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Vanuatu Review of National Land Legislation, Policy and ... - AusAID

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Deconcentration; <strong>and</strong>,Divestment.The effects <strong>of</strong> decentralisation depend very much on what kind <strong>of</strong> decentralisation ischosen. In the case <strong>of</strong> the DOLSR it may be more relevant to look atdeconcentration which involves limited delegation <strong>of</strong> authorities <strong>and</strong> responsibilitiesthat are for specific decision-making about financial <strong>and</strong> management functions.Deconcentration is suitable for sub-ordinate lower-level agencies or sub-agencies.These might include provincial or district <strong>of</strong>fices <strong>of</strong> central government agencies orservice delivery institutions. These agencies have authority delegated throughcentral policy. Financial <strong>and</strong> administrative actions occur without significantindependent local involvement.If we look at the DOLSR, it is noted that:(i)(ii)(iii)(iv)(v)(vi)there are a large number <strong>of</strong> vacant positions;the capacity <strong>of</strong> the current staff to support the l<strong>and</strong> administration isgenerally low;there is a lack <strong>of</strong> clear procedures in many areas;the organisation structure is weak;linkages <strong>and</strong> responsibilities between agencies are weak or non-existent;<strong>and</strong>technological development throughout the organisation is generally low.Each <strong>of</strong> these issues creates an impediment to decentralisation <strong>and</strong> the aggregation<strong>of</strong> all the issues makes decentralisation a difficult <strong>and</strong> very risky proposition at thispoint in time.A decentralisation policy is worth implementing but it is important that the centralagencies are operating effectively before decentralisation is commenced. Anydeficiencies at central level will be magnified at provincial level <strong>and</strong> could well resultin poor l<strong>and</strong> administration services being provided in preference to an improvedservice which is what is desired. It is strongly recommended that management,institutional <strong>and</strong> operational issues be addressed at central level before any seriousdecentralisation policies are implemented.6.2.3. Overlap <strong>and</strong> Duplication <strong>of</strong> ResponsibilitiesA number <strong>of</strong> units within different agencies would appear to have adopted verysimilar responsibilities <strong>and</strong> undertake similar activities. For example provincialgovernment would appear to be undertaking similar roles in some areas to theMinistry <strong>of</strong> <strong>L<strong>and</strong></strong>s <strong>and</strong> Natural Resources in areas such as dispute settlement,control <strong>of</strong> l<strong>and</strong> activities through public awareness <strong>and</strong> to promote transparency inrelation to l<strong>and</strong> leases. However it is noticeable that there is a general lack <strong>of</strong>mention <strong>of</strong> enforcement. As a result <strong>of</strong> an overlap <strong>of</strong> responsibilities it would appearthat provincial governments are failing to address the l<strong>and</strong> management issues that34

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