1. 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, August 2017

2. 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

3. 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

4. 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

5. 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

6. 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

7. 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

8. 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)

9. 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

10. 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*

11. 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

12. 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

13. 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