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Overlapping Land & Resource Rights in Africa

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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
slide1

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
slide16

THANK YOU

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

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