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E-LAND LEADING GRADUALLY OPEN DATA TO TRANSPARENCY IN
MADAGASCAR
NANCY RAMBAO ANDRIANARISOA sp1. ANDRIAMISANDRATSOA
MINISTRY OF STATE IN CHARGE OF PRESIDENCY, TERRITORY PLANNING AND
EQUIPMENTS MADAGASCAR
sissiandria@gmail.com
Paper prepared for presentation at the
“2015 WORLD BANK CONFERENCE ON LAND AND POVERTY”
The World Bank - Washington DC, March 23-27, 2015
Copyright 2015 by author(s). All rights reserved. Readers may make verbatim copies of this
document for non-commercial purposes by any means, provided that this copyright notice
appears on all such copies.
Abstract
Currently with the rapid evolution of technology, the whole world especially the developed countries
benefit from his contributions and benefits to improve public services and to better serve closer and more
effective citizens. The governance system is oriented towards the integration of high technology that is
becoming more and more essential even for countries developing as Madagascar. Over the last decade,
significant progress has been made on a broad range of initiatives to increase access to the integration of
ICT in Madagascar. The National Agency for the Implementation of E-governance or ANRE is there since
2007 to insure the implementation of the National Program for E-Governance (PNEG). We can conceive,
it can lead us to the establishment of “e-land system”. The main objective of e-land is to improving the
quality, availability and accessibility of land record to public. This system e-land may conduct us gradually
to open data. Nevertheless, it is conditioned by the computerization of land records that must be available
to the public. Open data is indispensable by ensuring transparency and accountability, enhancing public
trust and participation and improving the effectiveness of governance process.
Key Words: E-governance, e-land, governance, open data, transparency.
INTRODUCTION
75% of the Malagasy are farmers and most do not yet have their own land; also, currently, 80% of disputes
in the Courts relate to land disputes. Now the land is undoubtedly the first essential capital to all production
and development at all. Primarily responsible for the Malagasy State have always cared for the land,
specifically land security which is considered as a source of economic development and social harmony.
In order to hold government accountable for its actions, citizens must know what those actions are. To that
end, they must insist that government act openly and transparently to the greatest extent possible. In the
twenty-first century, this entails making its data available online and easy to access. If government data is
made available online in useful and flexible formats, citizens will be able to utilize modern Internet tools
to shed light on government activities. Today, however, the state of government’s online offerings is very
sad indeed. Some nominally publicly available information is not online at all, and the data that is online is
often not in useful formats. Government should be encouraged to release public information online in a
structured, open, and searchable manner. The reach of the Internet is interesting to study, especially as more
and more people have access at home, at work and in public places.
Historically, the land was owned by collective social group. This is the law of 9 March 1896 on indigenous
property, enacted by the Queen RANAVALONA III, Land services were introduced. During colonization,
land management to Madagascar was inspired by the Torrens Act model called Australian law which
enshrines the absolute strength of the land title mentions evidence of the existence and recognition of
property rights. Land law has been gradually evolving to achieve the current land tenure. Since
independence, Ordinance No. 60-146 of 3 October 1960 on the tenure of the registration was adopted to
govern the land that had always been an important value for Malagasy. Subsequently relaxation missions
of Land Services was found that weakened securing land in Madagascar. A land crisis in all activities of
the Land Department was manifested.
The Land Conservation is a full service which is responsible for the management of private property titled
in Madagascar. It differs from the Domanial Service which manages State Land. But handling a large
document to each operation engendered problems such as deterioration of documents by their
manipulations, the slowness of the procedure and the inability to remotely access the land register. There
is generally the poor and inadequate infrastructure to ensure the preservation of documents and a lack of
space, to classify all land records, chronic document damage (illegible text, missing pages, etc.), the lack
of ventilation. Some data remain unavailable in archives. Therefore, the provision of public services can no
longer afford the growing demands of the population. As land records are not updated, written in land
register books do not generally reflect the reality on the ground. Similarly, there is the lack of land bank
because the inventory of land is not yet finished throughout Madagascar, which implies the implementation
of ineffective Land Information System. Thus, the poor and the marginalized can not defend their rights.
This is due to ignorance of the various bodies and security procedures, either on public land or request
services mutation, because the vulgarization of laws and procedures on access and land management is not
yet effective. In addition, users do not regularize their land situation, because of the high cost of law
recording transfers as well, they just content on pieces of paper. Corruptions prevailing among the various
actors in the land with a lack of transparency in the various instances. Also, as the level of knowledge of
most users is very low, they find that procedures are too complicated and they are struggling to keep track
of their records. These situations lead to unreliable land information, land disputes and the rights to land
and natural resources of farmers and marginalized people are not recognized or protected since they have
no way to fight against the injustices that incumbent. They are real obstacles to the transparency.
Assumed the enormousness of the effect, the government decided to adopt a new land policy since 2005 to
"meet the massive demand for land security, in a short time and costs adjusted to the economic context, the
formalization of rights unwritten land and in the maintenance and regulation of land rights writings". The
reform is based on four strategic areas that are respectively: the restructuring, computerizing and
modernization of land services, renovation of the land regulations, decentralization of land management
and training for careers in land. Therefore, land management has expanded to decentralization;
restructuring, modernization and computerization of land services have gained momentum, legislative
frameworks have been renovated to be adapted to the current reality, and finally, a series of training were
held with various actors in the land. But despite the palpable results now, land problems, and the installation
of new regulatory frameworks even went to classes of people enjoying the new statutes of the land.
The problematic of this study is based on this next question : “How can citizen get easily information about
land record?”
E-governance is the use by the public sector Information and Communication Technology (ICT) in order
to improve the provision of information and services, encouraging citizen participation in the process
decision and make government more accountable, transparent and effective. The ICT has been a gradual
evolution in response to the era of globalization. In this sense, it must be deployed in synergy with other
development programs such as electrification, roads and communication networks as well as education for
all.
The e-governance implies the integration of ICT in national governance program. The word "governance"
can be defined as the method and process to lead and manage public affairs in all political, administrative,
social and economic fields. Currently with the rapid evolution of technology, the world especially the
developed countries take advantage of its contributions and its benefits to improve public services and to
better serve so closer and more effective citizens.
E-Land is a new vision, based on the use of technology and the Internet. What really are these two words
"e" and "land"? "E" stands for the English word electronic. "LAND" is everything relating to land, soils.
The terminology "e-land" means then Online Land Service. Providing online services makes e- land project
in the categories of "e-services". The e-service means public service on the Internet. This differs from the e-
government that mainly affects the internal service modernization. In other words, e-administration on
strengthening in terms of efficiency and quality of services, by improving claims processing systems,
the use of ICT. Many land records and books are no longer usable, faced with all these problems and
obstacles, E-land can bring lasting solutions. Certainly, the establishment of online information system is
expensive at first. It requires a huge funding for the price of hardware, networking, connection, etc. But
once the system is in place, it can reduce one hand spending on office supplies such as paper. Also, online
accessibility contributes to the alleviation of heavy procedure, the back-and-forth innumerable,
expectations without results in the case of deteriorating books, the absence of the official in charge of
signing and so one. However, this can allow users to carry out productive activities and reduce travel
expenses which remain an obstacle for users in the regularization of their rights. Finally, in terms of revenue,
the speed and the increase in quantity of the services provided by the automatic processing of files is
possible to ensure an increase in entries earnings. Land security is fragile, and users feel powerless before
the extent of it, the cases of false duplicates, existence of several titles on the same field, for example are
recurrent cases. In this regard, the establishment of e-land can offer trust by the availability of land at any
time information. E-Land can be defined as an electronic land information system that will facilitate
users' access to the service and provide a remedy against the impasse of physical deterioration archives.
This system e-land may conduct to open data. Restoration and computerization must be achieved before
this process.
