Annotated Agenda. Pressures on West African land: Strategy and Policy Group Meeting. Sahel and West Africa Club (SWAC/OECD)

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1 Strategy and Policy Group Meeting Sahel and West Africa Club (SWAC/OECD) Pressures on West African land: Reconciling development and investment policies 9 December 2009 Bamako, Hotel Azalaï Salam Annotated Agenda draft Wanjiru Bolouvi Bolouvi

2 Pressures on west african land: Reconciling development and investment policies Background Commercial pressure for land acquisition has received much media attention. Over the last few years, the situation has deteriorated instigating challenges related to food security and the environment, as well as long term investment opportunities and peace. Many studies are attempting to catalogue land sales and leases by foreign investors. Eminent international authorities are taking a stance and calling for regulation. In West Africa, these challenges concern mainly the land law reforms underway; property rights and land appropriation regulations versus commercial law (states, traditional leaders, user rights upon optimisation of the land, etc.); the trepidation of some countries to be unable to assure their food security in the future; risks of expropriation; use of natural resources to the detriment of local populations; and opportunities in terms of employment, infrastructure and market revival, etc. The SWAC/OECD Secretariat is leading a regional dialogue on West African dynamics related to commercial pressure on land. This dialogue is based on the combined conclusions of numerous research institutes, the SWAC s experience in land reform, agricultural transformation and conflict, as well as work within the OECD with regard to investment. The Conference on 9 December is taking place at the same time as two other important SWAC meetings: i) the 25th annual meeting of the Food Crisis Prevention Network (RPCA) and ii) the SWAC/OECD s Strategy and Policy Group (SPG). The SPG will convene SWAC members for a two day meeting on 9 and 10 December. The first day will be devoted to commercial pressure on land in West Africa at which representatives from institutions, experts, researchers, producer and farmer organisations as well as IOs and NGOs will participate. A restricted meeting will be held on the second day to examine the SWAC s strategic orientation, its activities and future. This meeting should conclude with a proposed roadmap to: Raise awareness among leaders of frameworks respectful of human rights, and the economic, land and social environment for investment in West African land. Lead a dialogue on the taking into account of these frameworks in the evaluation and agricultural and investment policy reform processes of OECD and West African countries. The results of the debates held on 9 December will also contribute to broader strategic thinking being carried out by the International Land Coalition (ILC) within the framework of its Commercial Pressures on Land initiative. 2 P age

3 Introduction to the objectives and organisation of the Conference. Presentation and outlining of the major issues related topressure on land in West Africa. Mr. Laurent Bossard, SWAC/OECD Director ad interim Mr. Charles Michel, Minister of Co operation of Belgium (timing of intervention to be confirmed 1 ) Interpretation of Human Rights principles in land acquisition negotiations in West Africa Discussant: Olivier de Schutter, UN Special Rapporteur on the right to food Introduction by Professor Olivier de Schutter While governments are preparing negotiations on responsible agricultural investment for the G8 Summit ( ), Mr. de Schutter is calling for human rights to be respected in the negotiating of large scale farm land acquisition or leasing contracts. This investment can be beneficial for development due to the potential to create infrastructure and employment, increase public revenue, and improve farmers access to technologies and credit. However, the right to food and human rights, in general, could be affected. Local populations without security of land tenure could be evicted although they have tended the same land for decades; pastoral and indigenous people could lose access to land. This could also lead to competition over water resources undermining food security if populations do not have access to productive resources. The 11 principles and measures set out by the Rapporteur aim to help investor as well as host states and ensure that investments benefit the most vulnerable populations. They should also be in line with the long term development process Intervention 1: What is the scope and the rationale of the principles set out by the Rapporteur on the process of elaborating the rural land law in Burkina Faso? By Mahamoudou Kiemtoré, Sociologist, Member of the Inter ministerial Commission set up to review texts by the Réorganisation Agraire et foncière (RAF). In June 2009, the national assembly adopted the law related to land tenure security in rural areas. It endeavoured to recognise and secure the rights of all land actors (state, local authorities, rural populations sharing customary original land rights, private operators). Taking into account the previous limits of the law on Agrarian and Land Re organisation, the law sets out the mechanisms through which legitimate rural land possession would be legally recognised (recognition of possession) and secured (providing rural land possession attestations). To what extent does this reform rely on several categories of land rights including commercial pressure for the acquisition or lease of large scale land by national and regional investors? How to differentiate between national investment from investment coming from West African countries and/or elsewhere? 1 Mr. Michel will intervene either at the beginning of the meeting or during the day. 3 P age

