support to and captialization on the eu land … · experience sharing and lesson learning in the...

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SUPPORT TO

AND CAPTIALIZATION ON

THE EU LAND GOVERNANCE PROGRAMME IN

AFRICA

(GCP/GLO/539/EC)

Minutes of

First Capitalization meeting

Held on 25 and 26 February 2015

At the

Palais des Congrés, Niamey, Niger

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MINUTES OF THE FIRST DAY’S MEETING HELD ON 25 FEBRUARY 2015

Present

Name Organization

1. Dr Hubert Ouedraogo LPI, Addis Ababa, Chairman

2. Dr Joan Kagwanja LPI, Addis Ababa

3. Mr Alhou Abey Bazou Code Rural du Niger (SPCR), Niamey, Niger

4. Mr Alikaya Aligo Samsona Ministry of Lands, Housing and Physical

Planning, Juba, South Sudan

5. Ms Kibra Alemseged Ethiopia Agriculture Investment Land

Administration Agency, Addis Ababa, Ethiopia

6. Mr Constant Zirignon Delbe Ministry of Agriculture, Abidjan, Cote d’Ivoire

7. Mr Francisco Carranza FAO – Kenya, Nairobi

8. Mr Florent Lasry GIZ, Bujumbura, Burundi

9. Mr Damien Macumi Programme National Foncier, Bujumbura,

Burundi

10. Ms Lynn Kota Ministry of Agriculture, Mbabane, Swaziland

11. Mr Michael Oyat FAO – Somalia, Hargeisa

12. Mr Altine Boubacar Code Rural du Niger/LPI, Niamey, Niger

13. Mr Dieudonne Mouafo LPI, Addis Ababa

14. Mr Eugene Rurangwa FAO/LPI, Addis Ababa

15. Dr Wordsworth Odame Larbi FAO/LPI, Addis Ababa, Recorder

In attendance

1. Mr Boureima Adamou SDC, Niamey

2. Mr Ousseini Holarou DL/NEL

3. Mr Idi Leko SPCR

4. Mato Manan SPCR

5. Mr Souleymane Djibo Kimba SPCR

6. Mr Toudjani Harouna SPCR

7. Mr Amadou Kadri Marie CR, Diagourou

8. Mr Sabou Ibrahim Consultant, Code Rural du Niger/LPI

9. Mr Noulou Ibrahim SPN/CR

10. Masseme Cragnon GIZ/PromAP

11. Ms Omar Zouéra SPN/CR

12. Maman Soni Amadou SPCR

13. Mr Mahamane Mahamadou DIP/ATIDC

14. Ms Fatima Sidikou SPCR – LPI

15. Mr Dia El hady Ibrahima Media, Financial Afrik

16. Mr Issa Maiga Souleymane Media, BBC Afrique

17. Mr Kennedy Abwao Media, PANA Press

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1.0 Opening and welcome remarks The meeting, which was chaired by Dr Hubert Ouedraogo, started at 9.15 am. He welcomed

participants to the meeting.

Opening statement by Dr Joan Kagwanja. She gave the background of the project and

emphasized the importance of the transversal component in providing a platform for

experience sharing and lesson learning in the implementation of the projects at country level.

She indicated that although the autonomy of the individual country projects is recognized it

should also be noted that the transversal component is part of the project. Feed from the

country projects will enable the LPI Secretariat to report to the Steering Committee

(comprising ECA, AU, CSO, PAP, NPCA, FAO, PAFO, EU etc); the Development Partners

platform and the AU Summit on the implementation of the AU Declaration on Land Issues and

Challenges. Subsequent reports would make use of country level monitoring and evaluation

(M&E) reports, and highlight issues and challenges coming up. She indicated that one of the

key lessons learnt so far is how the country projects were conceptualized and prepared.

Funding for participation in capitalization meetings was not provided for in the transversal

project. Project implementers were therefore to fund their participation in capitalization

meetings from project resources. She expressed the hope that participants would find the

capitalization meetings useful to commit resources to it.

After the opening statement there was self-introduction by participants.

1.1 Adoption of agenda, objectives and expected outcomes The Chairman requested Dr Larbi (the Transversal Project Coordinator) to present the agenda

for the two days for adoption. After the presentation the meeting adopted the agenda without

any amendments.

Dr Larbi then presented the objectives and expected outcomes of the meeting. He indicated

that the capitalization meetings are meetings to be attended by representatives from the ten

in-country project implementing agencies for purpose of stock taking, lesson learning and

sharing experiences (good practices, designing tools, discussing challenges). It is a

requirement of the transversal project that all project implementers participate in the

capitalization meetings. He emphasized that since the projects are aimed at improving land

governance and influence policy it is necessary that government agencies dealing with land

issues in the countries participate in the meetings, particularly where project implementation

is not led by government.

He then presented the objectives and expected outcomes as follows:

Objectives

• Provide a platform for meeting implementing organizations at country level

• Understand mainstreaming of VGGT and F&G in country projects to improve

implementation

• Agree on reporting formats, and areas of transversal support for country projects

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• Agree on road map for integrated implementation of VGGT and F&G

• Agree on elements of M&E in the projects

Expected outcomes

• Mainstreaming of VGGT and F&G in country projects clearly understood

• Reporting formats for capitalization from country level projects agreed

• Key principles of VGGT and F&G to be implemented in projects identified and agreed

• Roadmap for integrated implementation of VGGT and F&G agreed

• Elements of M&E at country, transversal and Pan-African levels agreed

During discussions after the presentation Dr Joan Kagwanja emphasized the importance of the

capitalization meetings and urged implementers to make budgetary provisions for

participation. She urged projects without budget provision to take steps to seek amendment

to the project agreements so as to be able to participate in the meetings.

1.2 Approval of Minutes of Pre-capitalization meeting

The minutes of the Pre-capitalization meeting held on 17 November 2014 was presented by

Dr Larbi. The following corrections were made:

Page 5 para 3 point a: The statement ‘Developments on the Ethiopian side of the border pose

risk to the possibility of Lake Turkana drying out’ should be deleted.

Page 10 bullet 1: The last sentence should be amended to read ‘there are guidelines and

proclamations for large scale land based investments.’

The minutes, as corrected, were unanimously approved.

1.2.1 Matters arising out of the pre-capitalization meeting The Transversal Coordinator reported on actions taken on decisions at the pre-capitalization

meeting as summarized in Table 1 below.

Table 1: Summary of actions taken on decisions

Key Decision Action taken

Send copies of the Transversal Project

document to members

Done

Find out from FAO HQ whether documents

on VGGTs have been translated into

Portuguese

Done. No Portuguese version of VGGT exists.

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Forward key VGGT and F&G thematic areas

to be implemented to implementing

partners for review and confirmation

Done

Support needed from transversal level on

key thematic issues

To be consolidated after first capitalization

meeting

Share copies of all presentations made

during the meeting with all participants.

Done

First capitalization meeting to be held in

February in Niger

Done

Capitalization meeting to be rotated among

implementing countries

To be discussed further due to budget

implications

Modalities for approval of minutes To be decided at the meeting

Modalities for approval of minutes

Two proposals were discussed for approving the minutes of Capitalization Meetings so as to

enable actions to be taken on decisions and not to wait until minutes are approved at

subsequent meetings. These are:

1. Draft minutes should be circulated to members two weeks after the meeting.

Members should submit comments and suggested amendments to the Transversal

Coordinator within two weeks after the minutes have been circulated indicating

whether the minutes should be approved or not.

2. A rapporteur should summarise the key issues and decisions at the meeting which

should be approved during the meeting. Detail minutes would be written later.

After deliberations it was agreed that minutes should be approved through electronic means:

draft minutes should be circulated to members within two weeks after the meeting. Members

should respond with their comments and suggestions for corrections within two weeks. When

the corrections are incorporated the minutes will be deemed approved and action can be

taken on the decisions.

1.3 Presentations by implementing agencies

Presentations were made on the country projects, summaries of which are presented below.

1.3.1 Presentation on Somalia Project: Rebuilding Confidence in Land Issues in Somalia The presentation was made by Mr Michael Oyat of FAO Somalia.

Background

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Somalia has overlapping land tenure systems comprising secular, customary and Islamic, all

coexisting. The institutional arrangements and capacity is insufficient for transparent and

accountable land governance. There is absence of a comprehensive land policy. Other

challenges include enclosures, land grabbing, speculation and increased value of land, rapid

population growth and expanding urban boundaries, land degradation due to overgrazing,

deforestation and drought, and issues of internally displaced persons resulting from conflicts

and climate change.

Project Goal

To improve secure and sustainable access to land and other natural resources in order to

facilitate productive investments as well as social and economic development. The project

was formally launched on 22nd January 2015 in Somaliland, Hargeisa. It has a two year

duration, ending in 2016.

Expected outcomes/outputs

1. Natural Resource (NR) rights and conflict dynamics are studied and shared: NR inventory

and territorial diagnosis conducted and results shared with stakeholders; Negotiation

tables established at community and municipality level

2. Policy framework to enable access to NR for all in place: Somaliland land related laws

analyzed; Land Policies Revised

3. Institutional and community capacities in policy dialogue enhanced: Country level capacity

on land governance and application of VGGT and F&G strengthened; Participatory and

Negotiated Territorial Development (PNTD) and Improving Gender Equality in Territorial

Issues (IGETI) trainings at community levels and for other stakeholders conducted;

Government institution for participatory land delimitation established and strengthened.

