Cameroon says Herakles Farms free to resume tree felling operations

Herakles Farms clear-cut zone near Talangaye, Southwest Region, Cameroon.

Herakles Farms clear-cut zone near Talangaye, Southwest Region, Cameroon.

In a strange about-face, the government of Cameroon has authorized Herakles Farms to resume clear-cutting in the Southwest Region. This decision comes only a few weeks after the government ordered the company to halt all operations until it could produce a “declaration d’utilité publique,” a legal prerequisite for the work. The letter lifting the suspension of clear-cutting makes no mention of the required document and only reminds the company that it must follow laws and regulations. Several observers have suggested the latest letter is likely indicative of a power struggle, with someone higher in rank than the Minister of Forestry and Wildlife ordering that work resume.

To be continued…

In the meantime, here is a press release from WWF Cameroon and the Center for the Environment and Development, a respected Cameroonian NGO:

Yaoundé, Cameroun (5 June 2013)

Herakles Farms is free to resume its tree felling operations in Cameroon, according to a Ministry of Forestry and Wildlife document obtained by local and international NGOs Wednesday, a blow to local communities and the unique biodiversity of the region.

The decision came as a surprise as in April the same ministry had ordered the US-based company which intends to cut up to 73,000 hectares of pristine rainforest to develop an oil palm plantation, to suspend operations until it had obtained legal authorization to do so.

“This is incomprehensible,” said Ludovic Miaro Iii, WWF Regional Palm Oil Coordinator in Central Africa. “On the one hand, we have a company which is operating without requisite permits on public lands, in clear violation of national and international social and environmental norms. What Herakles Farms is doing is a de facto land grab.

“On the other hand, we have the government of Cameroon which seems to be encouraging this company to circumvent national legislations and the rights of local people,” Iii added.

According to a 29 May 2013 letter by Cameroon’s Minister of Forestry and Wildlife, Ngole Philip Ngwese addressed to the CEO of SG Sustainable Oils – the local affiliate of Herakles Farms – the “suspension of tree felling operations of announced in my (previous) correspondence is hereby lifted.”

Palm oil cultivation is a contributor to greenhouse gas emissions, deforestation and the loss of biodiversity worldwide. Improperly designed and managed, it deprives local communities of access to land and impacts food security.

“Herakles Farms has consistently shown a complete disregard for Cameroonian laws and local community rights,” according to Samuel Nguiffo, head of the Cameroonian NGO Centre for Environment and Development.”

“The Ministry Forestry and Wildlife of Cameroon itself, in a February 2013 report, accused Herakles Farms of intimidation and bribery in its dealings with chiefs and local decision-makers.”

“Furthermore, should the project go forward, local communities who depend on their traditional lands and forest for their livelihood will be pushed away, leading to increased food insecurity and social instability,” Nguiffo added.

Herakles Farms shutdown generates global news coverage

Christell Kouetcha at Bibi Ngota awards ceremony. Photo: Tribunal Article 53

Christelle Kouetcha at Bibi Ngota awards ceremony. Photo: Tribunal Article 53

The suspension of operations at Herakles Farms has generated a number of stories in the international and Cameroonian press. Links to recent articles are listed below. Here are some highlights from Cameroon.

“Herakles Farms accused of not having told the truth about its project in Cameroon,” reports business publication, Investir au Cameroun (Invest in Cameroon). The article, in French, includes a statement from the minister in charge of forests, Ngolle Philip Ngwesse, who emphasized that the Establishment Convention signed in 2009 did not exempt the company from respecting procedures and laws.  The article also reports that Greenpeace and Cameroonian NGO, Center for the Environment and Development, have called for a moratorium on all new concessions.

Free Speech Radio News features reporting by Ngala Killian Chimtom in the concession area. The story, Local residents in Cameroon raise concerns about massive U.S.-backed palm oil plantation, is online. Another story, Advocacy groups say internal documents from Herakles Farms point to corruption, bribery in Cameroon palm oil plantation, is also available online.

