Mattingly "AI & Prompt Design: Large Language Models"
BMGF Land Issues Framework
1. Framework for addressing land access in agricultural development strategies and grants 27 th October 2009
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15. Within the family Across / among communities Pastoralists Increasing conflicts with farmers over land & water Ethnic / religious minorities Discrimination can be exploited by majority groups to seize land Migrants, newcomers, non-nationals Highly variable, vulnerability depends on status of migrant Unfavoured kin Widows, divorced and separated women, second wives and their children especially vulnerable Orphans Common in war zones, AIDS hotspots 1 , family land stolen while children too young to claim Younger generations Inheritance not assured where land is scarce Affected by HIV / AIDS Families lose out when landholder dies or is too ill to use land Resource poor & indebted Land or harvest reclaimed by creditors, difficulties paying rent Within the community Women Land use rights may be reclaimed by husbands, brothers, fathers, uncles, children etc, especially where land values rise Displaced peoples Former land rights difficult to recover post-conflict Groups vulnerable to land loss Groups more vulnerable to losing access to land Women are represented in all groups, but are also discriminated against directly because of their gender THEORY & LEARNING
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21. Diversity and limited reach of national land policies National policies vary considerably, though the state tends to claim a key role – but implementation is limited, customary rules often still apply, and different tenure systems may overlap in the same territory THEORY & LEARNING Burkina Faso Nationalised land in 1984 but subsequent reforms introduced private ownership Mozambique 1990 Constitution, 1997 Land Act: land ownership with the state, use rights protected Nigeria 1978 Land Use Act: land ownership vested with each state governor Tanzania 1999 Land Act & Village Land Act: land vested with president, use right s protected Kenya 1954 Swynnerton Plan and subsequent legislation Ghana Some state owned land, most is private belonging to customary chiefdoms, extended families and individuals - estimated that 80% - 90% of all undeveloped land in Ghana is held under customary tenure 1 Reforms recognising customary land rights Mali: Land Code 2000 Mozambique: Land Act 1997 Namibia: Communal Land Reform Act 2002 Tanzania: Land Act and Village Land Act 1999 Uganda: Land Act 1998 Nationalisation of land Ensures government control of valuable assets, justified as a means to promote planned agricultural development – but local use rights may still be protected, and government may allocate land to private investors Privatisation of land Land owned in individuals or groups, as a means to stimulate commercial agricultural development Mali Private ownership allowed but difficult to access, most land state-owned Ethiopia Land nationalised, use rights protected
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37. Development projects and processes can result in a loss of land access and other unintended consequences Increase in land values Exacerbated competition for land Change in land use Change in land holding Loss of land access by vulnerable groups Increased frequency and intensity of conflict Increased social & economic exclusion Increased returns to agriculture Disposal of valuable lands to external investors Development projects Development contexts Loss of commons and off-farm natural resources LAND ACCESS CONCEPTUAL FRAMEWORK Increasing returns to agriculture increase land values and can stimulate competition for agricultural land... ...which can lead to changes in land uses and land holding arrangements... ...potentially resulting in a loss of land access, and additional unintended consequences relating to land and natural resources Impact pathway
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39. Land use change through irrigation projects Privileged resource users can prevent others from accessing land LAND ACCESS CONCEPTUAL FRAMEWORK Successful irrigators may enclose and gain formal title to river valley land areas formerly used by other groups for flood recession and dry season grazing Successful irrigators may also block access routes for pastoralists to water their cattle Irrigation technologies may lead to increased upstream water abstraction, diminishing the value of downstream floodplain land 2 1 3 1 Marginal lands, commons or fallow Land under lower-value crops 2 Diminished value floodplain River Irrigated land holding under higher-value crops Access route Pastoralists, and other land vulnerable groups 3
