICY RESEARCH INSTITUTE   21
Estimation challenge
 1. Data restriction – we can only use 2 groups to estimate crowding-
 out effect


                              Obtain            Obtain            Obtain
                          fertilizer from   fertilizer from   fertilizer from
Does not use fertilizer
                           commercial         subsidized      both types of
                           source only       source only         sources



                             Single-source users          Dual-source users



 2. Subsidized fertilizer quantity – endogenous, censored at 0



                                                                                22
Estimation method
1.    Bivariate probit - control for self-selection
                  (ΠC, ΠG) = f (x)             => Obtain λ (inverse
     mills ratio)

2.  Endogenous Tobit – crowding out among single-source
    users
Censored regression (Tobit)1:  G* = f (xG, λ)
Censored regression (Tobit) 2: C* = f (xC, G*, λ)

3.    OLS – difference in fertilizer use between single- and dual-
      source users
                           T* = f (xG, xC, δ)
δ: probability of being dual-source users – estimated from bivariate
    probit

Correlated Random Effects:
 Interact variables x with year dummies – to minimize bias from       23
  pooled cross section data
Other variables in the models

Categories                Variables
Farmer characteristics    Age, gender, household size
Education                 Primary, secondary, post-secondary
Land tenure               Size of land owned
                          Land tenure
Access to market,         Distance (nearest town, all-weather
infrastructure            road, market, ADP) at LGA level
Agro-ecological factors   Rainfall (mean, variation)
                          4 Agro-ecological zones
Political factors         6 Geo-political zones
Use of modern inputs /    Improved seed
credit*                   Motor plow
                          Pesticide
                          Credit
                                                           24
Share of farmers using subsidized
          fertilizer



Share of farmers using subsidized
fertilizer - by LGA




                                    Share of farmers using subsidized
                                    fertilizer - by state




                                                                 25
Household level analysis
 Estimated crowding-out (mean of all sample)
  = 19 ~ 35%
  Adding 1 ton of subsidized fertilizer
  => increase total fertilizer use by only
  650 ~ 810 kg
  => reduces the demand for commercial
  fertilizer by 190 ~ 350 kg
 Using both sources (commercial &
  subsidized), instead of one, => no increase in
  fertilizer use


                                               26
Beneficiary characteristics as cause of
crowding out
Key characteristics that are statistically significant in both
datasets
                           Farmers using more   Recipients of subsidy
                           commercial
                           fertilizer
Distance to nearest town   near                 near
Household size             large                large
Household head age                              older
Post-secondary education                        yes
Source: Authors’ estimation.
For farmers with large household size, residing closer to the
town
=> More subsidy was given to them although they were more
likely to buy fertilizer at commercial price even in the absence
of subsidy


                                                                    27
Implications
 Old fertilizer subsidy was more likely displacing
  commercial fertilizer market, than stimulating
 Government’s goal, increasing fertilizer use in
  Nigeria under the ATA, can be achieved more
  efficiently through improved targeting to reduce
  leakages
   • Ex-ante assessment to identify demand
   • Targeting mechanisms – index-based targeting
 Monitor the change in fertilizer use under ATA




                                                      28
Reference
Adesin A. 2011. Agricultural Transformation Agenda. Presentation made by the Honorable Minister of
     Agriculture to the Economic Management Team Abuja, September 9, 2011.
Banful A, E Nkonya & V Oboh. (2010). Constraints to fertilizer use in Nigeria: Insights from agricultural
     extension service. IFPRI Discussion Paper 01010.
Dorward A. (2009). Rethinking agricultural input subsidy programmes in a changing world. Paper
     presented for the Trade and Markets Division, Food and Agriculture Organization of the United
     Nations.
Duflo E, M Kremer & J Robinson. (2011). Nudging Farmers to Use Fertilizer: Theory and Experimental
     Evidence from Kenya. American Economic Review 101(6): 2350–2390.
FGN (Federal Government of Nigeria). 2011. The Transformation Agenda, 2011-2015. National Planning
     Commission, Abuja Nigeria.
Mogues T, M Morris, L Freinkman, A Adubi, E Simeon, C Nwoko, O Taiwo, C Nege, P Okonji & L Chete.
     (2008). Agricultural public spending in Nigeria. IFPRI Discussion Paper 00789.
Ricker-Gilbert J, TS Jayne & E Chirwa. (2011). Subsidies and Crowding Out: A Double-Hurdle Model of
     Fertilizer Demand in Malawi. Amer. J. Agr. Econ. 93(1): 26–42.
Takeshima H, E Nkonya & D Sayon. (2012). Impact of fertilizer subsidies on the commercial fertilizer
     sector in Nigeria: evidence from previous fertilizer subsidy schemes. IFPRI NSSP Policy Note 34.
Xu Z, WJ Burke, TS Jayne & J Govereh. (2009). Do Input Subsidy Programs ―Crowd In‖ or ―Crowd Out‖
     Commercial Market Development? Modeling Fertilizer Use Decisions in a Two-Channel Marketing
     System. Agric. Econ. 40(1): 79–94.




                                                                                                        29
PBS PARTNERSHIP
          SUPPORT IN NIGERIA
          Paper Delivered by MPO Dore,
          PBS Nigeria Coordinator


         NSSP National Conference 2012:
  ―Informing Nigeria’s Agricultural Transformation
 Agenda with policy analysis and research evidence‖

              Abuja, Nigeria – November 13-14, 2012


INTERNATIONAL FOOD POLICY RESEARCH INSTITUTE
INTRODUCTION: UNCED & CBD
 Nigeria’s obligation arising from the United
  Nations Conference on Environment and
  Development (UNCED) in 1992.
 UN Convention on Biological Diversity (CBD)
  was one of the outcomes and Nigeria signed
  it in 1992 and ratified it in 1994.
 The subject of possible effects of genetically
  modified organisms (GMOs) was just
  beginning to get recognition. The Cartagena
  Protocol on Biosafety (CPB) developed and
  Nigeria signed in 2001 and ratified in 2002.
OBJECTIVES OF CPB
 --- contribute to ensuring an adequate level
  of protection in the field of the safe
  transfer, handling and use of living
  modified organisms resulting from modern
  biotechnology that may have adverse effects
  on the conservation and sustainable use of
  biological diversity, taking also into account
  risks to human health, and specifically
  focusing on transboundary movements.
NATIONAL OBLIGATIONS
 Nigeria is saddled with the task of developing
  its domestic legislation, regulations,
  sectoral guidelines, standard operating
  procedures and mechanisms to
  implement the provisions. These are by no
  means easy tasks given the lack of familiarity
  with the technology and dearth of legal
  expertise to draw up legislation on the
  subject.
Background
 PBS works with stakeholders to develop and
  implement science-based, functional biosafety
  systems that ultimately: Expand producer
  choice, inspire consumer confidence, facilitate
  trade, and promote agricultural R&D.
 Its remit includes national, regional and global
  activities. It serves by providing
  comprehensive expertise for
  technical, legal, communications and outreach
  as well as policy/strategy development.
WHERE WE WORK
Countries & Economic Groupings
   East Africa: Kenya, Tanzania, Uganda;
    Common Market for East and Southern
    Africa (COMESA)
   West Africa: Nigeria, Ghana, ECOWAS
   Southern Africa: Malawi, Mozambique
   SE Asia: Philippines, Indonesia, Vietnam,
    APEC
Nigeria presence
 Initiated in 2003; 2nd phase (2008 –
  2013)
 Primarily funded by USAID; IFPRI-
  managed
 Comprehensive expertise:
  technical, legal, communications, poli
  cy/strategy development
 Technical assistance component
  supported by independent IFPRI
  policy research team
SERVICES
 Services offered : Capacity building for
  national biosafety officials (familiarization
  tours, retreats), Development of operational
  biotechnology and biosafety policies,
  development of Biosafety laws, implementing
  regulations and guidelines.
 Provision of technical expertise for Confined
  Field Trials (CFTs) and multi-location trials
  (MLTs), commercial release guidelines,
  functional coordination among agencies,
  strategic outreach and communications,
  Issues Management, Capacity building for
  decision makers and Coalition building for
  policy support.
ANALYSIS OF NIGERIA BIOSAFETY SITUATION


  Nigeria has two functional bodies responsible
  for biotechnology and environmental safety in
  the use of biotechnology. These are the
  National Biotechnology Development Agency
  (NABDA) of the Federal Ministry of Science
  and Technology and Federal Ministry of
  Environment.
The latter is the focal point for the Convention
  on Biological Diversity and biosafety and led
  Nigeria’s negotiations for the CPB.
Existence of guidelines
 Nigeria has as yet no laws governing modern
  agricultural biotechnology and biosafety. The
  Federal Ministry of Environment, which has
  responsibility for biosafety regulation issued
  national biosafety guidelines, which became
  operational in 2001. The guidelines contain
  provisions for field-testing of GM crops,
  following review by the National Biosafety
  Committee.
Passed Bill


 At the moment the National Assembly has
  passed the Biosafety Bill and is awaiting
  presidential assent. The bill calls for the
  establishment of a National Biosafety
  Management Agency. The Biosafety Bill was
  presented to the Ministry of Environment by
  the current Nigeria Biosafety Committee in
  2006.
PBS ENGAGEMENT
 PBS has a long-standing relationship in
  Nigeria and spans almost a decade. This is
  discernible into two phases. The first phase of
  activities commenced in the period 2003-
  2008. Activities have now entered their
  second phase which span 2008-2013.
Phase I
 2005 PBS sub-agreement with International
  Institute for Tropical Agriculture (IITA) under
  the National Agricultural Biotechnology
  Program (NABP). --NABP focused on
  development of Nigeria’s national biosafety
  system and the strengthening of national
  capacities for its implementation.
 -establish an enabling policy environment
  for the safe use of biotechnology and
 strengthen national capacities to
  implement biosafety guidelines leading to the
  approval of field test applications
Achievements 2005-2007
 Review and further development of the
  draft biosafety policy and law;
 Technical training in key skill areas of
  biosafety review and regulatory oversight and
  provision of equipment for the biosafety
  office to be better able to function.
 retreat organized in 2005 in collaboration
  with the Federal Ministry of Environment and
  an NGO which saw the emergence of a draft
  biosafety bill and regulatory system.
Achievements
 Several training events provided to
  regulators (IBC members, NBC members) on
  CFT review and management. These events
  took place in 2006 (in Ghana, participants
  from Nigeria).
 Hands-on national workshop in 2007,
  focusing on promising technologies for
  cowpea, maize and cassava supported
  through the IITA sub-agreement.
 These activities have significantly
  strengthened the available skills and
  capacity for field trial review and
  management.
2007-8
 Regulatory dossier development for an
  insect-resistant cowpea CFT application
  became the focus in the period 2007-08, with
  support from USAID/Nigeria and in
  collaboration with African Agricultural
  Technology Foundation (AATF).
Phase II
 PBS efforts focused on increasing the
  productivity of selected commodities
  (cowpea) and the number of value-added
  products (cassava events, sorghum), build a
  more commercial and competitive orientation
  among farmers and small entrepreneurs, and
  improve the policy environment.
Phase II
Expansion of services both in scope and
 content. Direct collaboration with
 stakeholders and provided technical support
 for the first ever Confined Field Trial ,
 support for passage of bill passage,
 supporting an outreach through OFAB
 (NABDA) which ensures that the potentials of
 biotechnology are brought to the grassroots,
 developing Biosafety guidelines and
 preparing for regulations required for
 implementing laws.
Current Programs
 Programs drawn up to deal with the
  identified areas needing technical
  expertise in preparation of Nigeria for the
  coming into law.
 The development of regulations for
  implementing the law to be developed
  include guidelines and manuals on:
Taskforce to draft regulations
 A crucial aspect and determinant in ensuring
  further progress in the attainment of a lasting
  and workable Biosafety regime in Nigeria.
 Risk assessment and Risk Management
   • System for monitoring and enforcement: e.g.,
     LMO inspections, equipment purchase,
     development of protocols and guidelines
   • Need for joint planning and coordination of
     activities
   • Procedures for the regulation of laboratory
     research and confined field trials
Regulations & Guidelines
 Procedures for the commercial release of GMOs
  into the environment
 Procedure for the import, export and transit of
  GMOs
 Advanced field trial guidelines and SOPs
 Guidelines for general releases
 Advanced field trial guidelines, regulations for the
  enforcement of the Biosafety Act
Legal Analysis
 To ensure an efficient Nigerian biosafety
  regulatory system that reduces redundancy
  while meeting all international and national
  legal obligations. A Biosafety Act is one part
  of a broader national regulatory system for
  biotechnology. In addition to the Biosafety
  Act, there are other existing Nigerian laws
  that may impact biosafety and/or regulate
  GMOs or their products.
Other legislations
 Other relevant legislations-- food safety
  legislation, seed laws and phytosanitary laws
  may impact plant materials (including GMO
  plants) and general environmental legislation
  may apply to the release of a GMO into the
  environment.
 International obligations, such as consensus
  documents from Codex Alimentarius, may
  impact national biosafety regulation.
 PBS legal expert & in-country lawyers are
  working to provide a roadmap of options to
  reconcile those legal obligations.
Process Management
 Upon passage of the National Biosafety Bill
  into Law, technical and organizational
  management advisory services will be
  required to ensure that the newly established
  NBMA has adequate capacity to function and
  execute its mandated duties.
Management tools
 One tool to accomplish this is Process
  Management Training, which can be useful in
  articulating the ―who, what, when, where and
  why‖ of a given process and among various
  regulatory / legal functions in a clear and
  methodical stepwise process. Process
  management, currently applied in several PBS
  partner countries, will help implement a
  coordinated framework that is
  transparent, predictable and efficient.
PIPELINE PRODUCTS
 Biocassava+-Pro-vitamin A
 Cowpea—insect resistance
 Sorghum-lysine, Zn

 THE NEAR FUTURE
 Demand driven ????
CONCLUSION
 PBS has helped reduce uncertainty
  surrounding biotechnology and biosafety and
  increase technical knowledge and confidence
  on biosafety systems in Nigeria.
 The collaboration between PBS and Nigerian
  entities has been fruitful and rewarding for all
  concerned
 A robust biosafety administrative regime will
  emerge arising from PBS engagement in
  Nigeria
Title Page