Target areas: South-central Somalia (Lower Shabelle and Gedo regions) and Northern Somalia

(Somaliland – Togdheere and Awdal Shahel)

Main Thematic Areas

• Natural resources mapping and land use survey

• Land policy review and formulation

• Institutional and community capacity development

• Cross cutting issues: gender and conflicts

• Coordination of actors involved in land governance matters

VGGT and F&G Principles involved are:

• Inclusiveness

• Gender equality

• Holistic and sustainable approach

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• Consultation and participation

• Transparency

• Accountability

• Continuous improvement

Transversal support required

• Capacity assessment (CA): CA of government institutions in land governance including

land policy development and application of VGGT and F&G in collaboration with

FAOKE; Training in CA

• Resources for VGGT and F&G: Additional materials will be sourced

• Integration of VGGT and F&G in project activities: Interpreting VGGT and F&G

principles and their application in land policy formulation required

Lessons Learnt since the commencement of the project:

• High commitment of Government of Somaliland - putting land at the centre of

development agenda through the Strategic Development Framework (SDF)

• Willingness of development partners to contribute to tackling the land question

• Potential collaboration with UN Habitat and international NGOs

• Functioning traditional institutions that play critical role in land and NR management,

e.g. land disputes/conflicts resolution, land allocation, etc.

Challenges

• Institutional arrangements for land governance are not yet resolved. There is therefore

no designated government personnel as focal person for the project. Unless the issue

is resolved government participation in capitalization meetings may not be realized.

• Coordination of multiple actors in land matters

• Poorly developed and low capacity of grassroots' institutions to engage.

• Tendency to focus more on urban at the expense of rural land.

Post presentation discussions focused on how the project was dealing with the security

situation in the country. The presenter explained that the project is implementing activities in

Somaliland which is relatively safe. In areas not easily accessible, implementing activities is

done through a Service Provider usually a local NGO with knowledge of the area and ability to

navigate and operate in the targeted area. Activities in Somalia have been suspended due to

the conflicts.

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1.3.2 Kenya: Support for Responsible Land and Natural Resource Governance in

Communal Lands of Kenya

The presentation was made by Mr Francisco Carranza of FAO Kenya.

Background

The project is the first FAO Project in the country, prepared in the dispensation of the 2010

Constitution, a new National Land Policy, new Land Acts and a Community Land Bill. The

categories of land in the country include public, private and community lands. Current

governance paradigm encompasses devolution from national to county to village levels, move

towards Vision 2030 objectives but scarce knowledge of the legal framework. Institutional

arrangements reflect a parallel structure of the National Lands Commission under which are

the County Land Management Boards and the Community Land Management Boards at the

village level on the one hand, and the Government Ministries at the national level, replicated

at the county level and natural resource users associations at the village level on the other

hand.

Project Objective

The project objective is “To secure and improve equitable access to land and natural resources

for food security and socio-economic development of agro-pastoral communities in the Arid

and Semi-arid Lands (ASALs) of Kenya.” It has a two-year duration, ending in 2016.


1. Land tenure and natural resource (NR) use mapped and recommendations developed

for land use planning in target counties.

2. Institutional capacities at national and county level to support sustainable governance

of communal lands and NR established/enhanced.

3. Policy, institutional and legal framework for sustainable governance of lands and NR

supported and harmonized.

4. Knowledge management on communal land and NR tenure administration and

management enhanced.

Target areas

The project areas are the Turkana and Tana River Counties.

Main thematic areas

The key thematic areas are:

• Gender,

• Capacity development at all levels,

• Policy development at local level through by-laws,

• Participatory approaches for land access and management,

• Pastoralism (land rights and land management), and

• National Land Information Management System (NLIMS) for spatial planning.

VGGT and F&G Principles involved are:

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• Gender equality

• Continuous capacity development

• Policy development at local level (i.e. drafting by-laws for more responsible land

governance)

• Participatory approaches for land access and management

• Pastoralist land rights

• Land use planning and land registration


1. Access to documentation and to resources on the VGGT and F&G

2. Taking into account and implementing the VGGT and F&G in activities

3. Lessons learnt sharing (at national scale and in between projects) on the VGGT and F&G

implementation

4. Communication on the VGGT and F&G implementation

5. Monitoring and evaluation of the implementation of the VGGT and F&G.

Challenges

1. Politics around land (especially at national level)

2. Integrating gender in customary systems

3. Delimiting pastoralists’ lands

4. Community Land Bill and its regulations

5. Mandates of public institutions on natural resources

Post presentation discussions focused on what the impact of the project would be apart from

dealing with communal issues; the lack of qualitative and quantitative analysis to boost

agricultural development; and ensuring success in project implementation. It was explained

that the project would have long term impact on land governance as the National Lands

Commission has been part of the implementation.

1.3.3 Burundi: Projet d'Amélioration de la Gestion et de la Gouvernance Foncière (PAGGF)

The presentation was made by Mr Florent Lasry of GIZ Burundi.

Background

More than 90 percent of Burundians depend on land for livelihoods. The main land constraints

in Burundi include scarcity of cultivable land with increasing landlessness. There are several

conflicts between individuals and the State over state lands due to incomplete inventory of

the state lands. There is scarcity of land for projects of public interest. A new Land Code was

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promulgated in 2011 which among other innovations established land certificates to be issued

by municipal land services and prohibits any assignment or transfer of land prior to the

establishment of a land title. Unfortunately after the Code came into force no inventory was

made to delineate land belonging to the State, leading to the illegal occupation of state land.

Project Objective

The overall objective of the project is “Contribute to the development of an appropriate land

management system that mitigate the risk of interpersonal land related conflicts, facilitate

access to land for vulnerable people, improve agricultural production and equitable economic

development in Burundi”.

The specific objectives are:

1. Improve management of public lands by systematic identification of state lands to

enable the Government of Burundi to know how much land is available to it in order

to deal with land scarcity due to population growth and massive return of refugees.

2. Provide legal support for the registration of state land and some aspects of the

implementation of land reform in Burundi.

3. Propose a roadmap based on the pilots for a systematic and decentralized land

management of private lands.

The project was launched in October 2014. It has a four year duration, ending in 2018.

Expected Results/Outcomes

1. All state lands are identified through conflict resolution mechanisms. Only lands

without conflicts are recorded in the cadastre and land registry.

2. Support to mediation and conflict resolution, as well as legal aspects of the

implementation of the land reform.

3. A roadmap is prepared for systematic national approach for securing land. In parallel

technical and financial support is maintained for communal land services.

Main thematic areas:

1. Inventory of public lands

2. Surveying and systematic land registration

3. Legal support and conflict resolution

VGGT and F&G Principles involved

• Policy, legal and organizational frameworks related to tenure

• Public land, fisheries and forests

• Expropriation and compensation

• Records of tenure rights

• Regulated spatial planning

• Resolution of disputes over tenure rights

Transversal support needed

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1. Documentation and resources – access to technical guides, and training materials (all

in French)

2. Training – training of trainers, media training

3. Linking VGGT and F&G to the logical framework of the PAGGF

4. Experience sharing

5. Communication – organization of training sessions and awareness on VGGT and F&G

6. M&E – integration or harmonization of monitoring indicators

Challenges

Political – risk of blockage of implementation of some legislation

Institutional – Lack of ownership on the part of institutions involved, lack of qualified

personnel, lack of collaboration with certain service providers, lack of national coordination

Social – potential defiance during registration, refusal by the population to participate in the

registration exercise especially where there are many refugees. Potential conflicts that will

disrupt the exercise.

Post presentation discussions focused on how the project was dealing with several institutions

competing for resources; the ‘heavy’ institutional structure for implementation and the risks

it posed; experiences on the methodology used for implementation. Other issues discussed

were experience gained with respect to the inventory of public lands; use of physical markers

for surveying and what the alternatives are and the chances of success. Answers were given

to all the issues raised. Land is a transversal issue which spans across seven ministries overseen

by the Ministry of Environment. Each entity has its mandate which cannot be breached. Land

issues are handled by the Land Commission.

1.3.4 Niger: Projet de Sécurisation des Systèmes Fonciers Pastoraux au Niger par le

Renforcement de la Gouvernance Foncière (PSSFP/RGF) The presentation was made by Mr Souleymane Djibo Kimba of the Permanent Secretariat of

Code Rural du Niger.

Background

Farming is practiced by almost 87% of the active population. The agriculture sector comprises

66% sedentary farmers, 18% nomads and 15.4% herders. There are about 36 million cattle.

Livestock contribute 35% to GDP. Farming lands are gradually appropriated by individuals

either for agricultural purposes or for speculation. There are frequent conflicts between

farmers and herders. The National Committee of the Rural Code was established in 1989 and

the Rural Code was adopted in 1993. The current project seeks to implement the VGGT and

the F&G in Niger. It also forms part of the implementation of the N3 Project – a strategy to

combat food insecurity and malnutrition.

Project Objectives

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The overall objective of the project is to contribute to securing pastoral land systems in Niger.

The specific objectives are:

• Improve the recognition of the land rights of farmers,

• Secure spaces and resources reserved for farming,

• Prevent conflicts related to the use of pastoral resources,

• Strengthen the capacity of the structures of the Rural Code in the field of pastoral land,

• Support the permanent regional secretariats of the rural regions of Dosso and Zinder

in land development and the functioning of the cofos Code.

The project has a four year duration, ending in 2018.


Component A: National inventory of pastoral areas

• Result 1: The existing cultures and facilities in pastoral areas are clarified.

• Result 2: Data already collected on pastoral resources are secured in a database at the

national and regional level.

• Result 3: Pastoral resources from the agricultural zones are inventoried in a systematic

and comprehensive manner and the Decree of Classification of these resources is

prepared.

Component B: Capacity-building of structures of the Rural Code

• Results 4: Tools for the recognition and registration of land rights of farmers are

developed and available for Land Commissions and institutions in charge of land

management.

• Result 5: The capabilities of the structures for the Rural Code of the regions of Zinder

and Dosso are strengthened.

Main thematic areas

Pastoralism

• Inventory and securing pastoral areas

• Securing the land rights of pastoralists

Land development

• Operationalization of the structures of the Rural Code in the target areas of Dosso and

Zinder regions.


• Transparency of land tenure systems

• Protection of legitimate tenure rights

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• Improve the policy, legal and institutional frameworks

Post presentation discussions centred on why Dosso was selected as a target region; the

capacity of the project team of four persons to implement. It was explained that the staff of

Code Rural and consultants will support the implementation.

1.3.5 Ethiopia: Support to Responsible Agricultural Investment in Ethiopia The presentation was made by Dr W. Odame Larbi on behalf of GIZ who are the project

implementers.

Background

Ethiopia has made substantial progress in boosting food production but still falls within the

category of countries with high rate of food insecurity. There are about 51.3 m ha of potential

arable lands available in Ethiopia but only 11.7 m ha is cultivated. The Government of

Ethiopia’s five-year strategy ‘Growth and Transformation Plan’ (GTP) aims at making the

country a food-secure middle income country by 2025. The Government has identified up to

3 m ha of land for large scale commercial agriculture with almost one million ha awarded to

foreign agricultural investors. The Ethiopian Agriculture Investment Land Administration

Agency (EAILAA) was established in March 2013 to guide and administer the areas suitable for

large-scale commercial farming. Critical issues with large-scale commercial agriculture

investments include:

• A national Social and Environmental Code of Practice for large scale agricultural

investments which is not yet generally applied

• Standard guidelines for land transfers, rent assessment and land use practices have

not been widely put into practice

• Modern land use plans and spatial development plans do not exist for all investment

regions

• Social and environmental assessments are not always properly conducted

• Many contract documents do not demand critical obligations on the part of investment

projects

• No proper monitoring system for investments is in place

Project Objective

The Overall project objective is to contribute to improved food and nutrition security by

promoting secure land tenure and responsible agricultural investments. The specific objective

is to establish a conducive and transparent environment for responsible agricultural

investments while securing the rights of the resident population.


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1. The institutional framework with functional coordination structures at federal level

and in selected regions is strengthened

2. Human capacities in land management and responsible agricultural investments are

strengthened at federal level and in selected regions

3. An information and knowledge system for land based agricultural investments is

developed

4. The legitimate tenure rights of resident populations, in particular indigenous people

are systematically recognized

Main thematic areas

The main thematic areas are:

1. Agricultural investments and markets

2. Indigenous rights

3. Capacity building

4. Institutional strengthening


1. Safeguards and protection of small scale producers

2. Investment practices

Post presentation discussions centred on the relationship between the project and the USAID

land project which has been going on for more than 10 years; how involved was the

Government of Ethiopia (GoE) in the preparation of the project; and how to promote large

scale land investments to ensure countries get the best investors who support local

communities. It was explained by Ms Kibra Alemseged that USAID is working on second level

certification in rural areas while the current project is for technical support for commercial

agriculture. The GoE is the owner of the project.

1.3.6 South Sudan: Support to Land Governance in South Sudan in the Scope of the

Voluntary Guidelines

The presentation was made by Mr Eng Alikaya Aligo Samsona, Under Secretary of the Ministry

of Lands, Housing and Physical Planning (MLHPP) of South Sudan.

Background

The project conceptualization started in 2012 when the EU and MLHPP established a

partnership on good land governance. In 2013 the EU deployed a Senior Land Governance

Expert to MLHPP to facilitate the set-up of the Land Governance Partnership, develop TOR for

the project and provide technical assistance to the Ministry. In January 2015 Niras

International was recruited to provide technical assistance in the implementation of the

project. It is a two year project funded to the tune of two million Euros.

Project Objective

To improve land governance in South Sudan in line with the VGGT and the F&G principles.

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Expected Results/Outputs

• Legal and Institutional framework strengthened

• Land registration and recording enhanced

• Agricultural land-use planning developed and piloted

• Equitable access to land is encouraged

• Administrative and technical capacity strengthened at all levels

• Methodology for national roll-out is presented

• Lessons learnt disseminated and stakeholders networking strengthened

Main Thematic Issues

• Gender and vulnerable groups – the right of women to own and use land emphasized

• Community land rights –will be secured

• Spatial planning – take consideration of traditional rights, promote productive and

sustainable land use, regulate large- scale land-based private investment

• Post-conflict Areas – will not be addressed as such, but, to some extent highlighted

• Capacity building – at all levels

• Legal framework revision – gap identification, legal revision to start when the National

Land Policy has been adopted by the South Sudan Legislative Assembly (SSLA).

Main VGGT and F&G Principles involved

• Recognize, respect and safeguard legitimate tenure rights – traditional and statutory –

and fight corruption

• Gender – All (men and women) must have equal land rights and accessibility

• Transparency, accountability and responsible land governance system

• Engagement with local communities and promotion of dialogue over land issues

• Promote sustainable ecosystem

The project started in January 2015 and has a duration of 24 months.


1. The project has access to documentation on the VGGT and F&G currently and cannot

tell if additional resources would be needed in the future;

2. Account of the VGGT and F&G will be taken during capacity building and during pilot

implementation activities;

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3. Lessons learnt sharing (at national scale and in between projects) on the VGGT and

F&G implementation – this is one result expected from the project;

4. Communication on the VGGT and F&G implementation – the project hope to be able

to participate fully in future meetings;

5. Monitoring and evaluation of the implementation of the VGGT and F&G - a guideline

on M&E would be welcome as it would make it easier to compare results.

Lessons learnt so far include the following:

• There is a great need for capacity building at all levels as far as the knowledge of the

principles of land administration and land use planning are concerned.

• The legal framework in South Sudan is insufficient.

• Funding is scarce and a greater commitment from the Government is required in order

to enhance land governance in South Sudan.

The key issue during post presentation discussion was how the project is sourcing for capacity

for implementation. In response it was explained that the Government is building the capacity

of the staff. It is also looking at ways of attracting investors, using a business plan already

prepared.

1.3.7 Côte d’Ivoire: Projet de Partenariat Public Prive pour l’Acceleration de l’Application

de la Loi Relative au Domaine Foncier Rural The presentation was made by Mr Constant Zirignon Delbe of the Ministry of Agriculture, Côte

d’Ivoire.

Background

The development of Côte d’Ivoire is essentially based on agriculture. The country has

however, been through decades of crisis of which land issues are part. Access to land is

sometimes a source of deadly conflicts, fuelled by economic crisis, population pressure,

scarcity of cultivable land and lack of diversity of sources of income. The 1998 Law provided a

solution. The Ivorian State has made securing rural land ownership an important element of

its policy on poverty reduction, social cohesion, reduction of conflicts between population,

development and modernization of agriculture.

Project Objectives

Provide security of tenure to everyone, in particular for small producers;

Accelerate the implementation of the Law and to ensure its application to all categories of

applicants.


1. Information and awareness of the population; training and capacity building of

stakeholders in the implementation of the Act;

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2. Significant increase in the number of delimited villages and issued land certificates;

3. Improvement of governance in the implementation of the Act.

Thematic areas

• Information and awareness of the population, the village leadership, elected officials,

executives, civil society organizations and the private sector;

• Taking particular account of the weak links in the 'system': small producers, women

and the village land management committees;

• Respect for the law on rural land and its implementing decrees;

• The delimitation of the territories of the villages;

• Strengthening of the property information system.


• Non-discrimination;

• Equality of the sexes;

• Consultation and participation;

• Rule of law;

• Transparency;

• Continuous improvement.

The project has a fixed duration of 48 months. It is yet to start.

Post presentation discussions centred on how to strengthen the Land Information

Management System which is already in existence; the relationship between the owners and

directors of the project; how the Public-Private Partnership (PPP) is going to work and what is

the role of the Public. In response it was explained that the PPP implies communities doing

the demarcation and digging holes. It is a demand led process, done on request. The project

is owned by the Ministry of Finance which manages the funds for the project.

1.3.8 Swaziland: Enhanced Capacity for Sustainable Land Administration and

Management at National, Regional and Chiefdom Level The presentation was made by Ms Lynn Kota of the Ministry of Agriculture, Swaziland.

Background

Swaziland has a number of systems of land ownership working in parallel based on traditional

systems of communal tenure and statutory law. The vast majority of the poorer rural Swazis

live on Swazi Nation Land (SNL) which is subject to customary law and administration, with

poor security of tenure. Lack of security of tenure deters lending by banks and discourages

investment.

