1. Timothy Wesonga Senior Livestock and Fisheries officer Agriculture and Food Security Department EAC Secretariat Kigali, Rwanda, 26 th April, 2013 MAKING AGRICULTURAL INVESTIMENTS WORK: CURRENT REGIONAL PREPARATIONS AND WAY FORWARD – SUGGESTIONS FOR EALA RESPONSE TO THE LAND RUSH

2. Introduction To East Africans, Land does not only have an economic value, but also a social and cultural heritage To East Africans, Land does not only have an economic value, but also a social and cultural heritage Land is therefore a sensitive and emotive issue and need to be managed in a way acceptable by and in the benefit of the Community. Land is therefore a sensitive and emotive issue and need to be managed in a way acceptable by and in the benefit of the Community. The Partner States are at different stages in preparation of their land Policies. Kenya, Tanzania and Rwanda have already their National land Policy. Burundi and Uganda have their land Act. The Partner States are at different stages in preparation of their land Policies. Kenya, Tanzania and Rwanda have already their National land Policy. Burundi and Uganda have their land Act.

3. FDI and Land in Africa Concerns – Social, economic, environmental and cultural too Impact on livelihoods Impact on livelihoods Food Security Food Security Access to land- Landlessness Access to land- Landlessness * Contracts in Secrecy FDI- Merits Create Employment Create Employment Generate capital flows Generate capital flows Facilitate Technology Facilitate TechnologyWorry Do we as a region have frameworks/ instruments to guide Agriculture Investments work for us ? What is the status quo? How do we proceed Do we as a region have frameworks/ instruments to guide Agriculture Investments work for us ? What is the status quo? How do we proceed?

4. EAC Policy and Legal Instruments on Land There is no regional specific framework for land management as such. Land management issues are addressed within the Framework of policies, programmes, projects plans and activities. In this regard, EAC has developed the following policies: The Treaty establishing the East African Community The Treaty establishing the East African Community The EAC Common Market Protocol The EAC Common Market Protocol Protocol on Environment and Natural Resources Management Protocol on Environment and Natural Resources Management EAC Agriculture and Rural Development Policy and Strategy EAC Agriculture and Rural Development Policy and Strategy EAC Food Security Action plan EAC Food Security Action plan EAC Climate Change Policy EAC Climate Change Policy The Protocol on Sustainable Development of the Lake Victoria Basin The Protocol on Sustainable Development of the Lake Victoria Basin The Transboundary Ecosystem Management The Transboundary Ecosystem Management Draft EAC Livestock Policy Draft EAC Livestock Policy

5. Reviewing of the regional instruments reveals The Treaty is rather silent on matters land except sustainable land use The Treaty is rather silent on matters land except sustainable land use Land issues are handled by national laws in accordance to the EAC Common Market Protocol Land issues are handled by national laws in accordance to the EAC Common Market Protocol The EAC Agriculture and Rural development Policy and Strategy and the EAC Environment and Natural resources management address land issues in a more specific manner. They highlight the following key areas on land use and management that are of concern ; The EAC Agriculture and Rural development Policy and Strategy and the EAC Environment and Natural resources management address land issues in a more specific manner. They highlight the following key areas on land use and management that are of concern ; i. Harmonize policies, legislation and modalities for land leasing ii. Promote the use of environmentally safe methods of land use iii. Develop capacity for land surveying, mapping and land administration iv. Develop appropriate legal systems for private sector investments

6. Cont. There is need for: Implementation of the EAC Agriculture and Rural Development Policy and Strategy Implementation of the EAC Agriculture and Rural Development Policy and Strategy the Ratification of the Protocol on Environment and Natural resources Management by all Parties to enable its implementation especially with regards to art. 21 on soil and land use management the Ratification of the Protocol on Environment and Natural resources Management by all Parties to enable its implementation especially with regards to art. 21 on soil and land use management Support implementation of the EAC Food Security Action plan Support implementation of the EAC Food Security Action plan

7. Institutional Framework The EAC instruments in place that could address land issues: Steps already taken in this regards includes: The establishment of the Sectoral Council on Environment and Natural Resources The establishment of the Sectoral Council on Environment and Natural Resources The establishment of Experts working groups under the Committee on ENR; The Terrestrial Ecosystem Working - Group(AEWG) The establishment of Experts working groups under the Committee on ENR; The Terrestrial Ecosystem Working - Group(AEWG) The establishment of the East African Legislative Assembly The establishment of the East African Legislative Assembly The establishment of the East African Court of Justice The establishment of the East African Court of Justice The Establishment of the Lake Victoria Basin Commission The Establishment of the Lake Victoria Basin Commission

8. Improving access to production factors(Land) and ensuring sustainable utilization of land resources. Harmonize policies, legislation and modalities for land leasing i. Harmonize policies, legislation and modalities for land leasing Harmonization of Regional Instruments on land Need for an open and transparent FDI policy. Need for an open and transparent FDI policy. Support mechanisms for investors should be put in place for one stop shops. Support mechanisms for investors should be put in place for one stop shops. A Non-restrictive regulatory framework on basis of a fair, equitable and non-discriminatory treatment should be considered A Non-restrictive regulatory framework on basis of a fair, equitable and non-discriminatory treatment should be considered Social –economic impact assessment be mandatory for projects Social –economic impact assessment be mandatory for projects

