Cadastral and Land Administration Activities in Eritrea
1. Introduction
The Department of Cadastral Office and the Department of Land are two separate
departments in the Ministry of Land, Water and Environment (MLWE). The MLWE
comprising of the Departments of Land, Water and Environment was established in
March 1997 during the second restructuring phase of the civil service. The Cadastral
Office, which was under the Ministry of Justice, was reconstituted under the MLWE
during August 1999, initially as a Division in the Department of Land and later during the
third quarter of 2003 upgraded to the level of a Department.
The Cadastral Office (CO), that is, the office for the registration of land and other
immovable property erected over land was first established in Eritrea at the end of the
19th century, during the Italian colonial period with the main purpose of guaranteeing
security of property ownership for Italian settlers. The Office existed for more than a
century, but without any qualitative change in its procedures.
The Macro- Policy of the State of Eritrea (1994) outlined the land policy with the
objectives of encouraging long-term investments in agriculture and sustainable use of
land resources, and assuring women’s right to land on equal basis with men.
Subsequently, Land Law (No. 58/1994) was issued with the objective of reforming the
land tenure system, determining the manner of expropriating land for development
purposes, and the declaration of powers and duties of the Land Commission. The
enhancement of economic development, social justice and equity, securing tenure and
political stability are the most pronounced objectives of the land policy.
The main motives for the issuance of the Land Law were:
 Former systems of land tenure and laws were too obsolete and incompatible with
the development strategies of the government;
 Land disputes were increasingly resurging;
 Land degradation: diminished land productivity, depletion of forests and
vegetation was becoming paramount.
Hence, in order to meet contemporary demands and pave the ways for the progress of the
country’s socio-economic situation, the Eritrean land tenure system had to undergo
reforms that:
 Assure agricultural and industrial development;
 Promote initiative and motivation among beneficiaries and producers;
 Encourage private investment and initiative;
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Cadastral and Land Administration Activities in Eritrea
Habtemicael WELDEGIORGIS, Eritrea
FIG Commission 7 Annual Meeting & International Open Symposium
Karlovy Vary, Czech Republic, 6-10 September 2010
1
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Avoid land contradiction, friction and dispute;
Ascertain access rights of all citizens to improve their living standards;
Make it standard and applicable throughout the nation.
The main features of the land law (NO.58/1994) include the following:
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All land is owned by the state;
Eritrean citizens (>18 years) have equal right to tiesha land (residence plot in
village);
Farm land is allotted on usufruct basis for those who earn their living by farming;
Usufruct rights are given for life-time of the individual. Offspring are given
priority in the reallocation after the death of the usufruct holder;
Leaseholds are provided for housing, commercial and other social services;
Women have equal rights to land as men.
However, effective implementation of the Land Law necessitated the introduction of an
efficient, simple and modern system for the registration of land and other immovable
property, and thus the Registration Law (No. 95/1997) was issued declaring the
registration mandatory. The main mandate of the Cadastral Office (NO.95/1997) can be
summarized as follows:
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Register all land, rights over land, duties that emanate from such rights, and
the transfer of immovable property through sale, donation, inheritance or other
manner;
As necessary register all tiesha land, agricultural usufruct, leasehold, land
utilized and unutilized by the state;
Give information on transfer of immovable property for any encumbrances;
Charge appropriate fees for the services it provides to clients;
Register right holders of land together with property erected over it;
Designate Eritrea as one registration district or, as may be necessary, establish
registration districts to open and consolidate registries, issue directives
pertaining to the administration and monitoring of the registration districts.
2. Cadastral and Land Administration Activities in Eritrea
Cadastral and land administration activities in Eritrea are carried out by two
different departments in the MLWE, respectively by the departments of the Cadastral
Office and the Land Department. The CO is mandated with the registration of land and
other immovable property erected over land, issuance of certificate of right/ownership,
etc. On the other hand the Department of Land is mandated mainly with land use
planning, allocation of land parcels, and monitoring whether allocated land is utilized for
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Cadastral and Land Administration Activities in Eritrea
Habtemicael WELDEGIORGIS, Eritrea
FIG Commission 7 Annual Meeting & International Open Symposium
Karlovy Vary, Czech Republic, 6-10 September 2010
2
the designated purpose.
