the au agenda on land: focus on large scale land … policy...the au agenda on land: focus on large...

The AU Agenda on Land: Focus on

Large Scale Land Based Investments

in Agriculture

SADC

Pan African Parliament

Midrand, SA

11-12 August 2014

LAND POLICY INITIATIVE

Contents

• The land question in Africa

• Africa’s commitments on land

governance

– AU Declaration; F&G; NAP

• Guiding Principles on Large Scale Land

Based Investments

Low agricultureproductivity/development

Increased food insecurity; low economic development; increased poverty; natural

resource degradation

Insecure land/ natural resource rights and tenure

•Pluralistic property regimes•State sovereignty over land •Displacement •Land allocation

•Discrimination against women•Lack of representation•Inalienable aspect land•Communal land ownership

Poor/unresponsiveland administration

•Centralized structures•Lack of transparency•Inadequate consultation•Low access to info•Corruption•Elite capture//llandgrab

Unequal land distribution

Low human resource capacity

Poor financial resources

Inadequate/inappropriate policies/legislation

Poor land Information

Systems (LIS),

Low Investment on land

Poor/insecure access to land/ increased vulnerability

Increased land disputes/insecurity /vulnerability

Poor/ low urbandevelopment

Poor/unsustainablenatural resourcemanagement

Colonial Legacy Cultural Practices Poor Governance

Low/Inadequate implementation•High cost/long period to secure rights•unfair land allocations

Land related Issues in Africa are complex...

Varied priorities across regions– making

continental prioritization difficult…

East Africa

• Legal pluralism

• Protection of the

environment

• Women and vulnerable

groups

• Conflict

Southern Africa

• Inequality of access

• Security of tenure

• Dualism

• Harmonization of

policies

North Africa

• Environmental degradation

• insecurity of tenure

• Gender inequality

• Low productivity on land

resources

West Africa

• National resources

• Climate change

• Insecurity of tenure

• Vulnerable

populations

Central Africa

• Natural resources

• Informal settlements

• Vulnerable

populations

• Conflict

Though there are areas of commonality across the continent such as gender issues and

tenure systems, the focus issues for land governance reform will vary by region, making

a continental prioritization of limited utility

Research/

Analysis of

Policy Options

Policy review

and/or

development

Policy

Implementati

on

Monitoring

and

Evaluation

Identification

of Policy Issue/

Constraint

Collaborators AU/LPI, RECs, Governments, Development

partners (Financial, Capacity/Technical Support)

P

O

L

I

C

Y

I

M

P

R

O

V

E

D

Policy

Dialogue/

Advocacy

Stakeholders

(land users,

farmers, private

sector) FOs,

NGOs, business

associations,

Parliamentarians

Research/knowl

edge generation

(research, think

tanks,

Academia.

Parliamentarian

s?)

Policymakers

(Legislators,

Parliament,

Executive)

Policy

Implementers

(Executive

Branch,

Judiciary,

Ministries)

Oversight/

Monitoring

(Parliament,

line

ministries,

CSOs, etc)

ECAAU-ECA-AfDB Land Policy

Initiative

Build evidence, partnerships/Synergies/coherence/Commitment in support of land Reforms

Lack of sustainabledonor support

Cross-boarder aspects of land

related disputes/issues

Incoherent involvement of actors/partners

Inadequate lessons learning in policy formulation/implementation

Low political will/commitmentby African govts

A Regional Response to land

challenges?

AU-ECA-AfDB

Land Policy

InitiativeLack of sustainable

donor support

Cross-boarder aspects of land

related disputes/issues

Incoherent involvement

of actors/partners

Inadequate lessons

learning in policy

formulation/implementati

on

Low political will/commitment

by African govts

Framework/guidelines

on land policy in Africa (F&G)

Benchmarks/indicators

On land policy and governance

Build evidence, partnerships/Synergies/coherence/commitmentin support of land Reforms

Regional/continental multi-stakeholder assessmentsdialogue, consultation and consensus on land reform

AU Declaration

on land on Land Issues and

Challenges

Monitoring &EvaluationFramework with Benchmarks/

indicators

Implementing entity/

mechanism

AU-ECA-AfDB Land Policy Initiative

Framework/guidelineson land policy in Africa

(F&G)

