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Lack of Land Rights Could Lead to Land Rush
New studies suggest that weak land rights are fueling a land rush in Africa and elsewhere. The findings say the sell-off of forests and other prime lands to developers could trigger widespread civil unrest.
The Rights and Resources Initiative says national leaders and investors1 must recognize the customary rights of poor people, who have lived or worked on these lands for centuries.
“The amount of land that is owned by customary communities around the world is about 3 billion hectares of land. And just to give you a sense, in sub-Saharan Africa, about 1.4 billion hectares of the land is not legally recognized to be owned by customary communities and under customary tenure2 rights systems,” said Jeffrey Hatcher, director of the initiative’s global programs.
Customary law
Customary law, he said, has long been a part of local communities, even if it’s not contained in law books.
“These are just the traditional rules and obligations that regulate ownership of land in a lot of the developing world. It’s basically a system of rules and laws that are known as customary laws because they’re not written down in code and they’re not in statutes3, basically. Customary law in the U.K. or in the United States is basically the basis of our legal system. And in Africa, the law of communities has as much weight to them as our customary law has to us,” he said.
Hatcher said the land desired by developers is where indigenous4 people live, farm, make their living, find material to build houses or where water resources are located. He said that “controversial land acquisitions have been a key factor in triggering civil wars.”
Conflict
“One good example,” he said, “is in Sudan, where in the 80s and the 90s large-scale land acquisitions for plantations5 were purchased by individual investors from Khartoum and were part of the main grievances6 that the south had against the north in Sudan. Part of this, I guess, the trigger for civil war in that case. But you see in other places, like in Liberia, companies coming in to an area to grow oil palm plantations and the communities have really no understanding that their rights to land had been given away to a company.”
That can result in conflict between companies and communities and between communities and governments.
“Some investors are caught off guard by this because they think they’ve actually purchased the rights by dealing7 directly with the government. And they haven’t realized that the government hasn’t sorted out land rights in the area where they’re going,” he said.
Hatcher said it’s true that in many places communities do not legally own the land. He describes that as a relic8 of colonial legislation that gave customary rights the lower status of tenancy or occupancy. He also says the promise of jobs by developers is often not realized.
“Large-scale timber companies move into Central Africa and sign commitments to build schools and produce jobs. And really the fact of the matter is they don’t do much in that regard. They might produce some jobs at low paying wages for people,” he said.
The Rights and Resources Initiative says international aid can be used as leverage9 to ensure the land rights of local communities. It says developers will make better returns on their investment if they consult with local communities about the projects, instead of being delayed by protests or conflict. It says international guidelines, like the Kimberley Process for conflict diamonds, can be used to ensure business is done in accord with customary land laws.
The initiative is a coalition10 of international, regional and community organizations working in development, research and conservation. It's stated mission is to "advance forest tenure, policy and market reforms globally" to support local communities.
1 investors | |
n.投资者,出资者( investor的名词复数 ) | |
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2 tenure | |
n.终身职位;任期;(土地)保有权,保有期 | |
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3 statutes | |
成文法( statute的名词复数 ); 法令; 法规; 章程 | |
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4 indigenous | |
adj.土产的,土生土长的,本地的 | |
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5 plantations | |
n.种植园,大农场( plantation的名词复数 ) | |
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6 grievances | |
n.委屈( grievance的名词复数 );苦衷;不满;牢骚 | |
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7 dealing | |
n.经商方法,待人态度 | |
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8 relic | |
n.神圣的遗物,遗迹,纪念物 | |
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9 leverage | |
n.力量,影响;杠杆作用,杠杆的力量 | |
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10 coalition | |
n.结合体,同盟,结合,联合 | |
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