(Togo First) - Togo still has much to do regarding property transfer, according to the Doing Business. This indicator, holds a significant place in the various reforms that the country started implementing since the beginning of the year to improve its land management. This include reducing delay and fees for land registration, creating a special office, among others. The measures were lauded by the AfDB in its latest outlook on African economies who said property transfer, alone, could drive private investment up by a two-figure digit, over the next two years. 

Agreeing with the projections, the Millennium Challenge Corporation (MCC) approved a $35 million threshold program to support the land sector in Togo.

A 10% annual growth, that is AfDB’s forecast for investment in Togo. However, the national directorate in charge of land affairs and cadaster aims higher. In this interview, the head of the institution, which is attached to the Togolese Revenue Office (OTR) provides an overview of the land sector, with its challenges and forecasts.

Togo First : In its 2016 African economic outlook report, the African Development Bank (AfDB) said Togo’s land tenure system is the slowest of Africa. What is being done to change this situation ?

Abby Toyi (AT) : Truth is, in 2016, it took 21 days to complete property transfer process. This said, we cannot be told it is the slowest! It might even be one of the best record given that in some countries it takes as long as 90 days. However, I agree that registration can take up to 283 days, but what the Doing Business looks at is property transfer, not registration. And in this regard, in January 2018, property transfer took 9 days average. This duration might increase throughout the other months of the year. It could take up to 15 days. Some time ago, it was indeed slow due because we were moving to a different location.

Togo First : Sure, but what measures were concretely implemented to help shorten this delay ?

AT : We had a staff issue but now DADC has enough staff members. We also did not have equipment to proceed to demarcation, but this also was fixed. As a result we started dematerializing processes, scanning about 97% of land titles. This made it easier to access information on a specific land. Throughout the process, government supported us and now we even have a single desk dedicated to property transfer, solely.

After dematerializing already existing titles, we plan to make new ones digitally, with electronic signatures. This will bring about a true revolution. It was in this framework that we were attached to OTR.

This year, we aim to reduce property transfer delay to 15 days and to become in Africa the best country in that regard, after Rwanda, by 2020.

Togo First : In the 2018 African economic outlook report, AfDB said accelerating property transfer process could boost private investment. What do you think of this statement ?

AT : It is true. I believe it will boost private investment and we are encouraging firms in that direction. For example, the current State budget, on the President’s initiative, was designed in such a way that the fee required to create a firm costs almost nothing. Moreover, he (the President) decided to set aside 20% of public procurements for young people and women.

Beside, lenders and investors trust properties, as guarantees, more when they have a deed. Yes, I truly believe this reform would boost private investment. In fact, I think private investment could grow by 20% annually, twice what AfDB forecast, with property transfer process accelerated. Given our current pace, in two or three years, we will become the reference.

Togo First : Many countries are organizing themselves to tackle agricultural land speculation and grabbing. Côte d’Ivoire for example guaranteed the exclusive right to own agricultural lands to its citizens. Does Togo plan any similar reform?

AT : Togo was actually the first State to protect its real estate assets and ownership rights of its citizens. And now, other countries are taking a leaf out of our book. After becoming an independent country on April 27, 1960, a law was passed on August 5, the same year, to protect Togolese land rights. The concept of prior approval for transfer falls under this bill. It refers to the need for a citizen wishing to sell his or her property to a foreigner to get State’s approval beforehand. This is to protect the seller from eventually ending up being stripped from his or her assets. It we hadn’t done so, Togo might have not been what it is today. Take for example the Volta Region; once it was part of Togo but part was taken by Ghana and the other by Benin.

So, before any land is purchased by a foreigner, the Prime Minister must give his approval. In the past, this was done by the President. This is to tell you that we already have a good system to protect citizens’ property rights.

 Togo First : To date, what are your relations with notaries now that newly introduced reforms are restricting their leeway ?

AT : We are have good relations with them. We met with them every time we faced a given challenge. We discuss this issue with them and try to find appropriate solutions. At first, it was not so but we were able to change that overtime. I would like on this note to thank those that helped us achieve this; especially the previous bureau of notaries for the lobbying it did. They are the one that helped us. In the past, most claimed DADC was not doing its job. But when they came, they noticed we lacked means. We had to go through a lot of workshops before gaining back the people’s trust, even if some still complain. We asked those to provide more details about their complaints.

