LANDex - Global Land Governance Index

Effective Actions Against Land Grabbing

9B.2 Free Prior and Informed Consent (FPIC) and other safeguards are implemented in large-scale land transactions

People-Based Assessment

This indicator measures to what extent Free Prior and Informed Consent (FPIC) and other safeguards against land grabbing are implemented in your country.

Please read:

This indicator contains one block.

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

Please choose the response that best represents the situation in your country.

Under each response, you will be provided with a space to add references and detail to justify your response.

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Basic Information

What country does this data pertain to?*

What email address can you be contacted at?*

What is your name?

Would you like your name to be kept anonymous?

Who are you completing this form for?*

Myself

Someone else

What organisation are you affiliated with?

Is this organisation a people's organisation?*

Yes

What is a people's organisation?

People's organisations are defined as organisations that directly represent people depending upon land and are accountable to them. The constituency the organization represents are indigenous peoples, youth, women, pastoralists, rural workers, rural community members, fishers, landless, forest dwellers and users, peasants and hunter gatherers , afro descendants, quilombolas, adivasi and dalit. NGOs that work closely with people depending upon land but do not represent them are not People's Organisations.

Where is the organisation located?

What sector does your organisation work in?

Respondents should choose the sector that best reflects their affiliation. If no sector presented accurately describes the respondent's affiliation, the Other option should be selected.

While non-governmental organizations (NGOs) can be considered within the broader sector of civil society organizations (CSOs), we provide both options to reflect different understandings of these terms in diverse contexts. The UNDP defines CSOs as "voluntary organizations with governance and direction coming from citizens or constituency members, without significant government-controlled participation or representation," and NGOs "as a subset of CSOs involved in development cooperation." Organizations that have chosen to identify as NGOs in LANDex include the Mongolian Land Management Association (MLMA), the Association of Senegalese Lawyers (AJS) and the Peruvian Center for Social Studies (CEPES). Organizations that have identified as CSOs in LANDex include the Kyrgyz Association of Forest and Land Users, the Citizen Observatory in Chile and the Center for Environment and Development (CED) in Cameroon.

What is your gender?

What is your age?

Block 1: Free Prior and Informed Consent (FPIC) and other safeguards are implemented in all large-scale land transactions

Block 1/1

Methodology: ActionAid VGGT Toolkit (adapted)

Q1: Is government at sub-national and national level well informed about FPIC and use it to inform their decision-making process?

0: No, neither the sub-national nor the national government is well informed about FPIC. There are no attempts to integrate FPIC in decision-making processes.

1: Partial, the sub-national and national government is minimally informed about FPIC. FPIC is integrated into decision-making processes, but insignificantly.

2: Partial, both sub-national and national government is informed about FPIC. There has been significant progress towards incorporating FPIC in decision-making, but there is still room for improvement.

3: Yes, the sub-national and national governments are well informed about FPIC and use it to inform their decision-making process.

Reference:

Q2: Does government make sure all legitimate rights holders are recognised/known (all rights are clear) before any investment takes place?

0: No, this does not happen in practice at any level. There are no attempts to ensure that all legitimate rights holders are recognised/known before investments take place.

1: Partial, this happens to a limited degree. The government makes an insignificant effort to ensure that legitimate rights holders are recognised/known before an investment takes place.

2: Partial, this happens to a significant degree. The government makes an effort to ensure all legitimate rights holders are recognised/known before an investment takes place.

3: Yes, this indicator is fulfilled. The government consistently ensures that all legitimate rights holders are recognised/known before any investment takes place.

Reference:

Q3: Does the government organise socio-economic and environmental impact assessments?

0: No, socio-economic and environmental impact assessments are not organised by the government.

1: Partial, the government has organised some socio-economic and environmental impact assessments.

2: Partial, the government regularly organises socio-economic and environmental impact assessments.

3: Yes, the government always organises socio-economic and environmental impact assessments.

Reference:

Q4: Does government recognize and protect human rights in defending and claiming tenure rights in communities?

0: No, the government does not recognize nor protect human rights in defending and claiming tenure rights in communities.

1: Partial, the government only minimally recognizes or protects human rights in defending and claiming tenure rights in communities.

2: Partial, the government has made a considerable effort to recognize or protects human rights in defending and claiming tenure rights in communities.

3: Yes, the government fully recognizes or protects human rights in defending and claiming tenure rights in communities.

Reference:

Q5: If communities do not hold documentation proving their customary or informal tenure rights, are they protected from eviction?

0: No, customary or informal communities without documentation are not protected in any way from eviction.

1: Partial, customary or informal communities without documentation are in some circumstances protected from eviction.

2: Partial, customary or informal communities without documentation are generally protected from eviction.

3: Yes, customary or informal communities without documentation are protected from eviction.

Reference:

Q6: Does the government give room for communities to decline potential projects and respect communities’ decisions?

0: No, communities have no room to decline potential projects and community decisions are not respected.

1: Partial, communities have limited room to decline potential projects and community decisions are not always respected.

2: Partial, communities have considerable room to decline potential projects and community decisions are usually respected.

3: Yes, communities have a lot of room to decline potential projects and community decisions are fully respected.

Reference: