Land, Conflict, and Investment Risks: An Indian Perspective

Similar documents
The Mines and Minerals (Development

Land Acquisitions Act 1894 (1of 1894)

Legislative Brief The Land Acquisition, Rehabilitation and Resettlement Bill, 2011

Land Acquisition in India

NATIONAL LAND POLICY ON AGRICULTURE DEVELOPMENT

Legislative Brief The Mines and Minerals (Development and Regulation) Bill, 2011

The Bill is called the Land Acquisition, Rehabilitation and Resettlement Act, 2011

PROJECT REPORT PROCESS & PROCEDURE OF LAND ACQUISITION UNDER RFCTLARR ACT, Submitted By Babita Mishra Addl. Tahasildar, 16 TH Batch

INSIDE RFCTLARR ACT, 2013

Land tenure dilemmas: next steps for Zimbabwe

Land Acquisition Rehabilitation and Resettlement Act, 2013

Presentation on RFCTLARR Act, March 22, 2018

Land Tenure and Geospatial Data and Technology

Customary Land Tenure and Responsible Investment in Myanmar. Aung Kyaw Thein Land Core Group

Creating better working land markets Learnings from Rajasthan. Anirudh Burman December 5, 2017

THE LAND POOLING RULES OF THE KINGDOM OF BHUTAN 2009 ROYAL GOVERNMENT OF BHUTAN MINISTRY OF WORKS AND HUMAN SETTLEMENT

LAND TENURE IN ASIA AND THE PACIFIC CHALLENGES, OPPORTUNITIES AND WAY FORWARD

Key Concepts, Approaches and Tools for Strengthening Land Tenure Security

Auction of Mineral Blocks in Odisha

Cape Town 1 November 2013

Project Title. Determination of Ceiling Surplus Land and Distribution among Landless Persons

Developing Land Policy in a Post-Conflict Environment: The Case of Southern Sudan

Liberia Land Commission Act

Presented at the FIG Working Week 2016, May 2-6, 2016 in Christchurch, New Zealand

Global Witness submission on Myanmar s draft national land policy

SUMMARY LAND ACQUISITION PLAN. Supplementary Appendix to the. Report and Recommendation of the President to the Board of Directors.

Democratizing Governance on Land towards Enhanced Access of the Poor to Land and Common Property Resources

In light of this objective, Global Witness is providing feedback on key sections of the 6 th draft of the national land policy:

Land Records Management, Land Dispute Resolution and Land Administration

Providing access to land: challenges and solutions Lessons learnt by members of the International Land Coalition

Addressing Land Sector Opportunities with Geospatial Information in Nepal

Advancing Methodology on Measuring Asset Ownership from a Gender Perspective

Minerals and Mining (Compensation And Resettlement) Regulations, 2012 (L.I. 2175)

Legislative Brief The Land Acquisition (Amendment) Bill, 2007

Odisha Minor Minerals Concession Rules 2004, as amended upto 2015

Model Agricultural Land Leasing Act, 2016: Some Observations

Crown Land Use Operational Policy: Mining APPROVED AMENDMENTS: Summary of Changes: /Approval

Frequently asked questions on business combinations

LAND ACQUISITION BILL: THEN AND NOW

AKSHAYA SHAKTI NIDHI (GREEN ENERGY FUND) - KARNATAKA

SECURITY OF TENURE - BEST PRACTICES - Regional Seminar on Secure Tenure Safari Park Hotel, Nairobi June 2003

Establishing a Wetland Bank in Minnesota

NATIONAL URBAN SANITATION: POLICIES AND PROGRAMMES

NATIONAL PLANNING AUTHORITY. The Role of Surveyors in Achieving Uganda Vision 2040

by Tahsin YOMRALIOGLU, Bayram UZUN & Recep NISANCI Department of Surveying Engineering Karadeniz Technical University Trabzon, Turkey

Acquisition of Italian On-going Business within the frame of Group to Group. Cross-Border Acquisition Projects, the. - Selected Issues -*

