The need for national-level legal protection for populations displaced by expropriation

Tagliarino, Nicholas Korte

doi:10.4324/9781315163062-13

Cited by 2 publications

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“…Other scholars have raised similar policy concerns with some noting that the successive policy iterations by the World Bank have all but weakened remedies for displaced people (see, for example, Tagliarino, 2018;Mathur, 2011;Downing, 2002b;Clark, 1997). Mathur (2011) notes that laws governing compulsory land acquisition and involuntary resettlement in many jurisdictions tend to protect the interest of the developer better than the displaced.…”

Section: Planning and Inherent Complexity In Development Induced Dispmentioning

confidence: 99%

“…Mathur (2011) notes that laws governing compulsory land acquisition and involuntary resettlement in many jurisdictions tend to protect the interest of the developer better than the displaced. In a recent global study on country systems on land acquisition and resettlement, Tagliarino (2018;p.288) found "significant gaps in national legal frameworks", noting that such weak policies left "displaced persons without adequate legal protections to ensure that not only physical relocation but also socio-economic reconstruction post-displacement are provided". Focusing on mining, Vivoda et al (2017b) observed similar policy gaps, concluding that it could lead to situations where key aspects of resettlement are neglected.…”

Section: Planning and Inherent Complexity In Development Induced Dispmentioning

confidence: 99%

“…Outside of country-level systems and guidance, the operationalization of the policy requirements at the site level may also be left to the discretion of companies or constrained by the level of expertise and resources at the disposal of the company. In weak policy environments, discretion can become grounds for noncompliance or a minimalist approach, far less than what may be required to support adequate livelihood restoration (Tagliarino, 2018) Second, reference to households is minimal. There is less emphasis, for instance, on the importance of families and households in the livelihood restoration process; no reference to intra-household dynamics, communities or broader societal structures.…”

Section: Representing Households In Displacement and Safeguards Policiesmentioning

confidence: 99%

“…In this thesis, these policies are collectively referred to as global resettlement policies and standards or contemporary resettlement policies and standards. 24 SeeTagliarino (2018) for an overview of country systems on compulsory land acquisition and resettlement in 50 countries around the world. 25 See, for example,Cernea (1986);Cernea (1995); WorldBank (1996).…”

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confidence: 99%

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Conceptualizing household livelihood needs in mining-induced displacement and resettlement: a case study from Ghana

Adam¹

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Development-induced displacement and resettlement (DIDR) is a significant socioeconomic problem. Recent estimates suggest that approximately 20 million people are displaced every year to make way for the construction and operation of large-scale development projects, such as dams and mining. More than forty years of scholarship show that people displaced by these projects often experience worse levels of poverty and, in the majority of cases, struggle to recover from this impoverishment. International finance institutions have attempted to address project-induced impoverishment by putting forward resettlement policy frameworks and guidelines. These policy measures have been complemented by scholarly models for planning and implementing resettlement that aim to prevent impoverishment. However, despite numerous policies, impoverishment remains a predominant outcome in most displacement settings. This thesis focuses on mining-induced displacement and resettlement (MIDR). It engages scholarly works and literature on displacement and sustainable livelihoods and argues that continuing widespread impoverishment-in the face of 'improved' resettlement policy and practiceis a result of inadequate engagement with the human scale dimensions of household livelihood development. The thesis is based on an ethnographic case study from Ghana and examines a resettlement exercise as it occurred at the Akyem gold mine project. Based on constructivist perspectives, it uses a combined conceptual lens from the Sustainable Livelihoods Frameworks, Sen's (1999) Capabilities Approach, and concepts from industrial sociology to examine the human scale issues in MIDR. These issues are examined at three levels: household, policy platforms and institutional practices. Habermas' (1984) idea of "communicative action" is also deployed to conceptualise potential areas of intersection across these levels. Primary data is analyzed from interviews with a sample of 82 participants and informants, comprising twenty-five (25) randomly selected household participants and fifty-seven (57) key informants. Documents are analysed as primary sources for understanding the legal and regulatory instruments, policies and guidelines pertaining to MIDR within Ghana and the international context. At the household level, the findings from the research confirmed the established pattern of impoverishment and vulnerability resulting from MIDR. The pressures of being dispossessed, combined with the rapid transformations associated with industrial scale mining, were prominent and directly explained the impoverishment process facing the households. Attempts

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Section: Planning and Inherent Complexity In Development Induced Dispmentioning

confidence: 99%

Section: Planning and Inherent Complexity In Development Induced Dispmentioning

confidence: 99%

Section: Representing Households In Displacement and Safeguards Policiesmentioning

confidence: 99%

mentioning

confidence: 99%

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Conceptualizing household livelihood needs in mining-induced displacement and resettlement: a case study from Ghana

Adam¹

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The Status of National Legal Frameworks for Valuing Compensation for Expropriated Land: An Analysis of Whether National Laws in 50 Countries/Regions across Asia, Africa, and Latin America Comply with International Standards on Compensation Valuation

Tagliarino

2017

Land

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Abstract:The challenges associated with determining fair compensation for expropriated land have been extensively discussed and debated among scholars, practitioners, policymakers, and the public. However, to date, a comprehensive study of national-level compensation procedures established by law considering whether such procedures meet internationally recognized standards on compensation valuation has not been conducted. This article aims to bridge this gap by serving as a reference point and informing "fair compensation" debates among scholars, practitioners, and policymakers. This article examines national-level legal provisions on compensation in 50 countries/regions across Asia, Africa, and Latin America against a set of legal indicators that are based on international standards on the valuation of compensation. The legal indicators focus on the substantive and procedural requirements pertaining to the calculation of compensation. The indicators ask whether laws require assessors to account for various land values when calculating compensation, and whether there are legal processes in place that allow affected persons to negotiate compensation amounts, receive prompt payments, and hold governments accountable by appealing compensation decisions in courts or before tribunals. The results of the study show that most of the 50 countries/regions assessed do not have national laws that comply with internationally recognized standards on the valuation of compensation. Based on the findings from the legal indicator analysis, this paper presents a set of recommendations for reforming compensation procedures to bring them into conformity with international standards.

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The need for national-level legal protection for populations displaced by expropriation

Cited by 2 publications

References 0 publications

Conceptualizing household livelihood needs in mining-induced displacement and resettlement: a case study from Ghana

Conceptualizing household livelihood needs in mining-induced displacement and resettlement: a case study from Ghana

The Status of National Legal Frameworks for Valuing Compensation for Expropriated Land: An Analysis of Whether National Laws in 50 Countries/Regions across Asia, Africa, and Latin America Comply with International Standards on Compensation Valuation

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