31. There was consensus that an effective land titling system is very important to
allow for clarity on land rights. The procedure of land titling needs to be
transparent and participatory in order to avoid corruption.
32. Two additional measures were discussed:
• The foreign investor has to bear the burden of proof when it comes to who
actually owns a certain piece of land.
• The country of origin of the investor should be responsible for the foreign
investor to act in a fair manner.
The Need for an African Soil Convention
33. Sem Shikongo (from the Ministry of Environment of Namibia) in his “words of
welcome” in the first volume of the “International Yearbook of Soil Law and
Policy” raised the question whether an international Soil Regulation for Africa
would be a reasonable approach.
34. The 1968 African Convention on the Conservation of Nature and Natural
Resources sets out general obligations. It contains specific provisions on soils,
including to establish a land-use plan and thereby promoting sustainable land
use and inter alia the prevention of soil erosion. The 1968 Convention however
lacks in the establishment of an institutional framework to steer implementation
and compliance.
35. In 2003 a revised African Convention was signed by 41 states. It also sets out soil
specific regulations. In particular, it established a secretariat and a conference of
Parties. The revised African Convention got into force in 2016 after attaining the
15th ratification, and in 2017, has attained the 16th ratification from Liberia.
36. Several African States have included soil related actions in their “nationally
determined contributions” (NDC) under the 2016 Paris Agreement (e.g. Algeria,
Kenya, Botswana, Ghana).
37. REED+ also is a method to address soil issues which are relevant at national
level by internationally stimulated actions.
38. Advantages of a specific African soil instrument could be an improved coordination, joint actions and technical cooperation in particular with regard to the
implementation of LDN (e.g. indicator development).
39. Three possible options to address African soil needs at the international level:
• An African specific protocol under UNCCD
– Problems: There is no enabling clause under UNCCD for protocols and
the management would remain on international level.
• Ratification of revised African Convention
• Mainstreaming existing international soil provisions by stressing the African
perspective
40. Whether a regional environmental convention for Africa is reasonable must be
discussed further as for example the ratification and implementation of the
revised African Convention was very slow and even now, the number of current
ratification (16 out of 54 signatories) limits its actual output.
Annex: Outcome Document
217
allow for clarity on land rights. The procedure of land titling needs to be
transparent and participatory in order to avoid corruption.
32. Two additional measures were discussed:
• The foreign investor has to bear the burden of proof when it comes to who
actually owns a certain piece of land.
• The country of origin of the investor should be responsible for the foreign
investor to act in a fair manner.
The Need for an African Soil Convention
33. Sem Shikongo (from the Ministry of Environment of Namibia) in his “words of
welcome” in the first volume of the “International Yearbook of Soil Law and
Policy” raised the question whether an international Soil Regulation for Africa
would be a reasonable approach.
34. The 1968 African Convention on the Conservation of Nature and Natural
Resources sets out general obligations. It contains specific provisions on soils,
including to establish a land-use plan and thereby promoting sustainable land
use and inter alia the prevention of soil erosion. The 1968 Convention however
lacks in the establishment of an institutional framework to steer implementation
and compliance.
35. In 2003 a revised African Convention was signed by 41 states. It also sets out soil
specific regulations. In particular, it established a secretariat and a conference of
Parties. The revised African Convention got into force in 2016 after attaining the
15th ratification, and in 2017, has attained the 16th ratification from Liberia.
36. Several African States have included soil related actions in their “nationally
determined contributions” (NDC) under the 2016 Paris Agreement (e.g. Algeria,
Kenya, Botswana, Ghana).
37. REED+ also is a method to address soil issues which are relevant at national
level by internationally stimulated actions.
38. Advantages of a specific African soil instrument could be an improved coordination, joint actions and technical cooperation in particular with regard to the
implementation of LDN (e.g. indicator development).
39. Three possible options to address African soil needs at the international level:
• An African specific protocol under UNCCD
– Problems: There is no enabling clause under UNCCD for protocols and
the management would remain on international level.
• Ratification of revised African Convention
• Mainstreaming existing international soil provisions by stressing the African
perspective
40. Whether a regional environmental convention for Africa is reasonable must be
discussed further as for example the ratification and implementation of the
revised African Convention was very slow and even now, the number of current
ratification (16 out of 54 signatories) limits its actual output.
Annex: Outcome Document
217