Timothy Wesonga Senior Livestock and Fisheries officer
Agriculture and Food Security Department EAC Secretariat Kigali,
Rwanda, 26 th April, 2013 MAKING AGRICULTURAL INVESTIMENTS WORK:
CURRENT REGIONAL PREPARATIONS AND WAY FORWARD SUGGESTIONS FOR EALA
RESPONSE TO THE LAND RUSH
Slide 2
Introduction To East Africans, Land does not only have an
economic value, but also a social and cultural heritage To East
Africans, Land does not only have an economic value, but also a
social and cultural heritage Land is therefore a sensitive and
emotive issue and need to be managed in a way acceptable by and in
the benefit of the Community. Land is therefore a sensitive and
emotive issue and need to be managed in a way acceptable by and in
the benefit of the Community. The Partner States are at different
stages in preparation of their land Policies. Kenya, Tanzania and
Rwanda have already their National land Policy. Burundi and Uganda
have their land Act. The Partner States are at different stages in
preparation of their land Policies. Kenya, Tanzania and Rwanda have
already their National land Policy. Burundi and Uganda have their
land Act.
Slide 3
FDI and Land in Africa Concerns Social, economic, environmental
and cultural too Impact on livelihoods Impact on livelihoods Food
Security Food Security Access to land- Landlessness Access to land-
Landlessness * Contracts in Secrecy FDI- Merits Create Employment
Create Employment Generate capital flows Generate capital flows
Facilitate Technology Facilitate TechnologyWorry Do we as a region
have frameworks/ instruments to guide Agriculture Investments work
for us ? What is the status quo? How do we proceed Do we as a
region have frameworks/ instruments to guide Agriculture
Investments work for us ? What is the status quo? How do we
proceed?
Slide 4
EAC Policy and Legal Instruments on Land There is no regional
specific framework for land management as such. Land management
issues are addressed within the Framework of policies, programmes,
projects plans and activities. In this regard, EAC has developed
the following policies: The Treaty establishing the East African
Community The Treaty establishing the East African Community The
EAC Common Market Protocol The EAC Common Market Protocol Protocol
on Environment and Natural Resources Management Protocol on
Environment and Natural Resources Management EAC Agriculture and
Rural Development Policy and Strategy EAC Agriculture and Rural
Development Policy and Strategy EAC Food Security Action plan EAC
Food Security Action plan EAC Climate Change Policy EAC Climate
Change Policy The Protocol on Sustainable Development of the Lake
Victoria Basin The Protocol on Sustainable Development of the Lake
Victoria Basin The Transboundary Ecosystem Management The
Transboundary Ecosystem Management Draft EAC Livestock Policy Draft
EAC Livestock Policy
Slide 5
Reviewing of the regional instruments reveals The Treaty is
rather silent on matters land except sustainable land use The
Treaty is rather silent on matters land except sustainable land use
Land issues are handled by national laws in accordance to the EAC
Common Market Protocol Land issues are handled by national laws in
accordance to the EAC Common Market Protocol The EAC Agriculture
and Rural development Policy and Strategy and the EAC Environment
and Natural resources management address land issues in a more
specific manner. They highlight the following key areas on land use
and management that are of concern ; The EAC Agriculture and Rural
development Policy and Strategy and the EAC Environment and Natural
resources management address land issues in a more specific manner.
They highlight the following key areas on land use and management
that are of concern ; i. Harmonize policies, legislation and
modalities for land leasing ii. Promote the use of environmentally
safe methods of land use iii. Develop capacity for land surveying,
mapping and land administration iv. Develop appropriate legal
systems for private sector investments
Slide 6
Cont. There is need for: Implementation of the EAC Agriculture
and Rural Development Policy and Strategy Implementation of the EAC
Agriculture and Rural Development Policy and Strategy the
Ratification of the Protocol on Environment and Natural resources
Management by all Parties to enable its implementation especially
with regards to art. 21 on soil and land use management the
Ratification of the Protocol on Environment and Natural resources
Management by all Parties to enable its implementation especially
with regards to art. 21 on soil and land use management Support
implementation of the EAC Food Security Action plan Support
implementation of the EAC Food Security Action plan
Slide 7
Institutional Framework The EAC instruments in place that could
address land issues: Steps already taken in this regards includes:
The establishment of the Sectoral Council on Environment and
Natural Resources The establishment of the Sectoral Council on
Environment and Natural Resources The establishment of Experts
working groups under the Committee on ENR; The Terrestrial
Ecosystem Working - Group(AEWG) The establishment of Experts
working groups under the Committee on ENR; The Terrestrial
Ecosystem Working - Group(AEWG) The establishment of the East
African Legislative Assembly The establishment of the East African
Legislative Assembly The establishment of the East African Court of
Justice The establishment of the East African Court of Justice The
Establishment of the Lake Victoria Basin Commission The
Establishment of the Lake Victoria Basin Commission
Slide 8
Improving access to production factors(Land) and ensuring
sustainable utilization of land resources. Harmonize policies,
legislation and modalities for land leasing i. Harmonize policies,
legislation and modalities for land leasing Harmonization of
Regional Instruments on land Need for an open and transparent FDI
policy. Need for an open and transparent FDI policy. Support
mechanisms for investors should be put in place for one stop shops.