40. Changes in land use may trigger changes in land access Displaced land users may have to exploit less suitable lands, or they may lose land access entirely Land under lower-value crops Marginal lands, commons or fallow Land under increased-value crop (due to project) Expansion of area under increased-value crop LAND ACCESS CONCEPTUAL FRAMEWORK Growing land scarcity Insecure land rights Develop- ment project Context 1 2 Displacement of land users, especially poor, women and youth Eroded customary authority More powerful groups (within or outside the community) may strengthen their land access to benefit from increased-value crop. Pre-existing users may be forced off land. 1 Where the area under the increased-value crop expands, users displaced from this area may encroach on other lands, including the commons (e.g. grazing and forest lands). Fallow periods may become shorter. 2
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65. One possible delivery option (for discussion) for communicating land access issues, and identifying preventative / mitigating solutions OPERATIONAL FRAMEWORK & INDICATORS Farmers / other stakeholders communicate land access issues to grantees, consultants and / or GLTN complementary projects Farmers / other stakeholders BMGF Program Officers Technical Advisors / Consultants BMGF Land Program Officer Grantees and POs work with the Land PO and Technical Advisors / Consultants to understand: land access issues; land access and livelihood impacts; preventative and mitigating measures; M&E development and implementation; project evaluation 1 3 2 Land PO works with grantees, consultants or GLTN to diagnose land access issues and devise preventative / mitigating solutions for farmers / other stakeholders Expert advice on land access issues Communication of land access issues GLTN Consultants Grantees
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67. OPERATIONAL FRAMEWORK & INDICATORS The grantee will work with partners to select countries in which to implement the tools for address land issues Slide 2 of 3 BMGF focus country and level of BMGF investment in the country (number & duration of projects, amounts committed) Presence of a BMGF grantee project with recognized land related risks and where project management is willing to collaborate with an external, complementary project Engagement of a local or national government body with appropriate mandate, and GLTN network partners on the ground with adequate skills and capacity Constructive and open land policy framework in which innovation to strengthen land administration on the ground is accepted, if not encouraged Possible criteria for selecting countries might include: Range of different types of BMGF grants (production of annual / perennial crops, market access, input supply, S&T)
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71. Key organizations: Public sector Slide 1 of 3 UN system FAO FAO Land Tenure Studies Series UN-HABITAT Global Land Tools Network UNDP Land Governance Cross Practice Initiative 2005 UN Economic Commission for Africa Land Tenure Systems and Sustainable Development in Southern Africa 2003 Other World Bank Land Policy for Growth and Poverty Reduction 2003 European Union Land policy guidelines 2004 African Union Land framework and guidelines 2009 Bilateral donors European SIDA Position paper on natural resource tenure 2007 French Cooperation White Paper 2008 GTZ (Land Tenure in Development Cooperation) 1998 USAID Nature, Wealth and Power: Emerging Practice for Revitalizing Rural Africa 2002 MCC Fact Sheet on improving land tenure, access and property rights
72. Key organizations: Networks, NGOs, CBOs Slide 2 of 3 Networks International Land Coalition Towards a Common Platform on Access to Land 2002 Non-governmental organizations Oxfam http://www.oxfam.org.uk/resources/learning/landrights/index.html Social movements, producer organizations, alliances Via Campesina http://viacampesina.org/main_en/ Reseau des Organisations Paysannes et de Producteurs de l’Afrique de l’Ouest (ROPPA) www.roppa.info/?lang=en Kenya Land Alliance www.kenyalandalliance.or.ke Uganda Land Alliance www.ulaug.org Angola Rede Terre (Land Network) Coalition of NGOs established in Luanda 2002 National Natural Resources Forum Tanzania http://www.tnrf.org National Land Committee, RSA www.nlc.co.za Namibian NGO Federation Umbrella network of NGOs in Namibia Women and Law in Development in Africa www.wildaf.org.zw/
73. Key organizations: Research institutions Slide 3 of 3 International International Institute for Environment and Development (IIED) www.iied.org Natural Resources Institute (NRI) www.nri.org Groupe de Recherche et d’Echanges Technolo
Notas del editor
Document Identifier
Definitions adapted from FAO, 2003 Multi-lingual thesaurus on land tenure ; UN-HABITAT, 2003 Handbook on Best Practices, Security of Tenure and Access to Land ; and Sida, 2007, Natural Resource Tenure.
Cotula 2002 citing FAO 1995; WDR 2008 citing Andriquet and Bonomi 2007 and von Braun 2003 Deininger 2003 Cotula 2002 citing FAO 1995
Dabiré and Zongo, 2005
Rocheleau and Edmunds, 1997, on the Luo of Kenya.
Shackleton et al 1999, in Cousins WP 125 Land Tenure and Economic Development in Rural South Africa: Constraints and Opportunities Source: WRI 2005 citing Dei 1992:67 Fisher 2004 Kerapeletswe and Lovett 2001:1 Cavendish 1998:7.
