Varieties of Land Grabbing and Resistance in Burkina Faso

According to the Oxford English Dictionary, the term coalition comes from the Latin coalescere or ‘coalesce’, meaning “come or bring together to form one mass or whole”. Coalesce refers to the unity affirmed as something grows: co – “together”, alesce – “to grow up”. While coalition is commonly associated with formalised alliances and political strategy in the name of self-interest and common goals, this paper will draw as well on the broader etymological understanding of coalition as “growing together” in order to discuss the Australian government’s recent changes to land rights legislation, the 2007 Emergency Intervention into the Northern Territory, and its decision to use Indigenous land in the Northern Territory as a dumping ground for nuclear waste.

Soil is something that is very important for human life. Matters related to land require legal certainty for holders of land rights through a land registration activity. However, there are still problems in the land sector, namely the occurrence of land grabbing, so that the government makes legal rules which include criminal sanctions, such as land grabbing. in the Criminal Code is still too narrow, especially usurpation. Based on the legal issues, it is narrowed down in the formulation of the problem, namely: What are the forms of criminal acts in the land sector? How is the formulation of criminal law in dealing with crimes in the land sector? The term occupying is considered more appropriate, because the land is large and not just a yard as in Article 167 of the Criminal Code concerning land grabbing. Articles 263, 264, 266, of the Criminal Code are falsification of land rights documents, Article 385 of the Criminal Code contains elements of embezzlement of rights to immovable objects. The formulation is able to provide legal protection for individual land rights, legal entities, as well as for customary land or customary rights as long as the law or the community still adheres to the customary law applicable in their environment. Of course, this is driven by the mandate contained in Article 18 letter B of the 1945 Constitution. The objectives to be achieved are to describe the forms of actions that constitute criminal acts in the land sector and to find formulations of criminal law in dealing with crimes in the land sector.

This book examines the global scope of tourism-related grabbing of land and other natural resources. Tourism is often presented as a peaceful and benevolent sector that brings people from different cultural backgrounds together and contributes to employment, poverty alleviation, and global sustainable development. This book sheds light on the lesser known and much darker side of tourism as it unfolds in the Global South. While there is no doubt that tourism has been an engine of economic growth for many so-called developing countries, this has often come at the cost of widespread dispossession and displacement of Indigenous and non-indigenous communities. In many countries of the Global South, tourism development is increasingly prioritised by governments, businesses, international financial institutions and donors over the legitimate land and resource rights of local people. This book examines the actors, drivers, mechanisms, discourses and impacts of tourism-related land grabbing and displacement, drawing on more than thirty case studies from Latin America and the Caribbean, sub-Saharan Africa, South and Southeast Asia, the Middle East and the Southwest Pacific. The book provides solid grounds for an informed debate on how different actors are responsible for the adverse impacts of tourism on land rights infringements, what forms of resistance have been deployed against tourism-related land grabs and displacement, and how those who have violated local land and resource rights can be held accountable. Tourism, Land Grabs and Displacement will be essential reading for students and scholars of land and resource grabbing, tourism studies, development studies and sustainable development more broadly, as well as policymakers and practitioners working in those fields.

Sheikh Saudi and Ethiopia, Arabia, Mohammed where spends Hussein he his was time born Ali shuttling Al in a Amoudi, village between 64 a years citizen Riyadh ago. of Sheikh Saudi A abia, spends his time shuttlin between Ri adh d Ethiopia, where he was born i a village 64 ye rs ago. The son of a Yemeni father and Ethiopian mother, Al Amoudi boasts an estimated net worth of $10 billion. He is the richest Ethiopian and, according to Forbes, the 64th richest man in the world. Fortyfive years ago, he emigrated to Saudi Arabia and built his fortune in oil refineries and the booming construction industry. But Al Amoudi never lost touch with his homeland. In fact, Ethiopian real-estate has become a key part of his burgeoning portfolio. In 2009, Al Amoudi's company, Saudi Star Agricultural Development, signed long-term leases for nearly 25,000 acres in the country's northeastern regional state, Gambella, to produce

As Easy as Stealing Sweets from a Child? Investigating Land Grabbing from Orphans in Pallisa, Rural Eastern Uganda

