The Parliament of South Africa has agreed to amend the Constitution of the country in order to make it explicit that it is possible to expropriate land without paying compensation in order to further land reforms. The supporters of this move - the ruling African National Congress (ANC) and the opposition Economic Freedom Fighters (EFF) – argue that this is necessary to speed up land reforms in order to overcome the continuing extreme and still largely racially defined inequalities in land ownership.
Next week the Conference on Land Policy in Africa - Winning the Fight against Corruption in the Land Sector: Sustainable Pathway for Africa’s Transformation, will take place in Abidjan. The African Union recognises that corruption is a key factor hampering efforts at promoting governance, socio-economic transformation, peace and security, and the enjoyment of human rights in the Member States.
Banks must stand with Indigenous and local communities in respecting their land rights
In 2018, every week more than three people were murdered, defending their land and environment from destructive industries like mining, logging and agribusiness. These killings represent the extreme end of a spectrum of violence and threats directed at land rights defenders.
In the past decade, significant international attention focused on “land grabs” in developing countries by companies and others hungry for land to grow food and procure resources for the world’s growing population.
Montenegro is preparing another millennial nationalization, as land grabbing becomes a country’s law, with 293 million square metres of seacoast territories to be seized. Private property is being treated as a money machine, leaving owners deprived.
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.
Over the last 10 years, a clear consensus has emerged: investments in land should be done responsibly. However, understanding tenure-related risk in the context of land-based agricultural investments in emerging markets can be complex.
For individual women and men within communities, these complexities can have severe and negative effects on their land and livelihoods. This is especially true for more vulnerable members of the community: widowed or divorced women, youth, and ethnic minorities.
Until now, a comprehensive study of national-level expropriation, compensation, and resettlement procedures in 50 countries across has not been conducted. My PhD research project, facilitated by the University of Groningen Faculty of Law, aims to bridge this gap by providing a broad comparative analysis of nation legal frameworks in 50 countries across Asia, Africa, and Latin America to determine whether legal procedures in these countries adopt internationally recognized standards on expropriation, compensation, and resettlement.
From November 28 to December 23, 2016, Land Portal hosted a successful Land Debate on land valuation and fair compensation. The debate focused on the question of what is fair compensation for land in cases of land tenure changes (e.g. expropriations and voluntary land transfers), and what measures are sufficient to ensure the livelihoods of affected landholders are restored.
The Rethinking Expropriation Law initiative hosted a Conference on Compensation for Expropriation in Cape Town, South Africa on December 7-9, 2016. The final session of the Conference took place on December 9 and aimed at discussing the development of a protocol on fair compensation.
For the final session in Cape Town, scholars, judges, activists, and government officials from around the world sat together to provide input on what guidance and principles should be included in the protocol on fair compensation.