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

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.

Details

ID
NKT-VGGT16-3A
Measurement unit
Index (A; C)
Best value is
High

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