1. Towards a Continental Framework for Land Policy in Africa
Joan Kagwanja (UNECA)
Brave Ndisale (AU) Frank Kufakwandi (AfDB)
Workshop on Land Policies & Legal Empowerment of the Poor
The World Bank
Washington, DC, U.S.A
November 2 - 3, 2006

2. Outline The Rationale Main features of the framework
Guiding Principles and Benchmarks
Roadmap/Critical Steps
Stakeholders
Program Structure
Operational Mechanisms

3. Rationale for Framework
Rooted in/within the framework of NEPAD --APRM
Land as a basis for investment and economic growth
Land as a means for reduction of poverty and inequalities
Better governance of land resources/renewal of institutions
Potential value added of an African wide approach in generating resources/ capacity to tackle land issues
Land policy in relation to environmental management and existing commitments
Decentralized land management as a means for broadening and deepening of democracy
Land policy and reform as a means of integration at different levels

4. Main Features of the Framework
Providing a basis for political commitment by African nations, programs of common action/sound land policies
Gaining commitment of the international community in establishing a lasting framework for funding land reforms
Developing clear guidelines and benchmarking of good practice for land policy, land reforms and land institutions.
Promoting constructive treatment of land issues within the CAADP framework to facilitate agricultural transformation
Promotion of programs for securing urban land rights to support urban growth and development of peri-urban areas.
 Making land policies and the performance of land institutions subject to the African Peer Review Mechanism
The main functions and features of a pan-African framework for land policy and land reform should include:
Providing a basis for political commitment by African nations at continental level; programmes of common action at subregional/Regional Economic Community (REC) level; and putting in place sound land policies at national level, as a basis for sustained economic growth and poverty reduction
Gaining commitment of the international community in establishing a lasting framework for funding land policy and land reform to support policy processes, legislative change, the roll-out of programmes for tenure security and land access, land institution building, land dispute and conflict resolution, greater voice and capacity in civil society, lesson learning, research and training.
Developing clear guidelines and benchmarking of good practice for land policy land reforms and the performance of land institutions.
In the context of CAADP, promoting land policy to underpin agricultural transformation, and ensure the constructive and equitable treatment of tenure issues in relation of CAADP investment projects.
Promotion of programmes for tenure upgrading to secure urban land rights, and access to services, reduce and eliminate forced evictions and support orderly urban growth and development of peri-urban areas.
Making land policies and the performance of land institutions subject to the African Peer Review Mechanism

5. Guiding Principles/ Benchmarks
Protection of land rights
Transparency in land management
Improvements in land administration
Improvements in land access and distribution
Land management in conflict and post-conflict situations
Prioritization of land issues national development planning

