PRESENTATION OF THESTAKEHOLDER MAPPING

EXERCISE FOR THE NATIONAL LAND POLICY

IMPLEMENTATION Imperial Royale Hotel

4/20/2016By

Tom Balemesa Kisembo

Contents

Introduction1

Methodology2

Findings3

Recommendations4

Introduction The NLP chapter 8.5 appreciates stakeholder

participation as one of the strategies for the implementation framework for the Land Policy.

The IAP provides clear 12 entry points and opportunities for engagement by stakeholders Exercise was supported by United Nations Office for Project Services (UNOPS) through the Global Land Tool Network (GLTN)

The stakeholder mapping exercise defines key stakeholders and their interest and influence for collaborative implementation of the National Land Policy.

Key considerations in the assignmenta)Establishing the range of stakeholders

working in the land sector clearly indicating the primary and secondary stakeholders,

b)Identifying the interests, opportunities, influence and geographical print (area) of each category of stakeholders, and

c)Designing the nature of engagement with each category of stakeholders

Methodology[Predominantly Qualitative] Preparatory activities; preliminary review of

existing data to prepare an inception report. Presentation of Inception Report to client and

creation of consensus. Conducting data collection; from secondary

sources on the different stakeholders who were classified accordingly.

Stakeholders were reached through e-mail, phone, physical contact, world wide web[websites, blogs, resources resulting into the narrative, matrix and models Memorandum of Understanding.

Methodology cont’d Analysis and interpretation of data collected

resulting into preparation of a draft narrative, matrix and model Memoranda of Understanding.

Consensus building and validation of preliminary findings with the Land Policy Experts.

Refinement of all draft presentations, incorporating comments from the Land Policy Experts.

Submission of final reports and outputs of the assignment as per the terms of reference and contract with client.

Frame work of Analysis-12 IAP areas

Land, conflicts, and post-conflict recovery

Land and agriculture

Land and Environment

Land and gender equality

Land, citizenship, human rights and social justice

Sources: HRW,ECO, ACODE, RIAM RIAMI,LANDESA,

Linkages: Land, Policy and IAP

FINDINGS

Categorization of stakeholders

Grimble and Chan [1994]… persons within a system “who affect, and/or are affected by, the policies, decisions … they can be individuals, communities, social groups or institutions of any size, aggregation or level in society… policy makers, planners and administrators in government other organizations, commercial and subsistence user groups

Stakeholder interaction

State & Government

NLPIAP

ConvergenceNon-State Actors

Development partners

Land sector professionals

The Public

Observations

The implementation of the NLP needs the support of and contribution from all stakeholders,

Stakeholders have different interests, stakes, capacities and opportunities,

The land reform programmes provide clear entry points and opportunities as for each stakeholder,

The need for continuous, constructive engagement cannot be over- emphasized,

CSOs should be seen and treated as partners and not as competitors and/or agitators/saboteurs, and

Efforts of different stakeholders need to be properly coordinated

Rationale for Stakeholder Participation

Desire to fulfill organization mandates-USAID SAFE, many others

Cross-cutting nature of land interventions: DENIVA, ECO, Oxfam, DGF, FIDA

Research, advocacy and policy influence4.2.8 and action area 8 on research and studies: ACODE, Makerere University, World Bank, International Alert, UNDP, EPRC, LEMU, LANDESA, CBR Civic education and awareness efforts by

stakeholdersDesigning IEC targeting communities and traditional institutions, Land rights education in schools, attaining effective participation of women, land taxation The need for Impact at higher level in

programming

Awareness of the NLP and IAP

From the above information the 40 stakeholders had knowledge and awareness on the IAP, 85 didn’t have knowledge, while 35 were not sure. Buganda Land Board and random institutions building capacity on land related issues

Some Implications Kind of MoU, Strategy for engagement

Mechanisms for engagement ZOA, GLTN, IGN, FORD Foundation had and had had understandings with

the Ministry. Phrases like collaboration, agreements, MoU, partnering, cooperation,

understanding, and networking

The Hearn and Mendizabal (2011)

Keck and Sikkink (1998)

3. Capacity and engagement of other actors: Who else is engaging in this policy area? How influential are they? What can be done to involve others or build their interest? 4. Change in discussions among policy actors and commentators: What are the influential policy actors saying on this issue? What language are they using? 5. Improvements in policy-making procedure/process: Who is consulted during policy-making? What kind of evidence is taken into account? 6. Change (or no change) in policy content: What new legislation, budgets, programmes or strategies are being developed? 7. Behavior change for effective implementation: Who is involved in implementing targeted policy? Do they have the skills, relationships, incentives to deliver? 8. Networks and systems for supporting delivery of change: Are different actors working coherently together to implement policy? Are the necessary structures and incentives in place to facilitate this?