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Project Goal and objectives

The overall objective is to contribute to improving the security of tenure and land access for

the rural poor thereby improving food security.

The specific objective of the project is to provide tools and capacities for sustainable land

administration and management at national, regional and chiefdom level.


1. Tools developed and used for more efficient land administration with specific provision

for non-Title Deed Land (TDL) (includes Swazi Nation Land, Crown and Concession

Farms) at National and Tinkhundla level

2. Relevant stakeholders capacitated to use the cadastre and manage land with specific

provision for non-TDL, more efficiently and sustainably

3. Institutional arrangements for land with specific provision for non-TDL endorsed by

project steering committee and all decision makers on land issues

Main Thematic Issues

a. Cadastral mapping

b. Development of a land allocation and registration system

Main VGGT and F&G Principles involved

• Legal Recognition and allocation of tenure rights and duties

• Safeguards

• Administration of tenure


• Access to documentation and to resources on the VGGT and F&G

• Awareness raising on land related issues and challenges that hamper the appropriate

utilization of land towards the development of the country

• Awareness raising on the VGGT and F&G

• Development of a communication and advocacy strategy

The project has not yet started. Tender for Technical Assistance is on-going.

Post presentation discussions were on the current tenure regime and how disputes between

chiefs and communities would be settled. In response it was explained that private lands and

Swazi Nation Land are held in trust by the King which he delegates to the chiefs. Occupiers

have the right to use the land in perpetuity.

19

1.3.9 General discussions General discussions that ensued after the presentations provided the following key messages

and challenges.

Key messages

1. Land issues are sensitive in all the countries implementing the projects. They are

‘transversal’ in many countries with many institutions having mandates to deal with

different aspects. Country level platforms are therefore necessary for dealing with the

issues holistically. There should political support for dealing with the issues.

2. Good political mapping of the country and communities to assess interests, power

blocks and key stakeholders is essential for successful implementation of the projects.

3. Political processes at both community and national levels affect project

implementation. For example local communities such as clans have more control over

resources in areas under their control as is the case in Somalia.

4. Social and economic impact analysis, though necessary would be done later in project

implementation as is the case in Kenya.

5. Inventory of public lands is a prior activity to systematic registration of land. The

methodology for data capture is dependent on the type of data being captured as is

the case of Burundi.

6. Champions should be identified to advocate for the project to ensure political buy-in

where there are challenges in dealing with political leaders.

7. Select pilot locations where there is likely to be success especially in dealing with

traditional authorities. Focus on processes that touch people and for which the people

easily identify with.

8. Use the principles in the VGGT and F&G and concentrate on participatory processes,

inclusiveness and accountability.

9. Each country should understand the context within which the project is being

implemented and operate within it. Use methodology that works in the country.

10. African countries are encouraged to use the Guiding Principles on Large Scale Land

Based Investments (LSLBI) to guide their investment decisions and also to guide

investors. The Guiding Principles place the small holder at the centre of the investment

decision. They highlight issues such as land rights as human rights, women’s rights,

small holders and food security issues.

Cross cutting issues

• Gender and capacity development are cross-cutting issues in all the projects that

require attention.

20

Challenges

• Absence of lead government institution/Ministry for land policy is a major challenge

for implementation as in Somalia.

• Engaging policy makers in government ministries can be a challenge that can

undermine project implementation.

• Baseline data are not yet collected for many of the projects.

• There is a high risk of compromise in quality when government owns the project,

exercise oversight and also implements. However, project implementers must

necessarily work with governments.

1.3.10 Transversal Support required

• Guidelines for coordinating partners dealing with land issues and with government

institutions

• A centralized communication system to give visibility to all the projects and

programmes

• Capacity development

• Awareness raising on land related issues and political buy-in

• Platforms for dealing with multiple institutions, partners, and other stakeholders.

• Advocacy and communication strategy.

1.4 Conclusion and closing One question that was debated for some time was that in some countries government is

leading the implementation of the project. In others it is international organizations. What are

the advantages of each? Winding up the day’s discussions the Chairman noted that there is

no advantage of one over the other. The AU Declaration on Land Issues and Challenges

assigned roles and responsibilities to key institutions and stakeholders with leadership by

government. Governments should therefore play a lead role in the implementation of the

projects.

Closing: The meeting closed at 5.30 pm.

21

MINUTES OF SECOND DAY’S MEETING HELD ON 26 FEBRUARY 2015

Present

1. Dr Hubert Ouedraogo LPI, Addis Ababa

2. Dr Joan Kagwanja Chief, LPI, Addis Ababa

3. Mr. Florent Lasry GIZ, Bujumbura, Burundi

4. Mr. Damien Macumi Coordinator, Programme National

Foncier, Bujumbura, Burundi

5. Mr. Francisco Carranza FAO Kenya, Nairobi, Kenya

6. Mr. Michael Oyat FAO Somalia, Somalia

7. Mr. Eng Alikaya Aligo Samsona Under Secretary,MLHPP, Juba,

South Sudan

8. Ms. Kibra Alemseged EAILAA, Addis Ababa, Ethiopia

9. Ms Lynn Kota Ministry of Agriculture, Mbabane,

Swaziland

10. Mr Alhou Abey Bazou Permanent Secretary, Code Rural du

Niger, Niamey

11. Mr Altine Boubacar Code Rural du Niger/LPI, Niamey

12. Mr Dieudonne Mouafo M&E Officer, LPI, Addis Ababa

13. Mr Eugene Rurangwa FAO/LPI, Addis Ababa

14. Dr Wordsworth Odame Larbi FAO/LPI, Addis Ababa, Recorder

In attendance

1. Mr Idi Leko SPCR, Niamey

2. Mr Gagnon Masseme GIZ, Niamey

3. Mr Halarou Ouneini MEL/DL, Niamey

4. Mr Mahamane Mahamadou MP/ATIDC, Niamey

5. Mr Amadou Kadri Maire CR/Diagourou, Diagourou

6. Ms Omar Zoueia SPCR, Niamey

7. Mr Nouhou Ibrahim SPN/CR

8. Mr Mato Maman SPCR, Niamey

9. Mr Kennedy Abwao Head of Bureau, PANA Press, Addis

Ababa

10. Mr Souleymane Djibo Kimba SPCR, Niamey

11. Mr Toudjani Harouna SPCR, Niamey

12. Ms Fatima Sidikou SPCR, Niamey

13. Mr Daman Sani Amadou SPCR, Niamey

22

Apology

Mr Constant Zirignon Delbe Ministry of Agriculture, Abidjan, Cote d’Ivoire

1.5 Opening

The meeting which was chaired by Dr Hubert Ouedraogo started at 9.15 am.

1.6 Recap of previous day’s proceedings

There was a recap of the previous day’s proceedings by Dr W. Odame Larbi. The report was

unanimously accepted after the Chairman had clarified the method for approving the minutes

of the meetings.

1.7 The Transversal Project

The presentation was made by Dr W. Odame Larbi. He explained the nature of the transversal

project. The main objective is to improve governance of tenure in Africa by supporting the

consolidation of the VGGT and F&G and enhancing their joint implementation at both Pan-

African and ten selected African countries as key land tools accepted globally and regionally.

The transversal support is in the areas of capacity development, knowledge sharing and M &

E and takes into account specific country contexts and priorities. Lessons learned and

experiences shared from the ten in-country projects will support and enhance land

governance at the Pan-African level.


• Core elements of VGGT – F&G implementation in the 10 in-country projects are

supported at the transversal level, particularly in areas of capacity development,

knowledge sharing and monitoring and evaluation.

• Support to capacity development on governance of tenure and land policies in Africa

• ad hoc support for the start-up of the 10 In country projects.

• Support to the 10 In-country Projects, strengthening partnerships and exchanges.

• Support to Transversal & Pan-African levels in Overall Action communication.

He also presented the current status of the project in the ten countries. This is indicated in

Appendix I and the VGGT and F&G principles to be implemented in each country project

(Appendix II).

During discussions the following issues were raised:

What specific support is being provided at the transversal level? Will the transversal project

help in planning awareness workshops, provide resources?

To get buy-in the country projects must see the value addition through:

23

• Support in awareness creation

• Support in planning the content of national workshops

• Support in providing materials

• Support through participation.

It was clarified that there is no financial support from the transversal project. For participation

in country level activities it is necessary to plan at least three months in advance and share

the work plan with the transversal coordinator. This will enable LPI to include the request in

its travel plans.

Templates for reporting

Dr Larbi then presented the proposed reporting format to the meeting for discussion and

approval (Appendix III). The reporting format was based on the following strategy:

• No additional reports need to be generated by the in-country projects apart from the

reporting requirements under the specific projects.

• Regular project reports should incorporate activities done in respect of the five pillars

of the transversal project namely awareness creation, capacity building, support to

country project, partnerships and monitoring and evaluation.

• Reports should be shared with the Transversal Project Coordinator who will extract

the information for the transversal report and capitalization.

During discussions on the reporting formats the following issues were raised:

The ten projects have different reporting times so how will the transversal report be done?

It was clarified that the Transversal level did not require the financial reporting from the

country projects. In-country projects should use their reporting requirements and

incorporated the transversal component.

It was agreed that the five pillars to be incorporated in each country reports are good and

should be endorsed. The templates should be used and feedback provided.

