improving tenure security for the rural poor in sub- saharan africa regional technical workshop...
TRANSCRIPT
IMPROVING TENURE SECURITY FOR THE RURAL POOR IN SUB-
SAHARAN AFRICA
Regional Technical Workshop Nakuru, Kenya, 23-26 October 2006
Outline
Background – the Project The Workshop in Nakuru Discussion Topics Main Findings and Messages ...
Background – the Project
funded by Norway, 1 Apr ‘06 – 31 Mar ‘07 five themes involved in FAO
land tenure and development law forest tenure management of fisheries rights gender and HIV / AIDS impacts on property rights sustainable agriculture and rural development (SARD)
why rural Africa looking for empirical evidence about access rights technical outputs to inform the Property Rights WG of
the Commission for Legal Empowerment of the Poor
The Workshop in Nakuru
Participants government, professional, academia, NGO 60 from 18 African countries and 5 IOs
Presentation of cases land: Kenya, Tanzania, Uganda, Ghana, Mali, Rwanda,
Namibia, Mozambique forest tenure summary: Morocco, Senegal, Ghana,
Cameroon, Gabon, Uganda, Tanzania, Mozambique, Zimbabwe, South Africa
fisheries: Lake Victoria riparian countries gender & HIV / AIDS aspects: women, orphans in Zambia,
Kenya, Tanzania, Malawi SARD: Kenya
Group Discussions
Discussion Topics
issues of access to natural resources in Sub-Saharan rural areas
is formalisation of access rights or titling useful in rural areas
how should land policy be implemented to empower the poor
Findings and Messages
Africa is not poor because of lack of formal tenure systems
land tenure in Africa is extremely complex the definition of “formal” needs to take into
account the existing pluralism customary regimes can also undergo
“formalization” titling: more appropriate for urban areas, no
clear evidence to influence rural poverty customary systems often do not protect some
vulnerable groups
Findings and Messages
major fields of development interventions identified:policy and legal framework capacity institutional framework information, communication, awareness representation sustainable funding
in parallel, rather than in sequence
Findings and Messages
Policy and Legal Framework pro-poor land policies and laws developed by
participatory approach, protecting the vulnerable national land laws to include the customary regimes
(that are not anti-constitutional) structure the law so that the poor can benefit and
have access to law appreciate all forms of tenure formalization should be demand-driven
good example: Mozambique
Findings and Messages
Capacitycapacity building of all actors about policy /
legal framework specific efforts to inform / build capacities of
marginalised and vulnerable groups involve local / traditional leadership provide training to the grassroots –
particularly targeted groups strengthen the communal systems
Findings and Messages
Institutional Framework decentralize systems devolution of state powers in resource
management to the local communities to have joint / shared management responsibility
affordable efficient and accessible local land institutions
accountable institutions alternative dispute resolution by NGOs give recognition and authority to local social
institutions that provide moral support and solidarity
Findings and Messages
Information, Communication, Awareness guarantee access to information address NGOs and paralegals provide access to legal support organize legal advice centres for marginalized set up village systems of document registration language and format must be appropriate simplify / translate laws
Findings and Messages
Representation gender and vulnerable groups (women,
orphans, pastoralists, fisherfolk, hunter-gatherers, people with disabilities, IDPs / squatters, informal settlers)
include critical voices about formalization in discussions and debates
empowerment of end users, the people, the vulnerable
promote community info centres
Findings and Messages
Sustainable Fundingcost sharing: government, donors independent fund funding of the government, the poor, NGOs financial support for vulnerable groups
