News / Africa

Lack of Land Rights Could Lead to Land Rush

Community leaders in Nimba Point in Grand Cape Mount, Liberia, take Alfred Brownell (center) of Green Advocates, a member of the Rights and Resources Initiative, on a tour of land that had been cleared by Sime Darby, a Malaysia-based company.
Community leaders in Nimba Point in Grand Cape Mount, Liberia, take Alfred Brownell (center) of Green Advocates, a member of the Rights and Resources Initiative, on a tour of land that had been cleared by Sime Darby, a Malaysia-based company.
Joe DeCapua

New studies suggest that weak land rights are fueling a land rush in Africa and elsewhere. The findings say the sell-off of forests and other prime lands to developers could trigger widespread civil unrest.

The Rights and Resources Initiative says national leaders and investors must recognize the customary rights of poor people, who have lived or worked on these lands for centuries.

“The amount of land that is owned by customary communities around the world is about 3 billion hectares of land. And just to give you a sense, in sub-Saharan Africa, about 1.4 billion hectares of the land is not legally recognized to be owned by customary communities and under customary tenure rights systems,” said Jeffrey Hatcher, director of the initiative’s global programs.

Customary law

Customary law, he said, has long been a part of local communities, even if it’s not contained in law books.

“These are just the traditional rules and obligations that regulate ownership of land in a lot of the developing world. It’s basically a system of rules and laws that are known as customary laws because they’re not written down in code and they’re not in statutes, basically. Customary law in the U.K. or in the United States is basically the basis of our legal system. And in Africa, the law of communities has as much weight to them as our customary law has to us,” he said.

Hatcher said the land desired by developers is where indigenous people live, farm, make their living, find material to build houses or where water resources are located. He said that “controversial land acquisitions have been a key factor in triggering civil wars.”

Conflict

“One good example,” he said, “is in Sudan, where in the 80s and the 90s large-scale land acquisitions for plantations were purchased by individual investors from Khartoum and were part of the main grievances that the south had against the north in Sudan. Part of this, I guess, the trigger for civil war in that case. But you see in other places, like in Liberia, companies coming in to an area to grow oil palm plantations and the communities have really no understanding that their rights to land had been given away to a company.”

That can result in conflict between companies and communities and between communities and governments.

“Some investors are caught off guard by this because they think they’ve actually purchased the rights by dealing directly with the government. And they haven’t realized that the government hasn’t sorted out land rights in the area where they’re going,” he said.

Hatcher said it’s true that in many places communities do not legally own the land. He describes that as a relic of colonial legislation that gave customary rights the lower status of tenancy or occupancy. He also says the promise of jobs by developers is often not realized.

“Large-scale timber companies move into Central Africa and sign commitments to build schools and produce jobs. And really the fact of the matter is they don’t do much in that regard. They might produce some jobs at low paying wages for people,” he said.

The Rights and Resources Initiative says international aid can be used as leverage to ensure the land rights of local communities. It says developers will make better returns on their investment if they consult with local communities about the projects, instead of being delayed  by protests or conflict. It says international guidelines, like the Kimberley Process for conflict diamonds, can be used to ensure business is done in accord with customary land laws.

The initiative is a coalition of international, regional and community organizations working in development, research and conservation. It's stated mission is to "advance forest tenure, policy and market reforms globally" to support local communities.

You May Like

Multimedia US Nurse ‘Cured of Ebola,’ NIH Says

Nina Pham, Texas nurse who treated first Ebola patient in US, received no experimental drugs; WHO expects vaccine surge in 2015 More

Video Islamic State Militants Encroach on Baghdad

Iraqi capital not under ‘imminent threat,’ US military says, amid worries about foothold More

Video Hong Kong Protesters Focus on Holding Volatile Mong Kok

Activists say holding Mong Kok is key to their movement's success, despite confrontations with angry residents and police More

This forum has been closed.
Comments
     
There are no comments in this forum. Be first and add one

Featured Videos

Your JavaScript is turned off or you have an old version of Adobe's Flash Player. Get the latest Flash player.
After Decades of Pressure, Luxembourg Drops Bank Secrecy Rulesi
X
October 21, 2014 12:20 AM
European Union finance ministers have reached a breakthrough agreement that will make it more difficult for tax cheats to hide their money. The new legislation, which had been blocked for years by countries with a reputation as tax havens, was approved last week after Luxembourg and Austria agreed to lift their vetoes. But as Mil Arcega reports, it doesn’t mean tax cheats have run out of places to keep their money hidden.
Video

