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05-04: Implementing Safeguards to Protect Land Rights
Losing Land and Livelihood: Commercial Farming and Displacement in Rural Zambia
Human Rights Watch, United States of America
The Zambian government regards agriculture as a “panacea” for rural poverty, and the country’s leaders have been promoting agribusiness investments on huge swaths of land. However, flaws in the government’s regulation of commercial agriculture, and its poor efforts at protecting the rights of vulnerable people, instead of helping people climb out of the poverty mire, are actually hurting them. Families that have lived and farmed for generations on land now allocated to commercial farms are being displaced without due process or compensation. Some have been left hungry and homeless.
This paper examines the human rights impacts of the activities of commercial farms on residents, including the distinctive impacts on women as a result of their social roles and status, and the fact that they have the least opportunity to negotiate and assert their rights.
Promoting Rural Land Tenure Security in Haiti: Ensuring community participation through a tailored public consultation process
1Land Alliance, United States of America; 2Interamerican Development Bank
Public consultations prior to land tenure programs can be inclusive, gender-oriented, transparent and participatory processes that help set a similar tone for project implementation. They are an opportunity to explore environmental and social risks of land programs in a manner that puts stakeholders’ concerns at the center and that can result in forms of participatory monitoring.
This paper presents key findings and lessons learned from public consultations for the second phase of the Haitian Rural Land Tenure Security Project. Lessons learned can inform the implementation of future land tenure related consultation processes.
The lessons highlighted the importance of:
- great logistics management;
- local knowledge to gain access, trust and to save time;
- reporting back to participants to build a transparent and communicative dynamic with communities;
- ownership of the consultation on behalf of the project implementer to ensure accountability; and
- understanding the added value of consultations helps build a sense of ownership.
The Land Specialized Court in Mato Grosso, Brazil: Achievements and challenges in collective land conflicts
1Judiciary Branch of State of Mato Grosso - Brazil; 2Nea UNICAMP - Brazil; 3OAB/MT - Brazilian Bar Association - State of Mato Grosso - Brazil; 4ANOREG - Association of Notaries and Registrars of Brazil
The purpose of this article is to demonstrate the protagonist role that the Judiciary Branch can have in Land Governance. The article will show some of the experiences of the Judiciary of the State of Mato Grosso linked with the performance of the specialized court in land complex conflicts involving large numbers of people, as well as the concrete experience of the commission for land issues - CAF.
It will have the next methodological steps:
Show the main steps that a conflict law suit takes at the Land Court or at the CAF;
Classify a collection of cases to better understand rural collective land ownership conflicts in the state;
Present main challenges and some best practices based on solutions obtained at the Land Specialized Court and at CAF, with the participation of government agencies;
Describe and analyze some of the cases to improve procedures and rules linked to land ownership conflicts.