ILC’s Work on Commercial Pressures on Land (CPL) Issue

New challenges and increasing Pressures on customary land rights In Southeast Asia Phnom Penh Cambodia 18-22 October 2009

What is the international land coalition (ILC)
 It is composed of about 80 CSOs, IGOs whose commitment is to the eradication of rural poverty through the promotion of secure and equitable access to land. Its members work with the rural poor to increase their secure access to natural resources, especially land, and allow them to participate directly in the policy and decision making processes that could affect them. established by the 1995 Conference on Hunger and Poverty. Initially known as the Popular Coalition to Eradicate Hunger and Poverty. Became the International Land Coalition in 2003 • Secretariat hosted by IFAD in Rome

CSO members in Asia
       Pakistan (SCOPE) Philippines (PAFID, AR-NOW, TFM, CARRD, ANGOC) Bangladesh (ARBAN, ALRD) India (SARRA, SDF, BJSA, JKS, Ekta Parishad, SDDPA) Cambodia (STAR Kampuchea, CCC) Indonesia (KPA, RMI, JKPP) Nepal (CSRC, MODE, CDS)

How ILC works
 ADVOCACY - Raising the profile of land governance issues  KNOWLEDGE MGMT Advancing a common understanding of land issues  POLICY DIALOGUE - Ensuring space for CSO  CAPACITY BUILDING  PARTNERSHIPS – JOINT ACTION

What are Commercial Pressures on Land
•Commercial pressures, land grab, Agri-colonialism, agri-investments - Words vary according to the positions of those who use them •Taking control of large amounts of land and manifestations of interest in the purchase or long-term rental of land •Large size of acquisitions – over 100,000 has in many cases •Low level of public consultation a lack of transparency •Increasing involvement of GOs in land negotiations

What is driving CPL?
Markets for certain goods and services:
• • • • • • • Agrofuels Staple foods Forest resources (timber/ntfp and environmental services) Tourism Mining and energy resources Urbanization Control of water and its disribution

Some myths about Commercial Pressures on Land
• Abundant unused land is available for agricultural investments Virtually no large scale land allocations can take place without displacing the local populations. ‘100 land deals’ - Although a body of verified data on investment-related land transactions in particular countries is growing, the true extent of the phenomena remains unknown. Transnational investment in land is a new phenomenon Although the current phenomenon has specific characteristics, large-scale transnational investment in land is not new.

Myths about Commercial Pressures on Land
• Agricultural land is the main focus of investment interest The ‘rush for the world’s farmland’ is one component of a wider convergence of investment-related opportunities on land and natural resources that is attracting interest in water, agricultural, forest, mineral-rich and tourism-related lands. Large-scale mechanised agriculture is the most efficient Large scale mechanised agriculture is often not the most efficient form of production, over and above the significant social, political and environmental risks it entails. Investment in land is a sovereign issue, under the sole jurisdiction of host countries Not only host states, but also private investors and their home countries have an obligation to respect human rights in connection with foreign direct investments in land.

Myths about Commercial Pressures on Land
• Foreign investors are the primary ‘land grabbers’
Land acquisitions by domestic investors appear to be a significant contributor to the alienation of land from local land users, while domestic partners are also often integral to ‘foreign investments’

Transnational investment in land is brought about by food price crisis, and will decline with the financial crisis
Long-term predictions of trends in demand for food, fuel, fibre and environmental services indicate that while there might be short-term fluctuations in investor demand for land, commercial pressures on land will continue to increase over the long-term.

Land is the main resource of investor interest
Allocations of land for investment ,may legitimise extraction of other renewable and non-renewable natural resources whose significant value may not be taken into account in investment agreements.

Investors are involved in ‘land grabbing’ ‘Land grabbing’ is misleading in characterising the wide variety of ways in which investors are acquiring land, many of which do not explicitly violate policies and laws.

