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Workshop on Land Reform, Land Trusts and Stewardship Co-ordinated by Conservation International and SANBI 20 th November - Pretoria Rick de Satgé.

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Presentation on theme: "Workshop on Land Reform, Land Trusts and Stewardship Co-ordinated by Conservation International and SANBI 20 th November - Pretoria Rick de Satgé."— Presentation transcript:

1 Workshop on Land Reform, Land Trusts and Stewardship Co-ordinated by Conservation International and SANBI 20 th November - Pretoria Rick de Satgé

2  Policy and strategy initiatives ◦ DLA’s attempts to integrate environmental planning into land reform ◦ National Settlement & Implementation Support Strategy ◦ Land and Agrarian Reform Project (LARP)  Case sketches ◦ Mtakatye (Eastern Cape ◦ Schmidtsdrift (Northern Cape)

3  In 2001 a joint DLA/DANCED project produced Policy and Guidelines on the Integration of Environmental Planning into Land Reform and Land Development  Guidelines highlighted that environmental sustainability (both bio-physical and socio- economic) had not enjoyed adequate attention  Proposed introduction of an Environmental Decision Support Tool as an integral part of project assessment and planning procedures

4  Guidelines tested in 2005 and the Environmental Evaluation Unit (UCT) developed an Environmental and Sustainability Assessment Tool  Designed to provide an integrated natural resource baseline highlighting environmental opportunities and constraints as a basis for a management and monitoring plan

5  Guidelines remain unimplemented  Institutional fragmentation where natural resource management is concerned  Plethora of legislation administered by different departments  Emphasis on the development of resource assessment tools and legislative compliance while development and support of local institutions to manage rights and resources neglected

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7  The review of post transfer support to Restitution and Redistribution programmes highlighted: ◦ Inadequate budget and prioritisation of this key function  International experience indicates that the cost of land purchase should amount to between 30% and 40% of total support package ◦ Land reform dominated by quantitative targets (hectares transferred and claims settled) rather than qualitative results ◦ Lack of clarity on the farming systems that should result from land reform

8  Narrow conception of the scope of support required  Inadequate conceptual and institutional framework for integrated planning and settlement support ◦ No clarity about whose responsibility this should be  Poor intergovernmental relations limit the co- ordination of effective support

9  Distinguishes between front end services needed by land reform projects ◦ Social ◦ Institutional ◦ Environmental ◦ Economic  Back office support to create an enabling environment at local, district, provincial and national scale

10  Reframing land reform as a joint programme of government, the private sector and civil society - coordinated by DLA in partnership with DoA and located within the District IDP  Drawing on DPLG guidelines for joint programme management gazetted ito IGRFA  Area based planning  Developing designated support agencies and partnerships at District Municipal scale

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13  Elements of the SIS strategy have informed the Land and Agrarian Reform Project (LARP) – a recent DLA/DoA partnership  However it appears that key aspects of the strategy including: ◦ Land rights determination and management ◦ Dedicated support for CPIs ◦ Development of functioning common property resource management regimes ◦ Integrated natural resource management have yet to find a home  In our view these are prerequisites for effective stewardship programmes

14 Mtakatye Schmidtsdrift

15  Land reform takes place in vastly different institutional settings ◦ State owned communal areas ◦ Privately owned land which has been redistributed or restored held by a CPA or a Trust ◦ Forestry areas ◦ Protected areas ◦ Municipal commonage ◦ State owned land acquired through PLAS ◦ Labour tenants and occupiers on commercial farms

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17  A communal area on former Transkei Wild Coast  A former betterment area – limited arable land  Pockets of declared and ‘chief’s forests’  Most people cultivating homestead gardens ◦ Declining yields and soil fertility  Perception that land in the forests more fertile than home gardens  Early 1990’s people invade and clear portions of declared indigenous forest  Increasing pressure on marine resources particularly shellfish in the intertidal zone

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21  How has government responded? ◦ DEAT provided a grant to a local entrepreneur to  develop an indigenous nursery  hire people to clear invasive aliens  replant deforested areas  Current situation unclear

22  Contested local governance and unsupported land tenure systems can result in de facto ‘open access’ ◦ Continuing uncertainties about exercise of land rights management functions  The case an ideal zone for ‘participative forest management’ ito the NFA ◦ However low visibility of DWAF Forest Officers in 2006 ◦ People reluctant to leave cleared areas  Government responses fail to engage with key land and resource tenure issues which underpin sustainable management of the forest resources ◦ Commodification of medicinal plants also contributes to pressure on forest resources

23  Fragmented responses to multisectoral issues – forests, rangelands, marine resources land and resource tenure  These require an area based joint programme with a clear champion  Currently the approach to stewardship avoids situations where there is institutional confusion or conflict due to high risk of failure  However there is an argument to be made that these situations could become the focus for an integrated stewardship programme

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25  Tswana and Griqua occupants of Schmidtsdrift forcibly removed in 1968  SADF established a training camp  Competing land claims settled through negotiation in 2000  31,829 ha restored to a CPA  Restoration characterised by contestation between Tswana and Griqua claimants, ‘traditionalists’ and ‘modernists’  Some 300 households return to 5 settlement areas ◦ 2 declared rural townships ◦ 3 spontaneous settlement areas  CPA Constitution fails to determine individual rights, benefits and responsibilities

26 Alluvial diamond mining commences in 2001 with prospecting rights awarded along the whole river frontage.

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28  Alluvial diamond mining has massive impact on grazing, cultural and natural assets ◦ In 2003 Government temporarily closed mining activities of NDC after damage to graves and pollution of environment but it soon resumed ◦ Currently between tonnes of material are processed per month ◦ Contributes spread of prosopis and other invaders ◦ Alleged illegal abstraction of water ◦ Inadequate rehabilitation  How to give meaning to local stewardship when powerful mining interests ride roughshod over the law and government interventions and monitoring are ineffective?

29  Prior to removal people were settled in six areas ◦ On their return people encouraged to live in two main settlement areas – majority remain offsite ◦ Settlement pattern encourages overgrazing in areas around settlements  Increasing bush encroachment ◦ For several years after settlement there was no investment in grazing camps or water infrastructure  Game relocated to an area which one group of claimants utilised for grazing ◦ Creates conflict over resource use

30 Phuhlisani appointed in 2008 to clarify membership, rights, address conflict and align plans

31  Common property resource management depends on decentralised management, agreed boundaries (even if these may be fuzzy) and memberships, effective monitoring, and conflict resolution mechanisms  Clarification of rights ◦ Access and use rights ◦ Management rights ◦ Exclusion rights ◦ Transfer rights  Clarification of duties and contributions  Credible management institutions and compliance capability  Environmental stewardship initiatives require investment in tenure systems and local institutions ◦ Self managing ‘stewardship’

32  Land reform spans diverse settings ◦ Ranges from projects on a small geographic scale utilised by family members and relatively homogenous and coherent groupings through to large land areas where large and heterogeneous groups have rights  Clearly stewardship initiatives will be easier to implement in confined and stable settings  However developing multisectoral stewardship initiatives which can engage in large and complex settings like Mtakatye and Schmidtsdrift remains a key challenge which to date has not been addressed

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