Search

Begin New Search Topic Land Rights

1. No Land in Paraguay

Author:
William Costa
Publication Date:
01-2020
Content Type:
Journal Article
Journal:
Cairo Review of Global Affairs
Institution:
School of Global Affairs and Public Policy, American University in Cairo
Abstract:
The preservation of indigenous peoples’ territories in Paraguay has a vital role in maintaining spiritual, cultural, and communal well­being. Despite this important reality, many indigenous communities’ bonds with their land have been shattered.
Topic:
Democracy, Landpower, Land Rights, Indigenous, and Land
Political Geography:
Latin America and Paraguay

2. A Moving Frontline in Africa

Author:
Signe Marie Cold-Ravnkilde and Peer Schouten
Publication Date:
03-2020
Content Type:
Policy Brief
Institution:
Danish Institute for International Studies
Abstract:
Pastoralism is the key to climate change adaptation in African drylands, but it is threatened by conflicts with farmers, regional insecurity and violent extremism. Stabilisation and development efforts should place pastoralism at the centre by strengthening pastoral livelihoods and should include herders as peacebuilding and development partners. RECOMMENDATIONS ■ Strengthen pastoralist capacities to cope with risk and variability by boosting inclusive and equitable resource governance in new development programmes. ■ Include pastoralists as potential peace-builders in conflict resolution efforts. ■ Support dialogue between pastoralists and local and national governments in order to prevent the further marginalisation of vulnerable pastoralist groups.
Topic:
Climate Change, Democratization, Development, Environment, Migration, Non State Actors, Fragile States, Economy, Conflict, Investment, Peace, and Land Rights
Political Geography:
Africa

3. Ordinary Shareholders' Rights Protection in Botswana

Author:
Ratang Sedimo and Kelesego Mmolainyane
Publication Date:
03-2020
Content Type:
Working Paper
Institution:
Botswana Institute for Development Policy Analysis
Abstract:
This study seeks to examine institutional frameworks that exist in Botswana to protect the rights of ordinary shareholders. There is no literature on the subject matter in the context of Botswana; hence this study attempts to fill in the literature gap. The study uses a variety of data collection methods, such as semi-structured interviews, the Choppies case study and lessons learnt from other jurisdictions. Findings reveal that ordinary shareholders’ rights protection involves the use of institutional frameworks. In Botswana, existing frameworks are not adequate to protect ordinary shareholders’ rights. Furthermore, the study shows that ordinary shareholders in Botswana are mainly exposed to risks of losing their investments, partially or entirely, in case of non-compliance to regulatory requirements as shown by the reduction in Choppies’ stock price from P1.20 to P0.40 between years 2012 and 2018. The study suggests that the existing institutional frameworks should be reviewed to ensure adequate protection of ordinary shareholders’ rights.
Topic:
Security, Economics, Human Rights, Investment, Macroeconomics, Land Rights, and Labor Rights
Political Geography:
Africa and Botswana

4. Standard Operating Procedure (SOP) for Slum Upgradation and Delisting in Odisha

Author:
Scaling City Institutions for India (SCI-FI)
Publication Date:
09-2020
Content Type:
Special Report
Institution:
Centre for Policy Research, India
Abstract:
In continuation to the Government of Odisha’s landmark initiative of the Odisha Liveable Habitat Mission (OLHM), also known as the JAGA Mission, launched in 2018, and the successful implementation of the Odisha Land Rights to Slum Dwellers Act 2017, basic infrastructure upgradation and delisting of slums emerge as the next critical steps towards transforming these informal settlements into liveable habitats, integrated with the urban area. Towards this end the Scaling City Institutions for India (SCI-FI) initiative at the Centre for Policy Research (CPR) as knowledge partner supported Housing and Urban Development Department, GoO to prepare a 'Standard Operating Procedure (SOP) for Participatory Slum Upgradation and Delisting’. The SOP intends to benefit the key stakeholders by laying down the procedure and benchmarks for undertaking participatory integrated slum level infrastructure upgradation and establishing procedure and documentation for delisting of the slum, to integrate it to the rest of the urban area. This SOP will act as an enabler for ULBs partnering with the Slum Dwellers’ Associations to ensure the availability of adequate basic services to mainstream the slums into the city fabric. This SOP lays down the integral steps to realise community-level benefits building on land rights distribution towards achieving the broader vision of a Liveable Habitat for all.
Topic:
Development, Poverty, Urban, Land Rights, and Slums
Political Geography:
South Asia and India

5. Historical injustice and “Bogus” claims: Large infrastructure, conservation and forest rights in India

Author:
Kanchi Kohli
Publication Date:
06-2019
Content Type:
Working Paper
Institution:
Centre for Policy Research, India
Abstract:
This essay examines the role of India’s 2006 Forest Rights Act in the procedures that regulate transfer of forest land to large infrastructure projects. Specifically, it shows the gap between the legally mandated requirements and how these are implemented in project approval processes. This is illustrated through a case study of the coal mining approvals in the Hasdeo Arand forest region in the central Indian state of Chhattisgarh. The essay also outlines the different actors who have influenced the discourses on forest rights of Adivasi and other forest dwelling communities and what they identify as factors that challenge the implementation of this law on the ground. It juxtaposes this analysis in the context of the recent decision of the Supreme Court of India on eviction of forest dwellers and examines whether that would bring in any structural change in the way the law is implemented.
Topic:
Environment, Human Rights, Infrastructure, Courts, Conservation, and Land Rights
Political Geography:
South Asia, India, and Asia