       Identifying Key Land Governance
           Policy Issues in Nigeria*
                                              By:

                           Peter Olufemi Adeniyi
                                        Chairman, PTCLR




⃰ Paper Presented at the National Conference of Nigeria strategy Support Programme (NSSP); Under the
  Auspices International Food Policy Research Institute (IFPRI), Rockview Hotel Royale, Wuse
  2, Abuja, Nigeria; 13 – 14 November 2012
Outline of Presentation

 Importance of Land
 What is Land Governance
 Governance and Policy Making
 Emergence of Land Governance Assessment Framework
  (LGAF)
  — Purpose, Content and Implementation Arrangement
  — LGAF Study in Nigeria
  — Summary of its Substantive Results
  — Some of the Policy Recommendations
 Why PTCLR
  — The Objectives, Goal and Expected Benefits of PTCLR
  — Key Features of the PTCLR Activities
  — Challenges                                            59
Importance of Land
In the book of Genesis 2:7, it was stated that man was created from the dust of the
 land and will return to the land at the end of his life. It was also indicated that
 while alive, man will keep on working, “tilling the land” for his or her survival (Gen.
 3:23).
Still in the Holy book (Deuteronomy 12: 9 – 10; 25: 8 and 25:21) it was noted that
 land is our home, our means of survival and our place of rest, safety and
 enjoyment of good life. It is therefore not an overstatement to say that without
 land there would be no human existence since land provides humans with items
 like food, fuel, clothing, shelter, and medication which are very essential for
 survival.
Land is the source of all material wealth. From it we get everything that we use or
 value, whether it be food, clothing, fuel, shelter, metal, or precious stones. We live
 on the land and from the land, and to the land our bodies or our ashes are
 committed when we die. The availability of land is the key to human existence, and
 its distribution and use are of vital importance. Land records, therefore, are of
 great concern to all governments. The framing of land policy, and its execution,
 may in large measure depend on the effectiveness of ‘land registration’, as we can
 conveniently call the making and keeping of these records. (Rowton Simpson,
 1978, Page 3)
                                                                                     60
Land Governance and Elements of
                       Good Land Governance
 What is Land Governance?
  — Land Governance is about the policies, processes and institutions by which land, property and natural
    resources are managed. This includes decisions on access to land; land rights; land use; and land
    development. Land Governance is about determining and implementing sustainable land policies
    (Ememark, 2009)

 Elements of Good Land Governance
  — Land administration systems are efficient, effective and competent;
  — Land policies that embody value judgments and are endorsed by elected politicians after consultation
    with interested and affected parties;
  — Land information is freely available subject to the protection of privacy;
  — Land laws and regulations are freely available, well-drafted in a participatory transparent manner,
    responsive and consistent and able to be enforced by the government and citizens;
  — Land administration agencies are independently audited and publish their accounts and performance
    indicators;
  — Land administration services are provided for all without discrimination e.g. on the basis of gender,
    ethnicity, religion, age, or political affiliation;
  — Sustainable land development is encouraged;
  — Land services should be provided close to the user;
  — Land registration and legal systems should provide security of tenure for those with legitimate interest
    in a parcel of land;
  — Land administration officials behave with integrity and give independent advice based upon their best
    professional judgment. (FAO, 2007)
                                                                                                         61
Basic Steps in Governance and Public Policy
            Making and Implementation


                   Understanding
                      Issues
                    (Scoping Studies)

                                          Evaluating Policy
  Evaluating
                                           Consequences
   Options                              (Monitoring and Evaluation)




Selecting Policy                           Implementing
                                              Policy

                   Piloting and
                      Testing
                                                                      62
Land Governance Assessment Framework (LGAF)

Why LGAF?
 — Need for a robust and comprehensive methodology to assess the various
   components of Land Governance
 — The need for a framework that provides governments with objective assessment
   tool that can be used to identify areas where improvements are required

What is LGAF?
 It is a diagnostic instrument, developed by the World Bank in collaboration with
 IFPRI and other partners, for rapid national evaluation of various aspects of land
 governance. Its methodology is based on 21 indicators. The indicators are further
 broken down to 80 dimensions which are then grouped into the following five
 thematic areas:
 — Legal and Institutional Framework
 — Land Use Planning, Management and Taxation
 — Management of Public Land
 — Public Provision of Land Information
 — Dispute Resolution and Conflict Management
 — Plus additional 16 dimensions on Large Scale Land Acquisition
                                                                                63
Land Governance Assessment Framework (LGAF) (Cont’d)

Its Methodology is Strategic and Novel
 — Strategic because of the use of in-country experts thereby ensuring
   credibility and buy-in of the process and outcomes
 — Novel not only because of the development of comprehensive
   indicators but also because its implementation is based on
   participatory approach involving:
     Use of Expert Investigators to collect background information
       on a number of the dimensions
     Composition of Expert Panel Workshops for consensus
       assessment of a number of dimensions
     Conduct of Technical Validation of the Consensus Assessment
       Report
     Conduct of Policy Dialogue where key policy recommendations
       and monitoring indictors are developed.

                                                                    64
Implementation of LGAF in Nigeria
Period of Study: February to November 2011
Four Expert Investigators were appointed to provide
 background information on 59 out of the 96 dimensions
Nine Expert Panel Workshops were conducted for the
 consensus assessment of a number of dimensions
 between April 27 and May 13, 2011
Conduct of Technical Validation Workshop involving 30
 multi-stakeholders Nigerian participants and 13
 participants from International Organisation
Policy Dialogue meeting involving 28 Nigerians and 9
 participants from International Organisations
                                                    65
Summary of LGAF Findings
Individual and Consensus Ranking by the Expert Panel Members on Land Tenure

                                                                                Ranking by Expert     EPM
      LGI                         Dimension Description                       Panel Members (EPM)   Consensus
                                                                                                     Ranking
                                                                              1   2    3   4   5
  1          i    Land tenure rights recognition (rural)                          B    D   D   B       A
  1         ii    Land tenure rights recognition (urban)                          A    D   B   B       A
  1         iii   Rural group rights recognition                                  C    D   D   B       C
  1         iv    Urban group rights recognition in informal areas                D    C   B   C       C
  1          v    Opportunities for tenure individualization                      B    C   D   C       C
                  Surveying/mapping and registration of rights to communal
  2          i                                                                    A    D   D   B       D
                  land
  2         ii Registration of individually held properties in rural areas        C    D   D   C       D

  2         iii Registration of individually held properties in urban areas       A    D   C   B       D
               A condominium regime provides for appropriate
  2         v                                                                     D    C   D   C       C
               management of common property
  2         vi Compensation due to land use changes                               C    C   D   D       C
               Use of non-documentary forms of evidence for
  3         i                                                                     B    D   D   B       C
               recognition of property claims
  3         ii Formal recognition of long-term, unchallenged possession           C    D   C   C       D

  3         vi Efficient and transparent process to formalize possession          C    B   B   D       C
                                                                                                                66
Summary of LGAF Findings (Cont’d)
Individual and Consensus Ranking by the Expert Panel Members on Urban Land Use
Planning and Development
                                                                                        Ranking by Expert Panel   EPM
     LGI        Dimension Description                                                      Members (EPM)        Consensus
                                                                                         1 2 3         4    5    Ranking
 3         v    Formalization of urban residential housing is feasible and affordable    B   D   B    C    C       C
                Restrictions regarding urban land use, ownership and transferability
 4         i                                                                             B   D   B    B    B       B
                are justified
                In urban areas, land use plans and changes in these plans are based
 7         i                                                                             C   C   D    D    B       C
                on public input
 7         iii Public capture of benefits arising from changes in permitted land use     C   B   C    C    D       C
 7         iv Speed of land use change                                                   C   C        D    D       D
               Process for planned urban development in the largest city in the
 8           i                                                                           D   D   C    D    C       D
               country
               Process for planned urban development in the four largest cities in
 8          ii                                                                           D   D   D    D    C       D
               the country, excluding the largest city
 8         iii Ability of urban planning to cope with urban growth                       D   C   D    C    C       C
 8         iv Residential plot size adherence in urban areas                             C   C   D    C    C       C
              Applications for building permits for residential dwellings are
 9          i                                                                            C   C   B    B    D       C
              affordable and processed in a non-discretionary manner
 9         ii   Time required to obtain a building permit for a residential dwelling     D   C   A         C       C


                                                                                                                       67
Summary of LGAF Findings (Cont’d)
Individual and Consensus Ranking by the Expert Panel Members on Rural Land Use
and Land Policy
                                                                    Ranking by
                                                                                    EPM
                                                                   Expert Panel
 LGI       Dimension Description                                                  Consensus
                                                                  Members (EPM)
                                                                                   Ranking
                                                                  1    2 3 4
           Restrictions regarding rural land use, ownership and
 4   ii                                                           B   C   B   B      B
           transferability are justified
           Clear land policy is developed in a participatory
 6     i                                                          B   D   B   C      C
           manner
           Meaningful incorporation and monitoring of equity
 6   ii                                                           C   D   C   C      C
           goals
           Policy for implementation is costed, matched with
 6   iii                                                          C   D   C   D      D
           benefits and adequately resourced
           Regular and public reports indicating progress in
 6   iv                                                           D   D   C   D      D
           policy implementation
           In rural areas, land use plans and changes in these
 7     i                                                          D   D   C   C      D
           plans are based on public input
           Use plans for specific rural land classes (forests,
 8   v                                                            D   D   D   D      D
           pastures, etc) are in line with use
                                                                                          68
Summary of LGAF Findings (Cont’d)
Individual and Consensus Ranking by the Expert Panel Members on Management of
Public Land
                                                         Ranking by Expert
                                                                             EPM
                                                          Panel Members
 LGI     Dimension Description                                             Consensus
                                                              (EPM)
                                                                            Ranking
                                                         1 2 3 4 5
         Public land ownership is justified and
12 i     implemented at the appropriate level of         B   B   C   C   C    C
         government
12 ii    Complete recording of publicly held land        C   A   B   C   A    C
         Assignment of management responsibility for
12 iii                                                   C   A   C   C   D    C
         public land
         Resources available to comply with
12 iv                                                    D   C   D   C   D    D
         responsibilities
         Inventory of public land is accessible to the
12 v                                                     B   C   C   C   C    C
         public
         Key information on land concessions is
12 vi                                                    C   B   B   B   B    B
         accessible to the public
                                                                                  69
Summary of LGAF Findings (Cont’d)
Individual and Consensus Ranking by the Expert Panel Members on Management of
Public Land (Cont’d)
                                                           Ranking by Expert
                                                                               EPM
                                                            Panel Members
  LGI   Dimension Description                                                Consensus
                                                                (EPM)
                                                                              Ranking
                                                           1 2 3 4 5
 13 i Transfer of expropriated land to private interests   A C D B C             C
 13 ii Speed of use of expropriated land                   C B C C C             C
        Compensation for expropriation of registered
 14 i                                                      C   B   C   B   C    C
        property
 14 ii Compensation for expropriation of all rights        A   A   C   C   C    C
 14 iii Promptness of compensation                         D   D   D   D   D    D
        Independent and accessible avenues for appeal
 14 iv                                                     B   A   C   D   D    D
        against expropriation
        Timely decisions regarding complaints about
 14 v                                                      C   A   D   C   D    C
        expropriation
 15 i Openness of public land transactions                 D   D   D   C   C    D
 15 ii Collection of payments for public leases            A   C   A   C   C    C
 15 iii Modalities of lease or sale of public land         B   B   D   B   B    B

                                                                                     70
Summary of LGAF Findings (Cont’d)
Individual and Consensus Ranking by the Expert Panel Members on Large-Scale Land
Acquisition

                                                                                  Ranking by Expert      EPM
  LSLA                          Dimension Description                            Panel Members (EPM)   Consensus
                                                                                                        Ranking
                                                                                  1    2     3    4
  LSLA-1   Most forest land is mapped and rights are registered                   C    D    C    C        D
           Land acquisition generates few conflicts and these are addressed
  LSLA-2                                                                          D    D    D    D        D
           expeditiously and transparently
           Land use restrictions on rural land parcels can generally be
  LSLA-3                                                                          C    C    D    D        D
           identified
           Public institutions involved in land acquisition operate in a clear
  LSLA-4                                                                          D    B    C    C        D
           and consistent manner
  LSLA-5   Incentives for investors are clear, transparent and consistent         C    B    D    C        C

           Benefit sharing mechanisms for investments in agriculture (food
  LSLA-6   crops, biofuels, forestry, game farm/conservation) are regularly       C    C    C    D        C
           used and transparently applied
           There are direct and transparent negotiations between right
  LSLA-7                                                                          D    C    C    C        C
           holders and investors
           Sufficient information is required from investors to assess the
  LSLA-8                                                                          C    C    C    C        C
           desirability of projects on public/communal land.
                                                                                                                   71
Summary of LGAF Findings (Cont’d)
Individual and Consensus Ranking by the Expert Panel Members on Large-Scale Land
Acquisition (Cont’d)
                                                                                      Ranking by Expert      EPM
   LSLA                           Dimension Description                              Panel Members (EPM)   Consensus
                                                                                                            Ranking
                                                                                      1    2     3     4
            For cases of land acquisition on public/community land, investors
  LSLA-9    provide the required information and this information is publicly         C    C    C     C       C
            available
            Contractual provisions regarding acquisition of land from
  LSLA-10   communities or the public are required by law to explicitly mention       D    C    D     D       D
            the way in which benefits and risks will be shared.
            The procedure to obtain approval for a project where it is required is
  LSLA-11                                                                             D    D    B     C       B
            reasonably short
            Social requirements for large scale investments in agriculture are
  LSLA-12                                                                             D    C    D     D       D
            clearly defined and implemented
            Environmental requirements for large scale investments in
  LSLA-13                                                                             D    C    D     D       D
            agriculture are clearly defined and implemented
            For transfers of public/community lands, public institutions have
            procedures in place to identify and select economically,
  LSLA-14                                                                             C    C    C     D       C
            environmentally, and socially beneficial investments and implement
            these effectively.
            Compliance with safeguards related to investment in agriculture is
  LSLA-15                                                                             C    C    D     D       D
            checked
            There are avenues to lodge complaints if agricultural investors do
  LSLA-16                                                                             D    D    D     D       D
            not comply with requirements
                                                                                                                       72
LGAF Validated Findings
                              Summary of the Validated Consensus Ranking of the LGAF Dimensions


