Land grabbing is the large-scale acquisition of land through buying or leasing of large pieces of land by domestic and transnational companies, governments, and individuals.
While used broadly throughout history, land grabbing as used in the 21st century primarily refers to large-scale land acquisitions following the 2007–08 world food price crisis. Obtaining water resources is usually critical to the land acquisitions, so it has also led to an associated trend of water grabbing.Maria Cristina Rullia, Antonio Savioria, and Paolo D’Odorico, Global Land and Water Grabbing, Proceedings of the National Academy of Sciences 110, no. 3 (2013): 892–97. This phenomenon has raised concerns about food security in the developed world and newfound economic opportunities for agricultural investors. As a result, there was a dramatic spike in large-scale agricultural investments, primarily foreign, in the Global South for the purpose of industrial food production and production.
Although hailed by investors, economists and some developing countries as a new pathway towards agricultural development, investment in land in the 21st century has been criticized by some non-governmental organizations and commentators as having a negative impact on local communities. International law is implicated when attempting to regulate these transactions.Lea Brilmayer and William J. Moon, Regulating Land Grabs: Third Party States, Social Activism, and International Law, book chapter in Rethinking Food Systems, February 2014
In Portuguese, Land Grabbing is translated as " grilagem":
The term grilagem applies to irregular procedures and illegal private landholding with violence in the countryside, exploitation of wealth, environmental damage and the threat to sovereignty, given their gigantic proportions.
Most seem to arrive at a ballpark of 20–60 million hectares. Given that total global farmland takes up just over 4 billion hectares,Byerlee, Derek and Deininger, Klaus (2011), Rising Global Interest in Farmland, The World Bank these acquisitions could equate to around 1 per cent of global farmland. However, in practice, land acquired may not have previously been used as farmland, it may be covered by forests, which also equate to about 4 billion hectares worldwide, so transnational land acquisitions may have a significant role in ongoing deforestation.
The researchers thought that a sizeable number of deals remain questionable in terms of size and whether they have been finalised and implemented. The land database often relies on one or two media sources and may not track whether the investments take place, or whether the full quantity reported takes place. For example, a number of deals in the GRAIN database appear to have stalled, including:
The researchers claim these are only those that have been checked, and already amount to nearly 10 per cent of the GRAIN database transnational land acquisitions. Deals are reported that use the estimate of the full extent of land that the firm expects to use. For example,
They found a number of reports in land databases are not acquisitions, but are long-term leases, where a fee is paid or a certain proportion of the produce goes to domestic markets. For example:
The estimated value has been calculated for IFPRI’s 2009 data to be 15 to 20 million hectares of farmland in developing countries, worth about $20 billion-$30 billion.
Researchers discovered global investment funds are reported to have sizeable funds available for transnational land investments.
There is significant uncertainty around the value of transnational land acquisitions, particularly given leasing arrangements. Given the quantity of land and the size of investment funds operating in the area, it is likely that the value will be in the tens of billions of dollars.
They determined that the Land Portal also reports investments made by investors within their home country and after stripping these out found only 26 million hectares of transnational land acquisitions which strips out a lot of the Asian investments. The largest destination countries include
They found the reason seems to be biofuels expansion with exceptions in Sudan and Ethiopia, which sees a trend towards growth of food from and investors. Represented in the media as the norm they seem to be more the exception.
The smaller trend is the picture of Middle Eastern investors or State-backed Chinese investments. While the UAE has done some significant deals by size, some driven by food deals, with Saudi Arabia a smaller number, this is not the dominant trend. While this aspect of land trade has gathered much media attention, it is not by any means a comprehensive story.
Of these deals, the median size is , with one-quarter over 200,000 ha and one-quarter under 10,000 ha. 37% of projects deal with food crops, 21% with cash crops, and 21% with biofuels. This points to the vast diversity of investors and projects involved with land acquisitions: the land sizes, crop types, and investors involved vary wildly between agreements. Of these projects, 30% were still in an exploratory stage, with 70% approved but in varying stages of development. 18% had not started yet, 30% were in initial development stages, and 21% had started farming. The strikingly low proportion of projects that had initiated farming signifies the difficulties inherent in large-scale agricultural production in the developing world.
