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Govt resurrects emotive Land Acquisition Bill.

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photo credit: Daily Monitor

President Museveni and then Lands State Minister Aidah Nantaba in Kayunga in June 2021 where the President had gone to mediate a land dispute. The government is set to reintroduce the compulsory Land Acquisition Bill. 

The government is set to reintroduce the controversial Land Acquisition Bill that, among others, seeks to enable compulsory land acquisition for strategic government development projects.
The Bill is among the 62 proposed legislations presented by President Museveni during the State-of-the-Nation Address on Tuesday that are to be introduced by government to the 11th Parliament during its second session that started on June 7.

According to the Ministry of Lands, the object of the draft Bill is to allow the government to acquire land for timely implementation of public works and end years of prolonged acquisition processes that have in the past cost the country billions of shillings and hindered essential projects.
The idea of the government to take over even privately owned land for public works dates back to 2017, and has often raised a raging debate across the political divide that remains unsettled.
 READ: Mailo land tenure debate sparks storm

Buganda premier Charles Peter Mayiga vowed to oppose the new proposed land law that seeks to provide for compulsory acquisition of land for government development projects, warning that it is a ploy to grab people’s land.
“As Buganda Kingdom, we shall not allow any law on land that seeks to grab land from Kabaka’s subjects and undermine Kabaka’s authority over land. They [government] should stop provoking us,”Mr Mayiga told the Lukiiko (Buganda parliament).

The property law
Article 26(2) of the Constitution stipulates that: “No person shall be compulsorily deprived of property or any interest in right over property of any description except where taking possession is necessary for public use and, or, is made under the law after prompt payment of fair and adequate compensation.”
However, in 2017, the government tabled the controversial Constitution Amendment Bill, 2017 that sought, among other things,  to amend Article 26 of the Constitution to allow government “compulsory acquisition” of private land for national projects and deposit in court the compensation money it deems appropriate regardless of whether the owner consents to it or not.

In the same year, President Museveni, conducted a countrywide radio tour to face the people with the aim of softening the public to embrace the proposed amendments.
Many, however, remained unyielding.  At the time, most of the Cabinet ministers as well as NRM legislators remained silent on the matter.
But the attempts to amend Article 26, which safeguards private land until adequate and timely compensation is made, were rejected by the 10th Parliament, and the government retreated to re-strategise.

Mr Dennis Obbo, the spokesperson at the Ministry of Lands, yesterday told Daily Monitor that the draft document is with the Ministry of Justice for drafting of a new Bill, after consultations with stakeholders, across the country.
Without delving into the details of the new amendments to the proposed law, Mr Obbo said some changes have been made to ensure the processes are within the confines of the Supreme Law.
“It is important we do not delay capital investments, which has been the case. Government in the past has lost $27m (Shs101b) per year in servicing debts because of such acquisition delays. We have looked at a win-win situation, listen to the owner of the land but also make sure government does not lose out,” Mr Obbo said.
The new Bill will maintain the deposit of compensation money on an escrow account in case a land owner has reservations about the amount they are offered.

The compensation rates will be determined by government valuer, according to the Valuation Bill, 2022, another attendant legislation that seeks to harmonise the acquisition process.
The Land Acquisition Bill also established a tribunal, headed by a High Court Judge to handle any disputes. Such a complaint must be heard and decided on within 30 days, and an appeal in 45 days.
In case Parliament approves the controversial amendments, Mr Obbo reiterated that land owners will be given a notice, allowed six months to vacate the land in question, and the government will only take over the land after compensation, or settlement in case of disputes.

Other inclusions
The draft Bill, according to sources in the Attorney General’s chambers, will also provide for resettlement and relocation packages as opposed to compensation.
The government will also table the Land Act Amendment Bill, 2022 that seeks to address land issues including the rampant eviction of bibanja holders and reorganise the current land tenure systems.

A sub-committee of the Cabinet chaired by Deputy Prime minister, Gen Moses Ali, is currently studying the report by the Justice Catherine Bamugemereire Commission to inform major amendments to streamline the land business.
The Gen Ali committee is reported to be under strict instructions to come up with “incontrovertible amendments” that are needed to stop rampant illegal evictions in the country.
Government will also reintroduce the Health Insurance Bill that elapsed with the 10th Parliament. The legislation  seeks to provide universal healthcare to all Ugandans.