Illegal Grabs (Sudan)
Legal allocation of ‘state land’ ignoring customary rights (Ethiopia, Niger, Madagascar)

Legal transfer of customary land by elite (Cambodia, Pakistan)

Illegal removals through intimidation (Colombia, Uruguay) Concentration of private lands (Peru, Colombia, Argentina, Ukraine) Privately-held land

Legal allocation of customary rights (Tanzania, Mozambique)

Legal expropriation or forced leasing of land (Philippines, India, Indonesia)

Customarily-held land

On going researches on CPL supported by ILC in Asia
 An impact analysis of Special Economic Zones (SEZ) with specific reference to Polepally SEZ, Andhra Pradesh, India focus of the study: Look at the impact of the SEZ’s. The SEZ Act of 2005 aims generate additional economic activity and promotion of investment from domestic and foreign sources. Over 1240 acres of land has been acquired from 350 families in Polepally, a majority of who belong to Dalit Bahujan communities. The Dalits and farmers were paid a the sum of Rs 18,000 – Rs50,000 per acre.  Expansion of oil palm plantations and its impact on the local people of Kalimantan, Indonesia focus of the study: Look at the impact of large scale palm oil plantations in Kalimantan on the Dayaks and other indigenous peoplesTo describe the struggles of the indigenous peoples in Kalimantan currently respond to the Kalimantan Border Oil Palm Mega-Project and other oil palm plantation projects affecting indigenous peoples in Kalimantan

On going researches on CPL supported by ILC in Asia
 Documenting case study on Corporate Farming in Pakistan
focus of the study: To understand the dynamics of corporate agriculture farming (CAF) and commercial pressure on land (CPL) in Pakistan. It will also determine the impact of CF on the lives of landless farmers and inform stakeholders about the consequences of CAF and CPL. It also aims to initiate dialogue process among the civil society in the country.  COMMERCIAL PRESSURE ON AGRICULTURE LAND IN KATHMANDU VALLEY OF NEPAL focus of the study: to document and analyse the current trends in commercial pressures on land, as well as their existing and anticipated impacts on environment, societies and development objectives in urban area in general and particularly in Kathmandu valley of Nepal. It will also examine and question the 'opportunities' that commercial pressures on land could possibly offer to poor land-users.

On going researches on CPL supported by ILC in Asia
 Research on “global land grabbing” in the Philippines: Mapping of actual and potential areas affected and assessment of its impact at the national and community levels for the formulation of corrective policy proposals and a draft bill. Focus of the study: Documentation of existing applications, contracts, memorandum of agreements, and other agreements of foreign agribusiness investors with the Philippine government or local private landowners that would allow the leasing of large tracts of agricultural lands for the production of agri-fuels and food crops for export to the said investors’ countries of origin. Will determine the actual and potential areas to be affected by said ventures. One to two sites shall then be chosen for monitoring and evaluation of the impact of said ventures at the community level. An analysis of the potential impact of the said ventures on the national economy and food security shall also be undertaken.

Similar ILC studies in Africa being conducted in:
     Benin Rwanda Ethiopia Burkina Faso Nigeria

ILC will publish a global report in early 2010. Findings will be presented at a Farmers Forum sponsored by IFAD in February 2010.

Way forward: What to do?
 FAO’s Voluntary Guidance on responsible governance of tenure of land and other natural resources A binding International code of conduct? Full consultation with affected communities and the public Dissemination of best practices Use of other strategies other than purchase of land (for example. Contract farming, improved food market information systems).

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International code of conduct: considerations
Possible role of civil society

Widespread acknowledgement that civil society involvement - especially producer organisations is crucial Ensuring focus on neglected areas (eg women land access and human rights To what extent would formulation of an international framework be ‘expert led’ or participatory? Watchdog role

International code of conduct: considerations
Possible role of IGOs
• • • Setting standards and norms Catalyzing process Providing support to host governments for good decision-making

International code of conduct: considerations
Enforceability:

Will it attract adequate adherence and support of all key stakeholders, including investors, home and host governments and civil society?