Land Matters: Dispossession and Resistance November 2015 Poverty is an outrage against humanity. It robs people of dignity, freedom and hope, of power over their own lives. Christian Aid has a vision – an end to poverty – and we believe that vision can become a reality. We urge you to join us. christianaid.ie

Lead authors: Sarah Hunt and Karol Balfe. With contributions from Eric Gutierrez, Gaby Drinkwater, William Bell, Julie Mehigan, Hanan Elmasu, Thomas Mortensen, Catalina Ballesteros Rodriguez, Alexia Haywood, Ezekiel Conteh, Kato Lambrechts, Nadia Saracini, Chiara Capraro, Gaby Drinkwater, Roisin Gallagher, Oliver Pierce and Alix Tiernan.

With special thanks to Frances Thompson, Robin Palmer, John Reynolds, Shane Darcy, Fionnuala Ni Aolain, Rachel Ibreck and Edward Lahiff.

Special thanks also to Mary Kessi, Sinead Coakley, Anna Flaminio and Mara Lilley.

Cover photo: In October 2012, 60,000 people, mainly dalits and tribal Indians, started a 300km non-violent land rights march from Gwalior to Delhi. The aim: to ask the Indian government to create and implement a new land reform policy to guarantee access to land and livelihood resources for all, regardless of wealth or caste. 8 days in, the Indian government agreed to the marchers’ demands. The march was organised by Christian Aid partner Ekta Parishad over four years. Photo: Christian Aid / Sarah Filbey Contents

4 Some concepts defined

6 Introduction 6 The focus of this report 8 Why land matters for development 9 Power dynamics and politics 10 Persecution, conflict and violence 11 Responses to evictions and land deals

12 Aims, methodology and structure

14 The response to dispossession

18 Case studies 18 Angola 24 Colombia 31 Sierra Leone 37 The occupied Palestinian territory (OPT)

43 Dispossession and resistance in other countries where Christian Aid works

49 Findings

49 Resistance in the case study countries 53 Lessons for resistance to dispossession

55 Endnotes

Land Matters: dispossession and resistance 3 Some concepts defined

Land reform: There are competing concepts in relation Land tenure: Land tenure systems are rules invented by to the understanding of land reform. It can refer to a broad societies to determine who can use what resources, for range of changes in law, policy or practice related to land. how long, and under what conditions. They define rights In the post-colonial era many governments in the global to use, control, and transfer land, as well as associated south attempted to address historical distortions of large responsibilities and restraints. Land tenure is largely privately owned land-holdings and introduce redistributive regulated through national law but, in practice, rural citizens reforms. Many of these policies are now being reversed often acquire land through customary tenure. There are as governments and international development agencies different forms of land ‘ownership’, a number of which support the acquisition of large expanses of land by either fall under ‘land tenure’ definitions. Security of tenure is a domestic or international corporations- often in the name of broader concept where a person/ household/ company may development. Typically today land reform is related to more not ‘own’ the land but have certain rights in connection to market based reform. Much of these reforms had their the land. foundation in the structural adjustment programmes of the 1980s, which promoted market-driven enclosure in some Security of tenure: This is the set of relationships that regions and the privatisation of state farms in others.1 enables a person to live in their home or access their land in security, peace and dignity. The United Nations Special Formalization and titling (usually individual) private property Rapporteur on adequate housing has noted that it should on a large scale is deemed necessary by mainstream include diverse forms of tenure such as: possession rights, development agencies, such as the World Bank and is use rights, rental, freehold and collective arrangements- thus widely promoted today. The underlying assumption is and that it is integral to the right to adequate housing and that poverty reduction will occur as a result of economic, necessary for the enjoyment of other human rights.4 There market driven development. However issues around titling is much critique of formalization and titling programmes as of land and registration as part of law reform or policy are a way of creating security of tenure which fail to understand highly contested. Opponents argue that they fail to factor political dynamics of change in land in practice.5 in political, social and communal relations and may actually undermine economic and social security.2 Access to land: With this can come access to food, housing and development, while lack of access to land can Land management/ land governance (or land policy): bring economic insecurity. Customary rights to access land National laws, policies and customs determine how land in indigenous societies are often granted by community is managed, used, controlled and transferred. Legally, leaders and based on ancestral clearance and occupation of land management is subject to land and property laws, the land. land-tenure agreements or planning regulations. While they may be referred to as ‘pro-poor’, these policies are Displacement: The displacement of people refers to usually viewed by the World Bank and others as technical the forced movement of people from their locality or or administrative issues rather than necessarily relating to environment and occupational activities. It is a form of the process of democratising access to and control over social change caused by a number of factors, the most wealth and power. The outcomes of land policies tend to common being armed conflict. Natural disasters, famine, be measured exclusively in economic terms rather than development, and discriminatory laws and economic in terms of ‘deepening democracy’ or changing power changes may also be a cause of displacement.6 dynamics.3 The United Nations Education, Scientific and Cultural Cadastral systems: These are state maps and records of Organisation outlines two types of population displacement land ownership. Most countries have some form of land from development: direct displacement, which leads to registration. actual displacement of people from their locations and indirect displacement, which leads to a loss of livelihood.7

4 Land Matters: dispossession and resistance Dispossession: This is the action of taking away someone’s property or land, whether through state- sanctioned legal mechanisms or illegally.

Forced eviction: This is the permanent or temporary removal of individuals, families and/or communities from their homes and/or land, against their will, without their having appropriate legal or other protection. Forced evictions can lawfully be carried out only in exceptional circumstances, in accordance with domestic laws and international human rights law. All possible alternatives must be explored first, in consultation with those affected. Where, in exceptional circumstances, a forced eviction is to take place, adequate notice and information must be provided prior to the eviction. Furthermore, resettlement must be as close as possible to the original place of residence and source of livelihood, and of equal or better quality to the original habitation. In addition, all components of the right to adequate housing must be provided.8

Human rights and land: Indigenous people enjoy a right to their ancestral lands, territories and resources and a right to decision-making affecting these lands, as set out in the International Labour Organisation Convention No.169 and the United Nations Declaration of the Rights of Indigenous People.

There is no universal right to land, but the International Covenant on Economic, Social and Cultural Rights and the Convention on the Elimination of All Forms of Discrimination against Women make explicit references to the right to food and an adequate standard of living (including housing) and the rights of rural women, respectively.9

The Special Rapporteur on the right to adequate housing has urged States to ensure that people without an officially recognised tenure status are not denied basic services and facilities.

Land Matters: dispossession and resistance 5 Introduction

The focus of this report By end-2014, 59.5 million individuals were forcibly displaced worldwide as a result of persecution, This report seeks to contribute to greater conflict, generalised violence, or human rights understanding of how people respond to and resist violations. This is 8.3 million persons more than land dispossession. Regardless of the context or the year before (51.2 million) and the highest mechanisms of dispossession, victims face common annual increase in a single year.10 experiences of marginalisation and the failure to respect human rights. The statistics for internally displaced people do not include The experiences in the countries where Christian Aid works people who have been displaced for reasons of development. show the full range of concerns related to land: from forced As such the nature, drivers and extent of development- evictions for urban regeneration and land reallocation (Angola, induced displacement are difficult to quantify. However, Brazil, Colombia, South Africa and Israel and the occupied UN Habitat estimates that 15 million people are forced Palestinian territory (OPT), large-scale land acquisitions to leave their homes and land every year to make way (Angola, Brazil, Sierra Leone, Colombia), oppression, control for development and business projects,11 including urban and violent land usurpation (Colombia and OPT) and overall construction and large-scale land acquisitions. land governance issues in all cases. Since the early 1990s there has been a profound shift The intention of this report is not to draw parallels between towards governments looking to the private sector to attract these vastly different contexts; rather it seeks to examine foreign investment and to play a critical role in the promotion resistance to these dispossession and displacement. As of economic development. This shift was forcibly reinforced illustrated by the case studies in this report, dispossession by the World Bank led structural adjustment conditions which can take many forms: from violent and illegal means to required indebted governments to free up the market in land, evictions or expropriation carried out by the State with the re-launch titling programmes, open their doors to foreign land backing of the law. ownership and remove any impediments to the emergence of large scale farming.12 Indeed dispossession is a major cause of concern across the world. It is often, although not always, accompanied by In January 2013, Christian Aid helped to launch the ‘Enough forced displacement. Food for Everyone IF’ campaign to make progress towards ending global hunger. One focus of the campaign was to People uprooted by conflict and natural disaster risk losing ensure fair and sustainable use of land in order to contribute the land they leave behind, where it may be opportunistically to food security, and growth and development. Specifically, occupied by others, or where land acquisition was a direct the campaign asked the G8 (now the G7 after the imposing of motivation for uprooting people in the first place. sanctions against Russia) for improvements in the governance of large-scale land acquisitions, in particular from the private In virtually all countries there is a legal concept of ‘public sector, and called for an end to damaging biofuels policies.13 purpose’ which enables governments to take privately held land for projects in the public interest. However Large-scale land acquisitions are not a new phenomenon, but public interest can be poorly defined. Displacement and since the global food crisis of 200814 a growing trend – the dispossession may serve particular economic interests outsourcing of agricultural production – has made them a or be part of wider government initiatives such as urban matter of concern to NGOs, peasants’ movements and other regeneration, infrastructural, mining or agricultural investment civil society actors. Typically, contracts for such outsourcing programmes. Displacement therefore may be ‘development are on long leases (between 50 and 99 years) and involve induced’ in order to facilitate the re-designation or transfer of acquisitions in excess of 10,000 hectares.15 Such deals are land use and ownership for development purposes. charged with bringing disproportionate benefits to foreign investors and multi-national corporations.

6 Land Matters: dispossession and resistance Governments in developing countries are actively promoting Within these marginalised groups that are affected, women large-scale land acquisitions as a developmental strategy, but often face additional vulnerabilities, particularly given the the benefits are hotly disputed and feed in to bigger debates extent of statutory and other forms of discrimination which about development. Detailed, accurate data is difficult to often apply in relation to the property rights of women, obtain but needed to be able to argue against any potential including home ownership and rights of access to property, negative effects.16 Together, the commercial pressures on and given the particular vulnerability of women to acts of agricultural land and the consequences of large-scale land gender based violence and sexual abuse when they are acquisitions that lack transparency and consent have led the rendered homeless.20 UN Special Rapporteur on the right to food to highlight grave threats to human rights, in particular the right to food.17 In some countries, inhabitants of informal settlements have been cleared off the land – often with no consultation, The debate over large land deals has especially focused prior warning or entitlement to compensation. Frequently, on agricultural projects, but land deals also result in the people are removed from their homes, often violently, for exploitation of oil and mining activities. Governance the sake of urban development and state-led policies for land in the extractive industry sector has been notoriously reallocation. Indeed, the UN has stated that forced evictions weak and corrupt in developing countries18 and needs to represent a ‘gross violation of human rights’, and in 2007 the be considered as a driving force behind dispossession. Special Rapporteur for adequate housing developed basic principles and guidelines to assist states and the international Forced evictions are a particular type of displacement that community in significantly reducing the practice of forced are particularly relevant to the countries in this report. Every evictions. 21 year, millions of people around the world are threatened by eviction, or are forcibly evicted, often leaving them homeless, While not all changes in land use result in dispossession landless, and living in extreme poverty and destitution. when it does occur dispossession can have devastating Forced evictions commonly result in severe trauma and often consequences; a reduction of food security; environmental set back the lives of those that are already marginalised or damage; loss of livelihoods and educational opportunities; vulnerable in society.19 lack of access to adequate housing; social polarisation, exacerbation of unequal gender relations and political instability. It may also devastate communities in social, historical and cultural ways.

The effects of displacement are particularly negative for the poor. For example, according to the United Nations: 22

As a result of forced evictions people are often left homeless and destitute, without means of earning a livelihood and, in practice, with no effective access to legal or other remedies. Forced evictions intensify inequality, social conflict, segregation and invariably affect the poorest, most socially and economically vulnerable and marginalized sectors of society, especially women, children, minorities and indigenous Angola, February 2013. A barbed wire fence marks the peoples. boundaries of a farm in Huila province, south west Angola. In the last 15 years or so, large areas of fertile land, which had once been the territory of nomadic pastoralists and their herds, have been “grabbed” by a new wealthy class of land owners. Photo: Christian Aid / Lilly Peel

Land Matters: dispossession and resistance 7 Christian Aid has argued that governments should only offer Why land matters for development tax incentives on the basis of agreed and transparent criteria – including adequate environmental, social and economic cost/ Seventy per cent of the world’s nearly 1 billion hungry people benefit analysis – and should publish tax expenditures as part are smallholder farmers and the rural landless.23 However of their budgets. understanding of what land means for those experiencing poverty is often more complex, it is not only issues of Gender matters in the organisation of land and labour for access to land but also about access to production of food, rural production in developing countries.29 It is crucial to the quality of nutrition or access to the means to create a recognise the impact that changes in agricultural production livelihood. In certain circumstances, land may be an essential such as large-scale land acquisition, forced evictions element for improving living conditions and securing food. and dispossession have on gender relations. Women’s Particularly for smallholders or agricultural workers, herders, rights worldwide have been threatened with land tenure artisanal fisher men and women indigenous communities — changes, through both large-scale projects and traditional access to land is a condition for the achievement of a decent titling programmes. Where customary use of land prevails, standard of living.24 Access to land affects the right to food, privatisation tends to concentrate land in the hands of those secure housing, water, health, work and an adequate standard who can successfully assert ownership, such as community of living. Land can be viewed as a complex mix of livelihood leaders and male heads of households.30 sources instead of a sole source of livelihood. 25 Lack of security in relation to land and forced evictions from land can Extensive research on unequal gender relations, put the right to adequate housing at risk.26 including Christian Aid’s,31 shows that women often have less access to tenure systems than men,32 and Land is not just a source of economic production and men and women play distinct roles in how they use the housing but also a basis of historic social relationships, land. When land changes ownership as part of a large- cultural and spiritual values and belonging; a source of scale acquisition, reports show that women are often identity, connection, prestige and often power. 27 excluded, and suffer particular negative impacts of no longer having access to the land and the food and water Alongside this, the right to self-determination and to freedom it provides. of movement may be violated when marginalised people, or those living under occupation, are not allowed to govern When investors buy ‘free land’, women can be autonomously their natural resources such as land, particularly disproportionately affected because they may be farming when they depend on it for survival.28 land without a formal title. Also, when communities are displaced the burden of collecting water and firewood, usually Land is linked to governance issues in any country and how on women, increases. For both men and women, land deals power and resources are distributed. Land also relates to may offer new job opportunities in large-scale agricultural how tax is raised and administered. Tax has the potential to production, but these are highly differentiated by type of be the most reliable source of long term sustainable income labour and wages. for developing countries. A fair and progressive national tax system can deliver redistribution of wealth, curb inequalities and ensure everyone benefits from economic development. However, the current reality is very different.

In developing countries tax revenues are often too low; and too often those most able to contribute much needed tax revenues are failing to pay their share while the poor carry a disproportionate tax burden. While growing inequality in income and land ownership risk fomenting conflict, large- scale land acquisitions deals are frequently done without securing much needed tax revenue for developing countries because of the application of tax incentives.

8 Land Matters: dispossession and resistance Assumptions that displacement of people from land is an Power dynamics and politics inevitable consequence of conflict, or necessary for the ‘development’ of economies or a by-product of disasters, The underlying nature of governance and politics in can ignore the politics and power that lie behind agendas any country sets the context for land management to use land to benefit some over others.39 The distinction decisions, some of which result in forced evictions and between different types of displacement is not always clear unethical land deals, the consequences of which can – displacement occurring in the midst of conflict may, of significantly affect marginalised groups. Such decisions course, be systematically planned and have the veneer of can expose the institutional weaknesses and tensions legality, while so-called ‘development induced’ displacement between a state and groups in society, and among may be chaotic, violent and unjust.40 groups. Legally secure tenure is viewed by many as an essential The power imbalances that come into play around land mean element of the right to adequate housing.41 Land titling that poor people’s rights are often at risk. These power and formalisation (demarcating boundaries, registering imbalances on land can perpetuate gender inequality. ownership of plots through a land cadastre and relying on legal enforcement mechanisms) are put forward as a means In many countries, access and rights over lands are based to enhance security of tenure, and in principle to act as a on hierarchical, patriarchal and segregated systems in which safeguard against arbitrary or violent seizures of land by state, the poor, less educated and a majority of women do not hold corporate or other interests. security of land tenure. The Special Rapporteur on adequate housing has highlighted how discrimination on the basis of The core claim that land titling can make the poor richer has sex exists under all types of land tenure systems. Patriarchal been a central motivation for land titling programs in the global laws, attitudes and customs affect the governance of land in south.42 Because of conflict, informality and customary use many societies leading to the exclusion and marginalisation of land, establishing security of land tenure in developing of women in particular.33 Recent laws in some countries34 countries is complex. Even where there are records, they have paid greater attention to gender equity by embracing rarely capture how people depend on the land. Crucially the principle of non-discrimination, abrogating customary also the process of formalizing security of tenure can be norms, presuming joint ownership of family land, outlawing heavily politicised and systems of private property may be land sales without the consent of both spouses and providing inappropriate for certain cultures. By giving legal recognition for women’s representation in land-management bodies. to existing land arrangements, historical injustices- notably However, implementation is constrained by entrenched from previous dispossession- can be affirmed. cultural practices, lack of legal awareness and limited access to courts.35 Legal security of tenure is no guarantee of economic security or reform to address previous injustice. Legal titles are also Control and access to land has historically been an no guarantee against dispossession and may inadvertently instrument of oppression and colonisation. Colonial periods encourage processes that contribute to dispossession by were characterised by a ‘land rush’, in which vast areas of formalising property rights and therefore encouraging land land were acquired by colonial governments, and also by to be used as collateral or sold, or land can be seized at the foreign or domestic corporations.36 Christian Aid research moment of titling due to competing claims and common on inequality in Latin America and the Caribbean highlights property can be transformed into private property.43 how progressive land reform is persistently resisted by elites, underlining the obstacles faced by the poor.37 In settings marked by a high degree of inequality and power imbalances between social classes they are likely to benefit Development is a political process of negotiation, conflict local elites over the rural poor.44 resolution and management of vested interests. It is about the way people organise their political, economic and social systems to determine who has the right to use which resources, for which purposes, under which conditions, and for how long.38

Land Matters: dispossession and resistance 9 State cadastral systems – maps and records of land ownership – are at best partial, and at worst politicised and Persecution, conflict and violence dominated by elite interests. Indeed, land management is disproportionately weighted in favour of those in power, Almost 22 million people were displaced by who make decisions about changes in the control and use of disasters (associated with climatic and weather land without taking the needs and rights of poor people and hazards such as floods, storms and wildfires, and communities into account. Investors focus on land which has geophysical hazards such as earthquakes and the best availability of water, irrigation potential, soil fertility, volcanic eruptions) in at least 119 countries. This is proximity to markets and availability of infrastructure.45 The almost three times as many as newly displaced by most productive and highest quality land is often controlled conflict and violence in 2013, 8.2 million as reported by those in power for their purposes or prioritised for foreign in May 2014. direct investment. Too often poor can find themselves displaced from their land or unable to access sufficient Developing countries account for the vast majority services and on land of poor quality. Indigenous agricultural of displacement caused by disasters each year. In diversity can also be reduced leaving people reliant on 33 out of 36 countries affected by armed conflict importing products. between 2008 and 2012, there were also reports of natural hazards forcing people to flee their homes.48 Regulations and policies governing land-related rights are often at the heart of any major economic and social reform. Indeed, when the rights of people are taken into account, Struggles over access to and control of land (and the land reform can play a transformative role in sustainable, resources located in the land) and struggles over territory are inclusive economic growth, social development and poverty often associated with violent conflict and civil wars. Legacies alleviation.46 Land governance is typically seen as the of conflict, inequality and weak governance are intertwined efficient administration of the state (privatisation, registration with incomplete land reform and inadequate oversight to and titling) rather than addressing the fundamental issues ensure equality and access to land for the poor. In conflict of political power, recognition of rights in relation to land, and post-conflict countries, land acquisition and repeated effective access or the political economy of land and political patterns of dispossession frequently exacerbate tension and change. are the underlying cause of further violence – often linked to wider processes of political exclusion, social, ethnic and racial The contribution of ‘pro-poor’ land policies to democratic discrimination, economic marginalisation, and a perception governance tends to be assumed rather than demonstrated. that peaceful action is no longer a viable strategy for change.49 While much remains to be understood about the relationship This underscores the importance of land in peace building between pro-poor land policies and democratic governance, efforts.50 arguably bringing in a focus on democratic land governance can contribute to ‘deepening the democracy’ debate. This is Equally concerning is the dramatic increase in levels of particularly important in contexts where the rights of the poor violence faced by those who work on land and dispossession. are weak and land-based wealth and political power is highly Human rights defenders working on land issues who concentrated in the hands of a few.47 advocate for land reforms, oppose large-scale development projects and defend the rights of victims are often subject Land inequality is also of relevance to debates on natural to physical threats and attacks and the stigmatisation and resource management, climate, gender equality, food criminalisation of them or their families.51 security, indigenous rights, urban planning, governance, corruption, social and environmental justice, and conflict. As Global Witness reported that between 2002 and 2013 land is a fundamental resource –for both the powerful and 908 citizens were killed protecting rights related to their many of the world’s poor – it can be used, exploited and land and environment. Three times as many people controlled in ways that impact upon other issues. were killed in 2012 than 10 years previously, with the death rate rising in the past four years to an average of two activists a week. These figures do not include non- lethal violence, sexual violence and intimidation.52

