Critical review: Land Acquisition and Land Grabbing

The introduction of land based projects in communities in Kenya border similar realities as witnessed elsewhere globally. However, the drivers for the large scale land acquisition raise more debates, conflicts and research where the proposed uses are driven by the government or its agencies.The situation is worse if it touches on communities that rely on land for pastoral use (like in Arid and Semi-Arid Lands) or in rich agro-ecological zones (Highlands). According to Licodho (2009), several grass root organizations have reported a significant increase in the number of conflicts related to land loss.

Debate on compulsory Large Scale Land Acquisition (LSLAs)

Governments world over are under pressure to deliver public services in the face of demand for land based resources. In Africa, the debates on the impacts of Large-Scale Land Acquisitions and deals are controversial. International development professionals, although acknowledging significant risks for local rural livelihoods and the environment, have identified large economic opportunities for countries involved and the rural poor, says Scheidel and Sorman (2012). However, the dialogues have highlighted compulsory acquisition as sources of tension;conflictual and inefficient process is seen as a constraint to economic and rational development.(FAO, 2010)

The role of land professionals (Land economists and Surveyors) becomes key in partnership with other participants (Lawyers, engineers, sociologists, environmentalists, ecologists, economists) to ensure sustainable livelihood determinants are well captured. Presently, attention is critical to the procedures of the processes of land acquisition and resettlement as well as livelihood restoration mechanisms that are not expressed in any land legislations beyond any compensation (which may not necessarily be prompt, just and fair from experience) in Kenya and beyond.

While the government cannot rely on the land market alone to ensure land is acquired for public benefit, it should also not fail in its policy due to land shortage; public purposes should take precedence to individual ownership. Compulsory acquisition is therefore an important option by which the government can acquire land from private entities for specific public purposes (FAO, 2010). The process involves planning, publicity, valuation and submission of claims, award of compensations and possession of land. Moreover, other activities include, resettlement plans that should be carried out over a specified period of time within a policy framework (World-Bank, 2004). Land acquisition and resettlement action plan touch on human rights, livelihoods, tenure security, and economic well being. (IFC, 2002)

Large Scale land acquisition versus Land Grab

It may shock you that most land acquisitions are actually land grabs (Pearce,2013). The International Land Coalitions’ Tirana Declaration offers insights on what the proper process of land acquisition should comprise in light of right, information, consent, economic costs and human rights. In the absence of such aspects, there is danger of ‘land grab’.

International Land Coalition (ILC) defines ‘Land Grabbing’ as acquisitions or concessions that are one or more of:-‘ Violation of human rights, particularly the equal rights of women, not based on free, prior and informed consent of the affected land users, not based on a thorough assessment or in disregard of social, economic and environmental impacts, including the way they are endangered, not based on transparent contracts that specify clear and binding commitments about activities, employment and benefits sharing, and not based on effective democratic planning, independent oversight and meaningful participation’

The analysis of the impacts of LSLAs by (Richards, 2013) using the Poverty Analytical Framework (OECD,2007) and Land Governance Classification system combined actually summarizes similar impacts that have been witnessed in LSLAs in Uganda, Nigeria, Ecuador and Northern Kenya. These are: Tenure, land governance, livelihood and poverty impacts, and environmental. I have suggested a national economic impacts as the fifth category at the macro-economic level.

While land experts need to know the need for support services, and restoration of livelihoods as well as environmental concerns that come with LSLAs, it’s important to understand, evaluate and continuously monitor the process and phases involved. Otherwise, the land acquisition processes may actually mutate into to land grabbing. The role and engagement of all stakeholders in large scale land deals, therefore, need much attention: legislative backing, institutional restructuring and operational policy with minimum uniform standards customized for Kenya. Moreover, land  grab can be domestic or foreign, and may happen even when the intended project was valid and for public good. This is about the process and nature of its operation. For instance, Green grabbing to conserve hotspots of our biodiversity and elsewhere may have die consequences if it’s not guided by good policy, institutions, alternative livelihood restoration mechanism and adequate support systems.

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GRAIN. (2008). SEIZED!The 2008 land grab forFood and Financial Security. GRAIN.

IAIA. (2003). International Principles for Social Impact Assessment. Impact Assessment and Project Appraisa , 21, pages 5-11.

IFC. (2002). Handbook for Preparing Resettlement Action Plans. (D. Styles, Ed.) 2121 Pennsylvania Avenue, NW Washington, DC, 20433 USA, USA: The International Finance Corporation (IFC).

ILC. (2012). Monitoring  Secure Access to Land: Progress and Prospects.

ILC. (2011). Tirana Declaration. Tirana-Albania: International Land Coalition.

LICODHO. (2009). Land Grabbing and Poverty in Cambodia: the myth of Development. Phnom Penh: LICADHO.

OECD. (2007). Promoting Pro-Poor Growth. Policy Guidance for Donors. . Paris: OECD.

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Scheidel, A., & Sorman, H. A. (2012). Energy Transisitions and Global land rash: ultimate drivers and persistent consequences. Elservier , 588-595.

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Zoomers, A. (2010). Globalisation and the foreignisation of space: seven processes driving the current global land grab. Journal of Peasants Studies