The inaugural Conference on Land Policy inAfrica concluded on Friday 14 November 2014 after three full days of
presentations and discussions at African Union (AU) headquarters in Addis
Ababa, Ethiopia. Themed "The next decade of land policy in Africa:
ensuring agricultural development and inclusive growth," the Conference
brought together parliamentarians, ministers, practitioners, academics,
community representatives and other stakeholders to discuss the issue of land
in Africa. The Conference was organized by the Land Policy Initiative, which is
a joint programme of the African Union Commission (AUC), the African
Development Bank (AfDB) and United Nations Economic Commission for Africa
(ECA). Natural Justice attended the Conference with the support of the
Institute for Advanced Sustainability Studies.
While numerous issues were discussed, from
global initiatives to national land policy reform to customary tenure systems,
three key themes were raised throughout the Conference: implementation of
guidelines and policies; customary tenure; and information dissemination.
Implementation is Crucial
The opening session of the Conference
featured representatives of the European Union, the FAO, UN Habitat, the AfDB
and the Ethiopian government, among others. Speakers made reference to numerous
guidelines and declarations, including the Framework and Guidelines on Land
Policy in Africa (link), the Nairobi Action Plan to Promote Land-Based
Investments that Benefit Africa (link), and the AU Declaration on Land Issues
and Challenges in Africa (link). The
Conference also served as a forum to launch the AU Guiding Principles on Large
Scale Land Based Investments in Africa (link). Throughout the Conference,
presenters also provided information on new or existing land laws and policies
in numerous African countries. There are also global guidelines relevant to
land, such as the Voluntary Guidelines on the Responsible Governance of Tenure
(link). However, again and again, questions were raised by both presenters and
participants regarding implementation of guidelines and national policies.
Moving from paper to practice is one of the critical issues facing African
countries with regard to land.
Customary Systems Must Be Considered in
Land Policies
While some countries such as Tanzania have
done away entirely with customary systems of land tenure, in many countries
such as Ghana, Zambia and Uganda, customary tenure remains an integral part of
the land system. Often these customary tenure systems are administered through
a Chief system that operates in conjunction with the national system. As
countries in Africa draft new policies and revise existing ones, the manner in
which customary tenure systems are taken into account will need to be carefully
considered.
Information Dissemination is Needed
Throughout the Conference, another
recurring theme was the need to disseminate information on various frameworks,
guidelines, and national laws to communities. Participants noted that often
communities are unaware of relevant national policies and regional frameworks.
Many methods are available to raise awareness, and Burkina Faso provided one
example. After a new land registration code was drafted in 2004, community
theater was used in 696 communities to provide information on using the
registration law, with women playing a key role in the process. Community protocols are particularly relevant in this regard, as part of their
development involves providing information on relevant guidelines and national
laws in the context of the issues that communities face.
Many other issues exist of course,
including intra-community conflicts, multiple claims to registered land (for
example, in Uganda, 90% of court cases are related to disputes over land),
women's land rights, and internally displaced persons. Some issues were also
barely discussed, such as the effect of investment treaties on the development
of national land policies. If the Conference becomes an annual event, perhaps
some of these issues could be taken up next year in more detail.
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