Labour rights in special economic zones : between unilateralism and transnational law diffusion

Special economic zones (SEZs) have spread rapidly over the past 20 years, including in many low- and middle-income countries keen to attract private investment for industrial development. But while much debate has focused on their economic performance and success factors and on links with the wider architecture of international economic law, there are enduring concerns over respect for labour rights in SEZs. These concerns are partly rooted in features of the legal regimes that underpin SEZs, such as arrangements that qualify the application of ordinary labour law, or ineffective systems to ensure compliance. This article discusses the law governing labour rights in SEZs, drawing on the case studies of Bangladesh, Ethiopia, and Kenya-three countries reflecting different generations of SEZ legislation, types of SEZs, and regulatory approaches. The article explores the complex interplay of different 'unilateral' and international legal regimes, the structural features that affect labour rights in SEZs, and possible ways forward for research and practice

Understanding and informing decisions on Sustainable Agricultural Intensification in Sub-Saharan Africa

Sustainable Agricultural Intensification (SAI) was initially defined as increasing agricultural production without adverse environmental impacts and without increasing the area under agriculture. Overtime the concept has been broadened to integrate social, economic, and environmental components of sustainability, each of which covers multiple facets or indicators of performance. It is recognized however that it may not be possible to optimise all these aspects of sustainability simultaneously and that trade-offs between them are likely to occur, although synergies are also possible. There has been disagreement over how to achieve SAI, with some proposing that only an “agroecological” intensification pathway delivers sustainability. Others take a broader perspective arguing that all aspects of ecological, genetic, and socio-economic intensification need to be considered, but then assessed in terms of the sustainability of the outcomes. A major concern is that intensification that focuses on agricultural technology can lead to inequitable outcomes for women and poorer households, while agroecological intensification building upon local capitals is generally considered more equitable. Understanding the potential outcomes and inherent trade-offs of different approaches requires interdisciplinary research, evidence and decision-making tools, some examples of which are presented in this Special Issue

Testing Claims about Large Land Deals in Africa: Findings from a Multi-Country Study

Despite much research on large land deals for plantation agriculture in Africa, reliable data remain elusive, partly because of limited access to information and practical and methodological challenges. International debates are still shaped by misperceptions about how much land is being acquired, where, by whom, how and with what consequences. This article aims empirically to test some common perceptions through an analysis of findings from research conducted in three African countries: Ethiopia, Ghana, and Tanzania. The article presents new evidence on the scale, geography, drivers and features of land deals, relates findings to data from earlier research and international efforts to monitor land deals, and outlines possible ways forward for ongoing monitoring of the deals

Plantations, outgrowers and commercial farming in Africa: agricultural commercialisation and implications for agrarian change

Whether or not investments in African agriculture can generate quality employment at scale,avoid dispossessing local people of their land,promote diversified and sustainable livelihoods, and catalyse more vibrant local economies depends on what farming model is pursued. In this Forum, we build on recent scholarship by discussing the key findings of our recent studies in Ghana, Kenya and Zambia. We examined cases of three models of agricultural commercialisation, characterised by different sets of institutional arrangements that link land, labour and capital. The three models are: plantations or estates with on-farm processing; contract farming and outgrower schemes; and medium-scale commercial farming areas. Building on core debates in the critical agrarian studies literature, we identify commercial farming areas and contract farming as producing the most local economic linkages, and plantations/estates as producing more jobs, although these are of low quality and mostly casual. We point to the gender and generational dynamics emerging in the three models, which reflect the changing demand for family and wage labour. Models of agricultural commercialisation do not always deliver what is expected of them in part because local conditions play a critical role in the unfolding outcomes for land relations, labour regimes, livelihoods and local economies

Women’s Access to Land and Economic Empowerment in Selected Nigerian Communities

Despite various land policies that prescribe rights to land in many societies, women remain marginalized in access to and economic utilization of land. This is widespread in rural communities where informal institutions such as customs and traditions subsist. In most of these communities, the patriarchal structure of families is championed by the informal institutions that support male dominance. This study focuses on economic empowerment of women as it encapsulates sustainable wealth of women. It provides answers to two main research questions: a) what kind of relationship exists between land access and empowerment of women? And b) how important are individual and household attributes in informing women’s empowerment through land rights? The empirical results of this study provide some new insights as they demonstrate how land rights influence women’s economic empowerment. The study also finds that women’s earning capacity reduces when they take up the responsibility of becoming the heads of households and that their income increases as they become more educate

