From the mid-2000s, a commodity boom underpinned a wave of land use investments in low- and middle-income countries. While agribusiness, mining and petroleum concessions often involve promises of jobs and public revenues, they have also prompted concerns about land dispossession, exclusionary investment models and infringements of the rights of vulnerable groups. 

The study was commissioned to the KIT Royal Tropical Institute in July 2017 by the Land Dialogue, with financial support from the Dutch Government. The objective is to provide insight and guidance into the relevance of land governance as a possible priority theme t o be considered in the process of the International Responsible Business Conduct (IRBC) Agreements.

This brief, reviews recent international gas developments, the outlook in this regard and implications for the development of proposed offshore gas projects in Tanzania. As the country aims to benefit from its gas discoveries by increasing its domestic gas use, it also outlines some of the trade-offs and considerations that need to be taken into account when negotiating the domestic gas allocation.

This note is for private sector project implementers and financers (development finance institutions, international development agencies, commercial lenders and equity investors) seeking to invest responsibly in new greenfield sites in low and middle- income countries. It aims to provide practical guidance on identifying and addressing community land conflicts to prevent them escalating into disputes between the project and local communities.

In the wave of efforts to encourage and support more “responsible” land investments, one aspect has been largely overlooked: are governments equipped with the legal and technical support needed to effectively negotiate and conclude investment contracts that lead to responsible outcomes?

In the wave of efforts to encourage and support more “responsible” land investments, one aspect has been largely overlooked: are governments equipped with the legal and technical support needed to effectively negotiate and conclude investment contracts that lead to responsible outcomes?

Across Africa, Asia and Latin America, investors are increasingly approaching rural communities seeking land for logging, mining, and agribusiness ventures. Even in those situations where the investors have followed FPIC guidelines and undertaken a formal “consultation” with the community, these consultations are generally conducted in a context of significant power and information asymmetries. Part of the power imbalance comes from communities’ lack of information about the value of community lands and natural resources.

Since small-scale farmers manage most of the cultivated land worldwide, the ongoing shift in systems of production associated with large-scale land acquisitions (LSLAs) may dramatically reshape the world's agrarian landscape, significantly impacting rural populations and their livelihoods. The societal, hydrological and environmental implications resulting from the expansion of large-scale agricultural production, through LSLAs, make their ultimate sustainability questionable.

Sub-Saharan Africa has always been perceived as a land-abundant continent. Deininger & Byerlee (2011) estimate that the continent has the largest area of potentially available uncultivated land. Despite these abundant resources, the agricultural sector continues to be dominated by smallholder production that is characterized by high labor and low capital intensities – but still produces the majority of food in Africa (IFAD & UNEP, 2013).

The Department of Mineral Resources is attempting to develop oil and gas drilling in South Africa through Operation Phakisa. The project is still in the early stages of research and exploration, but the Department aims to have 30 wells built in 10 years. DME estimates very roughly, that as many as 9 billion barrels of oil and 9 billion barrels of gas could be within South African borders, and many national and international companies have expressed interest in investing in South African drilling.

Land registration and titling in Africa has been seen as a means of legal empowerment of the poor that can protect smallholders’ and pastoralists’ rights of access to land and other landbased resources.

In South Africa, policies of separate development and restrictions placed on capital expenditure imposed on the lands occupied by the indigenous people during the colonial era prevented the state from implementing the cadastre in the communal areas of the country. The status quo persists to this day, which has resulted in a dual system that promoted investment in areas where private property rights were permitted, but relegated the traditional communities into poverty and disinvestment