Both departments have prepared their Five- Year Strategic Plan (2011-2015), during
July- August 2010 in collaboration with the Eritrean Centre of Organizational Excellence
(ERCOE). The process involved undertaking SWOT analysis and identifying major
gaps, clarified key tasks (KTs) and key result areas (KRAs), and set goals, objectives and
main activities with the purpose of accomplishing their core missions. The main missions
are respectively, ‘to protect and guarantee security of immovable property ownership and
use rights over land’, and ‘to ensure the implementation of sustainable land management
and guarantee optimum use and fair distribution of land’. To properly implement their
distinctive missions, each department is carrying out activities particular to its mandate.
2.1 Cadastral Activities
Cadastre is an up-to-date land information system based on a division of land into
parcels, having records and maps. The CO registers land rights and ownership of
immovable property erected over land, transactions of property (through sale, donation,
inheritance and exchange); provides information of rights (ownership, usufruct, and
lease), mortgages, pledges, etc. Although a cadastre system should cover a definite
geographical area or whole country to provide the necessary benefits, historically the
Eritrean CO had neither of the two requirements and the registration system largely
remained of sporadic nature.
Currently, the CO has two divisions – Registration Division and Cadastral MIS Division,
two Regional Units (under the Regional Branch Offices of the MLWE), and units of
Monitoring and Evaluation and Human Resources Development (HRD). By 2011, it has
plans to implement mandatory registration system and hence to open regional registration
offices at the three seats of regional administration and major towns (in total nine
offices). To this effect it has submitted its human and material requirements for approval
by higher authorities.
As noted above the CO registers land and property erected over it. The requirements for
registration of land provided for commercial agriculture on lease basis are certificate of
lease and certified surveyed plan. On the other hand, a building is qualified for
registration if it satisfies the following requirements:
 Certificate of land lease contract
 Building permit
 Approved building plan
 Building/habitation license certifying that the construction of the building is done
according to approved plan.
Similarly, transfer of immovable property needs primarily clearance from debt or pledge,
availability of basic registration documents, and legal processing by the Notary Public.
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Cadastral and Land Administration Activities in Eritrea
Habtemicael WELDEGIORGIS, Eritrea
FIG Commission 7 Annual Meeting & International Open Symposium
Karlovy Vary, Czech Republic, 6-10 September 2010
3
However, there are no public notary offices other than the one in the national capital city
(Asmara).
The key tasks (KTs) and key result areas (KRAs) of the CO are the following:
Key tasks
Key result areas
Issue certificate of right/ownership
Right/ownership assured
Customer satisfaction
Provide information on registered immovable Property status informed
property
Secure property ownership transfer
Loan through mortgaging property
Customer satisfaction
Provide authenticated documents of registered Right/ownership assured
immovable property
Customer satisfaction
Provide capacity development
Verify documents
immovable property
upon
Institution strengthened
registration
Improve work system
of Legality and correctness of documents
verified
Propose improvement of procedures
Better performance and harmony
Effectiveness and efficiency
As indicated above, a cadastre system should cover the whole country or a definite
geographical area in order to provide the necessary information and benefits. But, our
cadastral system unlike many others lacks this. Besides, there are other constraints that
need serious considerations:
 Inadequate institutional capacities to discharge its duties and responsibilities fully;
 Low technical and professional competence to run and develop the system; and
 Absence of Notary Public or ‘ real estate agents’ in the remaining five regions for
authentication of agreement and facilitating fast transactions of property.
