CAADP Policy Brief 10by Kate Wellard-Dyer

Over 2008 large-scale acquisitions of farmland in Africa, Latin America, Central Asia and Southeast Asia have increased. This report discusses key trends and drivers in land acquisitions, the contractual arrangements underpinning them and the way these are negotiated. It also analyses the early impacts on land access for rural people in recipient countries with a focus on sub-Saharan Africa.

The Voluntary Guidelines on the Responsible Governance of tenure of Land, Fisheries and Forests in the Context of national Food Security (VGGt) represent a new international legal instrument, which was adopted unanimously in 2012 by the United nations Committee on World Food Security (CFS). the Guidelines are a soft law instrument that does not create new, legally binding obligations for states or responsibilities for private actors, but that applies existing governance standards, particularly for human rights, to the management of land.

This article explores the question of political struggles for inclusion on an oil palm land deal in Ghana. It examines the employment dynamics and the everyday politics of rural wage workers on a transnational oil palm plantation which is located in a predominantly migrant and settler society where large-scale agricultural production has only been introduced within the past decade. It shows that, by the nature of labour organization, as well as other structural issues, workers do not benefit equally from their work on plantations.

This analysis and recommendations stem from USAID/Kenya’s request for an assessment of Kenya’s draft National Land Policy (dNLP).4 It was conducted under the global task order: Property Rights and Resource Governance Program, a mechanism designed and supervised by USAID-EGAT’s Land Resources Management Team under the Office of Natural Resources Management.

A majority of the Kenyan population live in rural areas accessing land and natural resources through customary systems and institutions that operate largely outside the mainstream legal framework of land administration. Although there are clear provisions in the Constitution and the Trust Land Act on management of trust land there appears to be an unwritten policy on the part of government that sees community land as land that is not owned but rather is available for County Councils and government to appropriate through the setting apart procedure

Large-scale land acquisitions often take place in developing countries which are also known for their corruption-friendliness caused by weak institutional frameworks. We hypothesize that corruption indeed leads to more land deals. We argue that corrupt elites exploit poor institutional setups (characterized by corruption) to strike deals with domestic and international investors at the expense of the local population. Using panel data for 156 countries from 2000-2011, we provide evidence that large-scale land deals indeed occur more often in countries with higher levels of corruption.

Global concerns about fossil fuel prices and climate change have directed focus on prospects of biofuels. In Ghana, large-scale biofuel development has been entangled with several problems including disputes over land use and a combination of challenges such as low yield performance of Jatropha, food versus oilseed prices and financial viability issues. Furthermore, the exercised land acquisition processes lacked transparency and could not protect the rights of vulnerable local people. One particular challenge is the withdrawal of companies without returning the land to the land owners.