Land Grabbing for Palm Oil in Sierra Leone - Case Report 2019 - FIAN Belgium
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Case Report 2019
Land Grabbing
for Palm Oil in
Sierra Leone
Analysis of
the SOCFIN
Case from
a Human
Rights
Perspective
Authors: Michael Phoenix, Florence Kroff and Manuel Eggen – FIAN Belgium Cover, typesetting, layout and illustrations: Cécile Van Caillie (Carambolage) Proofreading: Katie Whiddon Printing: Manufast Photos (unless otherwise noted): © FIAN Belgium Cover photo: © Maja Hitij Some of the pictures used in this report are from the photographic reportage made by Maja Hitij in 2015 in Sierra Leone under the title: Palm oil in Sierra Leone. Thank you. Publication date: February 2019 This publication has been produced with the financial support of the Belgian Development Cooperation and the Wallonia- Brussels Federation (Fédération Wallonie-Bruxelles). The content of this report does not reflect the official opinion of these institutions. Responsibility for the information and views expressed in the report lies entirely with the authors. Reproduction © Contents of this publication may be quoted or reproduced, provided that the source of information is acknowledged. The publishers would like to receive a copy of the document in which this report is used or quoted. Responsible editor: Priscilla Claeys, FIAN Belgium, Rue Van Elewijck, 35, 1050 Brussels
Land Grabbing for Palm Oil in Sierra Leone Analysis of the SOCFIN Case from a Human Rights Perspective
Table of Contents
LIST OF ACRONYMS 6 FIAN’S MANDATE 7 EXECUTIVE SUMMARY 8 1. INTRODUCTION 14 1.1. FOOD AND AGRICULTURE IN SIERRA LEONE 15 1.2. GOVERNANCE AND LAND GRABBING IN SIERRA LEONE 16 2. THE MALEN CASE 18 2.1. THE MALEN CHIEFDOM 19 2.2. THE ARRIVAL OF SOCFIN 20 2.3. COMMUNITY OPPOSITION 25 2.4. FAILED DIALOGUE 26 2.5. CONTEXT FOLLOWING THE 2018 ELECTIONS 27 2.6. CONFLICT ESCALATION THROUGHOUT 2019 28 3. HUMAN RIGHTS ANALYSIS 30 3.1. HUMAN RIGHTS OBLIGATIONS 31 3.1.1. The Right to Food and Access to Land and Natural Resources 32 3.1.2. The Right to a Healthy Environment 36 3.1.3. The Right to Water 39 3.1.4. The Right to Decent Work and Fair Employment 43 3.1.5. The Right to Education 50 3.1.6. The Rights of Women 51 3.1.7. Civil and Political Rights and the Protection of Human Rights Defenders 52 3.2. OBLIGATIONS ARISING FROM THE TENURE GUIDELINES 56 3.2.1. Participation, Consultations and Free, Prior and Informed Consent (FPIC) 57 3.2.2. Transparency and Corruption 60 3.2.3. Compensation, Resolution and Restitution 62 3.2.4. Responsible Investment 65 4. CONCLUSIONS 72 5. RECOMMENDATIONS 74 BIBLIOGRAPHY 80
List of Acronyms
ACHPR - African Charter on FFM - Fact-finding mission NGOs - Non-governmental
Human and Peoples’ Rights organizations
FPIC - Free, prior and informed
CEDAW - UN Convention on consent NLP - Sierra Leone National Land
the Elimination of Discrimination Policy 2015
Against Women GOSL - Government of Sierra
Leone OSD - Special Operations Unit
CESCR - UN Committee on of the Sierra Leone Police for the
Economic, Social and Cultural HRC - Human Rights Commission Malen Chiefdom
Rights of Sierra Leone
SAC - SOCFIN Agricultural
CFS - UN Committee on World ICCPR - UN International Company Sierra Leone Ltd
Food Security Covenant on Civil and Political
Rights SLIEPA - Sierra Leone Investment
CRC - UN Convention on the and Export Promotion Agency
Rights of the Child ICESCR - UN International
Covenant on Economic, Social Tenure Guidelines - Voluntary
CSR - Corporate social and Cultural Rights Guidelines on Responsible
responsibility Governance of Tenure of Land,
LUC - Local Unit Commander of Fisheries and Forests in the
EIA - Environmental Impact the Sierra Leone Police Context of National Food Security
Assessment
MAFFS - Sierra Leone Ministry of UN - United Nations
EISHIA - 2011 Environmental, social Agriculture, Forestry and Food
and health impact assessment Security UNDP - United Nations
carried out by STAR Consult on Development Program
behalf of SOCFIN MALOA - Malen Affected
Land Owners and Land Users UNESCO - United Nations
EPA - Environmental Protection Association Educational, Scientific and
Agency of Sierra Leone Cultural Organization
MoU - Memorandum of
FAO - Food and Agriculture Understanding and Agreement 24 YASAC - Youth Affected by SAC
Organization of the United Nations September 2012
WFP - World Food Program
Land Grabbing for Palm
Oil in Sierra Leone
6
FIAN’s Mandate
FIAN international is an In pursuit of this vision, FIAN In view of the involvement of
international human rights follows a case-based human a Belgian non-state actor in
organization that has advocated rights approach by documenting their case, and the clear and
for the realization of the right to and analyzing concrete violations legitimate request for support
adequate food for more than 30 of the right to food. FIAN identifies from organized communities, FIAN
years. and addresses human rights Belgium has closely followed the
violations, interviews people Malen case since 2012.
FIAN’s mission is to expose threatened or affected by
violations of people’s right to violations of their right to food, This support has taken the form
food wherever they may occur. and verifies the facts of a situation. of three fact-finding missions
We stand up against unjust and Face-to-face contacts with local in the Chiefdom, an in-depth
oppressive practices that prevent counterparts are established and and updated human rights-
people from feeding themselves. serve as a basis for trustful co- based analysis, raising human
The struggle against gender operation. rights violations and abuses
discrimination and other forms with authorities in Sierra Leone,
of exclusion is integral part of On the request of those affected, Belgium and Europe, support
our mission. We strive to secure FIAN reacts quickly, analyses for affected communities in
people’s access to the resources cases, and mobilizes members their claims, media work, the
that they need in order to feed and supporters worldwide. organization of advocacy tours in
themselves, now and in the future. Violations are also followed-up Europe, and close cooperation
FIAN envisions a world free from in long-term casework. In close with relevant local, national and
hunger and malnutrition, in which co-operation with the affected international organizations working
every person fully enjoys all human communities, FIAN persistently on the case.
rights, particularly the human right approaches the responsible
to adequate food and nutrition, authorities and identifies breaches This report forms an integral
alone, in association with others, of obligations flowing from the part of this support. It is
or as a community, in dignity and right to food. based both on FIAN Belgium’s
self-determination. investigative work, and on existing
In 2011, FIAN Belgium was reports and publications from
approached by communities intergovernmental organizations,
in the Chiefdom of Malen, a academics, journalists, NGOs and
Southern province of Sierra Leone, local organizations.
with a request for support.
Land Grabbing for Palm
Oil in Sierra Leone
7
Executive
Summary
Since the arrival of multinational of transparency and non-
agribusiness company SOCFIN implementation of corporate
in 2011 as part of a large-scale social responsibility promises by
investment in palm oil in the SOCFIN.
Southern Province of Sierra
Leone, social conflict has raged The report paints a grim picture
in the Malen Chiefdom. SOCFIN of a profound, multi-faceted
is controlled by a Belgian decline in the enjoyment of rights
businessman (Hubert Fabri) and by local communities as a direct
the French group Bolloré, which result of the shift in control over
has developed a business empire land in Malen, and the subsequent
in many parts of Africa. development of SOCFIN’s
activities in the Chiefdom.
This report found that affected
communities who have lost The report is based on three fact-
access to and control over their finding missions carried out by
land have been exposed to FIAN Belgium in collaboration with
serious human rights violations local and national organizations,
and abuses since 2011. Several in 2012, 2016 and 2018. It
issues emerged, spanning from analyses the land conflict in
the rights to land, food, water and Malen Chiefdom from a human
a healthy environment, to workers’ rights perspective, exploring
rights, women’s rights, the rights the extent to which human rights
of the elderly and the right to are respected, protected and
education. Added to this are fulfilled, and the extent to which
serious violations and abuses of states and non-state parties
civil and political rights, including have upheld obligations arising
the rights to peaceful assembly from international human rights
and association, physical integrity instruments. It also draws on
and clear cases of criminalization existing reports and publications
of human rights defenders. The from international human rights
report also points to serious experts, local and international
Land Grabbing for Palm
allegations of corruption, lack NGOs, academics and journalists.