                         Legal and Institutional Framew ork
                                                                  7.41       18.52                            44.44                             29.63
                                 (27 Dimensions)


                          Land Use Planning, Management
                                                              5.88                            52.94                                       41.18
                           and Taxation (17 Dimensions)


                             Public Land Management (16
                                                                   12.5                                 62.5                                       25
                                      Dimensions)
        Thematic Areas




                                 P ublic Provision of Land
                                                                    15.38         15.38               23.08                          46.16
                              Inf ormation (13 Dimensions)


                           Dispute Resolution and Conf lict
                                                                   14.29                        42.85                     14.29                 28.57
                            Management (7 Dimensions)


                         Large Scale Land Acquisition (16                                                                                                     A
                                                              6.25                     37.5                                       56.25
                                   Dimensions)
                                                                                                                                                              B
                                                                                                                                                              C
                                   All the Dimensions - 96    5.21        14.58                       42.71                                 37.5
                                                                                                                                                              D
                                                              0                   20                  40                60                 80           100       120
                                                                                                                      % Score




 The order of weakness based on the percentage of dimensions scoring C and D are:
   — Land Use Planning, Management and Taxation with 94.12%;
   — Large Scale Land Acquisition, 93.76%;
   — Management of Public Land, 87.5%;
   — The Legal and Institutional Framework, 74.07%;
   — Public Provision of Land Information, 69.24%; and
   — Dispute resolution and Conflict Management, 42.86%                                                                                                                 73
LGAF Validated Findings (Cont’d)
Areas of great weakness
  —   Enforcement of rights;                         — Speed of conflict resolution in the formal
  —   Mechanisms for recognition of rights;            system; and
  —   Institutional overlap;                         — Long-standing conflicts (unresolved cases older
  —   Equity and non-discrimination issues;            than 5 year)
  —   Transparency of land use planning;
  —   Efficiency of land use planning;
  —   Transparency of valuation;
  —   Tax collection;
  —   Difficulty of identifying public land;
  —   Speed of use of expropriated land;
  —   Transparency in land expropriation procedures;
  —   Promptness of Compensation;
  —   Independent and accessible avenues for appeal against expropriation;
  —   Openness of public land transactions
  —   Mapping of registry records;
  —   Reliability of records;
  —   Cost of registering a property transfer;
  —   Financial sustainability of the registry;
  —   Capital investment;                                                                           74
Major Policy Recommendations and Monitoring Indicators

POLICY ISSUE                   ACTION PLANS                                    MONITORING INDICATORS
1. LEGAL AND INSTITUTIONAL FRAMEWORK
 More than 30 years after  To enable the National Council of States to          Establishment         of      the
     its passage, none of the      pass needed regulations and to monitor          Commission
     key pieces of regulation      land system performance on a regular           Evaluation of results of the
     envisaged in the Land Use     basis, a National Land Commission as a          pilots available
     Act (LUA) (Sections 3 and     technical body with representation from        Regulations drafted
     46) has been passed. This     key actors needs to be established.            Provision of information and
     has seriously undermined      Pending the establishment of the National       institutional arrangements to
     good land governance          Land Commission, the Presidential               monitor outcomes.
     and effective land use        Technical Committee on Land Reform             Study        conducted        and
     planning in the country.      (PTCLR) should carry out the tasks below.       recommendations
 A high degree of vertical  Conduct and carefully evaluate pilot                 disseminated & discussed.
     and horizontal overlap        studies in relevant areas to provide              - % increase of land
     among land institutions       evidence to inform the drafting of key                registration, leases and
     creates confusion, high       regulations for land registration and                 land transfers, C of Os
     levels of transaction         survey/mapping in two states within one           - reduced             boundary
     costs, and undermines         year.                                                 conflicts
     good governance in the  Carry out a study to identify horizontal and           - reduction in transaction
     sector.                       vertical overlaps in the land system and              costs and time
                                   recommend solutions.                              - reduction of vertical and
                                                                                         horizontal overlaps

                                                                                                                  75
Major Policy Recommendations and Monitoring Indicators (Cont’d)

POLICY ISSUE                      ACTION PLANS                              MONITORING INDICATORS
2. LAND USE PLANNING, MANAGEMENT AND TAXATION
 While land use plans are  Prepare strategic land use                        Initial establishment of land use
     necessary       to     guide     development         plans     with        development plans.
     development in urban and         adequate implementation and              Mechanism          to       monitor
     rural areas, they are mostly     enforcement            regulations;       compliance with plans in place
     unavailable leading to           sensitize the public on their             and                           results
     haphazard growth.                existence, importance and use of          monitored/publicised.
 Absence of property tax             the same.                                Property        tax       guidelines
     administration, assessment  Review planning standards, plot               available, explained to and
     and collection hinders           size, land use class, and adoption        understood         by       citizens,
     decentralization        and      of model plans for public use.            professionals       (e.g.      estate
     effective provision of local  Develop, disseminate, and help              surveyors and valuers), and
     services.                        implement transparent systems             local governments.
                                      for property tax administration,         Increase in property tax
                                      assessment, and collection for            assessments         and        actual
                                      use by local governments at               collection.
                                      different sizes.                         Number of states that have land
                                                                                use plans, land administration
                                                                                machinery and property tax
                                                                                rolls.
                                                                                                                   76
Major Policy Recommendations and Monitoring Indicators (Cont’d)

POLICY ISSUE                      ACTION PLANS                          MONITORING INDICATORS
3. PUBLIC LAND MANAGEMENT
 Lack of information on the          Undertake      a    comprehensive    Inventory has been
    location and extent of public      inventory of land owned by all        established          and
    land makes it impossible to        tiers of government.                  mechanisms            to
    properly manage and protect       Harmonize various legislations        maintain it currently
    this critical asset.               into a clear single simple process    exist.
 A large number of acquisitions       for acquisition of land by all       Legislation to regulate
    occurs without prompt and          government agencies to ensure         expropriation has been
    adequate compensation, thus        due process for land acquisition      enacted       and      is
    leaving those losing land          by requiring publicity, adequate      effectively applied.
    worse off, with no mechanism       and prompt compensation in line      Share of allocations of
    for independent appeal even        with global best practice and         government (public)
    though the land is often not       ensure availability of independent    land and transactions
    utilized for a public purpose.     avenues for appeal. Put in place      that are advertised.
 Divestiture of public land is        sanctions for misbehaviour.
    less transparent and therefore    Ensure publicity of the detailed
    does not generate revenues         agreement, including schedules of
    for the public sector.             applicable charges.

                                                                                                    77
Major Policy Recommendations and Monitoring Indicators (Cont’d)

POLICY ISSUE                  ACTION PLANS                                           MONITORING INDICATORS
4. PUBLIC PROVISION OF LAND INFORMATION
 The low level of  Establish software tools to manage textual and                     Share    of    registry
    registered parcels (less      spatial data jointly and to link existing ones.        records with textual
    than 3% of the country  Building on the pilot study results, develop                and             spatial
    covered)     and      the     procedures for systematic expansion of                 information
    incomplete        spatial     registered areas.                                      integrated.
    reference of registry  Study and recommend processes and                           Share of the land
    information       fosters     requirements to streamline and control                 under private use that
    conflict,    corruption,      different registration services and based on           is   registered    and
    undermines                    this, establish a registry service charter             mapped.
    investment,         land      (including sanctions and avenue for appeal) that      Implementation       of
    market      functioning,      is publicly available and binding on both user         service charter leads
    and housing finance.          and officials.                                         to higher levels of
 Lack of processes for  Design and implement awareness campaign as                     customer satisfaction.
    automatic      updating       well as training programs for officials.
    undermines the value  Make transparency issues more comprehensive
    of the land registry as a     by publishing list of all allottees upon or at
    tool for private sector       allocation.
    development.               Ensure implementation of global best practice
                                  on access to public land information.
                                                                                                              78
Major Policy Recommendations and Monitoring Indicators (Cont’d)

POLICY ISSUE             ACTION PLANS                           MONITORING INDICATORS
5. DISPUTE RESOLUTION AND CONFLICT MANAGEMENT
 Lack of awareness of  Disseminate existing laws and              Knowledge of relevant
    the      rights   and    sensitize different groups about        legal provisions and
    avenues to enforce       their rights under the law and ways     avenues              for
    them reduces the         to enforce them.                        enforcement in the
    ability to access and  Link spatial and textual data (see       population          and
    properly utilize land    above) to reduce boundary disputes.     specific groups (e.g.
    especially         for  Mainstream traditional institutions     women).
    vulnerable groups.       and the Alternative Dispute            Reduction of backlog
 High level of pending      Resolution (ADR) into the justice       of conflicts.
    conflicts undermines     system to reduce backlogs and          Number        of    new
    investment        and    improve access to justice, especially   conflicts reaching the
    efficiency of land       for vulnerable groups.                  formal           system
    use.                    Increase the ability of formal          decreases.
                             institutions to speedily resolve
                             dispute by building capacity and
                             rationalizing     assignment      of
                             responsibilities.                                            79
Major Policy Recommendations and Monitoring Indicators (Cont’d)

POLICY ISSUE                                   ACTION PLANS                                          MONITORING INDICATORS
6. LARGE SCALE LAND ACQUISITION
    Lack of clear and efficient procedures       Review and streamline regulations for land-          Establishment of the
     for large scale investment in land            related foreign investment. Create a one-stop         one stop intervention
     reduce Nigeria’s ability to attract           shop/intervention and conduct publicity               for large scale land
     technically qualified investors.              campaigns among potential investors.                  acquisition.
    Realized investments often are               Adaptation of existing EIA and SIA                   Number       of   viable
     technically, environmentally, and             mechanisms to the needs of land-related               investment proposals
     socially unsustainable.                       investment, mandatory publication of these            increases.
    The need for government to                    documents, and increased efforts at                  Number       of   failed
     expropriate land before it can be             enforcement. Review of other relevant                 projects      due     to
     transferred to investors opens space          procedures in light of international standards        technical,
     for discretionary behaviour and, due          and best practice.                                    environmental,        or
     to procedural weaknesses (see up),           Ensure those affected by large scale land             social problems and
     often undermines the livelihood of            acquisition have the choice of receiving              conflict decreases.
     local people.                                 compensation in kind and provide options for         Living standards in
    Lack of local involvement, non-               direct negotiation between investors and local        areas affected by FDI
     transparent contracts, and lack of            communities.                                          improve.
     monitoring undermine the scope for           Ensure arrangements for large scale land
     Foreign Direct Investment (FDI)               transfer are negotiated and agreed upon by
     potential to provide benefits to locals       local land users, that mechanisms for benefit
     and contribute to development.                sharing and arbitration are specified, and that
                                                   contract terms are publicly available to
                                                   facilitate monitoring.
                                                                                                                              80
Why a PTCLR?
 The Land Use Act (1978) has had noble intentions...
  — Offer all Nigerians access to land
  — Facilitate the acquisition of land by governments for projects of public interest
  — Combat land speculation
 … but poor results:
  — Information about who owns land anywhere in the country is largely unavailable as only about 3% of
    the land parcels in Nigeria has been demarcated and registered
  — Land speculation is thriving and prices are prohibitive
  — Land registration is cumbersome, time consuming and expensive (Nigeria is no. 180 out of 183
    countries assessed)
  — Increased informal land development everywhere
  — State revenue levels, from ground-rent, are very low
 Increasing concerns about the failure of LUA by both public and private organizations, CSO,
  NGOs, business and professional organization, academia, etc
 As social and economic pressure increase, there is an urgent need to put more land into
  productive use through improved land governance anchored on evidence-based land
  policies
 As a response to this, the PTCLR was established in April 2009 by the Federal Government
 The LGAF result further justifies the constitution of PTCLR and it further assists in
  redesigning of programme activities and seeking support for their implementation

                                                                                                  81
Example of Informal Development Around Lagos




                                               82
PTCLR’s Terms of Reference
 To collaborate and provide technical assistance to States
  and Local Governments to undertake land cadastral
  nationwide;
 To determine individuals’ “possessory” rights using best
  practices and most appropriate technology to determine
  the process of identification of locations and registration of
  title holdings;
 To ensure that land cadastral boundaries and title holdings
  are demarcated in such a way that community, hamlet,
  village, village area, town, etc, will be recognizable;
 To encourage and assist States and Local Governments to
  establish an arbitration mechanism for land ownership
  conflict resolution;
                                                              83
PTCLR’s Terms of Reference (Cont’d)

To make recommendations for the establishment
 of a National Depository for Land Title Holdings
 and Records in all States of the Federation and
 the Federal Capital Territory;
To make recommendations for the establishment
 of a mechanism for land valuation in both urban
 and rural areas in all parts of the Federation; and
To make any other recommendations that will
 ensure effective, simplified, sustained and
 successful land administration in Nigeria.

                                                   84
Goals of the Reform

 To empower Nigerians from all walks of life to
  have easy access to incontestable certificate of
  occupancy.

 To bring about sustainable socio-economic
  growth and development anchored on secure
  land tenure system and effective land titling.

