Social and Environmental Dimensions of Large-Scale Land Acquisition of Land

RightsZAMBIA

Davison Gumbo

Scope of Work (1/4)

General background Increasing investments in the acquisition of use or

ownership rights to land in Africa for:• Agriculture commodity production• Forests• Provision of environmental services

Such investments increasingly under scrutiny• Quantification process• Review applicable land policies• Examine models of project financial and economic valuation• Determine social and environmental effects

Scope of Work (2/4)

Process Policy legal and Institutional Assessment

framework (PLIAF) Country studies and the related case studies Criteria for case studies

Investment type Age of investment Predominant livelihood Ecological zone and biodiversity values Degree of community engagement and outreach

Scope of work (3/4)

• Carried out a rapid assessment of key social and environmental issues in Zambia focusing on:– Community and household reliance on natural

resources and main land uses in rural areas, – Known drivers of deforestation and how land

acquisition features among these drivers, – Describe potential direct and indirect environmental

impacts resulting from large scale land acquisition, – Baseline information on relevant environmental

parameters.

Zambia Country Study (1/3)Objective: carry out an empirical review of the actual or likely

social and environmental impacts (direct and indirect) of select cases of large-scale acquisition of land rights in Zambia

Parameters– identify key environmental and social considerations associated

with land acquisitions, – assess the direct and indirect social and environmental impacts of

selected investment projects in the short-, medium- and long-term, and

– Assess how investment was made and extent of compliance with EIA requirements and procedures

– Recommend policy, legal and institutional frameworks to mitigate negative direct and indirect environmental and social effects and enhance and positive effects.

Zambia Country Study: Brief Intro•Location: 80 and 180 S and 220 and 340 E•Total Country Area: 752,612 km2

• Total Popn: 12.2 million•Popn density: 13 persons/km2

•Forests: 300 million ha•Forest reserves: 62,900 ha – 30% encroached•Plantations: 60,000 ha•Extractable hardwoods: 300 million m3 at 1 to 2 trees per ha

Zambia: Agro-ecological Zones

Zambia: Vegetation Types

Zambia Case Study: the PLIAF (2/3)

The PLIAF report Recognition of land rights under customary tenure Records of land transfer inaccurate Extent of some customary areas contested Chiefs not consulting subjects on land transfer Conflicts between investors and local people Forestry reserves are under threat – 30%

encroached

Zambia Case Study (3/3)

• Literature Review• National consultations– Forestry Department– Environmental Council of Zambia– Zambia Land Alliance– Land Husbandry Department– Zambia Development Agency

Outcome: Inception report produced and circulated

Findings to date: National level Land allocations to private investors a BIG Government

project operating through Adhoc Committees in the targeted districts

Existence of good laws on the acquisition of land e.g., land act of 1995

Land acquisition processes not being followed and the associated institutions are weak

Chiefs alienate land without community consent Community reliance on natural resources

Wood-fuel production – charcoal and firewood Land acquisitions will reduce areas accessible to rural

communities for given products Forests are undervalued and visible in policy

Work to date- Case study level

• Case study 1: Nansanga Farming Bloc, Serenje District– Literature– Field Mission to Serenje District• District Administration• District Council• Discussions with key stakeholders • Meetings with local smallholder farmers

• Outcome: Nansanga Farming Bloc Case study Report

Findings to date: Case study level (1/4)

The good–New investments are leading to an improvement

in infrastructure services e.g., dams, roads –New employment opportunities during construction–New marketing opportunities for both

agricultural goods and forest resources–Business opportunities

Findings to date: Case study level (2/4)

• The Bad– Loss of sources of livelihoods e.g., harvesting areas

for non-wood forest products e.g., edible caterpillars– Local level institutions are weak and cannot

engage central government – Chiefs (custodians of land) are abusing power and

allocate land to speculators– Lack of strong civil society organizations that can

play an advocacy role

Findings to date: Case study level (3/4)

– National legislation and procedures for land acquisitions/transfers available are not being adhered to

– Investments in land are not being made with due considerations of the potential impacts on forests and other natural resources

– Rural people are being disenfranchised

Findings to date (4/4)

• Contract negotiations are not transparent and do not involve all relevant stakeholders, particularly the rural population.

• Existing land use rights, including non-formal and traditional rights, of the local population are not being factored into discussions

Indicative Recommendations (1/2)

• Ecological sustainability must be part and parcel of the economic and social sustainability.

• Strengthen local level institutions so they can voice their concerns at local and national level

• Civil society and especially non-governmental organisations should be encouraged to take up the role of exercising voice for the poor.

• Civil society organisations to assist the poor citizen’s access to the policy process.

Indicative Recommendations (2/2)

• Anyone losing land and/or access rights must receive compensation on the basis of the livelihood value of the land lost.

Way Forward

• Carry out two more case studies to complete the picture

• Actual case study sites not decided yet

Thank you