Redesigning Agricultural Investment Contracts to Meet a New African Investment Regulatory Landscape

Conference on Land Policy in Africa (CLPA) Masterclass

Background

More investment is needed to transform Africa’s agriculture and food systems, boost production and productivity, and improve livelihoods and food security on the continent. Investments in agricultural production are also needed to take advantage of the opportunities for increased intra-African trade created by the establishment of the African Continental Free Trade Area (AfCFTA). But not all investment is equally beneficial. Some types of agricultural investments carry significant socioeconomic and environmental risks. What is really needed in Africa is more responsible investment in agriculture, the kind of investment that promotes inclusive land governance, improves food security for local populations, and enhances the productivity, sustainability, and resilience of local food systems. 

The Masterclass

In this Masterclass, IISD presented its new Model Contract Clauses for Responsible Investment in Agriculture, which distil regional guidance and international principles on responsible investment in agriculture and food systems into user-friendly, customizable contract clauses. The Masterclass was designed to help government policy-makers and agricultural investment negotiators understand key contract provisions and their overarching purpose, design, innovations, and limitations. In addition, it provided knowledge that can support civil society and community-based organizations to better advocate for responsible investment contracts that ensure agricultural investments further national and regional sustainable development objectives. 

The model clauses are designed to be used in investor-state agreements for agricultural investment projects (but they can be adapted and used by other tenure holders, including traditional owners and communities); by complementing national laws, managing project-specific issues, and putting into legal effect international and regional norms, standards, best practices, and principles. 

Objectives and outcomes 

• Take a deep dive into IISD’s new Model Contract Clauses for Responsible Investment in Agriculture, identifying key provisions, their overarching purpose, design, innovations, and limitations. 
• Demonstrate how to use IISD’s Model Contract Clauses to develop one's own template for agricultural investment contracts that are tailored to specific needs and contexts, and which distil regional and international principles of responsible investment in agriculture into enforceable contractual obligations. 
• Provide knowledge that can support civil society and community-based organizations to better advocate for responsible investment contracts that ensure agricultural investments further national and regional sustainable development objectives.