ADVOCACY AND LEGAL ADVISORY CENTRE (ALAC)
Land Right Campaign - The Ghana Land Bill
History and Background
The Land Bill in Ghana is the manifestation of reforms in the land sector that began
with the implementation of the 1999 National Land Policy (NLP). Such reforms aim
to address longstanding problems embedded in land sector activity and governance in Ghana, summarized in the NLP as follows:
- The policy seeks to address some of the fundamental problems associated with land management in the country. These include general indiscipline in the land market, characterised by land encroachments, multiple land sales, use of unapproved development schemes, haphazard development, indeterminate boundaries of customary-owned, resulting from lack of reliable maps and plans, compulsory acquisition by government of large tracts of land, which have not been utilised; a weak land administration system and conflicting land uses, such as, the activities of mining companies, which leave large tracts of land denuded as against farming, which is the mainstay of the rural economy,and the time-consuming land litigation, which have crowded out other cases in our courts.
- Since the adoption of the NLP, pressure on agricultural land in Ghana has markedly increased, particularly in areas of urban and township expansion, and large-scale commercial farm development. This has caused new stress on both customary and formal land governance systems, and has elevated tensions between different groups of land users in many parts of the country.
- The Land Bill provides a critical opportunity to the Government of Ghana to address both historic and current challenges and issues in the land sector, with far-reaching repercussions on the nation’s socio-economic development. The specific purpose of the Bill, according to the Lands Commission, is to “revise and consolidate the laws.
Objective of the Land Bill
The object of the Bill is to revise and consolidate the laws on land,with a view to harmonizing the laws to ensure sustainable land administration and management, effective land tenure and efficient survey and mapping regimes and to provide for related matters.
Overall Basis for the Bill
Provisions of the Constitution, Statutory Provisions on Land and Land Administration. Established Judicial Precedents. Established Common Law and Customary Law Provisions, Sustainable Development Goals (SDGs), International best practices
STRUCTURE OF THE LAND BILL
PART ONE – Interests and Rights in Land
PART TWO - Land Administration and Land Management
- Customary Land Management
- Public-survey of Land, valuation
- Transfer of Interests in Land
- Land Registration –Title and Deeds
- Acquisition of Land by the State
PART THREE – Offences and Miscellaneous Provisions
CURRENT STATUS OF THE LAND BILL
- Laid in Parliament for consideration and passage
- Parliamentary Select Committee on Lands and Forestry has reviewed the Bill with key stakeholders
- Report of the Committee to be laid before Parliament for detailed consideration by the full House