4 Intervention 2 : Regional initiatives and reforms of national land policies: What are the possible synergies to secure land tenure in view of large scale land acquisitions? By Djiré Moussa, Jurist, Faculty, Legal and Economic Sciences, University of Bamako. In 2005, the AU Commission, the ADB and ECA launched an initiative to create A framework and guidelines for land policies in Africa. Adopted in July 2009, it aims to assure that land laws guarantee fair access rights for all, in particular, women, youth, displaced persons and other vulnerable groups. In addition, organisations are undertaking strategic thinking on developing sub regional land policies. Several states are in the process of defining land policies and new land regulations. To what extent do the initiatives underway integrate the principles identified by the Special Rapporteur? What are the possible synergies between the initiatives underway in view of large scale land acquisitions? Debate h15 Intervention 3: Promote responsible foreign investment in agriculture across the developing world High level Representative Japan At the L Aquila G8 in July 2009, Japan urged for responsible foreign investment in large scale agriculture, in the developing world. Japanese Prime Minister Hatoyama said, The question must be, how we can expand food production beyond traditional economic and geographical boundaries in order to live sustainably? We think a regulatory approach is not desirable, as it may curb benign investment. Long term investment is the only viable solution for a sustainable future, and we must work to restore confidence in the market, particularly among foodimporting countries concerned by the proliferation of export restrictions. We believe nonbinding principles would promote responsible investment and sustainable farmland management. They should include, among others: International agricultural investments, particularly sovereign interventions, must be transparent and accountable. Investors should ensure that key stakeholders, including local communities, are properly informed. Agreements should be disclosed. Investors must respect the rights of local people affected by investments, in particular land rights. They should also ensure the benefits are shared with local communities in the form of employment, infrastructure, skills and technology transfer. Investment projects need to be integrated into recipient countries development strategies and environmental policies. Investors must take into account the food supply and demand situation in recipient countries. Foreign investment must not aggravate local food insecurity. Deals for land and products should adequately reflect market values. Trade arrangements must adhere to World Trade Organization rules. Japan will work with key partners to develop a global platform to agree on principles and compile good practices. Debate Break ( h45) 4 P age

5 Risks, opportunities and human rights with regard to investment in West African land : exchange of views by farmers and producer organisations Discussant : Michael Taylor Programme Manager, Global Policy and Africa International Land Coalition Secretariat The roundtable brings together representatives of the Réseau des Organisations Paysannes et Producteurs Agricoles de l Afrique de l Ouest (ROPPA), the All Farmers Association of Nigeria and farmer organisations working in network with the Netherlands Development Organisation (SNV). These farmer organisations are contributing to the debate with results from a dialogue carried out in November 2009 in Benin, Burkina Faso, Ghana, Mali and Niger on their perception of commercial pressure on land. Debate Lunch Break ( ) What policy levers could be used to reconcile development and investment issues? Roundtable of politicians and parliamentarians from West African and OECD countries Chair: François Xavier de Donnea (President of the SWAC/OECD) Discussants: Laurent Bossard (Directeur a.i. SWAC/OECD and Mike Pfister, (Investment Policy Officer, NEPAD OECD Africa Investment Initiative, Directorate for Financial and Enterprise Affairs) Facilitators : political representatives and parliamentarians from West African and OECD countries. The debates should promote and achieve long term negotiations that respect human rights, food security, current environmental concerns and the right to invest Intervention 4: Mali biocarburant spolicy concerning energy crop production By Hugo Verkuijl, CEO Mali Biocarburant Mali Biocarburant was set up in January 2007 for the purpose of producing biodiesel from Jatropha curcas for the Malian market. The Annona Sustainable Investment Fund is one investor in the company. This latter promotes sustainable Jatropha intercropping systems where its field staff work with farmers to improve their farming systems. This system reduces soil erosion, improves soil fertility and allows sufficient space in between the rows for food crops. In addition, it increases productivity by up to 20%. Finally, organised smallholders represent 20% of the company s shareholders. How can Mali Biocarburant continue to improve its strategy conciling land ownership, Jatropha cultivation and environmental sustainability? Intervention 5: Food first principle by BioFuel Africa By Steinar Kolnes, CEO and Director, Biofuel Africa Ltd, Ghana BioFuel Africa delivers environmentally friendly biofuel through sustainable production methods and socially responsible business practices. It would like to ensure that its FOOD FIRST principle is strictly adhered to in all locations in which they operate. Its policy focuses on increasing food production in terms of volume and land area to ensure food security on a local level. 5 P age

