Examining the legal safeguards against the environmental impact of land grabbing in African countries

2018 ◽  
Vol 20 (1) ◽  
pp. 3-15 ◽  
Author(s):  
Taiwo Ajala

Large-scale land acquisitions in African countries by foreign investors who use such lands for agricultural purposes that have negative socio-economic and environmental impact in host countries is considered as ‘land grabbing in Africa’. In the context of the environment, the type of crops and monoculture practices undertaken by the foreign investors led to changes in land use, deforestation, exposure of land to soil erosion, depletion of water sources, pollution of surface water and contamination of ground water as a result of the intense use of agro-chemicals. Collectively, these have had a deleterious environmental impact in host countries. This article examines the phenomenon of ‘land grabbing in Africa’ by identifying the type of land-based agricultural investments by foreign entities and the environmental impact of such investments in African countries like Nigeria. The article argues that the prevailing Nigerian environmental law cannot ensure sustainable development as it does not address the environmental impact of land-based agricultural investments by foreign enterprises in the country. The article proposes that suitable environmental laws must contain the concepts of Community Participation in environmental impact assessment process of land based foreign investments and Environmental Justice for victims of environmental degradation of such investments.

Land ◽  
2021 ◽  
Vol 10 (3) ◽  
pp. 312
Author(s):  
Ruxandra Malina Petrescu-Mag ◽  
Hamid Rastegari Kopaei ◽  
Dacinia Crina Petrescu

Foreign land grabbing is acknowledged as a phenomenon that generates disempowerment and dispossession of local farmers, human rights violations. Previous studies have revealed the lack of ethical benchmarks in foreign large-scale land transactions that raise moral concerns. It is evident that when resources are scarce and people depend on them, the balance between values and interests transforms itself into a dilemma. Within this context, the aims of the paper were to bring to the fore critical reflection on a more ethical perspective of large-scale land acquisitions and to extend the scant information on what factors determine landowners not to sell their land to foreigners to limit land grabbing. This context justifies the need for a critical reflection on a more ethical perspective of large-scale land acquisitions. Therefore, two objectives were set. The first one is to document the role of ethics in large-scale land transactions. Based on the land grabbing literature, authors selected a set of eight land grabbing narratives, most often interrelated and overlapping, that pose ethical considerations. The second objective is to reveal how well a set of variables can predict the “Resistance to sell” the land to foreigners even when an attractive price is offered. As ethics is a social construct, the analysis captured the stakeholders’ perspective on land grabbing. Therefore, a questionnaire was applied to a sample of 332 Romanian landowners from twelve randomly selected counties to reveal their perceptions. Partial least squares structural equation modeling (PLS-SEM) was used to observe how well a set of seven variables could predict landowners’ “Resistance to sell” their land to foreign buyers. The use of PLS-SEM was justified by the existence of single items and the need to examine many structural model relations. Results showed that the variables with the strongest contribution to the prediction of the dependent variable are the “Probability to join an association for farmers rights defense”, the “Importance of the land price offered by the potential foreign buyer”, and the “Perceived effect of agricultural land conversion to urban land”. Raising awareness on the importance of buyer attributes, increasing people’s perception of the negative effect of agricultural land conversion to urban land, or strengthening the state’s image as a necessary actor to limit land grabbing will increase landowners’ resistance to sell their land to foreigners. Finally, it can be inferred that, within this frame of discussion, ethics should be valued as a means to create economically viable and morally justifiable solutions for foreign large-scale land transactions.


Agriculture ◽  
2018 ◽  
Vol 8 (12) ◽  
pp. 194 ◽  
Author(s):  
Chiara Mazzocchi ◽  
Michele Salvan ◽  
Luigi Orsi ◽  
Guido Sali

The determinants of large-scale land acquisitions (LSLAs) are, in most cases, outside the traditional sales–buying land market, as they are often rented lands for long periods of time or exploitation licenses. Sub-Saharan Africa is among the most affected regions by this phenomenon for reasons related to its land policy, and includes 37% of the total LSLAs cases. The paper develops an econometric model based on a logarithmic OLS regression to identify the determinants of LSLAs in sub-Saharan Africa. As suggested by the literature, this analysis poses the total agricultural area acquired by country as dependent variable. Results show that investors prefer a country offering a sufficiently free trade economic context with a good level of agricultural productivity, thus allowing an easy investment process. Moreover, a country with a formal recognition of land rights is preferred, to have guarantees on their investment. The availability of water is also one of the main LSLAs drivers, as a natural limit of agricultural investments.


2017 ◽  
Vol 52 (1) ◽  
pp. 33-63 ◽  
Author(s):  
Frankline A. Ndi ◽  
Simon Batterbury

Large-scale land acquisition (LSLA) by foreign interests is a major driver of agrarian change in the productive regions of Africa. Rural communities across Southwest Cameroon are experiencing a range of political conflicts resulting from LSLA, in which commercial interests are threatening local land-use practices and access to land. This paper shows that the struggle to maintain or redefine livelihoods generates tension between inward competition for and outward contestation of claims to land. In Nguti Subdivision, the scene of protests against a particular agribusiness company, there is continued debate over ideas about, interests in, and perceptions of land and tenure. The authors show how top-down land acquisition marginalises land users, leading to conflicts within communities and with the companies involved, and conclude that for an agro-project to succeed and avoid major conflicts, dominance by elite interests must give way to a more inclusive process.