Open data is the idea that certain data should be freely available to everyone to use and republish as they
wish, without restrictions from copyright other mechanisms of control. It may give general procedures and
documents required for all transactions with the Land Services in the first time for transparency and
avoid land conflict. Open data sit at the heart of this global movement, it is indispensable by ensuring
transparency and accountability, enhancing public trust and participation and improving the
effectiveness of governance process. In land tenure, it may improve internal competence, performance,
consistency, and transparency of the land administration by the computerization of all administrative
services. The reasons behind open government data can be considered as twofold. First, it increases
government transparency and accountability. Second, open data should enable third parties to leverage the
potential of government data through the development of applications and services that address public and
private demands. Several governments have created web sites to distribute a portion of the data they collect.
Today, people expect to be able to access information and services electronically when and how they want.
Open data can increase transparency about what government and business are doing. Open data also
increase awareness about how countries’ natural resources are used, how extractives revenues are spent,
and how land is transacted and managed. All of which promote accountability and good governance,
enhances public debate, and helps to combat corruption. Transparent data are also essential for
accountability. Why should data be open? The answer, depends somewhat on the type of data. However,
there are common reasons such as transparency, releasing social and commercial value, participation and
engagement. Transparency in a well-functioning democratic society, citizens need to know what their
government is doing. To do that, they must be able freely to access government data and information and
to share that information with other citizens. Transparency isn’t just about access, it is also about sharing
and reuse — often, to understand material it needs to be analyzed and visualized and this requires that the
material be open so that it can be freely used and reused. Respect for democracy, human rights and
fundamental freedoms implies right of all citizens to have access to a comprehensive, objective,
understandable and reliable information on all their questions and needs. In Madagascar, there is already a
charter on access to information and sharing knowledge. The parties to this Charter recognize the
constitutional principle of the right to information of any individual established by Article 11 of the
Constitution and the universal right laid down by Article 19 of the Universal Declaration of Human Rights.
In this context, the parties to the Charter shall have the power to regulate access, transfer, exchange, sharing
and use of information they have or are likely to hold in the future. Public information is communicable
automatically to people who make the request as provided by this Charter. Public agencies and private
bodies in charge of a mission of service public, holding documents or information relevant to the public,
are required to make available and to communicate to people that are in demand. The access to
public information is guaranteed and equal for all users without any discrimination. Access to public
information is exercised within the limits of technical possibilities administration for public service
mission. Are considered administrative communicable information or documents within the meaning of
this Charter, all records, reports, studies, policy papers or policy public, reports, minutes, statistics,
directives, instructions, circulars, memos responses include an interpretation of the law or description of
administrative procedures, opinions, forecasts and decisions.
The main objective of this study is to contribute to the accessibility of public services to users through the
deployment of ICT.
Specifics objectives advanced here are to see how progress to digitalization of land information; then, to
determine the process of e-land; after, to see the possibility of open data in land tenure and finally to get
the transparency. It facilitates the approximation of the users and the Land Services.
METHOD
For the case of land tenure in Madagascar, to achieve the goal of open data, many steps must be held, all
the documentation must be computerized (text of laws, procedures, land records…), the
computerization must be undertaken gradually to attain the objective of “E-land leading gradually
open data to transparency in Madagascar”. The willingness of the state to gradually scan and computerize
land records justifies the perspective towards the establishment of e-land. But this project presents some
difficulties.
In this perspective the computerization of Land Conservation can advance and turn increasingly towards
dematerialization and e-land. Progress towards the computerization of this service is a major step in the
integration of ICT for innovative land management in Madagascar. This must be preceded of the restoration
and recovery operations of archives and reconstruction of missing data. So, the introduction of e-land is
determined by the effectiveness of the digitization of land information, which in turn depends on the
availability of data in the archives. These are chain operations that can not be isolated. The stated intention
of the State to scan and gradually computerize land records may be considered as an introduction of e-land.
Every citizen can understand later that the e-land reduce operating costs as paper consumption, phone bill,
facilitates decision making because the information is processed and continuously available in real time,
greater efficiency and transparency, increases the performance of the administrative system and its officials
by the permanent availability of information.
E-land is to take advantage of the benefits of ICT in the management of Land. The main objective of e-land
is to improving the quality, availability and accessibility of public services for users through the deployment
of ICT and to insuring transparency. To achieve these steps, accompanying measures should be taken.
The hypothesis is based on restoration, data reconstitution and computerization of land archives that may
lead to open data through e-land. This would result to transparency, to reduce conflict and raise satisfaction
of citizens.
RESULT
It is important to describe the general context of the modernization of the Land Services and ICTs and the
objectives of the Land modernization and the transition from bureaucratic governance to e-governance.
The Law N°2005-023 of 17 October 2005 relating Institutional reform of the telecommunications sector
refers to e-Governance "any electronic device that seeks to promote and implement governance with the
administration of services through public infrastructure or private, collective or individual, and which
results in the computerized management of the state and its relationship with citizens throughout the
national territory". The use of ICT as a "privileged tools to provide better services to citizens in a modern
and efficient administration" in the National Good Governance Program makes the Malagasy Program of
Good Governance strategic, realistic and legitimate. It undermines the principle of accountability of public
services. Citizens, civil society, economic operators and donor funds are conscious of needs of
transparency. Corruption is a scourge difficult to eradicate, but must be fight together. The right to
information is important in a public governance. In that order, the optimization of the integration of fiber
optics in the Malagasy Government; and, via E-governance managed by the National Agency for the E-
governance Realization (ANRE) is primordial
The governance system is oriented towards high technology integration that is becoming more and more
essential even for developing countries like Madagascar: we speak of e-governance. It is a system-conscious
membership and direct participation of the population in national affairs through ICTs;
The ambition to resort to e-governance was felt by the implementation of the National Program for E-
Governance PNEG or in the good governance policy. The National Workshop validation of National E-
Governance Programme was held on 03 April 2006 at the Hilton Madagascar. The National Program for
E-Governance can be summarized by the use of Information Technology and Communication in the
administration and in civic life, it constitute one of the tools for implementing the establishment of the
commitment of good governance. It will also promote our integration in the information society and our
contribution to global development. E-Administration is improving the internal performance of the
administration; e-Services is improving the quality and availability of Public Services by deploying
dedicated public systems; e-Democracy is enhancing the expression of the opinion of the people and
choices and access to information.
This program demonstrates the commitment of the State to achieve goals by modern means and adapted to
the current global and national context. It is clear that ICT is not a new word in Madagascar, or at least the
concept is not well known but the tools and technology of materials are used increasingly and rapidly
changing. Computers and especially cell phones are now inseparable from the majority of Malagasy.
The spirit that animated The National Program for E-Governance or PNEG development is seeking the
participation of all since the purpose is to bring the administration and citizens through ICT. Hence, a
process starting from the Central to the Decentralized Local Community.
This program aims indeed to exploit these resources to promote development, by promoting transparency
in governance at the service of the population; transparency is an integral part of good governance. This is
an open government to citizens. This transparency is accompanied by the ease of access to information for
citizens on the management of state services. This system strengthens the reciprocal control of state officials
and the public, reducing the scourge that affects our country including corruption. The internal
improvement of the administration by the use of modern technology tends to increase in quantity the
services performed, and improve quality performance and the inner workings of the administration. As part
of the National Program for E-Governance and eager to get out of poverty expecting to find a quick way to
overcome it, the State still has promoting the modernization of public services; and thereupon adopted a
new national e-governance policy. Legal and institutional arrangements are already taken. Thus, Decree
No. 2005-327 of 25 May 2005 fixing the institutional framework for the implementation of the national
policy on E-Governance has set up two institutions. Its first article states that - "For the implementation of
the national policy and the common strategy on E-Governance annexed to this Decree, it is created an
institutional framework composed of the Development Unit of the E-Governance (CDEG) as a strategic
level; and the National Agency for Regulation of E-Governance (ANRE) as the operational level.