6 Intervention 6: Foreign direct investments in agricultural land in Mali By Dr. Ing. Godihald Mushinzimana, «Programme d'appui aux Collectivités Territoriales» (PACT), GTZ office, Mali With the world food crisis of 2008 and the free fall in world stock market valuations, the scramble for agricultural land is accelerating exponentially. Public and private actors are intensifying their investments in agricultural land in developing countries in order to produce biofuels and food products. The majority of this production is destined for export markets while host countries do not obtain satisfactory levels of food self sufficiency. To name but one example, Libya, via the state company Malibya Agriculture, is engaged in rice production and cattle breeding in Mali. The German Technical Cooperation will present the results of their study on FDI in Mali Parliamentarians are invited to respond to the two preceding interventions and provide information on the actions to be carried out, or are already underway, and which are related to investment in West African land in their respective country During this roundtable in Bamako, the parliamentarians will explore and identify ways in which to address this issue efficiently. These could be: parliamentary action concerning leases related to land transactions; parliament to request, in line with its overseeing mission, transparency regarding the cost and benefits of these transactions, rules and mechanisms governing these transactions; the conformity of these transactions with the national legislation if needed, the revision of the land legislation in each country; parliament to promote sustainable development through agriculture (in Africa) and land sales; North and South parliaments to join efforts to regulate land transactions in poor countries. Debate Break (16h30 16h45) Roundtable of regional institutions: conclusions and closing Chair: François Xavier de Donnea (President of the SWAC/OECD) This roundtable brings together representatives of regional African institutions (AU, CILSS, ECOWAS, NEPAD and UEMOA). Taking into account the day s debates, a road map will be proposed as well as ways forward to: Raise awareness among leaders of frameworks respectful of human rights, and the economic, land and social environment for investment in West African land. Lead a dialogue on the taking into account of these frameworks in the evaluation and agricultural and investment policy reform processes of OECD and West African countries (peer reviews, for example). 6 P age

7 Facilitators Mr. Charles Michel Belgian Minister for Development Co-operation Mr. Michel was nominated Belgian Minister for Development Co-operation in December Within the framework of his ministerial functions, he aims to modernize development co-operation to improve the quality-cost ratio, better integrate the environmental and climatic dimensions and adapt it to the ever-changing international context. Mr. François-Xavier de Donnea Belgium Minister of State, Member of the Belgian House of Representatives, SWAC/OECD President Mr. de Donnea took up his functions as SWAC President in January He represents the Sahel and West Africa Club s members in international fora and ensures that the Secretariat implements the policies and other decisions adopted by the SWAC s Strategy and Policy Group (SPG) members. During his three-year mandate, Mr. de Donnea places particular emphasis on the SWAC s forum function. He aims to strengthen the involvement of parliamentarians from OECD member countries and West Africa as well as other new development actors (South-South co-operation). Prof. Olivier de Schutter United Nations Special Rapporteur on the Right to Food Mr. de Schutter was appointed the UN Special Rapporteur on the right to food in 2008 by the UN Human Rights Council. He is independent from any government or organisation. He teaches International Human Rights Law at the Catholic University of Louvain (Belgium). At the SWAC meeting he will present principles and measures to discipline land grabbing. Mr. Laurent Bossard SWAC/OECD Director ad interim In his new capacity as Director a. i since September 2009, Mr. Bossard is responsible for developing a reform process aiming at reinforcing the SWAC based on the recommendations of its governing board. He has extensive knowledge of the West African region and has worked particularly on regional integration issues at the Sahel and West Africa Club for the past 20 years. Mr. Michael Taylor Programme Manager, Global policy and Africa, International Land Coalition Mr. Taylor joined the Secretariat of the International Land Coalition in 2006, before which he worked for UNDP in his home country, Botswana. He is responsible for programmes in Africa and also for global policy, which includes work in over 20 countries on commercial pressures on land. ILC is a global alliance of multilateral and civil society organisations working to promote equitable and secure access to land and natural resources. Mr. Mike Pfister Investment Policy Officer, NEPAD-OECD Africa Investment Initative Mike Pfister currently works as an Investment Policy Officer at the OECD s Directorate for Financial and Enterprise Affairs. As an economist specialized in investment policies, value chains and enterprise development, Mike has worked for the German Government, consulting groups and the United Nations Conference on Trade and Development (UNCTAD) in the areas of investment promotion and business linkages. His current portfolio includes the investment reviews within the NEPAD-OECD Africa Investment Initiative. 7 Page

