The document summarizes the États généraux foncier rural process in Niger which aimed to develop a national land policy. It discusses the background of land issues in Niger and the process of preparing for the États généraux, which included capacity building workshops, regional meetings, and mobilizing stakeholders. The États généraux event involved over 350 stakeholders and resulted in recommendations to guide the development of a national land policy, including establishing institutions to oversee land governance and conducting outreach on land policies. Lessons learned emphasized the importance of stakeholder participation, capacity building, and partnerships to achieve national ownership over land policy.
4. I. Background and history
II. Preparation and the results of the États généraux
III. Lessons learned, success factors and next steps
Agenda
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. 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. 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. 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. =>
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. 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. 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. 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
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
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. 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. 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. 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. 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. 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. Etats généraux
+ 350 stakeholders from all
sectors and regions of the
country
Opening speech
by the Prime
Minister
23. Etats généraux
4 days of reflection and
discussion on the
orientation for a national
land policy
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. 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. 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. • 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
2016: An official correspondence was transmitted to the identified actors in order for them to nominate their focal point and representative in the platform.
Negotiations between the State and the opposition lead to a cabinet reshuffle on 19 October 2016, which impacted the celerity in appointing ministerial representatives to the national multi-actor platform.