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Law and Regulation

How to help communities protect their lands

Rachael Knight's picture
Kenya Land Alliance facilitates a meeting
with the community of Chara, in Tana
River county

The scale of the global land grab is staggering. While international actors have made excellent progress establishing complaint boards, issuing principles for responsible investment, and securing commitments from multi­national corporations, these protections do not chart a clear course of action that communities can follow to protect their lands and natural resources before an investor arrives seeking land. 

The problem is that once an investor arrives to “consult with” a community, it may be too late.  After a deal has been made in capital city conference rooms or in clandestine meetings between chiefs and company representatives, communities are forced on the defensive. At this point, all they can do is try to mitigate the negative impacts of investors' plans rather than assertively proclaiming their legal rights, demanding that the investor abide by FPIC principles, and then choosing whether to reject the investment or accept it on terms that ensure that the community benefits and prospers.

Meanwhile, many of the “investors” grabbing land are national or local elites unaccountable to international  institutions  –  the cousin of the President or the nephew  of the Minister – who operate with complete impunity, protected by powerful connections to government, the judiciary and the police. Such individuals do not answer to shareholders or complaint boards, and are not the least bit concerned with principles of corporate social responsibility. If a community’s land claims  are unrecognized or undocumented – and if the community’s leadership is weak or corrupt – the easier it is for these elites to manipulate their power to claim what land they want.

To have a fighting chance against elites’ bad­faith actions, communities must proactively take steps to know and enforce their rights, prevent their leaders from transacting land without community approval, and seek legal recognition of their land claims.  And they must do so before elites and investors arrive. 

These three countries significantly increased women parliamentarians

Ravi Kumar's picture

Many countries around the world are working to improve women representation in the government.

If you look at the data from the last 25 years to see which countries made significant progress to increase proportion of seats held by women in their national parliaments, these three countries will stand out!
 
Rwanda, Bolivia and South Africa! See the chart below. 



On this International Women’s Day, let’s quickly look at how these countries increased the proportion of women in parliaments.

Rwanda:
 
In 1990, only 17% of Rwanda’s parliament was held by women, according to the Inter-Parliamentary Union. Today, 25 years later, 64% of parliament is occupied by women.

A virtuous circle: Integrating waste pickers into solid waste management

Martha Chen's picture
Waste – its generation, collection, and disposal – is a major global challenge of the 21st century. Recycling waste drives environmental sustainability by reducing greenhouse gas emissions and stimulates the economy by supplying raw materials and packaging materials.
 
Waste pickers are the principal actors in reclaiming waste for the recycling industry. Across the world, large numbers of people from low-income and disadvantaged communities make a living collecting and sorting waste, and then selling reclaimed waste through intermediaries to the recycling industry. Where others see trash or garbage, the waste pickers see paper, cardboard, glass, and metal. They are skilled at sorting and bundling different types of waste by color, weight, and end use to sell to the recycling industry. Yet waste pickers are rarely recognized for the important role they play in creating value from the waste generated by others and in contributing to the reduction of carbon emissions.
 
Fortunately, around the world, waste pickers have been organizing and cities have begun to promote the virtuous circle that comes with integrating waste pickers, the world’s recyclers, into solid waste management.
 
Brazil was the first country to integrate waste pickers, through their cooperatives, into municipal solid waste management systems and the first to adopt a National Waste Policy, recognizing the contributions of waste pickers and providing a legal framework to enable cooperatives of waste pickers to contract as service providers. The national movement of waste pickers in Brazil was awarded a contract to clean the stadiums during the World Cup.
 

Resilient Communities: What does it take to curb violence in cities?

Paula Rossiasco's picture

Photo: Make Noise not Art/Flickr
Almost five years ago in a discussion with urban experts from several Latin American and African countries, an important question was asked: how do we curb increasing levels of crime and violence in some of the fastest urbanizing countries in the world?
 
To explore this query, we embarked on a cross-country analysis of cities in West, Central and East Africa, seeking to not only better our understanding of urban fragility, crime, and violence, but also identify critical entry points to curb the challenges we would find. In the report Urban Fragility and Violence in Africa: A Cross-country Analysis, we explored one of the most recently relevant but less explored dimensions of fragility and violence in Africa: urbanization.
 
The world is urbanizing at staggering, unprecedented rates. By 2014, 54% of the world’s population was residing in urban areas. This number is projected to grow to 66% by 2050. Today’s large cities are concentrated in developing countries, with medium-sized African and Asian cities as the fastest growing urban agglomerations. People migrate fervently to urban areas with hopes of higher per capita incomes, increased employment levels, improved living conditions and well-being, and better chances to integrate into the national territorial economy.
 