10 Land Matters: dispossession and resistance However when dispossession has occurred in different Responses to evictions and land deals parts of the world, many communities have appealed for their governments to intervene – to decide what rights Not all changes in land use will necessarily have a negative can be maintained or what compromises can be forged. consequence. However, when dispossession occurs Christian Aid’s role is to support and empower the individuals, communities are generally very adversely affected. marginalised groups, communities and organisations affected. The power dynamics from local to national level need to be There is no automatic, uniform response to the negative carefully considered and responded to in ways that do not effects of dispossession. In some cases, competition lead to further discrimination, violence or inequality. over land issues may be between individuals, in others there may be tension between the realisation Governments need to respect and uphold existing legal of collective rights over individual rights, or between protections of the rights of communities. Applying principles different groups. such as participation, non-discrimination and accountability can enable states to comply with their obligations and There is a need, analytically and politically, to take a responsibilities. In the event of conflicting land claims it is disaggregated view of ‘the poor’. ‘Local communities’ particularly important that there is consideration of existing include elite local actors, landlords, corrupt actors and inequalities and discrimination and effective remedy to settle smallholder farmers/ rural tenants. Responses may be disputes.54 Land policies therefore need to be conscious of highly differentiated between different groups and classes class, history, political power, gender, ethnicity, productivity among the poor, between them and with the non-poor. A of labour and land, livelihoods and the human rights of the differentiated view of local communities, based on class poor.55 and gender, along with race and ethnicity is a critical starting point.53

Children always find a way to play, even in the midst of repeated demolitions In Sept 2004, without warning, police and bulldozers to knocked down the homes of Cambamba I, Cambamba II and Banga We, to make way for a new development of homes and shops for Angola’s elite. With the support of Christian Aid partner, SOS Habitat, some of the community stood their ground, rebuilding their homes each time they were pulled down. SOS Habitat trained them in the laws and human rights, and equipped resident groups so that they can engage with the authorities themselves – writing letters and petitions. Finally, the government said they would build new homes for them in Zango, a suburb of Luanda. In June 2013 families started to move to the new homes. Photo: Christian Aid / Lilly Peel

Land Matters: dispossession and resistance 11 Aims, methodology and structure

How can Christian Aid work to Aims strengthen global governance for the Methodology protection of the poor from forced The intention of this report is to offer This research report is rooted in the eviction and dispossession? learning on land dispossession, how work of Christian Aid’s partners in four responses emerge and progress, and countries60 – Angola, Colombia, Sierra With the exception of indigenous the relevant support structures used Leone, OPT – chosen because they are rights and women’s rights, there by communities. The findings provide part of a coherent programme funded is an absence of clear reference to insights into the contexts and conditions by Christian Aid Ireland with support rights related to land within the main that enable communities to advance from Irish Aid. international human rights instruments. their battles against dispossession. However, social movements have Additional insight is provided from increased the international focus on While the case studies offer only a experiences in other countries: Brazil, land as a human rights issue, with some snapshot, they show the very real India and South Africa. It does not look now calling for recognition of a ‘right to danger of dispossession and how at all contexts where Christian Aid land’. 57 it can lead to injustice and violence, works on the issue of land. often for generations. There are An increasing number of those distinct historical and geographical Literature reviews were carried out struggling to stop dispossession want features in the countries covered by to identify key trends and debates at to keep and protect ‘territory’ where this research that make generalisations global level, alongside reports from their ancestors lived and where their difficult, but it is clear that civil society civil society organisations (CSOs) and historical memories are kept. Land organisations, working through peaceful networks tracking land deals at global struggles are also about reconstructing and legal means in countries with a and national level, academic working and defending the local community so history of violent conflict over land or papers and conference presentations, that young people have the choice to colonial dispossession, need support and reports of forced eviction and stay. Alongside this, many are pushing and recognition. This is all the more dispossession. for a fundamental rethink of the role important given the dangers they face. of small farmers. Christian Aid’s work Case studies were drawn-up based on sustainable agriculture58 shows It is hoped that these will be of interest on the work of Christian Aid and its that small-scale farming can work to to organisations and academics working partners in each of the four countries. improve productivity, food security and on land issues and, above all, provide There was a review of all programmatic livelihoods. International​​ organisations59 strategies for Christian Aid’s country work related to land issues, and a brief and many national organisations that programmes so they can better support review of the existing literature and are current partners of Christian Aid, our partners and the communities reports covering these countries. 35 contest both land being viewed solely they represent. While the Enough field interviews were carried out to get as an asset to be bought and sold to the Food for Everyone IF campaign may greater insights into how people are highest bidder and the abuse of human have put land deals on the agenda, the responding to land dispossession. rights in forced displacement. campaign’s evaluation reported that less progress was made on land than on other policy issues.56

How can Christian Aid support civil society efforts in making the case for pro-poor land reform and building their own alternatives? How can Christian Aid work to strengthen governance and state-society relations for the protection of rights in relation to land?

12 Land Matters: dispossession and resistance These included Christian Aid The interviews aimed first to address Attention was drawn to the role programme staff based in each how land issues have changed in each of human rights defenders, where country, partner organisation context and, in particular, the dynamics relevant. The language used to describe leaders and programme staff, focus and actors involved in dispossession. dispossession, and the content of groups and representatives from Another focus was to capture proposals and alternatives from affected communities where partner respondents’ views on the impact of those attempting to change, reverse organisations work, and other experts. dispossession on people living in these or prevent displacement was also areas, and determine if any particular explored. Transcripts were synthesised under groups were affected. themes set out in an interview guide, this was triangulated against A major focus was to draw out the background literature and media ways in which affected individuals, sources. The case studies build on communities and organisations have the report from a workshop held to responded to dispossession, and bring together partners working in to understand the motivations and these countries on land issues, held challenges shaping these responses. in Limerick in June 2013. Short field As such, power analysis is an important trips were carried out by Christian aspect for contextualising the Aid programme staff to carry out nature, choice and effect of different interviews. Quotes used in the case responses. study in this report highlight themes rather than illustrate sole evidence.

Participants at Christian Aid’s ‘The Politics of Land Grabbing: Strategies of Resistance’ seminar, June 2013, Kemmy Business School, University of Limerick. From left: Rosamond Bennett, CEO Christian Aid Ireland, and delegates: Joseph Rahall from Green Scenery, Sierra Leone; Salah​ Mohsen from Adalah, Israel and the occupied Palestinian territory; Jacinto Pio Wacussanga, ACC Angola; Catalina Ballesteros, Christian Aid Colombia; Danilo Rueda from Justice and Peace, Colomibia; Marie Luise Schueller from Christian Aid Sierra Leone; Ana Claudia Menesez from Christian Aid Angola and Rafael Francisco Morais from SOS Habitat, Angola. (Photo: Kieran Clancy)

Land Matters: dispossession and resistance 13 The response to dispossession

Investors can also have direct • At local level: Among local elites, Who is responding, influence on communities by local government, local police and why engaging with them and offering forces, farmers’ associations, civil benefits attached to land deals, or society organisations and other Although there is clear evidence by persuading pivotal elites at local community associations, the relative of a range of adverse effects of level to support changes in land use. power of different groups is context dispossession on poor people, it is specific. The nature of governance, difficult to identify clear patterns of Progress on human rights at the history of conflict and land how affected people respond to, or national level can be eroded by this tenure, and the particular class and resist, these situations. We should overlayering of international law, ethnic make-up of communities not assume that poor people are a and by the comparative weakness establishes the potential for protest homogenous group and will reject all of international human rights and for effectively countering forced changes in land use and ownership if mechanisms. Conversely, pressure eviction and changes in land use. they are made aware of the details of from foreign governments, regional large-scale acquisitions deals or other courts and the UN system can spur In a given country and locality, the changes in land use.61 Some may be governments to uphold human historical trajectory of state-society supportive of changes in search of rights norms and principles in forced relations, governance, urban and rural economic opportunity while some may evictions. planning policies and the land tenure be vehemently opposed. Rather, it’s system will inform the underlying important to understand that responses In other situations states may be dynamics of power and struggle. Even are influenced by how dispossession complicit at the national level in in reported protests, it is not always takes place, which in turn is conditioned violations of international law and clear what the target of resistance is, by the time, place and context of power ignore pressure from international or if all those involved share the same relations. human rights bodies or other goal. In fact, there may be a number of governments. International actors different ‘struggles’ taking place, often Power analysis: local to global may also be compliant in this lack at the same time:62 of accountability and not push for Power analysis is central to adherence to international law by • Poor people may be responding to understanding how context shapes the certain states due to lack of political the role of corporate actors, and the responses to dispossession. Power is will or other vested interests and nature of inclusion and exclusion also relational (the capacity to influence power dynamics. from the terms of a land deal, and others and be influenced by them), and its impacts. is exercised at a number of levels and in • At national level: Political elites complex ways: often stand to gain from foreign • Poor people may be responding to investment in land and may use their the role of the state over expulsion. • At the international level: power to enact policy and legislative International financial organisations, changes. Indeed, domestic business • Struggle may be taking place investor home countries and multi- groups and political elites may drive between different groups of poor national corporations push national land reallocation policies, urban people, especially different class governments to uphold international redevelopment, and large-scale groups or ethnic groups at local treaty law, and to facilitate foreign agricultural projects and have little level, as a result of, or exacerbated investment projects including interest in ensuring that the rights by, the dynamics of dispossession. urban regeneration projects and of the poor are respected. Power large-scale land acquisitions. These holders can often authorise forced actors have significant influence evictions, including deploying force. on governments as a result of the And, inevitably, national government financial flows that they control. and state agencies also have sway over local government and communities.

14 Land Matters: dispossession and resistance Responses or resistance to The violence and repression was Uncertainty as to whether benefits (or dispossession may only become driven by the combined forces of the indeed negative effects) will materialise explicit, or escalate, when the affected landowner’s private security forces and often complicates community groups stand to lose everything. the military and police. The escalation responses, dividing opinions among Forced evictions often result in violent of the conflict led to the imposition those who live and depend on the confrontations when people realise this, of martial law in the region in 2011.65 land, and other actors such as CSOs, especially when they have been given Resistance to the violent seizure of land local enterprises and elected officials. little or no warning. is part of a long-standing ideological and Even when principles of free, prior and class conflict in that part of Honduras. informed consent are largely fulfilled, Yet despite the negative impact power still affects how decisions are of forced evictions, attempts by More generally, large-scale land made. In other contexts, there may be communities to seek redress can be acquisitions are not unambiguous. no consultation at all with those who fraught with difficulties. For example Prospective investors, state agencies most depend on the land. Regardless in Zimbabwe, after mass evictions of and local leaders can persuade of the degree of consultation, the true urban slum dwellers, attempts by them local populations of the benefits impact of large-scale land acquisitions to lobby for public services in their new of land deals. The prospect of may not be known until later. settlements were inhibited by political jobs in commercial agriculture and polarisation.63 Again, the underlying promises of improved economic and There may be opposition to particular politics is decisive in explaining why and social infrastructure can exploit and land changes from the outset. If when organised resistance takes place. exacerbate existing tensions. In some the state asserts authority over a contexts, such as Kazakhstan and territory and legally dispossesses Displacement is interwoven with Ukraine, there is evidence that many land by categorising it as ‘unused’, it patterns of control and conflict. Certain small farmers have welcomed land may encounter unified lobbying from populations may be repeatedly targeted deals as a route out of poverty.66 affected groups, leaders and civil with different forms of displacement society organisations. Alternatively, from land, as seen in OPT and how The purpose and actors involved in opposition may come later, at the land is controlled and restricted through large-scale land acquisitions may also point of implementation, from those at closures and the construction of the colour responses. In some contexts, risk of being displaced or those who illegal wall in the occupied West Bank. foreign investors may be more perceive the terms of the land deal to welcome than national investors who be unfair. People may only discover the In many cases, displacement simply are viewed as land ‘grabbers’, and vice reality of dispossession at the point of raises new issues in much longer versa. Reactions to changes in land use displacement and forced removal. At histories of land inequality and conflict. may also vary. this point the role of the state using For example, the ongoing conflict coercion and violence to enforce over land use in the Bajo Aguán area For example, in some cases land compliance may become central. of Honduras can be viewed as a new deals that seek to develop sugar cane phase in a very long cycle of conflict have generated greater resistance Over time, if conditions attached to over inequality and land. After more than deals for developing jatropha, land deals have not been implemented, than ten years of legal battles to reclaim another plant used to produce biofuels. opposition to investors and those lands taken from them, instead of police Each crop would present different aligned with the deal may increase. protection, peasants faced violent problems for the affected communities: Where groups perceive that they have seizure of the land by private security jatropha, unlike sugar cane, can be been treated unfairly, or if land deals forces working for palm oil producers. compatible with other forms of farming have exacerbated existing tensions over such as share-cropping or grazing, land tenure and state-society relations, The Inter-American Commission and harvesting oil seeds is labour- or tensions between neighbouring on Human Rights reports that 42 intensive.67 Switching land use from communities, resentment may grow. individuals linked to the peasant food production for local consumption organisations were killed between to biofuels for export may be more September 2009 and October 2011.64 contentious68 but this will depend on local conditions.

Land Matters: dispossession and resistance 15 ‘Land deals do not always result in people losing the land, and many of those who face expulsion do not necessarily respond with the kind of resistance that is expected of them’71

In these cases, struggles may focus on • Lobbying of elected representatives Some protests are unseen, the terms of employment and wages or electoral candidates. unrecognised and unreported. James associated with land deals.69 Many Scott, Sterling Professor of Political land deals will not provide adequate • Letter writing, information campaigns Science and Anthropology at Yale employment to provide alternative to demand fulfilment of conditions, University, coined the term ‘the livelihoods for all of the affected implementation of laws and respect weapons of the weak’ to describe people.70 for human rights. resistance without protest and without organisation, defined as the everyday In some cases there may be no • Demonstrations and protests, politics of rural life.75 evidence of protest at all. Reported including blocking roads, occupying protests against forced evictions and buildings and land, standing in the These are deliberate, premeditated land deals are far fewer than reported way of machinery and works, and and measured actions designed to ‘land grabs’. In addition, some land peaceful mass marches. undermine the powerful without inviting deals are never implemented. retaliation. In contrast to the open and • Direct appeals to, or confrontation overt actions described above, these While sometimes people feel able of figures in authority, such as local forms of everyday resistance tend to be to act, for others, organisation, overt leaders, police chiefs and company covert and unorganised: ‘quiet mundane protest and explicit advocacy can officials. and understated acts and expressions feel too risky. People may fail or feel that are rarely organised or direct, powerless to mobilise in the face of • Forming unions and staging strikes in order to contest norms, rules and attacks on their livelihoods72 out of fear at commercial premises to demand authority’.76 of repercussions – as, for example, better terms and conditions. in Cambodia, where in some cases These everyday politics encompass community leaders were routinely jailed • Media alerts, and direct capacity a range of subtle actions, from foot- for demonstrating opposition to land building of the media. dragging, petty pilferage, subtle acts deals,73 and yet in others they continued of sabotage, not voting, responding to resist. • Using civil society and international incorrectly to surveys, avoiding networks to raise awareness. consultations, using illiteracy as an The nature of responses excuse to refuse to sign documents • Specialised NGO support for and non-compliance. It shows that poor There may be no clear pattern of capacity building, to lobby official people have agency, and can draw on a why and when people react to and channels and for legal action. broad range of approaches: people can oppose prospective or actual forced manifest discontent, indignation and evictions and changes in land use, but • Legal recourse at national and opposition in subtle and quiet ways, and protest and resistance is taking place. international level: this can address when necessary this can escalate to Responses to dispossession have the consultation process, contractual become overt, open and combative. involved a range of approaches and issues, and environmental actions:74 objections.

• Organisation, mobilisation and • Coalition-building, by joining up An example of how broad awareness-raising at community with other organisations and coalitions can bring about level. networks working on land issues to strategic changes in land develop campaigns – including with governance, for the protection • Early warning systems that alert conservationists. of the poor, can be found in to potential forced evictions and the massive padyatra peace changes in land use, and that • Illegal activities: trespass, sabotage, marches. In the last 10 years respond to heavy-handed tactics in intimidation and violence. these have helped to bring the suppression of protest. about huge reforms to land policies and regulations in • Participating in formal consultations, India.77 surveys and attending meetings.

16 Land Matters: dispossession and resistance ‘The fight against land grabbing currently lies at the interface of the climate debate, food sovereignty, indigenous rights, social and environmental justice’81

But the ‘weapons of the weak’ on For those looking at the strategic their own may also prove to be weak link of land to other issues, land is a The gender dynamics of weapons. Resistance may be easily governance issue, but this requires resistance manipulated, neutralised or repressed a strategy that confronts rather than by powerful interests. To increase the backs away from the inherently The active participation of women in chances of a successful challenge contested nature of land ownership, resistance or general social mobilisation, to the terms of a land deal, or for its control and use. does not guarantee that women’s rights reversal requires unity within and and gender justice will become priority between affected communities, making The challenge is to identify actors areas. it easier to recruit allies at national and to mobilise effectively and that this international level. In turn, this can build ‘democratic land governance’ involves While women’s rights in relation to momentum for creating a coalition for people’s pro-poor autonomous land may be ‘on the agenda’ in civil bringing about strategic changes in land mobilisation from below, independent society movements there is often use and governance. state reformist initiatives from still strong resistance based on above and mutually reinforcing hidden assumptions within social Strategies for resistance interactions between the two. In movements and civil society about contexts where associations and the place of women in organisations Resistance does not always have a movements are suppressed the role and societies. clear target, and is conditioned by the of the community in creating new context in which it takes place. In many spaces of representation is even more These hidden assumptions are often cases people initially look to defend important.78 not talked about or challenged but how they currently use the land. In determine how people act and think the face of change, others work for A number of organisations representing and therefore frame the response of a strategic change in how the land is small-holder farmer and campaign for communities and organisations. used: to maintain or secure ownership strategic resistance against free trade and to seek alternative approaches to and large transnational land deals, Even when organisations try to prioritise development, beyond the terms of and against land being treated only the equal participation of men and development policy or particular land as a commodity.79 For such groups, women this does not necessarily mean deals. redistribution of land is promoted, that women will take a central role and it rejects the idea that peasant or will feel empowered. Frequently Strategic alternatives can be identified farming is backward, inefficient or discriminatory practices and male when communities and organisations ‘anti-development’. These groups dominated organisational models and lobby for changes in land use, in land defends small farmer livelihoods and cultures persist. Social movements systems and in governance at local, views them as an alternative to the are not immune from bullying, national and international levels. large-scale commercial agricultural sexual harassment and violence, all Rather than simply seeking better model underpinning land deals, and of which can marginalise women’s compensation for forced eviction, or emphasises their role in conservation.80 participation.82 better terms within a land deal, strategic responses situate dispossession and Broadly speaking, actions to counter Particular movements working on land displacement in a broader contestation dispossession take place within political have responded to this by forming of the nature of development, and constraints often beyond the immediate autonomous women’s organisations, for the recognition of human rights. control of the poor. In practice, organising training for women and Strategic responses are bound up with therefore, many community actions of developing the capacity of role models broader debates, and the complexity of resistance are necessarily tactical or to address discrimination. In recognition these debates needs to be drawn out in context specific rather than strategic – that male leaders may accept gender specific cases. they aim to delay or change the terms proposals but fail to address inequalities under which dispossession takes place, and traditional sexual division of labour and often involve a focus on the respect some focus on training men to address for human rights. gender equality rather than just focusing on momentary issues.83

Land Matters: dispossession and resistance 17 Case studies

This section develops four country case studies: Angola, Colombia, OPT and Sierra Leone, drawing on the experiences of Christian Aid Ireland’s programme work in these four countries. It examines the nature of responses and the outcomes. It also gives some brief insights into the experience of partners in Brazil, India and South Africa and other contexts.