Shackleton et al 1999, in Cousins WP 125 Land Tenure and Economic Development in Rural South Africa: Constraints and Opportunities Milennium Ecosystems Assessment (2005): Transformation of rangelands to cultivated systems (approximately 15% of dryland grasslands, the most valuable dryland range, were converted between 1950 and 2000).
According to UNAIDS 2008 REPORT ON THE GLOBAL AIDS EPIDEMIC: 2007 estimate - more than 11 million children (-17yrs) in sub-Saharan Africa have lost at least one parent to HIV/AIDS; By 2010, expected to rise to 20 million children in SSA who have lost at least one parent to HIV/AIDS. Countries which have more than 300,000 orphans due to AIDS include Cameroon, Cote D ’ Ivoire, Ethiopia, Kenya, Malawi, Mozambique, Nigeria, South Africa, Tanzania, Uganda, Zambia, Zimbabwe,
1. Mozambique Land Act 1997: both men and women can have use rights in state-owned land, and succession must not discriminate on grounds of sex (arts. 10(1) and 16(1)). Niger Rural Code 1993: recognizes the "equal vocation" of citizens to access natural resources without sex discrimination (art. 4). Mali: legislation regulating access to irrigated plots in the Office du Niger scheme explicitly prohibits discrimination between men and women (Decree 96-188 of 1996, arts. 20 and 32). Uganda Land Act 1998: customary land right certificates are to be issued recording customary use rights (eg women’s rights to their husband ’ s land) (s. 6(1)(e)). Land adjudication to be decided according to customary law, but decisions denying women access to ownership, occupation or use are null and void (s. 28). Women must be represented in the Uganda Land Commission (at least 1 member; sect. 48(4)), District Land Boards (at least 1/3 of members; s. 58(3)) + Parish-level Land Committees (at least 1 member; s. 66(2)). Selling, leasing or giving away land requires the consent of the spouse (s. 40). However, a clause introducing presumption of spousal co-ownership, initially included in the legislation passed by the Parliament, was excluded by the President from the gazetted text. Tanzanian Land Act 1998: (ss. 3(1)(c) and 3(2)) explicitly affirms the equality of men ’ s and women ’ s land rights. Spousal co-ownership of family land is presumed (s. 161). Consent of both spouses is required to mortgage the matrimonial home (s. 112(3)), in case of repayment default, lender must serve a notice to the borrower ’ s spouse before selling mortgaged land (s. 131(3)(d)). ”Fair balance" of men and women required in appointment of National Land Advisory Council (s. 17). Village Land Act 1999: prohibits discrimination against women in the application of customary law (s. 20(2)), this is specifically reiterated concerning decisions related to a right of occupancy (s. 23). There must be women members of dispute settlement and land administration institutions. According to Trip, 2004, citing Tekle 2002: Eritrea amendments to the Civil Code 1994 + new Land Proclamation gave women the legal right to own and inherit land, along with other pro-woman reforms. It disallowed any discrimination based on sex, ethnicity, or religion. However, in spite of the extensive provisions in the Proclamation, women's activists have pointed out that in practice men are still refusing to give women land to which they are legally entitled.
Niger ’ s Rural Code (1993) and pastoral laws passed in Guinea (1995), Mauritania (2000), Mali (2001) and Burkina Faso (2002). However, legislation scarcely implemented in some countries, Eg Mali ’ s Pastoral Charter still lacks its implementing regulations. Pastoralism is a now legitimate form of productive land use ( mise en valeur pastorale), but this concept remains ill-defined, and generally involves investments in infrastructure (wells, fences, etc.). Rangelands affected by many laws, often uncoordinated, and managed by a range of different institutions. Laws on land, water, forests and decentralization may all have implications for rangeland management. A precursor to similar schemes in Rwanda, East Senegal, Niger, and Bostwana Scoones 1995, summarises various study results from Africa that show the pastoral system to be from 2 to 10 times more productive than ranching alternatives. MWANGI 2007 Adapted from map produced by OCHA ROCEA (June 2007) based on IFA-FAO data (2003) Kenya map Source: WRI 2007 Nature’s Benefits in Kenya : An Atlas of Ecosystems and Human Well-Being LIGHT BROWN REPRESENTS SAVANNA, LIGHT GREEN IS BUSHLAND/WOODLAND, BROWN IS CROPLAND West africa map MAP PRODUCED BY OCHA ROCEA IN JUNE 2007 (BASED ON IFAD-FAO DATA 2003) SHOWS REMAINING PASTORALIST (ORANGE) AND AGRO-PASTORALIST AREAS (BROWN) IN W AFRICA AND HORN OF AFRICA.