Bills govt will present for legislation in 2022/2023 

1. The Uganda Peoples’ Defence Forces Act (Amendment) Bill 2022
2. The Social Impact Assessment and Accountability Bill
3. Uganda National Kiswahili Council Bill
4. The Employment (Amendment) Bill
5. The Occupational Safety and Health (Amendment) Bill
6. The Workers Compensation (Amend) Bill
7. Labour Unions (Amendment) Bill
8. The Culture and Creative Bill
9. The Veterinary Practitioners Bill
10. Animal Diseases Amendment Bill
11. Companies (Amendment) Bill, 2022.

12. The Insolvency (Amendment) Bill, 2022.
13. The Law Revision (Miscellaneous Amendments) Bill, 2022.
14. Energy Efficiency and Conservation Bill
15. Amendment of Atomic Energy Act,2008
16. Building Substances Bill,2022
17. The National Health Insurance Scheme Bill,2019
18. The Food and Drug Authority Bill,2017
19. Health Professional Council’s Authority Bill,2016
20. The Museums and Monuments Bill 2022
21. The Nakivubo War Memorial Stadium (Amendment) Bill.
22. Business Technical Vocational Education and Training (Amendment) Bill

23. The National Teachers’ Bill.
24. The Physical Activity and Sports Bill
25. The Local Government (Amend) Bill
26. The Uganda Communication (Amendment) Bill
27. National Information Technology (Amendment)Bill
28. Engineers Registration (Amend) Bill.
29. Uganda Railways Corporation (Amendment) Bill
30. Land Acquisition Bill,2022
31. Valuation Bill,2022
32. Real Estates Bill,2022
33. Land Act (Amendment) Bill,2022

34. Anti-Terrorism (Amendment) Bill
35. Small Arms and Light Weapons Control Bill
36. The Explosives Bill.
37. Transitional Justice Bill
38. Microfinance Deposit Taking Institutions (Amendment) Bill,2020
39. Annual Macroeconomic and Fiscal Performance Report FY 2021/2022
40. National Budget Framework Paper for FY 2023/2024
41. Semi – Annual Budget Performance Report FY 2022/2023.
42. Semi – Annual Macroeconomic and Fiscal Performance Report FY2022/2023

43. Annual Budget Estimates FY 2023/2024
44. The Appropriation Bill FY 2023/2024
45. Treasury Memoranda FY 2023/2024
46. Corrigenda FY 2023/24
47. Income Tax (Amendment)Bill,2023
48. Excise Duty(Amendment)Bill,2023
49. The Value Added Tax (Amend) Bill, 2023
50. The Stamps Duty (Amendment) Bill, 2023
51. Traffic and Road Safety (Amendment)Bill, 2023
52. Lotteries and Gaming(Amendment)Bill,2023
53. The Tax Procedures Code (Amendment) Bill 2023
54. Tax Appeals Tribunal(Amendment)Bill,2023
55. The Finance (Amendment) Bill, 2023
56. Budget Speech for FY 2023/2024.

57.The Supplementary Appropriation Bill FY 2022/2023
58. The Uganda National Council of Science and Technology (Amendment) Bill
59. Competition Bill
60. Consumer Protection Bill
61. Legal Metrology Bill
62. Industrial and Scientific Metrology Bill

Source: Daily Monitor

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Restoring Our Land: Tackling Degradation for Climate Resilience, Food Security, and Sustainable Development at COP16

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United Nations Convention to Combat Desertification

Land degradation is not just an environmental problem. It increases risks to human health and the spread of new diseases. It is a driver of forced migration and conflicts over scarce resources. It is a leading contributor to climate change, biodiversity loss, poverty, and food insecurity. In other words, it is at the core of sustainable development.

Up to 40% of the world’s land is degraded. Between 2015 and 2019, at least 100 million hectares of healthy and productive land were degraded every year—a cumulative area twice the size of Greenland. Droughts are hitting more often and harder all over the world, driven or amplified by both climate change and poor land management.

