Monthly Archives: July 2012

Announcement – Call for cases related to World Bank resettlement

The World Bank is currently undertaking a review of its various safeguard policies, including that related to involuntary resettlement. Respect for the latter policy has been at issue in a number of countries but perhaps most notably in recent months, in Cambodia. In order to help get the most out of this process, Inclusive Development International (IDI) and the Bank Information Center (BIC) have issued a call for cases involving the application of the policy on forced resettlement. TN readers aware of relevant cases are welcomed to look at the full call for cases, which is reprinted here under ‘resources’.

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Is the European Commission sweet on land grabbing? Trade benefits, sugarcane concessions and dispossession in Cambodia – UPDATED

by David Pred

David Pred is co-founder and managing associate of Inclusive Development International (IDI), an association working to make the international development paradigm more just and inclusive.

Before you reach for that Tate and Lyle sugar packet to sweeten your coffee, you might want to think twice.  While most Tate and Lyle sugar packets carry the Fair Trade label, Cambodian farmers who were displaced and dispossessed by their suppliers say that if you are buying this product, you are buying their blood. Earlier this month, representatives of affected communities called for a consumer boycott of companies selling sugar grown on stolen land, including Tate and Lyle Sugars.

Over the past several years, hundreds of thousands of Cambodians have been uprooted from their homes, farmlands, and forests by companies that have been granted concessions for the development of agro-industrial plantations.

The sugarcane industry has been one of the worst offenders in this land-grabbing crisis. In the last five years, land concessions totaling tens of thousands of hectares have been granted to private companies for industrial sugarcane production.  These concessions have led to the destruction of protected forests and the pollution of water sources. Local farmers’ crops have been razed and their animals shot. Homes have been burned to the ground. Thousands of women and children have been left destitute.  Some have been thrown in jail for daring to protest.

Despite the abundant evidence of these crimes, none of the responsible individuals and companies have been held to account. As if that wasn’t scandalous enough, this ‘blood sugar’ is being exported to Europe, where it receives special trade benefits under the EU’s Everything But Arms (EBA) initiative.  Through this preferential trading scheme, the world’s least developed countries are able to export goods to the EU with zero tariffs or quotas, and in the case of sugar, at a guaranteed minimum price.

It should be a crime to peddle goods produced on stolen land, but instead the land-grabbers are awarded special trade privileges.

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Empowering communities to document and protect their land claims: A solution to the global land grab?

by Rachael Knight

Rachael Knight is the Program Director of the Community Land Protection Program at Namati, a new global legal empowerment organization, and author of its recent report on community land titling. She previously served as Director of the International Development Law Organization’s (IDLO) Community Land Titling Initiative, working to document and protect the customary land rights of indigenous groups in Uganda, Liberia and Mozambique.

Community meeting in Uganda (photo credit Namati)

For billions of rural people, land is their greatest asset: the source of food and water, the site of their livelihoods, and the locus of history, culture, and community. Yet more than ever, rural land is in demand. In recent years, governments in Africa have been granting vast land concessions to foreign investors for agro-industrial enterprises and forestry and mineral exploitation. According to recent data, transactions covering at least 57,393,083 hectares of land have been granted or are under negotiation.  Often, governments grant concessions with the goal of stimulating development and strengthening the national economy. Yet such concessions are further exacerbating trends of growing land scarcity and weakening the land tenure security of rural communities.

Even when communities welcome private investment, they may not be consulted about the terms of the investment, properly compensated for their losses, or given a say in land management after the investment is launched. Alternatively, such investments may be undertaken in ways that lead to environmental degradation, human rights violations, loss of livelihoods, and inequity. In this context, protections for rural communities and their lands are urgently needed.