On May 15th, Cameroonian journalist Christelle Kouetcha Tcheulatchue was awarded a 2013 “Bibi Ngota Journalism Against Impunity” award for her July 2012 special report on Herakles Farms. Kouetcha, a reporter at Le Quotidien de l’Economie in Douala, put together an in-depth report on the Herakles Farms project featuring interviews with officials, community leaders and ordinary citizens across the concession area.

Bibi Ngota was a Cameroonian journalist who died in prison in April 2010. Ngota, editor of the monthly Cameroon Express, was arrested after he and three other journalists sent questions to presidential advisor, Laurent Esso, about allegations of embezzlement of public funds. Ngota had known health problems and was denied medical care; he died in prison during pre-trial detention. Cameroonian writer, Patrice Nganang, and other human rights activists established the Bibi Ngota Journalism Against Impunity award in 2012 to honor investigative journalists whose work seeks to break the silence of impunity, “one of the main characteristics of dictatorships.”  The prize is administered by Cameroonian human rights organization, Tribunal Article 53.

For more information on the status of press freedom in Cameroon, see the 2012 report from Freedom House.

Press  and Media on Herakles Farms/SGSOC week of May 20th, 2013

http://stream.wsj.com/story/latest-headlines/SS-2-63399/SS-2-237745/ 

http://www.greenpeace.org/international/en/news/Blogs/makingwaves/herakles-cameroon-palm-oil-project-starts-to-/blog/45259/

http://www.oaklandinstitute.org/press-release-herakles-exposed-truth-behind-herakles-farms-false-promises-cameroon

http://uk.reuters.com/article/2013/05/22/cameroon-palm-idUKL6N0E344Q20130522

http://www.businessweek.com/news/2013-05-23/cameroon-says-herakles-needs-permits-for-oil-palm-project

http://news.mongabay.com/2013/0523-herakles-halted.html

http://www.bloomberg.com/news/2013-05-23/cameroon-says-herakles-needs-permits-for-oil-palm-project.html

http://cameroonjournal.com/herakle%20farms.html

http://bourse.lefigaro.fr/devises-matieres-premieres/actu-conseils/huile-de-palme-un-projet-emblematique-suspendu-428479

http://www.romandie.com/news/n/_La_societe_americaine_Herakles_suspend_son_projet_de_culture_de_palmiers_a_huile_au_Cameroun23240520131124.asp

(One of several stories taken from the AFP wire published on 24/5)

http://economie.jeuneafrique.com/index.php?option=com_content&view=article&id=17306

http://www.lemonde.fr/afrique/article/2013/05/23/au-cameroun-un-projet-geant-d-huile-de-palme-fait-scandale_3416319_3212.html

http://economie.jeuneafrique.com/index.php?option=com_content&view=article&id=17306

http://www.camerounactu.net/fr/economie/entreprises/3320-exploitation-dhuile-de-palm-heracles-suspend-ses-activites-au-cameroun

http://www.journalducameroun.com/article.php?aid=14360

http://www.businessincameroon.com/agribusiness/2205-4079-herakles-farms-suspends-activities-in-cameroon

http://www.investiraucameroun.com/agriculture/2205-4224-herakles-farm-suspend-ses-operations-suite-aux-injonctions-du-gouvernement-camerounais

http://www.reuters.com/article/2013/05/22/cameroon-palm-idUSL6N0E344Q20130522

http://www.africareview.com/Business—Finance/US-firm-shelves-Cameroon-plantation-project/-/979184/1859662/-/x49w93/-/index.html

 

Herakles Farms releases public statement: Operations suspended

TalangayeNurs002resz

Herakles Farms, known in Cameroon as SGSOC, has issued a public statement regarding the suspension of its operations.

The 73,000 hectare Herakles Farms project has been extremely controversial since communities first became aware of its existence. As numerous reports and observers have documented, the initial contract (the September 2009 “Establishment Convention”)  was the result of secret negotiations between the company and Cameroonian officials. Communities were only “consulted” after the fact and although the company has been negotiating directly with villages in recent months, its consultation practices — often involving gifts and other incentives — have been widely criticized.

