guiding principles on large scale land based investments in africa: towards effective implementation...
TRANSCRIPT
Guiding Principles on Large Scale Land Based
Investments in Africa: Towards Effective Implementation
Joan Kagwanja16th World Bank Conference on Land and Poverty
Washington, D.C., USA 23 – 27 March 2015
April 2009
July 2009
October 2011
May 2014
March 2006
Africa’s commitments on Land Governance…
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
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
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
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 of GPs on LSLBI by AU Ministers (Mar 2014)
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.
Operationalising the GPS: Mapping Stakeholders for targeted interventions
and impact…
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
FP1: Respect the Human Rights of Communities /contribute to responsible
governance of land
Principles Stakeholders Intervention
P1. Respect recognize customarily rights;
MOL/Land Commissions/ Traditional leaders, local government, CSOs, investors
Research, Advocacy; Training; technical assistance
P2. Fair, timely compensation 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
FP1: Respect the Human Rights of Communities /contribute to responsible
governance of land, cont’d
Principles Stakeholders Intervention
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
FP2: LSLBI contribute to national plan for sustainable agricultural
development
Principles Stakeholders InterventionP5. 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;
FP3. LSLBI decisions based on good governance principles
Principles Stakeholders Intervention
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
FP3. LSLBI observe good governance principles, cont’d
Principles Stakeholders Intervention
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
FP4. LSLBI respect the rights of women
Principles Stakeholders Intervention
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
FP5: LSLBI Minimise Risks/Maximise Benefits
Principles Stakeholders Intervention
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
PF6: Cooperation, Mutual Accountability and M&E
Principles Stakeholders Intervention
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 development, 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 development, 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;
Recommendations, Conclusions and Way Forward