De Jure. September 3, Rajani Associates simple solutions

Empowering citizens, updating land records, reducing corruption:

BPO Best Practices Guide

Mandatory Requirement for Certification Bodies in Assessing Free, Prior and Informed Consent (FPIC) in New Planting Procedures

Planning Rationale in Support of an Application for Site Plan Control Approval

EXHIBIT LIST No Exhibit Name Page 1 P7 Compensation Presentation.pdf (P7) 2-47

The Application Process

CUSTOMARY LAND RIGHTS IN THE DEVELOPMENT

City of Brandon Brownfield Strategy

AFRICAN FORESTRY AND WILDLIFE COMMISSION

1. Introduction. 1. Formal Disposition 2. Authorization 3. Approval. ESRD, Public Land Management, 2014, No.2. Effective Date: January 30, 2014

VT0001 TOOL FOR THE DEMONSTRATION AND ASSESSMENT OF ADDITIONALITY IN VCS AGRICULTURE, FORESTRY AND OTHER LAND USE (AFOLU) PROJECT ACTIVITIES

THE RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT, 2013 AN OVERVIEW

Resettlement Policy Framework

Good Land Governance for the 2030 Agenda

TCP PROJECT AGREEMENT SUPPORT GOVERNMENT IN FORMULATION OF A NATIONAL AND GENDER SENSITIVE LAND POLICY GUIDED BY THE VGGT PRINCIPLES

This Press Release is embargoed against publication, telecast or circulation on internet till 5.30 pm today i.e. 31 st August 2018.

Promoter s Introduction to Land Compensation. Colin Smith FRICS

Due Diligence Report on Social Safeguards. IND: Rural Connectivity Investment Program Projects I and II

Institutional Analysis of Condominium Management System in Amhara Region: the Case of Bahir Dar City

Tejon Ranch Conservation and Land Use Agreement Executive Summary

Voluntary Land Acquisition and Mitigation Policy For State Significant Mining, Petroleum and Extractive Industry Developments 15 DECEMBER 2014

TORRES MARTINEZ DESERT CAHUILLA INDIANS. Physical Address Martinez Road P.O Box 1160 Thermal Ca

Carbon Finance and Land Tenure Lessons from Sub-Saharan Africa

Responsible governance of tenure: a technical guide for investors

UNDERSTANDING THE TAX BASE CONSEQUENCES OF LOCAL ECONOMIC DEVELOPMENT PROGRAMS

PPP Projects: Screening, Feasibility, Risk, and Structuring. Presented by: Lloyd Richardson

ENABLING THE BUSINESS OF AGRICULTURE

ECONOMIC EXCELLENCE ZONES & REAL ESTATE: ISSUES & OPPORTUNITIES. Real Estate Issues With Specific Reference to SEZs

Services for NRI and PIO

Outline. Property taxes-general. Tax concept. Property taxes-liabilities. authorizations. Property taxes-authorizations

Cadastral Template 2003

Land Acquisition and Resettlement Framework. Date: May 2016 Status: Update. FIJI: Transport Infrastructure Investment Sector Project

NFU Consultation Response

Land surveying is probably the (second) oldest profession in the world

CAN A PUBLIC-PRIVATE PARTNERSHIP IN LAND REGISTRATION PROVIDE A VEHICLE FOR GREATER INCLUSION AND BETTER GOVERNANCE?

Economic and Fiscal Impact Analysis of Future Station Transit Oriented Development

The AU Agenda on Land: Focus on Large Scale Land Based Investments in Agriculture

GLOBAL YELLOW PAGES LIMITED (Company Registration No G) (Incorporated in the Republic of Singapore)

Use of Comparables. Claims Prevention Bulletin [CP-17-E] March 1996

FSM MINERALS AND GEOLOGY WO AMENDMENT EFFECTIVE 6/1/90 CHAPTER MINERAL RESERVATIONS AND OUTSTANDING MINERAL RIGHTS.