Getting opportunity where lands officials appear in case of events organized? Capacity

building on land related issues, Could it be an issue

based MoU? Project by project MoU, What could be the level

of engagement-National, District?

 

What could be appropriate in the MoU? ... regarding the Ministry’s needs

Templates of MoUs

 

A MEMORANDUM OF UNDERSTANDING (MoU)BETWEEN

CSO/NGO … and MLHUD, P.O Box ………. (Hereinafter the, “MLHUD of the other part.

RegardingIMPLEMENTATION OF THE LAND POLICY

PURPOSEPREAMBLE.OBJECTIVESARTICLES 1: AREAS OF COOPERATION AND COLLABORATIONARTICLE 2: RESPONSIBILITIES OF THE PARTIES. CSO/NGO… will…  MLHUD will… ARTICLE 3: PRINCIPLES GOVERNING THE PARTIES. ARTICLE 4: AVAILABILITY OF RESOURCES.  ARTICLE 5: MANAGEMENT, ADMINISTRATION AND FINANCE.ARTICLE 6: DISPUTE RESOLUTIONARTICLE 7: DURATION OF AGREEMENT.  SIGNED: duly authorised representatives of the two parties 1.Mr……………Signature ……… Mlhud Representative

2.Mr. … Signature………

Chief Executive/ Executive Director/

THE REPUBLIC OF UGANDA MEMORANDUM OF UNDERSTANDING  

BETWEEN  THE GOVERNMENT OF THE REPUBLIC OF UGANDA

as represented byTHE MINISTRY OF LANDS, HOUSING AND URBAN DEVELOPMENT (MLHUD)

AND ……

Executed this …………………… day of ………………….. 2016 THE REPUBLIC OF UGANDA

MEMORANDUM OF UNDERSTANDINGBETWEEN

THE GOVERNMENT OF THE REPUBLIC OF UGANDAas represented by

MINISTRY OF LANDS, HOUSING AND URBAN DEVELOPMENTAND

THIS MEMORANDUM OF UNDERSTANDING IS ENTERED THIS -------------------- DAY OF -------------------------- 2016 BETWEEN THE GOVERNMENT OF THE REPUBLIC OF UGANDA represented by MINISTRY OF LANDS, HOUSING AND URBAN DEVELOPMENT of P. O. BOX 7096 Kampala (herein after referred to as MLHUD) of the one part and…………………… of the other part.ARTICLE 1: OBJECTIVESARTICLE 2: ACTIVITIES OF ARTICLE 3: IMPLEMENTATIONARTICLE 4: STAFF MEMBERSARTICLE 5: FINANCIAL, FISCAL AND CUSTOMS FACILITIESARTICLE 6: PROGRAM MONITORING AND EVALUATIONARTICLE 7: DISPUTESARTICLE 8: AMENDMENT OR TERMINATIONARTICLE 9: NOTICESARTICLE 10:LAW APPLICABLE AND LANGUAGEARTICLE 11:EFFECTIVENESS

THE GOVERNMENT OF THE REPUBLIC OF UGANDA ……….

REPRESENTATIVE FOR CSO…………

WITNESSES………………..

DRAFT PARTNERSHIP AGREEMENTBETWEEN

THE MINISTRY OF LANDS, HOUSING AND URBAN DEVELOPMENT AND

[Cultural Institution]ON

THE IMPLEMENTATION OF THE NATIONAL LAND POLICY, 2013 PARTNERSHIP AGREEMENT

This Partnership Agreement entered into on this …….. day of….BETWEEN

THE MINISTRY OF LANDS, HOUSING AND URBAN DEVELOPMENT; the line Government of Uganda entity responsible for all aspects of lands, housing and urban development, whose address is Plot 13/15 Century Building, Parliament Avenue, P.O Box 7076, Kampala (herein after abbreviated as “MLHUD”) on the one hand,