They play the main role in supporting e-Governance, and carry out the monitoring of ongoing projects while
promoting the integration of ICT.
Since then, some Public Administrations and Public Institutions, made not for the reform to e-service and
which now have reached a more advanced in this area. They include the the Customs Administration, the
Tax Administration, the National Social Insurance Fund (CNaPS), and the Land Administration initiating
the dematerialization of land information
Data which is open can be freely used, reused and redistributed by anyone. The three main reasons why
Government may open data are Transparency, Releasing social and commercial value and Participatory
Governance. In a well-functioning democratic society, citizens need to know what their government is
doing. To do that, they must be able freely to access government data and information and to share that
information with other citizens. Transparency isn’t just about access, it is also about sharing and reuse. In
a digital age, data is a key resource for social and commercial activities. By opening up data, government
can help drive the creation of innovative business and services that deliver social and commercial value.
By opening up data, citizens are enabled to be much more directly informed and involved in decision-
making. This is more than transparency: it’s about making a full “read/write” society, not just about
knowing what is happening in the process of governance but being able to contribute to it
Land Conservation products the Certificate legal situation of the land (CSJ), the processing time of these
documents for the "no problem" files is five working days. Which clearly means that this deadline is not
met for files with problems. Generally the problem that may delay the delivery of these products is related
to the state or the availability of documents in the archives, e.g. land record not yet returned because in use
for other operations. With the capacity of the land service, due to the deterioration or unavailability of the
usual documents kept in the archives or the disappearance of the pages, lack of human resources relative to
the number of requests, limited requisitions of documents are distributed daily even if it may cause
problems. For example, user needs the document to get money from the bank or to prove that he is the
owner of the piece of land. The deterioration of archives increases forgery and fraud for the recovery of
data (eg false duplicates). This therefore encourages corruption and laziness of users to regularize the
situation of his property.
Land Conservation ensures also the mutation of the private land, until the issuance of the duplicate of title,
the time is 25 days. However, this period may be extended depending on the difficulty and complexity of
the case. In practice, this deadline is rarely respected.
Given the value and importance of archives, in a word, the state of many archives services is critical despite
the restoration efforts already undertaken.
Computerization is one of the great innovations of the land reform in Madagascar.
At the Land Conservation, compared with the chronic problems of the deterioration of "paper" archives,
since 2005 the government decided to turn to the system of e-governance, the establishment of MLM
(Madagascar Land Management) software has been significant for data backup transformed into digital
versions with the funding of MCA (Millenium Challenge Account). It consists of MLM in Land Tenure
Service (title and cadastre) and MLM in Topography (maps).This software is now in his third version.
The main function of the software is to ensure digital preservation of digitized land data on the one hand, to
facilitate the search of files, to the automatic editing documents. Digitalization is done either by scanning
or by entering information in the land records documents (land title, land records), or by both methods;
and vectorization of topographic maps. Operation of the system is done via an intranet that connects
computers in the land service and topographical. This is a palliative to the material destruction of archives.
The aim is to gradually restore the traditional methods and techniques based on material information
management with the integration of modern technology in land management.
The dematerialization of land information is the transformation of information into the material (books) in
intangible digital release. The real goal is to exploit digital data in the processing of files. Dematerialization
is the aim of digitizing land information.
Restoration of deteriorate documents, scanning and digitization of some maps and documents were
conducted with the funding of MCA, European Union and World Bank via PGDI.
Human resources are the essence of the operation of the Land Services. But often there is a challenge to
their number relative to the requests and records received from the Service and their professional skills.
In most cases, the agents do routine tasks. Land Service does no longer use typewriters, computers have
become the working tools of each agent. However there are still obstacles to the exploitation of digital data.
These are problems default legal basis. Despite efforts since 2005, no text exists to regulate the digital files
on their authenticity if their value relative to paper media. Leaving them unusable scanned data on the
computer screen. Scanning and digitization can not function independently. There is currently double
storage and double work, for the use of land record as a working paper documents supporting the one hand,
and the need to scan and update the database in MLM to other. This procedure has become heavier for
agents, making them reluctant about MLM ownership. Besides the purely technical problems are almost
there. There is complexity of using MLM in its operationalization and some functional mismatch relative
to expectations, which de-motivates agents to get involved.
To overcome all these obstacles with MLM, a new software « Land Information System Of Madagascar »
or LISOM is now implemented. New strategies are planned in this system, firstly, the new software will
concern mainly the needs of users, secondly, a bar code system for each agent and each file to identify the
agent record holder, the date, time, duration of holding a folder. The objective is to facilitate the
traceability of records and operations conducted there, and to facilitate inventory transactions. Finally, the
treatments will be on the web through the use of tablets and computers. The existence of Firefox browser
is sufficient to access LISOM but no longer requires installation on each machine. The interface is
simple, easy to manipulate and are designed to contain all the necessary information. All transactions at
Land Services are interdependent. At least all service should be equipped with a computerized
management software to improve the handling of cases and to achieve maximum registration of the
Malagasy territory. LISOM uses open source softwares for the allevation of the Land Administration.
Paperless is the aim of digitizing land information. Many efforts were done but there are many things to do.
So, the land administration must be encouraged to concentrate their efforts to this computerization which can
provide many advantages to population. The research of document will be facilitated; the safeguard of paper
documents in digitalized documents will protect the right in land propriety
We assume, computerization can lead us to the establishment of “e-land” system.
Land Service with the progress already made in the context of the reform by the big step towards digitization
and dematerialization can still deepen up an online operation.
Moreover, the generalization of software for municipalities that have access to electricity should be
considered to facilitate the exchange of information with the decentralized services.
This lack of database on private property titled and private property untitled generate conflicts at the Land
Department. Land that has already acquired land certificate may, following a request of acquiring the same
land at the Land Department, be registered in the name of another person. It's still a big problem especially
as the untitled private property are managed by the Commons.
For private domain of the State, software is already designed to manage state affairs but not yet operational.
A system is also being designed to transfer data given on registration MLM. The operationalization of this
software will speed up the registration of private areas of the State..
The e-land site development project requires a centralized database, all the information on registered
properties in all the Malagasy territory. Each constituency should have the same database, and can meet the
users where as the situation on the land. It is in this case of a national electronic land records system
accessible from a web site. For example, if the land is situated in Nosy Be, the person who lives in Rwanda
can get the Certificate legal situation of the land without travelling.
As many users are lining up in the offices of Land Services requiring Certificate legal situation – CSJ, so it
would be possible, through the e-land system, broadcast online CSJ after digitalizing all the land records.
The design and installation of the database is important to facilitate the management and research
information.
The National Agency for the Implementation of E-governance (ANRE ) is responsible for setting up ICT
infrastructure dedicated to the administration, to deploy ICT tools through these facilities and provide
technical support to the use of the infrastructure and tools. ANRE has implemented Intranet state to ease
the flow of information and data between administrative and institutional buildings. There is also the
gateway to the state to access the websites of Institutions, Government and Government Agencies. Thus,
the citizen expects the National Program for E-Governance (PNEG) is oriented towards the real needs of
the population. Every citizen will understand later that the e-Governance reduced operating costs: paper
usage, phone bill ...; facilitates decision making because the information is processed and available
continuously and in real time; enhances the efficiency and transparency: population, state and citizen agent
can access information necessary for civic life; increases the performance of the administrative system and
its agents by the permanent availability of information; facilitating access to state services and for citizens,
businesses and social actors: a citizen like any development actor will be treated on the same footing than
when given as to benefit from it; makes the fluid flow of information, especially between the state and
social actors: the dialogue between the citizen and the state will be further developed through the use of
ICT;
Today, the Central Land services is installing the fiber optical which will allow them to get better
connectivity for the computerization. Also, even the State demonstrated a strong political will to reform the
Land Department, by different actions and policies already undertaken in the framework of land
modernization, the results are not yet satisfactory. As an illustration that the problems of the famous "boky
rovitra" (land record destroyed) are not yet resolved, this always create obstacles in the functioning of the
Service.
