Consultancy to conduct an assessment of Large Scale Land Acquisition in Ethiopia TERMS OF REFERENCE 7 May 2014

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1 Background: Consultancy to conduct an assessment of Large Scale Land Acquisition in Ethiopia TERMS OF REFERENCE 7 May 2014 Over the past decade Africa has experienced a significant increase in Large Scale Land Acquisitions (LSLA). While there are varying statistics on the number of parcels and hectares that have been transferred, there is consensus that LSLA have increased, transactions are happening more frequently and while this is a global phenomenon, Africa is the most impacted. Of the 203 million hectares of land deals reported worldwide between 2000 and 2010, two-thirds were in Africa. i Over 2.5 million hectares have been purchased in Ethiopia, Ghana, Mozambique, Sudan and Mali since 2004 according to an IIED, FAO and IFAD study. ii Ethiopia, in particular, has attracted a significant share of investor interest; the Ethiopian government has actively sought investment in the agricultural sector as part of its national development strategies. Analysis in the International Land Coalition s Land Matrix reveals at least 56 land investments in Ethiopia of 200 hectares or more between 2000 and 2011, covering a total of slightly more than 2.4 million hectares iii. These LSLA are occurring within a country which has significant biodiversity and where nearly half of the population lives below the poverty line, depending on ecosystem goods and services for small-scale farming and livestock herding. Most literature refers to the three F s to explain the drivers of LSLA: Food, Fuel and Finance. iv This trend, which is underpinned by both global and national-level economic development, has enormous risks and opportunities. The key challenge for Ethiopia and African states more broadly is how to harness the economic opportunities provided by large scale agricultural investment while simultaneously mitigating risks posed to community livelihoods, biodiversity, and the ecosystem goods and services which the latter provides. While the Voluntary Guidelines (VGs) on Responsible Governance of Tenure (FAO), and the Framework and Guidelines (F&Gs) on Land Policy in Africa (AUC, ECA, AfDB) v have been established, more work is required at the local, national and global levels to ensure the implementation of environmental and social safeguards. The African Wildlife Foundation (AWF), founded in 1961, is an international nongovernmental conservation organization, working in fifteen countries across the African continent, with a mission to work together with the people of Africa to ensure its wildlife and wild lands endure forever. The implications of LSLA in Africa have a significant impact on all aspects of AWF s mission: communities, wildlife and landscapes. AWF is currently expanding its work in Ethiopia with a particular focus on Simien Mountains National Park (SMNP) and the surrounding region; therefore, would like the assessment to include this region. 1

2 Project Description: AWF is interested in assessing the ecological and social ramifications of LSLA in Ethiopia, with special attention to areas of conservation interest. As noted above, Simien Mountains National Park, and the broader landscape of which it forms part, is of special conservation interest to AWF; it should be included as an area of interest in the project, though it should not comprise the sole focus. AWF also seeks to understand the legal and policy provisions and processes through which land is allocated for agricultural investments, as well as how to ensure environmental and social safeguards. AWF seeks to improve the process through which land is allocated for agricultural investments to ensure these investments are located strategically to increase production, have minimum impact on biodiversity and enhance livelihoods. AWF firmly believes that Ethiopia can host large conservation areas and productive agricultural growth areas, while improving rural livelihoods, so long as land uses are properly planned, developments are carefully designed, and implementation is well managed. This project is supported by the Africa Biodiversity Collaborative Group (ABCG) learning agenda, a program supported by USAID Africa Bureau, Biodiversity Analysis and Technical Support (BATS). Map 1: Map indicating protected areas and agricultural areas in Ethiopia 2