For several weeks rumors regarding Herakles Farms have been circulating on the ground and the company has finally responded with this statement:

HERAKLES FARMS SUSPENDS CAMEROON OPERATIONS IN COMPLIANCE WITH THE RECENTLY ISSUED STOPPAGE ORDER FROM THE MINISTRY OF FORESTRY &WILDLIFE (MINFOF)

May 18, 2013 ‐ Herakles Farms (also known as SG‐SOC in Cameroon) (“Company”), a United States‐based agriculture company with operations in Ghana and Cameroon, today, announced that it has suspended work in Cameroon in response to an order it received from the Government of Cameroon’s Ministry of Forestry & Wildlife (MINFOF).

The order requests that the Company cease preparing land near its Talangaye nursery, the resumption of activities “being subject to a declaration of public usefulness made to the zone where your entire project is located.” The order comes at a time when the Company’s main activity is the transfer of young trees from the nurseries to their permanent places in the field near the village of Talangaye. The Company had obtained permission to proceed and always has and will comply fully and transparently with government regulations in force.

The Company hopes to understand and resolve these actions by the MINFOF.

Given the uncertain timeframe for resuming development, SG‐SOC is reducing and furloughing its workforce of 690 full‐time employees. Herakles Farms’ management reaffirms their commitment to the successful development of their operations in Cameroon. The Company is diligently working with Cameroonian Government officials to resolve the matter as quickly as possible.

The Company is deeply distressed to see so many of its committed Cameroonian employees being left without jobs for an uncertain period of time. In addition, the Company’s community and work force development programs will remain in doubt until a resolution with the Government of Cameroon can be found. The company finds these events especially tragic and will do all it can to achieve a positive outcome.

About Herakles Farms

Herakles Farms is an agriculture company that identifies and implements solutions to important food security concerns in Africa. The Company has had operations in Ghana since 2008 and in Cameroon since 2009. Herakles Farms is guided by the International Finance Corporation (IFC) Performance Standards and Equator Principles. www.heraklesfarms.com

End of statement

Note: The company’s statement raises many questions  about the project and its future. The company makes no mention of the sale of its seedlings to Pamol. The number of employees of Herakles Farms has not been independently verified. Herakles Farms states that it has had operations in Cameroon since 2009. This is misleading. The company signed a contract in September 2009, but as the December 2010 minutes of an inter-ministerial commission show, as of late 2010, the boundaries of the proposed concession were still disputed.  At that time, a representative of the Ministry of Forestry and Wildlife indicated that, “SG SOC did  not respect the procedure for submission of files and other ministries concerned were not included in the project.” More than 11,000 hectares of land included in the Herakles Farms concession were already attributed to others (community forests, council forests).

Community voices making a difference in Cameroon

 

Entrance to Lipenja nursery. Lipenja, SW Region, Cameroon.

Entrance to Lipenja nursery. Lipenja, SW Region, Cameroon.

Community opposition to the 73,000 hectare Herakles Farms palm oil project in Cameroon’s Southwest region remains strong. Last week an open letter to Herakles Farms CEO, Bruce Wrobel, appeared in a number of online publications — the latest in a series of letters and petitions from Cameroonians who do not want to see their forest transformed into a vast plantation. Recent moves by the company to sell the seedlings from several of its nurseries suggest that opposition to the project is having an impact.

Reports on the ground indicate that work in the concession area has slowed, although there’s little official information available. Local community activist, Nasako Besingi, has spoken with company employees who say they are worried about their jobs and their wages for the month. Several workers told Besingi they have been sitting idly at the nurseries for one week but have heard nothing from their supervisors or the company. Besingi describes an atmosphere of confusion in the concession area.

See our links to reports for more information on Herakles Farms.

Visit the “News and downloads” page of the SAVE-Wildlife website to view copies of letters and petitions from local attorneys, community leaders and villagers opposed to the project.

 


					

Cameroon: Are communities able to make “free” and “informed” decisions about giving away their land?

TalangayeNurs001resz

Or the corrupting influence of gifts.

The recent German-Cameroonian fact-finding mission to the Herakles Farms concession area has generated some news coverage in France.  The  AFP article posted below was published in Les Echos. Interestingly, this article refers to “corruption” and brings up the food and drink that Herakles Farms has given communities.

