Writ­ten sub­mis­sions on the Regulation of Agricultural Land Holdings Draft Bill made to the Minister of Rural Development and Land Reform 

In this case, which was  heard before the Constitutional Court of the Republic of South Africa, The Restitution of Land Rights Amendment  Act 15 of 2014  was declared invalid. The Act, among other things, sought to extend the period in which land restitution claims could be  lodged. However, the court found that the Parliament did not sufficiently  consult with key stakeholders including those who had successfully  lodged claims under the previous Act of 1994. 

In Nigeria, the recurring impoverishment and other negative socioeconomic impacts endured by landholders affected by expropriation are well-documented and call into question the Land Use Act’s (LUA) effectiveness in protecting local land rights. The World Bank’s Land Governance Assessment Framework found that, in Nigeria, “a large number of acquisitions occurs without prompt and adequate compensation, thus leaving those losing land worse off, with no mechanism for independent appeal even though the land is often not utilized for a public purpose”.

This paper examines whether national expropriation and land laws in 30 countries across Asia and Africa put Indigenous Peoples and local communities at risk of expropriation without compensation. In particular, this paper examines whether national laws ensure that communities are eligible for compensation and whether eligibility requirements effectively close the door on communities seeking compensation.

Article One:

This law has been enacted in accordance with paragraph (4) of article 40 of the Constitution of Afghanistan.

Objectives

Article Two:

The objectives of this law are as following:

This Law determines procedures relating to expropriation in the public interest

Tanzania and Mozambique — countries of vast mountain ranges and open stretches of plateaus — now face a growing land problem. As soil degradation, climate change and population growth place enormous strains on the natural resources that sustain millions of people, multinational companies are also gunning for large swaths of land across both countries. Caught between these pressures, many poor, rural communities get displaced or decide to sell their collectively held land.

Tanzania and Mozambique — countries of vast mountain ranges and open stretches of plateaus — now face a growing land problem. As soil degradation, climate change and population growth place enormous strains on the natural resources that sustain millions of people, multinational companies are also gunning for large swaths of land across both countries. Caught between these pressures, many poor, rural communities get displaced or decide to sell their collectively held land.

A l’occasion de l’adoption du Code forestier en 2001, le Gabon a instauré un droit au partage des bénéfices au profit des communautés locales impactées par l’exploitation forestière. Alors que la législation forestière est actuellement en cours de révision, ce document a pour objectif de formuler des recommandations pour consolider l’encadrement de ce droit et sa mise en oeuvre.

In Nigeria, the recurring impoverishment and other negative socioeconomic impacts endured by landholders affected by expropriation are well-documented and call into question the Land Use Act’s (LUA) effectiveness in protecting local land rights. The World Bank’s Land Governance Assessment Framework found that, in Nigeria, “a large number of acquisitions occurs without prompt and adequate compensation, thus leaving those losing land worse off, with no mechanism for independent appeal even though the land is often not utilized for a public purpose”.

To provide for the expropriation of property for a public purpose or in the public
interest, subject to just and equitable compensation; and to provide for matters
connected therewith.

The Deputy Minister of the Department of Rural Development and Land Reform (DRDLR), addressed the Committee on the motivation for the amendments to the Extension of security of tenure (land) Amendment Bill, saying the fundamental resolve was to overcome decades of hardship in South Africa. Its redress was not about obsolete political stories, but about the creation of just opportunities.