In December 2008, there was talk of Kenya leasing 100, 000 acres of land on the Tana River Delta to Qatar. Debate on this escalated in 2009, with local activists lobbying hard against this prospect. In early 2009, this debate was spiced by speculation that chunks of land around Jomo Kenyatta International Airport would be leased to Qatari investors for the construction of an expansive five star hotel. Debates on the two remain inconclusive, with the Lands Ministry unable to authoritatively verify any.

LARGE SCALE LAND GRABS: WHICH WAY AFRICA?

In December 2008, there was talk of Kenya leasing 100, 000 acres of land on the Tana River Delta to Qatar. Debate on this escalated in 2009, with local activists lobbying hard against this prospect. In early 2009, this debate was spiced by speculation that chunks of land around Jomo Kenyatta International Airport would be leased to Qatari investors for the construction of an expansive five star hotel. Debates on the two remain inconclusive, with the Lands Ministry unable to authoritatively verify any.

With the two, Kenya had just joined the rising number of African countries such as the DRC, Ethiopia, Mali and Madagascar among others, forced to confront the realities 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 Lilongwe, Malawi in October last year, the subject popped up. As part of the launch agenda, a high level panel discussion on “Land Related Foreign Direct Investment in Africa” was on queue. 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 Phillip Kiriro, President of the East African Federation of Farmers, participated too. In the audience were several African Ministers of Agriculture who had earlier arrived in the Malawi capital for a Conference of African Union Ministers of Agriculture. Hon Gideon Ndambuki represented Kenya. I kept with the discussion.

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. The highlights from the discussion could inform public debate and policy decisions in Kenya and Africa on this matter.

It was noted that Africa indeed 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 recognized in existing legal regimes. This constrains the effective conveyance of such land to investors.

During negotiations, Governments must inform and seek the representation of the local communities and land owners. The land rights of such people and communities must be recognized 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 bio-fuel production, it was suggested that African countries should instead aggressively implement their agricultural policies and promote small scale farmers who account for 70-80% of its food needs. And where indeed there is a compelling case for foreign investment, given that land is sovereign, outright sales of land and long leases should be avoided. Renewable short leases should instead be 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 suggestion that African countries consider promoting intra-Africa investments by according priority to land related investment proposals from other parts of the continent. As fundamental, African countries were urged to put in place appropriate land regimes, develop suitable land use plans, build their local technical capacity and promote partnerships between local investors.

In addressing their broad land issues, countries were encouraged to harness the provisions of the “Framework and Guidelines for Land Policy in Africa”, produced as an initiative of the African Union, the African Development Bank and the United Nations Economic Commission for Africa. This continental land policy 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 marginalizing the land rights of African communities.

Africa beware; this is important and should be carefully handled. Kenya, which hasn’t quite fallen foul of the phenomenon, should stand guided.

The edited version of this article was first published in 2011 in the Daily Nation, a Nation Media Group Publication.