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This document was produced for review by the United States Agency for International Development. It was prepared by the Feed the Future Knowledge-Driven Agricultural Development (KDAD) project. The views expressed are those of the author and do not represent the views of the United States Agency for International Development or the United States Government. THIS LAND IS WHOSE LAND? NAVIGATING ISSUES OF LAND RIGHTS AND GOVERNANCE WEBINAR C HAT T RANSCRIPT J ULY 29, 2015

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This document was produced for review by the United States Agency for International Development. It was prepared by the Feed the

Future Knowledge-Driven Agricultural Development (KDAD) project. The views expressed are those of the author and do not

represent the views of the United States Agency for International Development or the United States Government.

THIS LAND IS WHOSE LAND? NAVIGATING ISSUES OF

LAND RIGHTS AND GOVERNANCE

WEBINAR CHAT TRANSCRIPT

JULY 29, 2015

Presenters

Anthony Piaskowy, USAID

Delilah Rothenberg, Development Capital Strategies

Yuliya Neyman, USAID

Julie MacCartee (USAID): Welcome to our early arrivers and please excuse any audio testing or other tests

that we perform over the next 15 minutes!

KDAD AV Tech: Delilah, I'm private chatting you...

KDAD AV Tech: Hello everyone. We're doing some last minute tests with one of our remote presenters in

NYC, kindly introduce yourself and tell us what organization you're affiliated with...

David Felson: Tetra Tech, Land Tenure and Property Rights Sector

Tony Piaskowy (USAID, Washington DC): Welcome David! Glad you could join us this morning!

Kristi Tabaj: Save the Children, the TOPS Program

Julie MacCartee (USAID): Thanks for joining, Kristi! You are an Agrilinks rock star. : )

Kristi Tabaj: Thanks Julie! Agrilinks is a great resource!!!!!!!!

Clive English: Clive English just joined from England - with DAI Europe - previously with Addax

Bioenergy in Sierra Leone - hello everyone

Francine Picard: Francine Picard Mukazi, IISD, Investment programme

Lisa Baumgartner: Lisa Baumgartner, Resilience Advisor, GOAL Uganda

George Kegode: Independent Consultant - Agriculture and Food Security

Natalie Campbell: Natalie Campbell - IFAD, Land Tenure Desk from Rome

Jennifer Howard: Jennifer Howard, Conservation International

Laura Ostenso, Agrilinks: Laura Ostenso, Agrilinks Knowledge Management Specialist. I focus on market

systems, value chains, research, and policy.

USAID Agrilinks: Welcome everyone! It's great to see global representation.

Jeff Hayward: Jeffrey Hayward, Director Climate, Rainforest Alliance

Delilah Rothenberg: Delilah Rothenberg, Development Capital Strategies. Pleased to speak with everyone

today!

Julie MacCartee (USAID): Thank you all for joining! Nice to see participants from many different orgs and

countries

Anna Antwi: Anna from Ghana is here again

USAID Agrilinks: Please introduce yourself as you join the webinar.

USAID Agrilinks: Welcome back Anna

Simon Hull: Simon from the University of Cape Town. Hi everyone!

Andrea Allen: Greetings All - Andrea Allen from Michigan State University here

Ioana Bouvier: Hi all - Ioana Bouvier, from USAID Land Tenure and Resources Management

Katie Cronin: Katie Cronin, from TechnoServe

Celine Salcedo-LaVina: Celine Salcedo-LaVina, from the World Resources Institute's Land & Resource

Rights Initiative

Richard Tinsley: Greeting from Colorado

Richard Tinsley: thanks for the background music

KDAD AV Tech: Good day Mr. Tinsley! Good to see you online again!

Julie MacCartee (USAID): Great to see some returning customers, so to speak. : ) some new names as well.

Zachary Baquet: Good Morning from DC! Zachary Baquet with USAID Bureau for Food Security

Elizabeth Dunn: Hi. Elizabeth Dunn of Impact LLC in Florida. I research and evaluate value chain

programs to benefit smallholders.

Julie MacCartee (USAID): Welcome, Zachary and Elizabeth!

Dana James: Hi all! Dana James with the Feed the Future Knowledge-Driven Agricultural Development

Project based in DC.

Zachary Baquet: Hi Julie!

USAID Agrilinks: Resources for this event can be downloaded from here: http:

//agrilinks.org/events/land-whose-land-navigating-issues-land-rights-and-governance

Jessica Nabongo: Good Morning!! Jessica Nabongo, Senior Analyst at the Cloudburst Group

Zemen Haddis: Hi all. Zemen Haddis from USAID/Ethiopia

Gary Burniske: Good Morning - Gary Burniske from Purdue University's Center for Global Food Security

Tony Piaskowy (USAID): Great to see so many from the Land Tenure community attending today! Our

partners at Agrilinks host sessions like this every month!