Corporate social responsibility is part of doing business and companies donate goods and services to communities all the time. But Herakles Farms has not yet obtained the presidential decree necessary for the implementation of its project (see our sidebar for reports on Herakles Farms). As the report from the fact-finding mission points out, the company is negotiating with villages to get land and the gifts the company doles out may influence the decisions of local populations.  In other words, villagers may not be making “free” and “informed” decisions about giving away their land.

These gifts are not insignificant. The company described its holiday gift-giving in a January press release: “Over the holidays, Herakles Farms (also known as SGSOC), a New York-based agriculture company operating in Ghana and Cameroon, donated food to 1,700 households in 38 villages located in the Nguti subdivision of Kupe-Muanenguba and in Mundemba and Toko in Ndian. In total, 11 tons of rice and 10 tons of fish were distributed to more than 8,000 individuals in the Nguti, Mundemba and Toko areas.”

That’s a lot of food to give away just to say, “Happy New Year.”  And its worth reminding readers outside of Cameroon that what may seem insignificant in the U.S. or Europe — free beer at a meeting, for example — is actually a big deal in a village where a bottle of beer is an unaffordable luxury.

The AFP article puts the word corruption in quotation marks because these are allegations, of course. But more importantly, even if these allegations are verified, what is the recourse for villagers and what are the possible consequences for the company? The U.S. Foreign Corrupt Practices Act (FCPA) defines bribery as “anything of value,” including money, travel, gifts and entertainment. But, the FCPA is concerned only with  foreign government officials. The FCPA says nothing about the bribery of foreign citizens — even if their consent is necessary for a project to go ahead.

The issue of “soft corruption” comes up often in this type of negotiation and clearly needs to be addressed. With millions of hectares of Congo Basin forest now earmarked for palm oil development, communities need to be able to make clear-headed and informed decisions about the future of their land. Any company that claims to abide by best practices, including free, prior and informed consent should be forbidden from providing gifts to communities during the negotiation stage. Just as government officials should not be bribed to sign deals, nor should communities.

Here’s the article from Les Echos:

Cameroun: “corruption” lors de l’acquisition de terres pour un projet américain (rapport)

Un rapport issu du ministère des forêts camerounais et consulté par l’AFP mardi reproche à la société américaine Heraklès Farms des méthodes “d’intimidation et de corruption” pour acquérir des terres pour la culture du palmier à huile dans le sud-ouest du Cameroun.

Selon le rapport, la négociation de terres par la filiale camerounaise d’Herakles Farms, la SG Sustainables Oils Cameroon Ltd (SGSOC) “se fait avec beaucoup d’intimidations et de corruption, ciblant les chefs et certains décideurs (locaux) influents”.

La compagnie américaine se sert souvent “de bières, de whisky, des sacs de riz et de vaches”, pour que les collectivités entrent vite en négociation avec elle et la stratégie “fonctionne” puisque “des milliers d’hectares de terres” ont déjà été cédés, souligne le document.
Les auteurs de ce rapport disent s’être rendus dans 20 villages du sud ouest au mois de février et affirment que “les collectivités locales ne sont pas prêtes ou pas informées (de ce) dans quoi elles s’embarquent”.

En 2009, le gouvernement camerounais a signé avec Herakles Farms une convention de base lui donnant un accord de principe pour une concession de plus de 73.000 hectares dans le Sud-ouest pour la culture du palmier à huile.
Selon le secrétaire général du Centre pour l’environnement et le développement (CED) Samuel Nguiffo toutefois, aucun contrat de bail “n’a jamais été signé”.

“La présence de la compagnie (qui a déjà créé des pépinières et abattu des arbres pour mener ses activités) sur le lieu est illégale. Cette procédure d’acquisition des terres auprès des communautés n’est pas prévue par la loi camerounaise. Elle est illégale”, souligne M. Nguiffo. “Au gouvernement camerounais, il y a des gens qui ont obtenu des pots-de-vin” pour faciliter la signature de la convention de 2009, accuse sous anonymat un responsable de l’ambassade américaine à Yaoundé.

“Les négociations foncières doivent être arrêtées” pour éviter “de potentiels conflits sur l’utilisation des terres”, suggère pour sa part le rapport du ministère.

Début septembre, l’institut Oakland avait déjà demandé l’arrêt du projet redoutant notamment “la mise en péril d’écosystèmes uniques”.