2011 ◽  
Vol 4 (3) ◽  
pp. 72-87
Author(s):  
Rick Rowden

Indian agricultural companies have been involved in the recent trend in large-scale overseas acquisitions of farmland, criticized as “land grabbing”. India has joined China, Kuwait, Saudi Arabia and South Korea among other nations heavily investing in large-scale agricultural projects in Africa and elsewhere. Several factors are driving India's effort to “outsource its food production,” including the Government's growing strategic concerns about ensuring long-term food security and concerns about falling ground water tables. Eager developing country governments have also courted Indian agricultural investors, offering special incentives, including offers to lease massive tracts of arable land on very generous terms at much cheaper rates than land and water in India. The Indian Government has supported this trend through high-level trade diplomacy, foreign aid, and subsidized credit for its agricultural companies investing overseas. Critics call the trend “land grabbing” and claim there have been negative impacts on local peoples, who are often displaced in the process. The public disclosure of lease contracts between the Ethiopian Government and five Indian investors sheds light on the negative ethical, political, human rights and environmental consequences for local people in host countries. New and ongoing advocacy strategies are discussed, including the idea to establish international advocacy linkages between Indian activists fighting for small farmers rights and addressing “land grabbing” actions within India, and small farmers in Africa and elsewhere facing similar problems. One idea is for such linkages to inform Indian citizens who can take action to address the problem of land-grabbing by Indian companies operating overseas. International land rights advocates see a common struggle in which land deals must involve transparent and participatory relations between governments, companies and local democratic communities.


2020 ◽  
Vol 79 (11) ◽  
Author(s):  
Ahmet Ozgur Dogru ◽  
Cigdem Goksel ◽  
Ruusa Magano David ◽  
Doganay Tolunay ◽  
Seval Sözen ◽  
...  

Author(s):  
Kassa T. Alemu

This chapter investigates land deals processes and the effects on livelihoods in Gambella and Benishangul-Gumuz. It applies quantitative and qualitative data from primary and secondary sources. It describes the land deals, actors involved, and the effect of the deal on villagers' land rights, food security, job creation, technology transfer, and sustainable use of natural resources. The study concludes that the government effort towards large-scale land deals and agricultural investment is promising. However, there is a gap regarding making the deals a win-win situation for stakeholders. Therefore, it is recommended that the governance of land deals need to be improved, and the capacity of the three actors—the government, investors, and local communities—need to be developed to play their respective roles in the deals. It is also recommended that effective monitoring and control mechanisms related to large-scale agricultural investments should be put in place and properly implemented.


PLoS ONE ◽  
2016 ◽  
Vol 11 (3) ◽  
pp. e0150901 ◽  
Author(s):  
Thomas Breu ◽  
Christoph Bader ◽  
Peter Messerli ◽  
Andreas Heinimann ◽  
Stephan Rist ◽  
...  

2017 ◽  
Vol 17 (284) ◽  
Author(s):  
Vito Amendolagine ◽  
Andrea Presbitero ◽  
Roberta Rabellotti ◽  
Marco Sanfilippo ◽  
Adnan Seric

The local sourcing of intermediate products is one the main channels for foreign direct investment (FDI) spillovers. This paper investigates whether and how participation and positioning in the global value chains (GVCs) of host countries is associated to local sourcing by foreign investors. Matching two firm-level data sets of 19 Sub-Saharan African countries and Vietnam to country-sector level measures of GVC involvement, we find that more intense GVC participation and upstream specialization are associated to a higher share of inputs sourced locally by foreign investors. These effects are larger in countries with stronger rule of law and better education.


Author(s):  
Essien Essien

Contemporary studies surrounding the land grabbing phenomenon in Africa have revealed two findings. First, the purchase or lease of vast tracts of land from poor, developing countries by wealthier, food-insecure nations has raised deep ethical concern over food security and rural agricultural development. Second, there is the existence of a powerful myth that large-scale land deals are necessary in order to deal with scarcity. Drawing upon extensive contemporary literature on foreign land acquisition and food security, this chapter examines the phenomenon using “rent gap” theory. With an insight provided into understanding the independent layers of land grabbing in Africa, a criterion on what should constitute appropriate procedure for land acquisition is thus supplied. Findings posit that despite insufficiency of food availability in Africa, land grabbing continues regardless of its social and ecological limitations. This chapter has a significant implication for cumulative research on the subject of ethics of foreign land acquisition.


Land ◽  
2018 ◽  
Vol 7 (3) ◽  
pp. 98 ◽  
Author(s):  
Ramona Bunkus ◽  
Insa Theesfeld

Recently, we witnessed an immense increase in international land transactions in the Global South, a phenomenon slowly expanding in northern industrialized countries, too. Even though in Europe agriculture plays a decreasing economic role for rural livelihoods, the increases in land transactions by non-local, non-agricultural investors pervades rural life. Nevertheless, the underlying processes are not yet well understood. Large-scale land acquisitions describe such purchases and leases in a neutral way, while ‘land grabbing’ expresses negative consequences for rural people. We investigate whether and under which conditions the term land grabbing is justified for the phenomenon observed in Europe. We propose six socio-cultural criteria that scholars should consider to come to an initial classification: legal irregularities, non-residence of new owners, centralization in decision-making structures, treating land as an investment object, concentration of decision-power, and limited access to land markets. We supplement our findings with empirical material from East Germany, where such land acquisition processes occur. Our paper contributes to the ongoing discussion about agricultural structural change in Europe, which is intensified by increasing land prices and a new distribution of landownership but likewise strongly intertwined with rural development.


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