Support mechanisms for investors should be put in place for one
stop shops. A Non-restrictive regulatory framework on basis of a
fair, equitable and non-discriminatory treatment should be
considered A Non-restrictive regulatory framework on basis of a
fair, equitable and non-discriminatory treatment should be
considered Social economic impact assessment be mandatory for
projects Social economic impact assessment be mandatory for
projects
Slide 9
Cont. ii. Promote the use of environmentally safe methods of
land use Develop and adapt common measures and strategies to
prevent soil and land degradation and ensure sustainable management
Adopt measures for conservation and enhancement of soil quality to
prevent erosion and deterioration Adopt measures for conservation
and enhancement of soil quality to prevent erosion and
deterioration Develop land use plans Develop land use plans
Implement agricultural practices promoting s,k ustainable farming
and agroforestry Implement agricultural practices promoting s,k
ustainable farming and agroforestry Control loss of soil caused by
poor and inappropriate land use Control loss of soil caused by poor
and inappropriate land use Restore degraded ecosystems i.e
rangelands Restore degraded ecosystems i.e rangelands ensure that
appropriate land use that dont lead degradation are in place ensure
that appropriate land use that dont lead degradation are in place
Prevention of Soil erosion/ degradation/ pollution/ Prevention of
Soil erosion/ degradation/ pollution/ Building capacity, research
and development in land capability soil suitability. Building
capacity, research and development in land capability soil
suitability.
Slide 10
Actions required-Continued. iii. Develop capacity for land
surveying, mapping and land administration Develop capacity and use
appropriate ICT data base system like GIS system Develop capacity
and use appropriate ICT data base system like GIS system Map and
develop a Land administration data base Map and develop a Land
administration data base Involve the local in land administration
issues Involve the local in land administration issues iv. Develop
appropriate legal systems for private sector investments Land
investment should respect the principles of Prior Informed Consent,
Access and benefit Sharing and access to and ownership of land
should be clearly harmonised. Land investment should respect the
principles of Prior Informed Consent, Access and benefit Sharing
and access to and ownership of land should be clearly harmonised.
Land investment should refer to an acceptable system by the people
of East Africa including traditional systems of land renting Land
investment should refer to an acceptable system by the people of
East Africa including traditional systems of land renting Land
investment should be a kind of Technology transfer from Investors
to the Population where by Poor people learn to produce more
instead of assisting to the grabbing of their land. Land investment
should be a kind of Technology transfer from Investors to the
Population where by Poor people learn to produce more instead of
assisting to the grabbing of their land. Land Governance structure
should be reviewed and harmonised to avoid corruption. Land
Governance structure should be reviewed and harmonised to avoid
corruption. Social economic impact of private sector investments
should a key requirement Social economic impact of private sector
investments should a key requirement *Mechanisms to Implement AU
Africa Land policy The EAC to Set up mechanisms to implement the
Africa land policy and Road Map
Slide 11
Way forward :to making Agriculture Investment work for Africa:
My take for the way forward for a parliamentary response to the
land rush) Develop a regional framework to guide land contracts in
the EAC. The development should be done through establishment of a
committee on land that includes key stakeholders to develop
framework. The commitee will develop a road map for development of
the framework that will be based on AU Africa land policy
Initiative and Road Map. In the short run develop a minimum
requirements for lease contracts for FDI Advocate for domestication
and implementation of the AU declaration on Land in the region and
the Nairobi Action plan Government should put in place policies,
regulations and institutions to manage FDI and ensure that it
delivers on national aspirations (genuine job creation. Food
security, improved trade, sustainable development..) Need thorough
analysis of the efficacy of the proposed investments Environmental,
Social & Economic Impact Assessments (ESEIA) Develop a regional
Investment strategy to avoid competition & attainment of
regional aspirations
Slide 12
Short to Middle terms actions Raise awareness on concerns
regarding land lease contracts Raise awareness on concerns
regarding land lease contracts Advocate for establishment a high
level advisory Regional land Management Committee at EAC Advocate
for establishment a high level advisory Regional land Management
Committee at EAC Set minimum conditions for land lease contracts
Set minimum conditions for land lease contracts Allow access to and
review of current land policy deals/contracts- Transparency Allow
access to and review of current land policy deals/contracts-
Transparency Advocate for review of Policies land laws and land
information systems Advocate for review of Policies land laws and
land information systems Promote food Security through support to
implementation of EAC Food Security action Promote food Security
through support to implementation of EAC Food Security action Call
for a regional high level conference on land and FDI targeting key
policy makers amongst other key stakeholders to sensitise leaders
on FDI in Agriculture. Call for a regional high level conference on
land and FDI targeting key policy makers amongst other key
stakeholders to sensitise leaders on FDI in Agriculture. Build
Capacity in negotiations and monitoring Build Capacity in
negotiations and monitoring Advocate implementation of CAADP in the
EAC Advocate implementation of CAADP in the EAC
Slide 13
Long Terms Development of regional policy and legal frameworks
on FDIs; Development of regional policy and legal frameworks on
FDIs; Review of the investment policies Review of the investment
policies Strengthening of the national land and environmental
policies and laws; Strengthening of the national land and
environmental policies and laws; Build capacity to collect and
manage land data at national and regional e.g use of GIS Build
capacity to collect and manage land data at national and regional
e.g use of GIS Development of a Regional Investment Strategy
Development of a Regional Investment Strategy Sensitization of key
leaders on FDI impacts Sensitization of key leaders on FDI impacts
Implementation of the EAC Food Security Action Plan Implementation
of the EAC Food Security Action Plan Implementation of the CAADP
Implementation of the CAADP Maintain a critical mass of skilled
negotiators Maintain a critical mass of skilled negotiators
Slide 14
One critical way forward: Pastoralists Recommend that a
regional conference be held focusing on Pastoralism and Drylands
development to comprehensively address pastoralism concerns within
the AU Framework on Pastoralism in the EAC region in order to;
Discuss the future of Pastoralism in EAC Discuss the future of
Pastoralism in EAC Discuss how to enhance value chains for products
from pastoralism---job creation; alternative livelihoods Discuss
how to enhance value chains for products from pastoralism---job
creation; alternative livelihoods