Professional Documents
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ECOWAS PEACE
AND SECURITY
REPORT SERIES
The ECOWAS Peace and Security Report
series seeks to provide the decision
makers of the Economic Community
ofWest African States (ECOWAS) with
analysis on critical and topical human
security situations in West Africa. It results
from a partnership between the ISS and
the ECOWAS Commission (Regional
Security Division). The objective is to
produce independent, field-based policy
research in a timely manner to inform
ECOWAS decision-making processes or
alert its governing structures on emerging
issues. The ECOWAS Peace and Security
Report series consists of analyses of
country situations and other thematic
issues with recommendations. It is
circulated, free of charge, both
electronically and in hard copy, to a
diverse audience in West Africa and
beyond. The ECOWAS Peace and Security
Report is produced by the Conflict
Prevention and Risk Analysis Division
(CPRA) in ISS Dakar with the support of
CPRA staff in ISS Addis Ababa, ISS Nairobi
and ISS Pretoria.
Fraudulent sales
Rules governing land transactions are numerous and often
shrouded in secrecy, and it is not always clear who has the
authority to transfer rights.
Institutions that document, keep and make accessible
information on land interests are similarly tentative.
TheCompulsory Land Title Registration Law (1986) was
supposed to enable the registration of land titles in the
country. Unfortunately, land titles can still only be
registered in a few places because title registration is
legally restricted tothose areas. The more archaic deeds
registry system is similarly circumscribed. An official of
theMinistry of Lands and Natural Resources said in an
interview that only around eight per cent of land in Ghana
was registered. The problem isworsened by fraud at the
Lands Commission and the Land Title Registry, which
means there can be more than one title deed or title to
aplot of land and that entries in the deed and title
registries cannot always be trusted.
New developments in an old town: Sekondi, twin to Ghanas new oil city, Takoradi.
Land grabbing
Even further endangering the right of many Ghanaians to land is
the pervasive process of land grabbing, which is taking place in
Incubating criminality
The land sector has become a breeding ground for wider
criminality. Youths often start out as land guards armed with
crude weapons, after which they acquire the skills and weapons
with which to undertake even more dangerous activities like
armed robbery.
Weak capacity
The weak capacity of the Ghanaian state has also contributed
tothe insecurity of land rights. To provide space for vital state
institutions and ensure a sound environment for critical
Conclusion
In its recent report, Securing Africas Land for Shared Prosperity,
theWorld Bank reiterated its belief in the importance of land
rights to the economic development of African countries.
Ghanais no exception to this rule. Despite the countrys political
stability and positive reputation, land is still a major issue of
concern. Insecure and unequal access to land prevents the
country from reaching its full economic potential, threatens
peoples livelihoods and their right to decent housing, and is the
source of significant inter-personal and inter-communal violence.
As demonstrated above, Ghana is not unique in the sub-region
interms of land issues many of these problems also plague
other ECOWAS countries. The recommendations below are
suggested with the goal of resolving or better managing many
ofthe land problems highlighted earlier in the report. Land
sectors characterised by more equal access and greater security
and transparency will improve the security and economy of
many ECOWAS states.
Main recommendations
1. ECOWAS should take leadership in formulating a policy
onthe alienation of large land parcels to foreign
corporations. This should be a key element in ECOWAS
conflict prevention efforts since these land grabs are likely
to lead to conflict between corporations and former land
users, as well as between people displaced by land grabs
and those among whom they seek to resettle.
2. In line with its mandate to deal with cases of human rights
abuses in member countries, the ECOWAS Court of Justice
should take a leading role in acting as recourse for people
who feel like their property rights are being jeopardised by
states and government officials on account of their political
views and activities. The Court should do the same for
communities, especially minorities whose livelihoods and
cultures are threatened by land grabs and land policies.
Important dates
Notes
1926
William Ormsby-Gore, Under-Secretary of State for the Colonies, claims that land
litigation is the curse of the country (Gold Coast).
1927
Governor Gordon Guggisbergs call for specialised land tribunals and title
registration is rejected by his successor Sir Ransford Slater.
1962
The State Land Act and The Administration of Lands Act is passed, calling, among
other things, for the creation of specialised land tribunals. None of these is
actually created. The Land Registry Act (1962) provides for the registration of
deeds for land transactions, but the paucity of institutions to do the actual
registration means that many across the country have no documentary evidence
of their rights.
1973
The Conveyancing Decree (1973) provides for the registration of deeds, but
suffers from the same problems of institutional incapacity as the Land Registry
Act.
1986
The Compulsory Land Title Registration Law mandates the registration of title
deeds for all lands, which is an improvement on the old deeds registration
system. The operation of the Land Title Registry is still only limited to Accra and
the second city of Kumasi.
1999
The Ghana Land Policy is released, detailing many of the problems plaguing land
rights in the country.
2003
The 15-year Land Administration Project is launched with the goal of promoting
title registration, introducing land tribunals and generally improving land
administration. It does not compel chiefs to document their allocations. It is built
on the insightful 1999 Ghana Land Policy.
Donors
This report is published through the support of the Ghana Office of the Hanns
Seidel Foundation and the International Development Research Center.
In addition, the Institute for Security Studies (ISS) is grateful for the support of
the following core partners: the governments of Norway, Sweden, Australia
and Denmark.
The ISS is a leading African policy research and training organisation.
Thevision of the ISS is a peaceful and prosperous Africa for all its people.
Themission and overall goal of the ISS is to advance human security in Africa
through evidence-based policy advice, technical support and capacity
building.
Contributors
Nancy Annan
Researcher, Conflict Peace and Security
Programme (Gender and Conflict)
Kofi Annan International Peacekeeping
Training Centre, Accra, Ghana
Emmanuela Kabran
Junior Fellow
Conflict Prevention and Risk Analysis
Division Institute for Security Studies, Dakar
Ato Onoma
Head
African Centre for Peace and Security
Training Institute for Security Studies
Contact
2013, Institute for Security Studies
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