2.2 Land Administration Activities
Land administration, which is defined as the process of determining, recording and
disseminating information about ownership/right, value, and the use of land and its
associated resources, includes functions concerning regulating the development and use
of land, gathering income and resolving land disputes. On the other hand, land
management involves the implementation of basic policy decisions about the nature and
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Cadastral and Land Administration Activities in Eritrea
Habtemicael WELDEGIORGIS, Eritrea
FIG Commission 7 Annual Meeting & International Open Symposium
Karlovy Vary, Czech Republic, 6-10 September 2010
4
extent of investments in land (UN-ECE, 1996, p.47). It covers activities related with the
management of land as a resource from environmental and economic perspectives.
The Department of land is mandated with the duty to study on land capability and land
use planning. So far, land capability studies of two Zobas/ regions (Zoba Maekel and
Zoba Debub) are complete. It uses different cadastral surveying instruments such as GPS,
total Station, etc. Due to inadequate institutional capacities, generally land use planning is
carried out on demand basis.
The key tasks and key result areas of the LD follows:
Key tasks
Key result areas
Develop and review land related directives,
Proper implementation of land law
standards, guidelines, manuals, etc.
Conduct Land Use Planning at all levels
Sustainable use of land
promote socio-economic development
Conduct land use studies, delineation and Land use maps and documents
map preparation based on demand for
different purposes
Develop integrated reliable information Data base of land and users
system
Better informed decisions
Better access to information
Increased
efficiency
for
land
related
activities
Conduct
research,
monitoring
and Increased knowledge for better decisions
evaluation of land related activities (land Ensure proper implementation of land law
use, allocation and right holders etc) versus
land law.
Provide institutional capacity building
Competent human resource
Efficient work system
Improve work system
Better performance and harmony
Effectiveness and efficiency
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Cadastral and Land Administration Activities in Eritrea
Habtemicael WELDEGIORGIS, Eritrea
FIG Commission 7 Annual Meeting & International Open Symposium
Karlovy Vary, Czech Republic, 6-10 September 2010
5
The main constraints of the Department of Land include:
 Weak enforcement of existing laws;
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Inadequate representation in all Zobas;
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Overlap of laws;
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Inadequate professional skills;
3. Global Land Administration Perspective
Land governance, which includes decisions on access to land, land rights, land use and
land development, is about policies, processes and institutions through which land,
property and natural resources are managed in sustainable way (FIG Publication NO. 45,
p. 10). It is fundamentally about determining and implementing sustainable land policies
that ensures continuity
Both land administration and management systems deal with the social, legal, economic
and technical framework in which land managers and administrators should operate (UNECE, 1996). This global approach to land administration systems (as shown in Figure 1
below) include an extensive range of systems and processes to administer: land tenure,
land value and land use (Enemark, 1996, p. 5). Many developing countries, like Eritrea
lack coherent land administration and cadastral systems.
Land administration systems and their core cadastral components are essential
infrastructure that facilitates the implementation of land policies both in developed and
developing countries. Such systems are concerned with the administration of land as a
resource in order to ensure sustainable development. In such systems the cadastral parcels
through land administration and management systems give the basic infrastructure for
running the interrelated systems within the areas of land tenure, land value and land use
(Enemark, 2003, p.6).
But, many countries tend to separate land tenure rights from land use opportunities,
undermining their capacity to link planning and land use controls with land values and
the operation of land market leading to ‘the failure to treat land and its resources as a
coherent whole’ ( FIG Publication NO. 45, p.10). To appropriately respond to the new
global challenges-climate change, food shortage, environmental degradation and natural
disasters integrating land administration systems with their cadastral components looks
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Cadastral and Land Administration Activities in Eritrea
Habtemicael WELDEGIORGIS, Eritrea
FIG Commission 7 Annual Meeting & International Open Symposium
Karlovy Vary, Czech Republic, 6-10 September 2010
imperative. However, in many poor developing countries, such perspective will require a
long time to develop.
Modern land administration system is concerned with detailed information of land parcel.
