State Complicity in business-related human rights abuses: Analysing the State’s failure in protecting Land rights in Africa

Abstract

African governments have been under pressure to develop their economies and as such have opened up their resources to all forms of FDI. In this regard, the continent continues to be the foremost destination for foreign direct investment (FDI) and notably, land is and has historically been the resource at the heart of these investments.

These investments are causing a huge commercial pressure on land and other natural resources, resulting in large-scale land acquisitions by foreign corporations. These acquisitions, better known as ‘land grabs’ are not a new phenomenon, because land grabs in Africa date back to pre-colonial times and evolved during colonial rule but they have risen once again, in the post-colonial state, in what has been termed the new scramble for Africa.

Land grabs are characterised by complex relations, amongst numerous actors and African states play the role of a mediator between the different prospective and existing investors (transnational corporations), and citizens whilst at the same time trying to pursue its national developmental goals. While the states facilitation of FDI is important to drive economic development, the current model impacts negatively on land rights in the communities where these investments occur. Research from various countries across the continent show that land grabs are a serious challenge for rural populations in Africa resulting in the violations land rights of these populations.

Most research around land grabs has concentrated on the influence of foreign investors, however, it must be acknowledged that land grabs cannot occur without, and are facilitated by states. Therefore, the role of states or governments cannot be ignored. In this regard, this research focuses on the role of states in land grabs in Africa and how they undermine land rights.