1. IMPROVING TENURE SECURITY FOR THE RURAL POOR IN SUB- SAHARAN AFRICA Regional Technical Workshop Nakuru, Kenya, 23-26 October 2006

2. Outline Background – the Project The Workshop in Nakuru Discussion Topics Main Findings and Messages...

3. Background – the Project funded by Norway, 1 Apr ‘06 – 31 Mar ‘07 five themes involved in FAO land tenure and development law forest tenure management of fisheries rights gender and HIV / AIDS impacts on property rights sustainable agriculture and rural development (SARD) why rural Africa looking for empirical evidence about access rights technical outputs to inform the Property Rights WG of the Commission for Legal Empowerment of the Poor

4. The Workshop in Nakuru Participants government, professional, academia, NGO 60 from 18 African countries and 5 IOs Presentation of cases land: Kenya, Tanzania, Uganda, Ghana, Mali, Rwanda, Namibia, Mozambique forest tenure summary: Morocco, Senegal, Ghana, Cameroon, Gabon, Uganda, Tanzania, Mozambique, Zimbabwe, South Africa fisheries: Lake Victoria riparian countries gender & HIV / AIDS aspects: women, orphans in Zambia, Kenya, Tanzania, Malawi SARD: Kenya Group Discussions

5. Discussion Topics issues of access to natural resources in Sub-Saharan rural areas is formalisation of access rights or titling useful in rural areas how should land policy be implemented to empower the poor

6. Findings and Messages Africa is not poor because of lack of formal tenure systems land tenure in Africa is extremely complex the definition of “formal” needs to take into account the existing pluralism customary regimes can also undergo “formalization” titling: more appropriate for urban areas, no clear evidence to influence rural poverty customary systems often do not protect some vulnerable groups

7. Findings and Messages major fields of development interventions identified: policy and legal framework capacity institutional framework information, communication, awareness representation sustainable funding in parallel, rather than in sequence

8. Findings and Messages Policy and Legal Framework pro-poor land policies and laws developed by participatory approach, protecting the vulnerable national land laws to include the customary regimes (that are not anti-constitutional) structure the law so that the poor can benefit and have access to law appreciate all forms of tenure formalization should be demand-driven good example: Mozambique

9. Findings and Messages Capacity capacity building of all actors about policy / legal framework specific efforts to inform / build capacities of marginalised and vulnerable groups involve local / traditional leadership provide training to the grassroots – particularly targeted groups strengthen the communal systems

10. Findings and Messages Institutional Framework decentralize systems devolution of state powers in resource management to the local communities to have joint / shared management responsibility affordable efficient and accessible local land institutions accountable institutions alternative dispute resolution by NGOs give recognition and authority to local social institutions that provide moral support and solidarity

11. Findings and Messages Information, Communication, Awareness guarantee access to information address NGOs and paralegals provide access to legal support organize legal advice centres for marginalized set up village systems of document registration language and format must be appropriate simplify / translate laws

12. Findings and Messages Representation gender and vulnerable groups (women, orphans, pastoralists, fisherfolk, hunter- gatherers, people with disabilities, IDPs / squatters, informal settlers) include critical voices about formalization in discussions and debates empowerment of end users, the people, the vulnerable promote community info centres

13. Findings and Messages Sustainable Funding cost sharing: government, donors independent fund funding of the government, the poor, NGOs financial support for vulnerable groups

14. … Thank you for your attention! Vladimir.Evtimov@fao.org