Heads up!

Photo by Fon Christopher Achobang

Photo by Fon Christopher Achobang

Traditional palm fruit harvesting in Cameroon.

The Impact of Land Acquisition on Food Sovereignty: Herakles Farms in Cameroon

Entrance to cocoa farm in forest, Southwest Region, Cameroon. This land is earmarked for the Herakles Farms plantation.

Entrance to cocoa farm in forest, Southwest Region, Cameroon. This land is earmarked for the Herakles Farms plantation.

This article is reprinted from the Spring 2013 issue of the PHP Post, a publication of the Presbyterian Hunger Program

By Jaff Bamenjo, RELUFA, JH Cameroon and Nasako Besingi, Director, Struggle to Economize Future Environment in Cameroon (SEFE)

Herakles Farms is a New York based company which obtained 73.086 hectares (172,912 acres or 270 square miles) of land through its Cameroonian subsidiary SGSOC in some villages in the Ndian and Kupe Maneguba divisions of the South West region of Cameroon for an oil palm plantation project. The case of Herakles Farms is one of RELUFA’s (PHP’s Joining Hands Cameroonian partner) campaign foci within its Land and Food justice platform.

Large-scale land acquisition in Africa by foreign agriculture multinational companies is on the rise. This phenomenon represents a huge cost to local farmers as it takes away from them the land, which is their most important wealth.

Herakles Farms and five other multinational companies are currently applying for a total of almost 1-million hectares of land for industrial palm oil production in Cameroon despite the fact that there are already five industrial palm oil producing companies in the country. But these industrial palm oil companies provide only about 30 percent of the local market with palm oil and the rest coming from smallholder producers.

Small holders can produce enough palm oil, which is used for cooking as well as soaps and lotions, to supply the local and international market if there is adequate government support. Industrial palm oil plantations are problematic because they take away agricultural land from the local population in a context where food security is already a concern. The 2008 hunger strike that affected many parts of Cameroon is one clear indication of the precarious food security situation in the country.

Farmers in villages where Herakles Farms projects are planned have a firm belief that the land earmarked for lease to Herakles belongs to them. Their perception is that their ownership of the land they have occupied for time immemorial is unshaken, considering that the preamble to the Land and Native Rights Ordinance of West Cameroon recognizes customary land ownership. But the 1974 Cameroon land law (enacted after the unification of the French and English parts of the country) only recognizes ownership when land is legally registered and titled, which is hardly the case in most rural communities.

A lot of momentum is being generated by national and international partners against the Herakles Farms oil palm project in Cameroon. The campaign, as a matter of principle, constitutes an effort to preserve human dignity by averting starvation or malnourishment of people living in the project area. This message must be spread far and wide.

Some villages like Fabe, Masaka, Mbimaand Mundemba, have sent letters to local administrative authorities protesting against this project. Concrete scenarios feared by the population of the project zone are that they will lose land for cultivating their staple foods like cassava and cash crops like cocoa, and that they will lose forest area for harvesting non timber forest products like spices, njansa, bush mango, bitter kola, and medicinal herbs.

Becoming laborers for a multinational company gives them no time to work on their own farms to provide for their families. At the same time, the plantation may lead to the emergence of a local market economy with higher food and oil palm prices, disrupting the independent subsistence way of life villagers have known for ages.

As Nasako Besingi, a farmer and civil society activist at the forefront of the campaign against the Herakles Farms project in Cameroon, declared in his award ceremony speech in December of 2012, “We have to work to put an end to this type of project in order to prevent a looming crisis.”

Communities explore alternatives to industrial palm oil development

Large-scale oil palm plantations have existed in SW Cameroon for decades, but have brought little in the way of development.

Large-scale oil palm plantations have existed in SW Cameroon for decades, but have brought little in the way of development.

 

In forest communities across Cameroon and the Congo Basin people want development — quality roads, clean water, electricity, the ability to earn a decent living and access to education, among other things.  Promoters of palm oil projects would like people to believe that ceding their lands to corporations for large-scale industrial plantations will put them on the road to development.

