scholarly journals Contested Land Restitution Processes in Cambodia

Land ◽  
2021 ◽  
Vol 10 (5) ◽  
pp. 482
Author(s):  
Chanrith Ngin ◽  
Andreas Neef
Keyword(s):  
Land Tenure ◽  
Local Communities ◽  
Land Conflicts ◽  
Land Conflict ◽  
Political Actors ◽  
Holistic Understanding ◽  
Donor Agencies ◽  
Transformative Approach ◽  
Resolution Processes ◽  
Land Restitution

Cambodia has experienced rapid economic growth due partly to excessive natural resource extraction. Land conflicts have been pervasive between local communities and companies that invest in land and other natural resources. Despite substantial research into land conflict resolution, knowledge about how land is returned to wronged parties and what happens to the returned land is fragmented. This review aims to provide a holistic understanding of land restitution in Cambodia by examining different types of land conflict, actors involved, and restitution processes. It provides both a macro perspective on land restitution and conflict-specific perspectives regarding how actors engage in different processes that produce various outcomes for disputants. We find both complications and ambivalence of the actors involved, particularly concerning their roles and influences in resolution processes. Specifically, we find contentious and ambivalent roles that non-governmental organisations (NGOs), donor agencies, and government authorities played in mixed results of resolution mechanisms in the cases that have yielded outcomes in terms of land restitution. Our review also suggests that the neoliberal policy that favours commoditisation of resources and the authoritarian patronage state disguised in a hybrid democracy allowed some grassroots resistance, civil society space, and responses from other concerned economic and political actors in the resolution processes. However, the state controlled and manipulated their engagement to benefit and maintain its economic and political bases, and it never allowed any transformative approach that could tackle the root causes of the problems. This understanding of complexities in land restitution is crucial to achieving land tenure security, particularly for local communities.

Are Land Conflicts Documented Sufficiently in India?

2021 ◽  
pp. 097300522199759
Author(s):  
Pramod K. Singh ◽  
Abhishek Nair ◽  
Jofri Issac
Keyword(s):  
Land Tenure ◽  
English Language ◽  
Sociocultural Factors ◽  
Land Conflicts ◽  
Land Conflict ◽  
Land Administration ◽  
Territorial Conflicts ◽  
Primary Driver ◽  
Land Tenure System ◽  
The Government

Land conflicts are impediments to socio-economic development. Understanding drivers and types of land conflicts is vital for peaceful conflict resolution and enhancing the effectiveness of institutions and agencies dealing with such issues. This article tries to develop and apply a methodology for tracking and characterising drivers and the types of land conflicts in India. We have applied the methods to peer-reviewed articles and thesis in the English language on land conflicts in India. Our results shed light on the most evident drivers and types of land conflict in India while challenging and supporting common assumptions. The key finding of our study indicates land administration as being the primary driver of land conflicts in India, followed by political, socio-economic and sociocultural factors. The most important type of land conflict occurring in India involves boundary or territorial conflicts. Of late, several conflicts are reported over special economic zones, which are also related to poor land administration and erroneous planning processes by the government actors. However, the published study reporting land conflicts in India fails to identify the root cause of such conflicts. In order to ensure better land administration, there need to have reasonably accurate and up-to-date records, which studies have not been able to identify. Another primary reason of land conflicts, which the studies have failed to acknowledge, is the problems germane to the prevailing land tenure system in India.

scholarly journals KONFLIK PENGUASAAN TANAH PERKEBUNAN

2017 ◽  
Vol 1 (1) ◽  
pp. 45-67
Author(s):  
HERAWAN SAUNI
Keyword(s):  
Conflict Resolution ◽  
Land Tenure ◽  
Agricultural Land ◽  
Land Rights ◽  
Land Ownership ◽  
Land Conflicts ◽  
Land Conflict ◽  
Farm Land ◽  
Or Groups ◽  
Land Holdings

Abstract There is a vivid imbalance in farm land domination. This emerge conflict in almost Indonesia territory.  Structuring the ownership or control of land has been started since the Act Numebr 5 of 1960 as the reference in the structuring of the agricultural land holdings in Indonesia. However, what is hoped and be the justification reason the act seems has not shown as demanded. Based on  Decree of Head of BPN RI Number 34 of 2007 on Technical Guidelines for Handling and Resolution of Land Issues, land conflicts arise regarding the issue of tenure, ownership, use or utilization of the plot of land. The enactment of Law No. 18 of 2004 on Plantations also open conflicts between farmers and plantation companies. Conflict occurs when the plantation is difference between one or more people or groups of people with plantation companies relating to land tenure estates. There are several factors that cause conflict, especially agricultural land tenure plantation land, namely: (1) inequality of agricultural land holdings; (2) there is a vagueness setting land rights; (3) wasteland physically; and (4) overlapping land ownership. Recalling the complexity of the conflict over land, land conflict resolution should be based not only on purely formal legal approach but also through other approaches such as economic, social and cultural.

scholarly journals KONFLIK TANAH PERKEBUNAN ANTARA MASYARAKAT DENGAN PT DI KENAGARIAN AUA KUNING KECAMATAN PASAMAN KABUPATEN PASAMAN BARAT

