1. Guiding Principles on Large Scale Land Based Investments in Africa: Towards Effective Implementation Joan Kagwanja 16th World Bank Conference on Land and Poverty Washington, D.C., USA 23 – 27 March 2015

2. April 2009 July 2009 October 2011 May 2014 March 2006 Africa’s commitments on Land Governance…

3. Why Principles on LSLBI ?  Envisaged potential of LSLBI not realized to date (technology transfer, yield gap, poverty reduction, etc.)  unintended implications - on women, smallholder producers, communities  Non-compliance with existing regulations, prone to rent-seeking, accountabilities unclear  Tension between development priorities and profit motives of investments

4. Why African Guiding Principles?  A request by AU member states/ non state actors  Inspired by African decisions (CAADP, F&G, Declaration on Land, Nairobi Plan of Action)  Building on global processes VGs; RAI; Transparency Initiative and promote coherence  To provide policy direction and guidance to inform LSLBI in African agriculture  To provide the basis for commitment, solidarity and collective responsibility improve the governance of LSLBI in Africa

5. Specific Objectives  Provide direction on how to realize investments which are sustainable and profitable to African economies and people  Create basis for effective coordination, cooperation and collective responsibility amongst AU Members  Provide investors and investor countries with a tool to inform their engagement with African governments and institutions  Provide basis for developing an M&E framework to monitor LSLBI in Africa  Provide basis for review of existing LSLBI contracts and capacity building on LSLBI

6. 1. Dialogues on LSLBI in Africa (2010-2011) 2. Nairobi Action Plan on LSLBI adopted (Oct 2011) 3. Assessment studies on LSLBI in Africa (2013) 5. preparation, consultations and review of GPs LSLBI (Jan- Jan-Mar 2014) 7. Decision by AU Summit (May 2014) Developing the GPs… 6.Endorsement ofGPs on LSLBI byAU Ministers (Mar 2014)

7. Fundamental Principles FP1: LSLBL Respect the Human Rights of Communities and contribute to responsible governance of land and related resources FP2: Investments informed by and contribute to development strategies and priorities of States FP3: LSLBI based on good governance of land and related resources FP4: LSLBI respect the rights of women, their voice generate meaningful opportunities for women and do not further their mariginalisation FP5: Decisions on the desirability and feasibility of LSLBI are made based on independent, holistic assessment of the economic, financial, social and environmental costs and benefits FP6: Members states uphold high standards of cooperation, collaboration and mutual accountability to ensure LSLBI are beneficial to African economies and their people.

8. Operationalising the GPS: Mapping Stakeholders for targeted interventions and impact…

9. Interventions needed…  Awareness raising and dialogue for shared ownership of Guiding Principles – advocacy materials, dissemination, consultation, advocacy  Research --solid evidence base and data  Knowledge sharing for collective learning – continental platform required (continental, regional, national, local)  Capacity development---review existing LSLBI for alignment to GPs (political will); negotiation skills, assessments; institutional development  Ongoing engagement with related global processes – global solidarity  Facilitate partnerships and engagement (CSO, private sector etc) – inclusiveness  Implement Guiding Principles in consideration of other land governance frameworks – coherence  Monitoring frameworks—Indicators, Data and statistics

10. FP1: Respect the Human Rights of Communities /contribute to responsible governance of land PrinciplesStakeholdersIntervention P1. Respect recognize customarily rights; MOL/Land Commissions/ Traditional leaders, local government, CSOs, investors Research, Advocacy; Training; technical assistance P2. Fair, timely compensatio n for lost land rights and lost benefits Investors, MOA/L, Investment bureaus, District/local authorities; dispute tribunals; land & local courts; Research, capacity development, M&E

11. FP1: Respect the Human Rights of Communities /contribute to responsible governance of land, cont’d PrinciplesStakeholdersIntervention P3. Supportive legal, policy, institutional environment MOL, Land Commissions, MOA, MOP/F, parliaments Research; Advocacy; Training; Program development; M&E P4. Transparency throughout District/local authorities; investors community leaders; anti-corruption authority Research; Advocacy; Training; Program development; M&E