Tree planting
People from Ukamo village in Ethiopia take part in a tree planting project as part of the government’s “Safety Net” programme which gives vulnerable farmers work. (Photo by Mike Goldwater)

Restoring degraded land and soil, and investing in drought resilience, are some of the most cost-effective actions countries can take to reduce the high human, social and economic impacts of drought—simultaneously increasing food, water and energy security while reducing displacement and conflict drivers. Thirty years ago, with the adoption of the United Nations Convention to Combat Desertification (UNCCD), countries agreed to walk together down this path.

What Drives Land Degradation and Desertification?

Land degradation is the long-term decline in the quality of land that leads to the reduction or loss of the biological or economic productivity of land. In the drylands, land degradation is known as desertification. According to the Global Land Outlook, drylands cover more than 45% of the Earth’s land surface, provide 44% of the world’s agriculture, support 50% of the world’s livestock, and are home to one in three people worldwide. Experts estimate that, if not reversed, land degradation will drive 700 million people out of their homes by 2050 because they will no longer be able to feed themselves or have access to sufficient water.

The dominant drivers of land degradation include agriculture and related land-use changes, unsustainable management or over-exploitation of resources, natural vegetation clearance, nutrient depletion, overgrazing, inappropriate irrigation, excessive use of agrochemicals, urban sprawl, pollution, mining and quarrying, among others.

Deforestation is one of the most significant causes of land degradation. Tree roots help bind soil particles, thus maintaining their quality. When trees are cut down, the soil particles tend to disperse, negatively impacting the quality of the soil.

Another driver of land degradation is a lack of land tenure security. When people own their land, they are more likely to make the long-term investments needed to sustainably manage land, such as practicing crop diversity and agroforestry. Even though land constitutes the main asset from which the rural poor derive their livelihoods, millions of farmers, especially women, do not own their land. In many countries, the laws or customs hinder women’s ownership of land. In more than 100 countries, women are dispossessed from their land when they lose their husbands. This is a key issue to global land restoration since women are more likely to invest in diverse food systems, which boost soil health, while men focus primarily on cash crops and monoculture.

What is the UN Convention to Combat Desertification?

In 1991, African environment ministers decided to prioritize their proposal for the negotiation of a new convention to combat desertification as one of the concrete recommendations to be adopted at the UN Conference on Environment and Development (UNCED or Earth Summit) to be held in Rio de Janeiro, Brazil in June 1992. They hoped a convention would help them gain access to additional funding to combat desertification, land degradation, and drought.

Leading into the final days In Rio, delegates had reached agreement on much of the desertification chapter of Agenda 21, the UNCED outcome, including the definition of desertification: “Land degradation in arid, semi-arid and dry sub-humid areas resulting from various factors, including climate variations and human activities.” However, there was still opposition to a convention. Many developing countries resisted the idea of a special convention for Africa, since they also faced land degradation. Industrialized countries maintained that desertification was a local problem and did not warrant a treaty. It wasn’t until the final hours of the Earth Summit that a deal was finally struck and the call for a convention was included in Chapter 12 of Agenda 21.

Negotiations on the Convention began in May 1993 and were completed in five meetings over fifteen months. At the first session in Nairobi, Kenya, the International Negotiating Committee held a one-week seminar to inform negotiators of the substantive issues related to desertification and drought, demonstrating that land degradation affected people around the world. This led to a serious discussion on how to create a global convention that still gave priority to Africa. When Committee Chair Bo Kjellén suggested including a special annex for Africa under the Convention, other regions insisted on annexes for their regions.

At the second meeting in Geneva, Switzerland, in September 1993, governments agreed to negotiate four annexes simultaneously, while giving special attention to Africa. In the end, the Convention includes regional implementation annexes for Africa, Latin America and the Caribbean, Asia, and the Northern Mediterranean. A fifth annex, for Central and Eastern Europe, was adopted in 2000.

Differences over financial resources nearly caused the negotiations to collapse. Developing countries called for a special fund as the centerpiece of the new convention. Industrialized countries rejected binding obligations to increase financial assistance to affected countries, insisting that existing resources could be used more effectively. The deadlock was broken only after the United States proposed establishing a “Global Mechanism” to improve monitoring and assessment of existing aid flows and increase donor coordination. Many developing countries were not happy, but believed they had to accept the Global Mechanism on the final night because if there was no agreement on finance, there would be no convention. On 17 June 1994, delegates adopted the UNCCD, four regional implementation annexes, and a resolution calling for urgent action for Africa.

