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Overlapping Land & Resource Rights in Africa. Gaia Larsen World Resources Institute. Africa Biodiversity Collaborative Group (ABCG). Problem. Conflict from overlapping land & resource rights. Research. 2 S ectors 4 Countries 5 Issues. Research. 2 Sectors 4 Countries 5 Issues.

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Presentation Transcript

Overlapping

Land & Resource

Rights in Africa

Gaia Larsen

World Resources Institute

Africa Biodiversity Collaborative Group (ABCG)


Problem
Problem

Conflict from overlapping land & resource rights


Research
Research

2 Sectors

4 Countries

5 Issues


Research1
Research

2 Sectors

4 Countries

5 Issues

  • Ownership & Control

  • Notification & Consent

  • Licensee Authorities

  • Landholder Rights

  • Compensation


Results
Results

Ownership & Control

  • State property

  • Private land open to operations


Results1
Results

Notification & Consent

  • Govts not required to notify or have consent

  • Licensees must notify; some require consent


Results2
Results

Licensee Authorities

  • Broad authorities to conduct operations

  • Can acquire exclusive use of private land


Results3
Results

Landholder Rights

  • Some provide use rights, but cannot interfere

  • Improvements require consent of licensee


Results4
Results

Compensation

  • For losses, damages or disturbances

  • Some offer various forms of compensation


Hierarchy
Hierarchy

Land vsNR Rights

  • NR rights trump land rights

    Petroleum vsMineral Rights

  • New NR rights holder cannot interfere with prior holder

  • Petroleum rights supersede other NR rights


Policy options
Policy Options

  • Increase bundle of land rights to include NR rights

  • Restrict/extinguish PRs only for genuine public purposes

  • Strong social & env safeguards, including FPIC

  • Landholders can require licensee to acquire all land

  • Fair, prompt compensation; share of royalties option


Policy options1
Policy Options

  • Increase bundle of land rights to include NR rights

  • Restrict/extinguish rights only for genuine public purposes

  • Strong social & env safeguards, including FPIC

  • Landholders can require licensee to acquire all land

  • Fair, prompt compensation; share of royalties option


Policy options2
Policy Options

  • Increase bundle of land rights to include NR rights

  • Restrict/extinguish rights only for genuine public purposes

  • Strong social & environmental safeguards, including FPIC

  • Landholders can require licensee to acquire all land

  • Fair, prompt compensation; share of royalties option


Policy options3
Policy Options

  • Increase bundle of land rights to include NR rights

  • Restrict/extinguish rights only for genuine public purposes

  • Strong social & environmental safeguards, including FPIC

  • Landholders can require licensee to acquire exclusive use

  • Fair, prompt compensation; share of royalties option


Policy options4
Policy Options

  • Increase bundle of land rights to include NR rights

  • Restrict/extinguish rights only for genuine public purposes

  • Strong social & environmental safeguards, including FPIC

  • Landholders can require licensee to acquire exclusive use

  • Fair, immediate compensation; share of royalties option


THANK YOU

VIDEO: http://insights.wri.org/news/2013/04/without-land-what-would-farmer-do.


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