AFRICAN UNION A FRAMEWORK FOR HARMONISED LAND POLICIES IN WEST AFRICA: an LPI – ECOWAS partnership Presentation to the World Bank Conference on Land Land Policy Initiative

OUTLINE Background Processes for the formulation of the harmonized framework Key features of the Framework The Rural Land Policy Observatory The Draft Directive on Rural Lands Critical Challenges to be addressed Conclusion

BACKGROUND Outcomes of the CAADP process: ECOWAS Regional Agricultural Policy (ECOWAP) Regional Agricultural Investment Plan (RAIP) National Agricultural Investment Plans (NAIP) of the member states In this context a critical imperative is to promote land tenure systems that ensure responsible and sustainable management of land resources improving equitable access to land, securing land tenure, enhancing transboundary resource management and lowering land related disputes and conflicts recognised as factor for economic growth and poverty reduction and regional integration ECOWAS partnered with LPI to develop a Framework for convergence of land policy in the region

PROCESS FOR DESIGNING THE FRAMEWORK Formation of a Regional Land Policy Task Force : Meeting 1 to define the regional strategy for the domestication of the F&G and implementation of the AU Declaration on Land Meeting 2 to prepare TOR for the consultancy on the Framework and roadmap for completion Two consultants recruited to undertake the study Validation workshop held from 04 – 06 June 2013 including participation of regional Task Force Draft Regional Directive on rural lands prepared and sent to member states for consideration and feedback.

FEATURES OF THE FRAMEWORK Having a single regional framework on formulation and implementation of harmonized land policies Speed up regional integration and common regional market through harmonization of on-going land related initiatives in the region Based on the F&G and other regional initiatives notably: CILSS Land Charter UEMOA Rural Land Observatory Also guided by the FAO/CFS VGGTs

VISION AND MISSION OF THE FRAMEWORK VISION: A West Africa where the States, in an all-inclusive and participatory manner, develop land policies which provide for secure and equitable access to land and natural resources, gender integration, conflict reduction, promotion of the sustainable management of natural resources, ensure sustainable human development, marshal actors likely to contribute to economic growth, improve their living conditions and contribute to political stability MISSION: to create in West Africa an environment conducive to the formulation and the implementation of land policies capable of ensuring secure and equitable access to land and natural resources for a sustainable development and political stability of the region.

GOALS OF THE FRAMEWORK Serve as a flexible and evolutionary framework for the formulation and the implementation of land policies in the region; Serve as the basis for formulation of strategies for the implementation of land policies in the region; Provide a platform for larger participation of the land actors in decision making processes in the land sector; Provide a reliable source of access to land information; Provide a platform for dialogue on land and sustainable management of natural resources and development; Provide a platform for regional dialogue on the principles of regional convergence on shared resources and sustainable management and use of land; Promote the culture of peace and social cohesion through a transparent and responsible management of lands and other natural resources.

OBJECTIVES OF THE FRAMEWORK Serve as a frame of reference for the formulation of land policies by member states Encourage and assist ECOWAS member states in the development and implementation of comprehensive inter-sectoral land policies in a participatory manner Serve as a capacity building tool for land policy formulation and implementation of in the region Serve as a tool for financial resource mobilization by ECOWAS and member states in support of land policy formulation and implementation in the region Integrate to the extent possible other on-going regional initiatives (CILSS Land Charter and UEMOA Rural Land Observatory)

PRINCIPLES OF THE FRAMEWORK General Principles Subsidiarity Proportionality Complementarity Regionalism Solidarity Partnership and consultation Progressivity Land Governance Principles Transparency Participation Education and sensitization

CRITERIA OF CONVERGENCE IN THE FORMULATION AND IMPLEMENTATION OF LAND POLICIES Based on the vision, goal and principles, land policies in the ECOWAS region should conform to the following five accepted criteria: Inclusive and participatory processes for formulation of land policy; Well defined implementation strategies of land policies; Mobilization of human and financial resources for the implementation of land policies. Well established and accountable governance structure; Efficient and effective monitoring and evaluation systems ;

THE FRAMEWORK provides guidance for the content of a land policy document provides guidelines for preparing a well defined strategy for implementation of the land policy Action plans Institutional capacity Human and financial resources Governance structures Monitoring and evaluation

THE RURAL LAND POLICY OBSERVATORY An initiative of UEMOA, but endorsed by ECOWAS and integrated into the Framework A tool to observe, provide guidance and foster progress tracking of land policy through data collection, information dissemination, research and training on land issues. Functions will include Collecting and making land information available Informing evidence-based decision making processes on land policy Creating a platform for regional experts consultations The Land Policy Observatory will be a key convener for expert consultations on land issues in the region and provide a platform for networking among centres of learning, government institutions, civil society and academia

DRAFT DIRECTIVE ON RURAL LANDS: Approach and Objectives Approach : Builds on AU F&G/ VGs/Convergence framework Overall objectives : To set fundamental principle for the management of rural lands in West Africa Specific objectives are, to : Guide member states in participatory land policy Promote common principles for management of land/ NR Develop a framework for addressing emerging land issues Promote standards of best practices for improving land governance Promote progressive harmonisation of land policy/ legislation

DRAFT DIRECTIVE ON RURAL LANDS: Key principles Information and participation Subsidiarity Complementarity Progressivity Equity and justice Gender Cooperation

DRAFT DIRECTIVE ON RURAL LANDS: Structure Chapter 1: General provisions Chapter 2: Development and implementation of land policy Chapter 3: Vulnerable groups Chapter 4: Land conflicts Management in rural areas Chapter 5: Managing transboundary land issues Chapter 6: Promoting investments and addressing LSLBIs Chapter 7: Final provisions

CRITICAL CHALLENGES Language: ECOWAS has three main official languages (English, French and Portuguese); all documents have to be translated into these languages, creating delay and sometimes breaks in documentation of issues. The principle of subsidiarity: Many member states consider land issues as national issues and therefore would not want a regional body such as ECOWAS to discuss. This has to be surmounted as many of the challenges are transboundary. Continued political commitment to implementation at country level can be a challenge. Capacity within ECOWAS to oversee implementation Continuous engagement with LPI – What role for LPI after the Framework?

CONCLUSION The Framework for Harmonized Land Policies in West Africa is a success story of partnership between ECOWAS and LPI. The two important outcomes of the process are the Rural Land Policy Observatory and the Regional Directive on Rural Lands. LPI’s role in continuing engagement after the framework is in monitoring implementation at both the regional and national levels and create platforms for discussing progress.