Tag Archives: participation

Look before you legislate? The challenges facing restitution in Libya

by Rhodri C. Williams

It seems that plans are now afoot in Libya for a full-scale program of restitution of properties nationalized and appropriated under the Ghaddafi regime. Bloomberg reported yesterday that a law envisaging a two phase process will be rolled out as soon as next month:

Libya will announce a law that will return land and buildings expropriated by late ruler Muammar Qaddafi to the original landowners “within weeks,” a senior member of the Land Ownership Committee said.

“Phase one will return unused lands, empty shops, buildings and villas taken by Qaddafi’s regime and then by the rebels to the rightful owners,” said Fawzy Sheibany, legal representative for the committee, in an interview in the capital, Tripoli. “This will mean millions of dinars can be invested in construction projects and provide employment.”

Phase two of the new law involves rehousing families residing in buildings on expropriated land and could take several years to implement fully, he said. The Ministry of Justice will deal with individual cases through a civil court.

On the face of it, there is every reason to welcome this development. The Ghaddafi-era expropriations were ostensibly meant to further public purposes but became, by all accounts, an arbitrary means of both punishing enemies and rewarding those the regime favored. Moreover, the resulting legal uncertainty in property relations was cited (in 2004) by a leading Middle Eastern law firm as a key structural obstacle to legal reform efforts during the run-up to the uprising:

As a result of abolishing real property ownership for investment purposes, the commercial real estate market has been completely distorted. There exists now a private land market and a public land market with a price gap that creates considerable uncertainty for both foreign and local investors. Compounding the problem, the [1997] Foreign Investment Law is not clear as to whether real property can be used as collateral or even can be freely transferred without government approvals. The government has announced plans to reform the laws governing property and rentals, but their scope is uncertain.

Finally, perhaps the most convincing ground for pushing for quick legislative measures is the need for the National Transitional Council (NTC) to be seen to lead from the front. In the wake of Amnesty International’s widely publicized allegations of human rights abuses by ‘out of control’ militias in Libya, anything the NTC can do to stamp its legitimate authority on matters of broad public interest appears welcome. In fact, this is a particularly important issue in regard to property. Recent reports such as this one by the Guardian indicate that the militias have become part of a pattern of spontaneous restitution, often carried out by means of violent self-help.

So what, one might ask, is not to like in a bill that serves not only justice but also economic development and political consolidation? The answer is that if it is rushed through without consultation, this bill may actually have the opposite effect, generating new cycles of grievance, reducing legal certainty and even undermining the authority of government in Libya if it proves impossible to effectively and consistently implement. Perhaps the most cogent argument for a deliberative approach to restitution for the prior regime’s confiscations is that this is to some extent a constitutional decision rather than merely a legislative one. Continue reading

Investment-related conflict in South Sudan: contested rights and the power of information

by David Deng

David Deng is Research Director for the South Sudan Law Society. These observations were originally presented at “Turning Point: What future for people and resources? A panel on the trends shaping rural lands and lives” on February 1, 2012 at The Royal Society of London.

Introduction

The new report by Rights and Resources Initiative (RRI) paints a vivid picture of a world in flux and the various struggles that are emerging over wealth, power, and natural resources. I’d like to pick up on a couple of these themes and flesh them out a bit with examples from South Sudan, where I’ve worked for the past few years on several projects relating to land rights. Most recently, my work has touched on the surge in land-based investment after the 2005 peace agreement, which brought to an end the 22-year civil war between north and south in Sudan.

Investment and conflict

The first issue that I’d like to touch on is the complex relationship between investment and conflict in resource-rich states. I think it is fairly clear to us all that poorly planned investments can contribute to conflict, particularly in fragile, post-conflict states; but what is perhaps a little less obvious is how conflict can actually serve to attract certain types of investment.

Let me explain. Struggles over land and natural resources were among the root causes of the civil war in South Sudan. Foreign investments during this period often contributed to the violence. Oil companies colluded with the government in Khartoum to forcibly displace local populations from oil producing areas, in order to make the land available for oil exploration. Armed groups in South Sudan used local monopolies of violence to control cross-border trade in precious woods.

And in the Nuba Mountains along the border between north and south, where today, we hear reports of mass killings and hundreds of thousands of people at risk of conflict induced-famine, the government expropriated community lands and gave them to foreign and domestic elites in order to establish large-scale mechanized farms. The disregard that Khartoum showed for their community lands caused many Nuba to join the liberation movement in the south. What followed was a long and costly civil war that eventually resulted in the secession of South Sudan.

But with its newfound independence, South Sudan finds itself in a harsh new world. It has a population of only 8 or 9 million, spread across a land area more than twice the size of the UK, considerable supplies of oil and minerals, fertile land and water; all this makes South Sudan an attractive prize in a resource-strapped world.

Continue reading

We are here! post-Thanksgiving musings on minority conflicts and political participation

by Rhodri C. Williams

Just like last year, I spent the previous week celebrating Thanksgiving with relatives in northern Virginia and, just like last year, the curious nature of the holiday got me thinking about all the people that used to live there and may now find themselves west of the Mississippi in the best case. This year I found some inspiration in both the Economist I brought on the plane and the Dr. Seuss book I read my daughter. You, gentle reader, can be the judge of whether it all adds up or I just put a little too much gravy on the stuffing.

The Economist got me thinking with an apparently unconscious pairing of articles on natural resource conflicts in the Americas  (hurry up if you are interested, both are sliding fast toward the paywall). The first focuses on Peru, where newly anointed President Ollanta Humala has found his newly minted ministry of ‘development and social inclusion’ outflanked by a brushfire of protest movements against large-scale gold mining concerns in the highlands.

The article implies that by passing new legislation requiring consultation with local indigenous peoples on extractive projects, Mr. Humala has opened a floodgate of dissent stifled under previous, more business-friendly regimes. However, as in nearby Bolivia, the real political and economic power that flows from meaningful  consultation also appears to have highlighted unresolved tensions between indigenous peoples that may range from identity politics to competing political and economic agendas:

The native-consultation law could … prove perilous for Mr Humala. By January the government must decide which groups should be consulted, and how recommendations will be made. Formally, the process only applies to indigenous groups, prompting squabbling over who can use that label. “The situation in Cajamarca is heating up and could boil over if people feel excluded,” says (Cajamarca president Gregorio) Santos.

The second article focuses on Canada, where the socio-economic status of the  country’s ‘First Nations’ remains far below the national average and natural resources exploitation represent a grave threat to traditional ways of life. Recently, First Nations have apparently responded by resisting the historic pattern of woefully low representation in the national government bodies that are dominated by the majority but take many of the important decisions regarding the fate of minorities:

“Aboriginal peoples realise that decisions regarding their future, their territories, their resources are being made in Quebec City, Montreal, Ottawa, and perhaps in Shanghai and New York,” says (Cree First Nation parliamentarian Romeo) Saganash. “So they understand they have to participate in the democratic institutions of this country.”

Without either minimizing or exaggerating the undoubted historical, socio-economic and cultural differences that complicate any attempt to compare Peru and Canada, I found the second article encouraging. ‘Consult’ and ‘participate’ are both transitive verbs but in the former case (consultation), indigenous peoples are the object, the recipient. Participation, on the other hand, is something that peoples – and people – do as active subjects. As with Mr. Saganash, who aspires to be Canada’s first aboriginal prime minister, you take it to the majority on the ‘best defense is a good offense’ theory.

So where does Theodor Geisel come into the picture? Continue reading