6. Roadmap/Critical Steps
A continental Consultative Workshop, March 2006
An issues/discussion paper turned to a background document
Stakeholders.
Outcomes:- Elements/thematic issues; Features of a vision/guiding principles; Actions /sequential activities; Roles of stakeholders/partners; Resource mobilization.
Regional Assessments and Consultations-ongoing
Regional specificities, initiatives/lessons
Challenges, knowledge, institutional/resource gaps, on-going initiatives.
Outcome:-enriched draft of framework and guidelines; regional background document
a) A continental Consultative workshop
The consultative workshop, which took place March 2006 at the United Nations Conference Centre (UNCC), Addis Ababa, was the first step in the process of developing a land policy framework and guidelines. The discussions were informed by an issues/discussion paper, and brought together representatives from African governments, Regional Economic Communities, Civil Society including farmers’ organizations, African private sector, Centres of Excellence and Development Partners. The consultative workshop was successful in building consensus around the following issues:
Elements and thematic issues that would characterize the framework and guidelines of land policy and land reform in Africa;
Features of a vision and guiding principles for a framework of land policy in Africa;
Actions and sequential activities needed to develop a land policy framework and guidelines; and
Roles of stakeholders and partners, and resource mobilization.
The outputs of the workshop were: i) a background document summarizing the main land issues in Africa that should be used as the basis for developing the guidelines and framework; and ii) a skeleton framework of land policy and land reform in Africa.
b) Regional consultations
Using the background document and the skeleton framework resulting from the consultative workshop, as well as regional assessments as the basis for discussion, the consultations will ensure that regional specificities, initiatives and lessons are used to enrich the framework. In order to help define medium and long-term processes, the regional consultations will also help to identify challenges, knowledge, institutional and resource gaps as well as on-going initiatives. This will assist in mapping out a strategy for capacity building and lesson-sharing activities vital to the implementation of the framework.
The key outcome of the regional initiatives is an enriched draft of the continental framework and guidelines of the land policy and land reform framework. In addition, a regional background document will outline the key elements and processes, needed in the medium and long-term to facilitate the implementation of the framework.
c) African Experts meeting; and d) Meeting of African Ministers Responsible for Land
Having enhanced the land policy and land reform framework with regional consultations, the draft framework will be subjected to an extensive review and discussions by key experts from land related line ministries of all AU member States. A key outcome of the experts meeting will be a refined draft of the framework and guidelines to be sent to the ministerial meeting. In addition, an Experts Report on the land policy framework and guidelines including key recommendations on its implementation will be produced.
Following the Experts meeting, Ministers will review and adopt the Expert’s Report and Recommendation on Land Policy Framework and Guidelines.
e) The Summit of Heads of State and Government
The Ministers’ Report and Recommendations on Land Policy Framework and Guidelines will be subjected to the policy organs of the AU Summit for consideration and adoption. These include the Permanent Representative Council (PRC) and the Executive Council (EC) of the Assembly. The Executive Council will prepare a draft Declaration for consideration, review and adoption by the Assembly of African Heads of State and Government. The Declaration will contain resolutions and decisions on its implementation and follow-up.
Regional Assessments-- Rationale, Objective and Expected Output
The regional assessments aim to raise land policy issues that highlight regional specificities, existing initiatives and lessons that will enrich the framework and guidelines. The assessments will also help to identify challenges, knowledge, institutional and resource gaps as well as on-going initiatives. This will assist in mapping out a strategy for capacity building and lesson-sharing activities vital to the implementation of the framework in the medium to long-term. Using the Background Document and the skeleton framework resulting from the consultative workshop, as well as regional assessments as the basis for discussion, the consultations will ensure that regional specificities, initiatives and lessons are used to enrich the framework. The AU-ECA-ADB Joint Secretariat will work closely with Regional Economic Communities (RECs), African member states and other stakeholders in conducting the regional assessments and the consultation workshops.
The key outcome of the regional initiatives is an enriched draft of the continental framework and guidelines of the land policy and land reform framework. In addition, a regional background document will outline the key elements and processes that are needed in the medium and long-term to facilitate the implementation of the framework and hence support sub-regional and national processes aimed at implementation of land reforms to strengthen land rights, enhance productivity and secure livelihoods.

7. Roadmap/Critical Steps
African Experts/Ministers Meeting
Review/discussions by key experts and ministers of land related line ministries
outcome - refined draft of framework and guidelines; Experts’ report /recommendation adopted by ministers; ministers report
Summit of African Heads of State and Government
Ministers’ report sent to policy organs of the AU Summit
Permanent Representative Council (PRC)
Executive Council (EC) of the Assembly.
Executive Council to prepare a draft Declaration for review/ adoption by the Assembly of AHSG

8. Stakeholders
Land users: smallholder farmers, pastoralists, natural resource users, urban dwellers and investors
National level: sectoral ministries, land agencies and institutions, local government
Traditional authorities and customary institutions
Pan African institutions
African Union; Economic Commission for Africa; African Development Bank
Regional Economic Communities
Donor Agencies
Research and Training Institutions
Civil Society
Regional Networks