What communities don’t get are the facts.  They hear little about the true costs and benefits of giving up their land for industrial plantations. Nor can communities easily get information about the alternatives to plantation agriculture. Although communities may get the impression that they must choose forests or development, industrial agriculture or poverty, this is not true. Nor is it clear that industrial palm oil development will lead people out of poverty or increase food security.

Greenpeace Africa and Cameroonian NGO ACDIC (Association Citoyenne pour la Defense des Interêts Collectifs) are working together “to assess how small-scale farming can offer a responsible development path” and on April 16th close to 100 community representatives attended a workshop “to share ideas on how to ensure food security and forest protection…and identified technical support for farmers, access to land, and producing food locally for local consumption as some of the key factors in achieving this.”

Read more about the initiative here: Food Security and Forest Protection in Cameroon and on the Greenpeace Africa blog.

 

A fact-finding mission to Herakles Farms

Mokango community gathered around food and beer provided by Herakles Farms (SGSOC) to settle land negotiations. Photo: PSMNR. To outsiders, beer and food may look like nothing more than a kind gesture. But in a region where a bottle of beer is an unaffordable luxury for many, providing beer and food during negotiations is a questionable practice.

Mokango community gathered around food and beer provided by Herakles Farms
(SGSOC) to settle land negotiations. Photo: PSMNR. To outsiders, beer and food may look like nothing more than a kind gesture. But in a region where a bottle of beer is an unaffordable luxury for many, providing beer and food during negotiations is a questionable practice.

 

If you want to understand the problematic nature of palm oil development in Cameroon, there’s a must-read report now available online.

The Programme for the Sustainable Management of Natural Resources (PSMNR), a German government-supported program of Cameroon’s Ministry of Forestry and Wildlife, has published the results of its February 2013 fact-finding mission to the Herakles Farms palm oil development area.  The team’s findings paint a damning picture of the so-called “sustainable” and “environmentally benign” project. The report details illegality, corruption, inadequate community consultation and insufficient environmental protection across the concession area.

The report is available on the Cameroon Veritas website. Cameroon Veritas is the go-to source for reports and documents related to the Herakles Farms project (including a leaked copy of the project’s Establishment Convention).

Greenpeace has published several reports on the project, including one in collaboration with the Oakland Institute. The Center for the Environment and Development and RELUFA, two Yaounde-based organizations, have also published reports on the Herakles Farms project. The company has attacked these reports, dismissing them as uninformed and biased. This latest report, prepared by recognized experts on behalf of a governmental program, will be hard for Herakles Farms to dismiss out of hand. This is not the work of “activists,” but a detailed account of an official mission.

The report describes the fact-finding mission’s methodology, which included open discussions with community representatives in villages throughout the concession area (the villages and participants are included in the report):

The team explained that PSMNR wasn’t against Herakles Farms (SGSOC) project but wanted to ensure that the community was fully aware of what they were negotiating. These sessions were organized to enable communities to reflect and take a better informed decision towards the Herakles Farms (SGSOC) project and better negotiate with the company. For those who have already entered into the negotiation process, the team provided recommendations on what bases to re-negotiate the agreement which can better contribute to their development and to the conservation of their natural and social environment. 

Some of the report’s findings:

In Nguti Sub-Division, Herakles Farms (SGSOC) is currently opening the first 2500 ha plantation block…. About 600ha of this first block already falls outside Herakles Farms (SGSOC) proposed concession limit covered by their Environmental Social Impact Assessment (ESIA) 

The negotiation is not transparent and also differs from one village to another. SGSOC negotiation methods are clearly not respecting “Free Prior and Informed Consent” process (FPIC) principles. “FPIC implies that communities have the right to decide whether they will agree to the project or not once they have a full and accurate understanding of the implications of the project on them and their customary land”. Communities should be informed on what is a large scale plantation, on the positive and negative impacts of Herakles Farms (SGSOC) project in the short, medium and long term. Communities should also be made aware of other development models and on the contribution of the forest to their livelihood.