12. FP2: LSLBI contribute to national plan for sustainable agricultural development PrinciplesStakeholdersIntervention P5. LSLBI which lead to shared prosperity, inter- generational equity, and minimize land transfers from local communities MOA/Investment Bureaus; Private Sector/investors;; MOL, Statistics Bureaus, Investment Bureaus; local government, Parliament, CSO, Awareness raising; capacity development; research; Data and M&E;

13. FP3. LSLBI decisions based on good governance principles PrinciplesStakeholdersIntervention P6. Effective and decentralized land administration systems District/local authorities; dispute tribunals; land & local courts; local land boards/community leaders; anti-corruption authority Awareness raising; capacity development; technical assistance; research; M&E P7. LSLBI do not lead to unplanned and unregulated conversion of agricultural lands MOA, MOL, CSO, land commissions, traditional leaders, local government, CSOs Research; capacity development; M&E; CSO; parliaments; P8. Develop mechanisms to prevent corruption, disputes & settlement Communities Anti Corruption Agencies, dispute resolution tribunals, judiciary, land/local courts, Awareness raising; Capacity Development; Technical assistance

14. FP3. LSLBI observe good governance principles, cont’d PrinciplesStakeholdersIntervention P9. Communities make meaningful contribution through prior informed consultation MOL, Land Commissions, investment bureaus, investors, traditional leaders, CSOs, producer organisations, etc Awareness raising; capacity development, M&E P10. Develop capacity of communities to negotiate benefits, compensation etc. Traditional leaders, farmers organisations, cooperatives, CSOs Awareness raising, capacity development; communication ; M&E

15. FP4. LSLBI respect the rights of women PrinciplesStakeholdersIntervention P11. Promote respect for gender equality in land governance through national laws Traditional leaders, CSOs, MOL, Land Commissions, MOA, MOP/F, producer org, investors, parliaments Awareness raising; Capacity Development; Technical assistance; M&E P12. Respect for women’s right to own, access and use land under different tenure regimes Traditional leaders, CSOs, MOL, Land Commissions, MOA, MOP/F, producer org, Parliaments, investors Traditional leaders, CSOs, MOL, Land Commissions, MOA, MOP/F, M&E P13. LSLBI contribute to SD- gender sensitive broad based employment creation Traditional leaders, CSOs, MOL, investors, MOA, MOP/F, investment bureaus, Parliaments Traditional leaders, CSOs, MOL, Land Commissions, MOA, MOP/F, M&E

16. FP5: LSLBI Minimise Risks/Maximise Benefits PrinciplesStakeholdersIntervention P14. LSLBI are commercially viable, profitable to provide max benefits to national economy and improve livelihoods Policy institutes, investors, environment Protection Agencies, traditional leaders, CSOs, producer organisations, etc Research, data and statistics; KM/sharing, capacity D P15. Rigorous holistic, independent environmental and social impact assessments Policy institutes, investors, environment Protection Agencies, traditional leaders, CSOs, producer organisations, etc Research, data and statistics; KM/sharing, capacity D P16. gradual increase in land based on demonstrated capacity to utilize land effectively MOA, MOL, traditional authorities, Policy institutes, investors, environment Protection Agencies, traditional leaders, CSOs, Research, data and statistics; KM/sharing, capacity D

17. PF6: Cooperation, Mutual Accountability and M&E PrinciplesStakeholdersInterventio n P17: Solidarity, cooperation, collective responsibility and mutual accountability within and across countries to implement GPs AUC, ECA, AfDB, LPI, NPCA, RECs, FAO, DPs, G8/20, national governments, African Missions abroad, M&E, capacity developm ent, KM platforms P18: Develop M&E framework and associated standardized indicators AUC, ECA, AfDB, LPI, NPCA, RECs, FAO, DPs, national governments (MOL, Investment bureaus, BOS, G8/20, African Missions abroad, African Missions abroad, M&E, capacity developm ent, KM platforms P19: Peer learning across countries, regions and continents to improve benefits and minimize impacts AUC, ECA, AfDB, LPI, FAO, NPCA, RECs, national governments (MOL, Investment bureaus, BOS, M&E, KM platforms;

18. Recommendations, Conclusions and Way Forward

19. Thank You Email: landpolicy@uneca.org Website: www.uneca.org/lpilandpolicy@uneca.orgwww.uneca.org/lpi