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États généraux foncier rural in Niger

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The presentation provides a background and history of the États généraux foncier rural in Niger. It then explains the groundwork that was undertaken for preaparing forum. At the end it provide a list of the main results and lessons learned achieved during the forum.

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États généraux foncier rural in Niger

  1. 1. États généraux foncier rural in Niger Debriefing Partnerships and South- South Cooperation Division (DPS) February 23, 2018
  2. 2. I. Background and history II. Preparation and the results of the États généraux III. Lessons learned, success factors and next steps Agenda
  3. 3. “Etats généraux du foncier rural” in Niger
  4. 4. I. Background and history II. Preparation and the results of the États généraux III. Lessons learned, success factors and next steps Agenda
  5. 5.  Between 1982 and 1989: reflections, national debates on the issues, stakes and orientations regarding land issues, conflicts between farmers and pastoralists, etc.  1989: Creation of the “Code rural” national committee.  1992: 92-030 Act defining a rural development policy  1993: 93-015 Act (2 March 1993) defining the principles and orientations of the Code rural  1994: Establishment of the first Land Commissions (provincial level).  1998: Pastoral Act  2004-2005: Decentralization and establishment of the first Land Commissions at municipality level.  2010: 2nd pastoral Act  2013: assessment of the Code rural 20 years after endorsement.  2018: Etats généraux du foncier, 25 years after endorsement of the Code Rural. Starting the preparation of a land policy The Code Rural : Brief history of a long process (I)
  6. 6. The “Code Rural” is, at the same time: The Code Rural : Brief history of a long process (II) A legal framework + An executive agency  Problem: After 25 years of implementation of the 1st by the 2nd , land issues are still burning and land tenure security has not increased enough, despite some successes and improvements  The legal framework is rather good, but there are a lot of implementation and operational issues (weakness of the COFO).
  7. 7. Land issues and challenges in Niger (I) Population growth and pressure on natural resources, including land; Saturation of agricultural land; Agricultural front encroachments beyond the northern limit of crops;  Overgrazing of pastoral lands, forest areas, agricultural land;  Development of large unauthorized ranches;
  8. 8.  Expansion of mining activities;  Problem of clarification of land status prior to development initiatives;  Multiplication of non-viable family farms;  Peri-urban encroachments on agricultural land;  Difficult access to land for women and youth;  Limited knowledge of the domains of the State and Territorial Communities; Land issues and challenges in Niger (II)
  9. 9. => Towards the États généraux in Niger  Given some worrying outcomes of the 2013 assessment, the CNCR (National Committee of the Rural Code), decided, in October 2014, to organize the Etats généraux du foncier, under the aegis of the President of the Republic.  Etats généraux = consultative and inclusive preparatory process + mobilization of stakeholders + capacity development activities + 3 days pre- forum and regional meetings + a 4 days forum
  10. 10. 1.Need recognized by the CNCR to take stock on the tenure situation and to develop more coherent land policies 2. Need to take into account international guidelines on land governance and food security to formulate national policies Why the États généraux in Niger?  Adoption of the "Principles of Orientation of the Rural Code" by Ordonnance N ° 93-015 of March 2nd, 1993  Implementation of the Principles of the Rural Code both legally (elaboration of texts), institutionally (Code Rural structures) and application  Review after 20 years in 2013 (October) Several observations and recommendations  The Framework and Guidelines on Land Policies in Africa(F &G) and the Voluntary Guidelines for Responsible Governance of Land, Fisheries and Forests Regimes in the Context of National Food Security" (VGGT)
  11. 11. 20152014 One national and two regional VGGT workshops are conducted with the L'Organisation des Femmes du Rassemblement Démocratique du Niger (RDFN) (FMM) The Rural Code requests the FAO to support the preparation of the États généraux A Concept Note is developed Funding by Italy + A national consultant is recruited to support the process - A cabinet reshuffle impacts negatively the speed of the process… History 2016 1st national VGGT workshop organized by the rural code, the Minister of Agriculture and FAO (financed by France and the EU) One recommendation of the workshop is to make use of VGGT and F & G to delveop a coherent land policy Another recommendation is to establish a multi- stakeholder plateform to steer this process
  12. 12.  May 2017: May 2017: Proposal to create a multi-actor Committee (17 members)  Stakeholder mapping conducted with the Rural Code - inclusion of CSOs  June 2018: Ministerial decree and official inauguration of the Technical Committee in charge of preparing the États généraux 2017  July 2017: The Ministerial decree is revised and 6 new members are included in Committee - including 2 pastoralist CSOs • The Committee launches an action plan to prepare the États généraux Preparing the états généraux in Niger
  13. 13. The Multi-Actor Committee
  14. 14. Strengthening the capacities of the Committee Members National workshop September 2017: Making use of VGGT and F & G to enrichen the analytical work of the 3 sub-Committees •What has been achieved? •What hasn’t and why? •Possible solutions
  15. 15. Regional workshops regrouping of all the regions in the country Regional workshops regrouping of all the regions in the country Regional Workshops
