This qualitative dataset shows how national laws measure up against the international standards on expropriation, compensation, and resettlement as established in Section 16 of the UN Voluntary Guidelines on the Responsible Governance of Tenure of Land Fisheries and Forests in the Context of National Food Security (VGGTs). The UN Committee on World Food Security, a body consisting of 193 governments, endorsed the VGGTs in 2012. The dataset contains indicators which ask yes or no questions about the legal provisions established in national laws. Where laws only partially satisfy the question asked by the indicator, a score of "partial" is provided. If the national laws assessed fully adopt the VGGT principle, then a score of "A" is given. If national laws assessed partially adopt the VGGT principle, then a score of "B" is given. If national laws assessed do not adopt the VGGT principle, then a score of "C" is given.  Answering the questions posed by these indicators entailed reviewing a broad range of legally binding instruments, including national constitutions, land acquisition acts, land acts, communal land acts, agricultural land acts, land use acts, regulations, and some court decisions. For more information, please see: http://www.wri.org/publication/encroaching-on-land-and-livelihoods

Indicators in this dataset

Displaying 1 - 10 of 14

A gender-sensitive approach to providing compensation to affected landholders

This indicator asks whether national laws require governments to follow a gender-sensitve approach to providing compensation, accounting for the varying ways in which women and men depend on and use land. "Gender-sensitive approach" as used here means an approach the provides special protections for women landholders, ensuring they are fairly compensated based on their right or attachment to the land. This indicator is based on Section 16.3 of the VGGTs, which provides that "States should ensure a fair valuation and prompt compensation in accordance with national law." This indicator is also based on various provisions established in the VGGTs which call for state and non-state actors to promote gender-sensitive land governance. For instance, Section 3b establishes that states should promote gender equality, which is defined as “ensur[ing] the equal right of women and men to the enjoyment of all human rights, while acknowledging difference between women and men and taking specific measures aimed at accelerating de facto equality when necessary." In addition to Section 3b, other sections of the VGGTs call for states to adopt gender-sensitive approaches to land governance, including Sections 4.4, 4.7, 5.3, 5.7, and 10.1. Additionally, Section 16.1 of the VGGTs calls for states to “respect all legitimate tenure rights holders... by providing just compensation,” and women landholders are a subset of “legitimate tenure rights holders.” States should ensure that women and girls have equal tenure rights.” In countries where compensation procedures are gender-neutral, a score of "C" is provided. Answering the question posed by the indicator entailed reviewing a broad range of legally binding laws, regulations, and court decisions at the national level.

A right to challenge compensation decisions in court

This indicator asks whether national laws provide affected landholders with the right to appeal or challenge compensation decisions in court. This indicator is based on Section 16.3 of the VGGTs, which provides that "States should ensure a fair valuation and prompt compensation in accordance with national law." Furthermore, section 16.6 of the VGGTs provides "All parties should endeavour to prevent corruption, particularly through use of objectively assessed values, transparent and decentralized processes and services, and a right to appeal."Answering the question posed by the indicator entailed reviewing a broad range of legally binding laws, regulations, and court decisions at the national level.

A right to negotiate compensation levels

This indicator asks whether national laws provide affected populations with a right to negotiate compensation levels. This indicator is based on Section 16.3 of the VGGTs, which provides that "States should ensure a fair valuation and prompt compensation in accordance with national law." Furthermore, section 16.6 provides "All parties should endeavour to prevent corruption, particularly through use of objectively assessed values, transparent and decentralized processes and services, and a right to appeal."Answering the question posed by the indicator entailed reviewing a broad range of legally binding laws, regulations, and court decisions at the national level.

Alternative land as a compensation option

This indicator asks whether national laws provide alternative land to affected landholders as a compensation option (instead of or in addition to cash payments). This indicator is based on Section 16.3 of the VGGTs, which provides thar "States should ensure a fair valuation and prompt compensation in accordance with national law. Among other forms, the compensation may be, for example, in cash, rights to alternative areas, or a combination." Answering the question posed by the indicator entailed reviewing a broad range of legally binding laws, regulations, and court decisions at the national level.

Alternative to the 'fair market value' approach to calculating compensation in cases where land markets are weak or non-existent

This indicator asks whether national laws provides alternative approaches to the fair market value approach in cases where land markets are weak or non-existent. This indicator is based on Section 16.3 of the VGGTs, which states "States should ensure a fair valuation and prompt compensation in accordance with national law." Furthermore, section 18.2 of the VGGTs provides "Policies and laws related to valuation should strive to ensure that valuation systems take into account non-market values, such as social, cultural, religious, spiritual and environmental values where applicable." Answering the question posed by the indicator entailed reviewing a broad range of legally binding laws, regulations, and court decisions at the national level.

Clear Legal Definition of Public Purpose

This indicator asks whether national laws adopt VGGT principle 16.1 which establishes that "States should clearly define the concept of public purpose in law, in order to allow for judicial review." Answering the question posed by the indicator entailed reviewing a broad range of legally binding statutes, regulations, and some court decisions at the national level. For more info, see: http://www.wri.org/publication/encroaching-on-land-and-livelihoods

Compensation for economic activities associated with the land

This indicator asks whether national laws require assessors of compensation to account for the economic activites (e.g. lost profits) associated with the expropriated land. This indicator is based on Section 16.3 of the VGGTs, which provides that "States should ensure a fair valuation and prompt compensation in accordance with national law." Answering the question posed by the indicator entailed reviewing a broad range of legally binding laws, regulations, and court decisions at the national level.

Compensation for formally recognized customary tenure rights

This indicator asks whether national laws adopt VGGT principle 16.1 by providing compensation for formally recognized tenure rights held by Indigenous Peoples and local communities. Section 16. 1 provides that States should respect legitimate tenure rights by providing just compensation. Principle 9 of the VGGTs calls for States to respect and protect the legitimate tenure rights of Indigenous Peoples and local communities with customary tenure. Answering the question posed by the indicator entailed reviewing a broad range of legally binding statutes, regulations, and some court decisions at the national level. For more info, see: http://www.wri.org/publication/encroaching-on-land-and-livelihoods

Compensation for improvements made on the land

This indicator asks whether national laws require assessors of compensation to account for the improvements made on the expropriated land. "Improvements" refers to the attached and unattached assets on the land (e.g. buildings, crops). This indicator is based on Section 16.3 of the VGGTs, which provides that "States should ensure a fair valuation and prompt compensation in accordance with national law." Furthermore, section 18.2 of the VGGTs provides "Policies and laws related to valuation should strive to ensure that valuation systems take into account non-market values, such as social, cultural, religious, spiritual and environmental values where applicable." Answering the question posed by the indicator entailed reviewing a broad range of legally binding laws, regulations, and court decisions at the national level.

Compensation for intangible land values (e.g. historical, cultural, spiritual values)

This indicator asks whether national laws require assessors of compensation to account for intangible land values (e.g. historical, cultural, spiritiual values) associated with the expropriated land. This indicator is based on Section 16.3 of the VGGTs, which provides that "States should ensure a fair valuation and prompt compensation in accordance with national law." Furthermore, section 18.2 of the VGGTs provides "Policies and laws related to valuation should strive to ensure that valuation systems take into account non-market values, such as social, cultural, religious, spiritual and environmental values where applicable." Answering the question posed by the indicator entailed reviewing a broad range of legally binding laws, regulations, and court decisions at the national level.