Sovereignty, Human Rights and the Global Land Grab

Abstract

The phenomenon of land grab in recent years has drawn the attention of various interests including international organizations, government and civil society. This is because of the speed at which such large scale acquisition are taking place, the nature of most deals and more importantly the unjustness in which most land deals do not take into consideration the right of the local communities and also small holder farmers. The era of globalization has made it impossible for nations to exist without engaging in some trade or contractual agreement with other state or private investor. States in legitimate exercise of their sovereignty attract foreign investors, but with such right is the responsibility to respect the investor and protect their interests. States also exercise their sovereignty through membership of international organizations, establishment of sovereign wealth funds and direct/indirect support to investors. States pursue commitments at these levels, usually in terms of their national interest. Human rights concerns and their protection guaranteed by numerous international legal instruments are a partial cause of the current trend in global land rush. Before the advent of human rights protection most land acquisitions were based on agreements between parties concerned or were based on the use of force. However, the Charter of the United Nations has frowned against unlawful threat or the use of force against any sovereign state. While land grabs are condemned because of the impact they have on the local population and the environment, it does not change the fact that most land deals are legitimate. It is therefore argued that human rights capture important dimension of the values that are at stake when we discuss or modify the land rights and land use of women, men and children and their should be the focus of states and international organizations in addressing the issue of land grabs.