During the negotiation sessions the Communities are convinced to concede as much land as possible without taking into account their own future development needs. The agreed maps showing the surface area conceded are then signed by the village Chiefs on behalf of the traditional council and later on by local government officials. The Communities are obviously neither prepared nor equipped for such technical negotiations with Herakles Farms (SGSOC) experts since they don’t master land use mapping and land negotiation processes. Some chiefs have declared that they did not realize what they were getting into and are now trying to renegotiate with SGSOC.

The report also notes that 1000 ha of oil palms in Cameroon will generate approximately 3.75 billion FCFA per year (approximately US$ 7.5 million), but that the company will give less than 3 million FCFA per year (approximately US$ 6,000) to communities that are ceding thousands of hectares of their lands.

The report adds that, “most of the villages would obtain more money with REDD+” than what the company will pay. And, of course, “with REDD+, those villages would still enjoy their customary rights and would still benefit from the environmental services provided by the forest.”

Read the full report online here: Fact finding mission on Herakles Farms (SGSOC) oil palm plantation project, February 2013

Cameroon Veritas provides a valuable public service in a country where land and extractive industries deals are notoriously opaque.

Land giveaways: “quick-fix” development?

Forest clearing, Herakles Farms development, Southwest Region, Cameroon.

Forest clearing, Herakles Farms development, Southwest Region, Cameroon.

There are certainly many paths to economic development, but as Samuel Nguiffo points out in a recent Al Jazeera opinion piece,  signing away vast expanses of land to foreign investors — the “quick-fix” approach — is a high-risk “development” plan.

Nguiffo, Founder and Secretary General of the Center for the Environment and Development (CED) in Yaounde, Cameroon, is a tireless advocate for the communities who are rarely consulted — and sometimes not even informed — before their lands are taken away for logging, mining or large-scale agricultural projects. Nguiffo’s work, like that of Marc Ona in Gabon, has been recognized and honored internationally. Nguiffo was awarded the Goldman Environmental Prize in 1999 for his efforts on behalf of Cameroon’s rainforest and forest-dwelling communities. (And, like Ona, Nguiffo also faces lawsuits and intimidation at home.)

In the 1990s Nguiffo focused his attention on logging and the proposed Chad-Cameroon oil pipeline project (the pipeline has been operational since 2003). Today, the threats are multiplied, with numerous mining and palm oil projects in development.

There’s nothing inherently wrong with mining or large-scale agriculture, but as Nguiffo writes, the reality today is that “governments are giving away land that belongs to the people who live on the land, determining their future with neither consultation nor consent.”

Like all get-rich-quick schemes, there are lots of dollar signs and promises that dazzle local decision makers. Of course some people do get rich. Unfortunately, though, it’s not those whose lands are seized by the state and handed over to foreign investors.  And, more often than not, the host governments sign away land for far less than it’s worth, and agree to deals that they later regret, but can’t change as their negotiating teams were no match for multinational corporate contract attorneys.

In the case of the Chad-Cameroon pipeline, for example, Cameroon signed a deal with Exxon Mobil that allowed the company to build an offshore marine loading terminal and a pipeline across 900 kilometers of the country, including hundreds of kilometers of fragile forest zones, for nothing more than a transit fee — of less than 50 cents a barrel. The government has tried several times to renegotiate that bad deal, to no avail. Some people got rich; most people just live with the threat of spills.

 

Samuel Nguiffo is currently being sued by the government of Cameroon for tarnishing the state's reputation when he advocated against an oil palm plantation concession.

Samuel Nguiffo is currently being sued by the government of Cameroon for tarnishing the state’s reputation when he advocated against an oil palm plantation concession.

‘Quick-fix’ development gives away more than it gets back

The “land grabbing” in Africa and elsewhere often triggers conflict, an underreported financial risk.

by Samuel Nguiffo

In Cameroon, as in many African countries, the question of economic development is not just an abstract concept. Rural communities, mostly consisting of subsistence farmers struggling to feed their families, welcome the possibility of brighter prospects.

But instead of leading to greener pastures, economic development too often consists of large-scale projects that take away property and community land, leaving farmers with little compensation. Their governments – often the ones who sold the land – either look the other way or play the role of enforcer. If the communities are compensated, it is hardly adequate, and the few resulting jobs do not pay enough to make up for the permanent loss of livelihood and way of life.