Keith Metzner: Keith Metzner from Washington, DC

Kira Everhart-Valentin: Hello from the Feed the Future Innovation Lab for Collaborative Research on

Sorghum and Millet at Kansas State University!

KDAD AV Tech: Kindly remember to use any browser EXCEPT Chrome. If you have any tech issues

during the event, please private chat me.

USAID Agrilinks: We'll begin in about 15 minutes. If you haven't introduced yourself yet, please do so in

this chat pod.

Laura Ostenso, Agrilinks: Thanks, Tony! And for today, please feel free to go to the event page to

download the presentation, resources and to see a promo video about the Operational Guidelines: http:

//agrilinks.org/events/land-whose-land-navigating-issues-land-rights-and-governance

Elizabeth Dunn: thanks for the nice music!

Cynthia Caul: Cynthia Caul from Pittsburgh, PA

Noelle Fogg: Noelle Fogg from New Entry Sustainable Farming Project in Lowell, MA

Carrie Abendroth: Carrie Abendroth, Economic Growth Team Leader for USAID's Africa Bureau,

Washington, DC

Regina Brown: Regina Brown Cadre Senegal

Keith Metzner: Keith Metzner (USAID): Washington, DC

Chloe Christman: Hi, Chloe Christman with Oxfam America

Ruth Meinzen-Dick: Ruth Meinzen-Dick from IFPRI

Krista Jacobs: Krista Jacobs from USAID, Washington.

Marie-Lara Hubert Chartier: Good morning from Rome! Marie-Lara Hubert Chartier with the ILC

Kristyn Nanlal Khetia: Kristyn Nanlal Khetia, Inter-American Institute for Cooperation on Agriculture

(IICA) Office in DC

Nicholas Tagliarino: Hi everyone! Nick Tagliarino from World Resources Institute in DC

Douglas Hertzler: Good morning everyone, Doug Hertler, ActionAid USA

USAID Agrilinks: We'll get started in just a few minutes.

Jeremy Green: Hi. Jeremy Green from the Cloudburst Group.

Richard Everett: Good morning everyone. Richard Everett, ESIA and NRM consultant.

Amy Diggs: Amy Diggs with the State Deparment's Agriculture Policy Office

Steve Morin: Hello, Steve Morin USAID/Afghanistan Environment Natural Resource Management Team

Jennifer Chow: Jennifer Chow, USAID/BFS here - good morning everyone'

Natalie West: Hello! Natalie West, graduate student in international development at Sciences Po Paris

Sarah Saunders: Sarah Saunders with Tetra Tech ARD

Julie MacCartee (USAID): Welcome, everyone! This is Julie MacCartee with the USAID Bureau for Food

Security. I'll be facilitating today. We'll start in two minutes!

Katharine Dow: Katharine Dow here from USAID (DCHA/DRG)

Provash Budden: Good Morning. Provash Budden, Country Director, Mercy Corps Colombia

USAID Agrilinks: Please feel free to type your questions in this chat box during the presentations. We will

do our best to pose as many questions as possible to the presenters during the Q&A.

Jennifer Howard: I just heard that my mic was turned on... how do I mute myself?

Whitner Chase: Whitner Chase, Humanitas Global\

Laura Ostenso, Agrilinks: Please mute yourself my clicking on the microphone on the top navigation bar.

Laura Ostenso, Agrilinks: However, you are muted by default-- the announcement was for call-in only.

KDAD AV Tech: All participants are muted by default...

Jennifer Howard: okay thanks

Jeannie Harvey: Beautiful music, now Julie!

Moffatt Ngugi: Bureau for Food Security, Climate change & Envt in Ag

Christopher Fay: Soluciones Comunitarias, Niquinohomo, Nicaragua

Julie Collins: Julie Collins, IFPRI

Nayna Jhaveri: Nayna Jhaveri, Resource Tenure Specialist, Tetra Tech ARD

KDAD AV Tech: Julie MaCartee from USAID is currently introducing the event, if you're just joining, kindly

introduce yourself and your organization in this chat box

Jia Jun Lee: Jia Jun Lee, World Resources Institute, Washington DC

KDAD AV Tech: If you have any technical issues during the event, please private chat me

USAID Agrilinks: Event resources: http: //agrilinks.org/events/land-whose-land-navigating-issues-land-

rights-and-governance

Kirsten Spainhower: Hi I'm Kirsten Spainhower an Agriculture Officer from the Bureau of Food Security at

USAID in DC.