Since the global crises in the 2000s, many foreign and domestic actors have acquired large tracts of land for food and biofuel crop cultivation and other purposes in Africa, often leading to the displacement of the African people living on customary land. The weak customary land rights of ordinary African people have been viewed as one of the main factors making it possible for various land-grabbers to exploit customary land with different purposes. However, it would be insufficient to conclude that the weak customary land rights are the only factor leading to land grabbing in Africa as such land rights give the inheritors the rights to use the land permanently. Therefore, the main objective of this research is to identify a more specific factor leading to land grabbing in Africa, which this article refers to as a ‘land-grabbing-friendly legal environment’. To achieve the main goal, by considering the case of Zambia, this research aims to: (1) analyze the main areas and regions where land grabbing occurs in Zambia and the land-grabbers involved; and (2) analyze the main uses of customary land and changes in tenure systems applied to customary land from the colonial era up to the present day, through a legal history research approach. The main findings of this research are as follows: (1) land-grabbing incidences have often been linked to the government-led agricultural program, involving both internal and external land-grabbers, and (2) the creation of the dual-tenure system during the colonial era and its continuation to the present day have led to the poor financial status of ordinary Zambians living on customary land, contributing to their weak customary land rights. By examining the main results, this research concludes that it is crucial for the Zambian government to bring about reasonable fees for land-titling registration for the ordinary Zambians living on customary land, as well as to separate development aspects from land laws. These steps will strengthen the land rights of the ordinary Zambians and prevent land grabbing.

The Indonesian government has alternately ignored and respected the customary land rights of local people in its land policies since colonial times. Since the start of democratisation at the end of the 1990s, the trend to uphold customary land rights has become apparent at the national level. This study examines their status in the field, using the case of land grabbing on Padang Island, Riau Province, Indonesia. The findings include the company’s continued practice of purchasing land areas from local people at a lower price, not as compensation, because the company has not yet recognised the customary land rights. However, the local people contest the negotiation for a higher price through the newly introduced transparent practice of land transactions, involving village officers. The recommendation by the Mediation team to respect customary land rights is thus still a work in progress.

The enforcement of criminal law in tackling business crimes related to the illegal transfer of land rights must be carried out comprehensively through regulatory strengthening, capacity building of law enforcement officers, digitalization of land administration, and community empowerment in monitoring and reporting to ensure legal certainty and prevent land mafia practices that harm public interests. The purpose of this study is to analyze the role of criminal law in addressing business crimes in the agrarian sector, particularly in cases of unlawful transfer of land rights, and to identify efforts to optimize the enforcement of criminal law to enhance the effectiveness of eradicating such crimes. This study employs a normative legal research method with a statutory, conceptual, and case approach to analyze regulations and the application of criminal law in combating business crimes in the agrarian sector, particularly the unlawful transfer of land rights, through literature review and descriptive-analytical qualitative analysis. The research findings indicate that criminal law plays a crucial role in addressing business crimes in the agrarian sector, especially the unlawful transfer of land rights, by imposing strict sanctions on perpetrators and implementing preventive measures such as strengthening digital-based land administration systems and increasing transparency in land certificate issuance. These crimes often involve document forgery, land grabbing, and abuse of authority by officials, making regulations such as the Basic Agrarian Law (UUPA), Articles 263 and 266 of the Criminal Code (KUHP), and the Law on the Eradication of Corruption Crimes essential instruments for legal action. Optimizing criminal law enforcement must be carried out comprehensively through regulatory revisions, capacity building for law enforcement officers, and community empowerment in preventing and reporting agrarian crimes. The government must also strengthen the Land Mafia Task Force and promote the digitalization of land administration to reduce opportunities for document forgery and manipulation. With this strategy, the legal system is expected to be more effective in tackling agrarian business crimes and ensuring legal certainty and justice in land management in Indonesia

Corporations or business actors have an important role in increasing economic development, but in practice these corporations or business actors often commit business crimes that harm the community by means of intimidation and criminalization to seize land or land rights owned by the community. The purpose of this research is to combat corporate crime that intimidates and criminalizes land grabbing through Strategic Lawsuit Against Public Participations (SLAPP). The approach method used is normative juridical, by presenting data analysis in a descriptive-qualitative manner. The result of this research is that: (1) Land Grabbing relating to the factors of the occurrence of the financial crisis, food crisis, energy crisis and global climate crisis; (2) The mode of appropriation of community land is carried out through use action RELAX to silence and stop public participation; and (3) Application of Anti Strategic Lawsuit Against Public Participations (SLAPP) provide legal protection against resistance to public participation in defending their land rights.

