Photo: Kandukuru Nagarjun, via Flickr, CC BY 2.0

The recent series of ALIGN articles shed light on how civil society, impacted communities and rights defenders across the world have used strategies such as legal action, publishing of mining contracts and stakeholder dialogues to change approaches to land-based investment governance.

Land-based investments (LBIs) such as logging, mining and agribusiness have increased steadily across the world, often leading to conflicts between local land users and the corporations encroaching on their land. More recently a new wave of land pressures is emerging in response to growing interest in carbon and ‘green’ investments.

In response, local communities and human rights defenders have been seeking ways to make LBIs fairer – by ensuring those impacted have a greater say and share of the benefits. Achieving improved protection and benefits for impacted communities is more critical than ever.

In 2022 we published a series of 10 articles on LBI as part of the Advancing Land-Based Investment Governance (ALIGN) project. This spotlighted how activists, civil society, impacted communities and human rights defenders are pushing for sustainable practices around LBIs, and what key challenges they face. 

Covering a range of sectors – such as agribusiness, mining, and forestry – across several countries, the series highlighted innovative strategies to achieve tangible impacts. Here, we look back at these diverse approaches and what we learned.

What are the challenges in responding to LBIs?

Reflecting across diverse contexts and through different openings for change, the series highlighted similarities in the challenges faced when LBIs take place. Developments such as mining and large-scale plantations impact not only the physical environment but also social dynamics and livelihoods; local and national economies; and threaten countries’ ability to meet their climate commitments. 

These impacts engage a complex web of governance processes. At the site level there are, for example, land use rights and practices; at national level there are laws, economic development orientations, or administrative structures; and at the international level there are treaties or commercial agreements. 

But there is also everything that happens in between. This includes weak coordination between different institutions, the degree of transparency and access to information, and the interface of different individual and institutional interests. 

Designing effective responses to LBI challenges therefore requires a politically savvy mapping of the context, to untangle the factors shaping that investment. 

The articles highlight multiple strategies civil society and rights practitioners are using to engage with different layers of LBI governance – to achieve better outcomes for individuals, communities and countries impacted by large-scale LBIs.

Community agency

Many organisations focus on enhancing the agency of those impacted by LBIs, supporting them with tools to defend their interests. RELUFA in Cameroon, for example, described how they used a radio show 'Land Voice' to inform people of their rights when decisions impacting their land are taken. They trained local radio hosts and journalists to report on responsible approaches to LBIs. 

In Tanzania, TNRF reflected on the impact of Swahili language guides on land investment processes, and how they encouraged directly impacted communities to engage potential investors on a more equal footing. 

And in Mali, the civil society coalition Publiez Ce Que Vous Payez (Publish what you pay) highlighted the importance of mining contract  transparency and improving technical capacities within communities to ensure effective monitoring and compliance with contractual obligations. They also stressed the need to reflect experiences on the ground in shaping national-level law and policy reforms. 

To be seen as legitimate and fully implemented, LBI laws and policies must reflect the voices of those most affected.

Shaping frameworks

Open Development Cambodia reflected on potential opportunities for better quality investments through the greater alignment of Cambodia’s investment governance with sustainable development objectives, human rights, and environmental and climate obligations. ODC promoted multi-stakeholder dialogue and the critical role of communities and civil society in the development of investment laws. 

The Zambia Land Alliance (ZLA) deployed similar strategies to advance the new National Lands Policy. Working with government from a position of trust, generating awareness through radio and other media outreach, coordination across civil society and the engagement of traditional leaders all contributed to the adoption of the policy. 

In Ethiopia, Daniel Behailu raised questions on the interface between formal state centred land governance systems and informal customary systems. He argued that the design and implementation of LBIs, which bring more pressure to already sensitive areas, require careful thought and planning. 

A second blog by ZLA stressed the need for recognition and defined roles for traditional leaders, customary institutions, state actors and impacted communities. This called for the inclusion of all relevant voices at the decision-making table.

Harnessing the law 

In South Africa and Uganda, blogs by Lawyers for Human Rights (LHR) and Advocates for Natural Resources and Development (ANARDE) described how they used the law to secure greater benefits for investment impacted communities. 

In South Africa, LHR harnessed the recognition of a community’s informal land rights to negotiate a comprehensive benefit sharing agreement. In Uganda, ANARDE, by providing technical legal support to the government, facilitated the formal requirement for community development agreements (CDAs) in the country’s mining legislation. CDAs provide a legal basis for communities to cement their arrangements with mining companies.

Looking ahead

What emerged from the series was a rich tapestry of strategies for change in the way LBIs take place. Often happening as part of broader processes across multiple levels of governance, the people and organisations working towards this change have been able to leverage key touchstones to maximise impact.

The ALIGN project continues to support these organisations and others like them with technical assistance to improve the way LBIs happen. We will continue to capture and share lessons learned and foster peer-to-peer exchange of ideas and resources.

ALIGN supports governments, civil society, communities and peoples, and other relevant actors in strengthening the governance of land-based investments. The project is implemented by a consortium led by IIED, CCSI and Namati, and is funded with UK aid from the UK government.

This insight was produced as part of ALIGN by IIED and CCSI, however the views expressed do not necessarily reflect the official views or policies of ALIGN partners or the UK government.

About the authors

Nathaniah Jacobs (nathaniah.jacobs@iied.org) is a senior researcher in IIED's law, economies and justice programme

Amaelle Seigneret (amaelle.seigneret@iied.org) is a researcher in IIED's law, economies and justice programme