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.

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

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.

This LEGEND bulletin explores early experiences and emerging lessons from four of these projects, and includes testimony from community members attesting to their positive results.

Research shows that land disputes are increasingly common, exposing businesses to severe risks at the project level. The problem is endemic and growing – companies want evidence-based approaches to address this new reality and understand their exposure to risk. The Quantifying Tenure Risk (QTR) financial model blends verified company data with detailed case research to accurately assess tenure risk and provide tailored support to investors and businesses. 

The history of Burma’s jade mines in the West is a brief one. While hundreds of different reports, articles and even books exist on the famous ruby deposits of Mogok, only a handful of westerners have ever made the journey to northern Burma’s remote jade mines and wrote down their findings. Occidental accounts of the mines make their first appearance in 1837. Although in 1836, Captain Hannay obtained specimens of jadeite at Mogaung during his visit to the Assam frontier (Hannay, 1837), Dr. W.Griffiths (1847) was the first European to actually visit the mines, in 1837 (Griffiths, 1847).