Through LMAP, and subsequent LASSP, Cambodia has made impressive progress in building a functioning cadastral system over the last ten years. This process has proved complex and challenging, but since commencing, the land registration teams have successfully issued over 1.7 million land titles, a strong legal framework has been developed for the functioning of the land administration bodies and mechanism, institutions have been built and strengthened, and a dispute resolution process has been established for dealing with disputes over unregistered land.

Land deals are frequently agreed in secret between governments and investors. This lack of transparency in the allocation of land fosters an environment where elite capture of natural assets becomes the norm, where human rights are routinely abused with impunity, where environmental destruction is ignored and where investment incentives are stacked against companies willing to adhere to ethical and legal principles.

This paper investigates the real financial consequences of investing in land with disputed tenure rights. It demonstrates that companies which ignore the issue of land tenure expose themselves to substantial, and in some cases extreme, risks. Using case study analysis, the paper connects ground-up financial thinking with empirical reality. In so doing, it makes a strong case for the need to integrate tenure-related risks more comprehensively into our financial architecture.

Northern Burma’s borderlands have undergone dramatic changes in the last two decades. Three main and interconnected developments are simultaneously taking place in Shan State and Kachin State: (1) the increase in opium cultivation in Burma since 2006 after a decade of steady decline; (2) the increase at about the same time in Chinese agricultural investments in northern Burma under China’s opium substitution programme, especially in rubber; and (3) the related increase in dispossession of local communities’ land and livelihoods in Burma’s northern borderlands.

ABSTRACTED FROM THE INTRODUCTION: Foreign investment in agriculture has expanded since 2005, although the figures remain modest. The Cambodian government has prioritized investment in the sector, and an important part of the government strategy has been its policies on land concessions. A 2005 sub-decree sets out the procedures, mechanisms and institutional arrangements for offering economic land concessions (ELCs), with the objective of improving crop diversity, productivity, and employment, among other benefits. By 2009, just over a third of ELCs had gone to foreign investors.

Despite the tens of millions of dollars in aid and concessional loans being spent in Cambodia with the ostensible aim of securing land tenure and making the management of land and natural resources more equitable and sustainable, the evidence shows that tenure insecurity, forced evictions and large-scale land grabbing are escalating to alarming levels.

Most of the land reforms of recent decades have followed an approach of “formalization and capitalization” of individual land titles (de Soto 2000). However, within the privatization agenda, benefits of unimproved land (such as land rents and value capture) are reaped privately by well-organized actors, whereas the costs of valorization (e.g., infrastructure) or opportunity costs of land use changes are shifted onto poorly organized groups. Consequences of capitalization and formalization include rent seeking and land grabbing.

ABSTRACTED FROM THE EXECUTIVE SUMMARY: Myanmar faces an unprecedented scale of structural landlessness in rural areas, increasing displacement threats to farmers as a result of growing investment interest by both national and international firms, expanding speculation in land and real estate, and grossly inadequate housing conditions facing significant sections of both the urban and rural population. Legal and other protections afforded by the current legal framework, the new Farmland Law and other newly enacted legislation are wholly inadequate.

Over the past decade the Myanmar government has increasingly promoted industrial agricultural production in the country, especially for rubber. With the lead up to the national elections, and now after political-economic reforms begin to set in, foreign investors are eager to make Myanmar into the next rubber production frontier. This report outlines the emerging political ecology of rubber production in Myanmar, with particular attention to the political economy and geography of rubber development taking root during Myanmar’s reform period.

The report, submitted in accordance with resolution 18/25 of 26 September 2011 of the Human Rights Council, is an assessment of the human rights impact of economic land concessions (ELCs) and other land concessions and major development projects in Cambodia (generally referred to as ―land concessions‖ throughout the report unless otherwise specified).

The Land Matrix project was set up to respond to the lack of widely available, reliable data on large-scale land transactions in the Global South. It collates and evaluates data from a wide range of sources on large transnational transactions in the agricultural sector and other sectors. This report represents the first thorough analysis of the Land Matrix database.

Across the world, ‘green grabbing’ – the appropriation of land and resources for environmental ends – is an emerging process of deep and growing significance. The vigorous debate on ‘land grabbing’ already highlights instances where ‘green’ credentials are called upon to justify appropriations of land for food or fuel – as where large tracts of land are acquired not just for ‘more efficient farming’ or ‘food security’, but also to ‘alleviate pressure on forests’.