In Southwest Cameroon, for example, New York-based Herakles Farms plans to clear 73,000 hectares for an oil palm plantation that the local communities are protesting. Once the land is cleared of their crops and the surrounding forest, they will have nothing – and nothing to lose by contesting this development.

Yet the financial media is full of reports of new large-scale land transactions. An aluminium mine in Northern Cameroon, supported by a hydropower plant and two railroads, would bring the country $4bn in investment from companies in the US, Dubai and India.

An iron mine in Southeast Cameroon, being bought by a Chinese firm planning to build port facilities and a railroad, would bring $4.7bn into the country.

And an even bigger oil palm plantation, developed by an Indian conglomerate, is expected to transform the landscape of over 200,000 hectares, a development worth more than $1.7bn.

The desire for these projects is understandable: the world needs more minerals and food, governments need revenues, and local people want jobs. But by encouraging such investments and thousands more like them around the world, governments are giving away land that belongs to the people who live on the land, determining their future with neither consultation nor consent.

Giveaways trigger land-based conflicts 

This has become known as the “land grab”, but it might be better called the “great land giveaway”. Governments, eager to capture the cash promised by large-scale agriculture, timber, or mining operations, all too willingly hand over their only resources to large multinational corporations to catalyse development. But in reality it is not the “quick-fix” they were hoping for.

Instead these projects often trigger community resistance, and governments often respond to those standing in the way of these deals with an onslaught of legal harassment, violence and worse. For example, after objecting to the actions of Herakles, the palm-oil producer, Nasako Besingi and four other Cameroonian advocates were jailed for three days in November 2012. Other activists have faced longer prison sentences. Fa’a Embolo, a village leader from Central Cameroon, spent four months in jail; in other countries they have been beaten and killed.

These stories are repeated across Africa, as weak governance and a lack of legal recognition and support for customary rights continue to inhibit any real progress.

Michael Richards, a natural resources economist, authored a report recently for the Rights and Resources Initiative examining 18 large-scale African land acquisitions in the agriculture sector. He concluded that the local communities had been lied to, subjected to coercion or political pressure, or tricked with documents that were either falsified or misleading. In 17 out of 18 cases, Richards said, local communities would have said no to the land transfers, if they had been given the information needed to make an informed decision.

Risks to investors 

But the communities and their defenders are not alone in facing risks. After the inevitable pushback from the communities whose land has been sold out from under them, a growing number of investors have lost more than they have gained. This financial risk is completely underestimated and underreported despite the widespread havoc it can wreak on corporate balance sheets.

One of the world’s largest palm oil producers, Sime Darby, was forced to suspend the development in 2012 of a planned 220,000-hectare oil palm and rubber plantation in Liberia because of protests on the part of local communities that claimed the land under customary law.

In Cameroon, by clearing rain forest and other illegally occupied lands and then arresting protesters who trespass onto the land, palm-oil producer Herakles has become the subject of a global advocacy campaign that has tarnished its reputation. The impact on the company’s bottom line has not been assessed, but the project delays do not come cheaply.

And the story does not end in Africa.

In India, Vedanta’s failed aluminium mining venture led to a negative financial outlook rating from Standard & Poor’s and other agencies. In Chile, a failed hydropower project forced SN Power to write off $23m. And in Bolivia, a failed highway project cost the national government a $332m development grant from a Brazilian development bank.

The assumption behind such investments is that they will provide rapid growth in the host countries. While in some ways effective, this “quick-fix” development exacerbates a growing gap between the rich and the poor and multiplies the risk of conflict.

These land-based conflicts could well begin to take the glow off the investment picture for the companies involved and those that finance them. But the growing appetite for land – and the growing speed of land acquisitions – means that tenure problems and the financial risks associated with them are not going to disappear.

Rather than giving away land and resources to companies to the detriment of their citizens, African governments – Cameroon included – must respect the rights of citizens and let them negotiate with investors on their own terms. And the companies themselves should be asking who owns the land they obtain on such good terms.

To do otherwise is ultimately too high a risk, not just for advocates, but also for investors, communities, and the governments themselves.

Samuel Nguiffo is currently being sued by the government of Cameroon for tarnishing the state’s reputation when he advocated against an oil palm plantation concession.