1. 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

2. Displacement from development projects
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Displacement from development projects
Photo credit: flickr-United Nations

3. The Gap in Legal Recognition and Protection of Community Land
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The Gap in Legal Recognition and Protection of Community Land
Photo credit: flickr-Victoria Pickering

4. Monitoring Progress on Legal Reform
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Monitoring Progress on Legal Reform

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

6. Background & Methodology
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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

7. 8/2/2018

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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)

9. 2 Reasons Why Laws Leave Communities Vulnerable
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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

10. Broad discretion to expropriate
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Broad discretion to expropriate

11. Insecure tenure rights + Restrictive eligibility requirements
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Insecure tenure rights + Restrictive eligibility requirements

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

13. Limitations on community tenure rights
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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

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

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Compensation for intangible land values (e.g. historical, cultural values)

16. 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

17. 8/2/2018
Thank you for your attention