In some countries, national laws allow communities to register or title their lands as a whole and then manage their land according to local needs and interests. Such community land documentation processes – which document the perimeter of the community according to customary boundaries – are a low-cost, efficient and equitable way of protecting communities’ customary land claims. Community land documentation efforts not only protect large numbers of families’ lands at once, but also the the forests, water bodies, and grazing areas that rural communities depend on to survive and are often the first to be allocated to investors, claimed by elites, and appropriated for state development projects. Importantly, formal recognition of their customary land claims gives communities critical leverage in negotiations with potential investors.

However, because these laws transfer control over valuable lands and resources away from the state and into the hands of the community members themselves, governments have so far dragged their heels in implementing them. For example, in the 14 years since the passage of Uganda’s Land Act (1998), not one Ugandan community has yet gained title to its customary lands.

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Mainstreaming IDP principles in capacity building efforts: A chance missed in Kosovo

by Milica Matijevic and Massimo Moratti

Although more than a decade has passed since the end of hostilities in Kosovo, the process of post-conflict property restitution is far from complete. Apart from the cases still awaiting adjudication before the Kosovo Property Agency (KPA), the mass claims mechanism dedicated to post-conflict property repossession, the local judiciary also deals with a significant number of conflict-related property claims that fall outside of the mandate of the KPA. These cases concern issues crucial to durable solutions for internally displaced persons (IDPs) from Kosovo, such as illegal occupation of property, forged contracts of sale, exchanges under duress, and illegal demolition of property.

The project “Further support to IDPS and Refugees in Serbia” has recently published a report on the difficulties faced by IDPs in accessing the court system in Kosovo and how a number of bureaucratic requirements, apparently of a merely technical nature, in reality have a significant impact on access to justice for IDPs, potentially violating their right to fair trial. The report argues that for these cases to be effectively resolved, the justice system needs to take into account the fact of displacement and the difficult position of IDPs.

According to international fair trial standards, access to justice should be granted for everybody, regardless of one person’s status. In the context of Kosovo this would mean that the local laws and institutions should enable effective access to courts, not only for the resident population but also for those who were displaced as a consequence of conflict (who are nevertheless considered as habitual residents of Kosovo). This obligation becomes even more compelling when IDPs are predominated by the largest single ethnic minority group, as it is the case in Kosovo.

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Say it with a resolution: The UN marks two decades of work on internal displacement as new challenges emerge

by Rhodri C. Williams

I tend to count being slightly outside the Geneva loop as a net positive, but every once in a while it means that I get ambushed by major developments in my own field. This has been such a time, with the IDMC announcing the UN Human Rights Council’s adoption by consensus of a ‘historical resolution‘ on internal displacement. As much as I would love to deliver the inside dish on fledgling Resolution A/HRC/20/L.14’s existential significance, I must leave the honors to IDMC:

The substantive resolution is, for the first time, independent from the mandate of the Special Rapporteur on IDPs, representing a strengthened commitment from UN Member States to recognise their own role in promoting and protecting the human rights of IDPs.

So, it seems that the joint and several UN Rapporteurs on internal displacement have so successfully mainstreamed human rights-based approaches to the protection of internally displaced persons (IDPs) that the UN can promote them on its own. Good news considering the controversy that IDP advocacy efforts have occasionally sparked in the past (see Erin Mooney’s wonderful piece on the early IDP debates). However, I was taken aback to read an observation on the timing of the resolution in its preamble:

Welcoming the twentieth anniversary of the mandate of the Special Rapporteur on the human rights of internally displaced persons and the considerable results achieved since its creation,

A few things went through my mind at this point. One (facetiously) was that it was a bit cheeky of the Council to celebrate the mandate’s twentieth birthday by beginning to make it redundant. But the other was genuine disbelief that we have already been witness to two decades of IDP advocacy. Having started law school in 1996, the height of the post-Cold War, pre-9/11 human rights window, I was hardly present at the creation but had at least heard about it in real time.

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Libya goes to the polls

by Rhodri C. Williams

Hamdulillah! After weeks of increasing tension over last minute objections to the allocation of mandates in what is to be Libya’s first properly elected and fully sovereign legislature, and months of increasing uncertainty over the interim government’s commitment to human rights and the rule of law, the BBC confirms that the people will now have their say.