Angola In rural areas, despite a low population The law stipulates that the state can density and large areas of under- only expropriate land for specific public Background exploited land suitable for agriculture,88 use, and it must declare this purpose rural smallholders and pastoralists often when it does so. Anyone whose land Angola is still recovering from four do not have access to adequate land is taken for public use has a right to decades of conflict that destroyed for growing crops or taking their cattle compensation. It includes a requirement roads and schools, uprooted almost 3.8 to pasture. A lack of security of tenure that everyone must complete the million of the population and devastated and occupation of land in the best areas official process of registering their land the remnants of the manufacturing by the state or private actors granted and securing title within three years. and agriculture industries that ownership by the state, contributes to survived colonisation.84 Since 2002, this lack of access. The law thus places the onus on reconstruction and development has individual citizens to seek regularisation, been characterised by the influx of Added to this are the effects of the and states that irregularly occupied land oil wealth, foreign private investment war, with the massive displacement of may be subject to forcible requisition and the concentration of economic populations, the resulting pressure on after the three-year period. However, and political power in the hands of a the peripheries of cities and the need to weak institutional capacity and small elite.85 Although Angola has one resettle former soldiers.89 resourcing for titling processes, as well of the fastest growing economies in high illiteracy levels and a lack of formal the world, new wealth has not trickled Huge numbers were displaced from identification documents amongst many down and there is a huge – and growing their land during the conflict – in Angolans –either lost during the war – gap between the rich and poor. November 2012 there were still 553 or never possessed – have made this confirmed landmine fields that need requirement completely unachievable in Historically, land tenure in clearing.90 Official mechanisms have practice.93 Angola has been poorly defined been weak at adjudicating claims of and enforced, and there are few returning populations in a fair and The net effect of this has been to public records.86 This lack of a transparent manner.91 Land tensions weaken property rights for the poor comprehensive system of public have been acute where community and strengthen the position of the records means that people may, interests conflict with those of public authorities.94 The law sets out some therefore, start to rebuild houses, or and private actors, particularly in the measures for protection against plant crops, on land that has been areas where those returning were not arbitrary land expropriation and eviction. designated for other purposes.87 historically linked to the land but have occupied it after being dislocated from However there are many contradictions Customary land tenure is not formally other parts of the country.92 Ongoing with respect to social and economic recognised, creating a gap between migration from rural areas to cities has development, environmental protection the legal situation and the reality facing created new conflicts in urban and peri- and sustainable use of the land. most people living without formal urban areas. In addition, the lack of a national tenure rights. land policy means there is no clear A new Land Law was enacted 2004 foundation of principles underpinning ostensibly to deal with the post-conflict new legislation to coordinate existing context, but there was also pressure legislation, nor to prioritise actions at from foreign investors for regularisation national, provincial, and local levels.95 of property rights.

18 Land Matters: dispossession and resistance In other cases they were landless or Evictions are associated with high The evolving context of homeless people displaced from their levels of tension, violence, forced land issues in Angola homes by fighting elsewhere. Often, displacement and sometimes death. they were people connected to the Angola’s growing inequality is manifest dominant political and military group A 2007 report by Human Rights in the persistence of conflicts over in the area, who took significant areas Watch and Christian Aid partner land. Both in the countryside and in of lands as ‘spoils of war’.96 This can SOS Habitat documents 18 mass cities, some of the poorest and most be considered a distinct tide of land evictions in Luanda between 2002 vulnerable people have been evicted appropriation in Angola, fuelled by and 2006, which affected a total of from their homes or denied access prospects of future investments and 20,000 people.102 In February 2013, to land, in order to make way for deals. 5,000 people were forcibly evicted developments that further enrich elites. from a neighbourhood on the The next phase began after the end of outskirts of Luanda.103 The struggle for independence, the war in 2002, and has taken many beginning in 1961, was fuelled by the different forms, the most visible of The government sent seven helicopters, objective to recover land taken through which is linked to urbanisation and state bulldozers and hundreds of police, colonisation and occupation, during driven infrastructural development. military and rapid intervention security which a scramble for land drove peasant During the war millions of people forces. Communities are rarely notified farmers away from their best lands. arrived in Luanda – fleeing conflict, of the evictions before they happen, Appropriation of land became one of extreme poverty or both. nor offered the kinds of alternatives set the main sources of discontent towards out in law. Houses and possessions the Portuguese colonial regime, While informal settlements sprang up, are destroyed, breaking Angolan and bolstering calls for independence. After few had or were able to obtain formal international laws. There are no proper independence in 1975, the Angolan documentation to show they owned procedures to determine the amount of state – in its initial phase as a one- their homes or land. Angola’s economic compensation evictees are entitled to party Marxist-Leninist regime became growth is largely dependent on oil and in many cases it is offered to them the owner of all land, and assumed production, which peaked in 2008 and only after their property and belongings the management of land that was not has been declining since.97 have been destroyed and without the definitively privately owned. possibility to negotiate the amount in Luanda has been alternating with question. A radical change of governance came Tokyo in the past ten years as the most in the early 1990s with the transition expensive capital in the world.98 With Where land is offered as replacement it from a single-party system to an business booming in Luanda and other has been remote from services such as ostensibly democratic regime and the cities, properties and areas lived in by water, markets, transport.104 adoption of a market-based economic the poor have become valuable real model. The economic model demanded estate opportunities for businesses and A series of land deals and discussions the creation of a land market and a the government. As a result many poor, between the government of Angola legislative framework appropriate for informal areas have been demolished and foreign companies or their the development of a private sector, to make way for shopping centres and local representatives105 have been able to attract foreign investment in gated condominiums.99 documented since 2008. Other reports commercial farming and cattle breeding. confirm this trend towards increased However, the legal procedures Forced resettlements of urban and attraction of foreign direct investment surrounding such land acquisitions peri-urban residents have taken place in land concessions,106 exacerbating remained unclear, and in practice many most extensively in Luanda and also existing tensions around land in rural people simply seized abandoned land in some provincial capitals to facilitate areas. and properties for themselves. development and ‘beautification’ projects100 and have been carried out in Sometimes these were the original violation of Angola’s own laws and its owners of the land, who had lost it to international human rights obligations.101 the Portuguese colonists.

Land Matters: dispossession and resistance 19 Research, Rural Vulnerability, climate change and adaption in Angola, commissioned by Christian Aid on also highlights new demands for agricultural land from wealthy ranchers, commercial farmers, foreign investors and government resettlement projects. This has affected subsistence farmers, pastoralists and semi-nomadic communities.107

A principal concern is the continued lack of due process around land concessions granted to international and national commercial interests, which threatens further the loss of traditional customs, and is linked to forced settlements, inadequate compensation and other abuses. The emphasis on food Cambamba II - a refugee camp in Luanda. The people living here had their homes bulldozed by the production for export also means government to make way for new apartment blocks in 2004. The land they were removed from is that production will not contribute to half a mile away and has yet to be built on. There are around 200 families living here and there is local food requirements. Furthermore, no sanitation. Christian Aid partner SOS Habitat is helping to raise the profile of the plight of these families in the national and international media to put pressure on the Angolan government to help irrigation requirements may disrupt them. Photo: Christian Aid / Karen Hedges water supplies for people living in the surrounding areas.

20 Land Matters: dispossession and resistance Even those these strategies used are This event, and the national and Responses to case specific, there is a clear sense international pressure it generated, dispossession in Angola among civil society organisations that resulted in an apology from the national a framework must emerge applicable government for the violent forced International human rights organisations across the board in the interests of evictions of more than 3,000 families in continue to highlight the restricted building a fairer society. While there the province of Lubango, and a verbal context for advocating for change have been cases of demolitions commitment not to carry out evictions in Angola, including the use of halted by civil society, one civil society in the same way again. ‘unnecessary and excessive force to organisation cites: supress protests.108 According to the It is suspected that demolitions in US human rights watchdog organisation If the government wants the land, better-off communities also played a Freedom House, there continues to they will already have a project role in eliciting this response. While be no press freedom and only partial planned for it and will not change the apology was a highly significant internet freedom in Angola,109 limiting it. [Our] strategy is to ensure recognition of what happened to the opportunities to air alternative views people get compensation and new victims, it was not accompanied by via mainstream media.110 Defamation homes, and [they] are consulted reparations, and will not necessarily remains a criminal offense in Angola, on this. The overall strategy is not prevent similar evictions happening in and journalists are frequently jailed if to resist demolition but to seek the future. 116 they do try to criticise the government compensation…114 or the status quo.111 As a result of the risks associated with Mass protests at national level have protest, communities have focused People report being afraid of getting been limited, and even creating on raising awareness about human involved in collective protests, and being awareness about land issues is a rights abuses and ways to deter violent branded as ‘radicals’ when they put challenge. evictions, and using negotiation, forward critiques of current practices.112 advocacy, media and legal mechanisms Activism over land in particular has Things are changing: in urban areas, to get better terms of resettlement or drawn attacks that protestors are ‘anti- especially among young people, increase tenure security. development’. For example, pastoralists social media is used more and more have been depicted as backward to denounce abuses and make issues The support of specialised NGOs and anti-development. Expressing visible. Civil society organisations has been critical for achieving concerns that urban projects may not have also carried out specific results. Community organisation is be culturally appropriate for Angola, awareness-raising campaigns and one of the key approaches used by calling for participatory urban planning, demonstrations to get the attention Christian Aid partners to strengthen or highlighting the importance of of government and generate more capacity to respond to land issues. dealing with agricultural development,113 dialogue.115 These have generated represent challenges to powerful vested more success when they have This involves a range of activities interests. provoked significant concerns about including strengthening leadership, Angola’s international image and organisation, and democratic processes As a result of these dynamics, where they generated broad-based at a community and inter-community preventing demolitions, evictions and support involving affected communities level, and promoting linkages and joint occupations of land is an uphill struggle. from wealthier classes. For example action between affected groups, based a national conference organised by on principles of citizenship and peaceful The general strategies are to use Christian Aid partners in coordination contestation. Extensive awareness- legal mechanisms, advocacy, with other national and international civil raising and training of activists and negotiation, and peaceful society organisations in 2010 captured community leaders on mediation, demonstrations to seek better considerable attention. 97,000 people administrative processes, and land laws compensation, improve the terms of were represented, and learning was is another element. resettlement, and where possible to shared on successful and unsuccessful bring evictions and demolitions to experiences to resist evictions. a halt.

Land Matters: dispossession and resistance 21 Participatory land demarcation of However it is often difficult to demands. Though often representing an rural land can also help communities sustain women’s involvement at individual rather than an institutionalised to be prepared, decrease the risks of leadership levels, due to lower response, this approach may provide a local leaders privately agreeing land levels of literacy, lack of time due window of opportunity to consolidate concessions, and is a step towards to domestic and employment more lasting gains. For example, obtaining collective legal titles, provided demands, and gender norms in Huila Christian Aid partner ACC for under the law, but only ever granted underlying these. enabled, for the first time, effective in a couple of cases. Early warning engagement with local government and systems have also been used to Christian Aid partner ACM responded the private sector on establishing land understand better and respond to to this by using participatory and visual access and other rights for pastoralists. what is going on. tools when communities were looking at the demarcation of their land. ACC The local government has recognised A civil society interview stated: have been working on making the voice access rights to land for pasture to of women heard through focusing communities, as well as legalisation Communities identify changes to on issues where land intersects with of the Ovatumbi Association of land in their areas, for example when livelihoods and the long-term effects on Pastoralists. Registration means that they see fencing, new facilities or family survival. they can enjoy more legitimacy in new roads … community leaders claiming the right to tenure, litigating are trained to analyse trends in land The Government is a principal against injustice and carrying out changing.117 target for advocacy: the power to advocacy at a national level. halt evictions and grant compensation At local level, awareness raising and ultimately lies with them (and in National civil society organisations advocacy takes place through the cases of a large scale eviction, usually often link with international media, letter writing, petitions, and with those at the highest level are organisations and networks to local meetings and debates. Since a the decision-makers); private bodies publicise cases of evictions and key strategy is to call for adherence to and local authorities have limited demolitions: mainly by drawing on due process and terms of resettlement scope for action. In individual cases support from international human outlined in national and international there is some engagement with rights organisations such as Amnesty law, legal language has been used private landowners and companies International and Human Rights Watch, around land issues. For example: to reduce damages, lobby for and highlighting violations of human compensation and/or increase rights law using UN human rights [We] use the language of Angolan acceptance of the tenure rights of mechanisms and the African Union. law -- the Constitution and the Land communities. In some rural areas, However support from international Act -- and describe things as ‘illegal landowners may have an interest in actors has only a limited effect. NGO occupation of land’. The debate then local development, Christian Aid staff and international pressure has not been becomes whether the acquisition is report that: able to stop urban resettlements. legal or illegal.118 Some of the older landowners, For example, in 2006 the UN Special Patriarchal norms mean that men they support partners work by Rapporteur on the Right to Adequate tend to dominate struggles against having schools and water in their Housing called on the Angolan land expropriations and evictions. compounds for communities. In the government to abide by basic principles In rural areas the decision to have cities it is more difficult … in many and guidelines on development-based male leaders is also influenced by the cases private sector hides behind evictions and displacements. The perceived physical risk to women of political partners.119 government was also warned that being visibly active on land issues. it could be in violation of economic, In urban areas women have actively In some instances these activities social and cultural rights. But the official led and participated in protest. have contributed to opening up space response contested these findings, Communities interviewed reported a for dialogue with municipal, provincial and it is suggested that the episode ‘shared struggle’ between men and and national government, with some led to the restriction of civil society women around land. evidence of increased willingness of activities.120 the authorities to listen to communities’

22 Land Matters: dispossession and resistance Protection for civil society and Though gains have been limited, civil community leaders acting on these Summary: Angola society organisations have succeeded issues is vital, and international in halting violent evictions and securing Decades of conflict and a legacy of networks, including specialised better terms of settlement in some highly centralised power structures protection organisations, also help cases, and their joint action elicited have given rise to an environment organisations and communities to an apology from Government, and of opacity and uncertainty around adopt tactics to protect themselves. commitments for better consultation, land ownership in Angola, and especially around urban developments. inadequate policy, legal and regulatory For example SOS Habitat have tried to International solidarity has been a major mechanisms. increase the protection and security of factor for the immediate protection of their staff by adopting communication people and bearing witness to forced Within this context, poor citizens and personal safety protocols, informing evictions. International attention on living on sought-after land remain international partners of incidents in human rights abuses has prompted highly vulnerable to forced evictions a systematic way, and maintaining some important, but limited responses and occupations. Contesting or visibility of actions and any related from the state. Overall, while important resisting displacement is risky and threats against them in local media. victories have been recorded, vested public dialogue and collective action They have facilitated Front Line interests in valuable resources, including on these issues is constrained by Defenders training for community land, pose a continued threat to long- fear of repercussions, compounded leaders and monthly meetings are held term positive outcomes for poor people. by limited media freedoms. to discuss issues.

Given these constraints, civil society For SOS Habitat these protective responses have focused on awareness measures have become important raising, legal contestation, negotiation because of intimidation. Another and advocacy for a better policy Christian Aid partner, ACC, framework and implementation. accompanies community leaders as Challenging the overall direction of a form of protection, and provided policy, and even calling for effective emergency legal assistance to implementation of existing national laws protestors who were arrested and and regulation has provoked responses called to appear in court for actions they from those in power, but often had taken to defend their land. accompanied by violence or threats of violence.

Land Matters: dispossession and resistance 23 “It’s not gifts or handouts we’re asking for, it’s justice. We don’t need companies or anyone else to give us anything. If we have our land, we can raise our children.” Misael Payares (Las Pavas, Colombia)

Colombia is also one of the most Colombia unequal countries in the world.124 Land The evolving context of Background concentration in Colombia is biased land issues in Colombia towards large landowners at the expense of rural small-scale farmers: The usurpation of land through Conflict, violence, social and political 0.4% of landowners own 61% of violence has defined the conflict in turmoil have characterised Colombia rural land.125 Attempts to reverse the Colombia. Typically paramilitaries for over fifty years, sustained by the concentration of land ownership have use direct threats, individual failure of successive governments to been fraught with difficulties. assassinations or massacres to promote sustainable and equitable cause fear, causing either selective development and the systemic neglect Alongside conflict, progress in land displacement or mass exodus. of human rights. Since 1948, Colombia restitution and redistribution has been Those who take the land then seek has one of the longest running conflicts undermined by the weak decentralised to legalise their occupancy – the in the world, the state, supported nature of the state apparatus and methods for this vary depending by the military, and in collaboration limited governance capacity in rural on whether the land is privately with paramilitaries, has been fighting areas. Equally significantly, however, owned, part of the indigenous or guerrillas, without resolution.121 land activists have been murdered afro-Colombian collective territories in increasing numbers in recent or state property. The internal armed conflict and years- from 2010 to 2013 52 land and widespread and systematic violence environmental defenders were killed in is further fuelled by drug trafficking. Colombia.126 Around 12 percent of the population – 5.7 million people – have been internally displaced exacerbating land inequality. The government estimated that 6.8 million hectares of land had been usurped as of 2006,122 the majority of which were originally smallholdings or part of collective territories belonging to indigenous and Afro-Colombian communities.

Crucial peace talks between the Government and the FARC, begun in 2012, will be decisive in shaping the future of Colombia. There is wide recognition that these talks, while they won’t immediately end the systemic violence in Colombia, are an essential step in building a sustainable peace. Although there has been no cease-fire and the violence continues, significantly Misael Payares (64), he has 6 children. Despite the threats he and his community land reform and rural poverty are have suffered, he has fought tirelessly to get the land titles for the land in Las Pavas, principal items on the agenda. Colombia, from where his community was evicted. In 2009, 123 families in his community were forced to leave their ancestral land, which was given to a palm oil Despite being a middle income country, company. Christian Aid partner, the Development and Peace Programme of Magdelena Medio (PDPMM) supported the Las Pavas community throughout its battle for justice more than half of rural households in and land restitution. In May 2011, their eviction was ruled invalid and illegal. They are Colombia live in poverty,123 due to the now back on their land and PDPMM is helping them get the papers to prove their legal unequal distribution of land and other ownership and ensure they are never forced off the land again. productive resources. Photo: Christian Aid/Isabel Ortigosa.

24 Land Matters: dispossession and resistance In many cases private title was The government has been pushing for For example, concerns have transferred under coercion for an reform of law to allow foreign investors been voiced that large Colombian extremely low price or without any to buy Colombian land. Often, these companies establish sub-companies in payment – captured in the paramilitary investors benefit from tax holidays or Luxembourg, because a foreign investor dictum,‘If you don’t sell, we will “fiscal paradise” and it has proved to be gets stronger protection under the Free negotiate with your widow’. Some extremely difficult to obtain information Trade Agreement between Colombia government officials collaborated in about them.131 These trends have and the EU. The land cannot then be re- legalising pillaged lands and in many exacerbated issues of land inequality, nationalised and utilised by the state.135 cases then facilitated the transfer of conflict and weak governance in land to large investors.127 Colombia.132 Oxfam’s recent research, Divide and Purchase: How land ownership is being One case in particular highlights the Christian Aid partners have described concentrated in Colombia, examines collaboration between the state and how illegal forced transfers of property how multi-national companies have paramilitaries in relation to land. In 1997, titles have taken place, with individuals managed to evade the restriction between 24 and 27 February, more abusing their government positions on land concentration through the than 4,000 individuals were forcibly and acting with local non-state armed use of shell companies.136 The state displaced. On 27 December 2013, the forces, to subvert the protection offered is effectively allowing land once Inter-American Court for Human Rights by local government bodies. Some of distributed to small-scale farmers to be declared the Colombian government these corrupt transfers have occurred legally acquired by large companies. responsible for forced displacements – through judicial or procedural fraud. In This risks reversing the progress a joint operation between military and some areas, such as the lower Atrato towards the redistribution of land, and paramilitary forces under Operation valley, land acquisition deals have been makes local participation in land deals Genesis –and the murder of Marino facilitated by defining areas as ‘waste even more difficult. López, a young Afro-Colombian man lands’. In this region paramilitaries from Cacarica.128 have been able to transform their While information is lacking around returns from counter-insurgency and whether all large-scale acquisitions Over the past 12 years, national and the drug trade into legal profits from are connected to the land theft from international demand for commercial state-supported large-scale oil palm the conflict, they risk compounding farmland in Colombia for soya, plantations.133 the dynamics of violence and forced sugarcane and oil palm, as well as displacement. Recent efforts to deal for conservation and fast growing Christian Aid has seen that peasants with victims of conflict have failed to tree plantations has increased.129 and small farmers are especially engage with this complexity. Further demands for land for mining affected by land grabs and associated exploration and exploitation,130 violence.134 Indigenous peoples and and proposals to generate more afro-descendant communities have hydropower, also have implications for tended to suffer the most: weaker land and for access to water. The Uribe groups are most affected because they administration (2002-2010) and present do not have the power to defend what government have actively promoted is theirs. Women are also particularly the commercialisation of land, on affected, often becoming head of developmental grounds. households and discriminated against for being displaced. A prominent example is the palm oil sector: although Colombia has National government, regional produced palm oil since the 1950s, authorities and business groups internationalisation of the market dominate decision-making around since the late 1990s has brought rapid land deals, precluding grassroots growth, as investment offers the involvement. International and national combination of sizeable profits and firms have engaged in tactics to financial support from the state through reinforce their position. public subsidies.