Benchmarks/indicators

On land policy and governance



AU Declaration on land on Land Issues and Challenges


Cross-boarder aspects of land related disputes/issues




Monitoring &EvaluationFramework with Benchmarks/indicators


mechanism

Increased political/

other commitment of

African governments

Increased

support of

Dev, partners

Timely/

appropriate

land policies;

effective

administration

Increased

monitoring

of reforms/processes

Improved land

governance•Equity in land

distribution

•Secure land rights

•Reduced land

disputes

-Sustainable

NRM

-Agricultural

transformation

-urban

development

Resources,

technical

capacity,

synergies/

coordination

AU-ECA-AfDB Land Policy Initiative

Framework/guidelineson land policy in Africa

(F&G)

Benchmarks/indicatorsOn land policy and

governance



AU Declaration on land on Land Issues and Challenges

Increased political/ other commitment of African governments

Increased support of development partners

Timely/appropriate land policies; effective administration

Increased monitoringof reforms/processes

Improved land governance•Equity in land distribution•Secure land rights•Reduced land disputes

-Agricultural transformation-urban development


Cross-boarder aspects of land related disputes/issues




Monitoring &EvaluationFramework with Benchmarks/indicators


mechanism

Resources, technical capacity,

synergies/ coordination

The Land Policy Initiative (LPI)

Africa’s commitments/1

(AU Declaration and F&G)

The AU Declaration on Land

calls on Member States

to:

• Prioritise and initiative

land policy development

and implementation in a

participatory and

consultative manner

• Set up appropriate

institutional mechanism;

and

• Allocate adequate

budgetary resources

Africa’s commitments/2

(Nairobi Action Plan)

• Assessment on LSLBI

• Principles and

recommendations

• Capacity Support

• M&E on LSLBIs

• Improved Policy and

regulatory framework

Political will, partnerships, skills/capacity and

financial resources are key

Driver of land continental

policy and advocacy to

ensure that land remains

a priority in the policy

agenda

Creating continental and

regional land platforms

that enhances

coordination in the land

sector

Leadership on the land

sector including: setting the

agenda on land issues,

acting as a repository of

knowledge and

representing Africa on

global platforms

Matchmaking of

technical assistance and

funding available

between different actors

ALPC--Implementing entity to steer

other Actors

(Global, continental, regional, national)

Continental institutions and RECs key implementers

of AU Declaration

• Provide an already

established platform for

engagement with member

states

• Lack of capacity is a

constraint in many

• Can be influential in land

advocacy

• well positioned to monitor

the progress of land reform

members

• Should be assisted to

enhance capacity and

understanding of land

issues

AUC, UNECA, AfDB

PAP, NPCA, etc

Findings

SADCCOME

SA

ECCAS IGAD

ECO

WAS

CEN-

SADEACAMU

Strategic Plan: Objectives

1. Enhance LPI Capacity to

implement declaration

2. Mainstream land in the African

developmental agenda

3. Build synergies, coordination,

partnerships & mobilise

resource

4. Promote communication and

advocacy

5. Research and knowledge

generation

6. Capacity development

7. Knowledge management

8. Monitoring and Evaluation

Monitoring and Evaluation Framework

Identifying Thematic Areas

Indicator Thematic

Areas

• Land policy development in a participatory

forum

• Land policy framework is available with a

costed action plan

• Customary tenure recognition for both urban

and rural areas

• Institutions solely focused on land issues

with clear mandates

Specific Indicators

Legal and

institutional

framework

1

Security of tenure of

women and children

2

• Acknowledgement of women's individual

land rights in law either thorough customary

of statutory law

• The law provides opportunities for those

holding land under customary ,group or

collective tenure to fully or partially

individualize land ownership and use

• Procedures for registration of tenure are

clearly specified, safeguarded and followed in

practice

• Proportion of women with documented land

rights

Proposed a continental monitoring and evaluation

framework MEF) with specific indicators (1/3)