 To promote wealth creation and economic
  empowerment of Nigerians by optimizing the
  use of land as an economic commodity.
                                                 85
What the Reform is All About

 Collaborating with State and Local Governments to
  provide technical assistance and enhance their capacity
  for modern land administration.
 Undertaking a train-the-trainer programme for Field
  Officers and other technical personnel required for
  effective nationwide cadastral survey.
 Putting in place a time defined process of clarification of
  Land boundaries or adjudication of land for the purposes
  of registration.
 Identifying and removing the bottlenecks that are
  embedded in the current land titling and registration
  procedures and processes within the existing land
  delivery process.
                                                            86
What the Reform is All About (Cont’d)
 Scaling up the quality and adequacy of institutional
  capacities required to administer and promote land
  transactions.
 Mainstreaming best practices in the documentation of
  land transactions, land titling and registration processes
  and procedures.
 Installing a nationwide land information infrastructure
  that is required for the efficient networking of databases
  of cadastral and land title records.
 Undertaking a comprehensive survey involving the
  mapping of the country on a scale large enough to show
  land holdings of individuals or group of individuals or
  corporate bodies.
                                                           87
Direct Benefit of the Reform
 Guaranteed land tenure security and possessory rights for all
  land owners and occupiers.
 Economic empowerment of individuals through the use of their
  certificates of occupancy as credit collateral to promote their
  economic ventures.
 Improved efficiency of land administration especially for revenue
  generation for Local, State and Federal Governments.
 Reduction in the cost of land transactions, and by extension,
  reduction in the cost of housing.
 Reduction or elimination of fraud and other risks in land transactions
  due to transparent processes and procedures.
 Effective and early resolution of land disputes.
 Direct and easy access to reliable, complete and up-to-date land
  information.
 National economic growth and development resulting from optimal
  use of land in various economic engagements.
                                                                      88
Key Features of the Reform

 Intensive and extensive awareness building

 Conduct of Strategic Stakeholders’ Meetings

 Densification of geodetic stations across the
  country through the installation of
  Continuously Operating Reference Stations
  (CORS)
  o CORS have been installed in Ondo, Katsina and Imo
    States while that of Kano State is about to be installed
                                                           89
The CORS being Installed in Ondo State




                                         90
The CORS being Installed in Katsina State




                                            91
Key Features of the Reform (Cont’d)
 Conduct of scoping studies to provide necessary background information
  for the development of regulations and a toolkit for systematic land titling
  and registration
       Perception Study
       Studies on Land Administration Service Delivery in Nigeria
       Socio-economic base line Study
       Strategic studies into Valuation Mechanisms
 Design and development of a toolkit for systematic land titling and
  registration, involving: (i) a streamlined systematic registration work flow,
  (ii) a detailed manual that provides sufficient information to enable field
  staff to implement the procedure, including copies of all the field forms,
  and (iii) the training material necessary to train State, LGA, village and
  field staff in the implementation of the procedures.
 Development of registration software package (e.g FAO Open Source
   SOLA Software)
 Conduct of pilot systematic land titling and registration in Ondo and Kano
   States
                                                                              92
Land Registration in Nigeria
The process of registering property is cumbersome, time-consuming
and unaffordable to majority of Nigerians. Nigeria ranks 180 out of 183
countries on the issue of registering property.




                                                                     93
Key Features of the Reform (Cont’d)
Land titling and registration can be sporadic or systematic. The
sporadic system is usually part of a user-pays government initiative
that allows individual landholders to gain titles or more secure
tenure at their own initiative and cost. The systematic titling on the
other hand is equally part of a large government initiative to deliver
secure land titles or tenure to a wide cross section of the population
at little or no cost to the landholders.
The sporadic system is the system being used in Nigeria and this is
responsible for the abysmal low level of registered parcel in Nigeria.
Today, most land titling projects adopt a systematic approach as
exemplified by the well-known Thailand Land Titling Project. The
same approach is being adopted across Africa in such countries as
Ghana, Ethiopia, Rwanda, Tanzania, etc.

                                                                    94
Key Features of the Reform (Cont’d)
The advantages of the systematic land titling registration
include:
 Low initial cost for landholders;
 Government can effectively manage land since it knows
  who owns what and where it is;
 A vital end product is a complete map of all land in a
  jurisdiction or country to support land management and
  sustainable development;
 A systematic approach is much more equitable than a
  sporadic approach, especially when the base map is used
  for land taxation, to identify encroachments, or other
  planning or environmental controls;
 Titling is completed relatively quickly (15 – 20) years is
  possible for most countries.                             95
Designed Field Party Structure for the Systematic Registration


                                            State
                                         Coordinator



                                      Field Party Leader
                                             (PL)



                                      Deputy Field Party
                                        Leader (DPL)




                                                                 FieldTeam (3)
                                                                       Team (3)
                                                                FieldTeam (3)
                                                               FieldTeam (3)
  Sensitisation         Office          GIS Officer (1)       Field
                                                             Field Team (3)            Village
                                                            Field Team (3)
   Officers (3)      Assistance (3)                        Field Team (3)            Officials (2)


          State/LGA Official              Employed Staff               Village Officials


                                                                                                     96
Key Features of the Reform (Cont’d)
Each of the four field parties will be structured as follows:

 Field Party Leader (FPL, either a land surveyor or an estate
  surveyor) who is responsible for the management of the overall
  activities of the party including: liaison with the community, leading
  the sensitisation activity in the villages, oversight of the dispute
  resolution process, preparation of reports to the state coordinator.
 Deputy Field Party Leader (an estate surveyor if the PL is a land
  surveyor or a land surveyor if the PL is an estate surveyor) who
  assists the PL in managing the work.
 Sensitisation Officers (3 staff) – responsible for planning and
  coordinating the village sensitisation program with the field teams,
  implementing the village sensitisation program, facilitating dispute
  resolution, assisting with the public display, helping distribute
  registration information.
                                                                       97
Key Features of the Reform (Cont’d)
 Office Assistants (3 staff) – responsible for checking the data
  gathered by the field teams, entering the data into the computer,
  producing reports, producing material for public display, helping
  resolve disputes, preparing registration material.
 GIS Officer (1 staff) – responsible for entering the spatial
  information in the GIS, preparing large scale plots for the field
  teams, preparing the maps for public display, preparing and spatial
  data for registration.
 Field Teams (7 teams each comprised of a field officer, adjudicator
  and field assistant – a total of 21 staff) – responsible for the
  demarcation and charting of property boundaries, the gathering of
  information on rights, the completion of the field forms with the
  necessary signatures and supporting information, chasing land
  holders not present in the field, the correction of incomplete or
  incorrect information on the field forms, settling disputes, assisting
  with the office processing and other tasks.                          98
Key Features of the Reform (Cont’d)

The deployment of the procedures involves the following three
(3) stages:

(i) First Stage (Front Office) which entails:

 Village or ward sensitization
 Field survey to identify the boundaries of land parcels.

 Taking inventory of the possessory rights of individuals or
  family groups or corporate bodies over the parcels of land,
  which must be carried out in the presence of all adjacent
  owners of such parcels of land in the community.
 Field adjudication for minor disputes
                                                             99
Key Features of the Reform (Cont’d)
(ii) Second Stage (Middle Office) which entails:
 Entering, analyzing and processing of the cadastral and attribute
  data collected in the field.
 Quality control of the data so collected.
 The timely process of adjudication of land disputes which could
  not be resolved in the field by the local adjudicator. This will be
  done at the Local community level.
 Where the claims are not contested or the contestation had been
  resolved, the rights of individual to the parcels being presented for
  validation are then confirmed.
 The confirmation will be done through the issuance of a
  receipt that entitles the owner of the parcel of land to apply for a
  title or certificate of occupancy from the appropriate authority.
                                                                     10
Key Features of the Reform (Cont’d)
(iii)Third Stage (Backroom Office) which entails:

 The presentation of the receipt from the middle office
  represents application for the issuance and registration of the
  title documents or certificates of occupancy by the appropriate
  authority.

 Development of computerized land registries at Local and State
  Government levels.

 Provision of computerized backup facilities in a National
  Depository at the Federal level.

 Promotion of the development of the National Cadastral data
  infrastructure.
                                                               10
Importance and Relevance of Land Reform (Cont’d)

 Land Reform will strengthen the capacity of State
  Governors and Local Government Chairmen to administer
  land in their States and Local Governments.

 Land Reform will protect all land owners and occupiers
  from illegal encroachment.

 Land Reform will enhance the security of all Statutory and
  Customary Certificates of Occupancy.

 Land Reform will make land more viable for economic
  activities and this will lead to economic empowerment
  and wealth creation.
                                                          10
Challenges
Attitudinal Change and lack of capacity to
 appreciate and manage change
Poor perception of the fundamental importance of
 land
Very weak capacity in Land Administration
Development of a comprehensive evidence-based
 National Land Policy
Resource Mobilization for the nationwide conduct
 of Systematic Land Titling and Registration
Sustenance of Stakeholders’ Interest
Establishment of a National Land Reform
 Commission                                     10
The Presidential Technical Committee on Land Reform




                              Thank you!
                                                       Conclusion




10
Challenges and Opportunities for Land
           Governance in Nigeria:
- Insights from Case Studies in Ondo and Kano states


                     Hosaena G Hagos, IFPRI


                   NSSP National Conference 2012:
 “Informing Nigeria’s Agricultural Transformation Agenda with Policy
                  Analysis and Research Evidence”

               Abuja, Nigeria – November 13-14, 2012
Background: About This Research

• Very little is known about customary or statutory legal
  provisions regarding women’s rights, the types of
  ownership or use and management rights women hold;
• There is lack of clarity on mandates of institutions (formal
  and customary) available to enforce land rights in case of
  violation and the transaction costs associated with doing
  so.
• IFPRI was asked by the PTCLR to do qualitative
  assessment of the land governance system in Ondo and
  Kano
• This report is based on case studies and exploratory
  visits to the pilot intervention sites identified by the
  PTCLR (in Ondo and Kano states)
•
INTERNATIONAL FOOD POLICY RESEARCH INSTITUTE               Page 106
Motivation: Why Land Governance Reform?
 The demand for secure property rights to land
      • Need for investment to increase agricultural productivity &
        sustainability
      • Increasing urbanization, escalating land prices,
      • ‘Scramble’ for land in wake of bio-fuel boom (speculation)
 Supply-side factors
      • New land legislation in much of Africa in 90s
      • Advances in IT and remote sensing reduces cost
 But why has so little happened on the ground?
      • Technical or institutional obstacles
      • Limited benefits compared to cost




INTERNATIONAL FOOD POLICY RESEARCH INSTITUTE                          Page 107
The Rationale for Land Right Formalization
• Theory predicts that formalized land rights
  enhance tenure security of households

Economic benefits of formalization of land rights:
• Enhance land investment
    • Conservation structures, technology adoption
• Transferability
    • Gains from trade
    • Reallocate land to more efficient users
• Credit access
    • Land as collateral

INTERNATIONAL FOOD POLICY RESEARCH INSTITUTE         Page 108
Proposed Approach




INTERNATIONAL FOOD POLICY RESEARCH INSTITUTE   Page 109
Rational for the Demand Assessment
                      Study
Objectives of the survey

 Assess the general public’s knowledge and perception of land
  regulations
 Understand the expectations with respect to benefits offormal and
  informal property rights (e.g. land disputes, access to mortgage,
  protection of women rights, etc.)
 Quantify the willingness-to-pay for a certificate of occupancy

 Inform the second phase assessment (design of the baseline survey)
and help refine registration process and sensitization strategy



INTERNATIONAL FOOD POLICY RESEARCH INSTITUTE                 Page 110
Preliminary Findings: case studies


• The study shows that the costs of land
  registration are around 10 percent of the land
  value
• Household reported the disbursement of
  compensation as a major problem rather than
  the lack of land registration per se.
• The local governments play a rather limited, if
  not completely nonexistent role, in providing land
  governance services



INTERNATIONAL FOOD POLICY RESEARCH INSTITUTE          Page 111
Preliminary Findings: Cont.

• The law, both statutory and customary recognizes the right of
  women to own and use land for productive uses.
• However, there is a regional variation in the rights of female to
  land ownership (acquisition)
     • Kano: In the event of the death of the husband, the wife has the right to
       inherit ¼ the husbands property.
     • Ondo: A woman according to custom has no right of inheritance from
       her husband,
• Direct purchase, gift through inheritance and government
  allocation are the dominant modes of land acquisition for
  women
• Though joint ownership of land and properties with spouses is
  constitutionally allowed, it is rarely practiced.
• Majority of respondents opposed this form of land ownership
  (reason: potential cause for conflict in polygamous family)
INTERNATIONAL FOOD POLICY RESEARCH INSTITUTE                              Page 112
Preliminary Findings: Cont.

• The willingness-to-pay for Certificate of Occupancy (C of O) varies in
  both states
• Generally, there is a higher willingness (backed with ability) to pay in
  the urban area, among male respondents, migrants and households
  with earlier experience of land dispute
• Unaffordability was stated as the major reason for not having
  (obtaining) certificate of Occupancy
• Land-related disputes are more common in urban areas than rural.
• Though a myriad of them exist in both states (Kano and Ondo
  State), inheritance dispute , border dispute and dispute caused by
  land expropriation are dominant cause of land related disputes in the
  two states.
• Majority of the households have reported to have poor access to
  formal dispute resolution mechanisms - mainly relying on traditional
  (informal) mechanisms

INTERNATIONAL FOOD POLICY RESEARCH INSTITUTE                        Page 113
Conclusions

     • Sporadic land registration is more expensive and
       less pro-poor (risk of elite capture)
     • A need for a context-specific land governance
       intervention as sources of risk of tenure insecurity
       and customary practices vary from place to place
     • In addition to lack of clarity in recognition of land
       rights, poor organizational structure of institutions,
       overlapping institutional mandates, and lack of
       public awareness of the formal and traditional
       rules (laws) are factor for poor land governance in
       Nigeria

INTERNATIONAL FOOD POLICY RESEARCH INSTITUTE            Page 114
THANK YOU!