Land Matters: dispossession and resistance 25 The 2011 Victims and Land In theory the Victims’ Law addresses Pre-existing dynamics of conflict mean Restitution Law aims to return some issues of gender justice for that the military controls large areas millions of hectares of abandoned displaced populations.143 However of the country, and has been involved or stolen land as a result of human although it discusses equal in repression against those that resist rights violations.137 A key feature opportunities and the elimination of all agribusiness investments. Human was the recognition of the existence forms of discrimination, it stops short of Rights Watch found that paramilitary of an armed conflict, something addressing historical gender inequalities successor groups – Los Urabeños, the Colombian government had in a transformative way. The measures gangs or however they are defined consistently failed to do.138 In for women include prioritisation of and in certain cases FARC guerrillas – practice, the government has been women heads-of-households in the are important perpetrators of abuses slow to implement the law.139 judicial processes of land restitution, targeting land claimants and their administrative reparation, protection leaders.146 Internally displaced persons who and the creation of adequate security have sought to recover land through conditions. Women are also prioritised Following a demobilisation process, the Victims Law and other restitution under development provisions for these successor groups have replaced mechanisms thus far have faced restored land, with benefits such paramilitary organisations in different widespread abuses tied to their efforts, as productive credit and technical regions and carry out drug trafficking including killings, new incidents of assistance. The law also seeks redress and other illegal activities. The forced displacement, and death threats. for crimes of sexual violence and government maintains that the groups Since January 2012, more than 500 creates some mechanisms to grant threatening protesters and human rights land restitution claimants and leaders assistance and services to victims of defenders have no political ideology, have reported being threatened.140 sexual violence and to their families, that they are just criminals or drug Civil society groups also highlight such as the Centre for Integral Attention traffickers.147 Amnesty International that without economic support and to Victims of Sexual Violence. states that the government refuses to protection, providing a title is not acknowledge that paramilitary groups, enough to enable people to return to However, in practice, although often colluding with the security forces, the land.141 Indigenous and Afro-Colombian still operate in Colombia.148 women play a leading role in defending Furthermore, while the collective rights their collective rights to land and to of Afro-Colombians and indigenous consultation on the use of that land people have been recognised, and its resources, they continue to smallholder peasants, or ‘campesinos’ suffer from widespread institutional can claim on an individual basis but are discrimination.144 They report disrespect unable to claim back their collective land for their roles from Government on a legal basis. officials, and that threats against them are not given the same credence as Critically, the Victims Law interprets threats against male leaders. illegal land grabbing as a consequence of the actions of criminal entrepreneurs, Colombia still experiences high who use violent coercion and corruption levels of women human rights in order to seize and accumulate land. defenders at risk who are working Yet this assumption: on labour rights, indigenous rights, environmental and land rights, … reinforces policy makers’ and in general because of the level of policy analysts neglect of the threats of sexual violence against institutional mechanisms of land women human rights defenders grabbing and the entanglement of who dare to speak out on these violent, criminal and legal economic issues.145 strategies that characterise this phenomenon in Colombia.142

26 Land Matters: dispossession and resistance Responses to dispossession in Colombia

Dynamics and tensions of conflict shape the responses to land issues in Colombia, responses are very much embedded in the history of land and violence. The persistence of stigma attached to protests, as a result of associating them with armed groups (a deliberate strategy by their opponents), undermines efforts to get the issue of Las Pavas Community meets to discuss the latest news in the case of their land land issues onto the national agenda. restitution. The forced removal of civilians from their homes has been a major feature There is limited coverage in the national of the 40-year armed conflict in Colombia. The country has the second highest number of internally displaced people in the world. (Around 4.9 million people). Photo: press of those most affected by Christian Aid/Isabel Ortigosa dispossession. The dominant discourse from government and investors on large scale acquisitions focuses on development issues. This leads to protestors being described as ‘anti- The strikes effectively paralysed the Beyond the peace talks, the development’. country and generated much greater Government still treats each national awareness about the issues.151 dispossession case individually, as if The language is not the same. The divorced from the broader issues of large businesses and investors, The agrarian movement has conflict, weak governance and the just like the government, speak developed alternative strategies global dimension of the land rush. of development, of progress, for the use of land. In particular, welfare for the country, and so on. the construction of an alternative These complexities resonate at the In contrast civil society speaks of macro-plan for land – the Plan de local level. Within communities, ‘acaparamiento’ or a land grab, Ordenamiento del Territorio Alternativo taking action and protesting against something that is taken from – shows that clear proposals exist land issues can be controversial and someone without consent.149 for contesting the developmental divisive. Some communities that arguments around land. These have been historically marginalised The intersection of land issues in proposals have formed part of the (very often also victims of forced Colombia with protests against agenda of peace talks, but are at risk of displacement and in many cases free trade agreements did bring being obscured: it is women disproportionately unprecedented attention to rural affected) strongly defend multi- Colombia and a lot of sympathy in the The agrarian movement in Colombia national projects as they may cities and at the same time a crisis for has offered alternatives, proposals represent their only hope to gain the Government, which was unable to … to both the government and to the employment. At the same time handle the situation. negotiators in La Havana managing there are many communities that the peace talks between the FARC resist dispossession, mobilising for A national agrarian strike in August and the government. However, the the protection and respect of the 2013 was organised by the Colombia government has not taken them land.153 Peasants Organisations in response into account, it is not listening to the to the state neglect of the sector. The opinion of civil society. The FARC strike lasted 21 days and was met with have publicly said that they are violent repression from state forces: listening and they will bring these 12 died with 485 wounded and 4 alternatives to the negotiating table missing.150 however there has been no follow up on these issues.152

Land Matters: dispossession and resistance 27 Communities affected by dispossession Being proactive has been essential: This is critical for doing advocacy work remain isolated and vulnerable. internal organisation, evidence and when up against very strong forces, Women and children make up a large documentation and the existence of including national and sub-national percentage of displaced community alternative proposals strengthen the government representatives that members and those women who are capacity, and stamina, of communities have been co-opted by mining and affected have usually rights related to to respond. According to an organisation agricultural interests. land via their male partners.154 Informal that provides accompaniment: marriages, lack of knowledge about Other strategies involve brokering how their partners acquired the land Those communities that are dialogue at the local level between and the variety of types of land tenure proactive are less vulnerable if they different parties to land deals to get mean that female heads of households know what they want from their land, better terms of incorporation. This is are extremely vulnerable to losing if they have strategies, ideas, an less common, as political polarisation in their right to their land. In some cases, alternative development plan; then it the aftermath of conflict tends to mean the legacy of the conflict can foment is much more difficult for someone that communities and displaced people tendencies towards armed resistance. to come in and manipulate them.156 are suspicious of large investors.

The incremental successes of Learning within the community, There is a strong emphasis on communities using legal measures and between different experiences using international and national has had an effect, convincing other has been another facet. Christian human rights frameworks to claim communities to follow a peaceful Aid has facilitated many exchanges back land for people displaced by route, even in the face of intimidation for communities from different the conflict, even when the land and violence, and often only very slow regions in Colombia in responding to has been acquired for commercial progress towards results.155 dispossession. In a practical sense, agriculture or mining ventures. A communities have been able to learn significant example of national level The dominant approach of Christian about the necessary legal steps to success was seen following the Las Aid’s partner organisations in set up a humanitarian zones and the Pavas case. Colombian riot police Colombia has been to use a community committees needed. This forced 123 families off the land they had combination of legal means and has been very important and has led been living on and cultivating, leaving advocacy work to contest land to new zones being legally recognised them no time to harvest their crops and issues of violent land usurpation by the Inter-American Court (see box telling them that the land had been sold and large scale acquisitions. below).157 to a palm oil company.

Taking the legal route usually involves For taking action, creating alliances In a significant victory, the Colombian support from specialised NGOs. at local level is critical. First, for Constitutional Court ruled that the For example, Christian Aid partner, mobilisation to overcome the dynamics Ministry of Agriculture must re-open Comision Interclesial de Justicia y of conflict and break the stigma that their case for legal title to this land- also Paz, offers legal advice and takes associate protests with guerrillas and leading to the Body Shop breaking cases through national, regional and other armed groups, it must involve commercial ties with the palm oil international courts and provides recruiting diverse sectors of society to supplier Daabon.159 accompaniment, by witnessing and participate in public protests and non- international reporting on the situation violent civic mobilisation.157 Appeals to supranational bodies of vulnerable populations. especially through the Inter-American Second, broad alliances are needed System, and seeking support from To strengthen the legal process, to strengthen advocacy, and to transnational advocacy are used to and develop advocacy strategies, counter strong vested interests. This pressure the Colombian state to act. communities have invested in has included finding common ground documenting what is going on. Yet with small businesses, and collaborating uncovering interests can be challenging with universities in research projects. at local level: people constantly face threats and some leaders have been killed.

28 Land Matters: dispossession and resistance The impact of international support is More generally, this legal approach felt on the ground: Summary: Colombia seems to have had only limited impact in changing the government’s Overall in the Colombian case, legal There has been a reduction (of land overall approach to the facilitation and activism around land issues, drawing on grabs) as a result of pressure and regulation of land deals. A principal the human rights framework at national, advocacy from foreign countries, challenge is to shift the discourse regional and international levels has from the organisations that from legal issues in individual cases, had an important effect in empowering accompany us, [and from] the Inter- to highlight how the global land rush some communities to gain restitution American Court of Human Rights. is enmeshed in political and economic and to contest the acquisition of land by … first and foremost we actually dimensions of the conflict in Colombia foreign investors, and reversing some got close to our land and we can in a generalised way. projects. work on it … we also have achieved recognition of the right to survive Overcoming this involves revealing The Colombian experience highlights on our land. These are enormous the power and interests that facilitate the important role international human achievements.160 unethical land deals and making space rights frameworks can play as a vehicle for alternative approaches to the use for rights-based approaches to land The international accompaniment of of land that go beyond the restitution issues, but this may be specific to local human rights is an important and assertion of legal rights. Alternative the Colombian case, and its history of source of solidarity and provides proposals have made it to the table conflict. a bridge between global and local in national peace talks, but it is as yet activism. One civil society organisation unclear how FARC or the government The Inter-American human rights stated that: may formally take on the content. system may also have stronger influence than other regional The presence as observers of mechanisms. For dealing with human rights defenders has been international firms, the human rights very important. The physical framework has helped to advocate for accompaniment, an everyday the respect of ethical principles, but support, has given much confidence it is not clear if this offers a route for to the communities … It also better governance of transnational firms functions as a bridge between the globally. communities and the international community.161

Using international and national legal systems to press for change has produced results. To illustrate, humanitarian zones are an important example of how international support and legal approaches have helped communities to resist the appropriation of land and enforced displacement.162 The importance of the international advocacy work lies in the fact that the Colombian government is fairly responsive to international pressure because it wants to portray itself as a modern democracy and a regional leader with ambitions to enter the OECD.

Land Matters: dispossession and resistance 29 Humanitarian zones in focus: Communities in Colombia have used the innovative Some key learnings from this experience of humanitarian approach of establishing humanitarian zones to remain zones are: on their territory and resist ongoing conflict - they define and mark the areas they inhabit and prohibit • National and international support is critical to provide any armed group from entering whether they (the support, legitimacy, protection and recognition. The community) are there legally or illegally. The zones are presence of international organisations and visits from based on the principles of distinction between civilians embassies are important in dissuading armed actors and combatants under international humanitarian law, from entering the zones. supported by both the Colombian Constitution and the Inter-American Court of Human Rights.1 Such zones • Christian Aid partner, the Inter-Church Peace and provide protection for citizens (many have established Justice Commission has been instrumental in warning mechanisms in case of threats or human rights supporting all of the established humanitarian zones. violations), in some cases they have prevented further They assist communities legally which lead to the displacement and they allow communities to stay zones being recognised by national and international together and fight for their rights. These zones have legal bodies. Such legal support also helped benefitted not only the populations within the zone but communities fight against impunity and achieve also other citizens who can find a safe space to stay accountability for grave human rights violations. They during direct or indirect attacks. also enabled the zones to be replicated all over the country by facilitating networking between different There are 32 humanitarian zones in Colombia, with communities. the first one created in 2001 in Cacarica. Communities decide themselves how to adapt the rules and practice • Communities need to clearly mark and indicate the to their own culture and needs. In addition to these borders of the humanitarian zone and do publicity zones, communities have established biodiversity zones work to make this visible. where they reclaim land damaged by the expansion of agri-business in an effort to protect the environment and • It is important for the community to consider restore the land. how it can support itself both economically and psychologically. 1. A Gonzalez, ‘Displaced Colombians seek to reclaim land’ 2013 http://www.aljazeera.com/indep th/2013/06/2013623123633340561.html

30 Land Matters: dispossession and resistance Commercial demand for land is Sierra Leone operates under a dual land Sierra Leone affecting the livelihoods of poor tenure system. Statutory law is applied farmers. For nearly half of working age in the Western Area, where land can be Background Sierra Leoneans, family farming is a bought and sold. Throughout the rest way of life and their main livelihood. of the country, customary law of local Since the end of the conflict in 2002, Agriculture, most of it smallholder, tribal communities is the accepted legal there has been a focus in Sierra accounts for nearly 52 per cent of structure. The Paramount Chiefs and Leone on the establishment of new the country’s GDP.166 More than 70 Chiefdom Councils hold land on behalf national institutions, the improvement per cent of the population, mainly of the native community. of systems and procedures, and women, depend on the land for their the rehabilitation or reconstruction livelihoods.167 Thus land is inherited from one of damaged community and state generation to another and is controlled infrastructure across the country. In Inequality and tension over land issues by families, villages, townships, clans November 2012, Sierra Leone held were underlying factors that contributed or chiefdoms, and each family member free, fair and transparent elections, to conflict in Sierra Leone. It is believed is entitled to a piece of land for farming. widely hailed as a landmark moment that by the war’s end in January 2002 Under this system, foreigners hoping in the nation’s journey towards almost a quarter of the population, more to acquire land must do so through democracy. The political landscape than one million people, were displaced leasing the land from the land owning remains polarised, undermining national either within or outside of the country.168 families.170 cohesion and ultimately hindering development. Sierra Leone’s economy When thousands of Sierra Leoneans is expected to grow by around 35 per began to return home at the end of cent over the next five years, albeit the conflict, many found that their from a very low starting point. farmlands had been destroyed or occupied. Post-war land conflicts and Huge challenges in lifting people out of disputes in Sierra Leone stem from poverty remain: more than 60% of the problems of land acquisition, contested people – 3.5 million – still live below the land boundaries, multiple land sales, poverty line.163 fraudulent documents, conflicting authorities over land administration Although now almost under control, (involving land owning families, the worst-ever outbreak of Ebola is traditional authorities and state bodies), bringing further challenges to Sierra land use conversion and the weakness Leone’s governance issues. Indications of the land adjudication system. As suggest there have been approximately such, systematic land issues continue 7,897 cases in the country.164 The to be an underlying source of social immediate impact of the loss of life conflict and political instability in the is accompanied by hidden harm to country. all facets of people’s lives, including education, maternal healthcare, food Land disputes have been on the rise security and livelihoods. Women have and the surge in large-scale foreign been disproportionately impacted by direct investment is perceived by NGOs the disease.165 as deeply disruptive to customary tenure norms, with concerns over Sierra Leone is rich in minerals, precious its potential to promote conflict stones and metals. In peacetime this increasingly being raised.169 has brought increased investment in the extractive sector creating pressures for land and water. Rural areas in the country and its economy are dominated by smallholder agriculture.

Land Matters: dispossession and resistance 31 This represents 23% of the land that Furthermore, foreign investors are The evolving context is suitable for farming. The leases are legally protected with disputes to be of land issues in Sierra mainly for the creation of industrial- settled in the UK but no protection at all scale plantations to produce bio-fuels is offered to the victims. Leone from sugar cane and oil palm for export. Most of the foreign investors The Sierra Leone Ministry of In peacetime, and especially since are European or Asian corporations or Agriculture, Forestry and Food Security 2008, the resumption and expansion investment funds, with a few from the (MAFFS) acts as an intermediary in of mining activities, and the effects Gulf States.174 land deals by leasing the land from the of the global land rush have put communities and then subleasing it increasing pressure on land and Donors such as the World Bank and to foreign investors, and in developing water. its Foreign Investment Advisory guidelines for regulating how land deals Service (FIAS), the UK Department for should take place.179 Existing guidelines In his first term of office from 2007 International Development (DFID), the governing land deals contain a series to 2012, President Koroma’s ‘Agenda International Trade Centre (ITC), and of loopholes and are non-binding and for Change’ designated agriculture the European Union175 have invested in therefore are largely ignored. Some as the main economic engine to the capacity to attract FDI through the investors have completely evaded combat poverty and unemployment. Sierra Leone Investment and Export negotiation with the government.180 Official policy promotes large-scale Promotion Agency, (SLIEPA). agricultural investment along with small- For investors, requirements can be holder commercialisation. In practice, The contrast between the high level of unclear and change frequently; but large-scale commercial agriculture is institutional organisation for attracting more importantly, the framework prioritised, with the promotion of large- foreign investment in land markets does not provide adequate safeguards scale foreign investment.171 and weak institutional capacity for for communities. In addition, the the governance of land use and land environmental impact of land deals The use of enticements, specifically tenure issues is stark.176 Communal land has not been adequately explored or tax breaks, to attract foreign systems and weak governance have monitored.181 investment into Sierra Leone has enabled the exploitation of poor people been a central feature. Recent who depend on the land for livelihoods. A new draft land policy promises research estimates that in 2012 the Foreign land deals are facilitated by the to strengthen regulation of foreign government lost the equivalent of problematic designation of ‘unused’ investors, but initial reviews indicate 59% of the budget – or 8.3% of GDP lands available for investment through that it will fail to ensure that land – as a result of these exemptions.172 long-term lease. investment supports local communities or to enshrine and protect the At the same time, there is no clear At least 5.4 million hectares have right to land for women farmers. evidence that the supposed benefits been declared as either ‘not used,’ Complementary guidelines for of land deals, in the form of export ‘under-used,’ or ‘marginal.’ Yet research sustainable bioenergy investment are earnings, jobs and rural development, shows that there is no ‘unused’ land also likely to be non-binding.182 have emerged. available177 and that the idea of ‘unused’ land is a misconception. The prevalent Christian Aid partner Green Scenery The Land Matrix, a global and farming system in the country uses has questioned how the principles of independent land monitoring initiative bush fallows (commonly known as free, prior and informed consent can that promotes transparency and ‘farm-bush’ or bush’) to restore soil be satisfied when the leases are so accountability in decisions over land fertility to fields on upland sites. Ideally, ambiguously written.183 Communities and investment, gives an overview of these should be left fallow for 20 to 25 and other actors have been left out twenty foreign investors active in Sierra years to restore full soil fertility, during of initial consultations, little relevant Leone at present.173 which time they still provide numerous documentation about land deals valuable plant and animal resources to is made public and leases are not So far, approximately one million rural communities.178 available.184 hectares of arable land has been leased or are under negotiation for lease.

