Expropriation Bill
To provide for the expropriation of property for a public purpose or in the public
interest, subject to just and equitable compensation; and to provide for matters
connected therewith.
AGROVOC URI:
To provide for the expropriation of property for a public purpose or in the public
interest, subject to just and equitable compensation; and to provide for matters
connected therewith.
In Mozambique, changes in land access and use are shaping new landscapes, often at the expense of the poor. Despite progressive land legislation, elite groups and vested interests are consolidating land holdings while peasant producers are being dispossessed of their land and access to fertile plots is becoming increasingly difficult.
The challenges associated with determining fair compensation for expropriated land have been extensively discussed and debated among scholars, practitioners, policymakers, and the public. However, to date, a comprehensive study of national-level compensation procedures established by law considering whether such procedures meet internationally recognized standards on compensation valuation has not been conducted. This article aims to bridge this gap by serving as a reference point and informing “expro” debates among scholars, practitioners, and policymakers.
Includes trends prospects and policies, biofuel production and land access in Tanzania – laws, policies and procedures, impacts of biofuel investments on land access. Findings and implications cover production models and their impacts on local land access; risks of land alienation – long term impacts; limitations of compensation; use of third-party mediators?; large-scale transfers of land for biofuels are most problematic; linking policy with practice; shortcomings of biofuel guidelines; alternative land holding structures and production models.
Analyses the configuration of land rights among different users of land and discusses the implementation of Tanzania’s land policy reform. The key rights explored include those of small-scale producers (farmers and pastoralists) and large-scale investors. Explores how the state defines, allocates, protects and compensates for land when it appropriates such rights. Looks at the formal, informal and procedural rights that provide for and protect the rights of small-scale producers and investors, and the compensation offered to those who give up their land for investment.
5 chapters: introduction; features, triggers, and drivers of the global rush for land; impacts; factors shaping the land rush; conclusions and policy considerations. Africa is the prime target, the best land is often being targeted for acquisition, national elites are playing a major role, the rural poor are frequently being dispossessed, compensation for resource loss is rarely adequate, women are particularly vulnerable.
Summary: Includes land acquisitions continue to be an important trend; a need for this new, updated report; agricultural land acquisitions are increasingly becoming operational; food crops dominate but also palm oil and fuel crops; Africa is the most targeted continent; large diversity in origin of investors; land acquisitions often target relatively highly populated areas dominated by croplands; local communities are often bypassed in negotiations, limited information on displacement and compensation; a need for further monitoring.
Tackles a number of key issues around reopening the restitution claim process including: Restitution to date has been slow and many rural land claims are not yet finalised; ungazetted and yet-to-be-finalised land claims are at risk from new claims; many new land claims are likely to be for cash compensation, or tribal claims led by chiefs, and contribute little to rural transformation; Parliament should enact regulations to ring-fence existing land claims.
Comments on the IDRC workshop on LSLAs and accountability in Africa, Dakar, 24-25 November 2015. The current IDRC programme supports 5 action research projects across 10 countries in West, East and Southern Africa. They investigate how to build accountability over land governance. This requires a multi-level strategy at both policy and community level. The most contentious debate was about valuation, benefit-sharing and compensation because compensation almost always fails to take full account of the real value of natural resources in people’s lives.
Argues that the seizure of farmland for commercial diamond mining in Angola’s Lunda provinces is causing widespread hunger and deepening poverty. Fields are destroyed where crops are cultivated and arbitrary measurements taken to determine how much to pay the peasants; only US$0.25 per square metre of land seized. The law which ought to provide some protection is routinely ignored. Calls on the companies involved to start negotiations with farming communities to ensure fair compensation for people who lose access to their land through the granting of diamond mining concessions.
Examines various grievances against Socfin in Sierra Leone including lack of proper consultation, transparency and compensation, pressure and intimidation, destruction of livelihoods. Argues it is critical that the Socfin’s deal is urgently reviewed.
Includes introduction, context, land deals (extent, nature and origins), key issues (land availability, consultations, compensation, agrofuels), impacts (food security, water, social and political effects), conclusions – major challenges include lack of information and coordination, secrecy and flaws in the investment processes, need for transparency and open debate.