INTERNATIONAL FOOD POLICY RESEARCH INSTITUTE    Page 115

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Day 1, Session 4: Stimulating and Meeting the Demand for Agricultural Inputs in Nigeria

  • 1. Fertilizer subsidy and private fertilizer marketing in Nigeria Hiroyuki Takeshima - Research Fellow (IFPRI) H.takeshima@cgiar.org Ephraim Nkonya - Senior Research Fellow (IFPRI) Sayon Deb – Senior Research Assistant (IFPRI) NSSP National Conference 2012: ―Informing Nigeria’s Agricultural Transformation Agenda with policy analysis and research evidence‖ Abuja, Nigeria – November 13-14, 2012 INTERNATIONAL FOOD POLICY RESEARCH INSTITUTE 1
  • 2. Introduction  Nigeria spends about 2% of government expenditure on agriculture  Between 2001-2005, Nigeria spent 43% of its Federal agricultural budget on fertilizer subsidy (Mogues et al 2008). States added subsidies  Despite the large public investment in fertilizer subsidy, Nigeria: • Average NPK application in Nigeria is 6 kg/ha compared to 6.2kg/ha for SSA (excl Southern Africa) • Is the second largest importer of rice in the world; largest importer of US red & white winter wheat; • Value of imported food is growing at an 11% annually (Adesina 2011). 2
  • 3. Research question  Did old fertilizer subsidy scheme crowd out the commercial fertilizer sector? • Patterns of fertilizer sourcing • Effect of subsidy on open market fertilizer price • Size of crowding in/out • Policy implications 3
  • 4. Fertilizer subsidy  Crowding out of private sector • 18-22% in Malawi (Ricker-Gilbert et al. 2011) • Smaller in Zambia (Xu et al. 2009)  Crowding in – potential (Dorward 2009) • Farmers’ awareness of fertilizer benefit • Increased fertilizer demand => larger economy of scale  Other studies • Duflo et al. (2011) – subsidy could stimulate fertilizer use in Kenya 4
  • 5. Crowding in / out  Fertilizer subsidy crowding in / out  T=G+C • T = Total fertilizer consumption • G = Quantity purchased thru gov’t subsidy • C = Quantity purchased thru commercial suppliers If > 0 → crowding in If < 0 → crowding out If = 0 → no effect 5
  • 6. Why this study?  Government of Nigeria is implementing major fertilizer subsidy reforms • Hence it is important to set a benchmark showing the impact of the current fertilizer subsidy program on private fertilizer market development • These data will be used to assess the impact of the new fertilizer subsidy program on private sector fertilizer market development. • Determine the crowding-in / out of commercial fertilizer marketing by the fertilizer subsidy program 6
  • 7. Nigeria subsidy policy trend Years Policy Early Each State has separate fertilizer subsidy and distribution system 1970s 1976 Government creates FPDD to centralize fertilizer procurement. Actual subsidy 80%-85% and a fiscal cost over US$ 150 million. 1982-86 Under pressure from donors and fall in oil prices, fertilizer subsidy reduced from 85% to 28%. Cost of subsidy reaches US$ 240 million 1986-89 Nominal price fixed instead of inflation; subsidy rises to 80%. 1994 Economic reforms reinitiated, devaluation, and fertilizer subsidies reduced. 1997 Fertilizer subsidies removed and distribution liberalized. 1999- Fertilizer subsidy re-introduced. FGN subsidy rate = 25%, each state todate gives additional subsidy 7
  • 8. Fertilizer use trend in Nigeria & SSA regions 14 12 Average NPK/ha 10 8 6 4 2 0 2002 2003 2004 2005 2006 2007 2008 Nigeria East Africa Central Africa Western Africa SSA, excl SA Source: Presenters’ calculation based on FAOSTAT 8
  • 9. Old fertilizer subsidy scheme Subsidized fertilizer International Non-subsidized fertilizer market Fertilizer Contract Federal Submit request manufacturer State Open market ADP Farmer Source: Authors illustration based on literature and consultations with9 the local experts.
  • 10. Empirical methods  Two household datasets • National survey on agricultural export commodities (NASC) – pseudo-panel data • Living Standard Measurement Survey – Integrated Survey on Agriculture (LSMS-ISA) – cross section data  Examine: 1. Patterns of sourcing 2. Effect of subsidy on fertilizer subsidy 3. Size of crowding in / out 10
  • 11. National survey on agricultural export commodities (NASC) Collected by NBS, CBN, FMARD and FM of Year of survey Sample size Commerce and Industry 2003 14,337 (FMC&I) 2006 16,307 2007 15,286 Export crop growers Source: NBS • Cashew, Cassava, Cocoa, Coffee, Cotton, Garlic, Gi nger, Groundnut, Gum Arabic, Kolanut, Oil Palm Rubber, Sesame seed, Sheanut, Sugar cane and Tea • In 2010 LSMS Data, these farmers account for  15 % of producers in Nigeria  30 % of fertilizer use in Nigeria 11
  • 12. Living Standard Measurement Survey – Integrated Survey on Agriculture (LSMS-ISA)  Collected by the NBS, World Bank  Sample – 5000 households nationwide  Approximately 3000 farm households with farm plots 12
  • 13. Fertilizer purchase source Definitions of commercial / public – subsidized sources Commercial Public - subsidized NSAEC data • Cooperative society* • Ministry (Extension services) • Local market • Agro service center • Other source • Farm service center LSMS data • Market (local / main) • Government • Friend / neighbor • Political Leader • All the other • All free fertilizer (regardless of the source) Source: Consultations with the local experts and literature 13
  • 14. PATTERNS OF FERTILIZER SOURCING INTERNATIONAL FOOD POLICY RESEARCH INSTITUTE 14
  • 15. Share (%) of farmers by sources of fertilizer 2003 2006 20.4 21.5 18.1 18.9 79.6 78.5 1.7 1.9 0.6 0.7 2007 LSMS No Com only 25.0 20.4 69.7 30.3 75.3 24.1 Sub only 2.1 3.3 3.2 Both 1.0 Only one type of source (usually) Some indication of crowding-out Source: Authors 15
  • 16. Why use only one source? Potential reasons  Small demand for fertilizer  High transaction costs (information)  Trust in particular source (quality) => Characterize the interaction between commercial and subsidized market Affect the nature of crowding-out Determine our estimation approach 16
  • 17. EFFECT OF SUBSIDY ON OPEN MARKET FERTILIZER PRICE INTERNATIONAL FOOD POLICY RESEARCH INSTITUTE 17
  • 18. Fertilizer transportation cost Table 6. Transportation costs from Lagos to major fertilizer destinationsa Source: Informal communication with major fertilizer manufacturers in Nigeria. Destination Zone Transportation costs Naira / USD / ton 30 ton Kano NW Sokoto NW 380,000 82 Katsina NW Maiduguri NE Yola NE 450,000 98 Jalingo NE Abuja NC 320,000 71 Ilorin NC 220,000 49 Ibadan SW 200,000 44 Oshogbo SW 220,000 49 Calabar SS 400,000 87 Enugu SE 280,000 61 Source: Major fertilizer manufacturers in Nigeria (Tak International) Source: Generated by Renato Folledo using ESRI World Street Map 18 (http://www.arcgis.com/home/item.html?id=3b93337983e9436f8db950e38a8629af)
  • 19. Fertilizer prices – theoretical, actual (commercial / subsidized) - 2010 (US Dollar / Ton) 689 666 695 668 650 653 585 553 585 520 520 527 424 325 312 273 NW NC NE SW SS SE Theoretical (NPK and Urea) Open Market Subsidized Source: Authors’ calculations. Open market and subsidized prices are median of each region in LSMS data. No subsidized price was obtained for the South West region. • North => lower subsidized price, though slightly higher theoretical price • Open market price < Theoretical price => Subsidy depressed open market price 19
  • 20. Lower subsidized price (higher subsidy) => lower open market price Correlation between open market and subsidized price at the LGA level NSAEC data LSMS data 2003 2006 2007 All LGA Sub- Sample Correlation coefficient .391*** .163* .565*** .014 .261** Sample size 135 114 83 70 68 p-value (H0: correlation .000 .083 .000 .907 .031 coefficient = 0) Source: Authors. • Positive correlation at the LGA level between open market price and subsidized price Greater subsidy may be depressing open market fertilizer price as well Another indication of crowding out 20
  • 21. SIZE OF CROWDING IN / OUT INTERNATIONAL FOOD POLICY RESEARCH INSTITUTE 21
  • 22. Estimation challenge 1. Data restriction – we can only use 2 groups to estimate crowding- out effect Obtain Obtain Obtain fertilizer from fertilizer from fertilizer from Does not use fertilizer commercial subsidized both types of source only source only sources Single-source users Dual-source users 2. Subsidized fertilizer quantity – endogenous, censored at 0 22
  • 23. Estimation method 1. Bivariate probit - control for self-selection (ΠC, ΠG) = f (x) => Obtain λ (inverse mills ratio) 2. Endogenous Tobit – crowding out among single-source users Censored regression (Tobit)1: G* = f (xG, λ) Censored regression (Tobit) 2: C* = f (xC, G*, λ) 3. OLS – difference in fertilizer use between single- and dual- source users T* = f (xG, xC, δ) δ: probability of being dual-source users – estimated from bivariate probit Correlated Random Effects:  Interact variables x with year dummies – to minimize bias from 23 pooled cross section data
  • 24. Other variables in the models Categories Variables Farmer characteristics Age, gender, household size Education Primary, secondary, post-secondary Land tenure Size of land owned Land tenure Access to market, Distance (nearest town, all-weather infrastructure road, market, ADP) at LGA level Agro-ecological factors Rainfall (mean, variation) 4 Agro-ecological zones Political factors 6 Geo-political zones Use of modern inputs / Improved seed credit* Motor plow Pesticide Credit 24
  • 25. Share of farmers using subsidized fertilizer Share of farmers using subsidized fertilizer - by LGA Share of farmers using subsidized fertilizer - by state 25
  • 26. Household level analysis  Estimated crowding-out (mean of all sample) = 19 ~ 35% Adding 1 ton of subsidized fertilizer => increase total fertilizer use by only 650 ~ 810 kg => reduces the demand for commercial fertilizer by 190 ~ 350 kg  Using both sources (commercial & subsidized), instead of one, => no increase in fertilizer use 26
  • 27. Beneficiary characteristics as cause of crowding out Key characteristics that are statistically significant in both datasets Farmers using more Recipients of subsidy commercial fertilizer Distance to nearest town near near Household size large large Household head age older Post-secondary education yes Source: Authors’ estimation. For farmers with large household size, residing closer to the town => More subsidy was given to them although they were more likely to buy fertilizer at commercial price even in the absence of subsidy 27
  • 28. Implications  Old fertilizer subsidy was more likely displacing commercial fertilizer market, than stimulating  Government’s goal, increasing fertilizer use in Nigeria under the ATA, can be achieved more efficiently through improved targeting to reduce leakages • Ex-ante assessment to identify demand • Targeting mechanisms – index-based targeting  Monitor the change in fertilizer use under ATA 28
  • 29. Reference Adesin A. 2011. Agricultural Transformation Agenda. Presentation made by the Honorable Minister of Agriculture to the Economic Management Team Abuja, September 9, 2011. Banful A, E Nkonya & V Oboh. (2010). Constraints to fertilizer use in Nigeria: Insights from agricultural extension service. IFPRI Discussion Paper 01010. Dorward A. (2009). Rethinking agricultural input subsidy programmes in a changing world. Paper presented for the Trade and Markets Division, Food and Agriculture Organization of the United Nations. Duflo E, M Kremer & J Robinson. (2011). Nudging Farmers to Use Fertilizer: Theory and Experimental Evidence from Kenya. American Economic Review 101(6): 2350–2390. FGN (Federal Government of Nigeria). 2011. The Transformation Agenda, 2011-2015. National Planning Commission, Abuja Nigeria. Mogues T, M Morris, L Freinkman, A Adubi, E Simeon, C Nwoko, O Taiwo, C Nege, P Okonji & L Chete. (2008). Agricultural public spending in Nigeria. IFPRI Discussion Paper 00789. Ricker-Gilbert J, TS Jayne & E Chirwa. (2011). Subsidies and Crowding Out: A Double-Hurdle Model of Fertilizer Demand in Malawi. Amer. J. Agr. Econ. 93(1): 26–42. Takeshima H, E Nkonya & D Sayon. (2012). Impact of fertilizer subsidies on the commercial fertilizer sector in Nigeria: evidence from previous fertilizer subsidy schemes. IFPRI NSSP Policy Note 34. Xu Z, WJ Burke, TS Jayne & J Govereh. (2009). Do Input Subsidy Programs ―Crowd In‖ or ―Crowd Out‖ Commercial Market Development? Modeling Fertilizer Use Decisions in a Two-Channel Marketing System. Agric. Econ. 40(1): 79–94. 29
  • 30. PBS PARTNERSHIP SUPPORT IN NIGERIA Paper Delivered by MPO Dore, PBS Nigeria Coordinator NSSP National Conference 2012: ―Informing Nigeria’s Agricultural Transformation Agenda with policy analysis and research evidence‖ Abuja, Nigeria – November 13-14, 2012 INTERNATIONAL FOOD POLICY RESEARCH INSTITUTE
  • 31. INTRODUCTION: UNCED & CBD  Nigeria’s obligation arising from the United Nations Conference on Environment and Development (UNCED) in 1992.  UN Convention on Biological Diversity (CBD) was one of the outcomes and Nigeria signed it in 1992 and ratified it in 1994.  The subject of possible effects of genetically modified organisms (GMOs) was just beginning to get recognition. The Cartagena Protocol on Biosafety (CPB) developed and Nigeria signed in 2001 and ratified in 2002.
  • 32. OBJECTIVES OF CPB  --- contribute to ensuring an adequate level of protection in the field of the safe transfer, handling and use of living modified organisms resulting from modern biotechnology that may have adverse effects on the conservation and sustainable use of biological diversity, taking also into account risks to human health, and specifically focusing on transboundary movements.
  • 33. NATIONAL OBLIGATIONS  Nigeria is saddled with the task of developing its domestic legislation, regulations, sectoral guidelines, standard operating procedures and mechanisms to implement the provisions. These are by no means easy tasks given the lack of familiarity with the technology and dearth of legal expertise to draw up legislation on the subject.
  • 34. Background  PBS works with stakeholders to develop and implement science-based, functional biosafety systems that ultimately: Expand producer choice, inspire consumer confidence, facilitate trade, and promote agricultural R&D.  Its remit includes national, regional and global activities. It serves by providing comprehensive expertise for technical, legal, communications and outreach as well as policy/strategy development.
  • 36. Countries & Economic Groupings  East Africa: Kenya, Tanzania, Uganda; Common Market for East and Southern Africa (COMESA)  West Africa: Nigeria, Ghana, ECOWAS  Southern Africa: Malawi, Mozambique  SE Asia: Philippines, Indonesia, Vietnam, APEC
  • 37. Nigeria presence  Initiated in 2003; 2nd phase (2008 – 2013)  Primarily funded by USAID; IFPRI- managed  Comprehensive expertise: technical, legal, communications, poli cy/strategy development  Technical assistance component supported by independent IFPRI policy research team
  • 38. SERVICES  Services offered : Capacity building for national biosafety officials (familiarization tours, retreats), Development of operational biotechnology and biosafety policies, development of Biosafety laws, implementing regulations and guidelines.  Provision of technical expertise for Confined Field Trials (CFTs) and multi-location trials (MLTs), commercial release guidelines, functional coordination among agencies, strategic outreach and communications, Issues Management, Capacity building for decision makers and Coalition building for policy support.
  • 39. ANALYSIS OF NIGERIA BIOSAFETY SITUATION Nigeria has two functional bodies responsible for biotechnology and environmental safety in the use of biotechnology. These are the National Biotechnology Development Agency (NABDA) of the Federal Ministry of Science and Technology and Federal Ministry of Environment. The latter is the focal point for the Convention on Biological Diversity and biosafety and led Nigeria’s negotiations for the CPB.
  • 40. Existence of guidelines  Nigeria has as yet no laws governing modern agricultural biotechnology and biosafety. The Federal Ministry of Environment, which has responsibility for biosafety regulation issued national biosafety guidelines, which became operational in 2001. The guidelines contain provisions for field-testing of GM crops, following review by the National Biosafety Committee.
