Good Land Governance is a governance system that aims to protect the property rights of individuals and enterprises based on following good governance principles like accountability, transparency, the rule of law, effectiveness, efficiency, equality and public participation (Espinoza et al, 2016; Zakout et al., 2006). The line of criticism applied to notions of Good Land Administration or Good Land Governance is their vague and rather declarative character.

The parallels between Africa and China’s urbanisation trajectories could offer policymakers potential policy design lessons to learn from. For example, some of China’s recent successes in managing urbanisation, if adequately adapted to the unique and diverse African context, could potentially help the continent’s burgeoning city growth become more sustainable and equitable – but only with careful consideration of local circumstances.

The debate about compensation of former white farmers in Zimbabwe continues to rage. The compensation agreement signed in July agreed a total amount of US$3.5 billion to pay for ‘improvements’ to the land that was expropriated. After 20 years of discussion, this was a major step forward. However, there seem to be multiple positions on the agreement and little consensus, along with much misunderstanding. However, some things are happening, and a joint resource mobilisation committee has been established with technical support from the World Bank and others.

The increasing number of salmon in the Skjern River in Denmark is a positive sign, as the Danish salmon is the only strain of wild salmon left in Danish rivers. Before the Skjern River Nature Restoration Project, the salmon had almost gone extinct owing to the state of the environment. The project area now offers ideal conditions for flora and fauna and has already acquired great natural value. In fact, it has already grown into a bird site of national importance.

The Parliament of South Africa has agreed to amend the Constitution of the country in order to make it explicit that it is possible to expropriate land without paying compensation in order to further land reforms. The supporters of this move - the ruling  African National Congress (ANC) and the opposition Economic Freedom Fighters (EFF) – argue that this is necessary to speed up land reforms in order to overcome the continuing extreme and still largely racially defined inequalities in land ownership.

Banks must stand with Indigenous and local communities in respecting their land rights

In 2018, every week more than three people were murdered, defending their land and environment from destructive industries like mining, logging and agribusiness. These killings represent the extreme end of a spectrum of violence and threats directed at land rights defenders.

Until now, a comprehensive study of national-level expropriation, compensation, and resettlement procedures in 50 countries across has not been conducted. My PhD research project, facilitated by the University of Groningen Faculty of Law, aims to bridge this gap by providing a broad comparative analysis of nation legal frameworks in 50 countries across Asia, Africa, and Latin America to determine whether legal procedures in these countries adopt internationally recognized standards on expropriation, compensation, and resettlement.

From November 28 to December 23, 2016, Land Portal hosted a successful Land Debate on land valuation and fair compensation. The debate focused on the question of what is fair compensation for land in cases of land tenure changes (e.g. expropriations and voluntary land transfers), and what measures are sufficient to ensure the livelihoods of affected landholders are restored.

Despite the fact that land is intrinsically fixed in space, a new transnational market for land is born. Indeed, data from the Land Matrix suggests that in the last 16 years 77.5 million hectares of land – a surface slightly smaller than the entire Mozambique – have been transferred to international investors or are currently under negotiation. More than 140 countries are involved in this international market for land either as investor country, or as target country, or both.

The Rethinking Expropriation Law initiative hosted a Conference on Compensation for Expropriation in Cape Town, South Africa on December 7-9, 2016. The final session of the Conference took place on December 9 and aimed at discussing the development of a protocol on fair compensation.

For  the final session in Cape Town, scholars, judges, activists, and government officials from around the world sat together to provide input on what guidance and principles should be included in the protocol on fair compensation.

SESSION 4: FACTORS OF COMPENSATION; VALUE OF LAND

Dr Shai Stern (Dr. Shai Stern (Professor of Law, Bar-Ilan University)

Restoring Justice in Expropriation Law

• There is general agreement on the concept of fair or just market value for compensation, yet this concept is based on different ideas of justice
• A Restorative conception of justice provides a coherent and circumstances’ attentive normative framework to address the most significant challenges related to compensation