NPA: Data on foreign and domestic investments planned or underway
14 April 2011 Summary

This report is part of a baseline survey of large-scale land-based
investment in Southern Sudan prepared for Norwegian People’s Aid
(NPA). It presents data on 28 foreign and domestic investments planned
or underway across the ten states of Southern Sudan. In just four
years, between the start of 2007 and the end of 2010, foreign
interests sought or acquired a total of 2.64 million hectares of land
(26,400 km2) in the agriculture, forestry and biofuel sectors alone.
That is a larger land area than the entire country of Rwanda. If one
adds domestic investments, some of which date back to the pre-war
period, and investments in tourism and conservation, the figure rises
to 5.74 million hectares (57,400 km2), or nine percent of Southern
Sudan’s total land area. While in theory, this influx of investment
could provide development opportunities for rural communities, without
the appropriate procedures in place there is a danger that it will
serve to undermine livelihoods. Below are a series of recommendations
that may help the Government of Southern Sudan (GoSS), its
international partners, civil society, companies, investors, and rural
communities in Southern Sudan to address the risks and opportunities
of largescale land investments moving forward:

1. Adopt a presumption in favor of disclosure for all documents
associated with large-scale land-based investments;

2. Develop clear jurisdictional roles for public institutions at all
levels, including an appropriate balance between central oversight and
state-level flexibility, and providing a role for the legislative
branch in approving large-scale land allocations;

3. Consider establishing a graduated land ceiling in which the
authorization of successively higher levels of government is required
as the size of land allocations increases;

4. Consider a temporary moratorium on all land acquisitions above a
certain size in order to allow time for the appropriate procedures to
be put in place;

5. Establish a technical committee to review all existing contracts to
ensure that they comply with relevant provisions of the 2009 Land Act,
the 2009 Local Government Act, and the 2009 Investment Promotion Act;

6. Promote alternative business models that better account for the
needs of local populations, such as giving communities an equity stake
in the venture or maximizing the links between companies and
smallholder producers living on or around the project area;

7. Explore opportunities for constructive engagement with companies
that demonstrate a willingness to adhere to regulatory standards and
prioritize the development needs of host communities.

Introduction

African farmland has come under increasing pressure from commercial
land-based investments in recent years. The Food and Agriculture
Organization (FAO) estimates that from 2007 to 2010, foreign interests
acquired 20 million hectares of land in Africa (Graham et al. 2010).
Some analysts see opportunities in this trend, asserting that if
African states are able to enact certain regulatory reforms, they can
harness this surge in foreign investment to provide jobs and
development for rural communities. For decades, the agricultural
sector in sub-Saharan Africa has been neglected in both domestic
public policies and development cooperation. If done responsibly,
proponents argue, the influx of foreign investment can increase public
revenues and improve farmers’ access to technology and credit, leading
to a revitalization of agriculture. Others are more skeptical. Critics
have dubbed it the ‘global land grab’, warning that land acquisitions
on this scale stand to deny millions of land users access to vital
natural resources, undermine food security, and exacerbate tenure
insecurity. They criticize international efforts to put in place a
voluntary code of conduct for ‘whitewashing’ the problem and diverting
attention away from alternative development pathways that may be more
beneficial for rural populations, such as building the productive
capacity of smallholder farmers. The real problem, these critics
assert, lies in the global industrial food and energy complex which
deprives rural populations of their land in order to provide cheap
food and energy production for the developed world (Borras and Franco
2010: 515).

Sudan is among the global ‘hotspots’ for these large-scale land
acquisitions. According to a recent study by the World Bank (2010:
44), from 2004 to 2009, Sudan transferred nearly four million hectares
of land to private investors, more than any other country surveyed.1
With the unpredictability of the current transitional period in
Southern Sudan, most of this investment activity was thought to be
concentrated in the North. However, as this report demonstrates, there
have also been a surprising number of large-scale land-based
investments in Southern Sudan in recent years. The baseline data in
this report indicates that from 2007 to 2010, foreign companies,
governments and individuals have sought or acquired at least 2.64
million hectares (26,400 km2) of land for projects in the agriculture,
biofuel and forestry sectors. That is larger than the entire country
of Rwanda. If one adds domestic investments, the pre-war mechanized
agriculture schemes of Upper Nile State, and investments in tourism
and conservation, the figure rises to 5.74 million hectares (57,400
km2), or nine percent of the total land area of Southern Sudan. This
influx of investment could provide a sorely needed source of
development for the region. However, with the nascent state of
government, a society still reeling from years of conflict, and the
legal ambiguity of the transitional period, there is also a danger
that this influx of investment, if left unchecked, may serve to
undermine livelihoods.

This report was prepared as part of a baseline survey of large-scale
land-based investment in Southern Sudan for Norwegian People’s Aid
(NPA). It presents data on 28 foreign and domestic investments planned
or underway across the ten states of Southern Sudan. Its purpose is to
introduce policy-makers, academics and civil society in Southern Sudan
to some of the salient aspects of land investments. The data may also
provide insights for the design of initiatives to address the
challenges of commercial land-based investments moving forward.
Section One lays out basic background information on the region.
Section Two outlines relevant legal provisions, which in theory are
meant to regulate large-scale land investments in Southern Sudan.
Section Three summarizes the research methodology. Section Four
presents the baseline data, and Section Five offers a series of
preliminary observations. Section Six concludes with recommendations
for stakeholders involved with large-scale land investments in
Southern Sudan to consider moving forward. READ FULL DOCUMENT

Posted in: Business, Humanitarian, Reports

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