1. LARGE-SCALE LAND ACQUISITIONS AND DEVELOPMENT INDUCED DISPLACEMENTS IN ZAMBIA : LESSONS FROM CIVIL SOCIETY Dimuna Phiri, Zambia Land Alliance World Bank Conference, Washington DC, March 2015 1

2. ACKNOWLEDGEMENTS  Co- Authors : Jessica Chu and Kathleen Yung  USAID Tenure and Global Climate Change Project  Institute for Poverty Land and Agrarian Studies (PLAAS) and the Zambia Governance Foundation. 2

3. OUTLINE  Background  Research Questions  Zambia’s Land Administration  The Scope of ‘’Land Grabs’ in Zambia Today  Case Studies  Processes of Displacements - Comparison of Resettlement and Compensation Packages  Key Findings  Recent Efforts  Lessons Learnt and Recommendations 3

4. BACKGROUND Zambia Land Alliance (ZLA) is a network of non- governmental organizations that works towards just land policies, laws and administrative systems that take into account the interests of the poor. ZLA is witness to cases on a regular basis in which people’s land rights have been infringed upon. 2013 – Present: ‘Evidence-Based Policy Advocacy on Large-Scale Land Acquisitions’ project, examines four case studies throughout Zambia. 4

5. RESEARCH QUESTIONS What are the processes involved in the allocation of large-scale land investments and what scope has there been for consultation and participation by different stakeholders? What are the short and long-term socio- economic impacts of large-scale land investments to local communities, and in what ways can participation and consultation serve to mitigate negative impacts? 5

6. ZAMBIA’S LAND ADMINISTRATION 1995 Lands Act – vests all land in Zambia in the President. Outdated statistics: 94% of land in Zambia falls under Customary tenure, while 6% of the Land is State-land under statutory tenure. Land audit needed. Statutory Land tenure is administered by Government (GRZ) through Ministry of Lands Natural Resources and Environmental Protection (MNLREP) and local governments. The 1965 Chiefs Act provides Chiefs with the power to administer customary land in accordance with customary norms prevailing in the Chiefs locality Constitution – Bill of Rights 6

7. DUAL TENURE SYSTEM STATUTOR Y TENURE CUSTOMARY TENURE CONVERSION CONVERSION OF LAND 7

8. THE SCOPE OF ‘LAND GRABS’ IN ZAMBIA TODAY The roots of large-scale land acquisitions may lie in the 1995 Lands Act and the incomplete measures undertaken by the GRZ to create a private land market. It is difficult to be able to quantify the amount of land acquired by foreign and local investors for large-scale land projects It is difficult to know the number of people affected by such projects, as land investments sizes are not aggregated by any government agencies or regulatory bodies. 8

9. CASE STUDIES Case NameAmatheon AgriKalumbila Minerals Ltd Chiansi Irrigation project Lusaka South Multi-facility Economic Zone LocationMumbwa districtSolwezi districtKafue districtLusaka/Kafue districts SectorAgricultureMiningAgricultureUrban/Industrial development Amount of land acquired 30,000ha51,000ha1,575ha2,100ha Approximate no. of affected households 4357020247 9

10. PROCESSESS OF DISPLACEMENT Displacements and resettlements are mandated through the Zambia Environmental Management Agency (ZEMA), who are responsible for auditing the conduction of environmental impact assessments and resettlement action plans. Processes of resettlement are often facilitated through the Office of the Vice President, through two of its offices: the Department of Resettlement and the Disaster Management and Mitigation Unit 10

11. COMPARISON OF RESETTLEMENT AND COMPENSTION PACKAGES Amatheon AgriKalumbila Minerals Chiansi Irrigation Project Lusaka South Multi-Facility Economic Zone Approximate number of affected people 43 households total (182 people) over 2 phases 570 households (FQM reported) 20 households total over 2 phases. Phase 2 has no anticipated displacement. 247 households; 1221 people. Amount of land acquired 30,000ha50,000ha1,575ha2,100ha Incidences of displacement? Yes – non-holders of title. Yes – from customary land. Yes – holders of title. Yes – non-holders of title. Status of resettlement plans: Phase 1: Resettled; Phase 2: Planning underway. Some resettled; most awaiting displacement. Phase 1: Resettled; Phase 2: Planning underway. Some resettled others awaiting displacement. 11

12. Amatheon AgriKalumbila Minerals Chiansi Irrigation Project Lusaka South Multi-Facility Economic Zone International guidelines used in RAP: IFC Guidance Note 5; WB OP 4.12; Inter- American Bank IFC Guidance Note 5; WB OP 4.12 IFC Guidance Note 5 N/A Total funds designated: Phase 2: $94,440 USD $11 million USD$80,148 USDN/A 12 COMPARISON OF RESETTLEMENT AND COMPENSTION PACKAGES

13. KEY FINDINGS  These cases demonstrate the limitations of the resettlement and compensation processes and guidelines that currently exist in Zambia.  Limitations in laws and policies in the whole system of land administration as well as resettlement and compensation.  In events of resettlement and compensation investors are often urged to follow IFC or world bank guidelines.  Little consensus as to the role of each government and authoritative body  Monitoring needs improvement - there is very little clarity or accountability in the EIA process. 13

14. KEY FINDINGS  Communities are unable to affect decisions and benefit from processes of resettlement and compensation.  Compensation and corporate-social responsibility programmes are limited  Sensitisation of local community members on land rights remains a challenge  Not all the community members appear to hold the same view.  There has been minimal and sometimes no provisions for community consultation in the resettlement process 14

15. RECENT EFFORTS Review of the Lands Act Land Policy Land Audit Customary land Administration bill Constitution Resettlement and compensation guidelines National Resettlement Policy 15

16. LESSONS LEARNT AND RECOMMENDATIONS Need for transparent and participatory processes in legislation on land administration. Need better systems for monitoring and evaluating land administration Need to make customary tenure secure. Effective regulatory and enforcement mechanisms Ability to estimate total land availability under each customary and statutory system, due to the lack of an updated land inventory. Statistics of land under customary tenure have not been properly updated since the colonial period. Need to review, harmonize, strengthen and amend the pieces of legislation on land. 16

17. THANK YOU!!!!! 17