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Land Rights

The purchase and lease of vast tracts of land from poor, developing countries by wealthier nations and international private investors has led to debate about whether land investment is a tool for development or force of displacement.

Overview

Secure land tenure is not just crucial to have a place to call home — it is also the basis of the livelihood for billions of people, especially Indigenous communities, farmers, herders, and fisherfolk. For the majority in this world, land is the common good, which communities share, preserve, and manage collectively.

However, following the 2007-2008 high food price crisis and financial crisis. looking for the next commodity to invest in, “investors” including multinational corporations, private equity firms, and pension funds, swarmed in to take over lands around the world. Their goal has been to convert smallholder farms, grasslands, and forests into monoculture plantations, cattle ranches, and mines.

Faced with this threat, local communities and Indigenous groups have been on the frontline in the struggle against land grabbing and destructive practices. Their claim over land and their resistance to its takeover is viewed as an obstacle to investment and business. This is why many governments around the world are encouraged to adopt the Western capitalist notion of private land ownership. Adopting this notion would make land a commodity and lead to the creation of land markets so that land can be leased or sold and put into so-called “productive use” to “unlock its value.” The World Bank is a key actor in the push to privatize and commodify land. In 2017, its Enabling the Business of Agriculture report prescribed policy measures to governments in order to “enhance the productivity of land use” and encourage agribusiness expansion. These included formalizing private property rights, easing the sale and lease of land for commercial use, and systematizing the sale of public land by auction.

However, the lack of evidence of development outcomes associated with the introduction of private title systems makes it clear that the privatization of land has nothing to do with fighting poverty or improving livelihoods. The “creation” of land markets has actually been repeatedly found to solidify existing inequalities in access to land. Within a market system where land is nothing more than a commodity, corporations and wealthy individuals can price farmers and herders, who rely on land for their livelihoods, out of the markets.

Whether it is through large-scale extractive or agricultural projects, urban expansion, or privatization schemes that transform land into a marketable commodity, the threats to land rights are multiple and severe, driving the displacement of local communities and the destruction of their livelihoods.

What we are doing about it
  • The Oakland Institute is a leading voice on land rights issues, working on the front line of the struggle to defend land rights, uncovering the drivers, the actors, and the impacts of land grabbing around the world.

  • Through research, policy analysis, and advocacy campaigns, we work directly with communities to defend their land rights when threatened by governments, private corporations, and international development institutions.

  • On the policy level, the Institute produces research and evidence that promote tenure systems, which ensure the land rights of communities, Indigenous Peoples, farmers, and pastoralists.

Publications

Drying Out African Lands report cover

Drying Out African Lands: Expansion of Large-Scale Agriculture Threatens Access to Water in Africa

As the escalating climate crisis threatens access to water for millions across Africa, Drying Out African Lands: Expansion of Large-Scale Agriculture Threatens Access to Water in Africa unveils the devastating impact of large-scale agricultural plantations on the right to water on the continent. Since the 2007-2008 food crisis, Africa has been the primary destination of private international investors for large-scale agriculture schemes...

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Meet the Investors Behind the PHC Oil Palm Plantations in DRC

As community efforts to reclaim 100,000 hectares of their ancestral land occupied by oil palm plantations are met with violent repression, unlawful arrests, and murder, Meet the Investors Behind the PHC Oil Palm Plantations in DRC exposes the financiers profiteering from the plantations. Communities in Lokutu, Yaligimba, and Boteka in DRC, forcibly displaced first in 1911 by the Belgian colonial authorities to establish oil palm plantations,...

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Stealth Game: "Community" Conservancies Devastate Land & Lives in Northern Kenya

Stealth Game: “Community” Conservancies Devastate Land & Lives in Northern Kenya — reveals the devastating impact of privatized and neo-colonial wildlife conservation and safari tourism on Indigenous pastoralist communities. Although terms like “participatory,” “community driven,” and “local empowerment” are extensively used, the report exposes how the Northern Rangelands Trust (NRT) and...

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The Looming Threat of Eviction: The Continued Displacement of the Maasai Under the Guise of Conservation in Ngorongoro Conservation Area

The Looming Threat of Eviction: The Continued Displacement of the Maasai Under the Guise of Conservation in Ngorongoro Conservation Area , reveals the Tanzanian government’s plans to evict over 80,000 residents — mostly Indigenous Maasai from their land, further restrict the livelihoods of those remaining, and destroy buildings in Ngorongoro Conservation Area (NCA). Announced in April 2021, evictions of local residents are scheduled...

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Doing Business With the Bolloré Group

Violations of the United Nations' Principle and Code of Conduct The Bolloré Group is a major supplier to the United Nations. The UN pays Bolloré over US$50 million every year for logistics and other services. Between 2015 and 2019, different UN entities — including the UN Procurement Division, the World Food Programme, and UNICEF signed over 200 contracts with the Group for a value of over a quarter billion dollars. In...

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Blog

Maungdaw, Myanmar - Farm laborers and livestock in a paddy field. Image: FAO / Hkun La

New Laws Threaten Family Farmers and Ethnic Communities in Myanmar

Tuesday, August 25, 2020 Katherine O'Neill

The VFV Law, the Farmland Act, and the LAAR Law are designed to encourage the legal takeover of lands that millions of farmers and Indigenous people rely on for their livelihoods. The three laws are a potent combination which ensure that the practice of land grabbing – widespread in Myanmar under its previous military dictatorship – can continue, now concealed by false promises of 'economic development.'

Sigiriya fortress in the northern Matale District. Photo: The Oakland Institute

Land Privatization: Why Sri Lanka Must Reject the MCC Compact

Monday, August 17, 2020 Janhavi Mittal

A recent report by the Oakland Institute examines the MCC compact with Sri Lanka and raises alarm over the irreversible consequences of embarking on land privatization – when most of the land is public in the country.

A seed fair in Democratic Republic of Congo. Credit: Alexa Reynolds, ACF DR Congo

Emperor Has No New Clothes

Thursday, January 30, 2020

The EBA program was not created to help farmers. The Bank's claims to support farmers via the EBA is inherently contradictory to the own raison d'être of the program. The best way for the World Bank to assist farmers would be to disband the EBA program altogether.

Maasai villagers, their faces are hidden for their protection. Credit: Oakland Institute

Tanzania's Withdrawal from the African Court on Human and People's Rights

Monday, December 9, 2019 Anuradha Mittal

A Wrong Move for the Country and for the Continent Maasai villagers, their faces are hidden for their protection. Credit: Oakland Institute When domestic mechanisms fail and there is no rule of law, independent regional and international mechanisms are essential to ensure accountability and human rights for all. This December 10th, recognized internationally as Human Rights Day, it is necessary to challenge Tanzanian President John Magufuli...

Forest view. Credit: Janhavi Mittal

Dalit and Adivasi Women at the Forefront of the Forest Rights Movement in India

Monday, September 9, 2019 Janhavi Mittal

The Supreme Court of India is set to rule on a case, Wildlife Trust Vs the Union of India, which could result in the eviction of 1.9 million forest dwellers from the country's Indigenous and traditionally marginalized communities.

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