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Rights razed: forced evictions in Cambodia

Reports & Research
Diciembre, 2008
Camboya

This report published in 2008, shows how, contrary to Cambodia’s obligations under international human rights law, those affected by evictions have had no opportunity for genuine participation and consultation beforehand. Information on planned evictions and on resettlement packages has been incomplete and inaccurate, undermining the rights of those affected to information, and to participate in decisions which affect the exercise of their human rights, in particular the right to adequate housing.

Kessl. A New Jurisprudence of Land Reform in Namibia?

Reports & Research
Abril, 2008
Namibia
África

Includes the legal process of land reform in Namibia; the framing of the Kessl case; Article 16 and land expropriation; Article 18 on administrative justice; a new jurisprudence of land reform in Namibia? The case repeatedly upholds the legality of the principle of land expropriation, but finds that the Ministry’s administration of it has violated Namibian law on several grounds. The judgement undermines the Government’s credibility in terms of its ability to plan and manage its own land reform programme.

Police-powers, regulatory takings and the efficient compensation of domestic and foreign investors

Policy Papers & Briefs
Marzo, 2008

In customary international and public law, “takings” resulting from regulations designed to protect the public good are generally excluded from compensation rules; this exclusion is known as a police powers carve-out (PPCO). Increasingly, this PPCO is being challenged, particularly in international investment law. This paper analyzes the efficiency properties of a PPCO in a model with endogenous regulation, investment and entry.

The role of coercive measures in forced migration/internal displacement in Burma/Myanmar

Reports & Research
Marzo, 2008
Myanmar

Conclusion: "Most relevant reports and surveys I have been able to access state essentially that people from all parts of Burma leave home either in obedience to a direct relocation order from the military or civil authorities or as a result of a process whereby coercive measures imposed by the authorities play a major role in forcing down household incomes to the point where the family cannot survive. At this point, leaving home may seem to be the only option.

Eu já vi água ir embora (...) com natureza não se mexe, (...) eu já vi água ir embora os truká (PE), grandes projetos e o sentido da territorialidade no exercício da cidadania indígena contemporânea

Reports & Research
Febrero, 2008
América del Sur
Brasil
Diante da problemática dos grandes projetos ou projetos de desenvolvimento , cada vez mais comuns à realidade contemporânea de diversos países que se pretendem em votos de crescimento econômico, tornase coerente questionar como vivem e se adequam os diversos grupos sociais que são abruptamente inseridos em contextos de políticas interventivas ao meio-ambiente, que transformam dinâmicas históricas, cotidianas, rompendoas e retratando-as num novo cenário de desenvolvimento.

Arbitrary Confiscation of Farmers’ Land by the State Peace and Development Council (SPDC) Military Regime in Burma

Reports & Research
Enero, 2008
Myanmar

Abstract"
"This research was framed by a human rights approach to development as pursued by Amartya
Sen. Freedoms are not only the primary ends of development but they are the principle means of
development. The research was informed by international obligations to human rights and was placed
within a context of global pluralism and recognition of universal human dignity. The first research aim
was to study the State Peace and Development Council military regime confiscation of land and labour of

The Law of Land Administration of the People’s Republic of China

Legislation & Policies
Noviembre, 2007
China

Article 1:

"This Law is enacted in accordance with the Constitution for the purpose of strengthening land administration, maintaining the socialist public ownership of land, protecting and developing land resources, making rational use of land, effectively protecting cultivated land and promoting sustainable development of the society and the economy."

‘No Resettlement Available’: An assessment of the expropriation principle and its impact on land reform in Namibia

Reports & Research
Noviembre, 2007
Namibia
África

Contains introduction, 3 farms – the beginnings of land expropriation in Namibia; the Agricultural (Commercial) Land Reform Act 6 of 1995; the process of land reform in Namibia; the resettlement programme revisited; farm workers and resettlement; conclusions and recommendations. Argues that Namibia has to reconceptualise its agrarian model because the present land reform programme is setting impoverished black farmers up to fail.

Returnees Land Access : Lessons from Rwanda

Junio, 2007
Rwanda

This background briefing reports on a study of land access for returnees in Rwanda, and the impacts of land access policies in the post-conflict period. It also seeks to understand better the roles international humanitarian agencies and NGOs have played, and how their performance can be improved. It is not suggested that Rwanda is typical, but rather that the centrality of land issues there has thrown up a revealing set of broader questions.

The Land Act of Bhutan 2007

Legislation
Mayo, 2007
Asia meridional
Bhután

Preamble of Land Act: "Whereas, legislative reforms initiated from the Golden Throne have resulted in enactment and amendment of many laws for the benefit of the people of Bhutan, the Land Act of Bhutan shall stand testimony to the continued commitment and diligence of the Druk Gyalpo in his pursuit to promote the well-being of the Bhutanese people.