While acknowledging the progress made in terms of investment guidelines and land policy reforms at national and global levels over the last 10 years, the Land Matrix Initiative reveals staggeringly low compliance with these in Africa – an indication of the lack of change in investment and land governance practice.
These results are all the more alarming since governments and private funders of the countries from which numerous of these investors originate just pledged USD 1.7 billion at the COP26 in Glasgow, in support of indigenous peoples’ and local communities’ role in preventing deforestation that fuels climate change.
These global pledges and policy changes are meaningless if they do not lead to effective (sustainable and inclusive) transformation on the ground.
Assessing the implementation of the Voluntary Guidelines on the Responsible Governance of Tenure (VGGTs1) in the context of large-scale land acquisitions (LSLAs) in Africa, the report shows that:
A main area of concern is weak or non-existent consultative processes, against the backdrop of low respect for national land and investment legislation. This not only leads to lack of implementation of safeguards (including environmental), unlawful expropriation, and minimal application of agreed-upon compensation measures; it also reflects little regard for legitimate tenure rights, including tenure of local communities and indigenous peoples, and of human rights on the whole.
Moreover, despite a decade of data collecting efforts worldwide, the study pinpoints the persistent dire state of transparency surrounding these investments and investors. Indeed, most countries and deals on the continent only meet between 5% and 20% of the data points needed to assess the status of land and human rights and environmental issues.
The European Commission’s adoption of the long-awaited proposal for a directive on Sustainable Corporate Due Diligence (SCDD), aimed at addressing human rights and environmental abuses in global value chains, holds promise. However, while the text represents a historic opportunity to enhance protection of workers, affected communities, and the planet; as the draft stands, it might fall short of expectations. The compliance-based mechanism, relying on company codes of conducts and contract clauses between companies and suppliers, risks weakening the directive when applied in total darkness.
The study therefore recommends fast-tracking land reform and imposing more stringent and binding corporate and investor country accountability, both supported by increased transparency and monitoring.
The Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests in the Context of National Food Security (VGGTs) were produced by the Food and Agriculture Organisation (FAO) and endorsed by the Committee on World Food Security in 2012. The purpose of the guidelines is “to serve as a reference and to provide guidance to improve the governance of tenure of land, fisheries and forests with the overarching goal of achieving food security for all and to support the progressive realisation of the right to adequate food in the context of national food security.”