After the discussions the draft templates for reporting were approved to be used by all the

country projects for reporting, based on the strategy agreed.

1.8 Pan African Project The presentation on the Pan African Project was made by Mr Eugene Rurangwa, the Pan

African Project Coordinator.

He indicated that the Pan African Component of the Project support the integrated

implementation of the VGGT and the F&G in Africa through awareness creation and advocacy,

capacity building and technical facilitation, strengthening of partnerships and monitoring and

evaluation. It is a joint FAO/LPI Project funded by the EU and SDC for a period of three years.

Why integrated implementation of the VGGT and F&G?

24

Integrated implementation is promoted because of the following reasons:

1. The two tools are aimed at improving the governance of tenure by providing advice

and information on internationally accepted practices and systems of governance

2. A good number of the principles of these two tools deal with issues that are

fundamental to the improvement of land policy and land governance

3. The two tools are implemented according to the same pattern: awareness and

advocacy, capacity building, technical support, strengthening partnerships, and

monitoring and evaluation

4. The institutional strength and political legitimacy of the LPI and the strong partnership

between LPI and FAO in the work on Governance of Tenure call for an articulate

strategy for coherent and integrated implementation

5. The two guidelines convey almost the same messages and principles: human dignity,

non-discrimination, equity and justice, equality of gender/land rights of women, legal

recognition of legitimate land rights, participation, transparency, land administration

functions (taxation, assessment, land market and land transfer, etc.), large scale land

based investment (LSLBI), resolution of the conflicts, etc.

Expected results/Outcomes

1. Awareness on convergence and synergies of VGGT and F&G and the integrated

implementation is strengthened.

2. Support for development of capacity on land governance and land tenure and the

development of land policies in Africa provided.

3. Support to Communication on the transversal and Pan-African projects provided.

Roadmap for integrated implementation

The road map for the integrated implementation was outlined as below:

• Development of an action plan for integrated implementation of the two guidelines at

continental and regional level.

• Production of outreach, advocacy and communication materials and their

dissemination at the continental, regional and national levels.

• Organization and participation in conferences and high-level meetings.

• Development of a communication strategy.

• Production of training materials and conduct of targeted training on land governance

(continental, regional and national institutions eg CAADP, RECs).

• Exchange/sharing of knowledge and lessons on best practices in land governance

across the continent during capitalization meetings.

• Integration of land governance in Africa's development program to ensure that land

issues are mainstreamed in the strategies and programmes of continental institutions

(NEPAD / CAADP) and regional communities (RECs).

25

• Partnerships with key stakeholders at global, continental and regional levels, agencies

of the United Nations (UN-Habitat, IFAD, etc.), development partners (EU, SDC, etc),

NGOs (ILC, Landesa, etc), Pan-African Institutions (PAP, CAADP, FARA).

• Monitoring and evaluation: the development of a set of common indicators, based on

existing frameworks at other institutions (LPI/MEF, CAADP, GLI/GLTN, Post 2015/SDG).

The actors and their roles

The main actors and their roles are:

Governments: Political leaders and officials of Government are crucial for central leadership

and decision making.

Representatives of the Government: implementation of the guidelines, to deliver services

that are transparent, equitable, effective and accountable.

Parliamentarians: play a leadership role and can use the guidelines in the design and revision

of land policies and their implementation.

Chiefs and traditional authorities: use of the guidelines to update practices within their own

communities.

CSOs/NGOs (national and international): awareness and advocacy at all levels.

Sharing/exchange of lessons on good land governance, management and use. Facilitating the

participation of local communities in the process of dialogue and implementation. They can

help establish a platform at national and/or regional levels for dialogue on land issues.

Media: role of advocacy and exchange of information on land governance

Academics and researchers: research for innovative practices, the provision of evidence for

decision making on land governance

Private sector/investors: contribute to identification of the best way to promote investment

and sustainable growth, and can use the guidelines in their own land investments.

Continental institutions and regional economic communities: promote, support, and use the

tools to guide the development of their own regional approaches, and serve as benchmarks

for the assessment of other interventions such as agriculture and land investment on a large

scale.

During post presentation discussions participants wanted to know whether there is a

competent communication system at LPI. The answer was ‘yes’ even though the

communication strategy was yet to be rolled out.

The road map as presented was approved.

1.9 Monitoring and Evaluation

The presentation was made by Mr Dieudonne Mouafo, the M&E Officer of the LPI. He

presented the LPI draft Monitoring and Evaluation Framework (MEF), the process for

26

developing the Framework, indicators and the current status. He also presented the strategy

for piloting M&E at the country level. It was followed by a group work to discuss indicators

that can be used at the country level. The results will be used by the M&E Officer to provide

the basis for M&E at the country level and also to plan the pilots. During discussions the

following issues were raised:

• The LPI has taken unduly long time to finalize the MEF. The duration has implication

for the country projects M&E which may have only two years duration.

• How to collect baseline data in situations where other partners are engaged in the

same thematic area eg. Food security.

• Are there concrete M&E tools the country projects can take along?

The M&E office advised that use can be made of existing tools such as LGAF.

It was agreed that the indicators from the two groups will be further refined and shared with

participants. The next step would be the validation of the tools to be adopted to specific

country projects.

1.10 Structured discussions

The meeting discussed the following issues.

a. Engaging policy makers: The meeting noted that participation of government in the

projects is very important. Project implementers should understand government position on

issues. There should be innovation in presenting the project to governments, linking the

project to government’s overall development policies and objectives. Where there are

different administrative structures dealing with different aspects of the land issues building

consensus can be challenging. Key ways of engaging government include:

i. Using existing matured initiatives as entry points: Project implementers should use

existing matured initiatives such as CAADP as useful entry points to engage

governments.

ii. Round table discussions: This could be organized to bring all partners together to

discuss the issues, usually at strategic level to obtain buy-in from the stakeholders.

iii. Invitations to governments to participate in activities should be sent earlier and there

should be follow up.

iv. Engaging LPI support: LPI could also make strategic presentations on the VGGT and

F&G to the different ministries during inception phase of projects to raise awareness

on the interconnectedness of the issues. Where LPI support is needed the request

should be made at least 3 months in advance to enable LPI incorporate it into its travel

plan.

b. Areas for potential transversal support: This will be compiled from the country reports and

during the discussions and circulated to members.

c. Participation in capitalization meetings: It was agreed that participation of government in

capitalization meetings and lesson learnt exchanges is very important to improve

27

sustainability of the project. Invitations should be sent earlier to government. Governments

should be encouraged to fund their participation in the meetings. Where governments cannot

do that the projects should be able to fund the participation.

d. National platforms for advocacy: It was agreed that where there are more than one partner

dealing with land issues a national platform for the partners should be established. It was

reported that such a platform exist in Ethiopia. South Sudan also has a land coordination

Forum but is handled by international NGOs only. It was agreed that Government should be

an active participant in the Forum – Government should take the lead and the NGOs follow. A

partners’ Forum also exist in Burundi which meets every month. The challenge is which

institution should take the lead in creating the platform. LPI was requested to provide support

to countries to enable them establish the platforms. In Somaliland UN Habitat and FAO will

take the lead in establishing a platform.

1.11 Next Capitalization meeting

It was announced by the Transversal Coordinator that the next capitalization meeting will be

held in October 2015 in Addis Ababa. It was suggested that more group exercises should be

introduced into the capitalization meetings.

1.12 Closing Remarks

The PS for Code Rural du Niger, Mr Alhou Abey Bazou, closed the meeting. In his remarks he

noted that the group exercise had shown that there was a lot to do. The more we hold

discussions, the more we understand and use the VGGT and the F&G. He thanked all the

participants for their participation and contribution which enriched the debates.

The capitalization meeting closed at 4.16 pm.

Recorded by

Dr W. Odame Larbi

Transversal Project Coordinator

28

Appendix I: Current status of the country projects Country Project title Project objective

(specific)

Project outcomes Key thematic

issues

Commencem

ent date/

Duration

Implementation

organization and contact

Project value

(million

euro)

Angola Strengthened capacity

for improved

governance of land

tenure and natural

resources by local

government in

partnership with non-

state actors in the

Central Highlands of

Angola

Empower national,

provincial and

municipality level

government and

local NSA and

communities to

facilitate the

recognition of

tenure rights.

1. Strengthened technical capacity of

municipal government in areas of

participatory mapping, cadastre

management, and the use of

geographical information systems, and

legal framework used in line with

VGGT and STDM. 2. Public

administration and legal entities are

actively involved in simplifying and

fast-tracking the land rights recognition

processes and to meet the demand for

land rights formalization. 3. NSAs (peri-

urban and rural communities, traditional

authorities) and Local Government

involved in a collaborative engagement,

have a better understanding of land

governance mechanisms and are able to

better advocate their rights. 4. Public

sensitized through a wide dissemination

using the media of information on land

tenure issues, promoting the principals

of VGGT and lessons learned shared

with land governance stakeholders

including the global networks (such as

GLTN).

