This document provides a framework for addressing land access issues in agricultural development strategies and grants. It discusses key land access concepts and theories, including customary and formal land tenure systems. It notes that women, pastoralists, migrants and the poor often have insecure land access. The document proposes a conceptual framework and operational tools to maximize benefits and minimize unintended negative impacts on vulnerable groups.

1. Framework for addressing land access in agricultural development strategies and grants 27 th October 2009

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

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

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

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

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

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)

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