  • 41. Passed Bill  At the moment the National Assembly has passed the Biosafety Bill and is awaiting presidential assent. The bill calls for the establishment of a National Biosafety Management Agency. The Biosafety Bill was presented to the Ministry of Environment by the current Nigeria Biosafety Committee in 2006.
  • 42. PBS ENGAGEMENT  PBS has a long-standing relationship in Nigeria and spans almost a decade. This is discernible into two phases. The first phase of activities commenced in the period 2003- 2008. Activities have now entered their second phase which span 2008-2013.
  • 43. Phase I  2005 PBS sub-agreement with International Institute for Tropical Agriculture (IITA) under the National Agricultural Biotechnology Program (NABP). --NABP focused on development of Nigeria’s national biosafety system and the strengthening of national capacities for its implementation.  -establish an enabling policy environment for the safe use of biotechnology and  strengthen national capacities to implement biosafety guidelines leading to the approval of field test applications
  • 44. Achievements 2005-2007  Review and further development of the draft biosafety policy and law;  Technical training in key skill areas of biosafety review and regulatory oversight and provision of equipment for the biosafety office to be better able to function.  retreat organized in 2005 in collaboration with the Federal Ministry of Environment and an NGO which saw the emergence of a draft biosafety bill and regulatory system.
  • 45. Achievements  Several training events provided to regulators (IBC members, NBC members) on CFT review and management. These events took place in 2006 (in Ghana, participants from Nigeria).  Hands-on national workshop in 2007, focusing on promising technologies for cowpea, maize and cassava supported through the IITA sub-agreement.  These activities have significantly strengthened the available skills and capacity for field trial review and management.
  • 46. 2007-8  Regulatory dossier development for an insect-resistant cowpea CFT application became the focus in the period 2007-08, with support from USAID/Nigeria and in collaboration with African Agricultural Technology Foundation (AATF).
  • 47. Phase II  PBS efforts focused on increasing the productivity of selected commodities (cowpea) and the number of value-added products (cassava events, sorghum), build a more commercial and competitive orientation among farmers and small entrepreneurs, and improve the policy environment.
  • 48. Phase II Expansion of services both in scope and content. Direct collaboration with stakeholders and provided technical support for the first ever Confined Field Trial , support for passage of bill passage, supporting an outreach through OFAB (NABDA) which ensures that the potentials of biotechnology are brought to the grassroots, developing Biosafety guidelines and preparing for regulations required for implementing laws.
  • 49. Current Programs  Programs drawn up to deal with the identified areas needing technical expertise in preparation of Nigeria for the coming into law.  The development of regulations for implementing the law to be developed include guidelines and manuals on:
  • 50. Taskforce to draft regulations  A crucial aspect and determinant in ensuring further progress in the attainment of a lasting and workable Biosafety regime in Nigeria.  Risk assessment and Risk Management • System for monitoring and enforcement: e.g., LMO inspections, equipment purchase, development of protocols and guidelines • Need for joint planning and coordination of activities • Procedures for the regulation of laboratory research and confined field trials
  • 51. Regulations & Guidelines  Procedures for the commercial release of GMOs into the environment  Procedure for the import, export and transit of GMOs  Advanced field trial guidelines and SOPs  Guidelines for general releases  Advanced field trial guidelines, regulations for the enforcement of the Biosafety Act
  • 52. Legal Analysis  To ensure an efficient Nigerian biosafety regulatory system that reduces redundancy while meeting all international and national legal obligations. A Biosafety Act is one part of a broader national regulatory system for biotechnology. In addition to the Biosafety Act, there are other existing Nigerian laws that may impact biosafety and/or regulate GMOs or their products.
  • 53. Other legislations  Other relevant legislations-- food safety legislation, seed laws and phytosanitary laws may impact plant materials (including GMO plants) and general environmental legislation may apply to the release of a GMO into the environment.  International obligations, such as consensus documents from Codex Alimentarius, may impact national biosafety regulation.  PBS legal expert & in-country lawyers are working to provide a roadmap of options to reconcile those legal obligations.
  • 54. Process Management  Upon passage of the National Biosafety Bill into Law, technical and organizational management advisory services will be required to ensure that the newly established NBMA has adequate capacity to function and execute its mandated duties.
  • 55. Management tools  One tool to accomplish this is Process Management Training, which can be useful in articulating the ―who, what, when, where and why‖ of a given process and among various regulatory / legal functions in a clear and methodical stepwise process. Process management, currently applied in several PBS partner countries, will help implement a coordinated framework that is transparent, predictable and efficient.
  • 56. PIPELINE PRODUCTS  Biocassava+-Pro-vitamin A  Cowpea—insect resistance  Sorghum-lysine, Zn  THE NEAR FUTURE  Demand driven ????
  • 57. CONCLUSION  PBS has helped reduce uncertainty surrounding biotechnology and biosafety and increase technical knowledge and confidence on biosafety systems in Nigeria.  The collaboration between PBS and Nigerian entities has been fruitful and rewarding for all concerned  A robust biosafety administrative regime will emerge arising from PBS engagement in Nigeria
  • 58. Title Page Identifying Key Land Governance Policy Issues in Nigeria* By: Peter Olufemi Adeniyi Chairman, PTCLR ⃰ Paper Presented at the National Conference of Nigeria strategy Support Programme (NSSP); Under the Auspices International Food Policy Research Institute (IFPRI), Rockview Hotel Royale, Wuse 2, Abuja, Nigeria; 13 – 14 November 2012
  • 59. Outline of Presentation  Importance of Land  What is Land Governance  Governance and Policy Making  Emergence of Land Governance Assessment Framework (LGAF) — Purpose, Content and Implementation Arrangement — LGAF Study in Nigeria — Summary of its Substantive Results — Some of the Policy Recommendations  Why PTCLR — The Objectives, Goal and Expected Benefits of PTCLR — Key Features of the PTCLR Activities — Challenges 59
  • 60. Importance of Land In the book of Genesis 2:7, it was stated that man was created from the dust of the land and will return to the land at the end of his life. It was also indicated that while alive, man will keep on working, “tilling the land” for his or her survival (Gen. 3:23). Still in the Holy book (Deuteronomy 12: 9 – 10; 25: 8 and 25:21) it was noted that land is our home, our means of survival and our place of rest, safety and enjoyment of good life. It is therefore not an overstatement to say that without land there would be no human existence since land provides humans with items like food, fuel, clothing, shelter, and medication which are very essential for survival. Land is the source of all material wealth. From it we get everything that we use or value, whether it be food, clothing, fuel, shelter, metal, or precious stones. We live on the land and from the land, and to the land our bodies or our ashes are committed when we die. The availability of land is the key to human existence, and its distribution and use are of vital importance. Land records, therefore, are of great concern to all governments. The framing of land policy, and its execution, may in large measure depend on the effectiveness of ‘land registration’, as we can conveniently call the making and keeping of these records. (Rowton Simpson, 1978, Page 3) 60
  • 61. Land Governance and Elements of Good Land Governance  What is Land Governance? — Land Governance is about the policies, processes and institutions by which land, property and natural resources are managed. This includes decisions on access to land; land rights; land use; and land development. Land Governance is about determining and implementing sustainable land policies (Ememark, 2009)  Elements of Good Land Governance — Land administration systems are efficient, effective and competent; — Land policies that embody value judgments and are endorsed by elected politicians after consultation with interested and affected parties; — Land information is freely available subject to the protection of privacy; — Land laws and regulations are freely available, well-drafted in a participatory transparent manner, responsive and consistent and able to be enforced by the government and citizens; — Land administration agencies are independently audited and publish their accounts and performance indicators; — Land administration services are provided for all without discrimination e.g. on the basis of gender, ethnicity, religion, age, or political affiliation; — Sustainable land development is encouraged; — Land services should be provided close to the user; — Land registration and legal systems should provide security of tenure for those with legitimate interest in a parcel of land; — Land administration officials behave with integrity and give independent advice based upon their best professional judgment. (FAO, 2007) 61
  • 62. Basic Steps in Governance and Public Policy Making and Implementation Understanding Issues (Scoping Studies) Evaluating Policy Evaluating Consequences Options (Monitoring and Evaluation) Selecting Policy Implementing Policy Piloting and Testing 62
  • 63. Land Governance Assessment Framework (LGAF) Why LGAF? — Need for a robust and comprehensive methodology to assess the various components of Land Governance — The need for a framework that provides governments with objective assessment tool that can be used to identify areas where improvements are required What is LGAF? It is a diagnostic instrument, developed by the World Bank in collaboration with IFPRI and other partners, for rapid national evaluation of various aspects of land governance. Its methodology is based on 21 indicators. The indicators are further broken down to 80 dimensions which are then grouped into the following five thematic areas: — Legal and Institutional Framework — Land Use Planning, Management and Taxation — Management of Public Land — Public Provision of Land Information — Dispute Resolution and Conflict Management — Plus additional 16 dimensions on Large Scale Land Acquisition 63
  • 64. Land Governance Assessment Framework (LGAF) (Cont’d) Its Methodology is Strategic and Novel — Strategic because of the use of in-country experts thereby ensuring credibility and buy-in of the process and outcomes — Novel not only because of the development of comprehensive indicators but also because its implementation is based on participatory approach involving:  Use of Expert Investigators to collect background information on a number of the dimensions  Composition of Expert Panel Workshops for consensus assessment of a number of dimensions  Conduct of Technical Validation of the Consensus Assessment Report  Conduct of Policy Dialogue where key policy recommendations and monitoring indictors are developed. 64
  • 65. Implementation of LGAF in Nigeria Period of Study: February to November 2011 Four Expert Investigators were appointed to provide background information on 59 out of the 96 dimensions Nine Expert Panel Workshops were conducted for the consensus assessment of a number of dimensions between April 27 and May 13, 2011 Conduct of Technical Validation Workshop involving 30 multi-stakeholders Nigerian participants and 13 participants from International Organisation Policy Dialogue meeting involving 28 Nigerians and 9 participants from International Organisations 65
  • 66. Summary of LGAF Findings Individual and Consensus Ranking by the Expert Panel Members on Land Tenure Ranking by Expert EPM LGI Dimension Description Panel Members (EPM) Consensus Ranking 1 2 3 4 5 1 i Land tenure rights recognition (rural) B D D B A 1 ii Land tenure rights recognition (urban) A D B B A 1 iii Rural group rights recognition C D D B C 1 iv Urban group rights recognition in informal areas D C B C C 1 v Opportunities for tenure individualization B C D C C Surveying/mapping and registration of rights to communal 2 i A D D B D land 2 ii Registration of individually held properties in rural areas C D D C D 2 iii Registration of individually held properties in urban areas A D C B D A condominium regime provides for appropriate 2 v D C D C C management of common property 2 vi Compensation due to land use changes C C D D C Use of non-documentary forms of evidence for 3 i B D D B C recognition of property claims 3 ii Formal recognition of long-term, unchallenged possession C D C C D 3 vi Efficient and transparent process to formalize possession C B B D C 66
  • 67. Summary of LGAF Findings (Cont’d) Individual and Consensus Ranking by the Expert Panel Members on Urban Land Use Planning and Development Ranking by Expert Panel EPM LGI Dimension Description Members (EPM) Consensus 1 2 3 4 5 Ranking 3 v Formalization of urban residential housing is feasible and affordable B D B C C C Restrictions regarding urban land use, ownership and transferability 4 i B D B B B B are justified In urban areas, land use plans and changes in these plans are based 7 i C C D D B C on public input 7 iii Public capture of benefits arising from changes in permitted land use C B C C D C 7 iv Speed of land use change C C D D D Process for planned urban development in the largest city in the 8 i D D C D C D country Process for planned urban development in the four largest cities in 8 ii D D D D C D the country, excluding the largest city 8 iii Ability of urban planning to cope with urban growth D C D C C C 8 iv Residential plot size adherence in urban areas C C D C C C Applications for building permits for residential dwellings are 9 i C C B B D C affordable and processed in a non-discretionary manner 9 ii Time required to obtain a building permit for a residential dwelling D C A C C 67
  • 68. Summary of LGAF Findings (Cont’d) Individual and Consensus Ranking by the Expert Panel Members on Rural Land Use and Land Policy Ranking by EPM Expert Panel LGI Dimension Description Consensus Members (EPM) Ranking 1 2 3 4 Restrictions regarding rural land use, ownership and 4 ii B C B B B transferability are justified Clear land policy is developed in a participatory 6 i B D B C C manner Meaningful incorporation and monitoring of equity 6 ii C D C C C goals Policy for implementation is costed, matched with 6 iii C D C D D benefits and adequately resourced Regular and public reports indicating progress in 6 iv D D C D D policy implementation In rural areas, land use plans and changes in these 7 i D D C C D plans are based on public input Use plans for specific rural land classes (forests, 8 v D D D D D pastures, etc) are in line with use 68
  • 69. Summary of LGAF Findings (Cont’d) Individual and Consensus Ranking by the Expert Panel Members on Management of Public Land Ranking by Expert EPM Panel Members LGI Dimension Description Consensus (EPM) Ranking 1 2 3 4 5 Public land ownership is justified and 12 i implemented at the appropriate level of B B C C C C government 12 ii Complete recording of publicly held land C A B C A C Assignment of management responsibility for 12 iii C A C C D C public land Resources available to comply with 12 iv D C D C D D responsibilities Inventory of public land is accessible to the 12 v B C C C C C public Key information on land concessions is 12 vi C B B B B B accessible to the public 69
