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

A right to consultation during the resettlement process for all displaced persons

This indicator asks whether national laws provide displaced populations with the right to be consulted during the resettlement process after their land is expropriated. This indicator is based on section 16.8 of the VGGTs, which establishes that "States should, prior to eviction or shift in land use which could result in depriving individuals and communities from access to their productive resources, explore feasible alternatives in consultation with the affected parties, consistent with the principles of these Guidelines, with a view to avoiding, or at least minimizing, the need to resort to evictions."

Details

ID
NKT-VGGT16-8A
Measurement unit
Index (A; C)

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