9. Program Structure Suggested principle program components:
A facility to support agricultural development
A facility to strengthen urban and peri-urban property rights
Cross cutting facilities or programs
A land administration/institutions facility
A program of training and human resources development
A research development program
A civil society support facility
In addition a number of cross cutting facilities or programmes could be established:
·        A land institutions facility: to support institutional change, development and decentralisation in government land agencies;
·        A programme of training and human resources development: to generate long term support and capacity building for African higher education and training institutions to develop the human resources required for land policy and land reform in Africa during the 21st century;
·        A research development programme: to develop an Africa wide research framework on land to which a variety of research organisations, networks, donors and international institutions can contribute to fill knowledge gaps and support ongoing land policy / implementation processes; and
·        A civil society support facility: to support advocacy, public debate and consultation in-country and regional networking and lesson learning, and build NGO and CSO capacity to assist governments in land policy implementation.

10. Operational Mechanisms
Core management group –AUC, ECA, ADB with High level panel of Experts on land policy (similar to AU high level panels on FS and Ag)
Platform/forum for Advocacy on policy coordination
Guidance and advice on implementation at regional/national level-align principles of framework
Mobilize resources-long term funding framework; interim arrangement
Facilitate exchange of information
Coordinate application of APRM to land policy, legislation and performance of land institutions
Convene high-level meetings to review progress-link to cycle of AU/NEPAD
African land policy facility to be integrated in to the structure of NEPAD.
A core management group comprising representatives of AUC, ECA and ADB as both an interim and a longer-term arrangement
A high-level panel of expertise on land policy issues with the following possible mandates (based on similar mandates for AU high level panels on Food Security and Agriculture):
·        Serve as a forum and platform for advocacy on the coordination of land policy continent wide and the establishment of norms and benchmarks of good practice in land policy and the performance of land institutions;
·        Provide guidance and advice in rolling out the framework at sub-regional and national levels, promoting strategies for land policy reform and implementation aligned with the principles of the framework;
·        Mobilise resources to support the programme structure and facilities of the framework in the context of strategies to improve agricultural investment, economic growth, poverty reduction and good governance;
·        Promote and defend Africa’s interests at the global level in developing coherent and as necessary distinctive African approaches to land policy and land law and tenure institutions; and
·        Facilitate the exchange of data between sub-regions and countries by encouraging and assisting the RECs to develop similar arrangements and develop a long term funding framework operated by the RECs to assist African nations to address land issues.
The of Pan-African institutions management group would also have the function of coordinating the application of the African peer review process to land policies, legislation and the performance of land institutions
The management institutions would convene occasional high-level meetings of land ministers, senior officials and independent experts to review the progress and objectives of the framework. These could be linked to the existing meeting cycle of the AU/ NEPAD in reviewing agricultural development and food security.
Management and steering arrangements to be replicated by the RECs, once capacity is in place. They would establish their own expert panels and refine and adapt the principles, policy and practice benchmarks, programmes and facilities of the framework to specific sub-regional needs. Regular meetings of policy makers, senior officials and opinion leaders on land policy would take place at sub-regional level coordinated by the RECs, for purposes of steering the development of the land policy facility in each region, and to exchange information, experience and lessons. There would however need to be provision for cross regional meetings, learning and networking at the Pan-African level.
The core management group and the expert panel would provide the principal interface with NEPAD and with the G8 and other donor institutions in negotiating funding for the framework and its program. The management group would probably need to establish some interim fund management arrangements, but the longer-term objective would be for funds to be managed and disbursed directly by the RECs. In principle, funds might also be committed within the terms of the framework by donors directly to member states and recipient institutions (e.g. in the case of research, training and civil society institutions). Loan funds to support land policy development and implementation, or specific projects aligned with the principles and programme structure of the framework could be managed and disbursed by the African Development Bank. The suggested urban and peri-urban property rights facility might also be managed in coordination with UN Habitat and the Cities Alliance.

11. Thank you!!