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05-12: Protecting land rights in the course of land acquisition
Land rights protection in the pulp and paper production system
University of São Paulo, Brazil
This article explores how the quality of institutions influence the strategic choice of agents in the pulp and paper production system based on planted forests sector.
In order to proceed with the study, we employ the Economic Analysis of Property Rights (Barzel, 1982, 1989, 2002) as foundation and test the proposition: in federative states where the institutional environment is fragile and therefore the State has a high cost to enforcement property rights, private mechanisms stand out in the protection of property rights
The analysis of three business cases of companies with plantations in more than one federative units revealed the broad range of private mechanism in place to cope with insecure land rights in Brazil. In the federative units where government fails to be a good ruler, we found a multi stakeholder platform under use to define and enforce land rights.
Land acquisition in Malaysia: Policy context and praxis for oil and gas hub project in Eastern Johor.
1Johor State Secretary, Malaysia; 2Johor State Secretary Incorporation, Malaysia; 3Johor Land and Mines Department, Malaysia; 4Universiti Teknologi Malaysia, Malaysia
Land acquisition involves the compulsory taking of land. In Malaysia, land acquisition can be a complex and time-sensitive process. The land acquisition process in Peninsular Malaysia is governed by the Land Acquisition Act (LAA) 1960 (Act 486). Even though all states in the Peninsular Malaysia are adopting the law, however the way of how it is implemented would be different according to each state. The Pengerang Integrated Petroleum Complex (PIPC) is one big project in creating value to the downstream oil and gas value chain in Johor, Malaysia. Sited in Pengerang, it is involves largest scales of investments and compulsorily acquire villagers land. The acquisition process for the PIPC project is in compliance with the LAA 1960 (Act 486). This paper discusses the action taken, best approach and success story associated with or derived from land acquisition of the project.
LSLA in Mozambique: impact on rural and urban communities
Centro Terra Viva, Mozambique
Since 2010, the Mozambican economy has experienced significant increase in investment projects that require large tracts of land for extraction of minerals, large agriculture projects, and development of physical infrastructure. The increase in demand for land acquisition was significant enough that in 2012, the laws and procedures governing ‘resettlement caused by economic activities’ were revised and made more stringent, with clear guidelines on how to compensate and resettle affected communities. This paper analyzes the similarities and differences in the resettlement process in the rural and urban communities, and in the infrastructure and extractive projects, how the affected communities were consulted, the extent to which legal procedures and guidelines were carried out and the impact of the processes of large scale land acquisition on rural ( Afungi Penninsula of Palma in Cabo Delgado Province) and urban (Malanga neighborhood, Maputo City, resettled as a result of the construction of the Maputo-Katembe bridge) communities.