AND……..; a cultural Institution duly established under the laws of Uganda with the objective of promoting research and advocacy initiates in the realm of environmental management and development whose address is …………… (herein after abbreviated as …) on the other hand. PREAMBLE:Institution of Traditional Or Cultural Leaders Act, 2011The 1995 Constitution of Uganda

Memorandum of Understanding The partnership

Between[Development Partner]

andMinistry of Lands Housing and Urban Development

Preamble [past relationships with the Government in other sectors]Recognizing………..Mindful of MLHUDs mandate……..Acknowledging the [Development partner’s goal………..MLHUD and ….have agreed to develop and sign the MoUArticle 1: Purpose of the MoU: Article 2: DefinitionsFor purpose of this MoU terms set out below have assigned meanings, unless context requires otherwise.

Partnership is defined as……MLHUD refers to…………..

Development partner refers to…..Article 3: PartnershipArticle 4: Objective of the PartnershipArticle 5: Declaration of commitmentArticle 6: Core reasons for cooperation and partnershipArticle 7: Technical agreementsArticle 8: Modification and terminationArticle 9: Entry into forceIn witness whereof we:Signed on behalf of [Development partner] Signed on behalf of MLHUD … … Dated: Dated: 

Proposed template for an Academic/research Institution 

MEMORANDUM OF UNDERSTANDING (MOU) between__________________________________

[insert name of Party A]and

___[insert name of Party B]This is an agreement between “Party A”, hereinafter called _________________ and “Party B”, hereinafter called I. PURPOSE & SCOPE• Enhance

Increase Reduce costs Establish

II. BACKGROUNDIII. [PARTY A] RESPONSIBILITIES UNDER THIS MOU IV. [PARTY B] RESPONSIBILITIES UNDER THIS MOU [ Develop Deliver Share Support Provide Promote Refer Review] V. IT IS MUTUALLY UNDERSTOOD AND AGREED BY AND BETWEEN THE

PARTIES THAT: Modification.. Termination….

VI. FUNDING VII. EFFECTIVE DATE AND SIGNATURESignatures and dates [insert name of Party A] [insert name of Party B] _________________________________ _____________________________________ __________ Date _________ Date __________________.

AAU- Possible areas to engage include:· software support on access to information on land

administration, conflicts,· Research on land grabs in hot spot areas and land and

private investment· Titling and Mapping documentation· Monitoring policy and review of laws· Land rights for womenBUT ·Value addition is key, Spirit of information sharing, Transparency and Mitual respect

NFA has engaged up to 20-30 stakeholders on among many the Collaborative Forestry Management initiative. It made this easy by

demystifying the budget to small amounts in that stakeholders engage on initiatives of as low as 6 million shillings while NFA plays

the role of coordinator[ACODE

The issue of minimum standards

Summary of constraints to stakeholder participation 1.Inadequate awareness of the NLP and the NLPIA2.Lack of clear coordination and the specific roles by MLHUD3.The land sector continued occurrence as a cross cutting issue4.The structure of the NLPIAP and its budget5.Lack of a clear structure to engage regarding stakeholder participation6.The red tape at the Ministry and some agencies demotivates some of the stakeholders 7.Perennial lack of information from MLHUD8.Time, resources and prioritization9.The need for minimum standards from the Ministry to the stakeholders10.General fear to engage with government

Recommendations

Customizing the IAP Budget for effective stakeholder buy in

Need for Policy review regarding stakeholder engagement

Development of Minimum standards for stakeholder engagement

Need for increased synergies between MLHUD and other MDAs

Operationalize the outcomes of the stakeholder capacity assessment

Need for regular update of the stakeholder Matrix

Need for more awareness on the Land Policy and IAPStakeholder Management office

PROPOSED TEMPLATE –STAKEHOLDER ENGAGEMENT1.Introduction2.Policy overview3.Key policy milestones4.Context5.Engagement mandate6.Engagement objectives7.Stakeholders8.Resources9.Budget10.Engagement approach

I. Engagement phasesII. PrinciplesIII.Engagement policy

11.Key messages12.Topics open for discussion13.Engagement methods14.Protocols for engagement15.Implementation plan16.Evaluation17.Measures of success18.Process to evaluate

Thank youMwebbale nyo

Mwebbale munnoYalama Noi

Afoyo