ABSTRACT

The problem of escalating population displacement demands global attention and country co-ordination. This book investigates the particular issue of development-induced displacement, whereby land is seized or restricted by the state for the purposes of development projects. Those displaced by these schemes often risk losses to their homes, livelihoods, food security, and socio-cultural support; for which they are rarely fully compensated. Bringing together 22 specialist researchers and practitioners from across the globe, this book provides a much-needed independent analysis of country frameworks for development-induced displacement spanning Asia, Africa, Central and South America.

As global competition for land increases, public and private sector lenders are lightening their social safeguards, shifting the oversight for protecting the displaced to national law and regulations. This raises a central question: Do countries have effective ways of addressing the risks and lost opportunities for their people who are displaced? While many countries remain impervious to the problem, the book also shines a light on the few who are pioneering new legislation and strategies, intended to address questions such as: should the social costs to those displaced help determine whether a project meets the public interest and merits financing? Does the modern state need powers of eminent domain? How can country laws, systems, institutions and negotiations be reformed to protect citizens better against disempowering public and private sector development displacement?

This book will interest those working on forced and voluntary migration, property and expropriation law, human rights, environmental and social impact assessment, internal and refugee displacement from conflicts, environment change, disasters and development.

chapter |26 pages

Introduction

part I|1 pages

Conceptual frameworks

chapter 4|21 pages

Minding the gender gaps

How legal gaps withhold gender-equitable outcomes in land acquisition, compensation and resettlement

chapter 5|27 pages

Higher risk, higher reward?

Negotiated settlements, wellbeing and livelihoods in displacement by development

part II|1 pages

Challenges at the country level

chapter 6|14 pages

What does it take to mandate good national policy into law?

118The case of Sri Lanka’s National Involuntary Resettlement Policy

chapter 8|15 pages

Safeguarding community livelihoods in Uganda

Analysis of a country framework for land acquisition, resettlement and rehabilitation

chapter 10|16 pages

Paying resettled communities for environmental services

Legally mandated benefit-sharing for Vietnam’s dam-displaced

part III|1 pages

Interweaving international, national and local

chapter 11|24 pages

Global or local safeguards?

194Social impact assessment insights from an urban Indian land acquisition

chapter 12|12 pages

Urbanisation resettlement in China

Characteristics, risks and the revised Land Administration Law

chapter 13|16 pages

Land rights on paper and in practice in Cambodia

How land rights are recognised, protected and expropriated for project development

chapter 14|22 pages

Cultural and political obstacles to effective resettlement

A case study of involuntary displacement of Pehuenche families by the Pangue and Ralco hydroelectric dams in southern Chile

chapter 15|19 pages

With or without international institutions?

Acquisition of land rights for infrastructure projects in the weak legal framework of Timor-Leste

chapter |5 pages

Conclusion