  • 70. Summary of LGAF Findings (Cont’d) Individual and Consensus Ranking by the Expert Panel Members on Management of Public Land (Cont’d) Ranking by Expert EPM Panel Members LGI Dimension Description Consensus (EPM) Ranking 1 2 3 4 5 13 i Transfer of expropriated land to private interests A C D B C C 13 ii Speed of use of expropriated land C B C C C C Compensation for expropriation of registered 14 i C B C B C C property 14 ii Compensation for expropriation of all rights A A C C C C 14 iii Promptness of compensation D D D D D D Independent and accessible avenues for appeal 14 iv B A C D D D against expropriation Timely decisions regarding complaints about 14 v C A D C D C expropriation 15 i Openness of public land transactions D D D C C D 15 ii Collection of payments for public leases A C A C C C 15 iii Modalities of lease or sale of public land B B D B B B 70
  • 71. Summary of LGAF Findings (Cont’d) Individual and Consensus Ranking by the Expert Panel Members on Large-Scale Land Acquisition Ranking by Expert EPM LSLA Dimension Description Panel Members (EPM) Consensus Ranking 1 2 3 4 LSLA-1 Most forest land is mapped and rights are registered C D C C D Land acquisition generates few conflicts and these are addressed LSLA-2 D D D D D expeditiously and transparently Land use restrictions on rural land parcels can generally be LSLA-3 C C D D D identified Public institutions involved in land acquisition operate in a clear LSLA-4 D B C C D and consistent manner LSLA-5 Incentives for investors are clear, transparent and consistent C B D C C Benefit sharing mechanisms for investments in agriculture (food LSLA-6 crops, biofuels, forestry, game farm/conservation) are regularly C C C D C used and transparently applied There are direct and transparent negotiations between right LSLA-7 D C C C C holders and investors Sufficient information is required from investors to assess the LSLA-8 C C C C C desirability of projects on public/communal land. 71
  • 72. Summary of LGAF Findings (Cont’d) Individual and Consensus Ranking by the Expert Panel Members on Large-Scale Land Acquisition (Cont’d) Ranking by Expert EPM LSLA Dimension Description Panel Members (EPM) Consensus Ranking 1 2 3 4 For cases of land acquisition on public/community land, investors LSLA-9 provide the required information and this information is publicly C C C C C available Contractual provisions regarding acquisition of land from LSLA-10 communities or the public are required by law to explicitly mention D C D D D the way in which benefits and risks will be shared. The procedure to obtain approval for a project where it is required is LSLA-11 D D B C B reasonably short Social requirements for large scale investments in agriculture are LSLA-12 D C D D D clearly defined and implemented Environmental requirements for large scale investments in LSLA-13 D C D D D agriculture are clearly defined and implemented For transfers of public/community lands, public institutions have procedures in place to identify and select economically, LSLA-14 C C C D C environmentally, and socially beneficial investments and implement these effectively. Compliance with safeguards related to investment in agriculture is LSLA-15 C C D D D checked There are avenues to lodge complaints if agricultural investors do LSLA-16 D D D D D not comply with requirements 72
  • 73. LGAF Validated Findings Summary of the Validated Consensus Ranking of the LGAF Dimensions Legal and Institutional Framew ork 7.41 18.52 44.44 29.63 (27 Dimensions) Land Use Planning, Management 5.88 52.94 41.18 and Taxation (17 Dimensions) Public Land Management (16 12.5 62.5 25 Dimensions) Thematic Areas P ublic Provision of Land 15.38 15.38 23.08 46.16 Inf ormation (13 Dimensions) Dispute Resolution and Conf lict 14.29 42.85 14.29 28.57 Management (7 Dimensions) Large Scale Land Acquisition (16 A 6.25 37.5 56.25 Dimensions) B C All the Dimensions - 96 5.21 14.58 42.71 37.5 D 0 20 40 60 80 100 120 % Score  The order of weakness based on the percentage of dimensions scoring C and D are: — Land Use Planning, Management and Taxation with 94.12%; — Large Scale Land Acquisition, 93.76%; — Management of Public Land, 87.5%; — The Legal and Institutional Framework, 74.07%; — Public Provision of Land Information, 69.24%; and — Dispute resolution and Conflict Management, 42.86% 73
  • 74. LGAF Validated Findings (Cont’d) Areas of great weakness — Enforcement of rights; — Speed of conflict resolution in the formal — Mechanisms for recognition of rights; system; and — Institutional overlap; — Long-standing conflicts (unresolved cases older — Equity and non-discrimination issues; than 5 year) — Transparency of land use planning; — Efficiency of land use planning; — Transparency of valuation; — Tax collection; — Difficulty of identifying public land; — Speed of use of expropriated land; — Transparency in land expropriation procedures; — Promptness of Compensation; — Independent and accessible avenues for appeal against expropriation; — Openness of public land transactions — Mapping of registry records; — Reliability of records; — Cost of registering a property transfer; — Financial sustainability of the registry; — Capital investment; 74
  • 75. Major Policy Recommendations and Monitoring Indicators POLICY ISSUE ACTION PLANS MONITORING INDICATORS 1. LEGAL AND INSTITUTIONAL FRAMEWORK  More than 30 years after  To enable the National Council of States to  Establishment of the its passage, none of the pass needed regulations and to monitor Commission key pieces of regulation land system performance on a regular  Evaluation of results of the envisaged in the Land Use basis, a National Land Commission as a pilots available Act (LUA) (Sections 3 and technical body with representation from  Regulations drafted 46) has been passed. This key actors needs to be established.  Provision of information and has seriously undermined Pending the establishment of the National institutional arrangements to good land governance Land Commission, the Presidential monitor outcomes. and effective land use Technical Committee on Land Reform  Study conducted and planning in the country. (PTCLR) should carry out the tasks below. recommendations  A high degree of vertical  Conduct and carefully evaluate pilot disseminated & discussed. and horizontal overlap studies in relevant areas to provide - % increase of land among land institutions evidence to inform the drafting of key registration, leases and creates confusion, high regulations for land registration and land transfers, C of Os levels of transaction survey/mapping in two states within one - reduced boundary costs, and undermines year. conflicts good governance in the  Carry out a study to identify horizontal and - reduction in transaction sector. vertical overlaps in the land system and costs and time recommend solutions. - reduction of vertical and horizontal overlaps 75
  • 76. Major Policy Recommendations and Monitoring Indicators (Cont’d) POLICY ISSUE ACTION PLANS MONITORING INDICATORS 2. LAND USE PLANNING, MANAGEMENT AND TAXATION  While land use plans are  Prepare strategic land use  Initial establishment of land use necessary to guide development plans with development plans. development in urban and adequate implementation and  Mechanism to monitor rural areas, they are mostly enforcement regulations; compliance with plans in place unavailable leading to sensitize the public on their and results haphazard growth. existence, importance and use of monitored/publicised.  Absence of property tax the same.  Property tax guidelines administration, assessment  Review planning standards, plot available, explained to and and collection hinders size, land use class, and adoption understood by citizens, decentralization and of model plans for public use. professionals (e.g. estate effective provision of local  Develop, disseminate, and help surveyors and valuers), and services. implement transparent systems local governments. for property tax administration,  Increase in property tax assessment, and collection for assessments and actual use by local governments at collection. different sizes.  Number of states that have land use plans, land administration machinery and property tax rolls. 76
  • 77. Major Policy Recommendations and Monitoring Indicators (Cont’d) POLICY ISSUE ACTION PLANS MONITORING INDICATORS 3. PUBLIC LAND MANAGEMENT  Lack of information on the  Undertake a comprehensive  Inventory has been location and extent of public inventory of land owned by all established and land makes it impossible to tiers of government. mechanisms to properly manage and protect  Harmonize various legislations maintain it currently this critical asset. into a clear single simple process exist.  A large number of acquisitions for acquisition of land by all  Legislation to regulate occurs without prompt and government agencies to ensure expropriation has been adequate compensation, thus due process for land acquisition enacted and is leaving those losing land by requiring publicity, adequate effectively applied. worse off, with no mechanism and prompt compensation in line  Share of allocations of for independent appeal even with global best practice and government (public) though the land is often not ensure availability of independent land and transactions utilized for a public purpose. avenues for appeal. Put in place that are advertised.  Divestiture of public land is sanctions for misbehaviour. less transparent and therefore  Ensure publicity of the detailed does not generate revenues agreement, including schedules of for the public sector. applicable charges. 77
  • 78. Major Policy Recommendations and Monitoring Indicators (Cont’d) POLICY ISSUE ACTION PLANS MONITORING INDICATORS 4. PUBLIC PROVISION OF LAND INFORMATION  The low level of  Establish software tools to manage textual and  Share of registry registered parcels (less spatial data jointly and to link existing ones. records with textual than 3% of the country  Building on the pilot study results, develop and spatial covered) and the procedures for systematic expansion of information incomplete spatial registered areas. integrated. reference of registry  Study and recommend processes and  Share of the land information fosters requirements to streamline and control under private use that conflict, corruption, different registration services and based on is registered and undermines this, establish a registry service charter mapped. investment, land (including sanctions and avenue for appeal) that  Implementation of market functioning, is publicly available and binding on both user service charter leads and housing finance. and officials. to higher levels of  Lack of processes for  Design and implement awareness campaign as customer satisfaction. automatic updating well as training programs for officials. undermines the value  Make transparency issues more comprehensive of the land registry as a by publishing list of all allottees upon or at tool for private sector allocation. development.  Ensure implementation of global best practice on access to public land information. 78
  • 79. Major Policy Recommendations and Monitoring Indicators (Cont’d) POLICY ISSUE ACTION PLANS MONITORING INDICATORS 5. DISPUTE RESOLUTION AND CONFLICT MANAGEMENT  Lack of awareness of  Disseminate existing laws and  Knowledge of relevant the rights and sensitize different groups about legal provisions and avenues to enforce their rights under the law and ways avenues for them reduces the to enforce them. enforcement in the ability to access and  Link spatial and textual data (see population and properly utilize land above) to reduce boundary disputes. specific groups (e.g. especially for  Mainstream traditional institutions women). vulnerable groups. and the Alternative Dispute  Reduction of backlog  High level of pending Resolution (ADR) into the justice of conflicts. conflicts undermines system to reduce backlogs and  Number of new investment and improve access to justice, especially conflicts reaching the efficiency of land for vulnerable groups. formal system use.  Increase the ability of formal decreases. institutions to speedily resolve dispute by building capacity and rationalizing assignment of responsibilities. 79
  • 80. Major Policy Recommendations and Monitoring Indicators (Cont’d) POLICY ISSUE ACTION PLANS MONITORING INDICATORS 6. LARGE SCALE LAND ACQUISITION  Lack of clear and efficient procedures  Review and streamline regulations for land-  Establishment of the for large scale investment in land related foreign investment. Create a one-stop one stop intervention reduce Nigeria’s ability to attract shop/intervention and conduct publicity for large scale land technically qualified investors. campaigns among potential investors. acquisition.  Realized investments often are  Adaptation of existing EIA and SIA  Number of viable technically, environmentally, and mechanisms to the needs of land-related investment proposals socially unsustainable. investment, mandatory publication of these increases.  The need for government to documents, and increased efforts at  Number of failed expropriate land before it can be enforcement. Review of other relevant projects due to transferred to investors opens space procedures in light of international standards technical, for discretionary behaviour and, due and best practice. environmental, or to procedural weaknesses (see up),  Ensure those affected by large scale land social problems and often undermines the livelihood of acquisition have the choice of receiving conflict decreases. local people. compensation in kind and provide options for  Living standards in  Lack of local involvement, non- direct negotiation between investors and local areas affected by FDI transparent contracts, and lack of communities. improve. monitoring undermine the scope for  Ensure arrangements for large scale land Foreign Direct Investment (FDI) transfer are negotiated and agreed upon by potential to provide benefits to locals local land users, that mechanisms for benefit and contribute to development. sharing and arbitration are specified, and that contract terms are publicly available to facilitate monitoring. 80
  • 81. Why a PTCLR?  The Land Use Act (1978) has had noble intentions... — Offer all Nigerians access to land — Facilitate the acquisition of land by governments for projects of public interest — Combat land speculation  … but poor results: — Information about who owns land anywhere in the country is largely unavailable as only about 3% of the land parcels in Nigeria has been demarcated and registered — Land speculation is thriving and prices are prohibitive — Land registration is cumbersome, time consuming and expensive (Nigeria is no. 180 out of 183 countries assessed) — Increased informal land development everywhere — State revenue levels, from ground-rent, are very low  Increasing concerns about the failure of LUA by both public and private organizations, CSO, NGOs, business and professional organization, academia, etc  As social and economic pressure increase, there is an urgent need to put more land into productive use through improved land governance anchored on evidence-based land policies  As a response to this, the PTCLR was established in April 2009 by the Federal Government  The LGAF result further justifies the constitution of PTCLR and it further assists in redesigning of programme activities and seeking support for their implementation 81
  • 82. Example of Informal Development Around Lagos 82
  • 83. PTCLR’s Terms of Reference  To collaborate and provide technical assistance to States and Local Governments to undertake land cadastral nationwide;  To determine individuals’ “possessory” rights using best practices and most appropriate technology to determine the process of identification of locations and registration of title holdings;  To ensure that land cadastral boundaries and title holdings are demarcated in such a way that community, hamlet, village, village area, town, etc, will be recognizable;  To encourage and assist States and Local Governments to establish an arbitration mechanism for land ownership conflict resolution; 83
  • 84. PTCLR’s Terms of Reference (Cont’d) To make recommendations for the establishment of a National Depository for Land Title Holdings and Records in all States of the Federation and the Federal Capital Territory; To make recommendations for the establishment of a mechanism for land valuation in both urban and rural areas in all parts of the Federation; and To make any other recommendations that will ensure effective, simplified, sustained and successful land administration in Nigeria. 84
