understanding land investment deals in africa - Oakland Institute

30 Maggie Ficke, “South Sudan Gains Independence, Becomes New Nation,”Associated Press, 9 July 2011.31 According to the South Sudan Development Plan, there is no othercountry in the world that is as dependent on a single volatile commodity.Republic of South Sudan (RSS), South Sudan Development Plan2011-2013: Realizing Freedom, Equality, Justice, Peace and Prosperity for All,Council of Minister’s Draft, 5 July 2011, p 48.32 “Sudan: South Sudan to Pay Khartoum Oil Fees in Arrears, MullsMobile Refineries,” Sudan Tribune, 10 September 2011, http://www.sudantribune.com/South-Sudan-to-pay-Khartoum-oil,40102 (accessed27 September 2011).33 Jeffrey D. Sachs and Andrew M. Warner, “Natural Resource Abundanceand Economic Growth,” Working Paper No. 5398, National Bureau ofEconomic Research, December 1995.34 RSS, South Sudan Development Plan, op. cit., p 49.35 FAO and the World Food Program (WFP), Crop And Food SecurityAssessment Mission to Southern Sudan, 2011, http://www.fao.org/docrep/013/al973e/al973e00.htm(accessed 27 September 2011).36 FAO, “Focus: FAO in Southern Sudan,” September 2010.37 Ibid. See revised figure for 2009 net cereal production in FAO andWFP, Crop and Food Security Assessment.38 “S. Sudan Targets 2m Metric Tonnes of Food after Independence,”Sudan Tribune, 6 July 2011, http://www.sudantribune.com/S-Sudantargets-2m-metric-tones-of,39443(accessed 27 September 2011).39 Ministry of Agriculture and Forestry, GoSS, Agriculture and ForestryPolicy Framework, 2007 (on file with author).40 Mamer Kuer Ajak, South Sudanese farmer, direct communication, 20August 2011.41 Femi Adewunmi, “Only 4.5% of South Sudan’s Land Currently UnderCultivation,” 25 July 2011, http://www.howwemadeitinafrica.com/only-4-5-of-south-sudans-land-currently-under-cultivation/11333/ (accessedSeptember 2011).42 Before the secession of South Sudan, Sudan as a whole was tied withSomalia for having the world’s largest population of pastoralists. Eachcountry had a population of 7 million pastoralists. Nikola Rass,“Policies and Strategies to Address the Vulnerability of Pastoralists inSub-Saharan Africa,” Pro-Poor Livestock Policy Initiative (PPLPI), FAO,Working Paper No. 37, 2006, http://www.reliefweb.int/rw/lib.nsf/db-900SID/LTIO-6UHRZJ?OpenDocument (accessed 27 September 2011).43 United Nations Office for the Coordination of Humanitarian Affairs(UN OCHA), Map Showing Ethnic Groups in Sudan, 2009,http://www.unsudanig.org/library/mapcatalogue/south/data/population/SS_0132a_Ethnic_Groups_A1_20091224_300_1.pdf(accessed 27September 2011).44 Established in 1992, Bandingilo hosts the world’s second largest annualanimal migration, involving multiple species of antelope, whichcross the Nile at two locations near Mangala.45 Liz Alden Wily, “Whose land are you giving away, Mr. President?” Paperpresented at the Annual World Bank Land Policy & AdministrationConference, Washington D.C., 26-27 April 2010.46 The Land Act requires that state authorities provide approval for landacquisitions above 250 feddans (105 hectares) and calls for regulationsto be put in place that prescribe a ceiling on land allocations. Land Act,ch. V, § 15 (5) (6).47 Although the Land Act allows for long-term leases of up to 99 years,the Investment Promotion Act explicitly limits foreign investments inagriculture and forestry to renewable terms of 30 and 60 years, respectively.Land Act, ch. IV, § 14; Investment Promotion Act, 2009, SecondSchedule(3).48 The Land Act requires public and private parties to conduct environmentaland social impact assessments (ESIAs) prior to engaging in anyactivities that might affect the people or the environment. Land Act, ch.XI, § 70(3).49 Both the Land Act and the Local Government Act require that the governmentconsult with local communities and take into considerationtheir views on decisions related to community land. Land Act, ch. IX, §63(3); Local Government Act,2009, ch. IX, § 89.50 The Land Act gives special protection to pastoralists, stating: “[N]o person shall without permission… carry out any activity on thecommunal grazing land which may prevent or restrict the residents ofthe traditional communities concerned from exercising their grazingrights.” Land Act, ch. X, § 67.51 Ibid. ch. II, § 8(6).52 Ibid. ch. III, § 11(2)(b).53 Ibid. ch. IX, § 63.54 Ibid. ch. V, § 15.55 Upon completion of the investment, according to the Land Act, theleased land must revert back to the community. Ibid. ch. VI, § 27(7).56 Ibid. ch. V, § 15.57 Southern Sudan Land Commission (SSLC), GoSS, Draft Land Policy,2011.58 Ibid. 22.59 Local Government Act, ch. IX, § 91(3)(g).60 Bukulu Edward, Speaker, Western Equatoria State Legislative Assembly,direct communication, May 2011.61 In 2011, the government’s annual budget stood at a little less thanUSD 1.5 million, 98 percent of which comes from its share of SouthSudan’s oil revenue. “South Sudan to Mobilize USD 500 Billion for FutureInfrastructure Development, Machar,” Sudan Tribune, 29 June 2011,http://www.sudantribune.com/South-Sudan-to-mobilize-500,39378(accessed 27 September 2011); “South Sudan’s VP and US diplomatdiscuss foreign investment after independence,” Sudan Tribune, 2 July2011, http://www.sudantribune.com/South-Sudan-s-VP-and-US-diplomat,39402(accessed 27 September 2011).62 Julien Barbara, “Nation Building and the Role of the Private Sector asa Political Peacebuilder,” Conflict, Security & Development, December2006, p 582.63 For example, the Mayom Declaration, in which Peter Gadet announcedhis rebellion against the government of South Sudan, states: “[O]urentire nation has witnessed rampant corruption on the top echelon ofGOSS. …Little wonder that the more than 20 billion dollars of oil revenuereceived by GOSS could not be seen in terms of tangible servicesdelivery in areas such as health, education, water, etc. …These leadersof GOSS continue to siphon off the meagre resources of the Southbleeding our people dry. Who is now the enemy of our people?” SouthSudan Liberation Army (SSLA), Mayom Declaration (April 2011), http://www.sudantribune.com/The-Mayom-Declaration,38605 (accessed 27September 2011).64 Paul De Wit, “Land Policy Development in Post-Conflict Sudan: Dealingwith Delicate Balances in a Fluid Environment,” Communicationto the World Bank Conference on New Challenges for Land Policy andAdministration: Session “Land administration in post disaster andconflict environments,” Washington, 14-15 February 2008, p 13.65 Ministry of Agriculture and Forestry, GoSS, Food and Agriculture PolicyFramework, 2006.66 Steve Lawry, “A New Start for Southern Sudan,” Mokororo Newsletter55, February 2011, p 2.67 RSS, Development Plan, op. cit., p 17.The Oakland Institute understanding land investment deals in africa: south sudan | 45