Is Libya ready for the results? Robert Kaplan and Kamran Bokhari point to the new Libya’s “low level chaotic violence” as an argument for withholding “cold-turkey democracy” from any new Syria to emerge from that country’s ongoing bloodbath. But, by my lights, the Economist gets it on the money this time:

Building respect for the law, after 42 years of Qaddafi’s bizarre rule, will be the hardest task. Hundreds of pro-Qaddafi prisoners (some say more) are still in the hands of militias, who have also recently arrested an Australian lawyer from the International Criminal Court at The Hague after she had come to visit Saif Qaddafi, the colonel’s son, who is held in Zintan. The new government will have to act fast to tackle such judicial shortcomings if the country is to be put firmly on a path to the rule of law. A peaceful election would be a giant first step.

Beyond the policy argument – that democracy is part of the solution, not part of the problem – there is the intuitive rationale that will have struck anyone who has traveled to Libya recently. Saleh, who just undertook his seasonal shift to a shadier spot in Tripoli’s old town coffee shop, has registered. He had no idea who he was going to vote for, the list of approved parties hadn’t even been announced yet with less than a month to go, but he couldn’t wait to vote. If the Libyans are really to ever own Libya, it cannot be by the right of conquest alone.
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Week in links – Week 27/2012 – grab some sugar (or water) with your land?

Incredibly, its been about 7 months since my last WIL, but I thought I might dust the institution off now that the summer is upon me. As usual, it would be more accurate to describe this as a month in links, but here goes.

First, a moment to note the passing last month of Elinor Ostrom, a pioneering economist who decided that the commons might not actually be so tragic after all. At the top of my list of readings for whenever I eventually become an actual rather than frustrated academic. One of those scholars where even if one has yet to read her, one suspects she has colored analysis of these issues so thoroughly that her works will seem familiar.

Next, on the familiar theme of the global land rush/grab, a few items of interest recently. First, Grain just came out with a new report arguing that much of the land investment going on in Africa is actually targeting the scarce water resources necessary for large-scale agriculture – and in a manner heedlessly destructive of local, sustainable water management systems. Second, the Journal of Peasant Studies has been cranking out an amazing amount of analysis of the land grab phenomenon in all three issues of this year’s volume 39 (many articles available for free download).

And finally, Human Rights Watch released a grim report last month detailing the Ethiopian government’s self-inflicted land grab in the southern Omo valley, where a dam and state-run sugar plantations are expected to run 300,000 indigenous persons off their land, while ruining the livelihoods of a further 200,000 to the south in Kenya’s Lake Turkana region:

These developments – which threaten the economic, social, and cultural rights of the Omo valley’s indigenous inhabitants – are being carried out in contravention of domestic and international human rights standards, which call for the recognition of property rights, with meaningful consultation, consent, and compensation for loss of land, livelihoods, and food security, and which state that displacement, especially of indigenous peoples from their historic homelands, must be treated as an absolute last resort.

If that doesn’t drive home the message that sugar is the new palm oil, this video from Cambodia may. David Pred, who is pushing for the EU to take a more rigorous approach to human rights abuses related to Cambodian land concessions will hopefully guest post on the blood sugar phenomenon shortly.

Not that palm oil has reformed, mind you. The Economist provided a timely reminder of the inverse relationship between the money to be had from this lucrative form of monoculture and the chances of Indonesian-controlled West Papua ever being able to achieve ‘external’ self-determination in the manner East Timor did. Meanwhile, the ICTJ rather bravely attempts to promote a transitional justice approach to a situation in West Papua where the only transition seems to be toward more oppressive and militarized control and less chances of even meaningful internal self-determination (e.g. autonomy).

Update: See David Pred, Is the European Commission sweet on land grabbing? How trade benefits to sugar companies displace Cambodian farmers (23 July 2012)