Oil in Sierra Leone
8
© Maja Hitij
BACKGROUND the communities organized
themselves into the Malen
conditions on the SOCFIN
plantation;
Affected Land Owners and Land -- The destruction of the livelihood
On 3 March 2011, SOCFIN signed Users Association (MALOA), and of landowners in the area;
a lease agreement with the continuously called on the State
government of Sierra Leone to -- The destruction of the area’s
of Sierra Leone and SOCFIN to
acquire 6,500 hectares of land ecosystems and the negative
recognize and counteract the
in the rural chiefdom of Malen, impact on its biodiversity.
negative impact of the land deal
in southern Sierra Leone. This and the company’s activities In response, different state
followed a prior agreement on their human rights. Their authorities took several initiatives
signed by the local Paramount grievances include: in an attempt to find a solution
Chief and 26 landowners to cede to the conflict. These efforts,
their land to the government -- A lack of consultation with however, proved unsuccessful,
through the Ministry of Agriculture. landowners prior to the largely due to a lack of political
These agreements marked the first agreement of the land lease; will. The change in government
step in the large-scale seizure -- Pressure, intimidation and following the 2018 elections
of land by SOCFIN in Malen. In threats aimed at coercing brought renewed hope for
subsequent years, following two landowners to sign over their the conflict’s resolution since
other lease agreements, the land; the resolution of Malen’s land
company has taken control of a conflict was part of the new
-- A lack of transparency and
total of 18,473 hectares of the president’s electoral promises.
high levels of corruption in the
Chiefdom’s 27,000 hectares of A new mediation process was
land acquisition process and
land, transforming over 12,000 initiated under the auspice of the
afterward;
hectares into industrial palm oil Vice-President. Unfortunately,
-- Inadequate compensation for the conflict has escalated
plantations. This concerns more
land leasing and crops and following a recent violent incident
than 32,000 people living in
non-payment or irregularities of involving security forces, leading
52 villages located within the
annual rental payments; to the killings of two villagers
concession area.
-- The failure of SOCFIN to mark and the consecutive arbitrary
From the outset, the communities boundaries of family land before arrests of community people
denounced the agreement its clearing, which prevents and MALOA leaders. This report
as illegitimate, insisting on communities from reclaiming aims to contribute to solving this
the absence of their active, their land at the end of the conflict by applying the lens of
free, meaningful and informed lease; international human rights law to
Land Grabbing for Palm
consent. In the years that followed -- Extremely poor working the situation.
Oil in Sierra Leone
9
KEY FINDINGS: The Right to a Healthy
Environment: The land lease
The Right to Water: SOCFIN’s
agro-industrial activity poses
changed the way in which land a serious threat to water in the
The Right to Adequate Food in the Chiefdom was used, Chiefdom, risking pollution of
and Nutrition: Communities have transforming a traditional bush- water sources and interference
lost their access to farmland, fallow agricultural system into a with water use, including for
preventing them from growing large-scale industrial palm oil future generations, with concerns
their own food and other cash monoculture. This has had serious stemming from an agreement
crops. Following the arrival impacts on the biodiversity of between the company and the
of SOCFIN, the diversity and fauna and flora in the chiefdom, Government allowing SOCFIN to
quality of food consumed by the leading to a drastic decline in draw unlimited quantities of water
Malen communities dramatically mammal species and medicinal to service its activities in Malen,
decreased. In many households, plants in particular. Communities and to do so at a heavily cut price
the number of meals consumed also report that the use of ($0.00012 per cubic meter). In a
daily dropped from between chemicals and fertilizers in complaint to the EPA in 2013, local
2-3 per day to 1-2. In the SOCFIN’s operations have made communities reported high levels
absence of cash crop sales, swamps in the plantation area of pollution of the Malen River,
higher commodity prices on unsuitable for cultivation. Further along with large numbers of dead
local markets, and increased independent investigation and fish. Despite repeated attempts
expenditures on food, a decrease chemical analysis is necessary by MALOA, no public report or
in household income has resulted in order to assess whether the conclusions were shared with
in lower purchasing power. use of chemical substances by communities.
Promises of mitigation measures SOCFIN complies with national
made by SOCFIN to ensure food law and international standards. The Right to Decent Work and
security are not adequate or Unfortunately State agencies Fair Employment: 32,842 villagers
simply not respected. Villagers are tasked with environmental are estimated to be affected by
complaining about the following: protection – in particular SOCFIN’s activities in the Malen
the ‘buffer zones’ (or ‘green belts’) the Environmental Protection Chiefdom, yet SOCFIN only offers
between plantation and villages Agency (EPA) – lack the human 1,178 permanent job positions.
are not sufficient for gardening and financial resources to What’s more, only a few members
and are usually under the 500m conduct such investigations. of the Chiefdom communities
promised; inland valley swamps As recently raised by the UN are employed in management or
let out to communities are Special Rapporteur on hazardous supervisory positions. In addition
unsuitable for cultivation because substances and wastes in to permanent contracts, SOCFIN
of chemical pollution; the September 2018: “This lack of claims to offer another 2,500 job
smallholder out-grower scheme detail fundamentally obstructs opportunities for casual workers,
(budgeted at $2,608,000) was the ability of the EPA to perform all working under very precarious
never implemented; and other its duties under human rights law, employment conditions. They
alternatives financed by the and fails to respect the rights of usually do not have a proper
company’s corporate social workers and local communities contract and can be laid off at
responsibility program (namely to information, participation any time. Pay is dependent on the
the 600-acre rice project and and remedy. Despite these completion of daily tasks, which
construction of fish ponds) do concerns, Socfin received are described as very difficult
not allow communities to feed an EIA [Environmental Impact to accomplish. Evaluation of
themselves adequately. Assessment] licence”. completion is left to the discretion
of supervisors, and workers report
Land Grabbing for Palm
Oil in Sierra Leone
10© Maja Hitij
frequent cases of corruption. As a Civil and Political Rights and were decisive in convincing
result, average salaries for seasonal the Protection of Human Rights some chiefs and landowners,
local workers at the company Defenders: Opposition to the have never been respected
were between approximately land lease agreement has been or even implemented. These
150,000 and 250,000 Leones systematically criminalized and range from annual payments,
per month, which is far below the repressed by local security and the respect of buffer zones
minimum wage in Sierra Leone services, many times using to the establishment of an out-
(500,000 Leones per month). violence. Acts of arbitrary grower scheme, and long-term
Elderly community members detention and judicial harassment employment opportunities.
are completely overlooked for against MALOA and other
employment. Workers’ strikes community members have been Transparency and Corruption: A
increased in 2018, leading to more denounced by international profound lack of transparency has
tension and further human rights human rights organizations, accompanied the development
violations and abuses. including UN Special Rapporteurs. of SOCFIN’s activities in Malen,
National and international civil seriously restricting the capacity
The Right to Education: society organizations supporting of local communities to assert
Subsequent to the land lease local communities have faced their rights and seek remedies
agreements, family sources of continuous acts of intimidation to the conflict. From the outset,
income either became insufficient by the company and local communities have demanded
to cover education expenses or authorities. The escalation of increased transparency and
– in most cases – ceased entirely. tension in the chiefdom and access to key documents
Families were left with little choice recent violent repression by the relating to the leasing of
but to remove their children from police in January 2019 led to the land, including the land lease
school, with girls commonly the death of two people, dozens of agreements themselves. In
first to be withdrawn. wounded and the arbitrary arrest parallel, irregularities in the
of several people, including one compensation payment process
The Rights of Women: Prior to the and unjustified payments to
leader of MALOA, and MALOA’s
arrival of SOCFIN, the agricultural official representatives and others
former spokesman, a member of
activity of women was of chief have led to repeated accusations
Parliament.
economic importance within of corruption.
communities. As the basis of much Participation, Consultations and
of the social interaction within Free, Prior and Informed Consent Compensation, Resolution and
villages, it also played a key social (FPIC): All available evidence Restitution: The form and levels
role. The changes in access to indicates that the conditions of compensation and payment
and control over land following under which the land lease due to the land owners by the
the lease agreement removed agreement was made did not company in accordance with
the base materials of this activity allow for communities to give the lease agreement, along with
from local women, creating a their free, prior and informed the process for making these
wide economic and social gap in consent. Allegations of coercion payments, have raised serious
communities. Women, especially aimed at gathering signatures concerns from the outset. Firstly,
elderly women, are mostly deemed for the agreement, including the lease agreements provided
unfit for the tasks demanded of through bribes and the presence compensation to landowners
workers on SOCFIN’s plantations, of armed guards at a meeting to for their loss of palm oil crops.