Investment in land often takes the form of long-term , as opposed to outright purchases, of land. These leases often range between 25 and 99 years. Such leases are usually undertaken between national or district governments and investors. Because the majority of land in Africa is categorized as “non-private" as a result of government policies on public land ownership and a lack of active titling, governments own or control most of the land that is available for purchase or lease. Purchases are much less common than leases due to a number of countries’ constitutional bans on outright sales of land to foreigners.
The methods surrounding the negotiation, approval, and follow-up of contracts between investors and governments have attracted significant criticism for their opacity and complexity. The negotiation and approval processes have been closed in most cases, with little public disclosure both during and after the finalization of a deal. The approval process, in particular, can be cumbersome: It varies from approval by a simple district-level office to approval by multiple national-level government offices and is very subjective and discretionary. In Ethiopia, companies must first obtain an investment license from the central government, identify appropriate land on the district level and negotiate with local leaders, then develop a contract with the regional investment office. Afterwards, the government will undertake a project feasibility study and capital verification process, and finally a lease agreement will be signed and land will be transferred to the investor. In Tanzania, even though the Tanzania Investment Centre facilitates investments, an investor must obtain approval from the TIC, the Ministry of Agriculture, the Ministry of Lands and Housing Development, and the Ministry of Environment, among which communication is oftentimes intermittent.
The issue of agricultural development is a significant driving factor, within the larger umbrella of development, in target governments' agreement to investment by outsiders. The government's acceptance of cash crop-based land acquisitions reflects its belief that switching to cash crop production would be even more beneficial for food security than having local food farmers produce crops by themselves. Implicit in the characterization of African agriculture as "underdeveloped" is the rejection of local communities' traditional methods of harvesting as an inadequate form of food production.
On a smaller scale, some deals can be traced to a personal stake in the project or possibly due to corruption or rent-seeking. Given the ad hoc, decentralized, and unorganized approval processes across countries for such transactions, the potential for lapses in good governance and openings for corruption are extremely high. In many countries, the World Bank has noted that investors are often better off learning how to navigate the bureaucracies and potentially pay off corrupt officers of governments rather than developing viable, sustainable business plans.
In Argentina, as of September 2011, a projected law is discussed in parliament that would restrict the size of land foreign entities can acquire to 1000 hectare.
Agricultural sector companies most often view investment in land as an opportunity to leverage their significant monetary resources and market access to take advantage of underused land, diversify their holdings, and vertically integrate their production systems. The World Bank identifies three areas in which multinational companies can leverage economies of scale: access to cheap international rather than domestic capital market, risk-reducing diversification of holdings, and greater ability to address infrastructure roadblocks. In the past few decades, multinationals have shied away from direct involvement in relatively unprofitable primary production, instead focusing on inputs and food processing and distribution. When the food price crisis hit, risk was transferred from primary production to the price-sensitive processing and distribution fields, and returns became concentrated in primary production. This has incentivized agribusinesses to vertically integrate to reduce supplier risk that has been heightened by the ongoing food price volatility. These companies hold mixed attitudes towards food imports and exports: While some concentrate on food exports, others focus on domestic markets first.
While company-originated investments have originated from a wide range of countries, government-backed investments have originated primarily from the food-insecure Gulf States. Examples of such government-backed investments include the government of Qatar’s attempt to secure land in the Tana River Delta and the Saudi Arabia government's King Abdullah Initiative. Additionally, sovereign wealth funds acting as the investments arms of governments have initiated a number of agreements in Sub-Saharan Africa. Since the population of the Gulf states is set to double from 30 million in 2000 to 60 million in 2030, their reliance on food imports is set to increase from the current level of 60% of consumption. The director general of the Arab Organisation for Agricultural Development echoed the sentiment of many Gulf leaders in proclaiming, "the whole Arab World needs of cereal, sugar, fodder and other essential foodstuffs could be met by Sudan alone."
