6.2. Constitutional Provisions

farmers and entrepreneurs in agro-industry development.1910 The AU declared 2014 the Year of Agriculture and Food Security and signed the Malabo Declaration on Accelerated Agricultural Growth and Transformation for Shared Prosperity and Improved Livelihoods. The Malabo Declaration reaffirmed the commitment, among others, to allocate 10% of public spending to agriculture and halve poverty by 2025, through inclusive agricultural growth and transformation, by emphasising preferential entry for and participation by women and youth in gainful and attractive agribusiness.1911 It also established mutual accountability to actions and results through the Comprehensive Africa Agriculture Development Programme (CAADP) Result Framework and a biannual review.1912 Moreover, the AU gender equality commitments focus on achieving 30% documented land ownership and 50% finance for women.1913 The AU Gender Strategy 2017–2027 builds on already existing commitments and targets focusing on rural women. It emphasises a transformative approach to empower women.1914

During the AWD, 10 countries made constitutional reforms that are considered essential to agriculture and food security. Several constitutions (DR Congo, Egypt, Kenya, Niger, South Africa, Uganda and Zimbabwe) guarantee the right to food. Notably, Article 43 of the Kenyan Constitution of 2010 recognises that each person has the right to have adequate food of acceptable quality but also the right to be free from hunger.1915 The constitutions of Egypt, South Africa, Uganda and Zimbabwe also articulate the role of the State in providing food resources. The 2013 Constitution (revised in 2017) of Zimbabwe calls on the State to take “reasonable legislative and other measures, within the limits of the resources available to it, to achieve the progressive realisation of this right” (Article 77).1916

The constitutions of Algeria, Côte d’Ivoire, Egypt, Gambia, Kenya, Rwanda, Somalia, South Sudan and Zimbabwe include provisions regarding ownership of land and articulate the role of the State in protecting agricultural land and promoting agriculture. Only the State, public communities and Ivoirian citizens have the right to own rural land under Article 12 of the 2016 Constitution of Côte d’Ivoire.1917 The Constitution of South Sudan of 2011 (rev. 2013) recognises that all land in the country is owned by the people of South Sudan and its usage shall be regulated by the government in accordance with the provisions of this Constitution and the law.1918

Other constitutions recognise the role of the State in ensuring land use is equitable and eliminates discrimination. The 2010 Constitution of Kenya states that, “land in Kenya shall be held, used and managed in a manner that is equitable, efficient, productive and sustainable” and in accordance with principles of equitable access to land and the elimination of gender discrimination in law, customs and practices related to land and property.1919 The Constitution of Zimbabwe of 2013 (rev. 2017) includes redress for former unjust and unfair patterns of land ownership and seeks to bring about land reform and the equitable access by all Zimbabweans to the country’s natural resources, and states that policies regarding agricultural land must be guided by, among others, fair and equitable allocation and distribution and regard to gender balance and diverse community interests.1920