RENITA HURDSMAN BEAR RIVER STATE PARK LAND EXCHANGE PROPOSAL

Presentation at Asian Highways Investment Forum Bangkok, 8-9, October 2013 United Nations Economic & Social Commission For Asia & The Pacific

LAND REFORM IN MALAWI

Strathcona County Municipal Policy Handbook. Last Review Date: May 21, 2013 Next Review Date: 05/2016

THE LAND GOVERNANCE ASSESSMENT FRAMEWORK (LGAF): GLOBAL EXPERIENCE & LESSONS LEARNED FROM THE PHILIPPINES

Implementation of a PPP Transaction in the Rural Water Sector in Uganda. IFC - PPP Transaction Advisory Dakar, June 4, 2012

WELCOME. Chitra Sampath, Senior Advocate 1

USAID Principles and Tools to Assess Land Governance. Anthony USAID Land Tenure and Communications Specialist 2 October 2014

ENTITLEMENT MATRIX. Gujarat State Highway Project - II. Public Disclosure Authorized. Public Disclosure Authorized. Public Disclosure Authorized

Valuation Methodology of Unregistered Properties in East Africa

Ready For The Future

Leasing Agricultural Land in Sierra Leone. Information for Investors March 2010

SCHOOL SECTOR PROGRAM (SSP) FRAMEWORK FOR LAND ACQUISITION THROUGH VOLUNTARY DONATION OR WILLING SELLER WILLING BUYER PROCESS

Transcription:

Land, Conflict, and Investment Risks: An Indian Perspective Dr. Kundan Kumar Rights and Resources Initiative 3 September 2015

Outline 1. Land Acquisition and Development: What does the available evidence say? 2. What is driving land conflicts? 3. Alternate scenario 4. What measures can be taken by investors and financial institutions to mitigate risks?

Owner Table 4.3, Economic Survey of India Top Reasons for Project Stalling Across Ownership (Adapted from Table 4.3 Economic Survey of India, 2014-15) No of Projects Top Reasons for Stalling Private 585 Unfavorable market condi?ons Lack of promoter interest Lack of Non-Environmental Clearance Government 161 Land Acquisi?on Problems Lack of Non-Environmental Clearance Lack of Funds

Land Acquisition Numbers 66 out of 804 stalled projects attributed to land acquisition issues (Nayak, 2015 based on RTI data from MOF) 41 (7%) out of 630 stalled private sector projects attributed to Land Acquisition Land acquisition issue remains relatively important for public sector (14% of stalled projects) Over exuberance and a credit bubble as primary reasons for stalled projects in the private sector (Economic Survey of India 2015, pp 70) 900 800 700 600 500 400 300 200 100 0 Land Acquisition as a reason of Stalled Projects (Nayak, 2015) All Private Government Total Stalled Projects Stalled due to Land Acquisi?on

LA Paradox Low incidence of stalling because of Land Acquisition disputes - runs against the conventional wisdom Land acquisition data refers only to acquisition of privately owned lands and doesn t count projects stalled due to public lands related issues The number and value of projects stalled due to public land related conflicts is very significant (in both numbers and value) but remains out of the frame No data available about such conflicts only inferences through proxy indicators like media reports triangulated with on-ground information from CSOs and other informers. Preliminary analysis of media reports indicates significance of conflicts on public lands

Public Lands Around 40% of India s land area Forest lands (70 mha) Non-forest rural public lands (revenue lands, pastures and grazing land, government wastelands, village commons) approximately 30 mha. (derived from NSS 54 th Round) Estimates on forest land dependence alone range up to 275 million (World Bank 2006) NSS Survey showed 48% of rural households reported dependence on common lands for various purposes Dependence of landless poor and tribals higher

Public Lands claimed/used as customary land Example Odisha and Chattisgarh : 60% of land area is public land Scheduled V districts have high public land percentage Poor Survey and Settlements and forest notification have ensured that large areas of land customarily claimed and used by communities has been notified as state forest or non-forest lands Legally state owned but de-facto used and claimed lands, including for agriculture Areas having large areas of public land: rich in resources with poor people

