|The French Board of Notaries, a Fondation Chirac partner for secure land tenure, is accompanying Madagascar in the follow-through of its land tenure reform implemented in 2005. From Monday, March 21 to Friday, March 25, 2011, at the request of the Madagascar National Land Tenure Program, the French Notary Board delegation pursued a legal assessment of the reform.|
Maître Dominique Savouré and Maître Didier Nourissat first visited a land tenure counter, near Antananarivo. Created at the request of the mayor of the village, the booth has already issued 70 land certificates in a few short months, proving the efficiency of the new system. The success of the Malagasy reform is indeed largely due to the creation of these counters, which have led to decentralizing the issuance of land certificates.
While previously, the administration issued only a thousand titles a year throughout the entire territory, certain land tenure counters have awarded over 2,000 in 2008 alone; for an average cost of under 20 €.
Before the reform, there were 26 obligatory steps to obtain a land title. The process took several years and cost between €300 and €600 (average income ranges from 30 to 50 € per month).
|To find out more about land tenure counters:|
As part of the restructuring of the notarial, the trip was undertaken to also help organize notarial training. Three training sessions provided by a law teacher and a notary from the Reunion Islands were set for April, June, and September 2011. The sessions will address the following themes: family law, real estate law and ethics, business law, and commentary of notarial law.
On Friday, March 25, Maître Nourissat and Maître Savouré met with Hajo Andrianainarivelo, Minister of Territorial Planning and Decentralization in charge of land issues. They presented him the preliminary results of their evaluation. During their meeting, the Minister reiterated his confidence in their expertise.
Finally, at the School of Magistrates and Court Officers, Maître Nourissat and Maître Savouré met 23 interns who have just passed the entrance examination for the Madagascar notary. After a two year internship, they will pass an examination of aptitude to assume notary public functions and can then choose one of the 90 notary offices currently vacant (76 were created in 2010). In 2011, Madagascar will have 16 notaries, twice that in 2013, and gradually, the numbers will increase to a hundred over the next six years.
|Madagascar’s land reform|
In February 2005, the Malagasy government initiated extensive land reform under a new guiding principle: land rights can be certified by local authorities and not solely by the State land tenure services.
The new plan focuses on four areas:
Since June 2005, farmers can obtain a land certificate from the “land counter” in the nearest town. The front of the document displays an aerial photo of the plot of land for identification purposes (see photo above). On the back, the identity of the land owner as well as attestations by the village chief and other witnesses can be found