LANDex - Global Land Governance Index

Effective Actions Against Land Grabbing

9A Legal and institutional framework in place at national level to prevent land grabbing in private and public investments and includes the existence of procedural safeguards

People-Based Assessment

This indicator measures the presence of a legal and institutional framework to prevent and safeguard against land grabbing in private and public investments.

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For this indicator, you will be asked to respond to questions using a scale of 0-3, according to descriptions available next to the possible responses.

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Block 1: Land transactions exceeding a certain scale are subject to high-level government approval and environmental safeguards

Block 1/2

Methodology: ActionAid VGGT Toolkit

Q1: Does the law provide a ceiling on the scale of land that one legal entity (natural or legal person) can hold?

2: Partial, significant progress has been made towards addressing the issue. The current framework makes significant progress towards, but does not entirely meet the issue addressed in the indicator. 3: Yes, the current framework addresses the issue fully. The issue addressed in the indicator is clearly or expressly addressed. 0: No, issue is not addressed at all. There are no attempts to meet the issue addressed in the indicator. 1: Partial, only limited progress has been made towards addressing the issue. The current framework addresses the indicator, but insignificantly.

Reference

Q2: Are there systematic vetting mechanisms through the parliament to regulate large-scale land transfers?

2: Partial, significant progress has been made towards addressing the issue. The current framework makes significant progress towards, but does not entirely meet the issue addressed in the indicator. 3: Yes, the current framework addresses the issue fully. The issue addressed in the indicator is clearly or expressly addressed. 1: Partial, only limited progress has been made towards addressing the issue. The current framework addresses the indicator, but insignificantly. 0: No, issue is not addressed at all. There are no attempts to meet the issue addressed in the indicator.

Reference

Q3: Do government policies prioritise smallholder producers and keep the land in the hands of community users?

3: Yes, the current framework addresses the issue fully. The issue addressed in the indicator is clearly or expressly addressed. 1: Partial, only limited progress has been made towards addressing the issue. The current framework addresses the indicator, but insignificantly. 0: No, issue is not addressed at all. There are no attempts to meet the issue addressed in the indicator. 2: Partial, significant progress has been made towards addressing the issue. The current framework makes significant progress towards, but does not entirely meet the issue addressed in the indicator.

Reference

Q4: Does the government include smallholders in the formulation of rural development, agriculture or livelihood strategies?

1: Partial, only limited progress has been made towards addressing the issue. The current framework addresses the indicator, but insignificantly. 0: No, issue is not addressed at all. There are no attempts to meet the issue addressed in the indicator. 2: Partial, significant progress has been made towards addressing the issue. The current framework makes significant progress towards, but does not entirely meet the issue addressed in the indicator. 3: Yes, the current framework addresses the issue fully. The issue addressed in the indicator is clearly or expressly addressed.

Reference

Q5: Does the law provide for communities’ meaningful and participatory consultation, prior, during, and post consultation, in relation to projects that would or are likely to affect their land, forest or fisheries tenure rights?

1: Partial, only limited progress has been made towards addressing the issue. The current framework addresses the indicator, but insignificantly. 3: Yes, the current framework addresses the issue fully. The issue addressed in the indicator is clearly or expressly addressed. 0: No, issue is not addressed at all. There are no attempts to meet the issue addressed in the indicator. 2: Partial, significant progress has been made towards addressing the issue. The current framework makes significant progress towards, but does not entirely meet the issue addressed in the indicator.

Reference

Q6: Is there an independent institutional body in place to certify that the environment and social impacts assessment provided by corporate actors is sound, and has been done in a participatory and inclusive manner?

3: Yes, the current framework addresses the issue fully. The issue addressed in the indicator is clearly or expressly addressed. 0: No, issue is not addressed at all. There are no attempts to meet the issue addressed in the indicator. 2: Partial, significant progress has been made towards addressing the issue. The current framework makes significant progress towards, but does not entirely meet the issue addressed in the indicator. 1: Partial, only limited progress has been made towards addressing the issue. The current framework addresses the indicator, but insignificantly.

Reference

Block 2: Free, Prior and Informed Consent (FPIC) and Redress

Block 2/2

Methodology: Transparency International

Q1: Is the principle of “free, prior and informed consent” embedded in national land legislation, or other accepted and applied land governance mechanisms?

Reference

Q2: Do you consider existing redress mechanisms for land in your country to be satisfactory?

Reference

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Effective Actions Against Land Grabbing