The effect of the rise in popularity in biofuels was two-fold: first, demand for land for biofuel production became a primary driver of land sales in Sub-Saharan Africa; second, demand for biofuels production crowded out supply of traditional food crops worldwide. By crowding out food crops and forcing conversion of existing food-producing land to biofuels, biofuels production had a direct impact on the food supply/demand balance and consequently the food price crisis. One researcher from the IFPRI estimated that biofuels had accounted for 30 percent of the increase in weighted average grain prices.
Consultations have been found extremely problematic due to the fact that they often reach just village chiefs but neglect common villagers and disenfranchised groups. World Bank researchers noted that "a key finding from case studies is that communities were rarely aware of their land rights and, even in cases where they were, lacked the ability to interact with investors or to explore ways to use their land more productively." When consultations were even conducted, they often did not produce written agreements and were found to be superficial, glossing over environmental and social issues. In Ghana and elsewhere, chiefs often negotiated directly with investors without the input from other villagers, taking it upon themselves to sell common land or village land on their own. Moreover, investors often had obtained approval for their projects before beginning consultations, and lacked any contractual obligation to carry out promises made to villagers.
There is a knowledge gap between investors and local populations regarding the land acquisition process, the legal enforceability of promises made by investors, and other issues. The inability of villagers to see and study the laws and regulations around land sales severely deteriorates communities' agency in consultations. When consultations do occur with communities, some take place in spans of only two to three months, casting doubt on whether such short time frames can be considered as adequate consultation for such large, wide-reaching, and impactful events.
An additional concern with consultations is that women and underrepresented populations are often left outside during the process. Large-scale projects in Mozambique rarely included women in consultations and never presented official reports and documents for authorization by women. This holds true when women are the primary workers on the land that is to be leased out to companies. Meanwhile, pastoralists and internally displaced people were oftentimes intentionally excluded from negotiations, as investors tried to delegitimize their claims on land. This led to a lack of awareness on the part of these vulnerable groups until lease agreements have already been signed to transfer land. This oversight in consultations further disenfranchises previously overlooked communities and worsens power inequities in local villages.
There are a number of issues with the process of relocating locals to other areas where land is less soil fertility. In the process of relocation, often changed or lost are historical methods of farming, existing social ties, sources of income, and livelihoods. This holds drastic impacts especially in the case of women, who rely greatly upon such informal relationships.
A specific instance of how land grabbing has displaced people is what happened to the Garifuna people of the Caribbean. Author K.V. Brondo has published a book on the relation between land grab and the Garifuna resistance. A specific excerpt from the book Land Grab starts by mentioning how indigenous rights are so important to the Garifuna and their dispute over territory. One of the main points Brondo makes in this excerpt is the relationship between being indigenous and the right to territory. Traditionally, indigenous peoples are usually those who have been on the land since the beginning, before colonization. Brondo, quoting an article written by José Martínez Cobo, states that indigenous peoples are those who have been on territories before the invasion and are considered different from other societies that have existed there. This was then taken up by numerous international organizations looking to advocate rights for indigenous peoples. They concluded that indigenous people need the land they came from and use of the resources found there in order to survive. The United Nations then drafted a declaration of rights for indigenous peoples, and many organizations for the rights of indigenous peoples were subsequently formed. In addition, it was declared that the taking away of one's territory and control of resources was considered to be cultural ethnocide and a violation of human rights. Cultural ethnocide was likened to genocide, as wiping out the culture of an area is the same as killing people of a certain type. A turning point in the way of thinking of the indigenous was the revision of ILO 107, which was considered quite racist, according to Brondo. In 1989, it was made into ILO 169, which acknowledged the fact that indigenous societies were permanent parts of society and deserved to have the same rights as every other part of society. By 2007, the United Nations had evolved to create universal standards for indigenous people and they decided to leave the term indigenous up for interpretation. There was no longer a concrete definition for what is an indigenous group, and it could be any group with ties to pre-colonial land.
