1. LARGE-SCALE INVESTMENTS IN IRRIGATED AGRICULTURAL PRODUCTION IN THE SENEGAL RIVER VALLEY: MAKING THE MOST OF OPPORTUNITIES TO EXPAND DECENTRALIZED AND PARTICIPATORY LAND GOVERNANCE Alain Diouf, MCA-Senegal Kent Elbow, MCC Land Team Oumou Kalsoum Seck, MCA-Senegal Annual World Bank Conference on Land and Poverty 2015

2. Focus of our paper: Distinction between: Programmed activities: implementation of the MCA Land Tenure Security Activity Non-programmed activities: taking advantage of (often unanticipated) opportunities to promote and expand good local land governance Both are important! Our paper highlights the second

3. Longstanding magnet for development of irrigated agriculture Land is managed by local governments History and continuing specter of land conflict (sometimes framed as family farms versus non-resident investors) Context: Defining Features of the Senegal River Valley

4. 4 Development assumptions in the Senegal River Valley Economic prospects rest on expansion and sustainability of irrigated agricultural production Need to identify and secure existing land rights – while expanding access to land to new actors and new investment – both local and non-local

5. Context of the Land Tenure Security Activity LTSA Intervention Zone: 4 communities in Delta and 5 communities in Podor LTSA is a component of the MCA IWRM Project: $170m investment Safeguard and expand production on over 35,000 ha Add 7,800 ha irrigable surface area Construct 450 ha irrigated perimeter

6. 6 Objectives of the Land Tenure Security Activity  Build on the “3 pillars” model: Actors – Space – Tools  Ensure Good Local Land Governance  Achieve agricultural development that balances family farming with private investment

7.  Formalize land rights and deliver titles to untitled « legitimate » rights holders  Develop and apply « participatory » land allocation criteria  Enhance capacity of local actors to manage land tenure  Improve and apply existing land management tools (land use plans, investment rules, land registries, land information system and procedures manuals) LTSA activities designed to achieve targeted results

8. Select LTSA program results achieved to present Phase 1 (Sept 2010 – March 2012): Land rights inventories covering 58 151 ha Geo-referenced database 9 sets of community-specific land allocation criteria Series of detailed baseline studies (état des lieux)

9. Select LTSA program results achieved to present Phase 2 (Feb 2013 – July 2015): Application of land allocation criteria for 450 ha Ngallenka perimeter; organization and training of 53 producer groups Over 2,000 applications for titles now being processed (target = 3,500) 62% (Delta) and 67% (Ngallenka) of identified land conflicts are resolved Nearly 1,500 stakeholders trained 9 land information systems installed Improved land management tools are operational Local land use plans are revised and implemented

10. Land Tenure Security Activity: Extra-program opportunities Establishing feedback loops between project results, policy formulation and policy implementation Leadership of land tenure working group of the Presidential Investment Advisory Council Participation in the working group of the Land Tenure Reform Commission Design and implementation of training on decentralization “Act 3”

11. SEN HUILE/SEN ETHANOL PRIVATE INVESTMENT MCA facilitated implementation of elements of its local land governance model including: Identification of local stake-holding groups, including producers, customary land managers, civil society organizations, and decision makers in both decentralized and de-concentrated governments. Dialogue with the identified stakeholders, accompanied by a process of public validation of decisions taken at each step of the dialogue. Meetings of all parties for confirmation of the agreement. Duration of the process: one full year

12. PDIDAS commitment: Community-based land management Access to developed land for non-resident investors. Challenging legal context: Communes may only confer use rights titles Only the central government may matriculate land to obtain or confer full property rights Once matriculated in the name of the central government land may be co-managed by the central and local governments, or transferred to local collectives (governments) by establishing a lease. Lending a hand to public Investments in the SRV: Project for Inclusive and Sustainable Agribusiness in Senegal

13. MCA legal analysis yielded the following solution to the legal challenges and ensured fulfillment of the PDIDAS commitment: 1.Matriculate the land in the name of the state 2.Lease the land to the Commune 3.Sub-lease through the Commune to private investors.

14. Considerations regarding the Land Administration Domain Model (LADM) The Land Information System designed and installed in the 9 communes of the LTSA intervention zone was designed in view of LADM standards, including provisions for “parties,” “administrative units” and “spatial units.” The LTSA LIS is designed in view of land tenure legislation in Senegal. While customary land rights are not recognized in Senegalese law they are inventoried and formalized with support from LTSA, thereby moving the formerly undocumented rights into the category of formal land rights. The LTSA LIS is designed to be flexible and responsive to Senegalese land tenure laws and practices as they evolve.

15. THANK YOU