and thus frequently face barriers sign the contract, raise significant This was fixed as a single lump
when it comes to work in all its doubts as to the agreement’s payment of $570/ha. This is very
forms. legality. Some promises, which low considering that SOCFIN
Land Grabbing for Palm
Oil in Sierra Leone
11itself valued the price of one accused of withholding payments (which almost exclusively benefit
hectare of palm trees at $57,120. and engaging in inequitable the company) for more than 1/3 of
Landowners also denounced distribution. Despite the many the total budget, as well as several
that the size of land plots were requests by MALOA and others to expenses with no social interest,
undervalued, and that the loss both SOCFIN and local authorities or which could be related to
of other cash crops was not to obtain lists of payments made corrupt practices. No investment
compensated for. Secondly, it in compensation and annually, has been made to implement the
was agreed that a recurring yearly the communities have never had smallholder out-grower scheme,
rental payment would be paid by access to these lists. one of the company’s primary
SOCFIN. This was set in the lease promises.
agreement at $5 per acre per Responsible Investment: A major
year ($12.5 per hectare), of which gap has emerged between Based on these findings,
landowners would only receive the promises made by the the report makes a series of
50% (20% goes to the chiefdom company in its corporate social recommendations aimed at
authorities, 20% to the district responsibility action plan, and the ending ongoing human rights
and 10% to the government). projects actually implemented, abuses and violations in Malen,
This sum is considered a meager their respective budget and and finding a peaceful solution
amount. Moreover, substantial ultimate impact on the ground. to the conflict. Indeed, it can
problems have been identified The corporate social responsibility be concluded that immediate
throughout the payment process, plan formulated by SOCFIN in steps by all actors must and can
leading to strong accusations 2011 foresaw an expenditure of be taken to provide remedies
of corruption, particularly $16,433,375 for the benefit of for harm suffered by local
at the level of the chiefdom communities between 2011 and communities since the initial land
authorities. SOCFIN is paying 2017. Only $2,583,784 was actually lease agreement, and that such
the amount that was targeted spent for this purpose. This figure, steps, along with others aimed
for landowners (supposedly which represents a mere 16% at providing a stable ground for
$115,456) to the chiefdom of the budget planned for the local communities to enjoy their
authorities who supposedly act social benefit of the communities, rights, are essential to finding a
as intermediaries, but these are includes expenditure on roads resolution to the conflict.
Land Grabbing for Palm
Oil in Sierra Leone
12Land Grabbing for Palm
13 Oil in Sierra Leone
© Maja Hitij© Maja Hitij
Land Grabbing for Palm
14 Oil in Sierra Leone
1. IntroductionIntroductory comment:
In accordance with FIAN’s
policy on publications
involving non-State actors,
the relevant extracts from
this report were sent to
SOCFIN in December
2018, before finalization.
The objective is to enable
1.1. Food and
the company to provide
explanations and details on
the elements included in this
report.
While the company did
not substantively respond
Agriculture
in Sierra Leone
to similar requests in the
past, on this occasion
SOCFIN responded in some
detail1 for the first time in
seven years. The relevant
information provided by
SOCFIN has therefore been The West African country of whom land is the main economic
included in this report, either Sierra Leone is one of the world’s and social asset.
by improving the accuracy poorest nations.2 Over 70% of
of information or by adding its six million people live below The promotion of large-scale
comments in footnotes. the national poverty line of $2 a foreign investment in the
day. As of 2015, approximately agricultural sector has been
one out of every two households made a priority by consecutive
was food insecure, amounting governments in the country,
to almost half of the country’s in the hope that increased
population.3 These households agricultural production may
have insufficient access to food lead to a decrease in poverty.
in sufficient quantity, quality and This has been accompanied
diversity to lead a healthy life. by support from international
partners since the world food
Sierra Leone’s economy is crisis of 2007/2008 (see Box
primarily agricultural. As much as 1). Nonetheless, rural poverty,
60% of the population depend in particular, has remained
on farming for their livelihood and widespread,5 and the food
food needs.4 These are mostly situation has not improved.
small-scale rural farmers, for Between 2010 and 2015, total
food imports primarily coming
from wealthy nations increased
2 Sierra Leone ranks 179th out of 185 countries in a
recent human development index. UNDP. 2016 from $151 million to $387 million.6
Human Development Index. p. 204. Available at: hdr.
undp.org/sites/default/files/2016_human_develop-
ment_report.pdf
3 World Food Programme. State of Food Security in
Sierra Leone 2015. p. 45. Available at: documents.
wfp.org/stellent/groups/public/documents/ena/
wfp288316.pdf?iframe. The WPF uses a “consolidated
approach for reporting indicators of food security”
(CARI). Within this, households are classified into
1. Introduction
one of four categories: food secure, marginally food 5 See IndexMundi. Sierra Leone – Rural Poverty Gap
secure, moderately food insecure, and severely at National Poverty Lines (%). Data from World Bank
food insecure. According to the 2015 report, 49.8% Global Poverty Working Group, compiled from
of Sierra Leone’s households are moderately or official Government sources. Available at: www.in-
severely food insecure. dexmundi.com/facts/sierra-leone/indicator/SI.POV.
4 International Food Policy Research Institute. 2012 RUGP.
1 SOCFIN. “SOCFIN’s response to FIAN’s Draft Global Hunger Index - The challenge of hunger: 6 United Nations Conference on Trade and Develop-
Report extracts made available to SOCFIN ensuring sustainable food security under land, water, ment. State of Commodity Dependence 2016. p.
before publication”. Letter sent to FIAN and energy stresses. p. 35. Available at: www.ifpri. 107. Available at: unctad.org/en/PublicationsLibrary/
Belgium. 09 January 2019. org/publication/2012-global-hunger-index. suc2017d2.pdf.
151.2. Governance and Land
Grabbing in Sierra Leone
According to the FAO, 75% – There have been several attempts Several factors including the
5.42 million hectares (ha) – of to reform the system of land law historic peculiarities of the land
Sierra Leone’s land is arable. in the country.9 The most recent governance system in Sierra
Officially, less than 15% of this came in 2015, with the adoption of Leone, a rising population, and
land is currently under cultivation. a new National Land Policy (NLP). It the use of the bush-fallow system
The Sierra Leone Investment and was launched in 2017 along with a in rural areas have combined with
Export Promotion Agency (SLIEPA) ten-year implementation plan. governmental policies aimed at
(See Box 1) has maintained that: increasing foreign investment
“Sierra Leone has significant If fully implemented, the NLP in agriculture in the country
amounts of arable land, most of would have transformative to create a situation of land
which remains uncultivated, with potential. It seeks to guarantee competition and land scarcity. It is
up to 4 million hectares of arable equal rights to and control over estimated that between 2009 and
land still available for cultivation.”7 land for women, enable access 2012, foreign investors contracted
to independent legal services long-term leases of 50 years with
In contrast with these claims, as for communities negotiating with possible extensions on 1,154,777
early as 2011, studies indicated investors, and secure the tenure hectares of land in Sierra Leone
that the concept of ‘unused’ rights of individuals, families and – approximately 21.4% of the
or ‘uncultivated’ land was communities through a system of country’s total arable land – for
controversial in Sierra Leone. It mapping and title registration,10 large-scale industrial agriculture
was argued that: although this last provision is not projects.12 This should be
without its problems.11 It envisions considered as part of the wider
“At the level of large commercial changes to the systems for pattern of land grabbing which
farm investments, there could surveying and registering land; the has taken place across Sub-
be bankable economic introduction of land commissions; Saharan Africa since the 2008
opportunities in biofuels, palm the creation of land banks; and food crisis, and as being directly
oil and commercial cocoa limiting land acquisitions by connected to increased global
plantations, yet, there is no idle foreign enterprises to areas of demand for biofuels produced
productive land that could easily 5,000 hectares. from sugar cane and palm oil.
be made available for commercial
investment under the current The importance of such changes
patterns of smallholder upland bears upon the links between
cultivation and fallow rotation.”8 access to land, control of land,
Under the bush-fallow agricultural and food needs of individuals,
system traditionally used in families and communities in the
Sierra Leone, land may be left country.
uncultivated for long periods
whilst nevertheless remaining in
use for purposes beyond crop
Land Grabbing for Palm
cultivation.
