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Overlapping Land & Resource Rights in Africa

Overlapping Land & Resource Rights in Africa. Gaia Larsen World Resources Institute. Africa Biodiversity Collaborative Group (ABCG). Problem. Conflict from overlapping land & resource rights. Research. 2 S ectors 4 Countries 5 Issues. Research. 2 Sectors 4 Countries 5 Issues.

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Overlapping Land & Resource Rights in Africa

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  1. Overlapping Land & Resource Rights in Africa Gaia Larsen World Resources Institute Africa Biodiversity Collaborative Group (ABCG)

  2. Problem Conflict from overlapping land & resource rights

  3. Research 2 Sectors 4 Countries 5 Issues

  4. Research 2 Sectors 4 Countries 5 Issues • Ownership & Control • Notification & Consent • Licensee Authorities • Landholder Rights • Compensation

  5. Results Ownership & Control • State property • Private land open to operations

  6. Results Notification & Consent • Govts not required to notify or have consent • Licensees must notify; some require consent

  7. Results Licensee Authorities • Broad authorities to conduct operations • Can acquire exclusive use of private land

  8. Results Landholder Rights • Some provide use rights, but cannot interfere • Improvements require consent of licensee

  9. Results Compensation • For losses, damages or disturbances • Some offer various forms of compensation

  10. Hierarchy Land vsNR Rights • NR rights trump land rights Petroleum vsMineral Rights • New NR rights holder cannot interfere with prior holder • Petroleum rights supersede other NR rights

  11. Policy Options • Increase bundle of land rights to include NR rights • Restrict/extinguish PRs only for genuine public purposes • Strong social & env safeguards, including FPIC • Landholders can require licensee to acquire all land • Fair, prompt compensation; share of royalties option

  12. Policy Options • Increase bundle of land rights to include NR rights • Restrict/extinguish rights only for genuine public purposes • Strong social & env safeguards, including FPIC • Landholders can require licensee to acquire all land • Fair, prompt compensation; share of royalties option

  13. Policy Options • Increase bundle of land rights to include NR rights • Restrict/extinguish rights only for genuine public purposes • Strong social & environmental safeguards, including FPIC • Landholders can require licensee to acquire all land • Fair, prompt compensation; share of royalties option

  14. Policy Options • Increase bundle of land rights to include NR rights • Restrict/extinguish rights only for genuine public purposes • Strong social & environmental safeguards, including FPIC • Landholders can require licensee to acquire exclusive use • Fair, prompt compensation; share of royalties option

  15. Policy Options • Increase bundle of land rights to include NR rights • Restrict/extinguish rights only for genuine public purposes • Strong social & environmental safeguards, including FPIC • Landholders can require licensee to acquire exclusive use • Fair, immediate compensation; share of royalties option

  16. THANK YOU VIDEO: http://insights.wri.org/news/2013/04/without-land-what-would-farmer-do.

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