Unfortunately, this promise has yet to be fulfilled in many cities. Often, the urbanization process is poorly managed and the mismatch between the growing number of migrants and the institutional and infrastructural capacity of cities is large. Experts argue that “the pace of urbanization, together with its sheer scale, is likely to stress national and urban institutions in many developing countries to their breaking point."

The legal problems of refugees

Paul Prettitore's picture
Refugees - Lukasz Z l Shutterstock

Like other vulnerable people, refugees are likely to encounter legal problems. These problems are often linked directly to their displacement, but also reflect general problems poor people encounter related to family, civil, and criminal matters. The longer a person’s displacement, the more legal problems that tend to arise, especially those problems that are less closely linked to displacement.  And these problems begin to strain local institutions.  The Ministry of Justice has reported increased caseloads of 84 percent in Mafraq, 77 percent in Irbid and 50 percent in Amman, all of which are areas with considerable refugee populations.

Live longer, work longer?

Harun Onder's picture

Imagine yourself on a comfy seat like the ones they give to ministers. But do not get too cozy as you are about to make a difficult decision. Population is aging in your country, and there simply is not enough resources to finance the pension benefits of the retirees. What should you do?

The conventional wisdom suggests that you should increase the retirement age. The argument goes as follows. People live six years longer in retirement now than half a century ago. Therefore, using some of those additional years for work is not completely unfair. By increasing the retirement age, you could increase the number of contributors while decreasing that of beneficiaries at the same time. This should provide an effective remedy for the imbalances in pension system accounts.

Learning the lessons of land protection from Africa’s justice advocates

Rachael Knight's picture

Looking out onto irrigated fields, NigeriaRural communities across Africa face a variety of threats to their customary and indigenous land and natural resource claims. The drivers of these threats are diverse: increasing foreign investment, national elite speculation, rising population densities, climate change, and national infrastructure mega-projects, to name a few.
 
The introduction of such external destabilizing influences often sets off a cascade of resulting intra-community challenges. In most communities, the challenges are multiple and overlapping: the divisive tactics of investors may pit community members against one another; state infrastructure development may claim the communal areas communities depend upon for their livelihoods and survival and create intra-community conflicts over scarce resources; elites seeking land may make back-room deals with leaders, undermining community trust of local leaders.
 
Land rights advocates and practitioners are frequently called upon to support communities facing such issues. However, when practitioners engage deeply with these communities, it often becomes clear that a multiplicity of factors and trends have weakened the communities’ ability to respond effectively to the conflict or threat – therefore requiring use of a variety of simultaneous strategies to ensure successful outcomes. The threats and trends are often directly and cyclically linked, with negative trends exposing communities to additional threats.

How joint land titles help women’s economic empowerment: the case of Vietnam

Wael Zakout's picture
Photo credit: CIAT/Flickr
Vietnam is my first love working for the World Bank. It is the first country I worked in when I joined the Bank back in 1994.
 
At the time, the country was still opening up to the outside world, and the Bank had just set up a small office there. I recently returned to Vietnam after 15 years, this time as the Bank’s Global Lead for Land. I saw a completely different country: while the old city charm is still there, Hanoi has transformed to the point that it is really difficult to recognize… as if I had landed in Japan, China, or any other Southeast Asian country.
 
The airport used to be one gate; now, it is a modern airport not much different from any airport in Western Europe or the United States. I remember that, when I worked in Vietnam in the mid-90s, GDP per capita was averaging US$200, and around 50% of people lived in extreme poverty. Today, GDP per capita has soared to about US$2000, while extreme poverty has dropped to around 3% according to the US$1.9/day extreme poverty line... An impressive achievement in less than 20 years.
 
My trip to Vietnam had the goal of helping the government modernize and automate the land administration system. In the early 90s, the country launched an ambitious reform program to transform the land use model from communal farming to individual household ownership by breaking up the communal land structure and distributing land to individual households. This reform was then credited with changing Vietnam from a net importer of rice to one of the largest rice exporters in the world in only a few years.
 
In accordance with the Land Law of 1993, the first Land Use Certificates (LUCs) issued under the program were in the name of the “head of household”, i.e. in the name of men only. Later on, the Vietnamese government, with support from the World Bank, strove to change things around by issuing LUCs bearing both the wife’s and the husband’s names.

Estonia’s digital dividends

Toomas Hendrik Ilves's picture

Digital technology dominates our everyday lives, and with each passing day, even more so. How can the global community benefit from the new digital era?
 
The World Bank’s World Development Report 2016 (WDR 2016) provides a useful framework and guidance for harnessing the potential of the internet for development. “To get the most out of the digital revolution, countries also need to work on regulations, skills and institutions—by strengthening regulations that ensure competition among businesses, by adapting workers’ skills to the demands of the new economy, and by ensuring that institutions are accountable,” says the Report. This may sound familiar, but it is not. Let me explain. 


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