Kenya mustn’t submit to the ravenous scramble for Africa’s land resources

In December 2008, there was talk about Kenya leasing 100,000 acres of land on the Tana River Delta to Qatar. Local activists lobbied hard against the move.

Early that same year, the debate was spiced by speculation that chunks of land around Jomo Kenyatta International Airport would be leased to Qatari investors for the construction of a five-star hotel.

Debate on the two remains inconclusive, with the Ministry of Lands being unable to verify whether any of these things would happen, and when.

If the land does get leased, Kenya will have joined a rising number of African countries such as the DRC, Ethiopia, Mali and Madagascar, which have faced the reality of large scale land-grabs in recent years.

This scramble for land in Africa by rich food-insecure nations was triggered by the 2008 increase in food prices. The phenomenon has huge social-economic and political implications for Africa.

It has, therefore, become a priority item in many global forums, with several international agencies, including the World Bank, making it a subject of study due to its implications to poverty and food security in vulnerable nations.

During the launch of the implementation phase of the continental land policy initiative in Malawi last October, the subject came up.

Pre-selected discussants from the International Food Policy Research Institute, the Government of Tanzania, the World Bank and a retired expert formerly with the FAO, fielded the debate.

Kenya’s Philip Kiriro, president of the East African Federation of Farmers, participated too. In the audience were several African ministers of Agriculture.

An emotive debate on the practice ensued. Those in political leadership learnt a great deal. They were later to suggest that future structured discussions on the subject be arranged for African leaders.

It was noted that Africa requires foreign investments. But such investments must always benefit its people. It was, therefore, noted that since much of Africa is food insecure, any proposed foreign land acquisitions must be addressed within this context.

Furthermore, African countries must first put in place frameworks to govern negotiations and agreements for such acquisitions, taking into account that a big proportion of land in Africa hasn’t been recognised in existing legal regimes, constraining the conveyancing of such land.

During negotiations, governments must seek the representation of the local communities and land-owners. The land rights of such people and communities must be recognised and protected.

It was suggested that African governments could, for instance, subject such negotiations to a code binding investors to pay fair wages and taxes, and in cases where agreement is reached that people be moved, then this should be preceded by the payment of fair compensation.

But there were even more exciting suggestions from those who felt that these investments have been skewed against Africa.

Instead of selling off large swathes of land to foreigners for large-scale food growing or biofuel production, it was suggested that African countries instead aggressively implement their agricultural policies and promote small-scale farmers who account for 70-80 per cent of its food needs.

And where, indeed, there is a compelling case for foreign investment, outright sales of land and long leases should be avoided and renewable short leases encouraged.

At best, instead of selling or leasing off the land, appropriate win-win partnerships should be put in place where local communities and land-owners provide the land and local labour while the interested foreign investors provide technology and capital.

This one sounded quite brilliant. There was also a suggestion that African countries consider promoting intra-Africa investments by according priority to proposals from other parts of the continent.

The countries were encouraged to harness the provisions of the “Framework and Guidelines for Land Policy in Africa”, produced as an initiative of the AU, the African Development Bank and the UN Economic Commission for Africa.

This framework focuses on strengthening land rights and enhancing productivity of Africa’s land. While acknowledging the “new scramble for Africa’s land resources” for minerals, energy and food needs abroad, the framework advises governments to ask themselves whether these foreign demands for land can be met while observing environmental sustainability and without marginalising the land rights of African communities.

Africa beware; this issue is important and should be carefully handled. Kenya should not fall into the trap.

Mr Mwathane is a surveyor in private practice and a director with the Land Development and Governance Institute (mwathane@landsca.co.ke)