Samson Konlan: Hi, Samson Konlan from USAID/Ghana

Lori Pappas: Lori Pappas, Global Team for Local Initiatives (GTLI), South Omo Zone, Ethiopia

Jim Yazman: Jim Yazman, USAID Bureau for Food Security, livestock specialist

KDAD AV Tech: Thanks to Delilah Rothenberg for taking time out of her schedule to join us from NYC

Jeff Milanette: Jeff Milanette, Consultant on Tech SMEs, Innovative Partners Incubation

Delilah Rothenberg: Thank you for hosting me!

Takumi Kunitake: Takumi Kunitake, FAO/EST

Julie MacCartee (USAID): It's our pleasure to host you, Delilah and Yuliya!

Laura Ostenso, Agrilinks: FAO Voluntary Guidelines: http:

//www.fao.org/docrep/016/i2801e/i2801e.pdf

Becky Manning: Becky Manning, BFS Training/KM

Steve Morin: Joseph Mwangi. In Afghanistan, office of Agriculture

Nurul Siddiquee: Nurul Siddiquee, Care

Laura Ostenso, Agrilinks: FAO Principles: http: //www.fao.org/cfs/cfs-home/resaginv/en/

Katharine Dow: Yes

Steve Morin: not quite loud enough

Sarah Saunders: Please speak closer to the mic.

Becky Manning: she sounds muffled

Steve Morin: yes

Laura Ostenso, Agrilinks: Operational Guidelines that Tony mentioned are downloadable from the event

page: http: //agrilinks.org/events/land-whose-land-navigating-issues-land-rights-and-governance

Clive English: Sound not great

Steve Morin: yes

Douglas Hertzler: yes

Gary Burniske: Yes

Jeannie Harvey: yes! Much better

KDAD AV Tech: Thanks Delilah!

Moffatt Ngugi: much better

Clive English: better this

Richard Tinsley: When you mention job creation are you also concerned with the productivity of those jobs

and not jobs for jobs sake

USAID Agrilinks: Thank you for your question Richard.

Phil Steffen: Phil Steffen, AID/BFS

USAID Agrilinks: Please type questions here and we will raise them during the Q&A session.

Sarah Saunders: Will this presentation be available after the session ends?

USAID Agrilinks: Yes. You can access the presentation here: http: //agrilinks.org/events/land-whose-

land-navigating-issues-land-rights-and-governance

Sarah Saunders, Tetra Tech ARD: Thank you

Saad Cheema: Very sorry for joining you late, Good Evening, My name is Saad Cheema and I am from

Pakistan, working as Consultant field Engineer at USAID

Julie MacCartee (USAID): The recording will also be available at that Agrilinks link about 1 week after this

event

KDAD AV Tech: Delilah needs to depart around 10am, so if you have any questions for her please send

them along now...

Richard Tinsley: Am I picking up an emphasis on converting smallholder farming into large scale plantation

farming with the land concessions

USAID Agrilinks: Apologies, Delilah will be with us until 10: 30. But please feel free to type your questions

as they come up.

Richard Tinsley: please visit www.smallholderagriculture.com and the Madibira page under issues for some

real serious land concerns by seconded managers to an irrigation scheme

Douglas Hertzler: Delilah is making some great points. I'd like to share 2 resources/reports that ActionAid

has recently developed. The first is an analysis of policies and projects supported by the New Alliance

Cooperative Frameworks in 4 countries and the land concerns that many of us have. The second resource

highlights 4 keys steps to prevent land grabs that govts, donors and investors should be taking, many relate to

what Delilah is saying: http: //www.actionaid.org/publications/new-alliance-new-risk-land-grabs

Julie MacCartee (USAID): Thanks for sharing these resources!

Douglas Hertzler: The second resource which has some key recommendations: http:

//www.actionaidusa.org/publications/act-it-four-key-steps-stop-land-grabs

Curt Reintsma: Delilah, what is your experience with investors from Emerging Economies. Whether

investors are from Developed or Emerging Economies, your presentation may assume investors have the

good will to learn about the issues if they are informed of the 'nuances’. What if they really don't care?

Yuliya Neyman: Delilah, you mentioned that while guidance is out there, it may still be difficult for an

investor to fold this guidance into their projects we have definitely seen this issue come up with the

companies we speak to... What is your advice for how investors can go about this, in a concrete way?