Video After Decades of Pressure, Luxembourg Drops Bank Secrecy Rules

European Union finance ministers have reached a breakthrough agreement that will make it more difficult for tax cheats to hide their money. The new legislation, which had been blocked for years by countries with a reputation as tax havens, was approved last week after Luxembourg and Austria agreed to lift their vetoes. But as Mil Arcega reports, it doesn’t mean tax cheats have run out of places to keep their money hidden.
Video

Video Kobani Refugees Welcome, Turkey Criticizes, US Airdrop

Residents of Kobani in northern Syria have welcomed the airdrop of weapons, ammunition and medicine to Kurdish militia who are resisting the seizure of their city by Islamic State militants. The Turkish government, however, has criticized the operation. VOA’s Scott Bobb reports from southeastern Turkey, across the border from Kobani.
Video

Video China Political Meeting Seeks to Improve Rule of Law

China’s communist leaders will host a top level political meeting this week, called the Fourth Plenum, and for the first time in the party’s history, rule of law will be a key item on the agenda. Analysts and Chinese media reports say the meetings could see the approval of long-awaited measures aimed at giving courts more independence and include steps to enhance an already aggressive and high-reaching anti-corruption drive. VOA’s Bill Ide has more from Beijing.
Video

Video US ‘Death Cafes’ Put Focus on the Finale

In contemporary America, death usually is a topic to be avoided. But the growing “death café” movement encourages people to discuss their fears and desires about their final moments. VOA’s Jerome Socolovsky reports.
Video

Video Ebola Orphanage Opens in Sierra Leone

Sierra Leone's first Ebola orphanage has opened in the Kailahun district. Hundreds of children orphaned since the beginning of the Ebola outbreak face stigma and rejection with nobody to care for them. Adam Bailes reports for VOA about a new interim care center that's aimed at helping the growing number of children affected by Ebola.
Video

Video Young Nairobi Tech Innovator on 'Track' in Security Business

A 24-year-old technology innovator in Nairobi has invented a tracking device that monitors and secures cars. He has also come up with what he claims is the most robust audio-visual surveillance system yet. As Lenny Ruvaga reports from the Kenyan capital, his innovations are offering alternative security solutions.
Video

Video Latinas Converting to Islam for Identity, Structure

Latinos are one of the fastest growing groups in the Muslim religion. According to the Pew Research Center, about 6 percent of American Muslims are Latino. And a little more than half of new converts are female. VOA’s Carolyn Presutti travelled to Miami, Florida -- where two out of every three residents is Hispanic -- to learn more.
Video

Video Exclusive: American Joins Kurds' Anti-IS Fight

The United States and other Western nations have expressed alarm about their citizens joining Islamic State forces in Syria and Iraq. In a rare counterpoint to the phenomenon, an American has taken up arms with the militants' Syrian Kurdish opponents. Elizabeth Arrott has more in this exclusive profile by VOA Kurdish reporter Zana Omer in Ras al Ayn, Syria.
Video

Video South Korea Confronts Violence Within Military Ranks

Every able-bodied South Korean male between 18 and 35 must serve for 21 to 36 months in the country’s armed forces, depending upon the specific branch. For many, service is a rite of passage to manhood. But there are growing concerns that bullying and violence come along with the tradition. Reporter Jason Strother has more from Seoul.
Video

Video North Carolina Emerges as Key Election Battleground

U.S. congressional midterm elections will be held on November 4th and most political analysts give Republicans an excellent chance to win a majority in the U.S. Senate, which Democrats now control. So what are the issues driving voters in this congressional election year? VOA National Correspondent Jim Malone traveled to North Carolina, one of the most politically competitive states in the country, to find out.
Video

Video Comanche People Maintain Pride in Their Heritage

The Comanche (Indian nation) once were called the “Lords of the Plains,” with an empire that included half the land area of current day Texas, large parts of Oklahoma, New Mexico, Kansas and Colorado.The fierceness and battle prowess of these warriors on horseback delayed the settlement of most of West Texas for four decades. VOA’s Greg Flakus reports from Lawton, Oklahoma, that while their warrior days are over, the 15,000 members of the Comanche Nation remain a proud people.
Video

Video Turkey Campus Attacks Raise Islamic Radicalization Fears

Concerns are growing in Turkey of Islamic radicalization at some universities, after clashes between supporters of the jihadist group Islamic State (IS) or ISIS, and those opposed to the extremists. Pro-jihadist literature is on sale openly on the streets of Istanbul. Critics accuse the government of turning a blind eye to radicalism at home, while Kurds accuse the president of supporting IS - a charge strongly denied. Henry Ridgwell reports from London.

All About America

AppleAndroid