This study analyzes the regulations of the Land Bank Agency as stipulated in Law Number 6 of 2023 and Government Regulation Number 64 of 2021, and the implications of the Land Bank Agency's policies on indigenous peoples' land rights to land grabbing practices. The research method used is normative legal research with a statutory approach and a conceptual approach. The results of the study show that the Land Bank Agency has a function in planning, acquiring, procuring, managing, utilizing, and distributing land, including granting land use rights, building use rights, and use rights for a certain period of time. Land that can be controlled by the state through the Land Bank Agency includes various types of land, ranging from former land rights, abandoned areas, to land affected by changes in spatial planning. The impacts of the Land Bank Agency's policies on indigenous peoples include the loss of traditional rights to land, conflicts with the authorities, reduced sources of indigenous life, and providing convenience for foreign company investment. The conclusion in this study is that there is concern that the implementation of the Land Bank Agency Government Regulation can result in land grabbing practices that are detrimental to indigenous peoples. The inconsistency of the 1945 Constitution of the Republic of Indonesia, MPR Decree Number IX/MPR/2001, the Job Creation Law, and the Land Bank Agency Government Regulation indicates a conflict of norms that are detrimental to the public interest and public welfare. Therefore, reformulation of the Land Bank Agency PP policy is needed to pay attention to the rights of indigenous peoples and ensure fair benefits for all levels of society.Keywords: Land Grabbing, Land Bank Agency, Indigenous Peoples AbstrakPenelitian ini menganalisis regulasi Badan Bank Tanah sebagaimana diatur dalam Undang-Undang Nomor 6 Tahun 2023 dan Peraturan Pemerintah Nomor 64 Tahun 2021, serta implikasi kebijakan Badan Bank Tanah terhadap hak atas tanah masyarakat adat terhadap praktik perampasan tanah. Metode penelitian yang digunakan adalah hukum normatif dengan pendekatan perundang-undangan dan pendekatan konseptual. Hasil penelitian menunjukkan bahwa Badan Bank Tanah memiliki fungsi dalam merencanakan, memperoleh, mengadakan, mengelola, memanfaatkan, dan mendistribusikan tanah, termasuk memberikan hak guna usaha, hak guna bangunan, dan hak pakai untuk jangka waktu tertentu. Tanah yang dapat dikuasai oleh negara melalui Badan Bank Tanah meliputi berbagai jenis tanah, mulai dari tanah bekas hak, tanah terlantar, hingga tanah yang terkena perubahan tata ruang. Dampak kebijakan Badan Bank Tanah terhadap masyarakat adat antara lain hilangnya hak ulayat atas tanah, konflik dengan penguasa, berkurangnya sumber kehidupan masyarakat adat, dan memberikan kemudahan bagi investasi perusahaan asing. Kesimpulan dalam penelitian ini adalah adanya kekhawatiran bahwa penerapan Peraturan Pemerintah Badan Bank Tanah dapat mengakibatkan praktik perampasan tanah yang merugikan masyarakat hukum adat. Ketidakkonsistenan Undang-Undang Dasar Negara Republik Indonesia Tahun 1945, Ketetapan MPR Nomor IX/MPR/2001, UU Cipta Kerja, dan Peraturan Pemerintah Badan Bank Tanah mengindikasikan adanya pertentangan norma yang merugikan kepentingan umum dan kesejahteraan masyarakat. Oleh karena itu, reformulasi kebijakan PP Badan Bank Tanah diperlukan untuk memperhatikan hak-hak masyarakat hukum adat dan memastikan manfaat yang adil bagi seluruh lapisan masyarakat.Kata Kunci: Perampasan Tanah, Badan Bank Tanah, Masyarakat Adat

Despite the constitutional and legislative guarantee to land in Uganda, customary land tenure seems to suffer from inadequate legal protection, a situation that is analogous to that in the colonial and the immediate post-independence era. This article critically examines the normative content of the constitutional and legislative right to land in Uganda and argues that the customary land right is not adequately protected as the other categories of land tenure, in which land is owned and legally recognised in Uganda. It also serves to illustrate that the inadequate protection of customary land rights is analogous to the situation in the colonial and immediate post-independence era, and that weak customary land rights could be susceptible to the occupants’ deprivation during land grabbing. There is a need to address this situation in order to holistically ensure and promote an effective land governance regime that respects and protect customary land tenure.