8 Speakers Mr. Moussa Djiré Legal expert, Faculty of politics and law at the University of Bamako Mr. Djiré holds a PhD in international relations and the history of foreign policy and is specialised in land tenure and local governance issues. He works as a professor at the University of Bamako and as guest professor at the International University of Turin. Mr. Djiré is also an associated researcher of various international research programmes and an independent consultant. He is the author of several publications on land tenure, decentralisation and the management of natural resources. Mr. Mahamoudou Kiemtoré Member of the Inter-ministerial Commission in charge of proofreading legal texts of the agrian and land reform (RAF) in Burkina Faso As a sociologue specialised in rural development, Mr. Kiemtoré has worked since 2001 at the Institute for the Agricultural and Environmental Research (INERA) on Farmers viewpoints and participation in sustainable management of natural resources in the Sahel. Since 2005, he has joined the General Department of Human Rights Promotion within the Burkinan Ministry of Human Rights. He participated in particular in the drafting of the legal text on rural land reform. Mr. Steinar Kolnes CEO and Director, Biofuel Africa ltd, Ghana Mr. Kolnes, a Norwegian national, is a co-founder of Solar Harvest AS, BioFuel Africa AS and BioFuel Africa Ltd. As an automation engineer, he has over 20 years experience in IS / IT as well as with project management and complex sales to Asia, Latin America and third world countries. He previously worked as CEO of Comuniq (co-founder) from 1987 to While having acquired farming experience from his family farm, he has extensive knowledge of automation engineering for the oil and gas industry and in the field of telecommunications where he holds several patents. He recently patented a method of reducing CO2 emissions from the transport sector. Mr. Godihald Mushinzimana Head of division Natural Resource Management Support Programme for Territorial Collectivities (PACT), GTZ Office/Mali Mr. Mushinzimana joined the Mali office of the German Development Co-operation (GTZ) in 2008 as Head of the Natural Resources Management Division within the Support Programme for Territorial Collectivities (PACT). Created in 2002, the PACT aims to support Malian collectivities in the implementation of decentralisation processes. Mr. Mushinzimana is an agro-economist, trained at the Faculty of Agronomy at the University of Bonn (Germany). He worked as assistant-professor at the Institute of Economic and Social Sciences at the University of Bonn. Mr. Hugo Verkuijl CEO Mali Biocarburant Chief Executive Officer of Mali Biocarburant since April 2007, Mr. Verkuijl has built a pilot company producing and selling biodiesel for the local market. As an economist with expertise in institutional analysis, privatization of agricultural services and regional planning, he has more than 15 years work-experience, notably in Ethiopia and Mali as well as through numerous short-term assignments in the Caribbean, Central America, Eastern and Southern Africa and India. 8 Page

9 Sahel and West Africa Club (SWAC/OECD) Postal Address: 2 rue André Pascal, Paris Cedex 16 - France Office: Le Seine Saint-Germain, 12 bd des Iles, Building B, Issy-les-Moulineaux - France Phone: +33 (0) Fax: +33 (0) swac.contact@oecd.org /