The AU Agenda on Land: Focus on Large Scale Land Based Investments in Agriculture

LAND POLICY INITIATIVE The AU Agenda on Land: Focus on Large Scale Land Based Investments in Agriculture SADC Pan African Parliament Midrand, SA 11-12 August 2014

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

Increased food insecurity; low economic development; increased poverty; natural resource degradation Land related Issues in Africa are complex... Colonial Legacy Cultural Practices Poor Governance Pluralistic property regimes State sovereignty over land Displacement Land allocation Discrimination against women Lack of representation Inalienable aspect land Communal land ownership Centralized structures Lack of transparency Inadequate consultation Low access to info Corruption Elite capture//llandgrab Poor financial resources Inadequate/inappropriate policies/legislation Unequal land distribution Poor/unresponsive land administration Low/Inadequate implementation High cost/long period to secure rights unfair land allocations Insecure land/ natural resource rights and tenure Low human resource capacity Poor land Information Systems (LIS), Increased land disputes/insecurity /vulnerability Poor/insecure access to land/ increased vulnerability Low Investment on land Poor/unsustainable natural resource management Low agriculture productivity/ development Poor/ low urban development

Varied priorities across regions making continental prioritization difficult West Africa National resources Climate change Insecurity of tenure Vulnerable populations Central Africa Natural resources Informal settlements Vulnerable populations Conflict North Africa Environmental degradation insecurity of tenure Gender inequality Low productivity on land resources 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 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

Identification Research/ of Policy Issue/ Analysis of Constraint Policy Options Policy Dialogue/ Advocacy Policy review and/or development Policy Implementati on Monitoring and Evaluation P O L I C Y 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) Collaborators AU/LPI, RECs, Governments, Development partners (Financial, Capacity/Technical Support) Oversight/ Monitoring (Parliament, line ministries, CSOs, etc) I M P R O V E D

A Regional Response to land challenges? Low political will/commitment by African govts Lack of sustainable donor support Inadequate lessons learning in policy formulation/implemen tation ECA AU-ECA-AfDB Land Policy Initiative Cross-boarder aspects of land related disputes/issues Incoherent involvement of actors/partners Build evidence, partnerships/ Synergies/coherence/ Commitment in support of land Reforms

Low political will/commitment by African govts Lack of sustainable donor support Inadequate lessons learning in policy formulation/implementati on AU-ECA-AfDB Land Policy Initiative Cross-boarder aspects of land related disputes/issues Incoherent involvement of actors/partners Build evidence, partnerships/ Synergies/coherence/ commitment in support of land Reforms Framework/ guidelines on land policy in Africa (F&G) Regional/continental multi-stakeholder assessments dialogue, consultation and consensus on land reform Benchmarks/indic ators On land policy and governance Implementing entity/ mechanism AU Declaration on land on Land Issues and Challenges Monitoring & Evaluation Framework with Benchmarks/ indicators

Low political will/commitment by African govts Lack of sustainable donor support Inadequate lessons learning in policy formulation/implem entation AU-ECA-AfDB Land Policy Initiative Cross-boarder aspects of land related disputes/issues Incoherent involvement of actors/partners Build evidence, partnerships/ Synergies/coherence/commitment in support of land Reforms Framework/guidelines on land policy in Africa (F&G) Regional/continental multi-stakeholder assessments dialogue, consultation and consensus on land reform Benchmarks/indicator s On land policy and governance Implementing entity/ mechanism AU Declaration on land on Land Issues and Challenges Monitoring &Evaluation Framework with Benchmarks/indicators Increased political/ other commitment of African governments Increased support of Dev, partners Increased monitoring of reforms/processes Resources, technical capacity, synergies/ coordination Timely/ appropriate land policies; effective administration Improved land governance Equity in land distribution Secure land rights Reduced land disputes -Sustainable NRM -Agricultural transformation -urban development

Low political will/commitment by African govts Lack of sustainable donor support Inadequate lessons learning in policy formulation/implem entation AU-ECA-AfDB Land Policy Initiative Cross-boarder aspects of land related disputes/issues Incoherent involvement of actors/partners Framework/guidelines on land policy in Africa (F&G) Build evidence, partnerships/ Synergies/coherence/commitment in support of land Reforms Regional/continental multi-stakeholder assessments dialogue, consultation and consensus on land reform Benchmarks/indicators On land policy and governance Implementing entity/ mechanism AU Declaration on land on Land Issues and Challenges Monitoring &Evaluation Framework with Benchmarks/indicators Increased political/ other commitment of African governments Increased support of development partners Increased monitoring of reforms/processes Resources, technical capacity, synergies/ coordination Timely/ appropriate land policies; effective administration Improved land governance Equity in land distribution Secure land rights Reduced land disputes -Agricultural transformation -urban development

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

ALPC--Implementing entity to steer other Actors (Global, continental, regional, national) Leadership on the land sector including: setting the agenda on land issues, acting as a repository of knowledge and representing Africa on global platforms Driver of land continental policy and advocacy to ensure that land remains a priority in the policy agenda Matchmaking of technical assistance and funding available between different actors Creating continental and regional land platforms that enhances coordination in the land sector

Continental institutions and RECs key implementers of AU Declaration SADC ECO WAS AUC, UNECA, AfDB PAP, NPCA, etc IGAD AMU COME SA CEN- SAD ECCAS EAC Findings 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

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

Proposed a continental monitoring and evaluation framework MEF) with specific indicators (1/3) Indicator Thematic Areas Specific Indicators 1 Legal and institutional framework 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 2 Security of tenure of women and children 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

MEF with specific indicators(2 of 3) 3 Indicator Thematic Areas Equitable land systems 4 Land Management Systems (accessible/efficient) Specific Indicators 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 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 (3/3) 5 Indicator Thematic Areas Resource Allocation Specific Indicators % 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

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 Zero draft Guiding Principles Preparation and Review including e-consultation of GPs Review of draft, editing by LPI institutions Finalisation of Draft GPS Review and endorsement by AU Experts and Ministers responsible for Agriculture and Land May 2013 to Dec 2013 Dec 2013 - Jan 2014 Dec 2013 March 2014 March 2014 28 April 02 May 2014 LPI, Experts, Stakeholders LPI, Technical Committee LPI, Technical Committee, Drafting team, Review team, CSO platform and stakeholders LPI, AUC, AfDB, UNECA RECs, Technical Committee 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 28 beneficial to African economies and their people.

Thank you http://www.uneca.org/lpi Email: landpolicy@uneca.org