The political will of the State Administration, agents and users is a great support for its implementation. The
concept of "modernization" is inseparable from the restructuring and computerization. It refers to actions
for the renovation of the existing structure on the one hand, and actions for the second
computerization.
Consider an online mechanism for land information requires preliminary feasibility studies on both socio-
economically, legally and technically. We need to study the socio-economic situation Madagascar
The prospect of e-land is to facilitate users' access to land information and help improve the service by
facilitating the process and the handling of cases. The goal is to bring new process easier and faster for
users and for the Land Administration.
The user will no longer be required to travel to the Land Department. It is possible to let an user apply online
through payment, without moving for recovery of the act. Or at least, the user can apply online, and recover
the Certificate with the Land Service of his locality. The ability to have access to information on the status
of its own immediate field encourages users to ensure occasionally to their property (Example: Case of
distant land not occupied by the owner personally); and reduced corruption to the detriment of users who,
for lack of time, resort to intermediaries to high cost. Automatic publishing an online CSJ reduces the tasks
of the agents, they can focus on the completion of other more important tasks.
On the transparent management of archives, as it has been argued above, the archiving system at the Land
Administration still has gaps and the need for the requirement of permanent use of land documents during
treatment folders. The manipulation of land records dating back many years has effects on the state of the
documents. Some become more and more difficult to operate, others are totally unusable “boky rovitra”.
Moreover, with the constantly increasing demands of users, tracking the movement of land books is no
longer assured, which focuses more operations. The change from one hand to another hand, that a land
register which is established in a single copy, may not return to the archives after a long time, and not to
mention the deteriorating condition of return. This involves the obligation of waiting and processing
suspension; and impacts on users are not insignificant. If all workers have the same data in the computer,
the problem of unavailability of land books will no longer occur. For their part the users can directly access
information on the status of their properties. Thus, we must move towards the transparent management of
archives. With the computerization of land data, e-land centralizes the scanned data. The archive will be
accessible to all agents and the update will be automatic and general. All operations performed on a property
is searchable by any agent. The system thus provides a mobile archive, available at any time, by any agent,
and any property.
The objectives are indeed to accelerate the time treatments and procedures, safeguarding land records,
improved working conditions for staff. It was defined in the Master Plan of Land modernization for the
period 2007-2012. The objective in the master plan is the turn to a Land Conservation modernized and
restructured in all aspects as well as the move towards paperless land information. For the implementation
of e-land, a new policy can be adopted to reach land policy to the real needs of the administration and users.
A new policy that will make Land Service in direct relation with other organizations and Public
Administrations. E-Land will also ensure the long-term preservation of the land records. This process helps
to increase the credibility and improves the image of the Land Administration, it is also beneficial in
reducing land disputes. It will provide solutions to the problems of non-updated data that generate countless
land disputes that are put forward. It is vital to proceed systematically and continuously to update books
according to the operations performed on a property. E-Land can offer time savings that increases the
productivity of the service. Furthermore, available to staff the information it may need in the shortest time
would allow the Land Conservation to be more effective and efficient; simplifying the task by the
computerized data management that contributes to the reduction of processing times; fluidity of
communication between Land Services. For users, the expected impacts in terms of speed of service and the
fight against corruption. One must take into account the growth of high-speed technologies that Madagascar
can not escape. The finding in the constituencies shows that users who queue every day with the Land
Department are only a small number of the population of the district. These are the users who have urgent
needs for their transactions. Analysis by contrast, there are many who have not yet regularized records.
However, the existence of unrecognized rights and unregulated has huge impacts social, and economic.
Their deficiency is therefore a brake on development. E-land can be an effective and lasting solution to this
situation. This ensures proximity Land Administration, which allows to process user requests on-line or at
least to study in advance the online records before submitting it for payment of fees and signature. Also, it is
possible to offer or deliver products online, including the CSJ which is constantly required part of the
Administration in any transaction. It facilitates the access of users to Land information service; that is, any
user who has access to the Internet can access immediate way information concerning its properties
without moving, without long wait, and without coming and going that far seems not yet to be resolved. It
makes it possible to provide effective services for the population. In the open data on e-land, users can
get many informations and procedures with durations and costs about land tenure.
Corruption is defined by Transparency International considers as "the abuse of public office for purposes
of personal enrichment." To this end, the land sector is rife with corruption. It is still part of the areas where
the level of corruption is alarming, and where the intervention of touts is in large numbers. The problems
of lack and insufficient staff accompanied by the deterioration of general archives are all causes of
corruption. Tenure security is becoming more fragile and it is the users who are the first victims.
In this context, the e-land facilitates the monitoring of ongoing treatment records at the service level that is
to say its traceability, its location, potential problems of the record; and know thereto suggestions and
solutions through direct online information of the user. It provides users the time to rectify the situation in
order to enhance the security of his property. Land disputes are recognized as constituting the majority of
disputes in courts and rampant corruption truly the service.
It should also be noted that the innovation can not be the same in all countries. Changes to implement should
take into account the specificities and realities of each country.
So, e-land can lead gradually open data to transparency.
DISCUSSION
The study is limited in a realistic vision. But in view of a future implementation of e-land, the element to
be taken into account will be the main pillar as the educational level of the population. E-land is a project
that requires a lot of criteria. This reflects the ability to access the Land Service any computer connected to
the Internet. For users, this forces them to rely on factual situations, afraid to go to the administrative offices.
Cultural diversity and level of knowledge of the entire population is nevertheless a fact.Thus the reform
can only go two speed to move forward. That is to say fit each phase and level of development of each
region or each constituency. And we must take into account the real needs of the populations in each area
because the needs of users vary according to the means at their disposal. Nevertheless, the new
technology is gaining more and more place in urban areas and the finding shows that the population is
becoming more and more dependent on computers and the Internet as tools.
The preservation of the data online must be studied to avoid piracy and the risks of data leakage. The debate
on Open Data is still evolving. The best open government applications seek to empower citizens, to help
small businesses, or to create value in some other positive, constructive way. Open government data is only
a way-point on the road to improving education, improving government, and building tools to solve other
real world problems. However, sociological studies that access and use of open data were conditioned by
material criteria (electricity, possession of computer equipment) and social (education)
There is an example of open data in Madagascar as the supply of all election results in 2013 in a single
point, the Ministry of the Interior. With, e-land, as open data is free of charge, and is for use and reuse by
citizens, alle the procedures on how to get a parcell of land, and how to do the transfer of property with the
delay and costs can be the first step of open data. After the achievement of the inventory of the status of
land, by looking at the map with the e-land system, man can know the status of each parcell of land (private
property, state private property, state public property, specifical status).
The list of parcels of land that were acquired in large scale can also be diffused in open data for
transparency. Also, the list of long lease contracted with the Land Administration may also enter in open
data. Nevertheless, the limit is that as the open data can be reused and changed by users, it may affect the
Administration and the contractant. Moreother, the data about land recording (name of owner) must be
studyed deeply for the openning because it may cause other problems as speculation. It may stay with e-
land services at first step.
In land tenure, with e-land, the mobile banking can be used for the payment of any operations, the use of
credit card will be also possible, but only just a little percentage of people can afford this second option.
In Madagascar, the texts governing digital data, and electronic signature does not yet exist. The promotion
of e-government and e-services should be accompanied by appropriate regulation. The digital data have no
legal value, but simply remains a means of communication. It is also necessary to Madagascar to transmit
the same information on paper.
Reform of the Administration will go further if there is a strong will and courage on the part of the State.
This paper is like a capitalization of the research already done and the situations on ground. This is to allow
the responsible of land tenure to spread land information for transparency this paper finds its raison d'être.