2019 ◽  
Vol 7 (1) ◽  
pp. 28-34
Author(s):  
Meldawati Mel
Keyword(s):  
Indigenous Peoples ◽  
Oil Palm ◽  
Local Communities ◽  
Third Parties ◽  
Land Conflicts ◽  
Land Conflict ◽  
Source Criticism ◽  
West Sumatra ◽  
Historical Methods ◽  
Fertile Land

Land conflicts in West Sumatra, in general are ulayat land conflicts, both between indigenous peoples (internal-horizontal conflicts) and between indigenous peoples and third parties (internal-vertical conflicts), especially with government, private, legaland military corporations. West Pasaman Regency is one of the regencies that has fertile land, many people depend on oil palm agriculture. One of them is Pasaga Kenagarian Subdistrict Aua Kuniang, is one of the sub-districts located in West Pasaman Regency which has the potential of abundant and abundant natural wealth. Therefore the community of Kenagarian Aua Kuniang is almost 70 percent dominant as oil palm farmers. The emergence of oil palm companies that are highly related to land, it is not uncommon to find land conflicts, especially land conflicts between companies themselves and local communities. This problem is how the background of the plantation land conflict between the community and PT. in Kenagarian Aua Kuniang, as for the purpose of this paper the purpose of this study is to describe the background of the occurrence of plantation land conflicts between the community and PT. in Kenagarian Aua Kuniang. This method of writing uses historical methods that go through four stages, namely heuristics, source criticism, synthesis and interpretation and historiography.

scholarly journals KONFLIK PENGUASAAN TANAH PERKEBUNAN

2017 ◽  
Vol 1 (1) ◽  
pp. 45-67
Author(s):  
HERAWAN SAUNI
Keyword(s):  
Conflict Resolution ◽  
Land Tenure ◽  
Agricultural Land ◽  
Land Rights ◽  
Land Ownership ◽  
Land Conflicts ◽  
Land Conflict ◽  
Farm Land ◽  
Or Groups ◽  
Land Holdings

Abstract There is a vivid imbalance in farm land domination. This emerge conflict in almost Indonesia territory.  Structuring the ownership or control of land has been started since the Act Numebr 5 of 1960 as the reference in the structuring of the agricultural land holdings in Indonesia. However, what is hoped and be the justification reason the act seems has not shown as demanded. Based on  Decree of Head of BPN RI Number 34 of 2007 on Technical Guidelines for Handling and Resolution of Land Issues, land conflicts arise regarding the issue of tenure, ownership, use or utilization of the plot of land. The enactment of Law No. 18 of 2004 on Plantations also open conflicts between farmers and plantation companies. Conflict occurs when the plantation is difference between one or more people or groups of people with plantation companies relating to land tenure estates. There are several factors that cause conflict, especially agricultural land tenure plantation land, namely: (1) inequality of agricultural land holdings; (2) there is a vagueness setting land rights; (3) wasteland physically; and (4) overlapping land ownership. Recalling the complexity of the conflict over land, land conflict resolution should be based not only on purely formal legal approach but also through other approaches such as economic, social and cultural.

Law and land conflict in emerging market economies: Ethiopia, 2014–2018

2020 ◽  
Author(s):  
Mekonnen Firew Ayano
Keyword(s):  
Emerging Market ◽  
Land Rights ◽  
Appellate Courts ◽  
Land Conflicts ◽  
Land Conflict ◽  
Constitutional Review ◽  
Land Dispossession ◽  
Western Development ◽  
Lower Courts ◽  
The Cold War

Abstract Since the end of the Cold War, the World Bank and other Western development agencies have prescribed restructuring land rights in post-communist economies to promote land markets, with the goal of alleviating poverty and social conflicts. But restructuring land rights in such settings is more difficult than it may seem. Ethiopia’s efforts in this area have produced disparate laws that have exacerbated both the intensity and the frequency of land conflicts. This article analyzes all land cases decided by the Council of Constitutional Inquiry (CCI) and the House of Federation (HoF), Ethiopia’s constitutional review bodies, from 1998 to 2018. It shows that from 1998 to 2014, the trial and appellate courts were favorably disposed toward the policies of international financial agencies, and that the CCI and the HoF acquiesced. However, starting in 2014, following a countrywide protest connected to land dispossession, the CCI and the HoF have reversed the lower courts’ judgements by invoking constitutional clauses declaring that land belongs to the Ethiopian nations and that it cannot be alienated. The country’s experience reveals the perils of restructuring land rights without paying close attention to distributive concerns and the needs of those who end up being excluded from property access.

scholarly journals VIEWS OF POLITICAL AND PHILOSOPHICAL TRENDS RELATED TO THE LAND CONFLICT AND ITS STATUS

Adam alemi ◽  
2021 ◽  
Vol 90 (4) ◽  
pp. 123-132
Author(s):  
R. Akhmaganbetov ◽  
Keyword(s):  
Comparative Analysis ◽  
Land Conflicts ◽  
Land Conflict ◽  
A Value ◽  
The Earth ◽  
The Status ◽  
Actual Conflict ◽  
Points Of View