The Convention recognizes the physical, biological, and socio-economic aspects of desertification and the importance of redirecting technology transfer so that it is demand-driven. The core of the convention is the development of national, subregional and regional action programmes by national governments in cooperation with donors, local populations, and non-governmental organizations (NGOs). In fact, the Convention was the first to call for the effective participation of local populations and organizations in the preparation of national action programmes. This innovation led the first “sustainable development” convention to also be referred to as a “bottom-up” convention.

The UNCCD was opened for signature in October 1994 and entered into force on 26 December 1996. Today, there are 197 parties, representing universal ratification.

United for Land cover
Released in 2024, Unite for Land provides an overview of the first 30 years of the UNCCD.

Promoting Land Degradation Neutrality

In 2008, a group of scientists was asked by the UNCCD Executive Secretary to examine if the Convention could use the offsetting principle already practiced by the Convention on Biological Diversity (CBD) and the UN Framework Convention on Climate Change (UNFCCC), and applied to deforestation at one site by planting trees elsewhere. The idea was to use this offsetting principle to lead to zero-net land degradation and expand the reach of the Convention to address land degradation globally, not just in the drylands.

The Secretariat and like-minded countries then advocated for endorsement of this concept of land degradation neutrality (LDN) by the UN Conference on Sustainable Development (Rio+20) in June 2012 and its inclusion as one of the targets under the Sustainable Development Goals (SDGs). This would enable LDN to gain traction and effectively link land degradation as a driver of poverty, climate change and biodiversity loss, and demonstrate the relevance of productive land to global sustainability. The Rio+20 outcome, The Future We Want, highlights the need for urgent action to reverse land degradation and achieve a land-degradation neutral world.

After Rio+20, the UNCCD pushed forward with LDN on a variety of fronts. First, in 2013, the 11th meeting of the Conference of the Parties (COP) established a working group to develop a science-based definition of LDN (Decision 8/COP.11). In late 2014, the Secretariat set up the LDN pilot project, through which 14 affected countries worked to translate LDN into national targets.

Meanwhile, in New York, the UNCCD and its supporters successfully lobbied for including a target on LDN in the Sustainable Development Goals (SDGs). When the 17 SDGs and 169 targets were adopted by the UN General Assembly in September 2015, they included target 15.3: “By 2030, combat desertification, restore degraded land and soil, including land affected by desertification, drought and floods, and strive to achieve a land degradation-neutral world.” For the first time, the UNCCD had successfully placed an item at the forefront of the international agenda.

Tree planting
Afrormosia growing scheme at the Compagnie Forestiere et de Transformation (CFT) in Kisangani, DRC. (Photo by Axel Fassio/CIFOR (CC BY-NC-ND 2.0))

The following month, UNCCD COP12 convened in Ankara, Turkey, and endorsed the science-based definition of LDN submitted by the working group:

“Land degradation neutrality is a state whereby the amount and quality of land resources necessary to support ecosystem functions and services and enhance food security remain stable or increase within specified temporary and spatial scales and ecosystems” (decision 3/COP.12).

And, in what some viewed as a ‘game changing’ accomplishment, COP12 agreed that striving to achieve SDG target 15.3 is a “strong vehicle for driving implementation of the UNCCD,” and invited countries to set voluntary targets to achieve LDN. The Global Mechanism and the UNCCD Secretariat established the LDN Target Setting Programme to assist countries in setting national baselines and creating voluntary national LDN targets and associated measures. Since then, 131 countries committed to setting LDN targets and more than 100 have already set their targets.

In 2017, the Convention’s Science-Policy Interface (SPI) published the Scientific Conceptual Framework for Land Degradation Neutrality, which provides a scientific foundation for understanding, implementing and monitoring LDN. It was designed as a bridge between the vision and the practical implementation of LDN by defining LDN in operational terms. The SPI developed three indicators, which created a clear pathway for monitoring LDN—both for the Convention and SDG 15.3:

  • trends in land cover;
  • trends in land productivity or functioning of the land; and
  • trends in carbon stocks above and below ground.