Certainly e-land has many advantages in Madagascar for Land Administration and especially for users. It
helps to improve the quality and speed of services on improved archiving problems and the fight against
corruption. But the current situation poses many challenges. Economic, social, legal and technically do not
yet seem ready to welcome the new system. For its part the analysis of user requirements is also
fundamental in the context of this study, in order to delimit the scope of the system and determine the
appropriate means to access it. They will require great efforts on the part of the Administration especially in
terms of strengthening the achievements of the scan and digitalization.

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E-land leading gradually open data to transparency in Madagascar

  • 1. E-LAND LEADING GRADUALLY OPEN DATA TO TRANSPARENCY IN MADAGASCAR NANCY RAMBAO ANDRIANARISOA sp1. ANDRIAMISANDRATSOA MINISTRY OF STATE IN CHARGE OF PRESIDENCY, TERRITORY PLANNING AND EQUIPMENTS MADAGASCAR sissiandria@gmail.com Paper prepared for presentation at the “2015 WORLD BANK CONFERENCE ON LAND AND POVERTY” The World Bank - Washington DC, March 23-27, 2015 Copyright 2015 by author(s). All rights reserved. Readers may make verbatim copies of this document for non-commercial purposes by any means, provided that this copyright notice appears on all such copies.
  • 2. Abstract Currently with the rapid evolution of technology, the whole world especially the developed countries benefit from his contributions and benefits to improve public services and to better serve closer and more effective citizens. The governance system is oriented towards the integration of high technology that is becoming more and more essential even for countries developing as Madagascar. Over the last decade, significant progress has been made on a broad range of initiatives to increase access to the integration of ICT in Madagascar. The National Agency for the Implementation of E-governance or ANRE is there since 2007 to insure the implementation of the National Program for E-Governance (PNEG). We can conceive, it can lead us to the establishment of “e-land system”. The main objective of e-land is to improving the quality, availability and accessibility of land record to public. This system e-land may conduct us gradually to open data. Nevertheless, it is conditioned by the computerization of land records that must be available to the public. Open data is indispensable by ensuring transparency and accountability, enhancing public trust and participation and improving the effectiveness of governance process. Key Words: E-governance, e-land, governance, open data, transparency.
  • 3. INTRODUCTION 75% of the Malagasy are farmers and most do not yet have their own land; also, currently, 80% of disputes in the Courts relate to land disputes. Now the land is undoubtedly the first essential capital to all production and development at all. Primarily responsible for the Malagasy State have always cared for the land, specifically land security which is considered as a source of economic development and social harmony. In order to hold government accountable for its actions, citizens must know what those actions are. To that end, they must insist that government act openly and transparently to the greatest extent possible. In the twenty-first century, this entails making its data available online and easy to access. If government data is made available online in useful and flexible formats, citizens will be able to utilize modern Internet tools to shed light on government activities. Today, however, the state of government’s online offerings is very sad indeed. Some nominally publicly available information is not online at all, and the data that is online is often not in useful formats. Government should be encouraged to release public information online in a structured, open, and searchable manner. The reach of the Internet is interesting to study, especially as more and more people have access at home, at work and in public places. Historically, the land was owned by collective social group. This is the law of 9 March 1896 on indigenous property, enacted by the Queen RANAVALONA III, Land services were introduced. During colonization, land management to Madagascar was inspired by the Torrens Act model called Australian law which enshrines the absolute strength of the land title mentions evidence of the existence and recognition of property rights. Land law has been gradually evolving to achieve the current land tenure. Since independence, Ordinance No. 60-146 of 3 October 1960 on the tenure of the registration was adopted to govern the land that had always been an important value for Malagasy. Subsequently relaxation missions of Land Services was found that weakened securing land in Madagascar. A land crisis in all activities of the Land Department was manifested. The Land Conservation is a full service which is responsible for the management of private property titled in Madagascar. It differs from the Domanial Service which manages State Land. But handling a large document to each operation engendered problems such as deterioration of documents by their manipulations, the slowness of the procedure and the inability to remotely access the land register. There is generally the poor and inadequate infrastructure to ensure the preservation of documents and a lack of space, to classify all land records, chronic document damage (illegible text, missing pages, etc.), the lack of ventilation. Some data remain unavailable in archives. Therefore, the provision of public services can no longer afford the growing demands of the population. As land records are not updated, written in land register books do not generally reflect the reality on the ground. Similarly, there is the lack of land bank because the inventory of land is not yet finished throughout Madagascar, which implies the implementation of ineffective Land Information System. Thus, the poor and the marginalized can not defend their rights.
  • 4. This is due to ignorance of the various bodies and security procedures, either on public land or request services mutation, because the vulgarization of laws and procedures on access and land management is not yet effective. In addition, users do not regularize their land situation, because of the high cost of law recording transfers as well, they just content on pieces of paper. Corruptions prevailing among the various actors in the land with a lack of transparency in the various instances. Also, as the level of knowledge of most users is very low, they find that procedures are too complicated and they are struggling to keep track of their records. These situations lead to unreliable land information, land disputes and the rights to land and natural resources of farmers and marginalized people are not recognized or protected since they have no way to fight against the injustices that incumbent. They are real obstacles to the transparency. Assumed the enormousness of the effect, the government decided to adopt a new land policy since 2005 to "meet the massive demand for land security, in a short time and costs adjusted to the economic context, the formalization of rights unwritten land and in the maintenance and regulation of land rights writings". The reform is based on four strategic areas that are respectively: the restructuring, computerizing and modernization of land services, renovation of the land regulations, decentralization of land management and training for careers in land. Therefore, land management has expanded to decentralization; restructuring, modernization and computerization of land services have gained momentum, legislative frameworks have been renovated to be adapted to the current reality, and finally, a series of training were held with various actors in the land. But despite the palpable results now, land problems, and the installation of new regulatory frameworks even went to classes of people enjoying the new statutes of the land. The problematic of this study is based on this next question : “How can citizen get easily information about land record?” E-governance is the use by the public sector Information and Communication Technology (ICT) in order to improve the provision of information and services, encouraging citizen participation in the process decision and make government more accountable, transparent and effective. The ICT has been a gradual evolution in response to the era of globalization. In this sense, it must be deployed in synergy with other development programs such as electrification, roads and communication networks as well as education for all. The e-governance implies the integration of ICT in national governance program. The word "governance" can be defined as the method and process to lead and manage public affairs in all political, administrative, social and economic fields. Currently with the rapid evolution of technology, the world especially the developed countries take advantage of its contributions and its benefits to improve public services and to better serve so closer and more effective citizens. E-Land is a new vision, based on the use of technology and the Internet. What really are these two words "e" and "land"? "E" stands for the English word electronic. "LAND" is everything relating to land, soils. The terminology "e-land" means then Online Land Service. Providing online services makes e- land project in the categories of "e-services". The e-service means public service on the Internet. This differs from the e- government that mainly affects the internal service modernization. In other words, e-administration on