3 Consultancy Objective: The project comprises three main activities to help AWF and partners understand the implications of LSLA for Ethiopia, the legal and policy framework, and to provide recommendations ensuring environmental and social safeguards. These activities are:- i) Conduct a risk assessment of the impact of current and planned LSLA in Ethiopia. As indicated in the project description, the landscape comprising SMNP and surrounds (in the Amhara Region) is of particular interest; it should be treated as a case-study in this assessment but should not form the sole focus. The assessment is to be done through:- a. an analysis of the agricultural development strategies, national development plans, and proposed agricultural developments b. an assessment of the land that has been allocated and is likely to be allocated by the government for food or fuel production; this should be spatially referenced, and include a mapping output, indicating land parcel sizes, and former and current/proposed land use types where possible c. biodiversity risk mapping and analysis a spatial, quantitative and qualitative assessment of the implications of LSLA transactions for biological diversity and ecosystem goods and services d. an assessment of the social and economic implications of LSLA for affected rural communities with reference to selected case studies ii) iii) Assess the legal/policy provisions and processes for land acquisition, allocation and leases. This assessment should include attention to the following: How are companies acquiring land and what is the legal framework versus the actual allocation?; What are the relevant policy provisions for land conveyance and agricultural business operations?; How do relevant ministries and agencies (such as the Ministry of Agriculture, Ethiopian Wildlife Conservation Authority, Ministry of Finance and Economic Development etc.) coordinate (or not) and how do their processes conflict with or complement each other?; How do the various government policies and approvals at various levels national, regional, zonal, district (woreda), municipal (kebele) - work? Make specific recommendations for improving LSLA processes and transactions in Ethiopia such that they are more beneficial for biodiversity and communities. This should entail an assessment of gaps and opportunities regarding social and environmental safeguards relevant to LSLA. It should include but not be limited to: a. Identifying and assessing guidelines, regulations or practical processes for ensuring environmental and social safeguards vis-à-vis LSLA, which are already recognised or in place in Ethiopia (if any), and recommending steps to make these, and adherence to them, more robust. This should include analysis of whether the VGs and F&Gs are recognised by relevant ministries and agencies in Ethiopia and what role they play in mediating LSLA processes. 3

4 b. Identifying specific opportunities (legislative, policy, investment regulations, planning frameworks etc.) for Ethiopia to mainstream a set of guidelines or principles, derived from the VGs and F&Gs, which can guide LSLA in a socially and environmentally sustainable manner. How can the VGs and F&Gs be utilized or implemented in Ethiopia to greater effect? c. Identifying gaps in spatial planning (for balancing biodiversity and agricultural expansion) in Ethiopia and recommending steps for improving and mainstreaming spatial planning frameworks and tools across government agencies/ministries d. Identifying gaps in inter-agency/ministry consultation on instances of LSLA where interests conflict e.g. between The Ministry of Agriculture and the Ethiopian Wildlife Conservation Authority, and identifying ways in which to improve this consultation for informed decision making and planning Overall, AWF wants to understand what is taking place in Ethiopia regarding LSLA and its environmental and social impacts; the legal and policy frameworks around these LSLA; and how to make these transactions more beneficial for biodiversity and communities. Scope of Work: The consultant will: Develop a work plan for the consultancy Work with AWF staff to gather background information on program implementation in the target region Conduct detailed desktop research Visit the region as needed Collaborate with AWF GIS department for mapping outputs if needed Develop and submit a draft report with research findings, as per the objectives, for review by AWF staff Finalize report based on comments from AWF staff Present the findings in a stakeholders workshop. Expected Outputs and Deliverables: The Consultant will:- i) Produce a report that will include: a. Assessment of the impact of large scale land acquisitions in Ethiopia and implications for biodiversity and communities, and related mapping outputs b. Legal and policy review and findings c. Recommendations on how to make LSLA transactions more beneficial for biodiversity and communities d. Present the findings in a stakeholders workshop. Required Qualifications and Experiences: 4

5 A masters level degree qualification in natural resource management, conservation planning, law, land tenure or a related and relevant field with at least 10 years working experience in the agriculture, land tenure and/ or conservation sectors Considerable consultancy experience in land and conservation research and development in the targeted conservation of similar areas Knowledge and understanding of conservation and its relation to agriculture and land acquisitions Excellent interpersonal skills Excellent communication skills, including report writing skills in English Knowledge of national trends around LSLA; experience with land matters; prior experience in Ethiopia considered a plus Requirements to the Proposal: The proposal, to be submitted in English, shall include: Updated curriculum vitae(s) of the consultant(s) A short description of deliverables (what, how and when) including a time frame. A list of relevant references Budget (this should indicate man-days and fees including VAT) AWF s Responsibility: AWF shall cover the costs of transport during delivery of the assignment, including accommodation and meals for the consultant while in the field for the purpose of the assignment. AWF shall provide access to relevant project materials necessary for purposes of the assignment. All costs should be included in the proposal budget. Interested candidates are requested to send their proposal to African Wildlife Foundation by 23 May 2014 to: Kathleen H. Fitzgerald kfitzgerald@awf.org With copy to: Sarah Chiles schiles@awf.org AWF reserves the right to award contract prior to deadline if a suitable consultant is identified. i Nayar, Anjali. Nature News. African land grabs hinder sustainable development: Sales of forest land to corporations are dispossessing inhabitants and harming ecosystems. 01 February 2012 ii IIED, FAO and IFAD. Land Grab or Development Opportunity iii ILC Land Matrix iv Future Agricultures. Policy Brief. June v The Framework and Guidelines were developed by a tripartite consortium of the African Union Commission, United Nations Economic Commission for Africa, and the African Development Bank. 5