  16. 16. Dialogue meetings with key stakeholder groups One day dialogue session with Traditional Chiefs One day dialogue session with Traditional Chiefs One day dialogue sessions with Parliamentarians One day dialogue sessions with Parliamentarians
  17. 17. Reinforcing Political Support Several meetings with the authorities including the State Minister of Agriculture and Livestock Several meetings with the authorities including the State Minister of Agriculture and Livestock The Committee of the Rural Code (CNCR) meets for the first time since 2014 The Committee of the Rural Code (CNCR) meets for the first time since 2014
  18. 18. Mobilizing Technical and Financial Partners Coordination and building a common strategyCoordination and building a common strategy  Mobilization of technical and financial support the process since the first meeting of the Committee in June 2017  Drafting a letter to request support from technical and final partners  Regular meetings initiated  15 technical and financial partners are mobilized to support the États généraux  Decision to continue to work in concerted manner to support process and activities post- États généraux
  19. 19. Niger Senegal Mali Benin Burkina Faso Exchange between 5 countries Exchange between 5 countries Presentation of the VGGT and direct analysis of the tenure situation in the country Presentation of the VGGT and direct analysis of the tenure situation in the country Building consensus ahead of the États généraux Building consensus ahead of the États généraux + 85 CSO representatives + 85 CSO representatives 3 day exchange 3 day exchange CSO Pre-Forum and VGGT training Qu’est-ce qu’on entend pour la politique foncière ?
  20. 20. CSO Pre-Forum and VGGT training Exchange of experiences on CSO engagement in national policy processes Exchange of experiences on CSO engagement in national policy processes
  21. 21. Main result: Consensus on the vision for civil society ahead of the États généraux Some Key Recommendations: VGGT and F&G must be at the heart of the vision for the land policy Creation of a land observatory where CSOs play a key role CSOs should be fully engaged in the national process Dissemination of the VGGT at regional, national and local level to strengthen local governance and the COFOS – land commissions) Key results of the Pre-Forum and VGGT training
  22. 22. Etats généraux + 350 stakeholders from all sectors and regions of the country Opening speech by the Prime Minister
  23. 23. Etats généraux 4 days of reflection and discussion on the orientation for a national land policy
  24. 24.  Agreement on the orientations and frame for a national land policy with the VGGT and F & G as a reference  Renew the national multi-actor Committee to follow-up of the recommendations of the États généraux and steer the process towards the land policy  Validation of a plan of action to conduct consultations with key stakeholders in all regions of the country Some key recommendations:  Set up an Inter-ministerial Committee to review and harmonize relevant texts  Build the capacities of courts to deal with tenure issues and ensure access to justice  Extend and speed up the elaboration of land management schemes (“SAF”)  Take up the work of the hoc Committee set up by the Prime Minister in 2015 to tackle the phenomenon of land grabbing  Create a national land observatory  Conduct trainings on the VGGT, F& G and other relevant texts on governance tenure in all regions of the country Main results of the États généraux
  25. 25. III. Lessons learned on the organization and methodological approach Lessons learned • FAO has a unique role to play providing support to and facilitation of multi-stakeholder processes • Multi-stakeholder process around land are complex and difficult: plan time to conduct a stakeholder analysis and to build trust with all the relevant stakeholder groups • Identification of and working with the key stakeholders from the beginning of the process, important for ownership of the process and the results • Working in synergy with other technical and financial partners is indispensable for sustainability • Buy-in can be reinforced through regular meetings with authorities, including the State Minister of Agriculture and Livestock • Be well-prepared and flexible : work closely with the organizing team and the moderator.
  26. 26. Making active use of the stakeholder mapping tool to identify (power) relationships Identification and mobilizing of national ‘change agents’ Strengthening capacities and inclusion of all relevant stakeholder groups Focus on the 3 dimensions of capacity development: the individual, the organizational and the enabling environment (including political will) Establishment of a group of financial and technical partners to support the process Working closely with the national FAO office and building synergies with DPS teams Capitalizing on the process with the key stakeholders engaged in the process Success factors => national ownership and commitment
  27. 27. • Momentum! • Support the Rural Code in the transition phase towards creating of the new Committee (Ministerial decree) and launch of the action plan to steer the process  The civil society organizations to launch VGGT trainings and consultations in all regions of the country to engage their constituencies in the process of elaborating the national policy  Recruitment of a national consultant to support the process and the international consultant for the formulation of the land policy  • Develop a strategy to support the implementation of the recommendations of the États généraux , including strengthening of the COFOS – land commissions. • Continue to work with and the different stakeholder groups: Strengthen the capacities of the CSOs, formalising the coordination mechanism of the group of the technical and financial partners = > Partnering for sustainability. Next steps
  28. 28. Thank you for your attention

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