1. Chisomo Gunda World Bank Conference on Land and Poverty 23 rd to 27 th March 2015 SCALABLE APPROACHES TO IMPROVING TENURE SECURITY AND THEIR IMPACTS IN IRRIGATION SCHEMES; LESSONS FROM MALAWI AND KENYA

2. GLTN BRIEFING AND PROGRAMME Malawi Country Context  Introduction  The Malawi Irrigation Legal Framework Tools: Looking to the Future  Land and Water Management Agreements in Public Irrigation Schemes on Customary Land; The IRLAD Project Experience  Recommendations for Potential New Project Designs Kenya Country Context  Introduction  Issues and Challenges in Water Resources Management in Kenya  Irrigation Potential in Kenya  Legal and Institutional Framework for Water Sector in Kenya  Strengthening the Land and Water Rights: The Case of Ragati WRUA and the Upper Tana Natural Resources Management (UTaNRM) Project Lessons learned in Malawi and Kenya Conclusion Presentation Flow OVERVIEW Partner Logo 1Partner Logo 2Partner Log 3

3. GLTN BRIEFING AND PROGRAMME INTRODUCTION MALAWI COUNTRY CONTEXT Malawi Government is in the process of reviewing its Land Law drafted in 2003. The National Irrigation Master Plan currently under development plans to Government plan is to develop at least 200,000 ha of new irrigated land. IRLADP Project (2006-2014) has developed 5,105 ha of new irrigated land. The IRLAD Project significantly up-scaled the Water Users Association (WUA) concept based on the Irrigation Act (2001). WUA in Malawi emphasize on community based farmer organized operation and maintenance of irrigation schemes; hence no government financial support in maintenance of irrigation schemes expected. Through the IRLAD Project, government handed over maintenance responsibility to WUAs. Land tenure of government-owned schemes changed from Public to Private where the WUAs took over title ship. Newly constructed irrigation schemes were developed on customary land and no transfer of title took place. This was due to the thinking that the New Land Law would easily facilitate transfer of title to WUAs. Partner Logo 1Partner Logo 2Partner Logo 3

4. GLTN BRIEFING AND PROGRAMME THE MALAWI IRRIGATION LEGAL FRAMEWORK TOOLS: LOOKING TO THE FUTURE MALAWI COUNTRY CONTEXT The Malawi Irrigation Act (2001) mandates establishment of WUAs with every establishment of a Public Irrigation Facility. WUAs are registered under the Trustees Incorporation Act. The Irrigation sector is seeking to get a stand alone, WUA specific law within the Irrigation Act or the Water Resources Act under which the WUAs can be registered. Independent WUA registration expected to improve efficiency in the process of registration of ordinary Associations The Land Law in Malawi provides for a 66 year tenure period. All Newly constructed schemes have not been leased under the prevailing land law despite the registration of the WUAs therein. In the New Land Law such Land where Public Investments have been established will have to automatically change tenure to private for the WUA to become new holders. The New Land Law is yet to be enacted.

5. GLTN BRIEFING AND PROGRAMME LAND AND WATER MANAGEMENT AGREEMENTS IN PUBLIC IRRIGATION SCHEMES ON CUSTOMARY LAND; THE IRLAD PROJECT EXPERIENCE. MALAWI COUNTRY CONTEXT The IRLAD) Project [2006-2014] was a Ministry of Agriculture Project funded by IDA and IFAD aimed at rehabilitating previously Government owned irrigation facilities (2,687ha) and constructed new ones (2,318ha). All new constructions were done on customary land under the administration of local leaders. Current land law recommends a system of transfer of tenure of such land holding to private following a set procedure which is quite lengthy and bureaucratic. Under the circumstances it was believed that it will be best to align application of the new law to apply the legal requirements that will be more effective. Therefore the WUAs in the newly constructed irrigation sites under the IRLAD Project are yet to assume the lease title holder therein. As soon as the President ascends to the Bill, the law will be in place and WUAs will assume title holder of the land under the schemes.

6. GLTN BRIEFING AND PROGRAMME MALAWI COUNTRY CONTEXT Land issues in Malawi need to be properly governed. The new land law is crucial to normalizing the many bureaucracies experienced under the current law. Public investments need to be protected under strong land laws to protect subsistence farmers legally. Adequate security through formal written documents is ideal to protect farmers production capacity. Monitoring and review of any informal agreements is pertinent to ensure that the process of dialogue is opened for farmer security in accessing productive land. Population increase has a direct impact on land pressure for subsistence food production. Recommendations for Potential New Project Designs

7. GLTN BRIEFING AND PROGRAMME INTRODUCTION KENYA COUNTRY CONTEXT Kenya has a total land area of 592,901 square KM. 98% of which is land. The Agriculture Sector remains the backbone of the economy, providing 80% of export earnings. The population of Kenya is estimated at 31.3 million with an annual growth rate of 1.8%. 75% of the population live in the arid and semi arid lands (ASALs). The high rainfall zone of the country occupies less than 20% of the productive Agricultural land and 50% of the country’s population. The Agriculture sector share of the GDP has declined from 40% in the 1970s to about 20% in 2001. Kenya is classified as a water-scarce country by WHO standards. 40% of the renewable water has potential for development. Remaining 60% required to sustain the flows in rivers and safeguard biodiversity. Mt Kenya are is classified as high agric potential but declining over time due to land degradation, declining soil fertility and climate change. Other sectors affected include power supply and domestic water supply.