This is based on study of West Africa, synthesis studies of other parts of Africa not available. Chaveau et al 2006, Quan, 2007
Deininger, 2003 Madagascar official cost (excluding bribes) for titling on demand (Jacoby et al., 2006). Revised low-cost approach estimated at $7-28 per certificate (World Bank, 2006, Madagascar land and property rights review. Washington, DC: Africa Region). Cost range based on plans fonciers ruraux Lavigne-Delville, 2006. Registration of certificates of customary ownership. Deininger 2008 World Development Journal Swynnerton Plan of 1954; Registered Land Act of 1963; Land Adjudication Act of 1968 In Kanyamkago, for instance, only 7% of the plots were registered to women as joint or exclusive right-holders, and 4% to women as exclusive owners (Shipton, 1988). H eld in perpetuity, generally by individuals, exclusive, enforceable and freely transferable.
Deininger 2008 ARD Notes Issue 34 UN HABITAT “Land registration in Ethiopia: Early impacts on women” 2008 3. This is consistently carried out in Amhara, but not in the other states. In SNNP, registration of CPRs is at the discretion of each Kebele (or ward, this is the smallest admin unit in Ethioipia, lower than Woreda).
FAO, 2005 Huggins et al, 2005 Mathieu et al, 1998; Huggins et al, 2005 Deininger, 2003 Deininger, 2003; Huggins et al, 2005 Map from project ploughshares report on armed conflicts 2008
de Janvry et al, 2001 Kuechli, 1997
Document Identifier
Document Identifier Isaacman and Roberts, 1995 Belieres et al, 2002 Woodhouse, 2003 Traore, 2002 Kolawole, 2002 Van Koppen, 1998
Strasberg and Kloeck Jensen, 2002 Brück and Schindler, 2009
See e.g. Gray and Kevane, 1996 Mortimore, 1997 Otsuka et al, 2003 Chaveau et al 2006
Chauveau and Colin, 2007 Chauveau and Colin, 2007 & Lavigne Delville et al, 2001 Ouedraogo, 2006 Diarra and Monimart, 2006
Daley, 2005 Woodhouse, 2003 Cotula and Sylla, 2006 Thébaud et al, 2006 (Kolawole, 2002). An example of conflict re: small-scale irrigation A dispute between three villages in Burkina Faso The dispute concerns an irrigation scheme created on lands around the village of Koumana, in the Department of Bondokuy, and largely cultivated by inhabitants of the same village; but customarily held by the village of Kosso, in the Department of Warkoye. Farmers from Koumana – including a group of farmers originating from another village, Syhn – gained access to the land they cultivate through an agreement with Kosso. The irrigation scheme was first created without much conflict in 1970. Years later, a rehabilitation project sparked tensions between the inhabitants of Koumana and Kosso over the allocation of rehabilitated plots. And, the village of Syhn sought to assert land control on the area by requesting that the scheme be named "Syhn-Koumana". After various mediation attempts (including by the Minister for Agriculture), the dam was named "Koumana-Kosso" and the irrigated area "Kosso" - thereby acknowledging the land claims of Kosso. Source : Lavigne Delville et al, 2000.
Strasberg and Kloeck Jensen, 2002 Brück and Schindler, 2009
Staal et al, 2003
1. For example, in Mozambique high competition for valley bottom land for dry season horticulture found in some orange flesh sweet potato trial locations could limit adoption, but also squeeze out weaker, subsistence oriented producers as markets for the new crop develop.
Working with the BMGF and its key partners (including AGRA, World Bank and IIED).
Including: cropping patterns, livestock, commons and natural resource use Some projects are located in areas where the government has begun the implementation of modern land systems (e.g. Ethiopia and Rwanda). BMGF projects could avoid unintended consequences if their villages received documentation of land rights prior to the project intervention