One addition to many contracts between governments and investors is a Stabilisation Clause, which insulates investors from the effect of changed governmental regulations. Such clauses severely restrict the government's ability to change any regulations that would have a negative economic impact on the investment. While advantageous for businesses, these stabilization clauses would severely hinder the ability of governments to address possible social and/or environmental concerns that become apparent after the beginning of the project.
Foreign investors, through large-scale agriculture, increase the effectiveness of underused resources of land, labor, and water, while further providing additional market connections, large-scale infrastructure development, and provision of seeds, fertilizers, and technology. Proposed increases in production quantity, as touted by investors and hosts, are exemplified by Ethiopia's Abera Deressa, who claims that "foreign investors should help boost agricultural output by as much as 40%" throughout Ethiopia. However, large-scale mechanized agricultural production often entails the use of fertilizers and intensive farming techniques that have been criticized by numerous civil society actors as extremely ecologically detrimental and environmentally harmful over the long run. Over time, such intensive farming threatens to degrade the quality of topsoil and damage local waterways and ecosystems. As such, civil society actors have widely accused land investors for promoting "not agricultural development, much less rural development, but simply agribusiness development." This trend towards large-scale agriculture that overrides local knowledge and sustainable local farming runs directly counter to the recent IAASTD report, backed by the FAO, UNDP, World Bank, and others, that to increase food security over the long term, sustainable peasant agriculture must be encouraged and supported.
It is argued that land grabbing has a geomorphological impact as well. Farmland in general generates a global average sediment flux of c. 75 Gt/y. For comparison, the world's rivers, for example, produce c. 54 Gt/y. Proportionally, by area, agriculture-related land grabbing could account for c. 0.6 Gt/y.
The researcher looked at a literature review by Global Witness, the Oakland Institute, and the International Land Coalition from 2012 which states that there is little sustained focus on the extraterritorial obligations of states over overseas business enterprises.Global Witness, Oakland Institute, International Land Coalition, 2012, Dealing with Disclosure: Improving Transparency in Decision-Making over Large Scale Land Acquisitions, Allocations and Investments
The researcher found most available literature and policy on transparency in land investment focused on:
This focus was confirmed by a range of other documents reviewing address international efforts to promote responsible investment in agriculture and recommended the International Working Group paperInternational Working Group on the Food Security Pillar of the G20 Multi-Year Action Plan on Development (2011) 'Options for Promoting Responsible Investment in Agriculture', Report to the High-Level Development Working Group http://archive.unctad.org/sections/dite_dir/docs//diae_dir_2011-06_G20_en.pdf and Smaller and Mann. A report by the International Institute for Sustainable Development stated a significant lack of concrete and verifiable empirically based policy and legal work on the issue of foreign investment in agricultural land.
Smaller and Mann note that in many host states like the UK 'there is either no, or insufficient or unclear domestic law concerning land rights, water rights, pollution controls for intensive agriculture, human health, worker protection and so on'.
International law framework provides hard rights for foreign investors with two primary sources of international law relating to this issue: international contracts, which are commercial in nature; and international treaty law on investment, with both bodies acting on a commercial perspective and focusing on economic interests of foreign investors, rather than social or environmental dimensions.
He discussed the UN's Guiding Principles for Business and Human Rights which address the extraterritorial obligations of states over overseas business enterprises and finds the principles do not provide any detailed discussion of the UK case, or of timeframes and costs.
He found the report stresses that 'further analysis is needed to identify the benefits and opportunities of each entry point, as well as potential limitations, challenges, and risks around future campaigns which would need to be addressed from the start' and notes that as of early 2013 there is a gap between the extent to which individual states fulfill their obligations to regulate businesses overseas, and 'the extent to which such regulations cover transparency and information disclosure'.
The researcher found that the UN's Guiding Principles for Business and Human Rights, written by the former UN Special Representative to the Secretary General for Business and Human Rights, John Ruggie provide some discussion of how business enterprises need to undertake human rights due diligence suggesting that states 'should set out clearly the expectation that all business enterprises domiciled in their territory and/or jurisdiction respect human rights throughout their operations' and notes that 'at present States are not generally required under international human rights law to regulate the extraterritorial activities of businesses domiciled in their territory and/or jurisdiction'.