9. Cont. ii. Promote the use of environmentally safe methods of land use Develop and adapt common measures and strategies to prevent soil and land degradation and ensure sustainable management Adopt measures for conservation and enhancement of soil quality to prevent erosion and deterioration Adopt measures for conservation and enhancement of soil quality to prevent erosion and deterioration Develop land use plans Develop land use plans Implement agricultural practices promoting s,k ustainable farming and agroforestry Implement agricultural practices promoting s,k ustainable farming and agroforestry Control loss of soil caused by poor and inappropriate land use Control loss of soil caused by poor and inappropriate land use Restore degraded ecosystems i.e rangelands Restore degraded ecosystems i.e rangelands ensure that appropriate land use that don’t lead degradation are in place ensure that appropriate land use that don’t lead degradation are in place Prevention of Soil erosion/ degradation/ pollution/ Prevention of Soil erosion/ degradation/ pollution/ Building capacity, research and development in land capability soil suitability. Building capacity, research and development in land capability soil suitability.

10. Actions required-Continued. iii. Develop capacity for land surveying, mapping and land administration Develop capacity and use appropriate ICT data base system like GIS system Develop capacity and use appropriate ICT data base system like GIS system Map and develop a Land administration data base Map and develop a Land administration data base Involve the local in land administration issues Involve the local in land administration issues iv. Develop appropriate legal systems for private sector investments Land investment should respect the principles of Prior Informed Consent, Access and benefit Sharing and access to and ownership of land should be clearly harmonised. Land investment should respect the principles of Prior Informed Consent, Access and benefit Sharing and access to and ownership of land should be clearly harmonised. Land investment should refer to an acceptable system by the people of East Africa including traditional systems of land renting Land investment should refer to an acceptable system by the people of East Africa including traditional systems of land renting Land investment should be a kind of Technology transfer from Investors to the Population where by Poor people learn to produce more instead of assisting to the grabbing of their land. Land investment should be a kind of Technology transfer from Investors to the Population where by Poor people learn to produce more instead of assisting to the grabbing of their land. Land Governance structure should be reviewed and harmonised to avoid corruption. Land Governance structure should be reviewed and harmonised to avoid corruption. Social –economic impact of private sector investments should a key requirement Social –economic impact of private sector investments should a key requirement *Mechanisms to Implement AU Africa Land policy The EAC to Set up mechanisms to implement the Africa land policy and Road Map

11. Way forward :to making Agriculture Investment work for Africa: My take for the way forward for a parliamentary response to the land rush) Develop a regional framework to guide land contracts in the EAC. The development should be done through establishment of a committee on land that includes key stakeholders to develop framework. The commitee will develop a road map for development of the framework that will be based on AU Africa land policy Initiative and Road Map. In the short run develop a minimum requirements for lease contracts for FDI Advocate for domestication and implementation of the AU declaration on Land in the region and the Nairobi Action plan Government should put in place policies, regulations and institutions to manage FDI and ensure that it delivers on national aspirations (genuine job creation. Food security, improved trade, sustainable development..) Need thorough analysis of the efficacy of the proposed investments – Environmental, Social & Economic Impact Assessments (ESEIA) Develop a regional Investment strategy to avoid competition & attainment of regional aspirations

12. Short to Middle terms actions Raise awareness on concerns regarding land lease contracts Raise awareness on concerns regarding land lease contracts Advocate for establishment a high level advisory Regional land Management Committee at EAC Advocate for establishment a high level advisory Regional land Management Committee at EAC Set minimum conditions for land lease contracts Set minimum conditions for land lease contracts Allow access to and review of current land policy deals/contracts- Transparency Allow access to and review of current land policy deals/contracts- Transparency Advocate for review of Policies land laws and land information systems Advocate for review of Policies land laws and land information systems Promote food Security through support to implementation of EAC Food Security action Promote food Security through support to implementation of EAC Food Security action Call for a regional high level conference on land and FDI targeting key policy makers amongst other key stakeholders to sensitise leaders on FDI in Agriculture. Call for a regional high level conference on land and FDI targeting key policy makers amongst other key stakeholders to sensitise leaders on FDI in Agriculture. Build Capacity in negotiations and monitoring Build Capacity in negotiations and monitoring Advocate implementation of CAADP in the EAC Advocate implementation of CAADP in the EAC

13. Long Terms Development of regional policy and legal frameworks on FDIs; Development of regional policy and legal frameworks on FDIs; Review of the investment policies Review of the investment policies Strengthening of the national land and environmental policies and laws; Strengthening of the national land and environmental policies and laws; Build capacity to collect and manage land data at national and regional e.g use of GIS Build capacity to collect and manage land data at national and regional e.g use of GIS Development of a Regional Investment Strategy Development of a Regional Investment Strategy Sensitization of key leaders on FDI impacts Sensitization of key leaders on FDI impacts Implementation of the EAC Food Security Action Plan Implementation of the EAC Food Security Action Plan Implementation of the CAADP Implementation of the CAADP Maintain a critical mass of skilled negotiators Maintain a critical mass of skilled negotiators

14. One critical way forward: Pastoralists Recommend that a regional conference be held focusing on Pastoralism and Drylands development to comprehensively address pastoralism concerns within the AU Framework on Pastoralism in the EAC region in order to; Discuss the future of Pastoralism in EAC Discuss the future of Pastoralism in EAC Discuss how to enhance value chains for products from pastoralism---job creation; alternative livelihoods Discuss how to enhance value chains for products from pastoralism---job creation; alternative livelihoods

15. GIS Technology ?

16. Thank you