  • 5. strengthening in terms of efficiency and quality of services, by improving claims processing systems, the use of ICT. Many land records and books are no longer usable, faced with all these problems and obstacles, E-land can bring lasting solutions. Certainly, the establishment of online information system is expensive at first. It requires a huge funding for the price of hardware, networking, connection, etc. But once the system is in place, it can reduce one hand spending on office supplies such as paper. Also, online accessibility contributes to the alleviation of heavy procedure, the back-and-forth innumerable, expectations without results in the case of deteriorating books, the absence of the official in charge of signing and so one. However, this can allow users to carry out productive activities and reduce travel expenses which remain an obstacle for users in the regularization of their rights. Finally, in terms of revenue, the speed and the increase in quantity of the services provided by the automatic processing of files is possible to ensure an increase in entries earnings. Land security is fragile, and users feel powerless before the extent of it, the cases of false duplicates, existence of several titles on the same field, for example are recurrent cases. In this regard, the establishment of e-land can offer trust by the availability of land at any time information. E-Land can be defined as an electronic land information system that will facilitate users' access to the service and provide a remedy against the impasse of physical deterioration archives. This system e-land may conduct to open data. Restoration and computerization must be achieved before this process. Open data is the idea that certain data should be freely available to everyone to use and republish as they wish, without restrictions from copyright other mechanisms of control. It may give general procedures and documents required for all transactions with the Land Services in the first time for transparency and avoid land conflict. Open data sit at the heart of this global movement, it is indispensable by ensuring transparency and accountability, enhancing public trust and participation and improving the effectiveness of governance process. In land tenure, it may improve internal competence, performance, consistency, and transparency of the land administration by the computerization of all administrative services. The reasons behind open government data can be considered as twofold. First, it increases government transparency and accountability. Second, open data should enable third parties to leverage the potential of government data through the development of applications and services that address public and private demands. Several governments have created web sites to distribute a portion of the data they collect. Today, people expect to be able to access information and services electronically when and how they want. Open data can increase transparency about what government and business are doing. Open data also increase awareness about how countries’ natural resources are used, how extractives revenues are spent, and how land is transacted and managed. All of which promote accountability and good governance, enhances public debate, and helps to combat corruption. Transparent data are also essential for accountability. Why should data be open? The answer, depends somewhat on the type of data. However, there are common reasons such as transparency, releasing social and commercial value, participation and engagement. Transparency in a well-functioning democratic society, citizens need to know what their government is doing. To do that, they must be able freely to access government data and information and to share that information with other citizens. Transparency isn’t just about access, it is also about sharing and reuse — often, to understand material it needs to be analyzed and visualized and this requires that the
  • 6. material be open so that it can be freely used and reused. Respect for democracy, human rights and fundamental freedoms implies right of all citizens to have access to a comprehensive, objective, understandable and reliable information on all their questions and needs. In Madagascar, there is already a charter on access to information and sharing knowledge. The parties to this Charter recognize the constitutional principle of the right to information of any individual established by Article 11 of the Constitution and the universal right laid down by Article 19 of the Universal Declaration of Human Rights. In this context, the parties to the Charter shall have the power to regulate access, transfer, exchange, sharing and use of information they have or are likely to hold in the future. Public information is communicable automatically to people who make the request as provided by this Charter. Public agencies and private bodies in charge of a mission of service public, holding documents or information relevant to the public, are required to make available and to communicate to people that are in demand. The access to public information is guaranteed and equal for all users without any discrimination. Access to public information is exercised within the limits of technical possibilities administration for public service mission. Are considered administrative communicable information or documents within the meaning of this Charter, all records, reports, studies, policy papers or policy public, reports, minutes, statistics, directives, instructions, circulars, memos responses include an interpretation of the law or description of administrative procedures, opinions, forecasts and decisions. The main objective of this study is to contribute to the accessibility of public services to users through the deployment of ICT. Specifics objectives advanced here are to see how progress to digitalization of land information; then, to determine the process of e-land; after, to see the possibility of open data in land tenure and finally to get the transparency. It facilitates the approximation of the users and the Land Services. METHOD For the case of land tenure in Madagascar, to achieve the goal of open data, many steps must be held, all the documentation must be computerized (text of laws, procedures, land records…), the computerization must be undertaken gradually to attain the objective of “E-land leading gradually open data to transparency in Madagascar”. The willingness of the state to gradually scan and computerize land records justifies the perspective towards the establishment of e-land. But this project presents some difficulties. In this perspective the computerization of Land Conservation can advance and turn increasingly towards dematerialization and e-land. Progress towards the computerization of this service is a major step in the integration of ICT for innovative land management in Madagascar. This must be preceded of the restoration and recovery operations of archives and reconstruction of missing data. So, the introduction of e-land is determined by the effectiveness of the digitization of land information, which in turn depends on the availability of data in the archives. These are chain operations that can not be isolated. The stated intention of the State to scan and gradually computerize land records may be considered as an introduction of e-land. Every citizen can understand later that the e-land reduce operating costs as paper consumption, phone bill, facilitates decision making because the information is processed and continuously available in real time,
  • 7. greater efficiency and transparency, increases the performance of the administrative system and its officials by the permanent availability of information. E-land is to take advantage of the benefits of ICT in the management of Land. The main objective of e-land is to improving the quality, availability and accessibility of public services for users through the deployment of ICT and to insuring transparency. To achieve these steps, accompanying measures should be taken. The hypothesis is based on restoration, data reconstitution and computerization of land archives that may lead to open data through e-land. This would result to transparency, to reduce conflict and raise satisfaction of citizens. RESULT It is important to describe the general context of the modernization of the Land Services and ICTs and the objectives of the Land modernization and the transition from bureaucratic governance to e-governance. The Law N°2005-023 of 17 October 2005 relating Institutional reform of the telecommunications sector refers to e-Governance "any electronic device that seeks to promote and implement governance with the administration of services through public infrastructure or private, collective or individual, and which results in the computerized management of the state and its relationship with citizens throughout the national territory". The use of ICT as a "privileged tools to provide better services to citizens in a modern and efficient administration" in the National Good Governance Program makes the Malagasy Program of Good Governance strategic, realistic and legitimate. It undermines the principle of accountability of public services. Citizens, civil society, economic operators and donor funds are conscious of needs of transparency. Corruption is a scourge difficult to eradicate, but must be fight together. The right to information is important in a public governance. In that order, the optimization of the integration of fiber optics in the Malagasy Government; and, via E-governance managed by the National Agency for the E- governance Realization (ANRE) is primordial The governance system is oriented towards high technology integration that is becoming more and more essential even for developing countries like Madagascar: we speak of e-governance. It is a system-conscious membership and direct participation of the population in national affairs through ICTs; The ambition to resort to e-governance was felt by the implementation of the National Program for E- Governance PNEG or in the good governance policy. The National Workshop validation of National E- Governance Programme was held on 03 April 2006 at the Hilton Madagascar. The National Program for E-Governance can be summarized by the use of Information Technology and Communication in the administration and in civic life, it constitute one of the tools for implementing the establishment of the commitment of good governance. It will also promote our integration in the information society and our contribution to global development. E-Administration is improving the internal performance of the administration; e-Services is improving the quality and availability of Public Services by deploying dedicated public systems; e-Democracy is enhancing the expression of the opinion of the people and choices and access to information. This program demonstrates the commitment of the State to achieve goals by modern means and adapted to the current global and national context. It is clear that ICT is not a new word in Madagascar, or at least the