8. GLTN BRIEFING AND PROGRAMME ISSUES AND CHALLENGES IN WATER RESOURCES MANAGEMENT IN KENYA There are highly underdeveloped water resources (13%-19%) in Kenya. Kenya experiences extremely variable climate conditions that affects patterns of natural flow of water, and water storage is a challenge due to high investment costs. Catchment degradation continues to cause increased runoff, flash floods, reduced infiltration, erosion and siltation. Inadequate water resources assessment and monitoring technologies. Lack of joint management initiatives on trans boundary water resources management and utilization opportunities. Degradation of water resources due to over abstraction, inappropriate land use changes, soil erosion and siltation of water courses amongst others. Other issues include weak catchment management, pollution control and water allocation mechanisms.  The Government of Kenya is in the process of reviewing the whole water resources sector in line with national policy as outlined in the National Poverty Reduction Strategy Paper, the Economic Strategy for Wealth and Empowerment Creation and Water Act of 2002, and takes on an integrated management approach. KENYA COUNTRY CONTEXT

9. GLTN BRIEFING AND PROGRAMME IRRIGATION POTENTIAL IN KENYA KENYA COUNTRY CONTEXT Although the potential for irrigation in Kenya is high, the expansion for new irrigated areas is at 5% of the irrigable land. Options include water harvesting, storage and exploitation of groundwater resources and improvement in water efficiency. Irrigation development is generally challenged because of low availability of water for irrigation, caused by degradation. Increasing siltation in water bodies. Lack of maintenance of existing irrigation infrastructures. Illegal abstraction of water.  In an effort to maximize efficiency in irrigation potential in Kenya, the country has designed a Project to upgrade 1,000ha of irrigation schemes where high value crop will be grown using water-efficient irrigation technologies.

10. GLTN BRIEFING AND PROGRAMME THE COUNTRY LEGAL AND COUNTRY INSTITUTIONAL FRAMEWORK KENYA COUNTRY CONTEXT Fundamental objectives enshrined in the Water Act (2002). The National Water Policy on Water Resources Management and Development provides the Policy direction to address the mentioned challenges. The National Water Resources Management Strategy (2010) that further outlines detail on specific water resources development. Under the Water Act, government established two entities to deal with different aspects of the water sector; the Water Resources Management Authority (WRMA) and Water Services Regulatory Board (WSRB) for the water supply. WRMA provides for creation of Irrigation based Water Users Associations and Catchment Area Advisory Services Committees. WSRB issues licenses to water service providers, determines standards for Water provision, monitor compliance, develop guidelines for fixing tariffs and develop model of performance agreements.  Available framework therefore provides favorable environment and effective water resources management leading to improved livelihoods.

11. GLTN BRIEFING AND PROGRAMME Institutional Framework for the Water Sector KENYA COUNTRY CONTEXT Partner Logo 1Partner Logo 2Partner Logo 3 THE KENYA SCENARIO

12. GLTN BRIEFING AND PROGRAMME STRENGTHENING LAND AND WATER RIGHTS; THE CASE OF RAGATI RIVER WRUA AND UPPER TANA NATURAL RESOURCE MANAGEMENT PROJECT (UTANRM) KENYA COUNTRY CONTEXT Ragati Sub Catchment starts from inside Mt Kenya in NE and extends to Sagana river in the SW. The Ragati river has 6 tributaries and several springs, wetlands and dams with two distinct rainy seasons. The WRUA was formed in 2009 to solve problems experienced at that time like illegal water abstraction, water scarcity, pollution from factories, industries, river bank cultivation, soil erosion and encroachment. The New UTaNRM Project aims at building capacity of Water Resources Users Associations (WRUAs) using PRA to develop Sub-Catchment Management Plans (SCMP); soil and water conservation; agroforestry; water saving irrigation technologies and maintenance of small irrigation schemes. Through the same Project, the WRUA underwent training on the Water Sector Reforms. Ragati WRUA has since laid down a strategy that emphasizes on safeguarding the reserve while meeting future demands and options through sub catchment water infrastructure improvement.

13. GLTN BRIEFING AND PROGRAMME WATER PROGRAMMES MUST TAKE INTO ACCOUNT THE LAND TENURE ISSUES RAISED BY THEIR INTERVENTIONS. THIS REQUIRES:- LESSONS LEARNED IN MALAWI AND KENYA Preliminary research to understand complex and history-loaded systems of resource tenure; Mainstreaming land aspects in decisions concerning provision of water infrastructure including location, whether to build, its nature, management regime and even name; Full consultation of local resource users in the design and implementation of water programmes, promoting dialogue and negotiation among all affected stakeholders; Recordation of local land and water rights; Compensation in cash or in kind (e.g through ‘access’ to improved plots) for loss or erosion of land rights as a result of water programmes; and Clarity on who has right over what after the programme intervention.

14. SCALABLE APPROACHES TO IMPROVING TENURE SECURITY AND THEIR IMPACTS IN IRRIGATION SCHEMES; LESSONS FROM MALAWI AND KENYA NEED TO KNOW MORE? Contact 1.Chisomo Gunda. [chisomo.gunda@irladp.org or chisomogunda@gmail.com]chisomogunda@gmail.com