The land conflict has long been a type of actual conflict. There are land conflicts of various levels in Kazakhstan. There are different points of view related to the land conflict. There are many prerequisites for the emergence of these views. The study examined the views of representatives of various political and philosophical trends related to the status of the earth. Representatives of the liberal trend consider land as capital. The analysis of the works of representatives of the liberal movement considering land as capital is carried out. Representatives of the socialist trend consider land as state property. Lenin's works deal with issues related to the resolution of the land conflict. Representatives of postcolonialism explain the emergence of the earthly conflict by the influence of colonial empires. In connection with the land conflict, the positions of the Alash intelligentsia are considered. Meanwhile, the analysis of differences in the views of socialists and the Alash intelligentsia in resolving the land conflict was carried out. In traditional Kazakh society, land is considered as a value. This is not consistent with the concepts of capital or property. The earth is considered as a sacred concept. A comparative analysis of such different points of view is carried out. The historical prerequisites for the emergence of a land conflict at the present time are considered.

Building Resilience Through Effective Disaster Management

2017 ◽  
Vol 9 (1) ◽  
pp. 11-26 ◽  
Author(s):  
Mihoko Sakurai ◽  
Devinder Thapa
Keyword(s):  
Disaster Management ◽  
Local Knowledge ◽  
Critical Role ◽  
Holistic Approach ◽  
Local Communities ◽  
Digital Tools ◽  
Building Resilience ◽  
Holistic Understanding ◽  
Management Context ◽  
Coevolution Process

Existing literature argues that taking a holistic approach to disaster management is important for organizations in building resilience. Theoretical underpinnings to achieve a holistic understanding, however, is lacking. This article applies the notion of an ecosystem as a holistic lens to understand complex disaster management. The paper reports two case studies from Japan and Nepal to illustrate how an ecosystem works during a disaster. The theoretical framework of information ecology is used in analyzing the cases. Based on the findings, the study shows three interconnected mechanisms that can build resilience of an ecosystem in a disaster management context, namely (1) coevolution, (2) collaboration, and (3) embeddedness of local knowledge. The authors argue that coevolution is a key to respond to constantly changing situations during a disaster. To accomplish ecosystem coevolution, creating a collaboration system with governments and local communities and embedding local knowledge into the system are essential. Furthermore, digital tools can play a critical role in the coevolution process.

Securing benefits for local communities from international visitors to the Kgalagadi Transfrontier Park

2017 ◽  
Vol 23 (8) ◽  
pp. 1553-1567 ◽  
Author(s):  
Johane Dikgang ◽  
Edwin Muchapondwa ◽  
Jesper Stage
Keyword(s):  
South African ◽  
National Parks ◽  
Demand Function ◽  
Revenue Sharing ◽  
Local Communities ◽  
Large Share ◽  
Positive View ◽  
Net Revenue ◽  
International Visitors ◽  
Land Restitution

This article estimates the visitation demand function for Kgalagadi Transfrontier Park (KTP) in order to determine the scope for raising fees charged to international tourists in order to fund revenue-sharing schemes for local communities. International and Southern African Development Community tourists account for approximately 25% and 2% of the total number of visitors to South African national parks, with domestic visitors making up the remaining portion. Although small, the South African international tourism market is mature and accounts for a disproportionately large share (around 42%) of net revenue. To estimate visitation demand at the KTP and three other national parks, random effects Tobit Model was used. Using the estimated elasticities, the revenue-maximizing daily conservation fee was computed to be R1 131.94 (US$144.20) for KTP, which can be compared with the R180 (US$22.93) currently charged. Furthermore, the study also demonstrated that there is a possibility of raising fees at the other three parks. Sharing conservation revenue with communities surrounding parks could demonstrate the link between ecotourism and local communities’ economic development and promote a positive view of land restitution involving national parks.

scholarly journals Theories of Land Reform and Their Impact on Land Reform Success in Southern Africa

Land ◽  
2019 ◽  
Vol 8 (11) ◽  
pp. 172 ◽  
Author(s):  
Hull ◽  
Babalola ◽  
Whittal
Keyword(s):  
Land Tenure ◽  
Land Reform ◽  
Secondary Data ◽  
Tenure Reform ◽  
Land Administration ◽  
Multiple Case ◽  
Viable Approach ◽  
Land Restitution ◽  
The Continuum

Our purpose is to present and test a typology of land reform theories as a means of understanding and interrogating the motives behind land reform and to better equip land administrators and policymakers to enact land reform programs that are appropriate for their contexts. Here, land reform is understood to include the related concepts of land redistribution, land restitution, land tenure reform and land administration reform. The theory typology thus has application for land restitution programs specifically operating in the global South. The continuum of theories is derived from literature and tested through a multiple case study of land reform in Nigeria, Mozambique, and South Africa, drawing from a combination of primary and secondary data. The findings suggest an over-reliance on replacement theories in all three contexts, although the Mozambican experience draws on theories towards the middle of the continuum (the adaptation theories). This is recommended as the most viable approach for the context.

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