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12 J. Food L. & Pol'y 141 (2016)
Agricultural Investments: The New Frontier of Human Rights Abuse and the Place of Development Agencies

handle is hein.journals/jfool12 and id is 153 raw text is: 








       AGRICULTURAL   INVESTMENTS:  THE NEW  FRONTIER OF HUMAN
       RIGHTS ABUSE AND THE PLACE OF DEVELOPMENT   AGENCIES

                             Smith Otieno*

I. INTRODUCTION       ..................................................141
II. THE PROBLEM OF FOOD  INSECURITY.................       .........142
III. LAND RIGHTS SITUATION IN KENYA AND UGANDA..        ............144
IV. LAND GRABBING  FOR AGRICULTURAL   PROJECTS: TRENDS AND
   ACTORS...................................................147
V. CASE  STUDIES.       ...................................... .......150
   A. Uganda: Land  Grabbing by Palm Oil Producers...  ...  .......150
        1. Land Rights Violations. ....................     .......152
        2 Economic  Exclusions.............................153
        3. Other Environmental Injustices.......  ..................154
    B.  Kenya.        ..................................   ........155
VI. HUMAN   RIGHTS IMPLICATIONS FOR DEVELOPMENT   AGENCIES........156
    A. Human  Rights Due Diligence....       .....................158
    B. Contractual Approaches.........................161
VII. CONCLUSION       ...................................................162


                            I. INTRODUCTION

     Food security remains a concern in many countries. The fact that the
global population is constantly increasing translates to an increased demand
for food to meet the nutritional needs of the populace. Climate change has
further exacerbated the situation as productivity of farms in many parts of
the world has dwindled. New techniques have been devised for agriculture
to meet nutritional needs, among others, with a concomitant demand for land
to facilitate the establishment of large farms. Acquisition of land continues
to occur in different areas including places where land tenure insecurity is
replete. Communities in these areas have been forced to relinquish ancestral
claims to their lands and move elsewhere to pave way for the establishment
of large farms. Some of these agricultural investments have been financed
by donor agencies that have partnered with governments. Kenya and Uganda
are key examples where multilateral donor agencies have funded large scale


   * Smith Otieno, LL.B (University of Nairobi) LL.M (Loyola University Chicago).


141

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