  • 8. concept is not well known but the tools and technology of materials are used increasingly and rapidly changing. Computers and especially cell phones are now inseparable from the majority of Malagasy. The spirit that animated The National Program for E-Governance or PNEG development is seeking the participation of all since the purpose is to bring the administration and citizens through ICT. Hence, a process starting from the Central to the Decentralized Local Community. This program aims indeed to exploit these resources to promote development, by promoting transparency in governance at the service of the population; transparency is an integral part of good governance. This is an open government to citizens. This transparency is accompanied by the ease of access to information for citizens on the management of state services. This system strengthens the reciprocal control of state officials and the public, reducing the scourge that affects our country including corruption. The internal improvement of the administration by the use of modern technology tends to increase in quantity the services performed, and improve quality performance and the inner workings of the administration. As part of the National Program for E-Governance and eager to get out of poverty expecting to find a quick way to overcome it, the State still has promoting the modernization of public services; and thereupon adopted a new national e-governance policy. Legal and institutional arrangements are already taken. Thus, Decree No. 2005-327 of 25 May 2005 fixing the institutional framework for the implementation of the national policy on E-Governance has set up two institutions. Its first article states that - "For the implementation of the national policy and the common strategy on E-Governance annexed to this Decree, it is created an institutional framework composed of the Development Unit of the E-Governance (CDEG) as a strategic level; and the National Agency for Regulation of E-Governance (ANRE) as the operational level. They play the main role in supporting e-Governance, and carry out the monitoring of ongoing projects while promoting the integration of ICT. Since then, some Public Administrations and Public Institutions, made not for the reform to e-service and which now have reached a more advanced in this area. They include the the Customs Administration, the Tax Administration, the National Social Insurance Fund (CNaPS), and the Land Administration initiating the dematerialization of land information Data which is open can be freely used, reused and redistributed by anyone. The three main reasons why Government may open data are Transparency, Releasing social and commercial value and Participatory Governance. In a well-functioning democratic society, citizens need to know what their government is doing. To do that, they must be able freely to access government data and information and to share that information with other citizens. Transparency isn’t just about access, it is also about sharing and reuse. In a digital age, data is a key resource for social and commercial activities. By opening up data, government can help drive the creation of innovative business and services that deliver social and commercial value. By opening up data, citizens are enabled to be much more directly informed and involved in decision- making. This is more than transparency: it’s about making a full “read/write” society, not just about knowing what is happening in the process of governance but being able to contribute to it Land Conservation products the Certificate legal situation of the land (CSJ), the processing time of these documents for the "no problem" files is five working days. Which clearly means that this deadline is not
  • 9. met for files with problems. Generally the problem that may delay the delivery of these products is related to the state or the availability of documents in the archives, e.g. land record not yet returned because in use for other operations. With the capacity of the land service, due to the deterioration or unavailability of the usual documents kept in the archives or the disappearance of the pages, lack of human resources relative to the number of requests, limited requisitions of documents are distributed daily even if it may cause problems. For example, user needs the document to get money from the bank or to prove that he is the owner of the piece of land. The deterioration of archives increases forgery and fraud for the recovery of data (eg false duplicates). This therefore encourages corruption and laziness of users to regularize the situation of his property. Land Conservation ensures also the mutation of the private land, until the issuance of the duplicate of title, the time is 25 days. However, this period may be extended depending on the difficulty and complexity of the case. In practice, this deadline is rarely respected. Given the value and importance of archives, in a word, the state of many archives services is critical despite the restoration efforts already undertaken. Computerization is one of the great innovations of the land reform in Madagascar. At the Land Conservation, compared with the chronic problems of the deterioration of "paper" archives, since 2005 the government decided to turn to the system of e-governance, the establishment of MLM (Madagascar Land Management) software has been significant for data backup transformed into digital versions with the funding of MCA (Millenium Challenge Account). It consists of MLM in Land Tenure Service (title and cadastre) and MLM in Topography (maps).This software is now in his third version. The main function of the software is to ensure digital preservation of digitized land data on the one hand, to facilitate the search of files, to the automatic editing documents. Digitalization is done either by scanning or by entering information in the land records documents (land title, land records), or by both methods; and vectorization of topographic maps. Operation of the system is done via an intranet that connects computers in the land service and topographical. This is a palliative to the material destruction of archives. The aim is to gradually restore the traditional methods and techniques based on material information management with the integration of modern technology in land management. The dematerialization of land information is the transformation of information into the material (books) in intangible digital release. The real goal is to exploit digital data in the processing of files. Dematerialization is the aim of digitizing land information. Restoration of deteriorate documents, scanning and digitization of some maps and documents were conducted with the funding of MCA, European Union and World Bank via PGDI. Human resources are the essence of the operation of the Land Services. But often there is a challenge to their number relative to the requests and records received from the Service and their professional skills. In most cases, the agents do routine tasks. Land Service does no longer use typewriters, computers have become the working tools of each agent. However there are still obstacles to the exploitation of digital data. These are problems default legal basis. Despite efforts since 2005, no text exists to regulate the digital files on their authenticity if their value relative to paper media. Leaving them unusable scanned data on the
  • 10. computer screen. Scanning and digitization can not function independently. There is currently double storage and double work, for the use of land record as a working paper documents supporting the one hand, and the need to scan and update the database in MLM to other. This procedure has become heavier for agents, making them reluctant about MLM ownership. Besides the purely technical problems are almost there. There is complexity of using MLM in its operationalization and some functional mismatch relative to expectations, which de-motivates agents to get involved. To overcome all these obstacles with MLM, a new software « Land Information System Of Madagascar » or LISOM is now implemented. New strategies are planned in this system, firstly, the new software will concern mainly the needs of users, secondly, a bar code system for each agent and each file to identify the agent record holder, the date, time, duration of holding a folder. The objective is to facilitate the traceability of records and operations conducted there, and to facilitate inventory transactions. Finally, the treatments will be on the web through the use of tablets and computers. The existence of Firefox browser is sufficient to access LISOM but no longer requires installation on each machine. The interface is simple, easy to manipulate and are designed to contain all the necessary information. All transactions at Land Services are interdependent. At least all service should be equipped with a computerized management software to improve the handling of cases and to achieve maximum registration of the Malagasy territory. LISOM uses open source softwares for the allevation of the Land Administration. Paperless is the aim of digitizing land information. Many efforts were done but there are many things to do. So, the land administration must be encouraged to concentrate their efforts to this computerization which can provide many advantages to population. The research of document will be facilitated; the safeguard of paper documents in digitalized documents will protect the right in land propriety We assume, computerization can lead us to the establishment of “e-land” system. Land Service with the progress already made in the context of the reform by the big step towards digitization and dematerialization can still deepen up an online operation. Moreover, the generalization of software for municipalities that have access to electricity should be considered to facilitate the exchange of information with the decentralized services. This lack of database on private property titled and private property untitled generate conflicts at the Land Department. Land that has already acquired land certificate may, following a request of acquiring the same land at the Land Department, be registered in the name of another person. It's still a big problem especially as the untitled private property are managed by the Commons. For private domain of the State, software is already designed to manage state affairs but not yet operational. A system is also being designed to transfer data given on registration MLM. The operationalization of this software will speed up the registration of private areas of the State.. The e-land site development project requires a centralized database, all the information on registered properties in all the Malagasy territory. Each constituency should have the same database, and can meet the users where as the situation on the land. It is in this case of a national electronic land records system accessible from a web site. For example, if the land is situated in Nosy Be, the person who lives in Rwanda can get the Certificate legal situation of the land without travelling.