He claims that they are not generally prohibited from doing so either, provided there is a 'recognised jurisdictional basis' and says the report notes that some states have introduced domestic measures with extraterritorial implications. 'Examples include requirements on "parent" companies to report on the global operations of the entire enterprise; multilateral soft-law instruments such as the Guidelines for Multinational Enterprises of the Organisation for Economic Cooperation and Development; and performance standards required by institutions that support overseas investments.'
The researcher found other approaches amount to 'direct extraterritorial legislation and enforcement including criminal regimes that allow for prosecutions based on the nationality of the perpetrator no matter where the offence occurs'.
He read that the UN's Guiding Principles propose that 'contracts should always be publicly disclosed when the public interest is impacted; namely cases where the project presents either large-scale or significant social, economic, or environmental risks or opportunities, or involves the depletion of renewable or non-renewable natural resources'.http://www.globalwitness.org/sites/default/files/library/Dealing_with_disclosure_1.pdf
He found Global Witness et al. state that governments and businesses often claim that confidentiality is necessarily to protect commercially sensitive information contained in investment contracts.
He found several thematic binding agreements also examined in the report: the 1992 Convention on Biological Diversity and the 1994 Convention to Combat Desertification.
The UK encourages companies to abide by OECD guidelines for multinational enterprises which provide voluntary principles and standards for responsible business conduct for multinational corporations operating in or from countries adhering to the OECD Declaration on International Investment and Multinational Enterprises, including detailed guidance concerning information disclosure. However they do not, provide any specific recommendations on land.
The researcher's examination of the Global Witness et al. report also finds that 'a number of instruments offer companies the opportunity to associate themselves with a set of principles or goals that demonstrate corporate social responsibility' but most of these are largely 'declarative'.
Overall, he summaries that the report notes that although these various instruments 'recognise secrecy and lack of access to information to be a problem, they give almost no detail as to how it should be tackled in practice, nor do any mandatory provisions yet exist to ensure such an implicit aspiration is met'.
The European project EJOLT (Environmental Justice Organisations, Liabilities and Trade) is building a global map of land grabbing, with the aim to make an interactive online map on this and many other environmental justice issue by 2013. The project also produces in-depth resources on land grabbing, such as a video on land grabbing in Ethiopia.
In Sudan, numerous large-scale land acquisitions have occurred despite the country's unresolved political and security situation. One of the most prominent involves a former GRAPE partner named Phil Heilberg, who garnered attention by playing in Rolling Stone. Heilberg, who is planning to invest in 800,000 ha of land in partnership with many of Sudan's top civilian officials, attracted criticism with his remarks (regarding Africa and land grabbing) that "the whole place is like one big sewer — and I'm like a plumber."
In Myanmar, a 2018 amendment to the 2012 Vacant, Fallow, and Virgin Lands Management Law has affected millions of rural peoples, requiring registration of land and private land ownership. Failure to register land can result in criminal punishments for remaining on that land. The new amendment heavily affects ethnic areas and internally displaced peoples. Unregistered land has been claimed by or sold to private agribusiness ventures.
Land value
Land destinations
Land origins
Both the Land Portal and the GRAIN database show that the UK and the US are major players in transnational land acquisitions. This is agribusiness firms, as well as investment funds, investing mostly in sugar cane, jatropha or palm oil. This trend has clearly been driven by the biofuels targets in the European Union and US, and greater vertical integration in agribusiness in general.
Other deals
Target countries
Responses
Types of land investment
Food
Biofuels
Criticism
Land insecurity
Local consultation and compensation
Displacement
Employment
Government negotiations
Environmental impact
Intertwined Human and Environmental Dimension
Neocolonialism
Laws and regulations concerning reporting of foreign investment in land
Extraterritorial obligations of states over overseas businesses
Other relevant international principles, guidelines and instruments
Information issues
Notable cases
List of land grabbings of EU countries
See also
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