  • 85. Goals of the Reform  To empower Nigerians from all walks of life to have easy access to incontestable certificate of occupancy.  To bring about sustainable socio-economic growth and development anchored on secure land tenure system and effective land titling.  To promote wealth creation and economic empowerment of Nigerians by optimizing the use of land as an economic commodity. 85
  • 86. What the Reform is All About  Collaborating with State and Local Governments to provide technical assistance and enhance their capacity for modern land administration.  Undertaking a train-the-trainer programme for Field Officers and other technical personnel required for effective nationwide cadastral survey.  Putting in place a time defined process of clarification of Land boundaries or adjudication of land for the purposes of registration.  Identifying and removing the bottlenecks that are embedded in the current land titling and registration procedures and processes within the existing land delivery process. 86
  • 87. What the Reform is All About (Cont’d)  Scaling up the quality and adequacy of institutional capacities required to administer and promote land transactions.  Mainstreaming best practices in the documentation of land transactions, land titling and registration processes and procedures.  Installing a nationwide land information infrastructure that is required for the efficient networking of databases of cadastral and land title records.  Undertaking a comprehensive survey involving the mapping of the country on a scale large enough to show land holdings of individuals or group of individuals or corporate bodies. 87
  • 88. Direct Benefit of the Reform  Guaranteed land tenure security and possessory rights for all land owners and occupiers.  Economic empowerment of individuals through the use of their certificates of occupancy as credit collateral to promote their economic ventures.  Improved efficiency of land administration especially for revenue generation for Local, State and Federal Governments.  Reduction in the cost of land transactions, and by extension, reduction in the cost of housing.  Reduction or elimination of fraud and other risks in land transactions due to transparent processes and procedures.  Effective and early resolution of land disputes.  Direct and easy access to reliable, complete and up-to-date land information.  National economic growth and development resulting from optimal use of land in various economic engagements. 88
  • 89. Key Features of the Reform  Intensive and extensive awareness building  Conduct of Strategic Stakeholders’ Meetings  Densification of geodetic stations across the country through the installation of Continuously Operating Reference Stations (CORS) o CORS have been installed in Ondo, Katsina and Imo States while that of Kano State is about to be installed 89
  • 90. The CORS being Installed in Ondo State 90
  • 91. The CORS being Installed in Katsina State 91
  • 92. Key Features of the Reform (Cont’d)  Conduct of scoping studies to provide necessary background information for the development of regulations and a toolkit for systematic land titling and registration  Perception Study  Studies on Land Administration Service Delivery in Nigeria  Socio-economic base line Study  Strategic studies into Valuation Mechanisms  Design and development of a toolkit for systematic land titling and registration, involving: (i) a streamlined systematic registration work flow, (ii) a detailed manual that provides sufficient information to enable field staff to implement the procedure, including copies of all the field forms, and (iii) the training material necessary to train State, LGA, village and field staff in the implementation of the procedures.  Development of registration software package (e.g FAO Open Source SOLA Software)  Conduct of pilot systematic land titling and registration in Ondo and Kano States 92
  • 93. Land Registration in Nigeria The process of registering property is cumbersome, time-consuming and unaffordable to majority of Nigerians. Nigeria ranks 180 out of 183 countries on the issue of registering property. 93
  • 94. Key Features of the Reform (Cont’d) Land titling and registration can be sporadic or systematic. The sporadic system is usually part of a user-pays government initiative that allows individual landholders to gain titles or more secure tenure at their own initiative and cost. The systematic titling on the other hand is equally part of a large government initiative to deliver secure land titles or tenure to a wide cross section of the population at little or no cost to the landholders. The sporadic system is the system being used in Nigeria and this is responsible for the abysmal low level of registered parcel in Nigeria. Today, most land titling projects adopt a systematic approach as exemplified by the well-known Thailand Land Titling Project. The same approach is being adopted across Africa in such countries as Ghana, Ethiopia, Rwanda, Tanzania, etc. 94
  • 95. Key Features of the Reform (Cont’d) The advantages of the systematic land titling registration include:  Low initial cost for landholders;  Government can effectively manage land since it knows who owns what and where it is;  A vital end product is a complete map of all land in a jurisdiction or country to support land management and sustainable development;  A systematic approach is much more equitable than a sporadic approach, especially when the base map is used for land taxation, to identify encroachments, or other planning or environmental controls;  Titling is completed relatively quickly (15 – 20) years is possible for most countries. 95
  • 96. Designed Field Party Structure for the Systematic Registration State Coordinator Field Party Leader (PL) Deputy Field Party Leader (DPL) FieldTeam (3) Team (3) FieldTeam (3) FieldTeam (3) Sensitisation Office GIS Officer (1) Field Field Team (3) Village Field Team (3) Officers (3) Assistance (3) Field Team (3) Officials (2) State/LGA Official Employed Staff Village Officials 96
  • 97. Key Features of the Reform (Cont’d) Each of the four field parties will be structured as follows:  Field Party Leader (FPL, either a land surveyor or an estate surveyor) who is responsible for the management of the overall activities of the party including: liaison with the community, leading the sensitisation activity in the villages, oversight of the dispute resolution process, preparation of reports to the state coordinator.  Deputy Field Party Leader (an estate surveyor if the PL is a land surveyor or a land surveyor if the PL is an estate surveyor) who assists the PL in managing the work.  Sensitisation Officers (3 staff) – responsible for planning and coordinating the village sensitisation program with the field teams, implementing the village sensitisation program, facilitating dispute resolution, assisting with the public display, helping distribute registration information. 97
  • 98. Key Features of the Reform (Cont’d)  Office Assistants (3 staff) – responsible for checking the data gathered by the field teams, entering the data into the computer, producing reports, producing material for public display, helping resolve disputes, preparing registration material.  GIS Officer (1 staff) – responsible for entering the spatial information in the GIS, preparing large scale plots for the field teams, preparing the maps for public display, preparing and spatial data for registration.  Field Teams (7 teams each comprised of a field officer, adjudicator and field assistant – a total of 21 staff) – responsible for the demarcation and charting of property boundaries, the gathering of information on rights, the completion of the field forms with the necessary signatures and supporting information, chasing land holders not present in the field, the correction of incomplete or incorrect information on the field forms, settling disputes, assisting with the office processing and other tasks. 98
  • 99. Key Features of the Reform (Cont’d) The deployment of the procedures involves the following three (3) stages: (i) First Stage (Front Office) which entails:  Village or ward sensitization  Field survey to identify the boundaries of land parcels.  Taking inventory of the possessory rights of individuals or family groups or corporate bodies over the parcels of land, which must be carried out in the presence of all adjacent owners of such parcels of land in the community.  Field adjudication for minor disputes 99
  • 100. Key Features of the Reform (Cont’d) (ii) Second Stage (Middle Office) which entails:  Entering, analyzing and processing of the cadastral and attribute data collected in the field.  Quality control of the data so collected.  The timely process of adjudication of land disputes which could not be resolved in the field by the local adjudicator. This will be done at the Local community level.  Where the claims are not contested or the contestation had been resolved, the rights of individual to the parcels being presented for validation are then confirmed.  The confirmation will be done through the issuance of a receipt that entitles the owner of the parcel of land to apply for a title or certificate of occupancy from the appropriate authority. 10
  • 101. Key Features of the Reform (Cont’d) (iii)Third Stage (Backroom Office) which entails:  The presentation of the receipt from the middle office represents application for the issuance and registration of the title documents or certificates of occupancy by the appropriate authority.  Development of computerized land registries at Local and State Government levels.  Provision of computerized backup facilities in a National Depository at the Federal level.  Promotion of the development of the National Cadastral data infrastructure. 10
  • 102. Importance and Relevance of Land Reform (Cont’d)  Land Reform will strengthen the capacity of State Governors and Local Government Chairmen to administer land in their States and Local Governments.  Land Reform will protect all land owners and occupiers from illegal encroachment.  Land Reform will enhance the security of all Statutory and Customary Certificates of Occupancy.  Land Reform will make land more viable for economic activities and this will lead to economic empowerment and wealth creation. 10
  • 103. Challenges Attitudinal Change and lack of capacity to appreciate and manage change Poor perception of the fundamental importance of land Very weak capacity in Land Administration Development of a comprehensive evidence-based National Land Policy Resource Mobilization for the nationwide conduct of Systematic Land Titling and Registration Sustenance of Stakeholders’ Interest Establishment of a National Land Reform Commission 10
  • 104. The Presidential Technical Committee on Land Reform Thank you! Conclusion 10
  • 105. Challenges and Opportunities for Land Governance in Nigeria: - Insights from Case Studies in Ondo and Kano states Hosaena G Hagos, IFPRI NSSP National Conference 2012: “Informing Nigeria’s Agricultural Transformation Agenda with Policy Analysis and Research Evidence” Abuja, Nigeria – November 13-14, 2012
  • 106. Background: About This Research • Very little is known about customary or statutory legal provisions regarding women’s rights, the types of ownership or use and management rights women hold; • There is lack of clarity on mandates of institutions (formal and customary) available to enforce land rights in case of violation and the transaction costs associated with doing so. • IFPRI was asked by the PTCLR to do qualitative assessment of the land governance system in Ondo and Kano • This report is based on case studies and exploratory visits to the pilot intervention sites identified by the PTCLR (in Ondo and Kano states) • INTERNATIONAL FOOD POLICY RESEARCH INSTITUTE Page 106
  • 107. Motivation: Why Land Governance Reform? The demand for secure property rights to land • Need for investment to increase agricultural productivity & sustainability • Increasing urbanization, escalating land prices, • ‘Scramble’ for land in wake of bio-fuel boom (speculation) Supply-side factors • New land legislation in much of Africa in 90s • Advances in IT and remote sensing reduces cost But why has so little happened on the ground? • Technical or institutional obstacles • Limited benefits compared to cost INTERNATIONAL FOOD POLICY RESEARCH INSTITUTE Page 107
  • 108. The Rationale for Land Right Formalization • Theory predicts that formalized land rights enhance tenure security of households Economic benefits of formalization of land rights: • Enhance land investment • Conservation structures, technology adoption • Transferability • Gains from trade • Reallocate land to more efficient users • Credit access • Land as collateral INTERNATIONAL FOOD POLICY RESEARCH INSTITUTE Page 108
  • 109. Proposed Approach INTERNATIONAL FOOD POLICY RESEARCH INSTITUTE Page 109
  • 110. Rational for the Demand Assessment Study Objectives of the survey  Assess the general public’s knowledge and perception of land regulations  Understand the expectations with respect to benefits offormal and informal property rights (e.g. land disputes, access to mortgage, protection of women rights, etc.)  Quantify the willingness-to-pay for a certificate of occupancy  Inform the second phase assessment (design of the baseline survey) and help refine registration process and sensitization strategy INTERNATIONAL FOOD POLICY RESEARCH INSTITUTE Page 110
  • 111. Preliminary Findings: case studies • The study shows that the costs of land registration are around 10 percent of the land value • Household reported the disbursement of compensation as a major problem rather than the lack of land registration per se. • The local governments play a rather limited, if not completely nonexistent role, in providing land governance services INTERNATIONAL FOOD POLICY RESEARCH INSTITUTE Page 111
  • 112. Preliminary Findings: Cont. • The law, both statutory and customary recognizes the right of women to own and use land for productive uses. • However, there is a regional variation in the rights of female to land ownership (acquisition) • Kano: In the event of the death of the husband, the wife has the right to inherit ¼ the husbands property. • Ondo: A woman according to custom has no right of inheritance from her husband, • Direct purchase, gift through inheritance and government allocation are the dominant modes of land acquisition for women • Though joint ownership of land and properties with spouses is constitutionally allowed, it is rarely practiced. • Majority of respondents opposed this form of land ownership (reason: potential cause for conflict in polygamous family) INTERNATIONAL FOOD POLICY RESEARCH INSTITUTE Page 112
  • 113. Preliminary Findings: Cont. • The willingness-to-pay for Certificate of Occupancy (C of O) varies in both states • Generally, there is a higher willingness (backed with ability) to pay in the urban area, among male respondents, migrants and households with earlier experience of land dispute • Unaffordability was stated as the major reason for not having (obtaining) certificate of Occupancy • Land-related disputes are more common in urban areas than rural. • Though a myriad of them exist in both states (Kano and Ondo State), inheritance dispute , border dispute and dispute caused by land expropriation are dominant cause of land related disputes in the two states. • Majority of the households have reported to have poor access to formal dispute resolution mechanisms - mainly relying on traditional (informal) mechanisms INTERNATIONAL FOOD POLICY RESEARCH INSTITUTE Page 113
  • 114. Conclusions • Sporadic land registration is more expensive and less pro-poor (risk of elite capture) • A need for a context-specific land governance intervention as sources of risk of tenure insecurity and customary practices vary from place to place • In addition to lack of clarity in recognition of land rights, poor organizational structure of institutions, overlapping institutional mandates, and lack of public awareness of the formal and traditional rules (laws) are factor for poor land governance in Nigeria INTERNATIONAL FOOD POLICY RESEARCH INSTITUTE Page 114
  • 115. THANK YOU! INTERNATIONAL FOOD POLICY RESEARCH INSTITUTE Page 115

Editor's Notes

  1. FPDD - Fertilizer Procurement and Distribution Division (FPDD)
  2. Cooperative society accounts for only small % in commercial
  3. This is similar to LSMS survey -