  • 11. As many users are lining up in the offices of Land Services requiring Certificate legal situation – CSJ, so it would be possible, through the e-land system, broadcast online CSJ after digitalizing all the land records. The design and installation of the database is important to facilitate the management and research information. The National Agency for the Implementation of E-governance (ANRE ) is responsible for setting up ICT infrastructure dedicated to the administration, to deploy ICT tools through these facilities and provide technical support to the use of the infrastructure and tools. ANRE has implemented Intranet state to ease the flow of information and data between administrative and institutional buildings. There is also the gateway to the state to access the websites of Institutions, Government and Government Agencies. Thus, the citizen expects the National Program for E-Governance (PNEG) is oriented towards the real needs of the population. Every citizen will understand later that the e-Governance reduced operating costs: paper usage, phone bill ...; facilitates decision making because the information is processed and available continuously and in real time; enhances the efficiency and transparency: population, state and citizen agent can access information necessary for civic life; increases the performance of the administrative system and its agents by the permanent availability of information; facilitating access to state services and for citizens, businesses and social actors: a citizen like any development actor will be treated on the same footing than when given as to benefit from it; makes the fluid flow of information, especially between the state and social actors: the dialogue between the citizen and the state will be further developed through the use of ICT; Today, the Central Land services is installing the fiber optical which will allow them to get better connectivity for the computerization. Also, even the State demonstrated a strong political will to reform the Land Department, by different actions and policies already undertaken in the framework of land modernization, the results are not yet satisfactory. As an illustration that the problems of the famous "boky rovitra" (land record destroyed) are not yet resolved, this always create obstacles in the functioning of the Service. The political will of the State Administration, agents and users is a great support for its implementation. The concept of "modernization" is inseparable from the restructuring and computerization. It refers to actions for the renovation of the existing structure on the one hand, and actions for the second computerization. Consider an online mechanism for land information requires preliminary feasibility studies on both socio- economically, legally and technically. We need to study the socio-economic situation Madagascar The prospect of e-land is to facilitate users' access to land information and help improve the service by facilitating the process and the handling of cases. The goal is to bring new process easier and faster for users and for the Land Administration. The user will no longer be required to travel to the Land Department. It is possible to let an user apply online through payment, without moving for recovery of the act. Or at least, the user can apply online, and recover the Certificate with the Land Service of his locality. The ability to have access to information on the status of its own immediate field encourages users to ensure occasionally to their property (Example: Case of
  • 12. distant land not occupied by the owner personally); and reduced corruption to the detriment of users who, for lack of time, resort to intermediaries to high cost. Automatic publishing an online CSJ reduces the tasks of the agents, they can focus on the completion of other more important tasks. On the transparent management of archives, as it has been argued above, the archiving system at the Land Administration still has gaps and the need for the requirement of permanent use of land documents during treatment folders. The manipulation of land records dating back many years has effects on the state of the documents. Some become more and more difficult to operate, others are totally unusable “boky rovitra”. Moreover, with the constantly increasing demands of users, tracking the movement of land books is no longer assured, which focuses more operations. The change from one hand to another hand, that a land register which is established in a single copy, may not return to the archives after a long time, and not to mention the deteriorating condition of return. This involves the obligation of waiting and processing suspension; and impacts on users are not insignificant. If all workers have the same data in the computer, the problem of unavailability of land books will no longer occur. For their part the users can directly access information on the status of their properties. Thus, we must move towards the transparent management of archives. With the computerization of land data, e-land centralizes the scanned data. The archive will be accessible to all agents and the update will be automatic and general. All operations performed on a property is searchable by any agent. The system thus provides a mobile archive, available at any time, by any agent, and any property. The objectives are indeed to accelerate the time treatments and procedures, safeguarding land records, improved working conditions for staff. It was defined in the Master Plan of Land modernization for the period 2007-2012. The objective in the master plan is the turn to a Land Conservation modernized and restructured in all aspects as well as the move towards paperless land information. For the implementation of e-land, a new policy can be adopted to reach land policy to the real needs of the administration and users. A new policy that will make Land Service in direct relation with other organizations and Public Administrations. E-Land will also ensure the long-term preservation of the land records. This process helps to increase the credibility and improves the image of the Land Administration, it is also beneficial in reducing land disputes. It will provide solutions to the problems of non-updated data that generate countless land disputes that are put forward. It is vital to proceed systematically and continuously to update books according to the operations performed on a property. E-Land can offer time savings that increases the productivity of the service. Furthermore, available to staff the information it may need in the shortest time would allow the Land Conservation to be more effective and efficient; simplifying the task by the computerized data management that contributes to the reduction of processing times; fluidity of communication between Land Services. For users, the expected impacts in terms of speed of service and the fight against corruption. One must take into account the growth of high-speed technologies that Madagascar can not escape. The finding in the constituencies shows that users who queue every day with the Land Department are only a small number of the population of the district. These are the users who have urgent needs for their transactions. Analysis by contrast, there are many who have not yet regularized records. However, the existence of unrecognized rights and unregulated has huge impacts social, and economic.
  • 13. Their deficiency is therefore a brake on development. E-land can be an effective and lasting solution to this situation. This ensures proximity Land Administration, which allows to process user requests on-line or at least to study in advance the online records before submitting it for payment of fees and signature. Also, it is possible to offer or deliver products online, including the CSJ which is constantly required part of the Administration in any transaction. It facilitates the access of users to Land information service; that is, any user who has access to the Internet can access immediate way information concerning its properties without moving, without long wait, and without coming and going that far seems not yet to be resolved. It makes it possible to provide effective services for the population. In the open data on e-land, users can get many informations and procedures with durations and costs about land tenure. Corruption is defined by Transparency International considers as "the abuse of public office for purposes of personal enrichment." To this end, the land sector is rife with corruption. It is still part of the areas where the level of corruption is alarming, and where the intervention of touts is in large numbers. The problems of lack and insufficient staff accompanied by the deterioration of general archives are all causes of corruption. Tenure security is becoming more fragile and it is the users who are the first victims. In this context, the e-land facilitates the monitoring of ongoing treatment records at the service level that is to say its traceability, its location, potential problems of the record; and know thereto suggestions and solutions through direct online information of the user. It provides users the time to rectify the situation in order to enhance the security of his property. Land disputes are recognized as constituting the majority of disputes in courts and rampant corruption truly the service. It should also be noted that the innovation can not be the same in all countries. Changes to implement should take into account the specificities and realities of each country. So, e-land can lead gradually open data to transparency. DISCUSSION The study is limited in a realistic vision. But in view of a future implementation of e-land, the element to be taken into account will be the main pillar as the educational level of the population. E-land is a project that requires a lot of criteria. This reflects the ability to access the Land Service any computer connected to the Internet. For users, this forces them to rely on factual situations, afraid to go to the administrative offices. Cultural diversity and level of knowledge of the entire population is nevertheless a fact.Thus the reform can only go two speed to move forward. That is to say fit each phase and level of development of each region or each constituency. And we must take into account the real needs of the populations in each area because the needs of users vary according to the means at their disposal. Nevertheless, the new technology is gaining more and more place in urban areas and the finding shows that the population is becoming more and more dependent on computers and the Internet as tools. The preservation of the data online must be studied to avoid piracy and the risks of data leakage. The debate on Open Data is still evolving. The best open government applications seek to empower citizens, to help small businesses, or to create value in some other positive, constructive way. Open government data is only a way-point on the road to improving education, improving government, and building tools to solve other real world problems. However, sociological studies that access and use of open data were conditioned by
  • 14. material criteria (electricity, possession of computer equipment) and social (education) There is an example of open data in Madagascar as the supply of all election results in 2013 in a single point, the Ministry of the Interior. With, e-land, as open data is free of charge, and is for use and reuse by citizens, alle the procedures on how to get a parcell of land, and how to do the transfer of property with the delay and costs can be the first step of open data. After the achievement of the inventory of the status of land, by looking at the map with the e-land system, man can know the status of each parcell of land (private property, state private property, state public property, specifical status). The list of parcels of land that were acquired in large scale can also be diffused in open data for transparency. Also, the list of long lease contracted with the Land Administration may also enter in open data. Nevertheless, the limit is that as the open data can be reused and changed by users, it may affect the Administration and the contractant. Moreother, the data about land recording (name of owner) must be studyed deeply for the openning because it may cause other problems as speculation. It may stay with e- land services at first step. In land tenure, with e-land, the mobile banking can be used for the payment of any operations, the use of credit card will be also possible, but only just a little percentage of people can afford this second option. In Madagascar, the texts governing digital data, and electronic signature does not yet exist. The promotion of e-government and e-services should be accompanied by appropriate regulation. The digital data have no legal value, but simply remains a means of communication. It is also necessary to Madagascar to transmit the same information on paper. Reform of the Administration will go further if there is a strong will and courage on the part of the State. This paper is like a capitalization of the research already done and the situations on ground. This is to allow the responsible of land tenure to spread land information for transparency this paper finds its raison d'être. Certainly e-land has many advantages in Madagascar for Land Administration and especially for users. It helps to improve the quality and speed of services on improved archiving problems and the fight against corruption. But the current situation poses many challenges. Economic, social, legal and technically do not yet seem ready to welcome the new system. For its part the analysis of user requirements is also fundamental in the context of this study, in order to delimit the scope of the system and determine the appropriate means to access it. They will require great efforts on the part of the Administration especially in terms of strengthening the achievements of the scan and digitalization.