Issues involving ownership and land tenure policies in Africa Land Policy Initiative

1. Issues involving ownership and land tenure policies in Africa Land Policy Initiative Briefing on rural development in Central Africa, Access to land, the acquisition of land and rural development: new issues, new opportunities Yaounde, 27-28 September 2010 AFRICAN UNION

2. Placing the African land tenure question in context • Land is important for development in Africa: it is the basis of • Agricultural production • Stock rearing • Apart from agriculture, the status of the land and access to land are essential to the effectiveness of other development sectors in Africa • Establishing industrial enterprises • Mining operations • Management of the environment and natural resources • Developing the tourist industry • Urban development, etc. • And the land affects the general living standards of the population • Peace and security in general • Food security • Health (access to medicinal plants) • It is an important element in a number of cultural and religious practices

3. A pan-African Land Tenure Initiative • The establishment of an AUC – ECA – AfDB Consortium on land tenure policies • Launch of the Initiative: • Continental consultative workshop • March 2006 (Addis Ababa, Ethiopia) • Results: Elements of an African land tenure concept; agreement on a Road Map towards the development of an LDC (Local Development Centre)… • 2007– 2008: Regional studies/consultations in all regions (5) • Regional studies/ Regional consultations with multiple players • Main messages and recommendations according to each consultation • Development of the LDC outline CLD: March 2009 • Group of major players responsible for drafting • Experts’ consultative group • Adoption of the LDC • Meeting of experts/ African ministers responsible for land issues: (Addis Ababa, April 2009) • Summit of Heads of State (Sirte, Libya, July 2009): declaration by Heads of State on African issues and challenges

4. Regional Studies / Consultations Southern Africa, August 2007 Consortium= AU; SADC Govt. of Namibia; UNDP; Rockefeller Foundation Eastern Africa, January 2008 Consortium= AU; IGAD; Govt. of Rwanda; Rockefeller Foundation; IFAD Western Africa, April 2008 Consortium= AU; ECOWAS; PICDCS [Permanent Inter-state Committee for Drought Control in the Sahel]; Govt. of Burkina Faso; FAO; IFAD Central Africa, August 2008 Consortium= AU; ECCAS; FAO Northern Africa, December 2008 Consortium= AU; CENSAD 4

5. Framework and Guidelines:Justification/ Objectives of the LDC • What the LDC is not • A legally-binding framework • A land tenure model for the States • A tool for harmonising land tenure policy in Africa • What the LCD wants to do: • Urge all the States to make land tenure a priority for development and governance • Call for consensus on the need for fairness, productivity, governance and sustainability • Encourage/ support participatory/inclusive land tenure procedures • Ensure that lessons (positive and negative) and best practice are available to all • Arrive at an African position on land tenure questions as they arise • Establish a foundation for consolidating cooperation and partnership on land tenure issues

6. General Structure of the LDC • General Context • Placing the land tenure question in context • Land tenure in the processes of development • Developing land tenure policies • Policy implementation: Follow-up on, and assessment of, land tenure policies • Conclusion

7. Land tenure problems to be found throughout the continent • Colonial legacy and multiplication of legal systems • State monopoly on land ownership • Inefficient land management systems • Insecure / uncertain land tenure systems • Land tenure exclusions (women, etc.) • Local land tenure conflicts/ national- regional land tenure crises

8. Regional characteristics • Southern Africa • Racially-based land tenure injustice • Impact of HIV on land tenure • Eastern Africa • The region is attractive to direct foreign investment (tourism; agriculture, etc.) • Central Africa • Land tenure problems associated with mining and forestry concessions • Questions associated with indigenous locals • Northern Africa • Land broken up into excessively small holdings • Growing competition for water • Western Africa • Regional Land tenure/ migration/ integration

9. The nature of land tenure in Africa • Ownership is essentially customary • Ownership based on the legitimacy of the group • Joint ownership through lineage/ family • Land ownership claims of the States • In some cases the State claims a sole monopoly • In most cases customary land rights are uncertain and not documented • Importance of secondary land tenure rights • A range of secondary rights granted to work the land (rights to crop; to pasture; forestry rights, etc.)

10. Problems associated with land ownership in Africa • Formal ownership • Not very common on the ground • Complex and expensive management procedures • Weak / corrupt land administration • Customary ownership • Deals with the basics of local land rights • But generally not acknowledged / protected • Local land institutions marginalised / with local governance problems • Unfair land ownership / exclusion problems (women, etc.)

11. Developing land tenure policies • Designing land tenure policy in advance of development • Allowing the land to fully play its part in development • Important that land tenure policy be taken over at national level • Inclusive / participatory processes essential • Innovative local customary principles and local practices can be used to shape land tenure policy procedures • Sound land tenure policies underpin political stability and help consolidate peace

12. Policy development: perception • Land tenure policies must derive from a shared perception, based on: • The aspiration of the African people • The commitments / objectives of the development of the States • Perception offered by the LDC: that the States of Africa should in an inclusive way develop land tenure policies meeting the needs of all parties involved, contributing to political stability, taking account of gender issues, reducing conflict, favouring sustainable resource management, guaranteeing sustainable human development, and ensuring that all players are involved in economic growth and that their standards of living improve.

13. Current situation with regard to land tenure policy • Poorly co-ordinated sector-based approaches • Low level of involvement of players (civil society, private sector, etc.) in policy design procedures • Excessive dependence on funds providers • Low level of powers at national levels, etc.

14. Best practices identified in the development procedure • Upstream identification of problems to be solved • All players involved • Role of civil society and other players • Information/Communication • Preparation of a clear / flexible road map • Support for informed public debate • Combination of legitimacy/ legality regarding land tenure • Design of local decentralised tools to supply basic land tenure services at low cost.

15. Policy implementation: lessons from African experience • Disappointing results at implementation level • Policy and legislation highly ineffective • Low level of resources allocated to implementation • Civil society usually not involved in implementation • All the measures needed to achieve the objectives as set must be identified • Information, communication, involvement of the people • Rights to be made secure • Reorganisation of the land tenure system • Institutional reform

16. Policy implementation: lessons from African experience • Need for political involvement at the highest level • Objections of all kinds must be overcome • Strict implementation strategies • Action plan strategy / implementation • The involvement of the various land tenure players must be maintained • Pilot actions to be initiated before a wider roll-out • Decentralisation of implementation structures • Supplemented by the decentralisation of the State services

17. Follow-up / assessment • Why must land tenure policy be monitored and assessed? • To learn the lessons of successes / setbacks • To allow for adjustments to be made in time • To ensure that the policies are effective • To capitalise on and spread best practices, etc. • Observation: Lack of experience and hesitation on the part of the States • Prospects for developing follow-up/assessment • Follow-up and assessment to be incorporated as an aspect of land tenure policy • Follow-up and assessment should be a matter for development and implementation • Participatory definition of national land tenure indicators … • Tools available for use • National/ regional land tenure oversight committees • The African Peer Review Mechanism (APRM) • Need for partnerships/ exchange of experiences • Towards a network of African follow-up and assessment experts in the field of land tenure policies? • The positive/ constructive role to be played by development partners

18. Conclusion • Clear land tenure policies are now essential for the land to become a factor in development • Land tenure policies must promote the acknowledgement of customary land tenure systems • Land tenure policies must promote local innovative / accessible land tenure management mechanisms • The LDC provides good lessons and best practices which the States can take up • The LDC must be made available to the regional Economic Communities and the States to streamline the development, implementation, follow-up and assessment of their land tenure policies • LPI implementation stage launch: 28 October, Lilongwe, Malawi