From its application benefits of guaranteeing of property ownership and security of
tenure and credit; facilitation of efficient land transfers and land markets where land is
privately owned; support of asset management; giving basic information on physical
planning processes, land development and environmental control (Ibid, p. 6) are secured.
Land administration cannot be accomplished without cadastral and land registration,
valuation and taxation and planning control systems; and processes of core tasks. This
demands capacity buildings efforts at societal, organizational and individual levels.
Land use
Land tenure
Economic-Social-Environmental
SUSTAINABLE DVELOPMENT
Cadastre
Land value
Cadastre
Land use
Land tenure
Land value
Effective land use management
Efficient land market
LAND TENURE
LAND VALUE
LAND USE
LAND
DEVELOPMENT
Titles
Mortgages
Easements
Secure legal
rights
Assessment of
Land value
Policies and
Spatial planning
Construction
Planning
permits
Collection of
property tax
Control of
Land use
Regulation and
implementation
Cadastre
Identification of land parcels
Register and maps
Fig. 1: A Global Land Administration Perspective (Enemark, 2001)
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Cadastral and Land Administration Activities in Eritrea
Habtemicael WELDEGIORGIS, Eritrea
FIG Commission 7 Annual Meeting & International Open Symposium
Karlovy Vary, Czech Republic, 6-10 September 2010
7
4. Concluding Remarks
Eritrea is still a young developing country with many resource constraints: professional
human resource and material. The cadastral system should sooner than later need to
develop so that it would play vital role in land administration and management systems.
This is not a choice to be made but a must to be done by a country to properly manage
land and its resources and fit within the global economy competitively. Capacity
building efforts are imperative in order to meet the medium and long-term needs. Hence,
this conceptual understanding needs to develop to serve as a basis for analytical
framework and methodological guidelines.
5. References
Cadastral Office (2010) Five-Year Strategic Plan (2011-2015), Cadastral Office, Asmara,
Eritrea
Enemark, S. (2003) Capacity Building for developing sustainable Land Administration
Infrastructures, Paper presented at WPLA/FIG Workshop Athens, 28 -31 May 2003
Economic Commission for Europe (ECE) (1996) Land Administration Guidelines,
United Nations, New York and Geneva
Government of Eritrea (GoE) (1994) Macro Policy, Asmara, Eritrea
GoE (1994) Proclamation NO. 58/94: A Proclamation to reform the system of Land
Tenure in Eritrea, Asmara, Eritrea
GoE (1997) Proclamation NO. 95/1997: A Proclamation to Provide for the Registration
of Land and Other Immovable Property, Asmara, Eritrea
The World Bank and the International Federation of Surveyors (2010) Land Governance
in Support of the Millennium Development Goals, Copenhagen, Denmark, ISBN 978-8790907-72-3
Larsson, G. (1996) Land Registration and Cadastral Systems, Longman Malaysia, CLP
Economic Commission for Europe (1996)
Ministry of Land, Water and Environment (MLWE) (2010) Five-Year Strategic Plan of
the MLWE (2011-2015), MLWE, Asmara, Eritrea
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Cadastral and Land Administration Activities in Eritrea
Habtemicael WELDEGIORGIS, Eritrea
FIG Commission 7 Annual Meeting & International Open Symposium
Karlovy Vary, Czech Republic, 6-10 September 2010
8
CONTACTS:
Habtemicael Weldegiorgis
Director General
Cadastral Office
Ministry of Land, Water & Env’t
P. O. BOX – 976
Asmara, Eritrea
Email: habtemicael_weldegiorgis@yahoo.com
Tel. +291 1 124253 (Off)/ 202414 (Home)
Fax: +291 1 116381 (Off)
Mobile: + 291 1 07 238497
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Cadastral and Land Administration Activities in Eritrea
Habtemicael WELDEGIORGIS, Eritrea
FIG Commission 7 Annual Meeting & International Open Symposium
Karlovy Vary, Czech Republic, 6-10 September 2010
9