Foreign investment in agriculture and extractive industries is increasing pressures on land and natural resources. This handbook is about how to use law to make foreign investment work for sustainable development. It aims to provide a rigorous yet accessible analysis of the law regulating foreign investment in low and middle-income countries – what this law is, how it works, and how to use it most effectively.

The responsible governance of land-based investments hinges not only on ensuring that new investments comply with guidelines and standards, but also that existing investments are conducted responsibly, and that related grievances are adequately addressed. Dealing with existing land-based investments and the grievances that they raise, however, can be difficult for host governments navigating a complicated landscape of legal obligations and pragmatic considerations.

This publication is designed to help companies understand the need for enhanced transparency around land-related impacts and the importance of respecting the land tenure rights of local communities. It offers insights into what land-related sustainability information stakeholders are interested.

The recent wave of land deals for agribusiness investments has highlighted the widespread demand for greater accountability in the governance of land and investment. Legal frameworks influence opportunities for accountability, and recourse to law has featured prominently in grassroots responses to the land deals. 

Political dynamics of the global land grab are exemplified in Cambodia, where at least 27 forced evictions took place in 2009, affecting 23,000 people. Evictions of the rural poor are legitimized by the assumption that non-private land is idle, marginal, or degraded and available for capitalist exploitation. This paper: (1) questions the assumption that land is idle; (2) explores whether land grabs can be regulated through a ‘code of conduct’; and (3) examines peasant resistance to land grabs.

ABSTRACTED FROM THE EXECUTIVE SUMMARY: In May 2012 Prime Minister Hun Sen issued Directive 001 (also known as Order 01BB) on ‘Measures to strengthen and enhance the effectiveness of management of economic land concessions (ELCs)’ announcing a moratorium on the granting of new ELCs, the review of existing ELCs and the implementation of the so-called “leopard-skin” (or “tiger-skin”) policy, with the aim to allow communities to live side by side with the concessions.

As shown in this report, harassment of local activists in Cambodia, including defenders of the right to housing, is widespread. Cambodia’s rich and powerful are increasingly abusing the criminal justice system to silence communities standing up against land concessions or business deals affecting the land they live on or cultivate. Many poor and marginalized communities are living in fear of the institutions created to protect them, in particular the police and the courts. As forced evictions increase, public space for discussing them is shrinking.

Cambodia has experienced rapid economic growth over the last decade. Cambodian gross domestic product (GDP) grew at an average annual rate of over eight percent between 2000 and 2010 and over seven percent since 2011. The tourism, garment, construction & real estate, and agriculture sectors accounted for the bulk of growth. The percentage of the population living in poverty also decreased to approximately 17.7 percent in 2012, the latest figures available. GDP per capita increased to an estimated USD 1,130 in 2014.

Rural areas in Cambodia have been the target of large-scale land acquisitions since the late 1990s. As of March 2012, economic land concessions in Cambodia covered more than 2 million hectares, equivalent to over half of the country’s arable land. In this paper, we discuss the policy narratives and discursive strategies that are employed by various actors to justify and legitimize large-scale land acquisitions. We then analyze the underlying mechanisms of such acquisitions and investments and examine how they are entangled with donor-assisted land use planning efforts.

A factsheet showing key administrative and investment statistics of the Svay Rieng province including a geographical location and road network map of the province and information about ELC, SEZ and other investments.

This research is intended to help contribute to this articulation process by identifying and consolidating small farmers' trade agenda in five countries, namely Cambodia, Indonesia, the Philippines, Thailand and Vietnam. These countries represent a good mix of both net agricultural exporters and importers, providing the paper with a balanced perspective of looking at trade and its impact on small farmers. The agenda of small farmers in these countries formed the bases for the formulation of their trade agenda in ASEAN. The research is divided into three parts.

Land Investments in Indonesia