32 Land Matters: dispossession and resistance In general, landowners and users do The nexus of power relations around not have adequate legal representation Responses to land deals land deals in Sierra Leone has made when contracts are signed. Local in Sierra Leone resistance difficult. There are a number leaders and landowners are vulnerable of cases where individuals resisting land to coercion by investors, and often Poverty, illiteracy and a culture of deals have received threatening phone receive only partial information deference to authority and to foreigners calls and text messages, and have been from agents about the benefits of makes questioning and negotiating accused by government officials of deals, which can lead to accepting around deals difficult.188 The terms of undermining the country’s economic unfavourable terms. False promises incorporation can be prohibitive for development. 190 have been made: in many cases generating ‘win-win’ situations. Tracking compensation for lost land or crops is where the rents and benefits accrue Tactics like this generates a fear of the inadequate and does not correspond to reveals the power relations around land consequences of resisting. Companies the market value of land. In many cases deals, as one civil society organisation have created their own civil society land rents paid are not uniform and even reports: organisations to promote the benefits of when they are, only half of the rent land deals,191 and also have the power goes to smallholder farmers; the rest … the company owner takes more to call on the police to deal with any is divided amongst District Councils, than 80% of the profits out of $54m responses. One community member Chiefdom Councils and MAFFS. annually. The traders take 12%, gave an example of this: the workers and landowners get A Constitutional Review Committee 2%. Both local and expatriate, the His family held a meeting and was set up by the Government of Sierra company takes the lion’s share. They decided to resist. They realised Leone in 2013 with the aim of reviewing say they have given the community giving their land away for 50 years the 1991 constitution – Green Scenery 3.1 billion leones (approximately would mean giving it away forever. and others are pushing for land reform €600,000) for compensation They wrote to the Paramount Chiefs to be addressed as part of this process. agreements but when you go to and they said they objected to the The United Nations Development Fund the communities there is nothing to land going …they talked to the town has supported the government of Sierra show for that with the exception of chief, all the letters they wrote to the Leone in developing a new national a few people…. The communities district council and the government land policy, which is currently in draft were promised jobs; the companies highlighted that they have no format.186 employ young people who used problem with the company but with to work with the family; they get how the land was being taken. The insecure, short-term contracts. They company was told to go ahead and don’t give proper employment, just demolish the plantation. His younger seasonal jobs and they bring in 550 brothers went to the plantation to ex-pat employees.189 peacefully try to stop the machines entering – they tried this three or four times. The police came and told Land deals have caused severe conflicts within families and them they should not disrupt the communities, precluding unified responses from communities. company. The surveyor was present and was communicating directly These divisions reflect broader debates about the wider benefits of with the police via mobile. land deals, with one community group reporting:

Chiefs and company officials set one village against another. If there is a land dispute, the chief takes the side of the village that will lease their land. Land grabbing has divided families. Chiefs and companies persuade one or two family members to lease and then divide and conquer. Leases last for 50 to 90 years so it is giving up the land for life… often family members are not on speaking terms. 187

Land Matters: dispossession and resistance 33 Wherever there is resistance the Yet there are still real constraints to A description by a SILNORF member of company can call on the police who organisation at the local level: the group’s work included the following: immediately act on the company’s behalf. Some young men resisted In Malen if you say you have been The communities have been and [were] taken to court - they were affected by land grabs you are harassed by company officials, found guilty and fined. Some are immediately against the paramount chiefs, the police … the communities being held still. Even when people chief. There are people affected by have told us ‘they will have to kill us peacefully resist they are arrested. land grabs who won’t speak out or to make us leave this land’. When The police, the company and the be publicly associated with MALUA we receive these calls we organise chief work together. They created as they fear the paramount chief emergency interventions with other another police station in the area. and police. If they are chiefs, they partners, like the Human Rights Most people are against this.192 fear that they will be removed and Commission, the media - we carry ostracised. Some workers in the out interviews, take photos, the For overcoming these dynamics, a company support MALUA but can’t media is quick to report. That has dominant approach has been to speak out. They talk to MALUA in been effective - when that happens publicise the details of existing private. If you are a chief you will be the company can’t continue - instead deals.193 At national level media removed, your family marginalised. they have to get back to the people outlets have been used to host They might register to join MALUA with peaceful solutions.199 public debates and there has been but not register their names. People work to strengthen the capacity worry they will lose their jobs if they Christian Aid partners also seek out of journalists with human rights support MALUA.195 isolated protests and encourage interests. these communities to link up with A national level alliance, the ‘Action the new national networks. Some radio programmes use soap for Large scale Land Acquisition operas to depict the issues in drama, Transparency’ (ALLAT) was created This is critical in ensuring that through the Krio language, as a way in April 2013 after a two day national communities are prepared to engage of creating awareness. At local level, conference on land owners and with companies involved in land deals the work of civil society in raising land users affected by large scale at an early stage. Specialised NGOs awareness about the deficiencies investments in agriculture.196 offer support to communities to in existing land deals has had an help them to carry out research, effect. Showing communities the This alliance gives individual awareness raising and litigation. agreements and pointing out the organisations the strength to contest Local NGOs have been working number of hectares that have been powerful interests legally, and to to monitor and document events. taken from specific chiefdoms has create greater awareness.197 Building Community land governance stirred up questions, from chiefs and this network of organisations across committees have been established to from community members, leading to the country has been critical for map out the land, in particular to ensure protests in some areas.194 empowering local actors to participate the security of women’s access. For in national advocacy, and for rapid example, in 2012, Bread for the World Organisation has been a key dissemination of information in cases held a workshop on how to use GPS strategy to unite diverse actors, not of arrest and detention of members and GIS to produce maps to monitor just affected landowners and to as a result of activism.198 The Sierra land deals and document human rights offset divisive tactics. For example, Leone Network on the Right to Food violations.200 Studies and publications the formation of the Malen Affected (SILNORF) promotes peaceful ways have brought evidence of the negative Landowners and Users Association of resolving conflicts at local level effects of land deals to the attention of (MALUA) united those with a legal and gives support when the abuse of the local population.201 claim to the land, and those who human rights is a risk. This includes depended on the land. Forming and using multi-stakeholder forums to registering the organisation allows them promote dialogue and to respond to speak with one voice, and to be a when communities or individuals are strong interlocutor at national level. threatened.

34 Land Matters: dispossession and resistance The involvement of women in As a form of direct protest, farmers International civil society resistance is complicated by have written letters reporting unethical networks have been important for widespread discrimination, practices around land deals to the disseminating evidence about land particularly in relation to the ownership national Human Rights Commission. deals and human rights violations of land. While there are some variances Other tactics include blocking roads in Sierra Leone, putting pressure in how women can participate in and equipment, and resistance to on companies, donors and the decision making in relation to land intimidation through court action. government. Valuable support has ownership according to the region of also been given to convening national the country – in general cultural norms The government has shown some events. Some prominent examples mean women are excluded. There has concern about the naming and shaming include the 2012 BBC Land Debate: Is been increased momentum however campaign adopted by local civil society. ‘land-grabbing’ good for Africa?205 by civil society to involve women’s In some cases, foreign investors have which focused on Sierra Leone. In groups on the issue of land, including responded to the research carried the same year the UNDP led the first a conference focusing on women’s out on the negative impacts of land national conference on women and access and ownership of land. deals on industrial agriculture on the land, which brought together women environment and people’s livelihoods from across the country, activists, the Christian Aid partners reported women by expressing a will to engage with civil government and NGOs.206 are becoming more vocal. Women society. have been involved in direct resistance against land in some cases, with one A national conference organised by reported case of a woman standing in Green Scenery in June 2014 advocated front of a bulldozer refusing to allow a that all land related laws to be reviewed company access. and updated every five years in order to remain relevant and for consultation Economic necessity and dependency and consensus to be attained for all on land has meant that women are land acquisition affecting communities forced to take employment with across the country.204 companies involved in large scale acquisitions- further complicating their involvement in resistance.

Advocacy has also focused on national laws and policies. For example, in the North of Sierra Leone, community groups pushed for the passing of local by-laws to strengthen the application of national laws already in place. One such law provides for protection of land for women farmers and prohibits the lease of land without the approval of women farming that land first.202 There is also a focus on getting a fairer deal and ensuring environmental protection through Local Content Policies and Community Development Plans. This is a pet project of the Government that is now being used as a focus for advocacy, to make sure it is used properly.203

Land Matters: dispossession and resistance 35 Using media and solidarity networks to Summary: Sierra Leone draw international attention to human rights abuses has been a dominant Overall responses to land deals approach. These tactics have been in Sierra Leone have focused on significant for pressuring companies to generating awareness and empowering abide by more ethical procedures and communities to engage with companies for tempering government responses and to appeal to national authorities. to resistance, and creating space for officials to listen to civil society Christian Aid’s partners feel that civil concerns. There has been direct society cannot stop the government engagement with companies and there opening the economy to large- is some evidence in success in slowing scale investment. Activism tends to down land deals and changing the be limited to revising the terms of terms of incorporation more in favour of incorporation in specific land deals and land owners and users. securing greater balance between the promotion of large-scale agribusiness The legal route has yet to be fully and smallholder commercialisation tested. Longer term strategies to in national policy. Mass protests at improve the land law and strengthen national level have not taken place, governance may help to prevent abuses although awareness is growing about in future land deals, but are unlikely to the impact of land deals. reverse the trend of promoting land deals. At local level, individuals and communities face sustained obstacles in responding to land deals, in securing appropriate compensation and incorporation and in seeking justice for human rights violations.

36 Land Matters: dispossession and resistance The Israeli Palestinian conflict is often A significant asymmetrical power The occupied Palestinian described in existential terms with both imbalance, the lack of a viable peace territory (OPT) sides claiming that the land is theirs process and deep Palestinian po-litical Introduction and central to their respective secure divisions have meant that Palestinian futures. Israel remains unclear about civil society has had to resist land what it considers its national borders and natural resource loss outside the As with all the case studies in this to be. In the absence of meaningful framework of state institutions. report, context is critical in order to challenges, Israel has formally appreciate why different community annexed both the Golan Heights and Despite the differences with the other groups adopt the strategies they East Jerusalem while developing case studies, there are similarities. do. However, in the case of the settlement blocs in the remaining The Palestinians routinely experience occupied Palestinian territory occupied territory, thus, creating “facts human rights violations and should (OPT) there is a fundamental on the ground” at the expense of the have recourse to the protection difference that Palestinians have Palestinian population. that the law affords. Whether it is to confront which is absent from due to large corporations, weak the other three. Civil society and This is not the place to assess governments or nationalist aspirations, community groups in the OPT are competing claims, suffice to say that loss of land creates vulnerability and resisting what they consider to be it is incontrovertible that the impact increasingly marginalisation for affected an illegitimate occupation which of Israeli policies and actions on the communities. denies their sovereign right to Palestinians includes substantial self-determination while displacing historical and ongoing displacement and many from their land. dispossession. Indeed the international community is clear that the physical manifestation of Israel’s occupation, the settlements and related infrastructure, is illegal under international law.

Palestinians in the OPT are not seeking equality within an Israeli state, or for Israel to introduce land reforms in the West Bank. Their strategies are designed to support the concept of ‘sumud’ or steadfastness. They are resisting Israeli controls and land seizures through legal challenges while adopting resilient livelihood strategies that will help them to stay on their land.

Such approaches are not intended to replace a political solution to this conflict. Without such a solution that is guided by international law and reverses illegal acts, it is hard to imagine a viable lasting peace. Arabiya Shawamreh in the rubble of Beit Arabiya, demolished on 01 November 2012 for the sixth time. Beit Arabiya was an ICAHD Peace Centre, and was also once the Shawamreh family home. Christian Aid / Sarah Malian

Land Matters: dispossession and resistance 37 a system of military control over the 100 illegal Israeli settlements that Background Palestinian population, towards which are home to some 530,000 Israelis. it has obligations under international 42.81 per cent of the West Bank has In 1947 the United Nations called law. Approximately half of the total been allocated by Israel to regional for the partition of Palestine, which Palestinian population, which is settlement councils for settlement proposed to designate 54% of the land estimated to be about 10 million, lives construction shrinking the space to the Jewish population and 46% to outside the OPT as refugees.210 Within available for Palestinians to live and the Arab population, who comprised the OPT, 45% of those who live in the develop sustainable employment. two-thirds of the total population of West Bank, including East Jerusalem, Palestine. and the Gaza Strip, are classified as According to the United Nations, refugees by the UN. This report will in 2012, 25% of Palestinians in the As a result of ensuing protests against highlight strategies of resistance of West Bank and 54% in Gaza were the plan, the unilateral declaration of Palestinian communities living in the food insecure,211 with 12% at risk the state of Israel and subsequent OPT. of becoming so. The international armed conflict, approximately 750,000 community has supported Palestinians of an estimated 900,000 Palestinian Developing and sustaining resilient with significant humanitarian aid. The Arabs who were living in the area that livelihoods is a constant struggle OPT was the third largest aid recipient comprised the emergent state of Israel for Palestinian communities in the in the world in 2011.212 Christian Aid fled or were forcibly removed from their OPT. Palestinians have progressively recently highlighted how billions homes. Those who left were dispersed lost land since 1967 when the have been poured into Palestinian primarily to Jordan, Lebanon, Syria, the occupation began which has been ‘development’ aid, while Israeli actions West Bank, the Gaza Strip and Egypt. accompanied by violent conflict and have fuelled ‘de-development’ and economic decline. undermined a viable Palestinian A further 30,000 Palestinians also left economy by occupying more land for their homes but remained within the The Oslo Accords of September 1993 illegal settlements in East Jerusalem borders of the new Israeli state and, failed to deliver significant change and the West Bank and restricting thus, were internally displaced. They on land issues or to truly enable the access and movement for people and have never been allowed to return Palestinian Authority, which was goods.213 to their homes and villages in Israel, established under the Accords to despite the fact that they are now tackle poverty eradication. Despite the amongst the 2 million Palestinians who Accords being premised on ‘land for are Israeli citizens. Their homes and peace’, some 60% of land in the West land, like those of other Palestinian Bank (Area C) was allocated under refugees, were either destroyed or Israeli security and civilian control, given to Jewish immigrants.207 resulting in the land being used for illegal settlements and infrastructure The state of Israel was established for the state of Israel. Area C contains on 78% of the land area of Mandate natural resources and land which are Palestine, on more of the land than essential for Palestinian economic had been envisaged in the United growth. Nations 1947 partition plan which the Palestinians did not accept.208 It is virtually impossible for Palestinians to obtain building permits in this area An Armistice Line created a temporary and community buildings and essential ceasefire boundary which has remained infrastructure, such as water cisterns, in place ever since. The OPT is one are routinely demolished by the Israeli territory comprised of separate pieces Authorities with the rationale that they of land - the West Bank (including are not permitted to be there. East Jerusalem) and Gaza - and has been under Israeli occupation since Across this area, which includes 1967. 209 This means Israel maintains East Jerusalem, there are more than

38 Land Matters: dispossession and resistance The Bedouin people have been denied In the OPT, land is one of the main The evolving context of access to customary pastoral land, sources of conflict, especially the land issues in the OPT which even in colonial times was never expansion of Israeli settlements registered. and Israeli occupation of East The military control and occupation Jerusalem- both of which are illegal of Palestinian territory is comprised Thousands of Palestinian homes were under international law.219 The illegal of a network of what the Israeli state destroyed and more than 108,000 settlements fragment the Palestinian calls ‘security apparatus’ including people left homeless in 2014 in the territory and restrict Palestinians from checkpoints, the separation barrier and Gaza strip as a result of the seven week accessing critical water and farmland.220 other infrastructure to enforce closure. bombardment by Israel. Many families in Area C of the West Israel has expropriated land and used it Christian Aid partner Palestinian Bank are forced to live under house for illegal settlement construction and Agricultural Relief Committees (PARC) demolition orders. controlled the Palestinian population in witnessed huge losses of agricultural a way that greatly impedes economic land and fishing boats; destroying the growth. The occupation has a direct Responses to livelihoods of thousands of farmers and impact on the Palestinian economy dispossession in the OPT fishers whose way of life depends on and, as such, on Palestinian people’s farming and fishing. The Israeli occupation circumscribes livelihoods. and delimits the scope and nature of The blockade imposed on Gaza since resistance to forced changes in land The World Bank estimates that 2007 has had severe economic and use and confiscations. The character of Israel’s sustained control of the West social effects. Alongside the blockade, the occupation limits the possibilities Bank has resulted in a loss to the Israel also increased restrictions on for resistance, since any perceived civil Palestinian economy of $3.4 billion.214 access to farmlands and fishing areas of disobedience could lead to detention Israel controls access into and out the Gaza Strip. Between June 2007 and or life-threatening attacks. At the same of the OPT and imposes significant July 2013, 127 Palestinian civilians have time, Israeli forces actively protect movement restrictions within the OPT, been killed, and 761 injured by Israeli the illegal settlers and fail to protect discouraging private sector investment forces enforcing the access restricted Palestinian civilians from attacks and undermining internal and external areas. Between 2006 and 2012, an by settlers, employing two distinct, trade. Israel’s policy of movement and estimated 25km of cultivated land in the discriminatory systems of law in the access restrictions undermines people’s access restricted areas were levelled by protection of civilians in the OPT. access to work, trade and, for some, to Israeli forces. their land. The capacity of the Israeli state to Until 2012, access restrictions on counter and undermine contestation A recent development is the approximately 35% of all agricultural of land policies has had a number of construction of the 712km separation land in Gaza have resulted in a loss effects. In 2002 the Palestinian Land barrier, built largely on occupied of agricultural produce valued at 50.2 Authority was established to look at Palestinian land, contrary to million USD per year.218 In 2014, with land registration and protection of international law.215 Palestinians must the blockade entering its 8th year, and land related rights, and a national land apply for permits from the Israeli Civil compounded by the summer offensive, policy framework was developed in Administration to build on their land in the humanitarian situation in Gaza has the Ministry of Planning. However, certain areas; in practice, it is almost deteriorated further; UNOCHA’s 2014 major issues of control, oppression and impossible to secure these permits.216 Gaza appeal calls for support to an restriction caused by the occupation As a result, the Palestinian agricultural estimated 490,000 people in need of mean that land issues remain at the root sector has been devastated, by immediate assistance and calls for $292 of the conflict. losing access to 40% of West Bank million to meet the food security and land- often connected with the illegal shelter requirements of the population. settlements, 82% of its groundwater, There continues to be a lack of certainty and more than two-thirds of the grazing in enabling people to access land and land.217 produce sustainably.

Land Matters: dispossession and resistance 39 Despite some attempts at reform, the Working with Churches has been There’s freedom of information vast majority of Palestinian land remains critical for international advocacy, legislation in Israel, it’s part of unregistered. Some organisations have especially in the United States, and their public image, they are not as expressed frustration that land has not increasingly in Europe also.221 transparent as we would like them to been prioritised, and no development of be.’224 a national strategy that CSOs suggest Activities include reclaiming land and would help defend those affected by planting olive trees in those areas where New, non-traditional forms of youth confiscations. trees have been destroyed, alongside activism are having a positive speaking tours in the United States. impact in both consolidating International solidarity and Significantly, Christian denominations international support and in making advocacy has become an important that Christian Aid and partners have land a national issue, despite the part of exposing and challenging been working with were among the fragmentation that occupation illegal confiscation of land in the first churches to begin divesting from causes effectively separating people OPT. companies which support illegal physically from each other. settlements. Partnerships with regional and global Youth street protests and human rights networks support links The support and solidarity of demonstrations around settlements and between organisations working on international organisations policies have been organised beyond various aspects of dispossession and alongside Israeli peace groups has NGOs and political parties, and caused other human rights violations across also been critical, in particular in the concern among Israeli authorities. OPT. Christian Aid engages with the form of protective presence. Mass arrests of large groups and the Euro-Mediterranean Human Rights intensification of surveillance and data Network, and develops strategic For example, in Yannun village in the collection took place in the aftermath advocacy through our membership of West Bank ecumenical accompaniment of protests and in the wider context of the ACT Alliance. Such partnerships is needed on a 24-hour basis to protect political mobilisation in North Africa and support a movement to join the work villagers from attacks from illegal Israeli the Middle East from 2011. of grassroots civil society in OPT outposts.222 with international advocacy- they are In 2014, Christian Aid continued its therefore valued by those involved. An Israeli peace group highlighted: support for non-violent youth activism across OPT, including linking young International advocacy strategies in ‘We welcome the presence of people across political boundaries. the 1980s focused on documenting international supporters. It makes the This approach has proven effective and presenting human rights army respond better. Israeli peace in terms of empowerment on issues violations and calling for Israel to and human rights organisations have related to land resulting, for example, respect international humanitarian been one channel. Israeli protestors in the connection of marginalised law which was undermined by the face less aggressive treatment in communities to infrastructure such absence of a similar call in the Oslo arrest and detention.’223 as water and electricity. However, in Accords. As one civil society actor the wake of the war in Gaza tensions stated: This was supported by an Israeli human escalated across the West Bank and rights group: East Jerusalem, sometimes resulting in Strategies now encourage foreign violence. These were met with violent governments to use appropriate ‘...these organisations may have repression and widespread arrests. leverage in order to pressure Israel more success in getting a response to comply with international law and from Israeli authorities than respect the rights of those under Palestinian counterparts. [the Israeli occupation. This now includes authorities] see [Israeli human rights ensuring that third party states are organisations] as a hassle but a not complicit in any human right hassle they have to respect, they violations or breaches of the law by don’t have to respond to Palestinian facilitating illegal acts, including any human rights organisations. act that sustains illegal settlements.

