Research shows that land disputes are increasingly common, exposing businesses to severe risks at the project level. The problem is endemic and growing – companies want evidence-based approaches to address this new reality and understand their exposure to risk. The Quantifying Tenure Risk (QTR) financial model blends verified company data with detailed case research to accurately assess tenure risk and provide tailored support to investors and businesses. 

This LEGEND bulletin explores early experiences and emerging lessons from four of these projects, and includes testimony from community members attesting to their positive results.

In South Africa, policies of separate development and restrictions placed on capital expenditure imposed on the lands occupied by the indigenous people during the colonial era prevented the state from implementing the cadastre in the communal areas of the country. The status quo persists to this day, which has resulted in a dual system that promoted investment in areas where private property rights were permitted, but relegated the traditional communities into poverty and disinvestment

Land registration and titling in Africa has been seen as a means of legal empowerment of the poor that can protect smallholders’ and pastoralists’ rights of access to land and other landbased resources.

The Department of Mineral Resources is attempting to develop oil and gas drilling in South Africa through Operation Phakisa. The project is still in the early stages of research and exploration, but the Department aims to have 30 wells built in 10 years. DME estimates very roughly, that as many as 9 billion barrels of oil and 9 billion barrels of gas could be within South African borders, and many national and international companies have expressed interest in investing in South African drilling.

Sub-Saharan Africa has always been perceived as a land-abundant continent. Deininger & Byerlee (2011) estimate that the continent has the largest area of potentially available uncultivated land. Despite these abundant resources, the agricultural sector continues to be dominated by smallholder production that is characterized by high labor and low capital intensities – but still produces the majority of food in Africa (IFAD & UNEP, 2013).

Across Africa, Asia and Latin America, investors are increasingly approaching rural communities seeking land for logging, mining, and agribusiness ventures. Even in those situations where the investors have followed FPIC guidelines and undertaken a formal “consultation” with the community, these consultations are generally conducted in a context of significant power and information asymmetries. Part of the power imbalance comes from communities’ lack of information about the value of community lands and natural resources.

This note is for private sector project implementers and financers (development finance institutions, international development agencies, commercial lenders and equity investors) seeking to invest responsibly in new greenfield sites in low and middle- income countries. It aims to provide practical guidance on identifying and addressing community land conflicts to prevent them escalating into disputes between the project and local communities.

The study was commissioned to the KIT Royal Tropical Institute in July 2017 by the Land Dialogue, with financial support from the Dutch Government. The objective is to provide insight and guidance into the relevance of land governance as a possible priority theme t o be considered in the process of the International Responsible Business Conduct (IRBC) Agreements.

Southern Ethiopia’s Lower Omo Valley is one of the most culturally and biologically diverse areas in the world, yet the Ethiopian government is transforming more than 375,000 hectares (1450 sq. miles) of the region into industrial-scale plantations for sugar and other monocrops.

Pastoralism has been under pressure due to a number of factors including climate change, population pressure and socioeconomic dynamism. These factors have affected the relationships among different pastoral groups and the functioning of the customary institutions in managing natural resources. Interference of the state structures into pastoral areas, land alienation for large scale investment and delineation of protected area from communal grazing areas have negatively affected the relationships between pastoralists and the state.

Mokoro’s practical and action-oriented long-term strategic research project, the Women’s Land Tenure Security Project (WOLTS), is piloting its methodology through a ‘Study on the threats to women’s land tenure security in Mongolia and Tanzania’.