Institutions and governance of communal rangelands in South Africa

The creation of local institutions with a mandate over land access and control is seen as a prerequisite for successful decentralisation of land tenure and effective local resource management in sub-Saharan Africa. However, with land tenure reform in South Africa currently at a state of legislative impasse, real uncertainty now exists over land rights and governance of rangeland in many communal areas. This paper draws on case study material from Eastern Cape province to illustrate how this ongoing uncertainty has resulted in the operation of a range of traditional authority and civil society institutions in different communal areas with varying degrees of legitimate authority over land administration and highly variable performance in managing rangeland resources. Collective management of rangeland resources seems most difficult in environments where land rights are contested because of the coexistence of traditional leaders and civil society institutions. On this basis an approach to tenure reform is advocated, which vests all powers over local land administration in democratically elected and accountable civil society institutions. Some successful examples of this already exist and might serve to guide policy formation, which must be flexible enough to accommodate collective management approaches that emphasise cooperation both within and between communities.Keywords: common property, land tenure, natural resource management, traditional leadersAfrican Journal of Range & Forage Science 2013, 30(1&2): 77–8

The new enclosures: critical perspectives on corporate land deals

The contributions to this collection use the tools of agrarian political economy to explore the rapid growth and complex dynamics of large-scale land deals in recent years, with a special focus on the implications of big land deals for property and labour regimes, labour processes and structures of accumulation. The first part of this introductory essay examines the implications of this agrarian political economy perspective. First we explore the continuities and contrasts between historical and contemporary land grabs, before examining the core underlying debate around large- versus small-scale farming futures. Next, we unpack the diverse contexts and causes of land grabbing today, highlighting six overlapping mechanisms. The following section turns to assessing the crisis narratives that frame the justifications for land deals, and the flaws in the argument around there being excess, empty or idle land available. Next the paper turns to an examination of the impacts of land deals, and the processes of inclusion and exclusion at play, before looking at patterns of resistance and constructions of alternatives. The final section introduces the papers in the collection.ESR

Territorial rights and colonial wrongs

What is wrong with colonialism? The standard—albeit often implicit—answer to this question has been that colonialism was wrong because it violated the territorial rights of indigenous peoples, where territorial rights were grounded on acquisition theories. Recently, the standard view has come under attack: according to critics, acquisition based accounts do not provide solid theoretical grounds to condemn colonial relations. Indeed, historically they were used to justify colonialism. Various alternative accounts of the wrong of colonialism have been developed. According to some, colonialism involved a violation of territorial rights grounded on legitimate state theory. Others reject all explanations of colonialism's wrongfulness based on territorial rights, and argue that colonial practices were wrong because they departed from ideals of economic, social, and political association. In this article, we articulate and defend the standard view against critics: colonialism involved a procedural wrong; this wrong is not the violation of standards of equality and reciprocity, but the violation of territorial rights; and the best foundation for such territorial rights is acquisition based, not legitimacy based. We argue that this issue is not just of historical interest, it has relevant implications for the normative evaluation of contemporary inequalities

Integrating place-specific livelihood and equity outcomes into global assessments of bioenergy deployment

__Abstract__ Integrated assessment models suggest that the large-scale deployment of bioenergy could contribute to ambitious climate change mitigation efforts. However, such a shift would intensify the global competition for land, with possible consequences for 1.5 billion smallholder livelihoods that these models do not consider. Maintaining and enhancing robust livelihoods upon bioenergy deployment is an equally important sustainability goal that warrants greater attention. The social implications of biofuel production are complex, varied and place-specific, difficult to model, operationalize and quantify. However, a rapidly developing body of social science literature is advancing the understanding of these interactions. In this letter we link human geography research on the interaction between biofuel crops and livelihoods in developing countries to integrated assessments on biofuels. We review case-study research focused on first-generation biofuel crops to demonstrate that food, income, land and other assets such as health are key livelihood dimensions that can be impacted by such crops and we highlight how place-specific and global dynamics influence both aggregate and distributional outcomes across these livelihood dimensions. We argue that place-specific production models and land tenure regimes mediate livelihood outcomes, which are also in turn affected by global and regional markets and their resulting equilibrium dynamics. The place-specific perspective suggests that distributional consequences are a crucial complement to aggregate outcomes; this has not been given enough weight in comprehensive assessments to date. By narrowing the gap between place-specific case studies and global models, our discussion offers a route towards integrating livelihood and equity considerations into scenarios of future bioenergy deployment, thus contributing to a key challenge in sustainability sciences