40 Land Matters: dispossession and resistance Keeping hope alive is a key issue. Women in many rural areas play a Organisations such as B’Tselem (the The PARC works on developing the central role in cultivating land and where Israeli Information Centre for Human communities’ sense of resilience resistance takes the form of returning Rights in the Occupied Territories) and survival. Within the OPT, PARC to land they have faced arrest and monitor human rights abuses and use encourages farmers to work attack.226 this information for advocacy. There collectively and promote agricultural is also a strong focus on mapping and development and diversification of Using litigation and legal advocacy historical documents to track changes produce in spite of the restrictions is one of the principal methods in land use and planning, and to ensure imposed by the occupation. to contest land confiscations and that records exist for historical villages their effects. Without the support of and tribal areas.228 B’Tselem also runs a YWCA works with women, offering NGOs or international groups, the cost camera programme, supplying cameras a space for women’s voices to of legal action is usually prohibitive. to community members to document be heard and to understand the In a context where the law is used in life under occupation, gathering differences in how men and a discriminatory way, to consolidate evidence of violations including the women experience the conflict and power of the majority over the minority, reality of checkpoints and the behaviour displacement. They support women’s taking legal action is fraught with of the military forces and the settlers.229 voices through a campaign by and for complexities. Often the strategy for The cameras provide an element of women enabling them to express their legal action does not relate to land protection as well as bringing front aspirations, describe what happened but to planning, for example seeking line evidence to feed into briefings to their villages and supplemented this to protect existing schools and tree for the international community. They with research on the different ways plantations rather than challenging the also serve as part of awareness and men and women see conflict and how land confiscation itself.227 education activities targeting the Israeli they are affected differently.225 public. Other issues relate to setting a negative In general women in the OPT can precedent and legitimising a legal The video evidence generated serves face two levels of discrimination – system that differentiates between as evidence in court when seeking from the Israeli authorities and from populations based on nationality. This accountability or when people the predominantly traditional and means organisations use legal action in have been arrested arbitrarily or patriarchal attitudes in Palestinian the knowledge that it has limited value, inappropriately. Most researchers tend society. The participation of women because the Israeli Supreme Court to be men and therefore they have a in resistance to land issues is varied tends to defend its own state policies higher portion of male testimonies. as a result. Some Christan Aid partners on land. B’Tselem are addressing this through found the participation of women in gender training. activism very low while others had The monitoring and documentation dedicated training or capacity building of human rights abuses related Direct action and protest also of women to specifically engage them. to land is another approach to takes place. Displaced villagers in the More men than women are victims of protection and advocacy work. In West Bank have defied military orders violence and arbitrary arrest. Yannun the ecumenical accompaniers and returned to their land, exposing from the World Council of Churches themselves to arrest and detention The critical role of women in Ecumenical Accompaniment by the Israeli authorities. For some, building resilience and supporting Programme in Palestine and Israel resistance means staying despite men and families to stay on (EAPPI) document abuse by settlers, repeated attempts at forced eviction their land was highlighted as an arrange international visits and and harassment. In boundary areas often under-recognised form of encourage global media outlets to of the Gaza strip some families remain resistance. Additionally while women cover the issue. Following a house in the face of huge personal risk and may not be recognised formally in demolition they will record the name of threat to life. In Area C of the West community leadership roles they exert every villager whose home has been Bank the European Commission is a huge amount of informal influence on destroyed and supply this information to funding a project to expand agricultural how resistance is shaped. the UN. production, effectively countering Israeli policy.

Land Matters: dispossession and resistance 41 On-going contestation and resistance to Legal actions have a very low rate of In the absence of a viable peace land confiscations have not been able success and the impact is primarily to process that brings an end to impunity to stop Israeli actions in the main, or lessen the harm experienced by people and hold all those who breach significantly challenge the injustices of losing access to their land and homes. international law to account, the issue occupation, but there has been some Community mobilisation empowers of land loss and access will not be impact in terms of limiting the potential populations but offers only limited hope. solved. Thus a remedy requires a damage to individuals. Sometimes Individual cases and direct protests political process that is underpinned by protests simply stall demolitions, but highlight the common issues, but there international law and supported by an even a small gain in time is valuable for are serious difficulties coordinating civil impartial but determined international the people involved even if it doesn’t society organisations. community. actually change policy.230 The challenges of occupation and In legal actions, the results are discrimination can fragment the work of poor through the Israeli system.231 civil society organisations in their legal Compensation has been received as actions and activism – but engagement a result of cases, but the amounts in international advocacy and with received are low. There is hostility international human rights networks among Palestinian communities presents opportunities for overcoming towards accepting compensation, as this fragmentation. this can be viewed as submitting to the Israeli occupation and a rejection of the land related rights of the Palestinian population.232 Summary: OPT

Overall, responding to land confiscation, forced eviction and demolition of houses in the OPT is complex and enmeshed in the dynamics of the on-going conflict. The overwhelming power of the Israeli state to restrict protests and activism and to change tactics to ensure the implementation of land policies that discriminate against Palestinians, severely limits the scope of resistance.

As a result, international advocacy is critical for giving moral and economic support to affected communities, for documenting and publicising human rights abuses and violations of international humanitarian law, and for securing international pressure on the Israeli state. At the same time, international attention to OPT is divided All that’s left of the Abu Aram house that was demolished in Ad Deirat village on the morning of 6 November 2012. Christian Aid / Sarah Malian and largely without sufficient political will to effect lasting change.

42 Land Matters: dispossession and resistance Dispossession and resistance in other countries where Christian Aid works

233 6% of communities have received titles Global Witness documents the alarming A snapshot view: Brazil to date. numbers of deaths of activists: 448 between 2002 and 2013. Information is Forced evictions to facilitate large- The election of a left-wing government difficult to get hold of and there is very scale land acquisitions in Brazil reflect in 2002 raised expectations of weak progress in securing convictions. profound structural inequality: Brazil greater agrarian reform and land titles The report declares that Brazil is has one of the highest concentrations for indigenous and Afro Brazilian the most dangerous place to be an of land ownership in the world. Since Quilombola communities, but the environmental and land defender.236 colonial times, ‘empty’ lands have been agro-exporting model has dominated. appropriated, leaving huge estates The exploitation of land and natural under the control of single landowners, resources, with a leading role for and dispossessing people who live and the state, has intensified along with depend on the land. the growing involvement of foreign companies.234 Now 1% of landowners control 46% of the rural lands, while there are In this context, the language of around two million landless families. resistance to land deals and to Weak regulation means that land forced evictions in Brazil varies, invasion and dispossession continue although concerns about the to take place. violation of human rights cut across different approaches. Christian In some cases, these are driven by large Aid partner Movimiento Sem Terra energy and mining projects, with the (MST) - Landless Movement - has involvement of powerful state agencies grown since the 1980s representing and multinationals. For example, the the interests of peasants and small construction of dams affected over producers, arguing for the right to one million people who were forcibly land. evicted from their homes. Tactics have focused on collective There is no single land registry or action and the Constitutional right coordination between agencies working to occupy unproductive land, which at federal, regional/state and municipal has resulted in access to land and level. Multiple titles can exist for the livelihoods. However the challenge will same property, and corruption exploits be for farmers to remain on the land weaknesses in the systems. and sustain viable alternatives in the face of the expansion of large-scale The Constitution of 1988 stated that all projects.235 The partner Pro-Indigenous indigenous land should be regularised Commission (CPI) seeks the right to by 1993. But successive governments land as central to the protection of have had strong associations indigenous and quilombola culture and with the interests of agribusiness, environments, and protection from mining companies and hydroelectric land invasions. Environmental activism construction. Progress towards has also been a dominant feature in implementing these Constitutional the Brazilian context, attracting violent obligations was undermined, and only responses from landowners and loggers.

Land Matters: dispossession and resistance 43 As a result, a National Land Reform Another march in 2012 took place to 237 A snapshot view: India Commission was created to develop advocate with the government to and reform land policies to meet the follow up on its commitments, involving Landlessness, land inequality and demands. at least 50,000 people. Other advocacy conflicts over land are rife in India, activities include direct engagement and tend to affect members of These included the establishment with a range of government ministers excluded groups such as Adivasis of a National Land Authority, a fast- and state agencies. International (indigenous peoples) and Dalits track courts system to deal with land networks have been an additional (formerly known as ‘untouchables’) conflicts and setting up a single window source of support and solidarity. disproportionately. for dealing with land issues, to make it easier for farmers. Discrimination against excluded groups, and associated extreme power From 2006 the Forest Rights Act was imbalances, mean that the majority of introduced giving Adivasis and other landless and landed poor not only lack forest dwellers certain rights to the political voice but also face violence land, classified as forest. This legislation and other forms of retribution if they has been used to protect people from become involved in a land dispute dispossession, and Ekta Parishad or challenge dispossession. The fact has been campaigning for better of their landlessness or land poverty implementation of the same. also contributes to their vulnerability to exploitation (for example as wage labourers or bonded labourers. In this context, the importance of collective action is paramount.

Ekta Parishad engages with government to bring about policy changes. Their demands draw on entitlements in national legislation and international human rights laws.

To attract national attention, massive marches or padyatra have been organised across state territories to highlight the plight of landless people, to raise media attention and to lobby the Indian Government to meet their demands for land reform. In contrast to other forms of advocacy, padyatra is organised through community mobilisation. Marches in 2005 and 2007 involved over 25,000 people on each occasion. Tribal chief Jumma, 70, stands in a field of mustard plants; on the land the Bajarangpura village community won rights to through long hard struggle. The community owns 23 hectares of land, on which they can now grow mustard plants, potatoes, wheat and groundnuts. Jumma and his wife Kamala marched in Ekta Parishad’s 2007 Janadesh march with over 25,000 other people. It was this, they said, that gave them the knowledge of their rights and the strength they needed to continue fighting for their land rights. Christian Aid / Sarah Filbey

44 Land Matters: dispossession and resistance Supporters at a public meeting in Ranchi, Jharkhand. The Jan Satyagraha 2012 campaign belongs to, and is rooted in the experiences of, the Indian people. Yet Ekta Parishad stresses the supreme importance of global solidarity to this campaign, striving for justice on a very global land issue. ‘This is our strength’ says Rajagopal, Ekta’s president, ‘and the success of Jan Satyagraha will again be based on how much solidarity support are we able to get.’ Christian Aid / Simon Williams

Christian Aid has been working with partner organisations involved in civil society platforms associated with Ekta Parishad.

Ekta Parishad is working on rights related to land. It works to ensure land distribution, and to protect access to livelihood resources. It has grown over the past 25 years and now encompasses around 11,000 community based organisations in a number of states: Madhya Pradesh, Chhattisgarh, Bihar, Jharkhand, Orissa, Maharashtra, Gujarat, Rajasthan, Utter Pradesh, Uttarrakhand, Kerala and Tamil Nadu.

Building on popular mobilisation, becoming a national movement entailed the creation of a national core team of land and human rights experts and carrying out a series of thematic consultations.

The movement adheres to the Gandhian principles of non-violence, and the advancement of self-reliant communities and local governance.

Land Matters: dispossession and resistance 45 A snapshot view: South Taking overt action is risky in South 238 Africa, and often attracts a violent Africa response. In Cato Crest, Durban an influx of people moving to the city from Despite legal protections, millions rural areas led to increased demand for of South Africans live in conditions houses. But authorities failed to provide of insecure tenure.239 Residents of new homes and there was evidence of already existing settlements face corruption in the allocation of existing eviction and threats of eviction as a houses. People then began to build result of infrastructure and development their own homes on vacant land. projects. The expansion of already existing settlements is severely blocked The response of the police force was by the state, and the establishing of any brutal, with people forcibly evicted and new settlements through occupation of beaten and homes and possessions land, is crushed by both the state and destroyed by bulldozers. In Durban private landowners. in 2013 alone, six people were killed while being evicted and 60 The International Churches’ Land have received death threats over Programme focussed on supporting protests.240 resistance for the protection of settlements from state violence and Undeterred, the residents of Cato on the safety of movement leaders. Crescent organised protests including The following examples from 2013 letter-writing, direct engagement with demonstrate the types of response officials and leaders, and blockades. coming from communities, and the role These protests attracted further of international advocacy. violence from state authorities, and some prominent leaders were killed. In one case in Ehlanzeni in the KwaZulu After this, the people sought support Natal, the International Churches have from beyond the community and supported communities. Here women the political party system to raise are working to strengthen land tenure awareness of human rights violations in informal settlements and secure and threats to life, and of the general the provision of basic services and situation of housing. The international infrastructure. After little response from churches signed letters for the attention local leaders, people are losing faith in of the authorities in support of the party politics and in the commitment of people. representatives to fight their case.

A boycott of future elections is planned and they are taking action themselves. The community has written directly to the local Mayor and requested meetings. Although as of yet it has been difficult to get a response from the authorities, people have been buoyed by taking direct action and by the support of the Rural Network and the Churches Land Programme.

46 Land Matters: dispossession and resistance In 2011, the proposed construction This example highlights how overt Other snapshots of road through the park prompted tactical action can be limited in the face an enormous protest march by the of government indifference. A recent report by the Pesticide Action indigenous groups, along a 500km Network Asia,241 described a series of route from the Amazon to the capital, In contrast, activism in the Tana cases of resistance of land deals. While La Paz.242 The road project was seen Delta in Kenya, in the form of an in most of these cases in Indonesia, to violate environmental protections as alliance between pastoralists and Sri Lanka, Pakistan, the Philippines well as the Constitutional protections of conservationists resulted in lawsuits to and Malaysia, the land ‘grabber’ is the indigenous groups. halt the activities of sugar companies not foreign, in many cases the state involved in land deals, focusing on land declared the relevant lands as ‘idle’ or After violent clashes with police, the issues in the Constitution as well as government-acquired, and colluded with government capitulated and passed a human rights issues. The disparate local elites to fast-track the change in law to permanently protect the zone, interests were united against the land ownership and control. stopping the construction of the road. deal proposed by the sugar companies, But the issue remains divisive in Bolivia: but do not share the same vision for Responses by the communities the law was never implemented and the how the land should be used. affected in each case varied widely, but struggle to ensure fair consultation and the narrative places the responses in a participation of indigenous communities From this activism land deals in the broader context of resistance. This was in future projects in the area – including Delta were put on hold and some couched as lobbying for redress for road projects – continued.243 In 2013, investors pulled out of the region, violated rights, as well as resistance to the national indigenous umbrella group as the government undertook the large-scale commercial agriculture, and CIDOB took the case to the Inter- development of a master plan for opposition to tourism projects when American Commission on Human land use in the region in consultation these projects endanger traditional and Rights.244 The government later with local communities.248 This case small-scale forms of agriculture. postponed road construction for three illustrates that coalitions of diverse years, until the end of 2015.245 interests can act together to stop land Although the report noted many projects, and at least leave space for positive aspects of resistance including In Kenya, Amnesty International has greater public consultation on strategic awareness raising, cooperation with highlighted how the construction of alternatives. other sectors to create alliances, and new roads and urban developments coordinated political and legal action, has led to a number of mass forced A recent report249 from the NGO success in stalling land projects was evictions from informal settlements GRAIN, which supports small farmers, achieved in only two of the cases in the capital Nairobi, contravening documented successful grassroots described. national laws.246 opposition to large scale land deals, includes Tana Delta case in Kenya, In the Southern Amazon region of In one area, community organisation the withdrawal of investors from Bolivia, Christian Aid partners help and activism has sought to anticipate Madagascar and other cases in Ghana, communities avoid and manage the forced eviction. The Deep Sea Argentina, Peru, Uganda, Senegal, conflict between communities community, home to at least 12,000 Mozambique, Cameroon, Tanzania, and the police and companies; people, lies in the path of a major EU- Niger, Colombia and the Philippines. and support many families to funded road construction project that if Comparing the cases, the report make a living from the forest in a executed as planned, will run through focused on the legitimacy of the groups sustainable way. the settlement. After initial secrecy, responding to the land deals, their constructive engagement has taken capacity to command a response from In 2009, the Mojeño-Ignaciano, place with the Kenyan Urban Roads government, and the use of a variety Yuracaré and Chimán indigenous groups Authority, responsible for the project. of legal, political and direct action received the title to the land where Formal meetings and consultations tactics.250 they live, farm and hunt. Their territory have taken place with residents, but is over a million hectares and forms people in Deep Sea still live under the In all cases, the capacity of people and part of the national park and indigenous threat of eviction, with little information, organisations to react and challenge territory TIPNIS. official recognition or support.247 the actors involved in negotiating and

Land Matters: dispossession and resistance 47 implementing land deals was critical. smaller projects. Success also seemed to rest on the responsiveness of the home state, Successful contesting of state-led the responsiveness of the investing policies may simply result in a change company (and its state of origin), the of tactics by authorities, changing laws legal context and the political leverage or procedures to undermine resistance of the mobilisers. and implement land use changes in urban and rural settings by other The language used to express means. grievances was framed in a variety of ways, depending on the context: As a result, the outcome of resistance would seem only rarely to mean the • Environmental costs (in terms of transformation of agriculture, or the money) reversal of state-led development policies, and many, if not all, of the • Conservation and ecological values underlying issues around land tenure and the governance of land deals • Livelihoods needs remain unresolved. All of this reinforces the importance of power relations • Indigenous rights for shaping the response to forced evictions and land deals, and for setting • International conventions the scope of possibilities for the desired outcomes of resistance. • Nationalism

Overall, tactical responses opposing large scale acquisitions have produced results in some cases. Local people have secured better inclusion in the terms of a land deal, either through sub- contracting of the land, or by securing better terms and conditions for workers in the new commercial agriculture enterprise.

It is notable that in many cases successful challenges mean that land deals have been stopped or suspended. This demonstrates that everyday resistance, alongside more open and overt actions, can have powerful effects. Political dynamics at the local level cannot simply be ignored and overwritten through forced eviction, and the potential for land deals to stoke resistance represents real risks to investments. However investors may continue to look for other suitable sites, or revisit the same area with a series of

48 Land Matters: dispossession and resistance Findings

Although many are opposed to the land In Colombia, the legacy of protracted Resistance in the case deals altogether, activism tends to focus internal armed conflict means there is study countries on getting better terms of incorporation. still a stigma attached to protests over These processes are valuable for land – nonetheless a national protest Despite the challenges and power gathering evidence about the impact of did take place over land being seen as dynamics that organisations and land deals on strategic issues such as a commodity in the context of the free communities face, resistance has food security, agricultural development, trade agreement with the US, and these been a feature of all the case studies water and livelihoods. issues are on the agenda of on-going included in this report. peace talks. In Sierra Leone, national Unequal gender dynamics, alliances are only beginning to debate It is typically the most marginalised that discrimination and patriarchal the nature and impact of land deals. lose out when dispossession happens, norms complicate the involvement groups that are often least well placed of women in resistance in all In OPT the Israeli state overtly controls to resist. In the face of hugely unequal countries. Men tend to be the most the scope for responding to land power relations, vested interests and active in direct protest and face higher confiscations.Weak governance and restrictions on civil society, individuals levels of physical threats, however in a lack of meaningful transparency either use everyday resistance or OPT, Angola and Sierra Leone women facilitate forced evictions, unethical organisations mobilise and coordinate were also involved in direct action land deals and undermine a focus on with others. At the same time civil against dispossession. In recognition of the poor. Corruption, social conflict and society is neither united nor uniform how women’s exclusion and inequality political polarisation as a result of forced in any of the contexts studied and is connected to the issue of land, civil evictions and land deals threaten to also subject to co-option- the fact that society in a number of the countries weaken further state-society relations genuine movements and solidarity has established dedicated training and and disempower the poor. initiatives have emerged is encouraging. support for women’s groups. National power dynamics constrain In Colombia, some long-running Women’s resistance can sometimes the responses at local level. The campaigns to restore land to people be manifest in intangible and power of exclusion held by political dispossessed illegally have been informal ways. elites, MNCs and state agencies successful. Communities have endured that promote urban regeneration and intense and protracted violence and In OPT both men and women identified large-scale land deals is keenly felt in intimidation. In other cases, this acts as the importance of women’s supportive the affected communities. The power a deterrent for action. After numerous role in the family in building resilience to ‘buy’ the support of local leaders forced evictions in urban areas of and cultivating desire to stay on their in Sierra Leone, to block and repress Angola, communities continue to push land. Gender dynamics, and the contestation and protest in Angola, and for fair compensation and participatory specific impact on women, remain the systematic collaboration between planning processes. under-examined in the context of paramilitaries and the state in Colombia, forced evictions and land deals. act as a powerful deterrent to action. In OPT, activism aims to highlight and record abuses, and to limit the Power dynamics have undermined These dynamics also circumscribe the damage suffered by people. In rural opposition to policies at national terms of inclusion in particular land areas of Colombia and Sierra Leone levels. In Angola, it is challenging deals and condition the responses communities are working with NGO and dangerous to openly contest the from communities. In OPT, Palestinian support to engage with the actors interests behind forced evictions and communities are excluded from driving land deals: local government, the promotion of land deals, presenting influencing land confiscation as a state authorities, agents, contractors barriers to large-scale collective action. result of the way in which the law middlemen, and the multinationals discriminates against their rights, with themselves. the appeal process often superficial.

