LAND POLICY INITIATIVE Implementing the AU Declaration on Land Issues and Challenges What role for Parliamentarians? Joan Kagwanja Chief, LPI
Contents LPI Background and Overview Africa s commitments on land governance AU Declaration; F&G; NAP A new strategy, institutional and funding framework The Role of Parliamentarians
The Land Policy Initiative (LPI)
Africa s commitments/1 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 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
LPI Phase II: 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
African Land Policy Centre (ALPC) Proposed strategy and implementing Framework for the AU Declaration on Land
Implementing Entity and Mechanism
Background Study called for by AU-HSGS in April 2009; Request to report in 2010 LPI Secretariat prepared TOR; Shared with LPI SCM in October 2012 Dalberg Development Consultants recruited in May 2013; study conducted in June-August 2013 Validation workshop held on 30 Sept 2013
Methodology Desk Research: Highlight key gaps in land reform landscape Interviews with Stakeholders/Country Visits to Understand LPI operations/environment Data Analysis and Synthesis Development of Recommendations: Models have trade-offs to be considered in selection of appropriate model
Key Outcomes
African Land Policy Center following a facilitator model Source: Dalberg analysis Coordinate Initiatives of Actors Across Landscape CSOs Donors RECS Coordinate Resources and Knowledge Technical Assistance Think- Tanks Membe r States Financing Research Policy & Advocacy M&E Facilitate Creation of Continental Stakeholder Platform Meeting of stakeholders working on land governance convened periodically to report on progress, discuss new initiatives and share knowledge and best practices Facilitate Creation of Five Regional Stakeholder Platforms Meetings of member states and other actors facilitated by RECs and IM to coordinate land initiatives at a regional/country level, report on progress and share information A Land Policy Center bring together stakeholders to better align land governance reform efforts across the landscape/identify gaps which it could approach partners to fill --To achieve this it will work closely with stakeholders through platforms at continental and regional level, that convene periodically to develop sector / country action plans, report on progress and share knowledge. --The roles the Land Policy Center will play are: Overseer, tracking initiatives across the continent to the country level and identifying overlaps and gaps Knowledge Manager, aggregating data and information from platforms to share best practices and lessons learned Matchmaker of donors / funders / technical assistance with RECs and member states M&E Aggregator, defining and collecting M&E data, tracking progress and reporting to the AU and publicly
Implementing Mechanism Relationship of IE (ALPC) with other stakeholders/partners in the Implementing Mechanism (IM) Consortium Members Work with Consortium members to Operationalize the Framework and Guidelines on Land Policy in Africa Design and implement an M&E framework for land policy development by member states Advocate for increased budgetary allocation for land as a priority area for member states Participate in managing an African Fund for Land Policy RECs, PAP, PAFO Work together to convene regional platforms to address land issues ALPC to Provide technical assistance to address land issues and harmonization of land policy/convergence with regional agenda e.g. economic cooperation initiatives Member States Provide technical assistance in land policy development to member states Technical assistance to member states in strengthening land sector institutions Increased budgetary allocation to the land sector Source: AU Declaration, Dalberg analysis
APLC Objectives and Outputs
Monitoring and Evaluation Framework
Process for Development of Monitoring and Evaluation Framework
Identifying Thematic Areas
Clear theory of change key to continental M&E framework To assist member states in the implementation of the AU Declaration on land Issues and challenges in Africa, in accordance with the Framework and Guidelines on Land Policy in Africa, in order to achieve socio-economic development, peace and security, and environmental Impact sustainability utcomes Protection of land rights for all Efficient land administration systems Equitable land access Land is prioritized in national planning Transparency in land management Land Management in conflict/postconflict Outputs Indicators for Outputs Legal and instituional framework to address land issues Security of tenure for women and vulnerable groups is protected Land administration system that promotes equity Land management system is transparent/accessible Resource allocation ot the land sector 1 2 Creation of 3 4 Advocacy for a Implementatio Knowledge continental n of AU management and regional Declaration land forums Building a sustainable organization
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
Stakeholders Stakeholder roles Role IE Work planning for M&E Coordination of processes and resource mobilization Consolidation of regional data Presentation of M&E results to the AU Summit RECs Identification of relevant ministries, departments and agencies that are custodians of land governance reform data Coordination of M&E process at a regional level including work planning and identification of technical assistance that may be required Consolidation of data from Member States Member States Coordination of different actors for data collection (in countries where there is limited support, RECs will provide technical and management assistance to drive the process at the country level) Stakeholder meeting for validation of data Civil Society Data collection and validation of data Technical support at the country level
What role for parliamentarians in implementing the AU Declaration
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
Strengthen role of parliamentary committee on land governance Legislation Committee stage--technical inputs ---need for strong research/ training Reduce backlog of legislation Cooperation and support of the Ministries; legal and other support to process legislation on land Improving legislative output and increasing co-operation between the executive and legislature
Scrutiny and oversight Investigating land related issues of interest Increase role in M&E of progress for preventive instead of reactive oversight Balance exposing tactics with learn and praise Improve/develop mechanism for reporting back on national commitments on e.g AU Declaration on land; CAADP/Maputo Declaration
Representation Meetings with constituents Interaction with major stakeholders in constituent sectors farmer s organisations (small scale); commercial/private sector Welcome alternative reliable sources of information (research, data, evidence) to improve evidenced based policy making
Specific actions_ land issues of interest by parliamentarians
Large scale land based acquisitions (LSLBAs) Enquiry to examine issues, needs of various stakeholders build evidence for advocacy and action Research on key legal provisions; institutions related to LSLBAs in the realms of land, agriculture etc identify gaps Links and capacity support to parliamentarians, committee son land-nr, agric, and other stakeholders Oversight/monitoring of policies, decisions, commitments
Gender issues in land, agriculture Enquiry to examine issues, needs, legal provisions related to land, gender and agriculture investments Links and capacity support to women parliamentarians, women s caucuses and women farmers What other relevant committees?
Collaboration with AU/LPI, RECs Developing/implementing agenda/projects of the committees responsible for land governance Build synergies with elements in the LPI strategic plan, including: Land governance in CAADP/agricultural investment plans; Improving governance of large scale based acquisitions; increasing access to land and securing rights for women and marginalised groups; Facilitate advocacy--lslbas at local, national, regional and global levels? AU-DL, NAP; CFS-VG, RAI; Post MDG; G8;
Collaboration on Monitoring progress on AU-DL; NAP Strengthen monitoring and performance AU Declaration on land, CAADP, Maputo and other international agreements Regular reports to the committee on progress made on related targets Ensure sharing of good practice among countries
LPI Partners Fora Development Partners LPI role in coordination, harmonisation and alignment of support to land governance in Africa Database of land initiatives in Africa Links to Global donor working group Periodic meetings and reporting through an MEF Implementing Partners Platform for stakeholders on land policy Important role/opportunities engaging with RECs Farmer platforms provide useful entry points for advocacy Research, academia networks How to actively engage with private sector Areas of support identified
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