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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
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
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
Monitoring &EvaluationFramework with Benchmarks/indicators
Implementing entity/
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
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
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
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
Monitoring &EvaluationFramework with Benchmarks/indicators
Implementing entity/
mechanism
Resources, technical capacity,
synergies/ coordination
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
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)
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.
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