Land Matters: dispossession and resistance 49 Land issues intersect with complex Elsewhere, more general environmental However typically human rights political dynamics in countries concerns have been used to justify are subordinated to commercial marked by conflict. In Sierra Leone opposition to land deals. For example, interests in urban projects and land deals have caused severe conflicts Green Scenery in Sierra Leone large-scale land deals. The right within families and communities, builds its advocacy on environmental to adequate housing is frequently precluding unified responses from considerations. In Colombia there is ignored in forced evictions while there communities. In some cases new significant recourse to the language is evidence of human rights abuses ‘civil society’ organisations have been of international conventions and the in state reactions to protest and established in reaction to specific regional human rights framework, opposition. The right to food is often land deals to guard against such as well as provisions in the national neglected. Principles of free, prior and deals - further complicating local constitution, as a means of contesting informed consent are frequently ignored dynamics. In Colombia protests against individual land issues. in the negotiation of land deals. dispossession have merged with protests against free trade agreements, Provisions for indigenous rights and Most organisations use national which has helped publicise both issues. pastoralist rights at national and laws to challenge dispossession. international levels have been a focus in Legal actions are pursued even when Protestors against new urban some responses in Brazil, Colombia and the law itself may be a problem, construction projects and land in Angola. In Angola advocacy actors when the judiciary may be biased or deals are often labelled as ‘anti- use the language of the law and human politicised, or when it is clear that legal development’. This makes countering rights. The content of overarching actions will not fundamentally change land deals problematic. In the cases of national policies that result in forced the issue. Angola, Colombia and Sierra Leone, evictions and promote land deals are urban development and large-scale contested by Christian Aid partners, In Angola partners realise they may not land deals do not provoke a uniform although the term ‘land-grabbing’ is definitively stop a planned demolition response. At local level differences often unhelpful for advocacy with but they can focus on securing over the perceived benefits of land governments. compensation through advocacy deals have caused divisions. Still, mechanisms, both legal and non-legal. in light of growing evidence around The international human rights the negative impact of land deals, framework is used to exert external In Colombia legal strategies are opposition has grown. In cases where pressure on the state to act. In central – even though communities demolitions have affected not only the Colombia civil society organisations know they face violence, slow results poorest classes of society, campaigns have focused on the Inter-American and high levels of impunity. In the have sometimes had more success System (the Inter American case of OPT, legal actions have in garnering broader-based support Commission on Human Rights and secured small victories in delaying and provoking responses from the the Inter-American Court of Human demolitions, securing compensation authorities. Rights), and support from transnational for lands confiscation in principle and advocacy networks, to pressure the in challenging planning laws. In Sierra The language used in responses Colombian state to act. Leone the legal route has yet to be fully to land issues is varied, even tested. within countries and needs to be In OPT information and documentation nuanced to each context and the of human rights abuses and the opportunities for advocacy at local, impact of Israeli land policies is used national and international levels. to generate international pressure on In Colombia, there are responses that the Israeli state, including from the UN, focus on conservation as a means of the EC and leaders of other national opposing projects, using national park governments. designations, and biodiversity zones to protect land from development.

50 Land Matters: dispossession and resistance Taking on vested interests is Civil society space is threatened in In some cases, those directly dangerous and the need to assess the context of forced evictions and affected have used innovative risk and have protection strategies land deals. The power of exclusion tactics to resist dispossession. Civil is critical: activists have been held by those carrying out forced society organisations have facilitated killed, threatened, harassed and evictions and those driving land deals the participation of individuals and imprisoned. Fear of provoking such at national and international level communities affected in some responses has been a major deterrent minimises participation and makes innovative tactics to monitor land to more active protest. Direct responses protest and opposition dangerous. issues. In Angola communities have to dispossession have included letter- demarcated their own land territory. writing, lobbying of leaders and elected Local activism is grounded In OPT community camera monitors officials, negotiation, mobilisation of in community organisation, have recorded land related human rights marches and non-violent protests such mobilisation and advocacy. For the abuses. In India, collective non-violent as standing in front of trucks. most part, where Christian Aid works in mobilisation culminated in a series of these countries, responses to land deals massive national peace marches that However threats have been used to are peaceful. Actions have focused on led to political action to reform land undermine resistance. People have raising awareness about the details and policies and governance. experienced violent reactions from impact of land deals and strengthening state authorities in Angola, Brazil, the evidence about land ownership, Direct engagement with the South Africa and also Colombia, land use and land deals in given areas. private sector has been a feature where paramilitary organisations also In Sierra Leone, there has been a focus in some cases. The primary target for perpetrate widespread violence. Forced on transparency and accountability advocacy is usually the government or evictions and related protests in South leading to demands for the publication international actors. Africa have been associated with of the details of land deals. routine violence. However in some cases partners or Monitoring and documenting communities have engaged directly In OPT any suspected form of protest changes in land use underpins with the private sector. In Angola local can be viewed as civil disobedience advocacy. In Angola and Colombia government and the private sector leading to arrest and detention. In these documentation forms the basis for legal have been engaged to deal with land contexts, even ‘everyday resistance’ challenges to land deals, and for the rights of pastoralists. In Colombia, direct can be inherently dangerous. In Angola better implementation of laws. engagement and targeting of firms restrictions on freedom of expression, has taken place, but is only a minor with a media that is essentially state Establishing early warning systems has feature among strategies of Christian owned, help stifle any criticism of the been a focus in Sierra Leone, and to a Aid partners. In Sierra Leone, in some government. lesser degree in Angola. In Colombia cases, foreign investors have responded and Sierra Leone, documentation to the research carried out on the The presence of human rights of the negative impact of land deals negative impacts of land deals on defenders, solidarity networks has been used to ‘name and shame’ industrial agriculture on the environment and individual community leaders companies, provoking some response and people’s livelihoods by expressing a is vital. Physical accompaniment from government and the companies. will to engage with civil society. moderates the behaviour of armed Similarly, documentation and monitoring forces, offers support to communities of changing land use has been a key and provides a link to the international feature, but even these activities are community or national level advocacy considered subversive. targets.

Land Matters: dispossession and resistance 51 The media, specialised NGOs In Colombia, there are some cases Land deals and forced evictions and international actors help to of full restitution of land and control, have been linked to peace and challenge existing power dynamics. although violence and intimidation often national development. In Angola and Journalists reporting on land deals, continue. In others, communities have Sierra Leone, civil society organisations radio debates and even radio soap secured better terms of incorporation in see land as underpinning national operas have been important ways to on-going land deals. development and for ensuring peace raise awareness about land deals. in the future. In Colombia the agrarian However given the nature of power movement has developed alternative Specialised NGOs offer support to relations, positive outcomes are few, strategies for the use of land. Partners isolated and vulnerable people affected ad hoc and not guaranteed as legal have engaged with the issue of conflict by land deals. International journalism systems are still liable to be politicised related to land by trying to mitigate has also raised awareness. International and manipulated. violence and promote dialogue. In Sierra organisations have successfully put Leone and Angola partners promote pressure on governments and donors. In OPT successful challenges to Israeli peaceful ways of resolving conflict In OPT advocacy is only made possible policies to confiscate the land of a at local level. In OPT civil society through international support. Palestinian village provoked a change organisations continue to work at local in state tactics, with public services level to raise awareness of the critical In all four countries, careful withheld. This demonstrates that importance of land for peace and documentation of the violation of strengthening governance remains equality. human rights has been used, with a critical issue in all cases along with the support of specialised NGOs, to sustaining support to civil society actors Achieving strategic alternatives will raise international awareness. This challenging huge power struggles. be circumscribed by the international has had an impact: in Angola the and national political context, and the government made a public apology Tax justice issues are revealed in potential for coalitions to emerge that about one forced eviction; in Colombia land deals. Enticements such as tax can effectively challenge power and cases have been taken to the Inter- exemptions have been a significant bring about change. American Court of Human Rights; and feature of land deals in these cases. in Sierra Leone publication of cases of Natural resource management is repression have brought international undermined by the way in which and domestic public opinion to bear on land deals are carried out, and in the the government. In OPT there are now limited means available to respond established communication channels to environmental and sustainability between foreign embassies, UN bodies concerns through national systems and civil society networks on the and lack of adherence to international ground that contests the dominance of obligations. the Israeli government. Armed conflict and violence has only Some of the responses to recently been resolved in Angola and dispossession in these cases have Sierra Leone and remains an ongoing been more or less successful. feature in Colombia and OPT. Tensions However while urgent action is over forced evictions and land deals sometimes required in certain cases have the potential to reignite and of dispossession, these are long exacerbate conflict at local level and term, structural issues that do not undermine national stability. produce ‘quick results’ and need time and long-term investment and accompaniment by donors.

52 Land Matters: dispossession and resistance • At the local level, without pre- • Alternative proposals carry the risk of Lessons for resistance to existing organisation and an being labelled ‘anti-development’ and dispossession evidence base, responding to land radical. Civil society has to position deals is a race against time. The itself carefully with alternatives that The findings highlight a number role of specialised NGOs is crucial avoid this labelling. Other ways to of lessons that are relevant for in ensuring prompt action and counter dominant approaches are to programming in other contexts: supporting communities to respond. work through related land policies and development strategies. • Power analysis is important for • Early warning systems and pro- country staff working on land active strategies, rather than reactive • For the promotion of human rights issues seeking to understand how responses, offer better chances of in the absence of official safeguards, country programmes can target their at least securing better terms of using national and international response. Integral to this power incorporation or adherence to guiding networks to publicise cases of analysis is the need to understand principles and regulations for land violations and mobilise support the political settlement and the deals. Pro-active strategies also offer has proved to be very effective. incentives for stakeholders, in better protection to communities International accompaniment of local particular the role of elites. who are prepared to respond and human rights defenders plays an offer alternatives. important role, both as a deterrent • A holistic approach to gender and for bearing witness. analysis and inequality is critical for • Collective action and the coordination understanding how to respond to of civil society matters- particularly • International mechanisms have been land issues. The different impacts when civil society is fragmented. useful as a benchmark for behaviour, on men and women need to be Countering the power dynamics and in some cases for securing understood in order to respond to behind land injustice in each country better outcomes and as tools for their different, and common but context will require concerted exposing human rights abuses. differentiated needs. Organisations action to raise awareness and build However the gap in implementation, need to understand how to integrate collaboration. Only by working at the international level, between gender equality into their daily work together can localised responses to protection for investors, and and engage men and women in individual land deals contribute to a protection of the rights of those debates about how land is linked debate on strategic aspects of land affected by land deals, must also with gender equality. deals, and a national debate on these be addressed. As part of this the issues. Working with diverse and a role of the international community • In countries where land issues are broad range of actors strengthens in protecting civil society space at the heart of violent conflict – be advocacy and counters vested and in supporting civil society in that current or past oppression - it interests. challenging sophisticated strategies is important to understand the by vested interests to abuse power is dynamics and intersections with new • The gap, at national level, between important. forced evictions and land deals and protection for investors and the to develop strategies to manage risks mechanisms available to support that individuals or communities may those being dispossessed can only face. be partly filled by organisation, capacity building and mobilisation. • Information remains critical for Engaging to get a better deal for the mobilising communities, creating an poor, and improved governance in all evidence base, building advocacy, public policies and national systems and launching legal challenges, is vital, otherwise even when media awareness and international positive outcomes are secured in advocacy individual land deals, better terms are not guaranteed in other deals.

Land Matters: dispossession and resistance 53 The case studies in this report illustrate the unfair power dynamics in relation to land that are experienced in many countries.

In Colombia, armed conflict has been used to displace millions of people from their land. In Sierra Leone, where no reliable or widely-recognised records exist of land ownership, those who may have ‘superior’ rights or ancestral claims may actually be invisible to the central government.

In Angola, land considered almost worthless – open space a generation ago, which has since been occupied and nurtured by refugees from war – is now being ‘repossessed’ and reclaimed for ‘development’. In the occupied Palestinian territory, land issues have become less about ownership and more about control and oppression. In India, millions are in threat of being forced off their land due to schemes such as mining, wildlife sanctuaries, industrial development and nuclear power.

The case studies in this report illustrate how land is often a root cause of conflict or how it can exacerbate tension and lead to violent conflict: Angola and Sierra Leone have made strides in establishing peace and some economic growth over the past decade, but challenges of poverty and growing inequality, along with persistently weak governance, remain critical, particularly in relation to land. Colombia continues to host one of the world’s longest- running conflicts, dominated by issues of inequality and land. The situation in OPT remains central to international relations with land is at the heart of this state of affairs.