6. Food security and land use in the 21st century: the return of Malthusianism

Author:
Timothy M. Swanson
Publication Date:
12-2019
Content Type:
Research Paper
Institution:
Centre for International Environmental Studies, The Graduate Institute (IHEID)
Abstract:
The coming century is set to pose many important problems regarding population, food requirements and land use. In many ways, the problem facing us is a stark reminder of Malthus’ predictions regarding the importance of resource constraints in the face of population growth. Despite questions concerning the core of the problems to be solved, there is little issue concerning the manifestations of these problems. First, we are seeing the culmination of a long-term process of human population growth, which commenced in earnest about 250 years previously (about the time of Malthus) and escalated thereafter, continuing to this day. A global population that was only about a million individuals in 1750, escalated to about two billion individuals in 1950, and has since increased to approximately seven billion.
Topic:
Agriculture, Food, Population, Food Security, Land Rights, and Population Growth
Political Geography:
United Nations and Global Focus

7. Land grabs, big business and large-scale damages

Author:
Christophe Gironde
Publication Date:
12-2019
Content Type:
Research Paper
Institution:
Centre for International Environmental Studies, The Graduate Institute (IHEID)
Abstract:
The history of the world is a story of lands conquered by violence. Today, money has replaced weapons. Lands are bought. In very large quantities. The current wave of land grabbing is a phenomenon of hard conquest and a dramatic one for local populations and the environment.
Topic:
Environment, Land Law, Violence, Money, Land Rights, and Land
Political Geography:
South Asia

8. Indigenous Elder Societies as Leaders for Global Protected Areas Governance

Author:
Melanie Zurba and Eli Enns
Publication Date:
10-2019
Content Type:
Special Report
Institution:
Georgetown Journal of International Affairs
Abstract:
Many models for parks and protected areas have been created globally to preserve biodiversity and natural heritage and to provide visitors with “wild places” to experience. This establishment of conventional parks and protected areas has typically been done through governance processes that do not acknowledge Indigenous peoples, including their connections to and their governance systems for such areas. Area-based conservation through parks and protected areas has, therefore, displaced and systematically oppressed Indigenous Peoples, disenfranchising them from their custodial roles and responsibilities within their traditional territories. In addition to oppression, conventional governance systems have also produced intrusive infrastructure and circulated tourists, creating human-wildlife conflict that often results in wildlife mortality. Through disenfranchising Indigenous peoples of their traditional territories, parks and protected areas in colonized regions of the world have separated nature from the societies that have the most deeply embedded place-based knowledge systems and governance structures.
Topic:
Environment, Governance, Land Rights, Indigenous, and Land
Political Geography:
Canada and Global Focus

9. The Brazilian model of Investment Agreements and Socio-environmental Safeguards

Author:
Maria Elena Rodriguez and Gabriel de Barros Torres
Publication Date:
03-2018
Content Type:
Policy Brief
Institution:
BRICS Policy Center
Abstract:
With the purpose of contributing to expanding transnational investment flows, Brazil signed, in 2015, a series of Cooperation and Investment Facilitation Agreements (CIFAs) with African and Latin American countries. Among its provisions, the CIFAs feature distinctive characteristics in terms of direct (and indirect) expropriation, corporate social responsibility, dispute settlement mechanisms and national treatment clauses – ultimately, aiming to provide greater legal certainty for investors. However, civil society organizations have warned against the potential impact of this new model of investment agreements on the autonomy of states to establish regulations in the public interest. As such, this Quarterly Brief seeks to analyze similarities and differences between the new Brazilian CIFAs and traditional bilateral investment agreements – as well as to evaluate them in light of alternative frameworks, elaborated by civil society networks, aimed at balancing investment promotion with human and environmental rights protection.
Topic:
Civil Society, Environment, Treaties and Agreements, Regulation, Social Justice, Land Rights, and Public Health
Political Geography:
Brazil and Latin America

10. Midcourse Manoeuvres:Community strategies and remedies for natural resource conflicts in Myanmar

Author:
Meenakshi Kapoor, Nwe Ni Soe, and Vidya Viswanathan
Publication Date:
06-2018
Content Type:
Special Report
Institution:
Centre for Policy Research, India
Abstract:
Land transformation has been at the centre of economic growth of post-colonial, Asian nation-states. While their political reforms and economic policies have focused on land governance, the outcomes have resulted in promoting privatisation and speculative business interest in ecologically sensitive landscapes that are also under diverse forms of common use by resource-dependent communities. A three-year study undertaken to understand community-level responses to land use transformation in India, Indonesia and Myanmar shows that the current scale and approach of land–intensive development in these large democracies is facilitated by fast-paced, top down policy changes. These policies are ‘stacked’ (when multiple layers of current and revoked laws are simultaneously in use) rather than integrated and their implementation is the responsibility of various authorities and agencies that overlap. Growing private investments in land that has remained within varying degrees of state control have changed the way land is managed. Land has become increasingly securitised and ‘out of bounds’ for small farmers and other land-users with or without recognised forms of ownership and use rights. Land conflicts are caused due to coercive acquisition processes or land grabs, unlawful operations of projects and long pending remedies to social and environmental impacts. In many instances, these conflicts begin even before the final decisions on projects are taken and persist for years. Highly capitalised land use change brings powerful investors and corporations, governments and local communities in unequal and precarious arrangements of negotiation and confrontation. Citizens and communities affected by land use change, use varied strategies such as administrative complaints, protests, litigation, media campaigns and political advocacy, and engage in improving project design and implementation, increase compensations, restore community access to resources and get a review on the operations of harmful projects. These are done under conditions of political intransigence and criminalisation of those who speak up. While all three countries have recognised land conflicts and their impact on development plans and proposals, they are yet to give affected people a formal and effective role in land and natural resource governance. This is the study report on Myanmar.
Topic:
Privatization, Natural Resources, Governance, Economic growth, Land Law, and Land Rights
Political Geography:
South Asia, India, Asia, and Myanmar