We had sent a mail to the president of the order of the Chambre des Notaires to which we attached a list of cases notaries estimate are being delayed. It is true that we come across various issues but most of the time the fault is not ours. Take for example a case where someone, not its rightful owner, sells a given property. At our level, we still have the property registered in the name of the initial owner since he was not the one sell the property. The thing is, one cannot sell a property that is not his, even if that person is the son of the rightful owner, in the event this one dies. Succession should be first done in a proper manner. Under no circumstances should an individual sell what is not his. Yet, that is often the issue with our friends (ed. note: notaries). These are the kind of cases that are delayed and cause people to believe we do not do our work properly. In the past, it would cause much trouble but now we exchange on such matters and solve them out. Beside this, we are in good terms. If we, at DADC have an issue, we call notaries and they help us out. We also help them out when they are in need.

Togo First : Regarding rural areas, what are the challenges they face currently ?

AT : There are a lot of issues in rural areas. First, they are not demarcated or registered. It is a major issue. If those were done, each and every one would know its limits. However, even owners do not have a clear idea of their land’s acreage. In this case, any person around can take over part of your land. Land demarcation and registration prevent this. We were told of a story that occurred near Tsévié: one day, a man came to a farmer and offered to buy his lands; not knowing the boundaries of his property, the farmer would sell the man lands every time he would come. Finally, the buyer came to demarcate the whole village, since he had purchased it all. You see? Right there, that is ignorance. People do not seek information. Meanwhile, rural areas, especially those around main cities, are much coveted. Everyone wants some by anticipation, since our laws are quite liberal. Properties are sold or used recklessly. Unfortunately, this profits only the most cunning buyers, which often acquire properties cheaply to later sell them at a higher price. They buy a lot and often villagers are left with no choice. These are issues that almost all African communities have to deal with. These lands can be valorized; but they must be delineated to allow lenders and youths desiring to exploit them, to do so easily.

The second issue is the dichotomy of modern and customary laws. When conflicts arise, decisions are not always the same, and this brings about a major problem.

Third issue. Women in rural areas do not have access to lands even if they are the ones that work on these lands mostly. I believe this is a very serious concern… It is true that we have laws in place preserving women’s access to lands. Sadly, these laws are not known by many, I would assume, looking at the current situation.

Togo First : You talked about issues related to cadaster. What are you actually doing to overcome this challenge?

AT : It was in order to overcome this issue that we have been attached to OTR. We have designed a plan for this purpose since 2012. It includes various steps. First, we planned to establish a cadaster for Togo’s eight main cities, namely : Lomé, Aného, Kpalimé, Tsévié, Atakpamé, Sokodé, Kara, Dapaong and its surroundings. In 2012, we submitted this plan to our leaders. However, we did not get any funds to finance this project, since focus seems to be on other priorities. If we could get financing for the project, we would establish a cadaster for the whole territory.

Fortunately, we found our first partner which is the Millennium Challenge Corporation Threshold program (ed. Note: recently approved). Hence, we picked seven prefectures across each of Togo’s regions that will be covered by the cadaster project, before extending it to other parts of the country. Once this is done, MCC’s Compact (ed. Note : more important than the Threshold program) will cover expenses for the rest of the operation. That is what we hope.

Togo First : Over the next decade, what do you estimate will be the main challenges to achieving sustainable land management in Togo ?

AT : The first challenge will be to establish a full cadaster for the whole territory. Fortunately, we now have access to the latest technologies and if we would done it all. Indeed, we have already mapped the whole country, but what we lack are details about who owns which land and who does not. This would reduce land conflicts considerably. It would also solve issues related to delays and high costs. So that is it, our first challenge is having a complete cadaster.

Togo First : What about geographic information systems (GIS) ?

AT : A geographic system stores all types of geographical data in a given country ; it is not the same as a cadaster. A cadaster goes into details and obviously it is complementary with GIS. Without a cadaster, we will not be able to successfully develop agropoles, and subsequently boost our agricultural sector. This is why we had our whole system digitized and interconnected. For example, offices in Dapaong should not have to wait before getting data from this side. It must be immediate. They should be able to issue land titles in situ. That is what we have to overcome. 

Interview by Fiacre E. Kakpo