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Encroaching on Land and Livelihoods: How National Expropriation Laws Measure Up Against International Standards

Policy Papers & Briefs
May, 2016
Global

Encroaching on Lands and Livelihoods considers whether national expropriation laws in 30 countries across Asia and Africa follow the international standards established in Section 16 of the VGGTs. It analyzes laws against a set of 24 indicators (hereinafter “expropriation indicators”) based on the standards established in Section 16 and provides examples of expropriation practices drawn from literature reviews to illustrate the importance of adopting international standards.

Financial Compensation Policy

Legislation & Policies
May, 2016
South Africa

Policy Statemen the amount f compensation to be paid to a Claimant (that has opted for restitution in the form of financial compensation) that is entitled to restitution shall be determined in accordance with this policy, read the Restitution Act. This policy replaces prior policies on the determination of financial compensation.

Mining Act, 2016 (No. 12 of 2016).

Legislation
May, 2016
Kenya

This Act provides rules for the prospecting for and mining of minerals specified in the First Schedule to this Act. Save to the extent provided for in this Act, it shall not apply to matters relating to petroleum and hydrocarbon gases. The Cabinet Secretary responsible for mining, the Principal Secretary of the responsible ministry and any person shall be guided by the values and principles enshrined in the Constitution and in particular Articles 10, 66 (2), 201 (c) and (d), and 232 of the Constitution and the principles of leadership and integrity.

Laos Decree on Compensation and Resettlement Management in Development Projects

Legislation & Policies
March, 2016
Laos

This Decree provides principles, regulations and standards on the management, monitoring of compensation of losses and the management of resettlement activities in order to properly and effectively implement development projects with the aims to ensure that the affected people are compensated, resettled and are assisted with permanent livelihood alternatives leading to improving of living conditions to be better off or to be at the same level as they were before as well as to ensure that the projects can contribute to the socio-economic development of the nation in sustainable manners.

Determining Minimum Compensation for Lost Farmland: A Theory-Based Impact Evaluation of a Land Grab in Sierra Leone

Policy Papers & Briefs
March, 2016
Sierra Leone

The land grabbing issue has produced a plethora of debates ranging from ethical conduct of land grabbing agents, specifically concerning displacement, to evidence for and against positive externalities such as technological spill-overs and construction of infrastructure. An underexplored topic is the valuation of agricultural land and the compensatory payments made to land users, distinct from land owners, for the loss of their source of food security.

Acuerdo Nº 21-2015 ─ Reglamento Especial para la Implementación de Mecanismos de Compensación por Bienes y Servicios Ecosistémicos.

Regulations
March, 2016
Honduras

El presente Acuerdo aprueba el Reglamento Especial para la Implementación de Mecanismos de Compensación por Bienes y Servicios Ecosistémicos, que tiene como objetivo general promover la protección, conservación, restauración y uso sostenible de áreas que brindan bienes y servicios ecosistémicos de interés a usuarios directos e indirectos en el territorio nacional a través de la implementación de mecanismos de compensación por bienes y servicios ecosistémicos.Constituyen sus objetivo específicos: 1) Establecer disposiciones, procedimientos, formas e instancias para la financiación, promoción

Commission on Restitution of Land Rights 2nd & 3rd Quarter 2015/16 performance, with Deputy Minister

Legislation & Policies
February, 2016
South Africa

The Committee welcomed the Quarterly Reports as they showed the progress that had been made in dealing with claims. However discomfort was expressed at the pace of restitution. The Committee was very interested in the research aspect of the Commission’s brief.

Policy and Legislative criteria for acquisition and granting of land for investment purposes in Kenya

Policy Papers & Briefs
January, 2016
Kenya

Kenya is currently implementing a number of large scale infrastructure and development projects aimed at trans forming the country into a newly industrializing, middle-income country. For this, the government has had to compulsorily acquire large tracts of land upon which the infrastructure is set.

How can governments and investors be held to account for land deals in Africa?

Reports & Research
December, 2015
Africa

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.