ROLE OF COMMUNITY LAND IN THE DEVELOPMENT OF THE ASALs

Presentation by John Letai; Pastoralist Policy Research, Advocacy and Resource Tenure - PAPRART

12th MARCH 2015

PAPER PRESENTED AT RECONCILE CONFERENCE ON LAND AND NATURAL RESOURCES – Sarova Panafric Hotel;

Nairobi Kenya

Back Ground of ASALs

Arid and Semi-Arid Lands form 80% of Kenya’s Land mass and cover about 467,200 sq Km.

Total Population 10million approx. 19% of Kenya's Population.

ASAL’s host about 75% of the country’s livestock with an estimated market value of USD 1 billion.

75 % of Wildlife in the ASALs They provide direct livelihoods to more than 7.5 million

people. Areas is characterised by hot and dry climate, with low and

erratic rainfall that varies widely across space and time

Brief History of the ASALs

MARGINALIZATION AND EXCLUSION

Lowest development indicators and highest incidence of poverty Weak economic integration, limited political leverageChallenging natural environment, isolated and highly insecure High levels of risk with cronic vulnerability

THE NEW PARADIGM SHIFT

•Govt policies have began recognizing role of ASALs i.e. new constution, vision 2030•Investment in socio economic and political development•Recognition of different livelihood options and communities living in ASALs•The talk is that the future of Kenya is in the ASALs

Challenges of the new paradigm shift

Investment requires land thus communities living in the ASALs might continue losing access to their ancestral lands

uncoordinated and badly planned development have contributed to poverty, food insecurity and chronic vulnerability – will this be the case again?

Lack of recognition and definition of community land through enactment of proper laws and legislations. i.e. delay in enactment of community land law?

The current of conflict along the proposed development corridors i.e. LAPSSET; (Tana river, Isiolo, Kapedo).

Objective of this Presentation

To give a brief explanation of what community land is as outlined in the new constitution

To identify government flagship projects in the ASALs associated with the new paradigm shift

Give an indications of how a clear legal framework will support the realization of the government development agenda for the ASALs

Community land as defined by the Constitution and National Land

PolicyCommunity land is one of

the three categories of land provided in the constitution and the National Land Policy

Art 63 talks extensively about community land.

The article gives the different categories of community land and calls for the development of legislation on community land

• Broadly defines community land as land which shall vest in and be held by communities identified on the basis of ethnicity, culture or similar communities of interest

• Articles 63 to 66 in the National Land policy equally details the policy guideline or thinking on community land.

• NLP made attempts to define the term community

• The Constitution provided that the land act should.

A brief on what other Land Laws say about community land

1. Land Act 2012: - In art. 9. Provides for the conversion of

community land to public and or private and vis versa.

- In art 37. it provides that community land shall be managed in accordance to the community land law.

2. Land Registration Act 2012- In art. 8 provisions are made for the

registration of community land. It also makes further reference to community land law in guiding community transactions.

3. National Land Commission Act 2012- In art 5 (2) (e) talks about the management and

administration of unregistered community land.

Government Flagship Projects within the ASALs

These projects are as outlined in government vision 2030 and the Medium Term Plans I and II.

The Projects are either on-going or are earmarked for implementation in the MTPII

Lamu Port-South Sudan-Ethiopia Transport Corridor (LAPSSET)

A major infrastructure development project that will run from the Kenyan Coast to South Sudan and Ethiopia.

Project expected to create new access and links with neighbouring counties to foster regional economic development and substantial job opportunities

Key Projects in LAPSSETa)A standard gauge railway lineb)A new road networkc)An oil pipeline, crude oil pipeline and refined

oil pipelined) A modern oil terminal at Lamu

Tourism

Objective is to be a top 10 long haul tourist destination offering a high-end diverse and distinctive visitor experience

Key Projects a)Lamu, Isiolo and Lake Turkana Resort Cities b)Community-based Tourism Initiatives:-

promoting community-based tourism including home stays and cultural tourism development

Agriculture, Livestock and Fisheries

Establishment of 4 disease free zonesExpansion of Irrigation Coverage: Bura, Hola,

Kano, Bunyala, Perkera and MweaASAL Development- irrigation 404,800

hectares will be put under irrigation by 2017 in Turkana and Tana Delta

Agricultural Development along the LAPSSET

Oil and Other Mineral Resources

Exploration and development of Oil and Other Mineral Resources and development of the LAPSSET corridor

Oil discoveries in Turkana and prospects in Baringo, Isiolo and Marsabit

Key observations

The new dawn of government investment is important in turning around the socio economic and political agenda of the ASALs

the proposed investments will occupy huge chunks of land and require space for implementation: Examples

a)Isiolo resort city – 2,600 hectaresb)Turkana and Tana Delta – 404,800 hectares c)The LAPSSET pipeline – 1,400 km long from

Lamu to Juba across the ASALsd)Expansion of irrigation coverage: from 119,000

to 159,000; 3 of the proposed 6 irrigation schemes are in the ASALs.

Questions

These projects occupy huge chunks of land across the ASALs – Whose Lands are these?

What will be the impact of these investments on the current livelihood systems in terms of access to land and communities right to customary tenure, resource use and the impact on environment?

d) How do we ensure that communities whose lands the investment take place are properly compensated?

How a clear legal framework will support the realization of government

development in ASALs1. Impact on tenure security and individual investmentA well define legal framework will set the pace for targeted investment and sustainable development of ASALs.Security of tenure is assured and investments are protectedA legal framework will eliminate the tenure security vacuum currently witnessed in ASALsIt will remove the notion of ‘Vacant’ ‘Idle’ or ‘Wastelands’It will ward off land invasion and eliminate the current land rush/acquisition syndrome.

How a clear legal framework will support the realization of government

development in ASALs2. Impact on conflictA clear legal framework will define different tenure regimes, draw boundaries and safeguard the rights of all groups.It will provide safety to different users and security of tenure and reduce competition over space, resource use 3. Complition of land and natural resource mgt reformsWill give right of access and use of resources by different actorsWill put in place policies and legislations on resource use and management of those resources

How a clear legal framework will support the realization of government

development in ASALs4. Compensation and land tenure conversion enable users of ASALs to negotiate for fair compensation of their landsEmergence of new administrative structures i.e. right to sell, lease or the concept of private or communal propertyGuide the process of converting land for different uses or forms of management

How a clear legal framework will support the realization of government

development in ASALs5. Definition and recognition of different livelihood options existing in the ASALsWill define and recognize the different livelihood options, allocate space and create harmony and satisfaction among different users Will help respect governance structures put in place for the management of the different livelihood systems Will eliminate enchroament and minimize hostilities among different users

How a clear legal framework will support the realization of government

development in ASALs6. Well defined land use planning and sustainable development Create opportunity for proper land use planning that will define multiple use that optimizes productivity.Support management, use and sharing of resources Ensure land use zonation, mapping of resources and equitable access by different user groups

Ahsanteni Sana