This guide examines the role and responsibilities of private sector lawyers when advising their clients on agricultural investments. It discusses how lawyers can prevent and/or address and mitigate adverse human rights impacts on holders of legitimate tenure rights when advising on or conducting their due diligence and risk assessment processes on behalf of their clients. It provides a number of key recommendations, including on how to align legal advice with the VGGT and CFS-RAI.

This primer provides an introduction to some of the key issues that arise in the negotiation of contracts linked to investments in agriculture, and practical guidance for how to approach common issues. First, it outlines the typical goals of three important stakeholders – the government, companies, and communities who live on or near land on which a project will take place – along with the risks that each type of stakeholder faces. Then, it discusses the role of contracts and lawyers, provides tips for negotiations, and includes resources for further reading.

In dryland Africa, access to land and water resources are central to pastoral livelihood activities. Policy intervention in these regions represents the outcome of concerted post-independence processes in which countries have committed to land tenure transformation as a policy objective. This was meant to create private, liberal property rights to replace communal customary tenure systems which were considered to be a constraint to development. Despite these efforts, decades of scientific research indicate that countries are still struggling to meet environmental sustainability objectives.

There exist various indicators that measure land tenure security for urbanites. Most of those indicators measure the degree to which land titling promotes the security of tenure. Based on the reviewed literature, it is admitted that land titling is not a panacea to land tenure security. Measuring the degree of land tenure security should not rely only on the legalisation of landownership. This paper makes a meta-analysis and conceptual modelling to connect spatial justice and land tenure security.

In economics, land has been traditionally assumed to be a fixed production factor, both in terms of quantity supplied and mobility, as opposed to capital and labor, which are usually considered to be mobile factors, at least to some extent. Yet, in the last decade, international investors have expressed an unexpected interest in farmland and in land-related investments, with the demand for land brusquely rising at an unprecedented pace.

Most literature on land tenure in sub-Saharan Africa has presented women as a homogenous group. This study uses evidence from Ghana, Nigeria, and Zimbabwe to show that women have differentiated problems, needs, and statuses in their quest for land access and tenure security. It illustrates how women-to-women differences influence women’s access to land. By investigating differentiations in women’s land tenure in the three countries, the study identifies multiple and somewhat interlinked ways in which differentiations exist in women’s land tenure. It achieved some key outcomes.

The expansion of oil palm plantations in Papua province, Indonesia, involves the conversion of forests, among other land types in the landscapes, which are a source of clan members’ livelihoods. The way in which this expansion occurs makes it necessary to understand the factors associated with why companies look for frontier lands and what externalities are generated during both the land acquisition and plantation development periods.

We examine collaborations between the state and civil society in the context of land grabbing in Argentina. Land grabbing provokes many governance challenges, which generate new social arrangements. The incentives for, limitations to, and contradictions inherent in these collaborations are examined. We particularly explore how the collaborations between the provincial government of Santiago del Estero and non-government organizations (NGOs) played out. This province has experienced many land grabs, especially for agriculture and livestock production.

Ethiopia has implemented one of the world’s most cost-effective systems to document land holdings, the land certification system. After more than 15 years since its launch, questions have been raised regarding its functionality. Specifically, there are concerns about the process of updating land certificates, thus ensuring the certificates and the registry are up-to-date. This exploratory evaluation seeks to provide formative evidence regarding this question, and, if warranted, give direction as to where additional research is needed.

Our purpose is to present and test a typology of land reform theories as a means of understanding and interrogating the motives behind land reform and to better equip land administrators and policymakers to enact land reform programs that are appropriate for their contexts. Here, land reform is understood to include the related concepts of land redistribution, land restitution, land tenure reform and land administration reform. The theory typology thus has application for land restitution programs specifically operating in the global South.

The use of land consolidation on customary lands has been limited, though land fragmentation persists. Land fragmentation on customary lands has two main causes—the nature of the customary land tenure system, and the somewhat linked agricultural system. Since attempts to increase food productivity on customary lands have involved fertilisation and mechanisation on the small and scattered farmlands, these approaches have fallen short of increasing food productivity.

For historical reasons, Kenya inherited a highly skewed system of land ownership at independence in 1963. British colonialism in Kenya was not merely administrative. Rather, it was accompanied by massive and widespread land alienation for the benefit of settler agriculture. As a result the best agricultural land-the White Highlands and the adjacent rangelands were taken from the Africans, without compensation, and parceled out to white settlers. Colonial legislation was enacted to legalize this process.