Jihène malek: Very interesting training session, my idea, how government can offer rural women a land to

do agriculture activities and start a business especially poor and marginalized women.

Simon Hull: Thanks Douglas!

Jeannie Harvey: Are social impact assessments done for most efforts? Who does these? Do social impact

analyses always include gender analysis?

Jihène malek: there are many public land in possession of many government , can be really a solution for

many poor community, because if poor women want to have access, they didn't have financial resources and

many family constraints and culture limits are still existing especially in Africa.

Julie MacCartee (USAID): Good questions, all. We are collecting them to ask to the presenters. If you have

an answer to another participant's question, or a perspective to share, don't be shy.

Samson Konlan: Is there any experience on best practice on how to overcome the challenges inherent in the

informal or customary land holder nuances and the need for ensuring that required analysis doesn't put away

investor? In Ghana, under the Ghana Commercial Agricultural Project jointly funded by WB and USAID, a

land lease model has rather proven complex and does seem not appeal to investors seeking larger land

holdings.

Jeannette Tramhel: The Agriculture, Fisheries and Forestry Section (AFF) of the International Association

of Impact Assessment (IAIA) is looking for topics/presenters/papers on Food Security and ESIA - anyone

interested - please contact me. Jeannette Tramhel

Jihène malek: your e-mail please

Jeannette Tramhel: [email protected]

Jeff Milanette: Delilah, can you please comment on gender issues with attracting financing for ag-related

projects?

Simon Hull: Samson, part of the difficulty with 'informal or customary land holder nuances' is that these are

not always static but can change over time. Codifying customary land tenure freezes it in time with the result

that the now formalized tenure may become irrelevant in the future. How do we respond to this kind of

challenge?

USAID Agrilinks: The USAID Land Tenure and Property Rights Portal is an excellent resource with

additional reading and case studies: http: //usaidlandtenure.net/

Richard Tinsley: I actually think there is a lot of potential for out-grower scheme but mostly for marketing.

My best example is Cheecha for paprika in Malawi and Zambia

Douglas Hertzler: Delilah you mentioned outgrower schemes as being a better option that nucleous farms.

It would be great if you can elaborate on that. We see many nucleous farm project that seem to include

outgrowers as a secondary goal and as a form of compensation. A good outgrower scheme gives local farmers

new options, but a nucleous farm takes up a large amount of local land and water. Can we encourage good

outgrower schemes and avoid promoting large scale land transfer?

Richard Tinsley: how often are host government officials operating from individual agenda instead of

governance?

Curt Reintsma: Tony, Will stay tuned, thanks!

USAID Agrilinks: We are taking 1 more question for Delilah and then will move into our next presentation.

Samson Konlan: Simon, exactly what I wanted to point out. The GCAP project in Ghana sought to deal

with such issues raised in the presentation and your point. But the need for getting a balances needed for

making things work.

USAID Agrilinks: Thanks for the great information, context and examples, Delilah!

Richard Tinsley: Thank you Delilah

Paul Andoh: Thanks Delilah

Steve Morin: yes

Paul Andoh: yes

Douglas Hertzler: Thanks for your response Delilah, I am concerned that nucleous farms of the type we are

talking about here result in some major structural inequalities that can lead to conflict. In promoting nucleous

farms combined with outgrower schemes I am concerned that we are overlooking other models of

development which might in the long run be more equitable. Also technology often doesn't transfer well

from the nucleous farm to the outgrowers.

Yuliya Neyman: http: //usaidlandtenure.net/documents/operational-guidelines-responsible-land-based-

investment

Richard Tinsley: I was concerned with nucleous farms for soybeans in Ghana where the outgrowers were

expecting the nuclear farm to provide all inputs including land preparation but the nuclear farm could barely

keep the tractors in repair for their own use

USAID Agrilinks: Yuliya will take questions at the end, so do keep them coming in and we will pose them

during Q&A portion.

Delilah Rothenberg: Hi all, I read through the questions, but then didn’t have time to respond to all of

them. Please feel free to email me at [email protected] if you would like to follow up. Thank you

again!

Anthony Medeiros: Do we offer recommendations on the use of community land trusts to prevent

dispossession, rather than just individual titling? Or have our recommendations focused more on the investor

social responsibility side?

Simon Hull: "Prelim identification ... based on existing maps and information" What about situations where

land tenure is not codified, maps are out of date, or there is no documentary evidence of land rights /

documentary evidence conflicts with the situation on the ground? How is the community engaged?

Simon Hull: Consulting with the local community is a good start, but how are individuals protected against

the corruptive influence of self-promoting community leaders?

