Framework & Guidelines on Land Policy in Africa, AU Declaration on Land Issues and Challenges: Philosophy, objectives and trends Presentation by Sue Mbaya Partnership for Action Conference: Improving Land Governance and Management in Africa Pretoria, 15-17 August 2017

Rationale for F&G ‘Above the line’ ‘Below the line’ Poverty eradication imperative land and agriculture the colonial experience & land in broader economic transformation growing pressure on land (land conflicts; ‘second scramble for Africa’) ‘Below the line’ The post-colonial experience apparent lack of political will for policy transformation emergence of a social elite agenda on land

Context of F&G Demonstrated interest in land policy formation – disparate Range of legislative approaches and norms Absence of platform for guidance by AU Ground swell of demands for ‘inclusion’ N.B. Preceded initiatives actively driving commonality towards land governance Informed by growing awareness of ‘governance’ – ex APRM Should be read in conjunction with Declaration on Land issues & Challenges

Positioning of F&G A ‘consensus’ platform Expression of Heads of State political will Vision casting document: comprehensive and coordinated land policy Tool for both domestic and foreign policy in relation to land Advocacy tool – women; marginalized rights holders Coordination – progress and ‘accountability’ through reporting Resource mobilization

Key Provisions (1) Optimizing role of land in transformative development Integrating land in decision making processes Balancing pro-poor priorities with market orientation Reforming land governance and delivery systems Equity imperatives (women, indigenous and pastoral rights) Land policy development Conditions precedent (supremacy, participation; equity, indigenous knowledge) Critical steps & considerations in policy development Commitment, strategies and capacities required for policy implementation & monitoring

Key Provisions (2) New pathways: Management of land Land policy considerations for agricultural transformation & urban development Land in other sectors Protection of land and water related ecosystems New pathways: Embracing ‘governance’ terminology in relation to shortcoming in resource tenure Shared principles F&G Principles Equity Subsidiarity Delivery Efficiency Effectiveness Sustainability Transparency Monitor progress Evaluate achievements

Implementing F&G / AU Declaration Pilots to support national land policy processes – e.g. Niger (LPI) AU Guiding Principles in Large Scale Land Based Investments (LPI) Framework for domesticating F&G in West Africa (LPI/ECOWAS) Capacity Development Framework for Land Policy in Africa (LPI/GLTN) Biennial Conference on Land Policy in Africa (LPI) Establishing dialogue and targets for land ownership by women Popularizing the F&G e.g. by Landnet in Malawi Monitoring and Evaluation of Land in Africa (pilot) project (LPI/IFPRI) Benchmark guideline for implementing F&G alongside VGGT (Land Coalition) Establishment of Land Policy Initiative

Application of F&G – Examples Mainstreaming land into NEPAD/CAADP (6 country pilot) Promoting parliamentary engagement in land governance Joint implementation of F&G and VGGT (FAO/LPI) LGAF references F&G principles as inspiration Guidelines on curricula on land governance in Africa In advocacy for good governance in land governance in Africa Supporting establishment of LPI CSO platform (LPI)

Emerging Trends Universal support for AU leadership Referencing of F&G Support from development partners Shortcomings in expected delivery/outcomes Inadequate implementation momentum - slow pace; mostly pilots Inadequate roles and depth of inclusion of ‘stakeholders’ Accountability of AU to stakeholders unclear Gap in linking land to key sectors – housing & urban development; mining

Locating Opportunities – Country Level Commitments in AU Declaration: review land sectors in line with F&G prioritise, initiate and lead land policy development and implementation processes support emergence of the required institutional framework allocate adequate budgets for implementation & monitoring reform laws to ensure equitable access for all users strengthen security of tenure for women*

Locating Opportunities – RECs Commitments in AU Declaration: promote experience sharing, learning and dissemination of best practices appropriately capture developments in land policy development address land policy issues

Locating Opportunities – AU & Partners Assigned roles under the AU Declaration: establish an appropriate institutional framework to provide coordination of follow up activities and facilitate mutual learning establish a fund to support follow up activities establish mechanisms for progress tracking and periodic reporting by Member States

Locating Opportunities – Moments and Processes Malabo declaration and reporting on agricultural and other related AU commitments CAADP results framework SDG 2030 agenda Continental conference on land policy