Development master plans implementation and the right to private ownership of land in Rwanda.

Abstract

Despite the positive impact of master plan development of cities on lives of inhabitants, the planning and development of master plans attracted also a number of challenges in land administration and information systems but more especially on the encroachment of right to private ownership of land. Master plans have been sought as a mechanism of efficiently use the national land for the current population and considering the future generations This study focused on the land reserved for human habitation and it analysed key issues that arise in planning and enforcement processes of master plans in City of Kigali and secondary cities. The study also recognize that the development master plans came in the country which is already inhabited and recently most of the land parcels have been surveyed and allocated to their respective owners hence forth and land titles issued for the sake of more land rights protection and long term related investment promotion. In the light of the above, master plans sometimes interfere with the existing structures and therefore requires for total demolition or refurbishment in line with the master plans provisions. In addition to this, restricted measures have been put in place by the Government of Rwanda to enhance urban settlement and so requires new development of housing to happen on a small scale compared to the land size one have been holding on his land title. Seeking and getting service on the land has been a challenge and this pushed population to enter into unconventional methods of developing their own neighborhoods by using their own detailed physical plans which by virtue of the law was supposed to be a government stake. As a new development, it came with challenges which this study tried to highlight gaps in policy making and recommendations provided thereafter. This study is dived into two chapters. Chapter One if focusing on land rights and implementation of master plan which illustrates how master plans are planned and enforced. It discusses the roles and responsibilities of both the Government and land owners. It also tackles on some sectoral laws that contradicts with master plans legislations with live examples and court’s positions reported cases. The second chapter assesses the mechanisms under which implementation of master plans should balance with the rights of individuals. Partnerships and learning from different similar policies are the main content of this chapter followed by research finding and concrete recommendations.