Julie MacCartee (USAID): For those who missed it, Agrilinks held an online chat on land tenure last week,

and I think the content is very rich and worth reading through. Take a look after the webinar: http:

//agrilinks.org/events/ask-ag-about-land-tenure-and-governance

Paul Andoh: Thanks Julie

Richard Tinsley: how long and at what cost will this process take

Douglas Hertzler: Thanks Yuliya for this presentation. I think everyone is aware that the civil society

delegations involved in the negotiation of the CFS/FAO Principles for Responsible Investment in

Agriculture decided not to endorse them. A major reason is that in spite of gains in the negotiations, there

was concern that large-scale private sector would be seen as the primary actor in responsible investment while

other forms of investment by smallholders themselves and public investment should perhaps be more central

with large corporations playing a secondary supporting role. This manual intends to protect the rights of local

people, but I am concerned that it still sees a large private investor and the primary way of fostering

responsible investment in agriculture. How can we create space for a growth in smallholder investment

without displacement by large investors?

Curt Reintsma: Great presentation! I know you said we are only now looking at rolling this out, but do we

have examples at this point of investors having actually used these or similar Guidelines?

KDAD AV Tech: Are others able to hear Yuliya?

Paul Andoh: No

Richard Tinsley: Douglas, it can be done and fairly easily, but it need high reliance on private service

providers with links to the major agri processors. Please visit www.smallholderagriculture.com for some

details on how this might work

Steve Morin: no

G Alex: No

Simon Hull: No.

Simon Hull: Thanks for the link, Julie.

KDAD AV Tech: Okay. Thanks for the input. We have lost Yulia's audio (she's in Kiev)

KDAD AV Tech: At this point we're discussing in room how to proceed

KDAD AV Tech: Hold please...

Richard Tinsley: I am really surprised and disturbed at the emphasis on basically displacing smallholder with

large farming

KDAD AV Tech: Thanks

Chloe Christman: I’ve seen several sector actors require guidance or assistance to remedy land conflicts that

have resulted, in part, because they didn’t do the kind of due diligence you referenced when they first started

the project. How can USAID or the New Alliance support companies in resolving these conflicts?

Lillian Bruce: Thanks so much Yuliya for the presentations. It is impressive to have these guidelines but

what would these be achieving differently form the VGGT by FAO and the AU Guiding Principles for

Largescale Acquisitions. Again, whose responsibility it is to administer these due diligence? Who implements?

Who monitors and who sanctions?

Simon Hull: Yes

Paul Andoh: Yes

G Alex: With 'good' governments, these can be a real benefit. Too often this is not the case.

Richard Tinsley: do the host governments have the financial resources to provide good governance instead

of seeking individual benefits.

Richard Tinsley: most development efforts work on the basis of good governance, but perhaps would be

better off anticipating limited governance

Douglas Hertzler: Thanks Richard, I think that private processors and service providers play a very

important role, but there are services that are public goods or in the public interest, such as public ag

extension that promotes technologies that are good for smallholders but not profitable for private companies.

In the focus on private responsible investment, the emphasis on improving the quality of public investment

often gets lost.

Julie MacCartee (USAID): Again, you can download the presentation here: http:

//agrilinks.org/events/land-whose-land-navigating-issues-land-rights-and-governance

Julie MacCartee (USAID): Thank you all for your questions and comments!

Lillian Bruce: In the case of Ghana, where 80 % of the land is administered by the chiefs or family heads

what would be your recommendations in administering these principles?

Douglas Hertzler: Thanks Yuliya

Xavier Ejoyi: Thanks for the presentation

USAID Agrilinks: Thank you everyone!

Yuliya Neyman: Thanks all! Great questions.

Julie MacCartee (USAID): #landmatters

Yuliya Neyman: I see there are several outstanding questions - if you forward them to

[email protected] I will try to answer them

Francine Picard: Very good presentation, Thanks Yuliya

USAID Agrilinks: Stay in touch through the channels Tony is discussing- you can find links on the event

page!

USAID Agrilinks: Please also take a moment to fill out our polls.

KDAD AV Tech: Thanks to everyone for joining the webinar!

KDAD AV Tech: Poll time!

USAID Agrilinks: We really appreciate your feedback using the polls.

Tony Piaskowy (USAID): Thank you everyone for participating!

Paul Andoh: THANKS

Saad Cheema: Thanks

Julie MacCartee (USAID): Thank you! We are grateful for your participation and input. Always feel free to

email me [email protected] if you have suggestions for Agrilinks events