But there were concerns. Some countries and members of civil society at COP12 were worried about the focus on LDN as a central UNCCD target. Some likened it to opening a door to land grabs and greenwashing. So while the UNCCD COP called for the restoration of 1.5 billion hectares of land by 2030 to achieve a land-degradation neutral world, it was also essential to acknowledge land rights and inclusive land governance arrangements at the national and sub-national levels. The land tenure decision at COP14 did just that.

Already countries have pledged to restore 1 billion hectares of land, but there is still more work to be done to make these pledges a reality.

2018-2030 Strategic Framework

In 2017, COP13 in Ordos, China, adopted the UNCCD 2018−2030 Strategic Framework, which has three main components: a vision, strategic objectives and an implementation framework.

The vision commits parties to “A future that avoids, minimizes, and reverses desertification/land degradation and mitigates the effects of drought in affected areas at all levels and strive to achieve a land degradation neutral world consistent with the 2030 Agenda for Sustainable Development, within the scope of the Convention.”

The Framework’s five strategic objectives are designed to guide the actions of all UNCCD stakeholders and parties until 2030:

  1. To improve the condition of affected ecosystems, combat desertification/land degradation, promote sustainable land management and contribute to land degradation neutrality
  2. To improve the living conditions of affected populations
  3. To mitigate, adapt to, and manage the effects of drought in order to enhance resilience of vulnerable populations and ecosystems
  4. To generate global environmental benefits through effective implementation of the UNCCD
  5. To mobilize substantial and additional financial and nonfinancial resources to support the implementation of the Convention by building effective partnerships at global and national level

The implementation framework defines the roles and responsibilities of parties, UNCCD institutions, partners and stakeholders in meeting the strategic objectives.

In Abidjan, Côte d’Ivoire, in 2022, COP15 launched a midterm evaluation of the Strategic Plan. The results of this evaluation, overseen by an intergovernmental working group, will be discussed at COP16, which is expected to adopt a decision on enhancing the implementation of the Strategic Framework for its final five years and restoring the necessary hectares of land to achieve a land degradation neutral world.

What’s Next?

UNCCD COP16 convenes in Riyadh, Saudi Arabia, from 2-13 December 2024, under the theme “Our Land. Our Future.” The COP will commemorate the 30th anniversary of the UNCCD and a special segment will bring together leaders and high-level officials to commit to accelerate action to combat land degradation and desertification and improve drought resilience.

COP 16 social media card
A social media image for UNCCD COP 16 underlines how land degradation is a youth issue.

In addition to the midterm evaluation of the Strategic Plan and adopting the UNCCD’s biennial budget, COP16 is expected to negotiate and adopt decisions aimed at:

  • accelerating restoration of degraded land between now and 2030;
  • boosting drought preparedness, response and resilience;
  • ensuring land continues to provide climate and biodiversity solutions;
  • boosting resilience to sand and dust storms;
  • scaling up nature-positive food production by protecting and restoring grasslands and rangelands;
  • enhancing ongoing efforts to address desertification/land degradation and drought as one of the drivers that causes migration;
  • strengthening women’s right to land tenure to advance land restoration; and
  • promoting youth engagement, including decent land-based jobs for youth.

COP16 is also expected to catalyze new initiatives on land restoration and drought resilience that build on the G20 Global Land Initiative.

For the first time, the COP will include an Action Agenda, which will highlight voluntary commitments and actions and include thematic days:

  • Land Day on 4 December will focus on the importance of healthy land for combating climate change, creating jobs and alleviating poverty, with an emphasis on nature-based solutions, land restoration, and private sector engagement.
  • Agri-food System Day on 5 December will highlight sustainable farming practices for resilient crops and healthy soils while protecting ecosystems.
  • Governance Day on 6 December will address inclusive land governance.
  • People’s Day on 7 December will focus on the role of youth, women and civil society in decision-making.
  • Science, Technology and Innovation Day on 9 December aims to accelerate scientific solutions for land health and resilience.
  • Resilience Day on 10 December will focus on policies and technologies to build societal and planetary resilience in the face of climate change.
  • Finance Day on 11 December will engage financial stakeholders to showcase innovative funding mechanisms and partnerships for land and drought resilience initiatives.

COP16 will also build upon the COPs of the CBD in October 2024 and the UNFCCC in November 2024, improving synergies between the three “Rio Conventions” and promoting the implementation of the SDGs.