Oil in Sierra Leone
9 Such as the adoption of the Sierra Leone National
Land Policy in 2005, which was never implemented.
10 See Aidara and Pemagbi. Agriculture Policy in Salone
- Sierra Leone Green Revolution: Prospects for suc-
cess. 2017. Available at: www.osiwa.org/publication/
agriculture-policy-salone/.
7 SLIEPA. “Unique Selling Points of the Agricultu- 11 See Bonanno, A. ““Formalizing Freedom: Land
re Sector”. Available at: sliepa.org/investment/ Tenure Arrangements from the Perspective of Social
agriculture/. Modes of Production”” in Ndi, B. F, Fishkin, B. H and
8 Bald, J and Schroeder, P. Study on rural and agricul- Ankumah, A. T (Eds.) Living (In)Dependence: Critical 12 Baxter, J. Who Is Benefiting? The Social and Econo-
tural finance in Sierra Leone: product innovation and Perspectives on Global Interdependence. 2018. pp. mic Impact of Three Large-Scale Land Investments in
financial access. 2011. p. 12. 115-118. Sierra Leone / A cost-benefit analysis. 2013. p.14.
16BOX 1. LAND ADMINISTRATION
IN SIERRA LEONE IS
THE SIERRA LEONE INVESTMENT AND GOVERNED BY A DUAL
EXPORT PROMOTION AGENCY - SLIEPA SYSTEM OF LAW.
Following the end of the civil war that took place in Sierra Leone The Western Area and the capital
between 1991 and 2002, a change occurred in the approach to Freetown, constituting the area of
agricultural development in the country’s rural provinces. In 2007, the former British colony, operate
with the support of the World Bank13 and the European Union, the under a composite system of pre-
Sierra Leone Investment and Export Promotion Agency (SLIEPA) was independence English common
established.14 Its purpose was to facilitate direct foreign investment law and post-independence
and export development in the country, with a priority placed on statutory law. Land is either
agribusiness.15 The Agency positioned itself as a facilitating body publicly or privately owned.
between investors, the government and local stakeholders.16 It also
advertised land available for large-scale cultivation of crops such as The Provinces, to the North, East
palm oil and sugar cane. and South, previously a British
protectorate, operate under a
SLIEPA’s creation was accompanied by explicit calls for direct dual system of general law and
foreign investment in the country’s agricultural sector. In 2009, at the customary law, of which the
Sierra Leone Trade and Investment Forum in London, the previous latter dominates. The region is
President of Sierra Leone, Ernest Koroma, declared: “Our soils are comprised of 149 chiefdoms.
fertile and our land under-cultivated, offering ideal conditions for Local administration is coordinated
new investments in rice, oil palm, cocoa, coffee and sugar”.17 through Paramount Chiefs and
chiefdom councils, with section-
The call was heard, and bilateral negotiations over land-based
or sub-chiefs. Paramount Chiefs
investment began between Sierra Leone and several states,
are endorsed by the President
including Belgium.18 In 2009, SLIEPA contacted SOCFIN directly to
and rule for life, although they may
see if they would be interested in an oil palm plantation project.19
be removed. Customary laws vary
SLIEPA further offered its services to help identify available land,
between the chiefdoms, and are
and to facilitate the land agreement between SOCFIN and the
mostly unwritten.
Government.
1. Introduction
13 United Nations Conference on Trade and Development. Investment Policy Review: Sierra Leone. 2010. pp. 29
and 61. Available at: unctad.org/en/pages/PublicationArchive.aspx?publicationid=491.
14 Through the Sierra Leone Investment and Export Promotion Agency Act 2007. Available at: www.sierra-leone.
org/Laws/2007-3.pdf.
15 Oakland Institute. World Bank’s Bad Business in Sierra Leone. 2014. Available at: hwww.oaklandinstitute.org/
world-banks-bad-business-sierra-leone.
16 Ochiai, T. Customary Land Tenure, Large-Scale Land Acquisitions and Land Reform in Sierra Leone. 2017. p. 9.
17 Ibid.
18 Ibid.
19 SOCFIN. Supra Note 1.
17GUINEA
2. The Malen
SIERRA LEONE
FREETOWN
BO
MALEN
CHIEFDOM
PUJEHUN
PUJEHUN
DISTRICT
LIBERIA
SIERRA
LEONE
Land Grabbing for Palm
Oil in Sierra Leone
182.1. The Malen
Chiefdom
Malen is one of twelve Chiefdoms agriculture. Farming of diverse
in the Pujehun District in the food crops, with rice as the
Southern Province of Sierra staple, has been combined with
Leone. It is a rural area of fishing from local streams, and
approximately 27,000 hectares foraging and hunting in fallow
situated to the west of the district bush areas. Other crops, including
capital, Pujehun Town. A recent palm oil, coffee and cacao, either
population boom has seen its wild or planted, have also been
numbers grow from 22,090 harvested, with their produce sold
inhabitants in 2004 to 49,263 in by households on local markets
2015.20 The majority of the people to generate small cash incomes.
in the Chiefdom belong to the Testimonies gathered by FIAN
Mende ethnic group, one of the Belgium in fact-finding missions
two major ethnic groups in the to the Chiefdom indicate that
country. under these conditions Malen was
in a stronger position in terms of
The Chiefdom is overwhelmingly food self-sufficiency compared
agriculturally focused, both with other chiefdoms. These
economically and socially. findings are supported by studies
Historically, the local population and reports examining the food
practised low external input situation in the Chiefdom.21
Case
© Maja Hitij
2. The Malen Case
21 Melsbach, G and Rahall, J. Increasing Pressure for
20 Statistics Sierra Leone. 2015 Population and Housing Land: Implications for Rural Livelihoods and Deve-
Census, Summary of Final Results. 2015. pp. 42-43. lopment Actors. A Case Study in Sierra Leone. 2012.
Available at: www.statistics.sl/images/StatisticsSL/ p. 23. Available at: www.fian.be/IMG/pdf/whh_stu-
Documents/final-results_-2015_population_and_ dy_land_investment_sierra_leone_october_2012.pdf.
housing_census.pdf. Baxter. Supra Note 19. pp. 5-6.
192.2. The Arrival
of SOCFIN
On 5 March 2011, a lease of On the same day, the land was
over 6,500 hectares of land sub-let by the Ministry to SOCFIN
in the Malen Chiefdom was Agricultural Company Sierra
signed between the Minister of Leone Ltd. (SAC), a subsidiary
Agriculture, Forestry and Food of the Belgo-Luxembourgish
Security (MAFFS) of Sierra Leone company SOCFIN (See Box 2).
and the Chiefdom’s traditional
authorities. The lease was for a
period of 50 years, renewable
for an additional 25 years. It was The lease was for a period
signed by the Paramount Chief of
the Malen Chiefdom, BVS Kebbie, of 50 years, renewable for an
and 28 landowners.22
additional 25 years.
Land Grabbing for Palm
Oil in Sierra Leone
22 Head Lease Agreement (Zone A) between the Go-
vernment of Sierra Leone and the Malen Chiefdom
authorities. 15 October 2012. Available at: www.
fian.be/IMG/pdf/2012-communities-sl_head-
lease_15oct2012-zone_a_completed.pdf.
20BOX 2
WHAT IS SOCFIN?