1. Land

information system

development

2. Peri-urban and

urban issues

3. Revision of

legislation

Implementati

on started in

May 2014

Duration: 36

months

World Vision Int. Angola

Development Workshop

Angola

Partner: FAO Angola

Jorge Neto, World Vision

Angola Acting National

Director,

[email protected]

Jonathan White, World

Vision Angola Director of

Operations,

[email protected]

Marco Orani, World Vision

Angola M&E Officer,

[email protected]

Allan Cain, Development

Workshop National Director,

[email protected]

Amilcar Salumbo,

Development Workshop

Representative in Huambo,

[email protected]

3.5

mailto:[email protected]





29

Burundi Project d’amélioration

de la gestion et de la

gouvernance foncière

au Burundi

Improve

management and

governance of

public and private

lands

1. All public lands are identified,

associated conflicts resolved and

integrated into the national cadastre

2. Support to conflict resolution and

revision of land laws.

3. Roadmap for systematic approach for

securing land. Technical and financial

support for communal land services.

1. Survey and

registration

2. Legal support

3. Conflict

resolution

Implementati

on started in

October 2014

Duration: 48

months

GIZ

[email protected]

(Person in charge at GIZ)

[email protected]

(Chief of project)

5.5

Cote

d’Ivoire

Project de Partenariat

Public Privé pour

l'accélération de la mise

en œuvre de la loi sur le

foncier rural

Provide security of

tenure to everyone,

in particular for

small producers

Accelerate the

implementation of

the law and to

ensure its

application to all

categories of

applicants

1. Information and awareness of the

population; training and capacity

building of stakeholders in the

implementation of the Act.

2. Significant increase in the number of

delimited villages and issued land

certificates.

3. Improvement of governance in the

implementation of the Act.

1. Information and

awareness creation

2. Protection of the

vulnerable in

society

3. Respect for law

on rural lands

4. Delimitation of

territorial areas

5. Property

information

systems

Not yet

started.

Project

preparation

ongoing.

Duration: 48

months.

Ministry of Agriculture,

Private sector

Mr Constant Zirignon Delbe

[email protected]

4.6

Ethiopia Support to Responsible

Agricultural Investment

in Ethiopia

Establish a

conducive and

transparent

environment for

responsible

agricultural

investments while

securing the rights

of resident

population

1. Institutional framework with

functional coordination structures at

Federal level and selected regions is

strengthened

2. Human capacities in land

management and responsible

agricultural investments are

strengthened at Federal level and in

selected regions

3. Information and knowledge system

for land based agricultural investments

is developed

4. Legitimate tenure rights of resident

populations, in particular indigenous

people are systematically recognized.

1. Agricultural

investments and

markets.

2. Indigenous

rights

3. Capacity

building

4. Institutional

strengthening.

Not yet

started.

Project

agreement

signed

between EU

Delegation

and GIZ

Duration: 36

months

GIZ

Christian Graefen, GIZ HQ,

Eschborn, Germany

[email protected]

Anita Hernig, GIZ HQ,

Eschborn, Germany

[email protected]

3.3 (3.0 from

EU and 0.3

from BMZ)

Kenya Support for responsible

land and natural

Secure and

improve equitable

1. Land tenure systems and natural

resource use mapped, and

1. Gender Implementati

on started in

FAO Kenya 2.5






30

resource governance in

communal lands of

Kenya

access to land and

natural resources

for food security

and socio-

economic

development of

agro-pastoral

communities in the

ASALs of Kenya

recommendations developed for land

use planning in target counties. 2.

Institutional capacities at national and

county level to support sustainable

governance of communal lands and

natural resources established/enhanced.

3. Policy, institutional and legal

frameworks for sustainable governance

of communal lands and natural

resources supported and harmonized. 4.

Knowledge management on communal

land and natural resource administration

and management enhanced.

2. Capacity

Development at all

levels

3. Policy

development at

local level

4. Participatory

approaches for

land access

5. Pastoralism

6. NLIMS (Spatial

Planning)

January 2014.

Duration: 24

months

Francisco Carranza

[email protected]

Malawi Promoting Responsible

Land Governance for

Sustainable Agriculture

in Malawi

To contribute to an

improved land

governance

framework and its

implementation in

Malawi in line

with the VGGT,

with particular

emphasis on

gender sensitive

compliance

regarding land

tenure rights.

1. Institutional framework and capacity

strengthened at all levels for an efficient

and effective land reform programme.

2. Smallholder farmers’ land rights

improved, in particular women, due to

responsible land governance at local

level guided by principles enshrined in

the VGGT.

1. Capacity

building

2. Review of land

policies and laws

3. Decentralisation

of land registration

4. Improve

customary land

administration

Financing

Agreement

signed with

Government

on 03 Dec

2014.

Services

tender for

Component 1

(Institutional

Framework

and capacity

strengthened).

Call for

proposals

launched for

Component 2

(Smallholder

farmers’ land

rights

improved, in

particular

women).

Activities

likely to start

in 3rd Quarter

2015

Ministry of Lands, Housing

and Urban Development.

Mr. Kwame NGWIRA

([email protected])

Director of Planning

3.0



31

Duration: 36

months

Niger Securisation des

systems foncier

pastoraux au Niger par

le renforcement de la

gouvernance fonciere

Improve land

rights for farmers;

Secure land

resources for

livestock; prevent

pastoral resources

related conflicts

and build capacity

of the Rural Code

on pastoral lands.

1. Existing cultures in pastoral areas are

clarified.

2. Databases established at national and

regional levels on pastoral resources.

3. Systematic inventory and

classification of pastoral resources in

agricultural zones.

4. Tools for the recognition and

registration of land rights of farmers

developed for Lands Commissions.

5. Capacity of the Rural Code in Zinder

and Dosso regions strengthened.

1. Pastoral rights.

2. Communal

rights

3. Capacity

development.

Agreement

between EU

and Govt of

Niger signed.

Project

launched and

started in

Februrary

2015.

Duration: 48

months.

Code Rural du Niger

Alhou Abey Bazou

[email protected]

3.0

Somalia Rebuilding confidence

in Land Issues in

Somalia

To increase

inclusive and

gender-equitable

secure access and

sustainable

use/management

of land and other

natural resources

in order to

facilitate

productive

investments as

well as social and

economic

development.

1. Territorial rights and conflict

dynamics are understood and facilitation

of negotiation tables is organized in

order to ensure more equitable access to

land and other natural resources. 2.

Legal and Policy framework related to

territorial aspects facilitate a more

secure access to land for all. 3.

Institutional and community capacities

enhanced to engage in land governance

(access, use and management) and

related strategic dialogue.

1. Capacity

development

2. Land use survey

and Natural

Resource Mapping

3. Post conflict

land management

4. Mainstreaming

gender in land

5. Participatory

land policy

dialogue

Implementati

on started in

March 2014.

Project

activities

started in

Somaliland

(Hargeisa).

Activities

within the

Federal Gov.

in Mogadishu

is on hold.

Duration: 24

months

FAO Somalia

Michael Oyat/ Land Tenure

Officer

[email protected]

2.269

South Sudan Support to Land

Governance in South

Sudan in the scope of

the Voluntary

Guidelines

Improve land

governance system

in South Sudan in

line with the

VGGT and F&G

through building

capacity of

MLHPP and of

other key land-

1. Legal, institutional and administrative

framework for responsible land

governance in South Sudan

strengthened,

2. Land registration and recording

aimed at ensuring land tenure

governance and security in South Sudan

1. Capacity

development

2. Land

registration

3. Rural land use

planning.

Two contracts

signed:

Service

contract and

Grant

contract.

Project started

in January

2015.

Niras Int. Finland in

collaboration with the

Ministry of Lands, Housing

and Physical Planning

(MLHPP)

Niras: Anne

Sillanpää <anne.sillanpaa@

niras.fi

2.0



32

related

stakeholders in

South Sudan.

developed and used by relevant

authorities.

3. Agricultural land use planning system

aimed at ensuring access to land and

tenure security for all in rural areas

without discrimination developed and

used by relevant authorities.

4. Administrative and technical

capacities on land issues to implement

land governance policies and to meet

the demand for land rights formalization

strengthened at national, state and local

levels.

5. Lessons learned from the project

capitalized and shared with all relevant

land governance stakeholders.

Duration: 24

months

MLHPP: Mr Alikaya Aligo

Samsona

alikayalosamsona@gmail.

com

Swaziland Enhanced capacity for

sustainable land

administration and

management at

national, regional and

chiefdom level

Provide tools and

capacities for

sustainable land

administration and

management at

national, regional

and chiefdoms

level.

1. Tools are developed and used for

more efficient Land Administration of

SNL at the National and Tinkhundla

level.

2. Relevant stakeholders are capacitated

to use the cadastre and manage SNL

more efficiently and sustainably.

3. Institutional arrangements for non

title deed land / SNL are endorsed by

stakeholders.

1. Capacity

development

2. Customary land

management

3. Land

registration

Project

prepared and

Agreement

signed but

project not yet

started. TORs

for TA under

preparation.

Duration: 24

months.

Ministry of Agriculture

Lynn Kota

[email protected]

1.80




33

Appendix II: VGGT and F&G to be implemented in each country project Country Project Title Project Objective Key VGGT Principles Key F&G

principles

Key

indicators

Angola Strengthened capacity for

improved governance of

land tenure and natural

resources by local

government in partnership

with non-state actors in

the Central Highlands of

Angola

Empower national,

provincial and

municipality level

government and local

NSA and communities to

facilitate the recognition

of tenure rights.