Public Land (forests) and Minerals Map (CSE): Major mineral deposits in districts overlapping with forests and other public lands Similar overlap with tribal areas

Acquisition of Public Lands Assumption- Sarkaari zameen Customary claims are ignored despite constitutional and legal provisions States transfers public lands without Gram Sabha Permission by: Ignoring provisions of FRA/PESA Major conflicts relate to public lands

Disputes linked to Public Lands Land disputes involving Public Lands (Media Reports 2014-15) Infrastructure Projects Mining & Minerals 120 100 80 60 40 Land disputes reported in 2014-15 Land disputes involving public Lands 102 36 36 26 20 0 Infrastructure Projects Mining & Minerals Land disputes reported in 2014-15 Land disputes involving public Lands

Major flagship projects affected by disputes related to public lands Most efforts to divert public lands has given rise to conflicts Niyamgiri, Odisha (Vedanta): proposed mining area claimed as customary land by Dongaria Kondhs Mahan, Madhya Pradesh: Forest land for mining claimed by local communities Jagatsinghpur, Odisha POSCO: Forest land under occupation for betel vines ) Most dams in North Eastern States and Himachal Pradesh Many more examples (Ganeshpur Coal Mines; Hansdeo-Arand Mines; Khandhadhar Iron Ore Mines; Maliparbat Bauxite mines; Samukha Tourist Project, Puri etc) None of these projects included in the Land Acquisition data provided by MOF (listed as others, lack of clearance)

Constitutional and legal safeguards for communities exist Forest Rights Act vests rights with tribal and forest-dwelling communities over at least half of India s forest land and provides for Gram Sabha consent - reiterated by Supreme Court Panchayat Raj Extension to Scheduled Area (PESA) requires prior consent for acquisition of land Not respecting these laws leads to litigation and conflicts: significant risk to investments/projects

Alternate Scenario Customary rights on public lands are recognized Gram Sabhas function and govern public lands How would land acquisition function Negotiation with Gram Sabha terms are offered- consent is taken Shared prosperity and fruits of development Resources are transferred In some cases, Gram Sabhas may refuse If suitable incentives, Gram Sabhas would agree and the investments will be secure In effect communities become the guarantor against the risk to the investment

Principles to be Followed Jurisdic?on and rights of Gram Sabha over public lands (including) forests need to be legally recognized FRA recognizes Community Forest Resource Rights over forests Similar frameworks can be developed for non-forest public lands at state level Free, Prior and Informed Consent (provided for in FRA, PESA and very par?ally in LARR 2013) Nego?ated agreement with the community

Investors and Financial Institutions Conflicts linked to land tenure are substantive and a major risk for investments delays and slippages Failure of investments Using forced acquisition backfires in form of conflicts- the costs can be much higher A large number of these conflicts are linked to public land claimed by local communities Litigation risks Reputational risks and impact on brand equity due to human rights violations and repression (ex. Vedanta Plc)

Suggestions for Financial Institutions and Investors Investors should follow emerging global standards (VGGT Guidelines) Land related risks need to be integral part of analysis by financial regulators Risk analysis and screens should ensure adherence to FPIC and negotiated settlements Make compliance of law of land (FRA, PESA) as a part of due diligence for financial investments.

www.rightsandresources.org Dr. Kundan Kumar Rights and Resources Initiative

Reasons for Stalled Projects by Value (For projects more than Rs 500 crores) Other Reasons Non-Environmental Clearances Environmental Clearances Land Acquisi?on 15% Lack of Funds Raw Material Supply Unfavorable Market Condi?ons Data Source: Business Standard, June 2, 2015 (based on analysis of MOF data) Lack of Promoter Interest

Substantial Public Sector Banks NPAs linked to land intensive project activities Infrastructure Steel, Cement and other mineral based industries Poses substantive risk to financial system Existing regulatory structure doesn t acknowledge potential landbased conflicts and human rights violations in projects funded by financial institutions