SOCFIN is an agro-industrial group specialized in the production of palm oil and rubber The company dates .
back to the colonial era, when it was heavily involved in the exploitation of rubber in the Belgian Congo. With
a 54% share, the Belgian businessman Hubert Fabri is the main shareholder in the Group, followed by the
Bolloré Group, headed by French businessman Vincent Bolloré, who holds a 38.75% share.23 Since 2011, the
Bolloré Group has also been a heavy investor in the port of Sierra Leone’s capital Freetown.24
Globally, SOCFIN controls more than 400,000 hectares of land in a dozen African and Asian countries. In
recent years, the group has acquired new plantations in Guinea, Kenya, Sao Tome and Principe, Liberia,
Cambodia and Cameroon. Between 2009 and 2017, its plantation land increased by approximately 48%, from
129,658 to 192,072 hectares.25 The expansion of the group’s operations has repeatedly been criticized for
abuses of the rights of local populations.26
59% 58%
31/12/2017 SOCFIN
Luxembourg
SOCFINAF 20% 80%
SOCFINASIA
Luxembourg Luxembourg
SOCFINDE
100%
Luxembourg
LAC 93%
19%
Liberia SAC 33% 100%
35% Sierra Leone TERRASIA 48% SOCFIN KCD
Luxembourg Cambodia
65% 87%
35%
SRC BEREBY-FINANCES 30%
100%
Liberia Ivory Coast INDUSERVICES 35% 100%
70% 73%
Luxembourg
20%
SETHIKULA VARANASI
100% 20% Cambodia Cambodia
PSG SCC SOGB MANAGEMENT ASSOCIATES 20%
Ghana Ivory Coast Ivory Coast 15% Luxembourg
15% 100%
PNS LTD
66% 50% 50%
Luxembourg
OKOMU SOGESCOL CAM 100% SOGESCOL FR
Nigeria Cameroon Switzerland
90% 100%
100% 50%
100% SAFA 50% SOCFINCO FR SOCFINDO COVIPHAMA
STP INVEST 69% France Switzerland Indonesia Cambodia
Belgium 50% 50%
88%
SAFACAM SOCFIN GREEN ENERGY
Cameroon
AGRIPALMA Switzerland
50% 50%
São Tomé
CAMSEEDS 0,5% SOCFIN RESEARCH
100% Cameroon Switzerland
99,5%
BRABANTA 50% 50%
67% INDUSERVICES FR
Congo (DRC) SOCAPALM Switzerland
Cameroon 50% 50%
100%
SODIMEX FR
Switzerland
SPFS
50% 50%
Cameroon IMMOB. PEPINIERE
Belgium
50% 50% Holding Companies
CENTRAGES
Belgium Operating
50% 50% companies
SODIMEX
ORGANISATION CHART Belgium Plantations Africa
50% 50%
AVAILABLE ON THE SOCFIN SOCFINCO
Plantations Asia
WEBSITE (WWW.SOCFIN.COM) Belgium
2. The Malen Case
translated by the author
23 See SOCFIN webpage. Available at: www.socfin.com/en/socfin.
24 See Bollore Ports webpage. Available at: www.bollore-ports.com/reseau-mondial/afrique/port-de-freetown-sierra-leone.html.
25 SOCFIN. Sustainable development report 2017. p. 14. Available at: www.socfin.com/sites/default/files/2018-12/RAEB19~1.PDF.
26 See United Nations. Human Rights in Liberia’s Rubber Plantations: Tapping into the future. 2006; FIDH. Land cleared for rubber, Rights bulldozed – The impact of rubber planta-
tions by Socfin-KCD on indigenous communities in Bousra, Mondulkiri, 2011; Sherpa et al vs SOCAPALM/SOCFIN/SOCFINAF. “Complaint for breach of OECD Guidelines for Mul-
tinatioal Enterprises”. Available at: www.oecdwatch.org/cases-fr/Case_202-fr; Bread for all. Struggle for Life and Land: Socfin’s Rubber Plantations in Liberia and the Responsibility
of Swiss Companies, Bern, February 2019. Forthcoming.
21From the outset, local
communities denounced the
lease agreement as illegitimate.
Organizing themselves into the
Malen Affected Land Owners and
Land Users Association (MALOA),
they detailed their concerns in
a letter to the Pujehun District
Authorities on 2 October 2011.
Their grievances included:
-- A lack of consultation with
landowners prior to the
agreement of the land lease;
-- Pressure, intimidation and
threats aimed at coercing
landowners to sign over their
land;
-- A lack of transparency and high
levels of corruption in the land
acquisition process;
-- Inadequate compensation
and the non-payment of
compensation;
-- The failure of SOCFIN to mark
boundaries of family land
before its clearing;
-- Extremely poor working
conditions on the SOCFIN
plantation;
-- The destruction of the
livelihood of landowners in the
area;
-- The destruction of the area’s
ecosystems and the negative
impact on its biodiversity.27
From the outset, local
1
communities denounced
the lease agreement as
Land Grabbing for Palm
illegitimate.
Oil in Sierra Leone
27 MALOA. Grievances of land owners in Malen
Chiefdom. 2 October 2011. Letter to Pujehun District
Officer. Available at: www.fian.be/IMG/pdf/ma-
loa_grievances_of_land_owners_october_2011.pdf.
222011 2013 2014
© Google Maps
MAP SAC PROJECT
In April 2012, more than a year 18,473 HA MAP SAC PROJECT
2016
after the initial lease agreement, a
Memorandum of Understanding D
2 C
C
C
C
C C C
(MoU) (See Box 3) was signed
D 6I 5 5 5 5 5
36H 5 C 5 33E 33G
2 D C 34A 33I
C 34C 33C
Bendu_Junction33A
6G 2 5 5
D 5
D 2 D 6J 34E C
2 36F C
2 6E C 5
D D 6H C C C 5 D
6C C 5 33J
D 2 D 2 5 5 C 5 3
5 33F 33H
2 6A D 2 36G 36D 5 33D 11A
D D 6F
4G D 2 33B
2 2 6D C 34B
2 6B C
4I 4F 5 D D
4E 5
34D 3 3
D C 36A D
C 11B 11C
2 5 C 3
D 36E 5 5 10A
D 4H
2 D 36B C D
2 34F D D
4K 2 C 5 D 3
4L D 5 35H 3 3
4J D D C 3 12A
2 D 2 39F 11D 11E
2 C C 4 10B D
4D 2 4B D 3
4A 5 5 C 35B
D 4C D D 3 12C
D 36C 39E 5
2 D C D 3 3 12B D
2 39G
2 5 3 11F 11G 3 D
4O 4N C
D 4M 39H 10C D 12E 3 D
D D 5
2 D C 3 3
2 39D C 12G
D 2 2 C C 5 D D 12D 12I D
5F 5E C 4 D D
2 3W 3X 5 5 39I 3 3 3
4 35D 3
D
Bendu 3
between SOCFIN and the
5D D D 38G 39C 11H 11I D
D 2 C 35F 10D D 12K
2 2 C 12F 3
2 C C 3 D
D 5A 5 5 D 12M
