Land transformation has been at the centre of the economic growth of post-colonial Asia. In the 1990s, many Asian countries embraced economic liberalization and speculative business interests in land began to replace the state’s control of land for developmental purposes. The growing demand for land by corporations and private investors has fuelled several regional land rush waves in Asia, bringing them directly in conflict with communities that require these lands for their occupations and survival.

This guide for legal advisors, community leaders and members explains how communities can prepare for interactions with potential investors, including making decisions about whether or not to negotiate. It can be used to help a community: (a) prepare before an investor arrives and (b) decide whether or not to enter into discussions or negotiations with an investor that has arrived. It should be used before any negotiations start.

Across Africa, Asia and Latin America, investors are increasingly approaching rural communities seeking land for logging, mining, and agribusiness ventures. Even in those situations where the investors have followed FPIC guidelines and undertaken a formal “consultation” with the community, these consultations are generally conducted in a context of significant power and information asymmetries. Part of the power imbalance comes from communities’ lack of information about the value of community lands and natural resources.