FOREIGN INVESTMENTS IN FARMLAND MAKING AGRICULTURAL INVESTMENTS WORK FOR AFRICA: a parliamentarian’s response to the land rush Kigali, 26-27 April, 2013 IN EAST AFRICA Sue Mbaya Consultant, Land Policy Initiative
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FOREIGN INVESTMENTS IN FARMLANDFOREIGN INVESTMENTS IN FARMLAND MAKING AGRICULTURAL INVESTMENTS WORK FOR AFRICA:MAKING AGRICULTURAL INVESTMENTS WORK FOR.
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FOREIGN INVESTMENTS IN FARMLANDFOREIGN INVESTMENTS IN FARMLAND
MAKING AGRICULTURAL INVESTMENTS WORK FOR AFRICA:MAKING AGRICULTURAL
INVESTMENTS WORK FOR AFRICA: a parliamentarians response to the
land rusha parliamentarians response to the land rush Kigali, 26-27
April, 2013Kigali, 26-27 April, 2013 IN EAST AFRICA Sue MbayaSue
Mbaya Consultant, Land Policy InitiativeConsultant, Land Policy
Initiative
Slide 2
CONTRIBUTION OF LAND TO GDPCONTRIBUTION OF LAND TO GDP
Slide 3
WHY FOREIGN INVESTMENT IN AGRICULTUREWHY FOREIGN INVESTMENT IN
AGRICULTURE Historic under-investment in agriculture Regional
commitments not achieved: 2003Maputo Declaration 10% of budgets
CAADP 6% annual growth in agriculture Resulting gap between
required investment and domestic allocations
Slide 4
INVESTOR MOTIVESINVESTOR MOTIVES To address food insecurity
concerns In search of renewable sources of energy Expansion of
industries (mining, timber) Maximizing investments (low land
rentals, cheap labour, attractive incentives)
Slide 5
OVERVIEW OF INVESTMENTSOVERVIEW OF INVESTMENTS Forestry
Biofuels Food
Slide 6
OVERVIEW OF INVESTMENT PROJECTSOVERVIEW OF INVESTMENT PROJECTS
BurundiKenyaRwandaTanzaniaUganda Number of deals 153 4 Total
area705,38815,150576,02480,000 Uses Mining Agriculture (biofuels
and food) Agriculture Forestry Agriculture Forestry
Slide 7
Slide 8
WHO IS INVESTING? HOW?WHO IS INVESTING? HOW? Pvt foreign
investor government Pvt foreign partnership government Pvt/local
partnership government Local investors government
Slide 9
HOW IS THE LAND USEDHOW IS THE LAND USED Forestry Biofuels Food
99% 1% } }
Slide 10
BurundiKenyaRwandaTanzaniaUganda Institutions Kenya Investment
Authority Land Control Board Export Processing Zone Authority
Rwanda Development Board Tanzania Investment Center Export
processing Zone Authority Uganda Investment Authority Uganda Carbon
Bureau Relevant Law/Policy 2005 Constitution Investment Law 2005
Land Law 2005 Organic Land Law Kalimo Kwanza (Agriculture First
Policy) ZonesExport processing Zone Export Processing Zone Southern
Agricultural Growth Corridor POLICY BASIS FOR INVESTMENTSPOLICY
BASIS FOR INVESTMENTS
Slide 11
INCENTIVES FOR INVESTORSINCENTIVES FOR INVESTORS
BurundiKenyaRwandaTanzaniaUganda TaxesIncome, property and
construction taxes exempt for up to 8 years EPZ investors 10 yr tax
holiday Reduced taxes for 10 yrs Exempt for oil related investments
VAT and income tax breaks Tax holidays Exempt from Corporate tax on
profits Tax holidays up to 10-20 years Withholding tax on plant and
machinery Remittance of proceeds Permits to investors to remit
Repatriation permitted Other exemptions Protection from acquisition
No exchange controls Protection from acquisition Duties for diesel
and agricultural equipment Duty on plant, machinery and other
inputs Stamp duty Duty draw back (refund of duty on materials)
Slide 12
BENEFITS OF INVESTMENTSBENEFITS OF INVESTMENTS Marginal gains:
Employment generally low paying, seasonal jobs Little evidence of
foreign currency earnings and technology transfer
Slide 13
IMPACTS OF INVESTMENTS (1)IMPACTS OF INVESTMENTS (1) Human
rights considerations of investments highlighted by United Nations
Human Rights Council: rights of land users right to food right to
development right to self determination human rights of
agricultural workers need a clear set of foundational principles
which guide investments and define accountabilities for parties
involved
Slide 14
IMPACTS OF INVESTMENTS (2)IMPACTS OF INVESTMENTS (2) Alienation
of landholdings from communities: Losses extend beyond land
(livelihoods, way of life) Rights of women and pastoralists v.
vulnerable De facto changes in tenure Communities not compensated
fully
Slide 15
IMPACTS OF INVESTMENTS (3)IMPACTS OF INVESTMENTS (3) Incentives
to investors accompanied by revenue losses Case Study: The AgriSol
Deal 325,000 ha exemption from customs duties on all agricultural
inputs exemption from value-added tax (VAT) on all imported inputs
Exemption from value added tax on unprocessed agricultural produce
guaranteed transfer of net profits or dividends of the investment
Guaranteed remittance of net proceeds ?Strategic Investor Status?
then exemption from the corporate tax (30% of net profits)
Investment: $100 million over a 10 year period Net protfis from
corn ONLY on 200,000 ha - $272 million a year Incentives may imply
substantial unattained revenue for the government Source Oakland
Institute, 2011
Slide 16
Smallholder farmers are marginalized Risks for the environment
EIA often not conducted soil degradation, deforestation, loss of
biodiversity water depletion use of marshlands for investments
(Kenya, Rwanda) to achieve positive agricultural investment,
provisions and incentives to protect the environment and to
encourage sustainable agriculture are required IMPACTS OF
INVESTMENTS (4)IMPACTS OF INVESTMENTS (4)
Slide 17
PRIORITY ACTIONS FOR PARLIAMENTARIANSPRIORITY ACTIONS FOR
PARLIAMENTARIANS Priorities for lawmaking: alignment of laws and
policies to the F& G principles: democratization, transparency,
good governance, popular participation, equity, poverty
eradication, subsidiarity, gender equity and sustainability
alignment to continental land processes F&G Nairobi Action Plan
ADB
Slide 18
Priorities for oversight: Access to timely, accurate
information Improved governance of investments scrutiny of
contracts legally binding social and environmental commitments and
accountabilities for all parties Implementation of global, regional
and national human rights conventions Political will for addressing
underlying issues Compliance with practices that ensure
sustainability PRIORITY ACTIONS FOR PARLIAMENTARIANS (2)PRIORITY
ACTIONS FOR PARLIAMENTARIANS (2)
Slide 19
Priorities for representation: Protection of community
interests facilitate empowerment of communities (to negotiate, to
represent own interests, to monitor) advocate for marginalized
groups protect from unlawful evictions provide voice monitor
implementation of investments for compliance with contracts and
regulations PRIORITY ACTIONS FOR PARLIAMENTARIANS (3)PRIORITY
ACTIONS FOR PARLIAMENTARIANS (3)