1. Non-discrimination under law and policies and in practice (p. 3B

(2))

2. Gender equality to the enjoyment of all human rights. Ensure

that women and girls have equal tenure rights and access to land

independent of their civil and marital status (p. 3B (4))

3. Legal recognition of legitimate tenure rights not currently

protected by law through consultation and participation (p 4.4)

4. Participation of users of land in tenure governance, formulation

and implementation of policies and laws on territorial development

(p. 4.10)

5. Ensure that implementing and judicial authorities have the

human, physical financial and other forms of capacity to implement

policies and laws in timely, effective and gender sensitive manner,

ensuring staff at all organizational levels receive continuous

training and are recruited with due regard to gender and social

equity (p. 6.1)

6. Acknowledge existence of informal tenure to land in a manner

that respects existing formal rights under national law and in ways

that recognize the reality of the situation and promote social,

economic and environmental well-being. Promote policies and laws

to provide recognition to such informal tenure through participatory

and gender sensitive processes. Make provision for technical and

legal support to affected communities and individuals.

Acknowledge the emergence of informal tenure arising from large-

scale migrations (p. 10.1)

7. Regulated Spatial Planning (p. 20)

8. Resolution of disputes over tenure rights (p. 21/ p. 25)

1.Strengthening the land

rights of women (p 3.1.4)

2. Acknowledging the

legitimacy of indigenous

land rights systems (p

3.1.3)

3. Reform of land rights

delivery systems (p

3.6.2)

4.Reform land

governance institutions

(p 3.6.3)

5. Enhancing access to

land through tenure

reform (p 3.2.2)

6. Land and land

conflicts in Africa (2.3.3)

Burundi Project d’amélioration de

la gestion et de la

gouvernance foncière au

Burundi

Improve management

and governance of public

and private lands

1. Policy, legal and organizational frameworks related to tenure

(p5)

2 Recognize and protect publicly owned land and the related

systems of collective use and management, including processes of

allocation by the State (p. 8.3)


delivery systems (p

3.6.2)

2. Reform of land


(p. 3.6.3)

34

3. Establish up-to-date accessible tenure information on state

owned or controlled land and maintain such inventories, recording

agencies responsible for administration and any legitimate tenure

rights held by indigenous peoples and other customary tenure

communities and the private sector (p 8.4)

4. Develop and publicize policies covering the use and control of

land retained by the public sector; develop policies that promote

equitable distribution of benefits from state owned land through

participatory processes (p 8.6)

5. Provide systems (registration, cadastre and licensing systems) to

record individual and collective tenure rights to improve security of

tenure rights including those held by the State and public sector,

private, indigenous and customary tenure communities. Systems

should, record maintain and publicize tenure rights and duties

including holders of such rights duties (p 17.1)

6. Provide socio culturally appropriate recording systems for

particular circumstances including available human and financial

resources. Develop an integrated framework that includes existing

recording systems and other spatial information systems which

records tenure rights of the state and public sector, private sector,

indigenous and customary tenure systems. Where not possible to

record care should be taken to prevent the registration of competing

rights in those areas (p 17.2)

3. Land needs for

planning and

infrastructure in the rural

areas (p 3.4.5)

4. Land and conflict in

Africa (p 2.3.3)

Cote

d’Ivoire

Partenariat Public Privé

pour l'accélération de la

mise en œuvre de la loi sur

le foncier rural

Project preparation

ongoing

1. Provide and maintain policy, legal and organizational

frameworks that promote responsible governance of tenure of land;

dependent on and supported by broader reforms to the legal system,

public service and judicial authorities (p 5.1)





communities and the private sector (p 8.4)

3. Allocate tenure rights and delegate tenure governance in

transparent, participatory ways and clear procedures understandable

to indigenous and customary tenure communities. Ensure that

newly allocated tenure rights are recorded with other tenure rights

in a single recording system or are linked by a common framework;

prevent corruption in the allocation of tenure rights. (p 8.9)



1. Reform land


(p 3.6.3)




3.1.3)


delivery systems (p

3.6.2)

4. Necessary steps for

effective land policy

implementation (p 5.3)

35







scale migrations (p 10.1)






including holders of such rights duties (p 17.1)

6. Provide socio culturally appropriate recording systems for

particular circumstances including available human and financial

resources. Develop an integrated framework that includes existing

recording systems and other spatial information systems which

records tenure rights of the state and public sector, private sector,

indigenous and customary tenure systems. Where not possible to

record care should be taken to prevent the registration of competing

rights in those areas (p 17.2)

7. Set up multi stakeholder platforms and frameworks at local,

national and regional levels or use such existing platforms and

frameworks to collaborate on the implementation of the VGGTs.

Using inclusive, participatory, gender sensitive, cost effective,

implementable and sustainable processes monitor and evaluate

implementation. Evaluate impact on improved governance of

tenure of land and on improving food security. (p 26.2)

Ethiopia Support to Responsible

Agricultural Investment in

Ethiopia

1. Establish safeguards, in accordance with national laws, to avoid

infringing on or extinguishing legitimate tenure rights of others not

currently protected by law, women and the vulnerable who hold

subsidiary tenure rights. (p. 7.1)

2. Ensure that when facilitating market operations of tenure

transactions, they protect the tenure rights of small scale producers

(p. 11.8).

3. Acknowledge that responsible public and private investment

improve food security. Responsible governance of tenure of land

encourages tenure right holders to make responsible investments.

Promote and support responsible investments in land that support

broader social, economic and environmental objectives. Ensure that

all actions are consistent with existing obligations under national




3.1.3)

2. Balancing pro-poor

priorities with market

orientation (p.3.2.3)

3. Clarifying property

rights in agriculture (p

3.3.2)

4. Promoting the

development of land

36

and international law and to voluntary commitments under

applicable regional and international instruments (p12.1).

4. Transactions in tenure rights as a result of investments in land

should be done transparently in line with national sectoral policies

and be consistent with social and economic growth objectives and

sustainable human development focusing on smallholders (p 12.3)

5. Responsible investments should do no harm, safeguard against

dispossession of legitimate tenure right holders and environmental

damage, should respect human rights. Should be made in

partnership with relevant levels of government and local holders of

tenure rights to land, respecting their legitimate tenure rights (p

12.4)

6. Ensure that actions involving indigenous peoples and their

communities are consistent with existing obligations under national

and international law and with due regard to voluntary

commitments under applicable regional and international

instruments including ILO Convention No 169. (p 12.7).

rights transfer systems

and markets

Kenya Support for responsible

land and natural resource

governance in communal

lands of Kenya

Secure and improve

equitable access to land

and natural resources for

food security and socio-

economic development

of agro-pastoral

communities in the

ASALs of Kenya

1. Ensure responsible governance of tenure of land which is central

for the realization of human rights, food security, poverty

eradication, sustainable livelihoods, social stability, housing

security, rural development and social and economic growth (p.

4.1)


protected by law through consultation and participation.(p. 4.4)

3. Participation of users of land in tenure governance, formulation

and implementation of policies and laws on territorial development

(p. 4.10)




public service and judicial authorities.(p 5.1)

5. Allocate tenure rights and delegate tenure governance in

transparent, participatory ways and clear procedures understandable

to indigenous and customary tenure communities. Ensure that

newly allocated tenure rights are recorded with other tenure rights

in a single recording system or are linked by a common framework;

prevent corruption in the allocation of tenure rights. (p. 8.9)

6. Set up multi stakeholder platforms and frameworks at local,

national and regional levels or use such existing platforms and

1. Mainstreaming land in

poverty reduction

programmes (p 3.2.1)


land through tenure

reform (p3.2.2)

3. Reform of land


(p3.6.3)




3.1.3)

5. Necessary steps for

effective land policy

implementation (p 5.3)

37

frameworks to collaborate on the implementation of the VGGTs.

Using inclusive, participatory, gender sensitive, cost effective,

implementable and sustainable processes monitor and evaluate

implementation. Evaluate impact on improved governance of

tenure of land and on improving food security. (p. 26.2)

Malawi Promoting Responsible

Land Governance for

Sustainable Agriculture in

Malawi

To contribute to an

improved land

governance framework

and its implementation in

Malawi in line with the

VGGT, with particular

emphasis on gender

sensitive compliance

regarding land tenure

rights.