Indicator Thematic

Areas • Existence of formal mechanisms for land management

and land administration

• Ease of registration of property

• Affordability of registration of property

• % of land that is registered

• % of communal land that is registered

• Access to justice / recourse to enforce land rights

• Percentage of landless / homeless / squatting

households

Specific Indicators

Equitable land

systems

3

Land Management

Systems

(accessible/efficient)

4

• Land is mapped and rights are registered

• Land acquisition generates few conflicts and these are

addressed expeditiously and transparently

• Land use restrictions on rural land parcels

• Public institutions involved in land acquisition operate in

a clear and transparent manner

• Incentives for investors are clear, transparent and

consistent

• There are direct and transparent negotiations between

right holders and investors

• Social and environmental requirements for large scale

investments in agriculture are clearly defined and

implemented

• There are avenues to lodge complaints if agricultural

investors do not comply with requirements

MEF with specific indicators(2 of 3)

Indicator

Thematic Areas

• % of national budget allocated to land

sector

• % of land policy needs covered by

national budget

• % of composition of donor funds in

national land budget

• % of total and budget allocated to

capacity building of staff dealing with

land

Specific

Indicators

Resource Allocation

5

MEF with specific indicators (3/3)

Continental M&E Process

Large Scale Land Based Investments…

Nairobi Action Plan

• Assessment on LSLBI

• Principles and

recommendations

• Capacity Support

• M&E on LSLBIs

• Improved Policy and

regulatory framework

Why Principles on LSLBI ?

Envisaged potential of LSLBI not realized to

date (yield gap, poverty reduction, technology

transfer etc.)

considerable unintended implications with

particular impacts on women and other

smallholder farmers

non-compliance with existing regulations,

prone to rent-seeking, accountabilities often

unclear

Tension between development priorities and

profit motives of investments

24

Why African Guiding Principles?

A request by AU member states/ non state

actors

Inspired by African decisions (CAADP, F&G,

Declaration on Land, Nairobi Plan of Action)

Building on global processes VGs; RAI;

Transparency Initiative and promote coherence

To provide policy direction and guidance to

inform LSLBI in African agriculture

To provide the basis for commitment, solidarity

and collective responsibility improve the

governance of LSLBI in Africa

25

Specific Objectives

Provide direction on how to realize investments

which are sustainable and profitable to African

economies and people

Create basis for effective coordination,

cooperation and collective responsibility/

solidarity amongst AU Members

Provide investors and investor countries with a

tool to inform their engagement with African

governments and institutions

Provide basis for developing an M&E framework to

monitor LSLBI in Africa

Provide basis for review of existing LSLBI

contracts and capacity building on LSLBI

26

Developing the Guiding Principles on LSLBI

Activity Timeline Actors

Assessment of LSLBI in

Africa

May 2013 to Dec

2013

LPI, Experts, Stakeholders

Zero draft Guiding

Principles

Dec 2013 - Jan

2014

LPI, Technical Committee

Preparation and Review

including e-consultation of

GPs

Dec 2013 –March

2014

LPI, Technical Committee,

Drafting team,

Review team, CSO platform

and stakeholders

Review of draft, editing by

LPI institutions Finalisation

of Draft GPS

March 2014 LPI, AUC, AfDB, UNECA

RECs, Technical Committee

Review and endorsement

by AU Experts and

Ministers responsible for

Agriculture and Land

28 April – 02 May

2014

LPI, AUC see Resolution a(vii)

of Ministers

27

Fundamental Principles

1. LSLBL Respect the Human Rights of Communities and

contribute to responsible governance of land and related

resources

2. Investments informed by and contribute to development

strategies and priorities of States

3. LSLBI based on good governance of land and related

resources

4. LSLBI respect the rights of women, their voice generate

meaningful opportunities for women and do not further their

mariginalisation

5. Decisions on the desirability and feasibility of LSLBI are

made based on independent, holistic assessment of the

economic, financial, social and environmental costs and

benefits

6. Members states uphold high standards of cooperation,

collaboration and mutual accountability to ensure LSLBI are

beneficial to African economies and their people.

28

Thank you

http://www.uneca.org/lpi

Email: [email protected]

http://www.uneca.org/lpi

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