5B 3U 3V 5 C 4 D 12H 3
2 D 39B 39J C C 3
D D 38A 5 35A 3 12O
5I D 2 D C 4 4 11J
2 2 C 11K D
3S 2 5 38F 35G 35C
5H 2 5C C 4 3
3T 37A C C C C
5G 4 35E 12J
D 5 5 5 5 D D
D 40A D D D
2 D D 38B 38C 38E 39A 3 3
2 D D 3 3 3
5O 2 D 2 2 11L 12L 12N D
5L 2 11M 12P
2 C C 3
5M 5K 3P 3Q D
5J 4 C C 4 12R
D 32A D D 3
D C 32G 4 4 D
2 D 3 12S
Libby
D 2 D 5 32E 32C 3 3 D
5N D 2 C
11O 3
Bobuwo
2 5L D 1 38D 11N 13A D
2 3R 5
5R 1 2T C 13B 3
3O 37B C C
D D 2S 4 C 4 D D 12T
4 C D D
D D 1 D 1 C 4 32H 3 3
40E C 32F 4 3 3
2 2 1 2R C 4 40C 11Q
D D 2M 4 32B 11P 13D 13C
3M 3N 2P 4 40D
2 2 40B C D
40F 3 D
5P 5Q C C 4
D D D D 3 D
4 4 C 32D 11R
2 2 2 C 3 11S 3
D D 40G 24M 4 C D
3I 3J 3L 4 14A D 13E
1 1 24O 4 3
D D D 24F D 3 D
7A 2J 24N D 14F 3
Government of Sierra Leone,
2 1 1 3 14E D
D D D C 3
D D
D D 3K 2G 2Q C 14C 3 11U
2 2 2 D 4 14D 3
1 1 D C 4 C C 3 11T
3H 3E 3F 1 1 D 24D 14G 13F
7B 7C 4 24L 4 4 D
D 2E D 2N 1 D
D D D 24K 24H 24E 3
2 D D 1 9B C 3 D
D D 1 1 1 11W
3G 2 2 D 2K 4 C 14B 3
1 1 D 2C D 9C 9A
3C 3D 1 D 24G 4 11V
7D 7E 1 D 1 D
2H D 1 24C
D 2A D 1 D 3
D 2F C
Bobuwa
D 1 9D D C C D
2 1 2D 1 D 11Y
1 2 2O 1 4 4 4 3
3A 2B 9F D D D 3
7F 3B D 9E 23H C 24J 24B 15A D
C C 3 3 3 11X
D 1 4 3 D D
D D 4 4 15C 15D 15E D
1 D 2L 23G 15B 3 D 3
1 1 23I 24I 3
D 1AB D 1 15G 3 11AA
1V 1T D C 15F
1 1 2I C 11Z
D 1 4 C
7H 1Y 4 D
D 1 1R 23J 4
D 24A C D 3
1 1U D 23F C
D 1 6 6 3 11AC
1Z D D 1 C
1 1P C C 26B 11AB
1 D D 1 8B 6 26D
1S 3 4 C D
1X 1 1 8C C 26A D
D 22H C C 23E 4 3
1W 1N D C 4 3
1 D 3 3 23D 11AD 11AE
1 3 23B
1Q 1 22G 22C
D 8D 22E C
D 8A C 4
Zone C Fertilzer depot/Quimical center
1 C C
1 3
foreseeing the development of
1L 3 C 23C C C
1O D 22A 4 C
22F 3 C 6 6
1 23A 6
D 22D 3 25B 26E
1M 1 25A C
D 22B
D 1J C 6
1 25D
1 3 C
1H
1K C 20P 6 C
D
D
3
20O
C
3 C
3
Taninahun 25C
C
6
26C C
1 20N 6
1 20L C 6 C
1I C C
1F 6 6 26G
C D 3 6 25G
3 20M C 25E 25F 26F
1 D C
18I 3
C 1G D 1 3 C
C 20J
3 1 1D D C 6
3 C 20K C
18H 1E 1 6 6 25I
C 18J C 3 C
1 C 3 1A C 3 21E 25H
D 20H
02F 3 18G 3 C 20I C
1 C
18K C 20G 3 C 6 C
C C 1C D 6 C 6
1 C 3 20F C 6 21A
1 C 1 3 21C 6 25K
02D C C 3 20D 21B
02C 1 C 1B C C 25J
C 1 1 18F 20E
C 3 3 C 6
1 02E 02H 02I C C C
1 18L 20C C 6 C 21G C 6
02B C 3 6
02G 3 21D 6 6 25M
C 1 C 18E 19A C
C 25L
palm oil plantations by SOCFIN
3 20B 6 21F
1 C 1 C 02J C C
C
C
C 02K 1 18M 3 C 19C 6 6
02M 1 C 6
1 18D 3
02N 02L C 6 21H 27B
02O C 27A
C 3 C 20A 19E C
3 C
C 3 6
1
02A Male 1 C
18N 18C
18B
7
19B C
19G C
C
6
03A 3 6
7
Blama
C 18W 27C C C
C C C 19F 19I C
1 C 3 C 6 6
3 7 C 6
C 03B 1 18O 6 C 27D 27S
C 18A 19D 7 19K
1 03C 27E 6
3 19H
01K C 27F C
18V 6
C C 7 C
C 27G
C 3 3 19J 6 C
1 C C C
1 18P 18Q C C 27H 6
03D 3 3 7 C
01J C 7 7 27I C
C 18U 18R 16A C 6
1 C 16B 19L 6
1 7 C 27N
04A 3 C C 27P
01H C 16C 6
C 18T 7
1 27J C 6
1 C 16D
C 03E C C 6 27O
01I 3 C C
1 2 7 C 27K
C C 7 C C 6
01G C 03F 18S 16I 6 C
C 2 2 16E C 6 6 27R
1 C 7 27L 6
1 03H 15B C 27T 27Q
04B C C 7 16F 27M
04C C 7
over an area of 12,000 hectares
2 2 16L
7 C 16M C
C 03G C 15A C
C 16H 7 7
1 2 7 16J
1 16N
Panguma
04D C 03I 16G
01F C
1
2
04E C
Gboyama C C
C
01E C C 8 8
2 8
1 2 C 28A 31J
C 14B 31K C
04G 04F 2 C C
C C 8
2 C 7 C 8 C
1 14A 8 31A
04H 2 16K 8 31L 8
01D C C C 31C C
04I C 28C C 31M C
1 2 C C 8 8
8 C 8 C 8
04K C 04J C 7 7 28E C C 31I
28B 8 31R 8 31B
2 C B C 7 17G 17H 8 8
C C 28G 31E
04M 2 1 7 17F 31N 31O C
1 C 7
04O 02A 17 C 8
01C 1 C C
17E
C C
2 8 C 31G C
04L C 7 C 8
C C B 28D 8 8 8
04N 7 17C 8 C 31Q 31P
1 2 1 28K 8 31D
C C 17B 28H
01B 04Q 02B C
C
1
B
1
2
04P B
7
17A
8 C
28N
Manowo_2 C
B 28F 8 8
01A 01F 1 1
B C 28I C 31F
02C 02D B C C
B 1 7 8
1 8 8
Sembehun
in the Malen Chiefdom, creating
2 01G 17I C C 29H
04A
B
B
1
B
B
1
03A
C
8
28J
28L 8 29F Manowo_1 C
1 C 29D 8
2 01A 02E 7 C
B 01H C 8 31H
B
04B 2
04C
Njolahun B
1 B B 1
C
7
17K 7
17L C
C
8
29A 8
29G C
01B 1 1 03B 13A C 28M C C 8 C
01I 02F 7 8 8 8 C 8
B C C C 29I
10A 29E 11A 8 29K
1 7 17J C 8 8 C
B 29J
B 01C B B 13B 8 28O C 29B C C 8
2 B B B
2 1 1 C 10B 8 8 8 30G
04D 1 1 1
04F B 01J B 03E B 7 29C 11B 30E
01D 02G 03C C
2 1 1 13C C 8 C
04G B
B
2 B
01K B
1
B
1
1 B
03D
Tisana C
8
11C
C
8
C
8
C
8 30C C
8
30H
04E 01L 03F 1 C 8 C 11D 11E 30A C 8
1 02H C C
03L 8 10E 8 C 8 30F
01E 8 8
10C 10F 8 30B
B 10D C C 30D
B B 10G C
1 B C 8 8
1
2
05F Senehun 01N 03G 1
03M
B
1
7
12B
C
7
C
7
10H
8
10I
11F
B B 03N C 12C C C C
B B 12D C C
1 1 7 9 9 9
2 B B 4 9 C 8
01M 01O 12A 09K 09L 09M
B 05G 2 1 16A 09A 9 11G
2 05H 03H
a projected 2,414 jobs.28 A
B 09C
05E 1
B B C C C
B 01P B C
B 1 4 9 9 9
2 1 B 9
2 03I 16B 09D C C 09I
05D 01Q 1 09B 09J
B C C 9 9
05I 03J B
2 B B B B 9 9 09G 09H
05J 1 4 B 4 09E 09F
1 4
B 03O 16C 4 17A
03K 16D B
2 17B
B B 4
05C B B
Jaluahun
2 B 2 18A
B 05B 2 4 4 C
B 06A B C
2 05K 16E 18B 9
2 4 C C 9
B B 05B
Bumuvulahun
05A 07H B
16F 9 9 08F
2 B 2 4 B
05A 05D
07A 2 06B 16G 4
07F Gandorhun 18C B C
B B B B
4
19B B
C Sengema 9
08E
2 2 4 9
2 4
07G 07I B 19A 05C
07B B B 19C
4
2 B B C
Fakaba 07C
B
4
18E
18D
4 4 C C 9
B 19E 19D C 9 9 08D
B 2
Giema
4 B 9 05E 08C
B 2 07J C C C
B 18G 05F
3 07D B 4 9 9 9
new version of the 2011 lease
B 3
B 10A 2 B B 19F 05G 08A 08G
3 10C B
3 B 09C 2 4 C
10B B 4
11C B B 2 09D 18F B 9
B B 2 19G
B B 3 2 08A 4 08I
3 13C 2 2 09B C C
Gbamgba 08B
3 B 19H C C
B 11D 07E 09A 2 9 9
11E B 9 9
3 09E 06H 08B C 08J
3 B B 05H
11B B C 9
11F B 2 4
3 B B C 9 08H
B 3 B 08C B 18H B 9
B 11G 3 2 C 06G
3 13A B 3 2 4 05I C
3 13D B 08D 9
12E 3 3 13I 09F 20A C 9
11A B B C C 06F C
13B 13G 9 07I 9