As UNCCD Executive Secretary Ibrahim Thiaw said in his foreword to the second edition of the Global Land Outlook report, “Governments and stakeholders cannot stop the climate crisis today, biodiversity loss tomorrow, and land degradation the day after.” The international community needs to tackle all these issues together. Achieving climate, biodiversity and sustainable development goals is impossible without healthy land.

In 1994 the adoption of the UNCCD started the world down the path to reversing land degradation, desertification and drought. COP16 is expected to reaffirm this global commitment for present and future generations.

Pamela Chasek, Ph.D., is the Co-founder and Executive Editor of the Earth Negotiations Bulletin.

Original Source: Earth Negotiations Bulletin (ENB)

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Makindye Magistrate Court grants bail to a 72-year-old for fighting for her land.

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By Witness Radio team.

Makindye Magistrates Court in Kampala has granted non-cash bail to 72-year-old Namuddu Ruth, who was arrested for allegedly erecting a makeshift structure on her land.

Namuddu had spent close to two months on remand.

The National Environment Authority (NEMA) erased Namuddu’s permanent houses and other properties worth millions of Uganda Shillings in an exercise dubbed ‘restoration of Lubigi swamp.’ This action, which led to the displacement of Namuddu and many others, has been widely criticized for its injustice.

Namuddu is one of more than 100 households in the villages of Nansana West II, Ganda-Nasere, Nabweru South I & II, Kawaala Zone II, and some parts of Bwaise and Namungoona that were forced to leave their land by the NEMA under a heavily guarded operation by armed soldiers and police personnel.

After losing everything with no alternative resettlement or compensation, Namuddu repossessed her land and erected a temporary structure to live in, a testament to her resilience in the face of adversity.

Namuddu was arrested on the 16th of October 2024 by the police in Kampala, charged by the Makindye Court with failure to comply with orders and notices issued by NEMA, and sent on remand in Luzira prison. The charge, according to the Section 116 of the Penal Code, attracts imprisonment for two years on conviction.

Her Worship Siene Owomugisha granted Namuddu a non-cash bail of Two million Uganda shillings (2,000,000/=).

The case hearing, which will be crucial in determining the fate of Namuddu and others affected, has been adjourned to the 9th of December at 9:00 am EAT.

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UNCCD COP16: NGOs issue a stark warning and call for urgent actions to deal with the escalating threats of desertification, land degradation, and drought.

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By Witness Radio team.

Riyadh, Saudi Arabia -As the 16th session of the United Nations Convention to Combat Desertification (UNCCD) Conference of the Parties (COP16) kicks off today, civil society organizations (CSOs) from around the globe, including Witness Radio, have issued an urgent call for action from all stakeholders, including world leaders, governments, and the United Nations.

These organizations urge policymakers to prioritize sustainable land management, inclusion, and resilience-building measures. This approach is crucial to safeguard food security and human well-being in the face of intensifying desertification, land degradation, and drought.

The conference, held in Riyadh, Saudi Arabia, began today and runs until December 13, 2024, under the theme Our Land. Our Future. Witness Radio, a leading land and environmental advocacy group, is among the NGOs represented in the ongoing COP 16. These NGOs play a crucial role in shaping the discussions and advocating for policies that address desertification, land degradation, and drought.

The United Nations Convention to Combat Desertification (UNCCD), established in 1994, is the exclusive, globally binding treaty—signed by 197 countries and the European Union—that is at the forefront of the fight against land degradation. The UNCCD is the global voice for land, championing land stewardship to avoid, reduce, and reverse land degradation and ensure the ongoing availability of land-based resources vital to human survival.

Among the 12 demands include Securing and supporting meaningful inclusion of women, youth, local communities, pastoralist communities, and Indigenous Peoples into decision-making for policy development, implementation, monitoring, evaluation and reporting at national, subnational and regional levels; Developing and implementing policies and governance at the national and sub-national levels; Supporting locally led actions and initiatives and knowledge exchange between local communities, pastoral communities, Indigenous Peoples, CSOs, policymakers, politicians, scientists, and researchers by accessible funding mechanisms; and Ensuring the mobilization of public financial resources that keep pace with the escalating adverse effects of desertification, land degradation, drought and sand storms, through measures such as taxation and fiscal incentives, among others.

To access the entire document of the 12 key messages, click here.

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