A surge in land grabbing over the past decade has seen millions of people displaced from their homes and farmland, often violently, and pushed deeper into poverty. As demand for food, fuel and commodities increases pressure on land, companies are all too often striking deals with corrupt state officials without the consent of the people who live on it. Until now, there has been little analysis of the role that corruption plays in the transfer of land and natural resources from local communities to political and business elites.  

Discusses highlights from a recent academic article exploring whether 3,000 bilateral and regional investment treaties protect ‘land grab’ deals and how these impact the land rights of rural people. Argues that, if not properly thought through, international treaties to protect foreign investment could compound shortcomings of local and national governance, undermining the rights of people impacted by the investments.

This yearbook chapter discusses the link between international investment law and commercial pressures on the world’s natural resources. It argues that changes in legal frameworks are redefining control over natural resources, and facilitating transitions toward more commercialised land relations. As pressures on resources increase, many national laws undermine the rights of people impacted by investments. If not properly thought through, international treaties to protect foreign investment could compound shortcomings of local and national governance.

Backroom Bullying: The Role of the United States Government in the Herakles Farms’ Land Grab in Cameroon, shows how bullying by US government officials may have played a critical role in the granting of nearly 20,000 ha by the Cameroonian government to the US-based firm Herakles Farms in 2013, instead of the cancellation of clearly flawed project.

This report presents the findings of the Yanacocha Independent Fact Finding Mission (the “Mission”), conducted between August 2015 and March 2016. The Mission was tasked with examining a conflict between a multinational gold mining company and a local campesino family, in the high Andes of northern Peru. At the root of the conflict is a dispute over a parcel of land called “Tragadero Grande”. Located within the Campesino Community of Sorochuco, Tragadero Grande falls within the footprint of a planned multi-billion dollar mining project called “Conga”.

Since 2009, Oxfam and others have been raising the alarm about a great global land rush. Millions of hectares of land have been acquired by investors to meet rising demand for food and biofuels, or for speculation. This often happens at the expense of those who need the land most and are best placed to protect it: farmers, pastoralists, forest-dependent people, fisherfolk, and indigenous peoples.

 

“It is paradoxical but hardly surprising that the right to food has been endorsed more often and with greater unanimity and urgency than most other human rights, while at the same time being violated more comprehensively and systematically than probably any other.”

Richard Cohen, in Causes of Hunger, 1994

The Prosecutor of the International Criminal Court ("ICC" or the "Court"), Fatou Bensouda, today, published a detailed policy document which provides guidance on how the Office of the Prosecutor exercises its discretion in the selection and prioritisation of cases.

Este informe presenta los hallazgos de la Misión Independiente de Constatación de los Hechos de Yanacocha (la «Misión»), realizada entre agosto de 2015 y marzo de 2016. A la Misión se le encargó examinar un conflicto entre una empresa minera aurífera multinacional y una familia campesina local en un área alto andina del norte del Perú. En la raíz del conflicto se encuentra una disputa sobre una parcela de tierra denominada «Tragadero Grande».

A Comparative Study of Land Rights Systems in Southeast
Asia and the Potential of National and International Legal
Frameworks and Guidelines....."Land rights systems in Southeast Asia are in constant
flux; they respond to various socioeconomic and political pressures and to changes in statutory and customary
law. Over the last decade, Southeast Asia has become
one of the hotspots of the global land grab phenomenon,
accounting for about 30 percent of transnational land
grabs globally. Land grabs by domestic urban elites,

Contains background to land administration in Ghana; Laudato Si and land grabbing – the Ghanaian context; unmasking land grab – case studies; empowering communities to address land grabbing in Africa – lessons from Ghana; policy considerations and recommendations.

Analyses inclusive land governance in Mozambique. Focuses on the country’s legal framework and the DUAT, the right to use and benefit from the land. The DUAT is a distinctive element of the Mozambican legislation that has land as the property of the state but recognises land use rights for occupants and users on the basis of a unitary system of tenure. The challenges of putting in practice what is thought to be one of Africa’s most progressive legal frameworks are discussed.