3 B B 4 9 9
06B 07H 07J
12C 3 B 4 20B B 06E
B
3 13H 5 18I 4
B B
13E 21A B B 20E
3 3 B C
B 4 4 C
B 13F 13J 5 B 9 C
3 B B 18J 20C 4 C 9
3 21B C 06D 9
12A B B B 2 5 20F 9 9 07F 07G
12B C
3 3 B 08E 21C C 07E
3 B 06A 9
12D 12F 3 B B B 9
13K B 4 06C
A 12H B B 5 5 5 07D
A 21D 5 B 20G
1 B 3 5 21E 21G
1 B 3 13L 21F 6
A 26H 22A
B B
agreement was subsequently
26N 3 14A B 27A B C C
1
26E
A
1
3
12G
12I Banale 3
14B
3
13M
B
5
6
27B
B
4 B
B 9 9
07C
A 26M 6 C 07B
A 22B 20D 4
Gbomgboma26A 1 B B 28A 9
1 A A 3 20H
26F 3 B 07A
1 1 A 14C B B
A B 13N 6
26D 26G 1 3 3
1 3
A
1
A
1 26K
26L B 14D 14E 14F
B
3 B B
B
5
Basale 27C B
6 B B
3 5 B 27D 6 6
26C A 14G 5 24C B
26B A A 15A 23A 5 27E B 28B B
1 B 23F 6
A 1 1 23G 6 6
27K A 3 27F B
1 26Q 27J 27G 28C B
1 15B 6
26J A A B 6
27I 28D
A
1
1
27H
A
1
1
27F
3
15C Kanga B
5
B
5
B
B
6
28E B
6
26I A A 27G A 5
1 1 1 A B B 24A 24B 27H 28F
25A
26O 26P 27E 1 3 3 B
27D B 6
Legend
15D 15E
A 3 B B
A 1
Potain A
Kassay 15F
B
5
B
5
B
5
30A B
6
B
6 B
6 6
1 25G B 23E 25B 30B B 29A 28G
1 B 25C 30C 6 B
25F 3 6
26R 5 27I 6
A 15G 30D B
1 23D B B 29G
ZONE
A A 6 B
B B 6
signed between the MAFFS and
25E A 1 B 29B 6
1 5 6 29D 8
A 1 27B 5 Zone B Fertilizer depot 29E
A 27A 23B B B 29C B 36A
1 A A 27C 24E B
1 A 5 5 6
25D 1 1 6
24N 2 23C 24D 29F
A
24I 24J B B 30F
A A 8D B B B
1 A 3 5
1 A 5 6 8
A 24M 1 A 15H 25D B
A 25C 1 A 23H B 30E 36C
1 24L 2 B 8 B
A 1 24H 2 B 5 B
24A A 8B A 5 B B 36B 8
B
1 25B A 8C 3 B 25E 8
1 2 25G 6 6 36H
25A 1 5
Taninahun24B 24C
A A A A A
8E
15I
23I
B
5
B B
B
6
30G 30H Naiahun B
8
36E
1 5 6 31H B B
1 1 1 2 A 24F B
25F 31F 8 8 36D
C
24D 24G 24K 8A 2 B 8
A 24F
1
8F Jombuhum B
6
37A
37B
37C
24E B 31G
5
A A 5 B
A A 2 24G B B B
D
7 25H B 7 B
7 7 8G 7 7 8 B
23E A B 7 32H 8
23D 23G B 32D 32F B 37E 8
7 5 B 32G 37D
A B B 7 7 B B 36G
A A 23F 26B 7
7 A 7 7
A Mornogo 5
26A
6
31E
32A
32C B
32I 8
37G
B
8
37J
28E 7
28F
22L 22N A
7
Kpombu 2
7A
B
5
B
B
6
7
32E
8
37I
A 26C 31D B
Fertilizer depot
22Q A 6
SOCFIN in October 2012.29 This
7 B B B B B
A A 7 31C
7 B
A A 6 7 8 8 8
7 28B 7 23C 32B 8
7 A 7 31B 33A 37F 37H 36I
28A
28G 7
28H
22I
A
7
A
7
A 21F Maca B
7
B
8
37M
B
Mill
22O 7 B 37K 8
23B B 33B
21E A 6 B B B 36F
A A A 7
2
Bobobu
A A 31A 7 B 7 8
7 7 A 2 34A B
7 7 6A 34B 7 33D 37L
28C 28D 7 7B 7
28K 28J A A 33C
A
7
22J
A
7 A
2
6B
A
2
7D
A
2
9A
34C
B
B
7
Zone A office
28L A A A 2 A B 7 B B
A 22M A 2 33E
7 A 7 A A 2 7 8 B 8
7 7 7 6C 7C 34D
28I 7 22P 7 2 B 35K 37O B 8 38E
23A A 7E B
Roads
22G 22K A 21D 7 8
A 21B 6D A B 38D
7 A 2 35A 7 B B
7 A 3 B 7 38C
21C 2 7F B 35J 7 B 8 B
22H 2 10H 7 33F
6E B 7 35N 7 37N B 8
6F 34E
7 35I 34E 8 38G
Block
A A
A A 35B B B 38P
4 7 A A A A B B
A 7 3 7 B 8
22A A 3 B B 8
1A 7 21A 2 2 10L 10K A 3 B 9 9
7 7 35M 8 38B 38F
22B
6M 6G 3 10G 7 39C 39F B B
38A
Kotomahun 22C
A
A
A
2
10I 35C B
7
35L
B
8
38H
8
38I Main
A 2 A 7G A B
A B
was followed by a new lease
2 B 35E 9 9 B
A 7 6N 2 A 2 3 9 B
6O 6H 2 A A 7 39B 39D 8
4 22E 7H 10F B 39G 8
A 6I 3 3 35D 38K
2A
A Semabu 2
6P A
10J 10D
B
9
39A
B
38J
B
National
A A B B 9 B
7 A 7 B
A 7 A 2 3 7 39E 8
22D 2 7 B 9 B 8
4 22F 2 A A 6J 35F 35G 38M
A 6R 10E A 35O 9 40B 9 38L
2B 2 2
4 6S A A 3 40A B
A 6U 6Q 39H
B B
4
2C
A
4
5A 2
6T A
2
6K Sahn 10C A
3 B
7 B B 8
8
38O
35P 9 9 38N
3A A 2
A 10B
Swamp
A 7 40C B
Walleh A
4
Sinjo 4
5B
6V 2
6L A
3 35H 40D 9
40F
10A
2D A
A 6 A B Sahun
4
3B A 4
A
A
4 A
11A 6
11F A
B
7 Jumbu 9
40E
B
9
4 5D A 3 35Q
5K 6 A
Forests
4 A A 40G
A A 5C 11B A A 3 12A B
A 5G A 6 3 3 B
4 4 3 3 12C 9
4 4 11G 12F 12B B 9
2E 2F A A 12E 12D A 41E
3C 4 A 5H A A 9 41F
4 3
4A 4 4 6 41C
Hydrography_region
5F A 17A
A 5E 5J 11C A B B
A A 6
4 A 6 A B B 9 9
4 4 11I B
4B 4 11H 3 A A 9 B 9 41D 42D
3D 5L A B
for a further 6,269 hectares in
5I A 12J 3 41B 9
3 43A 9
Massao 6 3 A 9
VillageArea_region
17B 43B 42C
11D 13E 12I 3 41A
A B
4 A A A 12G
4 B 9
A
3E
A
4C Sembehun 6
11E
3
13D A
A
A
3
B
9
9 42B
Greenbelt
4 3 17C 42A
4 3 43C
A 4D 13C B
3F A 12H B
4 A 9
A B 9
Ngeyhun
A 3 3
4D 3 B 43D
A A 13B 12K 9 44I
4 17D 9
4 6 B 44G
4E A 43E
4F 14A 9
6 A A A
A B 44E B
A 14E 3 3 3 B
A 5 A A 3 9 9
A 13A 17G 17E B 9 B
4 15E 5 6 17F 43F 44J
A 5 9 44C 9
4G 5 15D 15G 14B 44A
A B 44H
15C A 6 A B
6 9
A 5 14C A B 9
A 14D A 44F
4 3 A
4H
A 5
15F A 3
17H 3
9 44D Legend inside the parcel
5 6 17J 44B
15B 17I
A 15A A 16C A
4
A A 5 A A
A
A
3 Zone X
4I A 5 15N 6 6 17K
5 A 5
15M 16A
6
16D 6
A Section X
November 2013, and a third lease
15J 16B 16E
15H 5
15I
6 A Block Parcel XX
A A A A 16F 3
5 5 5 5 17L
20D 20A 15K 15L A A
6 3
A
1:31,000
A 16G 17M
5 5 A
20C 20B 6
16H
© Socfin
A A
5 6
20E A A A 16N
6 A
A
A
5 Hinai A
16J
6
16K
6
16L
6
16M
5 20J 6
20F
16I A
A 6
5 18D
20K
A
A 5 A
A
0 0.45 0.9 1.8 2.7 3.6
A 5 19D 6
A 5
5 20L 18F
5 20M
A A A A
20G
Kilometers
20H A 5 6 6
5
agreement at an unknown date
5 19E 18C 18E
19A
A 20N
5
Ü
20I A
5 A
20O 5
A
Hongai 19F
A
6 Socfin Agricultural Company
5 18B
20P A
5
19G
A SAC Project
6
A
5
A
5
18A
Sierra Leone
Gangama 19B 19C A
5
19H
A
5 Gambia
19I
Author: MARCO RODRIGUES
covering 5,628 hectares. All three
leases followed the same process
of a ‘head lease’ between the
MAFFS and the Malen Chiefdom,
and a sub-lease between the
SOCFIN’s
MAFFS and SOCFIN.30 concession is larger
BRUSSELS than the entire
2. The Malen Case
28 Memorandum of Understanding and Agreement. 24
September 2012. Available at: www.fian.be/IMG/pdf/
sac__memorandum_of_understanding_mou_and_
agreement_with_rep._of_sierra_leone_24-09-2012_.
