scholarly journals Large-scale land acquisition and human rights at the crossroads: quest for a rights-based approach to land administration in Ethiopia

2020 ◽  
Vol 10 (2) ◽  
pp. 184
Author(s):  
Abiyot Mogos Dabala
Author(s):  
Abiodun E. Obayelu

Agriculture is in critical state in Nigeria with domestic food production being less than the growing population. The chapter analyzes the ongoing transformation of subsistence agriculture to commercial in Nigeria and the attendant effects of large-scale land acquisition on small-scale farmers. It uses both theoretical and empirical research designs with direct interviews of relevant stakeholders and case studies. It reviews past and present policies and programs aimed at transforming agriculture from subsistence to commercial in Nigeria. The results reveal that large-scale land acquisition and farming is not new in Nigeria. Acquisitions of land by foreigners has always been with the help and consent of government, unlike the case when it involves indigenous investors. Acquisitions have in most cases been characterized by conflicts between the landowners or tillers and investors. To transition successfully from subsistence to commercial agriculture, there is a need for strong collective actions between the depraved land owners, government, and investors.


2017 ◽  
Vol 52 (1) ◽  
pp. 33-63 ◽  
Author(s):  
Frankline A. Ndi ◽  
Simon Batterbury

Large-scale land acquisition (LSLA) by foreign interests is a major driver of agrarian change in the productive regions of Africa. Rural communities across Southwest Cameroon are experiencing a range of political conflicts resulting from LSLA, in which commercial interests are threatening local land-use practices and access to land. This paper shows that the struggle to maintain or redefine livelihoods generates tension between inward competition for and outward contestation of claims to land. In Nguti Subdivision, the scene of protests against a particular agribusiness company, there is continued debate over ideas about, interests in, and perceptions of land and tenure. The authors show how top-down land acquisition marginalises land users, leading to conflicts within communities and with the companies involved, and conclude that for an agro-project to succeed and avoid major conflicts, dominance by elite interests must give way to a more inclusive process.


2012 ◽  
Vol 2 (1) ◽  
pp. 99-123 ◽  
Author(s):  
Karin Tengnäs

The global competition for African land is at a historical peak. Local effects of large-scale land acquisitions depend on multiple factors, but women's rights and livelihoods are generally very fragile due to historical and contemporary injustices. Good land governance is important for turning the land acquisitions into equal and equitable development opportunities. The human rights-based approach promotes good governance by adding strength and legal substance to the principles of participation and inclusion, openness and transparency, accountability and the rule of law, and equality and nondiscrimination. By empowering rights-holders and enhancing duty-bearers' capacity, international development cooperation can lead to wider and more gender-balanced inclusion of civil society in negotiations of large-scale land acquisitions and greater adherence of duty-bearers to the rule of law. This is especially important in African countries with large amounts of land and weak legal and institutional frameworks to protect rights, especially those of women.


2015 ◽  
Vol 8 (1) ◽  
Author(s):  
Yorck Diergarten ◽  
Tim Krieger

AbstractDeveloping countries with weak institutions often face severe commitment problems. International investors are reluctant to invest in these countries because their property rights are insufficiently protected. We argue that in order to overcome the commitment problem countries may subject investors’ rights protection to independent investment tribunals. These tribunals are known to strictly support property rights protection and to be reluctant to honor human rights considerations, although they might be applicable. This may explain why human rights of the local smallholders in large-scale land acquisitions are hardly protected in the Global South.


2016 ◽  
Vol 1 (1) ◽  
pp. 61
Author(s):  
Donna Okhtalia Setiabudhi

Land acquisition for public interest development is stipulated in Act No. 2 of 2012 concerning Land Acquisition for Development of Public Interest. One arrangement of land acquisition in legal substances that have been formed are small-scale land acquisition (less than 5 hectares), but it is still governed by very vague and thus susceptible to the multi-interpretation and raises doubts in its implementation. This paper discusses the problematic that arise due to unclear regulations concerning small-scale land acquisition and to provide solutions to these problems. Based on the discussion the authors concluded first, the problematic of small-scale land acquisition is the arrangement of land acquisition that is so vague that there is no clarity regarding the procedures for determining of location, the phase of land acquisition, which excludes public consultation, there is no regulation regarding preventive measures against the impact for the community around location of land acquisition. Second, the solution could be found to this problem is a regulation of small-scale land acquisition should ideally be regulated more comprehensively considering that small-scale land acquisition allows the emergence of adverse effects for the community around location of land acquisition so that the stages of planning and preparation that is set for the large-scale land acquisition is similarly applied for small-scale.


Author(s):  
Davide Danilo Chiarelli ◽  
Paolo D'Odorico ◽  
Kyle Frankel Davis ◽  
Renzo Rosso ◽  
Maria Cristina Rulli

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