8/2/2018 Why Indigenous and Local Communities are Vulnerable to Expropriation Without Fair Compensation Nicholas K. Tagliarino PhD Candidate, University.

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Presentation transcript:

8/2/2018 Why Indigenous and Local Communities are Vulnerable to Expropriation Without Fair Compensation Nicholas K. Tagliarino PhD Candidate, University of Groningen Research Analyst, Land Portal Foundation

Displacement from development projects 8/2/2018 Displacement from development projects Photo credit: flickr-United Nations

The Gap in Legal Recognition and Protection of Community Land 8/2/2018 The Gap in Legal Recognition and Protection of Community Land Photo credit: flickr-Victoria Pickering

Monitoring Progress on Legal Reform 8/2/2018 Monitoring Progress on Legal Reform

Monitoring Progress- New Initiatives 8/2/2018 Monitoring Progress- New Initiatives

Background & Methodology 8/2/2018 Background & Methodology Legal Indicator Analysis of 50 countries across Asia, Africa, and Latin America Methodology Continuing to update and refine the data. Feedback is most welcome

8/2/2018

8/2/2018 Provide a clear definition of public purpose to allow for judicial review (sec. 16.1) Provide just compensation to all legitimate tenure rights (sec. 16.1) Respect legitimate tenure rights, whether formally recorded or not (sec. 3.1) Respect and protect legitimate tenure rights of IPs and communities (sec. 9.5)

2 Reasons Why Laws Leave Communities Vulnerable 8/2/2018 2 Reasons Why Laws Leave Communities Vulnerable Governments have broad discretion to establish a “public purpose” justification for taking land 2. Restrictive compensation procedures put indigenous and local communities with customary tenure at risk of impoverishment and landlessness

Broad discretion to expropriate 8/2/2018 Broad discretion to expropriate

Insecure tenure rights + Restrictive eligibility requirements 8/2/2018 Insecure tenure rights + Restrictive eligibility requirements

Registration as a prerequisite to obtaining compensation 8/2/2018 Registration as a prerequisite to obtaining compensation “Yes” countries: Laos, Papua New Guinea, Philippines, South Sudan, Tanzania, Uganda, and Zambia

Limitations on community tenure rights 8/2/2018 Limitations on community tenure rights Countries with limits on IPLC tenure rights in national parks, wetlands and forest reserves Countries with limits on IPLC tenure rights outside of forest areas Countries in which compensation for IPLC tenure rights is limited to agricultural, grazing, farm, or cultivated land Botswana Cambodia Kenya Rwanda South Sudan Uganda India Indonesia Liberia Ethiopia Nigeria Namibia Zimbabwe IPLC= Indigenous Peoples and local communities

8/2/2018 “Replacement cost” compensation in cases where land markets are weak or non-existent

8/2/2018 Compensation for intangible land values (e.g. historical, cultural values)

8/2/2018 Recommendations Provide compensation for unregistered community tenure rights. Consult and negotiate with affected communities regarding compensation amounts Respect Free, Prior and Informed Consent Provide fair compensation for IPLC tenure rights by Not limiting rights in certain land areas (e.g. protected areas, pastures, and other commons) Providing “replacement cost” compensation when land markets are weak or non-existent Consulting and negotiating with communities to determine intangible land values

8/2/2018 Thank you for your attention email: nicholas.tagliarino@landportal.info