16,140 HA Brussels-Capital
pdf.
Region.
29 According to SOCFIN the 2011 lease was amended
in 2012 at the request of the Government of Sierra
Leone following a change from the GPS data system.
SOCFIN. Supra Note 1.
30 All requests by FIAN Belgium and MALOA for access
to these lease documents have been rejected by
SOCFIN.
23As of December 2017, SOCFIN
claimed to hold 18,473 hectares
of land in concession in Sierra
Leone.31 Out of the total land
held by SOCFIN, between 12,349
hectares32 and 12,557 hectares33
have been converted into palm
oil plantations according to
SOCFIN’s own source, an area
in excess of the limit of 12,000
set by the Government of Sierra
Leone in the 2012 MoU.
Projections made by SOCFIN in
2010 on the basis of the 2004
national census estimated that
approximately 28,135 people
in the chiefdoms of Malen,
Bum, Lugbu and Bagbo would
© Maja Hitij
be affected by the project.34
However, of the four chiefdoms
identified only Malen is located
within the concession area. BOX 3.
Testimonies gathered by FIAN
Belgium indicate that this may THE 2012 MEMORANDUM OF
be due to Paramount Chiefs in
other chiefdoms refusing to lease UNDERSTANDING (MOU)
their land to SOCFIN or posing
certain conditions that SOCFIN -- This MoU shall be construed in accordance with the laws of the
was unwilling to accept.35 On the Republic of Sierra Leone and is intended to be binding on the
basis of data from the new census parties (Article 7).
conducted in 2015, we estimate at -- This MoU shall be renewed after every five years in line with the
least two-thirds of the population land lease agreements (Recital I).
of Malen to be directly affected -- SAC intends to distribute the bulk of its future palm oil
by the project (32,842 people).36 production to the local Sierra Leone market (Recital C).
It concerns about 52 villages.37
-- The Investor shall develop a Corporate Social Responsibility
(CSR) plan based on an assessment of community needs in
collaboration with local government officials, Paramount Chiefs,
representatives of land owning families, and the communities
themselves (Article 1, Investor’s Obligations).
-- The Investor shall develop a smallholder or out-grower scheme
as per the guidance of the Government of Sierra Leone
(GOSL). The aim of the scheme shall be to achieve food self-
sufficiency and ultimately food sovereignty (Article 4, Investor’s
Obligations).
31 SOCFIN. Sustainable Development Report 2017. p.
10.
32 Ibid. p. 167.
-- The Investor shall adhere to the Environmental Protection
33 SOCFIN. Sustainability Report 2015. p. 6. Available at: Agency Act and other environmental regulations developed by
Land Grabbing for Palm
www.socfin.com/sites/default/files/2018-12/RAP-
POR~3.PDF.
34 Environmental Resources Management on behalf
the GOSL and in line with international best practices (Article 12,
Investor’s Obligations).
Oil in Sierra Leone
of SOCFIN. Sierra Leone Agricultural Company
(SAC), Sierra Leone: Environmental and Social Due
Diligence Assessment. 2015. pp. 10-11. Available at:
www.fian.be/IMG/pdf/socfin_esdd_sac_erm_re- -- The GOSL agrees to enter into a water rights agreement with
port_final_v2.0_31jul15.pdf.
35 See FIAN Belgium. Minutes - Interviews Fact-finding SAC, and SAC will be charged at a fixed rate of 3 Leone per
mission (FFM) 2016, Bo. 01 April 2016.
36 In the formula used in the SOCFIN assessment of cubic metre of water. (…) There will be no restriction on the
2010 it was considered that 28% of the total popu-
lation of the chiefdoms of Malen, Bum, Lugbu and volume of water extracted. (Annex 11).
Bagbo would be affected by the concession.
37 SOCFIN. Supra Note 1.
242.3. Community Opposition
Following the signing of the In December 2012, the “We are convinced that the
MoU, local communities in the communities submitted a petition peaceful protest march will help
Malen Chiefdom continued to the Human Rights Commission to attract the government’s
to voice concerns over the of Sierra Leone (HRC).39 Following attention and further raise public
land acquisition process and this petition, the HRC dispatched awareness of human rights abuses
SOCFIN’s activities. They were fact-finding missions to the area and land grabbing in Malen
joined in their efforts by national and initiated a mediation process Chiefdom caused by the illegal
and international civil society engaging all relevant actors. A operations of SOCFIN Agricultural
organizations and NGOs, draft agreement was submitted Company.”41
including Green Scenery, to the parties in June 2013, and
Welthungerhilfe, the Oakland a follow-up meeting was held in On 16 October 2013, six MALOA
Institute and FIAN Belgium. Their November 2013. The mediation, executive members were
demands included: however, could not be concluded arrested in various parts of the
due to the absence of the Malen Chiefdom, allegedly in
-- A review of all agreements Paramount Chief, the Minister of connection with their advocacy
concerning the land deal in Agriculture, Forestry and Food on behalf of local populations.42
Malen; Security and the Minister of They were charged with
-- An increase in the Justice.40 “destruction of growing plants”,
compensation paid to local “conspiracy” and “incitement”.
communities; Amidst this process, a protest
in Pujehun Town was organized
-- Involvement of landowners
for 30 August 2013. In a letter to
unwilling to lease their land in an
the Pujehun Police several days
out-grower farmer scheme; THE SIX MALOA EXECUTIVE
prior, MALOA expressed their
-- The provision of all relevant MEMBERS ARBITRARILY
continued concerns:
agreements and documents to ARRESTED IN 2013 AND
local stakeholders; CONVICTED IN 2016.
-- Transparency in all future
negotiations;
-- The proper demarcation
and preservation of land for
community agricultural activities;
-- Clarity around social and
community commitments of
SOCFIN.38
2. The Malen Case
39 MALOA. Petition to the Human Rights Commission
of Sierra Leone: “Gross abuse of our fundamental
human rights by the Paramount Chief and Chiefdom
authorities of Malen Chiefdom, Pujehun District, 41 MALOA. Peaceful protest march against human rights
Southern Province of the Republic Sierra Leone”. 1 abuses and land grabbing in Malen Chiefdom. 27
December 2012. Available at: www.fian.be/IMG/pdf/ August 2013. Letter to Pujehun Police Station.
maloa_statement_1st_december_2012-2.pdf. 42 See Communication of the UN Special Rapporteurs
40 Sierra Leone Human Rights Commission. Annual on Human Rights Defenders, Freedom of Expres-
report 2013. p.36. Available at: www.parliament.gov. sion, and Freedom of Assembly and Association.
sl/Portals/0/2014%20DOCUMENT/COMMITTEE/ AL SLE 2/2015. 17 December 2015. Available
38 MALOA. Grievances of land owners in Malen Chief- HUMAN%20RIGHTS/THE%20STATE%20OF%20 at: spcommreports.ohchr.org/TMResultsBase/
dom. Supra Note 27. HUMAN%20RIGHTS%202013%20MAIN.pdf. DownLoadPublicCommunicationFile?gId=21201.
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