After decades of being the elephant in the room of global development, only now are we seeing increased recognition of land rights

Fred Nelson is executive director of Maliasili and Michael Taylor is director of International Land Coalition 

Land rights have finally been invited to the party - sitting at the intersection of some of the world’s most urgent development, environmental, and human rights priorities.

This week in Geneva, the Human Rights Council is expected to take a position on the follow-up to a draft Declaration on the Rights of Peasants and Other Persons Working in Rural Areas. Five years after the start of the negotiations, we are at a turning point.

BERTA CÁCERES, ASSASSINATED in her home in March 2016, was just one of hundreds of Latin American environmental activists attacked in recent years. At least 577 environmental human rights defenders (EHRDs) were killed in Latin America between 2010 and 2015 – more than in any other region. In addition to violence, EHRDs suffer legal threats and harassment, severely impeding their work. Before Cáceres' murder, she faced trumped-up charges due to her opposition to hydroelectric dams on her indigenous community's territory.

A CLASSIC RESPONSE from governments and businesses in recent time is not just to characterize legitimate grievances by Indigenous Peoples and local communities as anti- government, anti-development, and anti-investment. They are waging wars against Indigenous Peoples and individuals who are protecting the planet and its people by criminalizing their legitimate grievances and then threatening, arresting, intimidating, and imprisoning those who dare challenge this mode of development. 

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FRONT LINE DEFENDERS has documented 821 human rights defenders (HRDs) who have been killed in the four years since we started producing an annual global list in cooperation with national and international NGOs. Seventy-nine percent of this total came from six countries: Brazil, Colombia, Guatemala, Honduras, Mexico, and the Philippines. The vast majority of these cases have never been properly investigated, and few of the perpetrators of the killings have been brought to justice.

Land conflicts can be fatal for burgeoning agribusiness or other enterprises located in rural regions, but many companies have limited knowledge of how to anticipate and evaluate land-related risk. This is particularly true for land held under collective arrangements by Indigenous peoples or other communities, which is seldom formally documented.

Vacant Land, or Invisible Risk?

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Large scale land grabs are often sites of immediate and sometimes violent mobility, as people are evicted and obliged to move elsewhere. The term “grab” signals abruptness.

Yet processes that change peoples’ access to land, and the diverse processes of human mobility that land transformations generate, often take decades to unfold.  Research on Indonesia's large scale oil palm plantations shows the importance of attending to these long term processes.

In the fading afternoon light, Kou Berpa leads a small group out to a patch of land a short distance off of the main road in Ganta, Liberia.

The land is strewn with rocks and dried vegetation. The jagged remains of a tree stump consume one corner. It’s easy to miss the green shoots scattered across the grounds – the beginnings of a crop of corn that Kou has planted.

The Santa Clara de Uchunya community has lived in a remote section of the Peruvian Amazon for generations. Like many indigenous groups, this community of the Shipibo-Konibo people have traditionally managed and relied on forests for hunting, fishing and natural resources.

But in 2014, someone started cutting down large sections of the community’s ancestral forests.

As more than 1,000 global leaders in land rights gather in Washington, D.C., next week for the annual World Bank Land and Poverty conference, there will, no doubt, be much discussion focused on gathering data to measure global progress toward documenting and strengthening land rights for all women and men.

Much of the world’s rural landscapes are technically managed by national governments with limited recognition of, or support for, the rights and management responsibilities of the rural poor who live in these areas. In an era of large-scale land acquisitions for global commodity production, this has led, in some cases, to governments allocating vast tracts of land and resources to companies with limited or no consultation of the people affected.