1. Gender equality to the enjoyment of all human rights. Ensure

that women and girls have equal tenure rights and access to land

independent of their civil and marital status.(p 3.4B)






equity (p 6.1)

3. Establish safeguards, in accordance with national laws, to avoid

infringing on or extinguishing legitimate tenure rights of others not

currently protected by law, women and the vulnerable who hold

subsidiary tenure rights. (p 7.1)









scale migrations. (p 10.1)

1. Strengthening the land

rights of women (p 3.1.4)

2. Reform of land


(p 3.6.3)


delivery system (p 3.6.2)




3.1.3)

Niger Securisation des systems

foncier pastoraux au Niger

par le renforcement de la

gouvernance fonciere

Improve land rights for

farmers; Secure land

resources for livestock;

prevent pastoral

resources related

conflicts and build

capacity of the Rural

Code on pastoral lands.


protected by law through consultation and participation.(p 4.4)

2. Develop relevant policies, laws and procedures through

participatory processes involving all affected parties and taking into

account the capacity to implement. (p 5.5)

3. Determine the use and control of state owned land in the light of

broader social, economic and environmental objectives, ensuring

that actions are consistent with existing obligations under national

and international law and voluntary commitments under applicable

instruments (p 8.1)




3.1.3)

2. Consultations with the

land using public and

with civil society

organizations (p 4.5.3/ p

4.5.4)


land through tenure

reform (p 3.2.2)

38

4. Recognize and protect publicly owned land and the related

systems of collective use and management, including processes of

allocation by the State. (p 8.3)





communities and the private sector.(p 8.4)

6. Develop and publicize policies covering the use and control of

land retained by the public sector; develop policies that promote

equitable distribution of benefits from state owned land through

participatory processes.(p 8.6)









scale migrations (p 10.1)

4. Reform of land



delivery systems (p

3.6.2)

6. Land needs for other

uses (3.4.1)

Somalia Rebuilding confidence in

Land Issues in Somalia

To increase inclusive and

gender-equitable secure

access and sustainable

use/management of land

and other natural

resources in order to

facilitate productive

investments as well as

social and economic

development.




public service and judicial authorities. (p 5.1)

2. Determine the use and control of state owned land in the light of

broader social, economic and environmental objectives, ensuring

that actions are consistent with existing obligations under national

and international law and voluntary commitments under applicable

instruments (p 8.1)





communities and the private sector. (p 8.4)






1. Reform of land


(p 3.6.3)


delivery systems (p

3.6.2)




3.1.3)

4. Integrating land issues

into decision making

processes (p 3.1.2)

5. Land needs for

planning and

infrastructure in the rural

areas (p 3.4.5)

39




scale migrations.(p 10.1)

5. Prevent corruption in dispute resolution processes. (p 21.5)

6. Take steps to prevent and eliminate issues of tenure of land as a

cause of conflict and ensure that aspects of tenure are addressed

before, during and after conflict including compliance with

applicable international humanitarian law where applicable.(p 25.1)


Africa (p 2.3.3)

South

Sudan

Support to Land

Governance in South

Sudan in the scope of the

Voluntary Guidelines

Improve land governance

system in South Sudan in

line with the VGGT and

F&G through building

capacity of MLHPP and

of other key land-related

stakeholders in South

Sudan.




public service and judicial authorities. (p 5.1)









scale migrations. (p 10.1)

3. Provide through appropriate consultation and participation

transparent rules on the scale, scope and nature of allowable

transactions in tenure rights and define what constitutes large-scale

transactions in tenure rights in the national context. (p 12.5)






including holders of such rights duties. (p 17.1)

5. Provide access through impartial and competent judicial and

administrative bodies to timely, affordable and effective means of

resolving disputes over tenure rights including ADR. Provide a

right to appeal. Enforce remedies. Services should be accessible to

all, women and men, in terms of location, language and

procedures.(p 21.1)




3.1.3)

2. Reform of land


(p 3.6.3)


delivery systems (p

3.6.2)

4. Promoting the

development of land

rights transfer systems

and markets (p 3.3.3)


Africa (p 2.3.3)

40

Swaziland Enhanced capacity for

sustainable land

administration and

management at national,

regional and chiefdom

level

Provide tools and

capacities for sustainable

land administration and

management at national,

regional and chiefdoms

level.

1. Place responsibilities at levels of government that can most

effectively deliver services to people, clearly defining roles and

responsibilities of agencies and ensuring coordination between

implementing agencies, local governments, indigenous people and

other customary tenure communities (p 5.6)






equity (p 6.1)









scale migrations.(p 10.1)






including holders of such rights duties. (p 17.1)

1. Reform of land


(p. 3.6.3)




3.1.3)


delivery systems (p

3.6.2)

41

Appendix III: Templates for Standardized reporting

SUPPORT TO AND CAPITALIZATION ON THE EU LAND GOVERNANCE PROGRAMME IN AFRICA

TEMPLATES FOR STANDARDIZED INFORMATION

1. PROJECT SUMMARY SHEETS (SET OUT IN EXCEL)

COUNTRY PROJECT

TITLE

PROJECT

OBJECTIVE

PROJECT

OUTCOME

KEY

THEMATIC

ISSUES

COMMENCEMENT

DATE

IMPLEMENTATION

ORGRANIZATION

PROJECT

VALUE

VGGT

REF

F&G

REF

IMPLEMENTATION

ORGANIZATION

CONTACT

EU

DELEGATION

CONTACT

Angola

Burundi

Cote

d’Ivoire

Ethiopia

Kenya

Malawi

Niger

Somalia

South

Sudan

Swaziland

42

2. REPORTS OF ACTIVITIES ON INTEGRATED IMPLEMENTATION OF VGGT AND F&G

The report should be based on the five pillars in the transversal project document:

Pillar I : Awareness raising

Pillar II: Capacity development

Pillar III: Support to country level projects

Pillar IV: Partnerships, cooperation and coordination

Pillar V: Monitoring and Evaluation

Pillar I: Awareness raising on VGGT and F&G

a. Nature of the awareness raising event eg National workshop, regional workshop, focus

group, etc. …………………………………………..

b. No of participants: Male …………….. Female …………………………..

c. Lessons learnt/ key outcomes

i. …………………………………………………

ii. …………………………………………………..

iii. …………………………………………………..

iv. …………………………………………………….

v. ………………………………………………………..

d. Key challenges

i. ……………………………………………………………….

ii. ………………………………………………………………..

iii. ………………………………………………………………….

iv. …………………………………………………………………

v. ……………………………………………………………………

43

Pillar II: Capacity Development

a. Target group eg Government agencies/public sector, private sector, Civil Society, Youth,

Women, etc. …………………………………………….

b. No. of participants: Male ……………………………… Female …………………………….

c. FAO Tools used eg VGGT, Technical Guides (FPIC, Gender, Forest), E-learning, etc.

i. …………………………………………..

ii. ……………………………………………

iii. …………………………………………..

d. LPI tools used eg. F&G, Guiding principles of LSLBI, etc.

i. ……………………………………………

ii. ……………………………………………

iii. …………………………………………….

e. Lessons learnt/ Key outcomes

i. …………………………………………………

ii. …………………………………………………..

iii. …………………………………………………..

iv. …………………………………………………….

v. ………………………………………………………..

f. Key Challenges

i. ……………………………………………………………….

ii. ………………………………………………………………..

iii. ………………………………………………………………….

iv. …………………………………………………………………

v. ……………………………………………………………………

44

Pillar III: Support to country level projects

a. Technical support provided

……………………………………………………………………………………………………….

b. VGGT principles applied in project activities:

i. ……………………………………………………………………………….

ii. ………………………………………………………………………………

iii. …………………………………………………………………………….

iv. ……………………………………………………………………………….

c. F&G principles applied in project activities:

i. ……………………………………………………………………………….

ii. ……………………………………………………………………………….

iii. ………………………………………………………………………………..

iv. …………………………………………………………………………………..

d. Key implementation lessons/ key outcomes

i. ……………………………………………………………………………….

ii. ……………………………………………………………………………….

iii. ………………………………………………………………………………..

iv. …………………………………………………………………………………..

v. ………………………………………………………………………………………

e. Key implementation challenges

i. ……………………………………………………………………………….

ii. ……………………………………………………………………………….

iii. ………………………………………………………………………………..

iv. …………………………………………………………………………………..

v. ………………………………………………………………………………………

45

Pillar IV: Partnerships

a. Which partners are involved in project implementations? ………………………………………..

b. Lessons learnt/ key outcomes of the partnership

i. ……………………………………………………………………………….

ii. ……………………………………………………………………………….

iii. ………………………………………………………………………………..

iv. …………………………………………………………………………………..

v. ………………………………………………………………………………………

c. Key challenges posed by the partnership

i. ……………………………………………………………………………….

ii. ……………………………………………………………………………….

iii. ………………………………………………………………………………..

iv. …………………………………………………………………………………..

v. ………………………………………………………………………………………

Pillar V: Monitoring and Evaluation

• This will be detailed out after the M&E Framework and indicators have been agreed.

46

3. M & E REPORTS

This will be detailed out after the M&E Framework has been designed. The TOR for recruitment

of a consultant has been prepared and submitted to HQ for approval.

47

4. PRESENTATION (POWER POINT, LEAFLETS, …..)

a. Project Title – Country

b. Project highlights

Background elements (including follow-up on previous project/ new project

Objectives

Outcomes/ Outputs

Geographical areas

Institutional set up

c. Main thematic issues

d. Main project activities

e. Key VGGT and F&G Guidelines for implementation

f. Lessons learnt

g. Challenges

h. Conclusion

48

5. THEMATIC ISSUE REPORTS

This will be reports on specific thematic issues that a project is dealing with. Themes may include:

Governance of tenure and large scale land based investments Governance of tenure in post conflict environment Governance of tenure of pastoral lands Governance of tenure of public lands Free prior and informed consent of local communities in large scale land based

investments Recognizing and recording the legitimate tenure rights of local communities, etc.

Reports on such thematic issues should follow the following:

a. Project Title (Country) b. Report Title (Thematic issue being reported on) c. Report objective d. Context of Thematic issue e. Description of activity including objectives and methodology f. Main findings g. Lessons learnt h. Challenges i. Way forward/Recommendations j. Conclusions

6. CONSULTANT REPORTS

These will be detailed out in each consultancy, relating each consultancy to the VGGTs and F&G.

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