Ordinary Malawians who live in customary land have been suffering from land grabbing due to their weak and ill-defined land rights. Although Malawi has experienced a number of land reforms that should have contributed to strengthening customary land rights, many people in customary land still suffer from land grabbing. Accordingly, it is important to understand the factors that lead to land grabbing in customary land in Malawi. Thus, by looking at the overview of land laws and policies throughout history, this study has two aims: (1) to analyze the historical changes in the meaning and position of customary land in Malawi and (2) to analyze the land grabbers in Malawi before, during, and after the colonial era. In order to achieve the main goals, this research mainly analyzes land laws and policies connected to customary land in Malawi. The main findings of this research are that (1) the meaning of customary land changed before and after the colonial period, but little has changed between the colonial period and the present. Since the creation of land laws during the colonial period, the land rights of the people who live in customary land have not been secured, and (2) the land grabbers changed from the British colonial rulers and European settlers to the Government of Malawi. Further, with the recent land laws, such as Land Act 2016 and Customary Land Act 2016, wealthy Malawians may become new land grabbers who can afford to obtain the customary estate grants. By examining the main results, it was found that from the colonial period until the present, customary land has been vulnerable to land grabbing as its weak position still resembles that of the colonial era. Thus, Malawi appears to face significant challenges in amending its customary land laws for the benefit of the poor.

This paper reflects upon the role of law in the contemporary surge in global large-scale land acquisitions. Its point of reference is the land security of several billion rural poor who traditionally own and use untitled lands that are classified as state lands or unowned public lands in national laws. Most of the affected lands are off-farm areas including forests, marshlands, and rangelands. Investors target these lands in belief they are unowned. Governments concur, selling or leasing these lands on grounds of being technically the lawful owner and despite awareness that these lands are occupied and used. Despite the longstanding nature of such conflicts as well known and long debated, the present land rush brings unresolved contradictions between statutory and customary law and associated meanings of property firmly to the fore. Using Sub-Saharan Africa as the example, this paper examines the legal effects. It is shown that while millions of local land rights are threatened, the land rush also vitalises demands for improved national law status for unregistered customary rights, including those such as forest and rangelands purposely held by communities in common. To this extent, the contemporary rush could prove as much legal friend as foe to majority land rights in agrarian economies. This is partly because the current rush, unlike those that have gone before it, occurs in an environment of advanced popular communication, emergent mass empowerment, and has the advantage of a pre-rush era of legal improvement in the handling of indigenous and customary land rights that has established alternative precedents. Opportunities to coerce modification of classical dispossessory paths of economic growth strongly exist. Global advocacy for secure community land rights is rapidly advancing.

The importance of soil for human life so it is not surprising if every human being wants to own or control it which results in the emergence of various land problems or land conflicts in Indonesia. Land grabbing cases that have occurred in Indonesia are not something new. The word sequestration itself can be interpreted as: the act of taking rights or property arbitrarily or with not heeding laws and regulations, such as occupying land or houses others, to which they are not entitled. Land grabbing action illegal is an act that is against the law under civil law. The objectives of this study are (1) How to regulate ownership disputes land based on the Civil Code Law, (2) What are the considerations? judges in land ownership disputes in PN No.112/Pdt.G/2017/PN Lbp. Normative juridical research is defined as research law that puts the law as a building system of norms. Sources of data used in this study sourced from primary data and secondary data. This study uses data collection techniques in the form of documentation studies by only analyzing written legal materials. Analysis the data in this study using data analysis research methods qualitative. The results of this study are, Dispute Arrangements Land Ownership Based on the Civil Code, for rights property is arranged in Article 16 of Law No. 5 of 1960 concerning The Basic Agrarian Law concerning hereditary rights, the strongest and most fulfilled and Article 1866 of the Civil Code as well as Article 23 and Article 24 of PP 24/1997 which regulates the proof of land rights for the purposes of registration of land rights. The judge's consideration in deciding that it is true that there has been land grabbing by the Defendant I over the land the inheritance of the plaintiff's parents is due to the evidence of an act, the act is against the law, there is a loss caused by actions taken and it has been proven that there has been a transfer of land rights.

Transforming Adversary to Ally: Mobilizing Corporate Power for Land Rights