54 Land Matters: dispossession and resistance Endnotes

1. Borras, Saturnino and Franco, Jennifer 13. http://enoughfoodif.org/issues/land 26. United Nations (2014), Report of the United (2010), Contemporary Discources and 14. GRAIN (2008) “SEIZED! The 2008 land grab Nations High Commissioner for Human Contestations around pro-poor land policies for food and financial security” Available Rights, E/2014/86, http://daccess-dds-ny. and land governance, Journal of Agrarian at: www.grain.org/article/entries/93-seized- un.org/doc/UNDOC/GEN/G14/075/01/PDF/ Change, Vol 10 No.1, pp 1-32. the-2008-landgrab-for-food-and-financial- G1407501.pdf?OpenElement 2. Saturnino M.Borras JR and Jennifer security Accessed 20.10.13: 27. Joost Van der Zwan, (2011), Practice note C. Franco, Global Land Grabbing and 15. Smaller and Mann (2009) A thirst for distant 7: Conflict-sensitive land policy and land trajectories of Agrarian change: a preliminary lands. Foreign investment in agricultural governance in Africa International Alert. analysis Journal of Agrarian Change, Vol. 12 land and water, IISD; (1 hectare is equivalent Available at: www.international-alert. No.1, January 2012, pp 34-59 (page 50) to 2.47 acres) org/sites/default/files/publications/ PracticeNote7.pdf 3. Ibid 1. 16. Edelman (2013a) “Messy hectares: questions 4. United Nations Economic and Social Council about the epistemology of land grabbing 28. Committee on the Elimination of Racial (2014), E/2014/86,Report of the United data” The Journal of Peasant Studies 40:3 Discrimination, general recommendation Nations High Commissioner for Human 485-501 number 21. Rights, http://daccess-dds-ny.un.org/doc/ 17. Large-scale land acquisitions and leases: 29. Greco, E. “Struggles and resistance against UNDOC/GEN/G14/075/01/PDF/G1407501. A set of core principles and measures to land dispossession in Africa: an over-view.” pdf?OpenElement . address the human rights challenge, Mr. In Handbook of land and water grabs in 5. Hirsch, Philip (2011), Paper presented at the Olivier De Schutter, Special Rapporteur on Africa, ed. Allan, T. et al. (eds.), Routledge, International Conference on Global Land the right to food, 11 June 2009, www.oecd. 2012. Grabbing, 6-8 April 2011, Land Deal Politics org/site/swacmali2010/44031283.pdf 30. Behrman,J., Meinzen D., R.,Quisumbing, A. Initiative. 18. A vast literature exists on the ‘resource (2012). The gender implications of large- 6. Thomson, F. (2014) Why we need the concept curse’ and the governance implications . scale land deals. The Journal of Peasant of land-grab-induced displacement. Journal Some key texts include: Karl, T L (2001), Studies, 39(1)a www.ifpri.org/sites/default/ of Internal Displacement, July: http:// The Paradox of Plenty, Berkeley, University files/publications/bp017.pdf journalinternaldisplacement.webs.com/ of California Press; Ross, M. L. (1999) ‘The 31. ActionAid et al (2012) What works for tableofcontents.htm. Political Economy of the Resource Curse’, women www.actionaid.org/publications/ 7. United Nations Education, Scientific and World Politics, 51, 297-322. what-works-women-proven-approaches- Cultural Organisation www.unesco.org/ 19. UNHABITAT (2014), Forced Evictions Fact empowering-women-smallholders-and- new/en/social-%C2%AD%E2%80%90and- Sheet No. 25/Rev.1, United Nations, New achieving-food-sec %C2%AD%E2%80%90human- York and Geneva, page 1, www.ohchr.org/ 32. United Nations Women and Office for %C2%AD%E2%80%90sciences/ Documents/Publications/FS25.Rev.1.pdf the High Commissioner for Huma Rights, themes/international- 20. Office of the High Commissioner of Human (2013) Realising Women’s Right to Land and %C2%AD%E2%80%90migration/glossary/ Rights, (2004), Prohibition of forced other productive resources, HR/PUB/13/04, displaced-%C2%AD%E2%80%90person evictions, Commission on Human Rights www.ohchr.org/Documents/Publications/ 8. United Nations High Commissioner for Resolution: 2004/28, www.ohchr.org/ RealizingWomensRightstoLand.pdf Human Rights, (December 2011) Forced documents/E/CHR/resolutions/E-CN_4- 33. United Nations (2013) Report of the Special Evictions Assessment Questionnaire, RES-2004-28.doc Rapporteur on adequate housing as a www2.ohchr.org/english/issues/escr/docs/ 21. BASIC PRINCIPLES AND GUIDELINES ON component of the right to an adequate ForcedEvictionsAssessmentQuestionnaire. DEVELOPMENT-BASED EVICTIONS AND standard of living, and on the right to non- pdf. DISPLACEMENT (2007) Annex 1 of the report discrimination in this context, Raquel Rolnik, 9. Gilbert, Jérémie Land Rights as Human of the Special Rapporteur on adequate A/HRC/25/54, 60-65, www.ohchr.org/EN/ Rights: The Case for a Specific Right to Land, housing as a component of the right to an HRBodies/HRC/RegularSessions/Session25/ International Journal on Human Rights. adequate standard of living A/HRC/4/18, Pages/ListReports.aspx https://www.academia.edu/6307805/Land_ 22. UN OHCHR www.ohchr.org/EN/Issues/ 34. For example legal provisions have been Rights_as_Human_Rights_The_Case_for_a_ Housing/Pages/ForcedEvictions.aspx introduced in Tanzania, Uganda and Specific_Right_to_Land Mozambique. 23. Christian Aid, (2011) Healthy Harvests: The 10. UNHCR, The United Nations Refugee benefits of sustainable agriculture in Africa 35. Polack, et al (2014) Accountability in Africa’s Agency (2015). UNHCR Global Trends Forced and Asia, www.christianaid.org.uk/images/ land rush: what role for legal empowerment, Displacement in 2014. Geneva: United Healthy-Harvests-Report.pdf IIED, 22 Nations High Commissioner for Refugees. 36. White B. et al. (2012).The new enclosures: http://unhcr.org/556725e69.html 24. United Nations Millennium Project, Halving Hunger: It Can Be Done: Summary Version critical perspectives on corporate land deals. 11. Leilani Farha, Forced Evictions: Global Crisis, (United Nations Development Programme The Journal of Peasants Studies, 39 (3-4). Global Solutions (Nairobi, United Nations (UNDP), 2005), p. 6. www.tni.org/files/white_etal_redacted.pdf Human Settlements Programme (UN Habitat 37. Christian Aid (2012) The Scandal of 2011). 25. Contemporary Discources and Contestations around pro-poor land policies and Inequality in Latin America and the 12. Liz Alden Wily (2012) Looking back to see governance: Saturnino M.Borras JR and Caribbean, www.christianaid.org.uk/images/ forward: the legal niceties of land theft in Fraco Jennifer C, Journal of Agrarian scandal-of-inequality-in-latin-america-and- land rushes, Journal of Peasant Studies, Change, Vol 10. No.1, January, 2010, page 4 the-caribbean.pdf 39:3-4, 751-775, page 766 38. International Land Coalition (2003) Towards 56. Tibbet, S. and C. Stalker(2014) Enough Politics%20of%20Land%20Grab%20v3.pdf a Common Platform on Access to Land: food for everyone IF: Campaign Evaluation, 69. Borras S. Jr., (2012) Resisting contemporary The Catalyst to Reduce Rural Poverty Advocacy Hub Available at: www.bond. land grabs blog posted on the Institute and the Incentive for Sustainable Natural org.uk/data/files/IF_campaign_evaluation_ of Development Studies website, 23 Resource Management, Available at: www. report.pdf October www.ids.ac.uk/news/resisting- landcoalition.org/sites/default/files/legacy/ 57. Ibid 9 contemporary-land-grabs legacypdf/CPe.pdf?q=pdf/CPe.pdf 58. Christian Aid (2011) Healthy harvests: the 70. Li, T. M (2011) Centering labour in the land 39. Ibid 6. benefits of sustainable agriculture in Africa grab debate. Journal of Peasant Studies 38:2 40. The author is grateful to Frances Thomson and Asia 71. Ibid 61 page 1723-4 for insights on these issues; see also Frances 59. www.viacampesina.org/en/ Thomson (2014) ‘Why we need the concept 72. Ibid 61 of land-grab-induced displacement’ Journal 60. Christian Aid and its partners were involved 73. For a discussion of these dynamics see of Internal Displacement 4:2 pp 44-5 in the June 2013 conference on the “The Schneider, A.E (2011) “What shall we do Politics of Land Grabbing: Strategies without our land? Land grabs and resistance 41. See www.ohchr.org/EN/Issues/Housing/ of Resistance” held at the University of Pages/ForcedEvictions.aspx in rural Cambodia.” Paper presented at Limerick, Ireland. This event focussed on the International Conference on Global 42. Ibid 5. resistance and citizens’ capacity to influence Land Grabbing II Oct 17-19 2012, Cornell 43. Ibid 5. government policies and practice. University www.iss.nl/fileadmin/ASSETS/ 44. Contemporary Discources and Contestations 61. Borras, S. M. and J. C. Franco (2013) “Global iss/Documents/Conference_papers/LDPI/49_ around pro-poor land policies and Land Grabbing and Political Reactions ‘From Alison_Schneider.pdf governance: Saturnino M.Borras JR and Below’” Third World Quarterly Vol 34 (9) 74. This list draws primarily from output at the Fraco Jennifer C, Journal of Agrarian 1723-1747 Christian Aid workshop on Land Grabs held Change, Vol 10. No.1, January, 2010, pp11 62. Ibid 61 at the University of Limerick, June 2013. 45. Cotula, L (2012) The international political 63. Amnesty International (2011) Left Behind. 75. Scott, James C. (1987). “Resistance without economy of the global land rush: A critical The Impact of Zimbabwe’s Mass Forced protest and without organisation: peasant appraisal of trends, scale, geoghraphy and Evictions on the Right to Education, opposition to the Islamic Zakat and the drivers, Journal of Peasant Studies, 39 (3+) p16 Available at: http://resourcecentre. Christian Tithe,” in Comparative Studies in 46. Joost van der Zwan savethechildren.se/sites/default/files/ Society and History, Vol. 29, No.3: 417–52. documents/5538.pdf 47. Contemporary Discources and Contestations 76. Kervliet (2009) The Power of Everyday around pro-poor land policies and 64. Christian Aid (2012) The Scandal of Politics: How Vietnamese Peasants governance: Saturnino M.Borras JR and Inequality p37 Transformed National Policy: How Fraco Jennifer C, Journal of Agrarian 65. Edeleman and Leon (2013) “Cycles of land Vietnames Peasants Transformed National Change, Vol 10. No.1, January, 2010, pp8 grabbing in Central America: an argument Policy, Cornell University Press p 232 48. Internal Displacement Monitoring Centre for history and a case study in the Bajo 77. Interview with Christian Aid India (2014) Global Estimates 2014: People Aguan, Honduras” Third World Quarterly programme staff, December 2013 displaced by disasters. Geneva: Internal 34:9 1697-1722 78. Ibid 1, page 24 Displacement Monitoring Centre and 66. Mamonova, N. (2012) “Challenging the 79. Rossett, P. (2013) “Rethinking agrarian Norwegian Refugee Council, www. Dominant Assumptions About Peasants’ reform, land and territory in La Via internal-displacement.org/assets/ Responses to Land Grabbing: A Study of Campesina” Journal of Peasant Studies 40:4 publications/2014/201409-global-estimates2. Diverse Political Reactions from Below on p 724 pdf the example of Ukraine” Paper presented at 80. GRAIN, Martinez-Alier, J., Temper, L., 49. Ibid 27 the International Conference on Global Land Grabbing II Oct 17-19 2012, Cornell University Munguti, S., Matiku, P., Ferreira, H., Soares, 50. Ibid 1, page 4 www.cornell-landproject.org/download/ W., Porto, M. F., Raharinirina, V., Haas, W., 51. United Nations (2014), Report of the United landgrab2012papers/mamanova.pdf Singh, S. J., Mayer, A. (2014). The many faces Nations High Commissioner for Human of land grabbing. Cases from Africa and Latin 67. Temper and Alier-Martinez (2012) “Mapping America. EJOLT Report No. 10, 93 p. 8 Rights, E/2014/86, http://daccess-dds-ny. resistance and resilience to the global un.org/doc/UNDOC/GEN/G14/075/01/PDF/ landgrab: definitions, financial activism 81. Temper and J. Alier-Martinez (2012) cited in G1407501.pdf?OpenElement, 47-49. and alliances” Paper presented at the GRAIN et al (2014) 52. Global Witness (2014) Deadly Environment. International Conference on Global Land 82. Manjima Bhattacharjya, Jenny Birchall The Dramatic Rise in Killings of Grabbing II Oct 17-19 2012, Cornell University , Pamela Caro , David Kelleher & Vinita Environmental and Land Defenders Available www.cornell-landproject.org/download/ Sahasranaman (2013) Why gender matters at www.globalwitness.org/sites/default/files/ landgrab2012papers/Temper_Alier_LDPI.pdf in activism: feminism and social justice library/Deadly%20Environment.pdf 68. Borras, S. JR., Franco J. (2010). Towards a movements, Gender & Development, 21:2, 53. Ibid 3, page 47 broader view of the politics of global land 277-293, DOI: 10.1080/13552074.2013.802150. http://dx.doi.org/10.1080/13552074.2013.80 54. United Nations (2014), Report of the United grab: rethinking land issues, reframing 2150 Nations High Commissioner for Human resistance. ICAS Working Paper Series Rights, E/2014/86, http://daccess-dds-ny. No 001 Transnational Institute (TNI), un.org/doc/UNDOC/GEN/G14/075/01/PDF/ Amsterdam. www.tni.org/sites/www.tni.org/ G1407501.pdf?OpenElement, page 8 files/Borras%20Franco%20Politics%20of%20 Land%20Grab%20v3.pdf www.tni.org/sites/ 55. Ibid 1, page 15 www.tni.org/files/Borras%20Franco%20 83. Caro, Pamela (2013) Gender equality and 100. Peel, L (2014) ‘Angola’s poor people hit hard 120. Ibid 87, page 6 women’s rights in the CLOC-Via Campesina by urbanisation crackdown in Luanda’ The 121. Ampuero and J Brittain ‘The Agrarian movement , Bridge Development Gender, Guardian Development Matters Blog 9 April Question and Armed Struggle in Colombia’ http://socialmovements.bridge.ids.ac.uk/ www.theguardian.com/global-development/ in S Moyo & P Yeros (eds) Reclaiming the sites/socialmovements.bridge.ids.ac.uk/ poverty-matters/2013/may/10/angola- land: The Resurgence of Rural Movements files/case-studies/VC%20case%20study%20 urbanisation-crackdown-luanda accessed 9 in Africa, Asia and Latin America (1st, Zed English.pdf April 2014 Books Ltd London 2005) 359 84. For a timeline of the conflict see: www.bbc. 101. Human Rights Watch (2007) “They Pushed 122. Government Press Release, 2006. ‘Palabras co.uk/news/world-africa-13037271 Down the Houses: Forced Evictions and del Señor Procurador General de la 85. Soares de Oliveira (2011) “Illiberal peace Insecurity of Tenure for Luanda’s Urban Nación, Edgardo José Maya Villazón: Los building in Angola” Journal of Modern Poor” Resultados de la Primera Fase del Proyecto African Studies 49:2 pp 287-314 102. Human Rights Watch (2007) “They Pushed . . . ’. Procuraduría General de la Nación, 86. See Fernando Pacheco (2000) Speech on Down the Houses: Forced Evictions and Republica de Colombia, 15 June. www. Land and the Constitution in Angola (ADRA) Insecurity of Tenure for Luanda’s Urban procuraduria.gov.co/.../discurso_06152006_ Available at: www.mokoro.co.uk/files/13/file/ Poor” reinsercion_corta.doc lria/land_and_constitution_angola.pdf 103. Human Rights Watch, 2013. Angola: Scores 123. Oxfam (2013) ‘Divide and Purchase: How 87. Foley C, 2007. Land and rights in Angola: Detained, Convicted After Forced Evictions, land ownership is being concentrated in poverty and plenty. Humanitarian accessed at www.hrw.org/news/2013/02/26/ Colombia’ Oxfam Research Papers 1, page 7 Policy Group Working Paper, Overseas angola-scores-detained-convicted-after- 124. The World Bank, ‘Breaking with history: Development Institute, London. p 3 forced-evictionsv on 9 April 2013. why Colombia needs a more progressive 88. FAOstat, 2013. Angola. http://faostat.fao. 104. Interview with SOSH, 6 March 2014, Luanda, tax system’, www.worldbank.org/en/news/ org/site/666/default.aspx accessed 20th Angola. opinion/2012/12/17/why-colombia-needs-a- April 2013; cited in Sykes, O. (2013) “Rural 105. Farm Land Grab, 2013. Accessed at http:// more-progressive-tax-system, December vulnerability, climate change and adaptation farmlandgrab.org/cat/show/145 on 3rd 2012. in Angola” Christian Aid, internal draft March 2013; Land Matrix, 2014 http:// 125. ABColombia (2012) “Giving it Away. The 89. See Fernando Pacheco (2000) Speech on landmatrix.org/en/get-the-detail/by-target- consequences of an unsustainable mining Land and the Constitution in Angola (ADRA) country/angola/ policy in Colombia” www.abcolombia.org. Available at: www.mokoro.co.uk/files/13/file/ 106. FAO, 2011. Foreign Agricultural Investment uk/downloads/Giving_it_Away_mining_ lria/land_and_constitution_angola.pdf Country Profile, Angola. FAO, Rome. report_ABColombia.pdf 90. www.halotrust.org/where-we-work/angola 107. Sykes, O. (2013), Rural vulnerability, climate 126. See Global Witness (2014) Deadly Environment. The Dramatic Rise in Killings of 91. Ibid 87, page 2 change and adaption in Angola, published for Christian Aid. Environmental and Land Defenders Available 92. Clover, J (2005) Jenny Clover, ‘Land Reform at www.globalwitness.org/sites/default/files/ in Angola: Establishing the Ground Rules’, in 108. Human Rights Watch: www.hrw.org/ library/Deadly%20Environment.pdf Chris Huggins and Jenny Clover (eds),From news/2013/11/26/angola-crackdown- 127. Frances Thomson (2014) ‘Why we need the the Ground Up: Land Rights, Conflict and opposition-protest and www.hrw.org/ concept of land-grab-induced displacement’ Peace in Sub-Saharan Africa, African Centre news/2013/09/23/angola-new-crackdown- Journal of Internal Displacement 4:2 pp 44-5 for Technology Studies and the African peaceful-dissent Security Analysis Programme of the Institute 109. Freedom House, 2014. Accessed at http:// 128. http://pbicolombia.com/2014/03/27/cacarica- for Security Studies, June 2005, www.acts. freedomhouse.org/country/angola on 28 hopes-for-comprehensive-reparations-after- or.ke/pubs/books/docs/ground7Land.pdfp August 2014. inter-american-court-ruling/ page 348 110. Peel, L (2013) Angola Land Rights 129. Borras et al (2012) ‘Land grabbing in Latin 93. Ibid 87 Communications Report, Christian Aid American and the Caribbean’ The Journal of Peasant Studies (October 2012) 846, 852 94. Ibid 92, page 359 111. See: www.theguardian.com/profile/rafael- 130. Ibid 125 95. USAID (2007) Strengthening Land Tenure marques-de-morais and http://allafrica.com/ and Property Rights in Angola, www.sarpn. stories/201309231741.html 131. Interview, A.Peña (Chocó, Colombia, org/documents/d0002878/Property_rights_ 112. Interview with Omunga, 26 February 2014, September/October 2013) Angola_May2007.pdf Lobito, Angola. 132. This section draws from Grajales, J. (2013) 96. Ibid 87 113. Ibid 89 ‘State Involvement, Land Grabbing and Counter-Insurgency in Colombia’ IISS 211, 97. Mora AC (Ed), 2007. Interim Strategy Note 114. Ibid 112 213 for the Republic of Angola. International 115. Ibid 100 Development Association, World Bank, 2007. 133. Wolford, Wendy, et al. “Governing global 116. Peel (2013) op cit land deals: the role of the state in the rush for 98. www.telegraph.co.uk/finance/ land.” Development and Change 44.2 (2013): economics/11680143/The-most-expensive- 117. Interview with ACC 4 March 2014, Lubango, 189-210. city-for-expat-living-is-in...Angola.html Angola. 134. Christian Aid (2009) Growing pains, the 99. www.economist.com/node/18118935 118. Ibid 112 possibility and problems of biofuels www. accessed 9 April 2014 119. Interview with Christian Aid programme christianaid.org.uk/images/biofuels- team 3 March 2014, Lubango, Angola. report-09.pdf p26 135. Al Jazeera (2014) Faultlines, ‘Colombia: The 152. Interview Peña (Chocó, Colombia, 169. Patricia Sturgess and Christopher Flower Deadly Fight for Land’ (www.aljazeera.com September/October 2013 (2013) Land and Conflict in Sierra Leone: A 2014) 154. www.abcolombia.org.uk/downloads/8ZC_ investment deals in Africa. Country Report: 136. Oxfam (2013), ‘Divide and Purchase: How ReturningLandReportforweb.pdf (p.7), May Sierra Leone, http://media.oaklandinstitute. land ownership is being concentrated in 2011 org/sites/oaklandinstitute.org/files/OI_ Colombia’ Oxfam Research Papers 1, p25-26 SierraLeone_Land_Investment_report_0.pdf 155. Interview, community leaders, September/ 23 April 2014 137. United Nations General Assembly, Human October 2013, Curvarado and Jiguamiandó, Rights Council: Annual Report of the United Colombia. 171. Ibid 167, page 14 Nations High Commissioner for Human 172. Budget Advocacy Network (2014) Losing Rights – Report of the UNHCR on the 156. Interview with Peace Brigades International,September/October 2013, (Las out. Sierra Leone’s massive revenue losses situation of human rights in Colombia A/ from tax incentives www.taxjusticeafrica. HRC/19/21/Add.3, 10 Camelias, Curvaradó and Jiguamiandó, Colombia. net/sites/default/files/Sierra-Leone-Report- 138. Amnesty International (2012) ‘Colombia: tax-incentives-080414.pdf Accessed 23 April The Victims and Land Restitution Law, An 157. Interview Christian Aid programme manager, 2014 October 2013, Bogotá, Colombia. Amnesty International Analysis’ p5 173. Land Matrix http://landmatrix.org/en/get-the- 139. Human Rights Watch (2011) ‘World Report’ 158. Interview, LC Estupiñan (Bogotá, Colombia, detail/by-target-country/sierra-leone/?order_ 159. www.christianaid.ie/whatwedo/eyewitness/ 174. For example, Sepahan Afrique; Returning Home: Violence and Threats 160. Interview September/October 2013, 175. See for example, Oakland Institute (2011) and against Displaced People Reclaiming Land in community leaders from Curvaradó and ALLAT (2013) p 14 Colombia, Summary and Recommendations’ Jiguamiandó, Colombia. 176. Oakland Institute (2011), ‘Understanding land p4 www.hrw.org/reports/2013/09/17/risk- 161. Interview with Comision Interclesial de returning-home investment deals in Africa. Country Report: Justicia y Paz, September/October 2013, Sierra Leone, http://media.oaklandinstitute. 141. Land Portal, (2014) ‘Colombia law fails to Chocó, Colombia. org/sites/oaklandinstitute.org/files/OI_ put land back in farmers’ hands.’ January 162. Peace Brigades International, Colombia SierraLeone_Land_Investment_report_0.pdf http://landportal.info/ (2011) Curvaradó and Jiguamiandó, 23 April 2014 resource/colombia/colombia-law-fails-put- Challenges continue for the return of stolen land-back-farmers-hands 177. ALLAT (2013) p 68; Deutsche Welthungerhilfe land www.pbi-colombia.org/ (2012) page 5 142. J. Grajales, ‘State Involvement, Land fileadmin/user_files/projects/colombia/files/ Grabbing and Counter-Insurgency in press_kits/110525_Curba_english_web.pdf 178. Ibid 167 Colombia’ [2013] IISS 211, 212 163. Christian Aid (2012) Partnership for Change. 179. Deutsche Welthungerhilfe.V., (2012) 143. www.abcolombia.org.uk/downloads/ Christian Aid Sierra Leone Strategy 2012-7 ‘Increasing Pressure for Land: Implications ABColombia_Conflict_related_sexual_ Accessed at www.christianaid.org.uk/ for Rural Livelihoods and Development violence_report.pdf, November 2013 Images/Christian-Aid-Sierra-Leone- Actors, A Case Study in Sierra Leone,’ October, p5. 144. www.abcolombia.org.uk/downloads/ strategy-2012-17.pdf 23 April 2014 D9E_111110_WHRD_summaryandrecs.pdf 164. World Health Organisation (2014) Ebola 180. Ibid 176, page 41 (page 2), September 2011 response roadmap Situation Report 181. Ibid 167, page 62 145. www.abcolombia.org.uk/downloads/ 10 December 2014, http://apps.who. 182. Ibid 167 ABColombia_Conflict_related_sexual_ int/iris/bitstream/10665/145198/1/ roadmapsitrep_10Dec2014_eng.pdf?ua=1 183. Green Scenery, ‘Factsheet on Large-Scale violence_report.pdf, November 2013 Agri-Investments’, 4 - 5. Available on www. 146. Ibid 140 165. www.theguardian.com/global-development/ oaklandinstitute.org/sites/oaklandinstitute. poverty-matters/2014/oct/14/ebola-women- org/files/GS_Factsheet_Pujehun.pdf. 147. Ibid 135 sierra-leone 148. Amnesty International, (2012) ‘Colombia: 184. See for example Deutsche Welthungerhilfe 166. Central Intelligence Agency. https://www.cia. (2012) page 9-13 The Victims and Land Restitution Law, An gov/library/publications/the-world-factbook/ Amnesty International Analysis’ p 6 geos/sl.html 185. http://standardtimespress.org/?p=5221 149. Interview with Comision Interclesial de 167. ALLAT (2013) Who is benefitting? The social 186. http://awoko.org/2015/02/10/sierra-leone- Justicia y Paz, September/October 2013, and economic impact of large-scale land news-sierra-leones-proposed-land-tenure- Chocó, Colombia. investments in Sierra Leone: a cost benefit make-over-is-the-draft-national-land-policy- 150. Brodzinsky, S. ‘Colombia braced for analysis www.christianaid.org.uk/images/ equal-to-the-challenge/ nationwide protests’ The Guardian 29 August who-is-benefitting-Sierra-Leone-report.pdfp 187. Interview Pujehun community November 2013 www.theguardian.com/ page 13 2013, Pujehun, Sierra Leone. world/2013/aug/29/colombia-major-national- 168. Country Information and Policy Unit (CIPU) 188. Ibid 176 protests-farmers (2001) ‘Sierra Leone Assessment, Amnesty 189. Interview with SILNORF, November 2013, 151. Interview with Comision Interclesial de International UK’, in Unruh, J. (2008) ‘Land Freetown, Sierra Leone. Justicia y Paz, September/October 2013, Policy Reform, Customary Rule of Law and Chocó, Colombia. the Peace Process in Sierra Leone’, African Journal of Legal Studies, 2, 2, page 94-117. 190. Tarawallie, M. ‘Women in Sierra Leone: 208. This case study does not refer to Palestinians 228. Ibid 227 Resisting dispossession,’ 16 December 2013 citizens of lsrael. 229. Interview with B’Tselem 18 March 2014, 230. Interview with Breaking the Silence, 18 ground_2003.pdf March 2014, Hebron, the West Bank. 191. Interview with SILNORF, November 2013, 210. Palestine in Figures 2010, Palestinian Central Freetown, Sierra Leone. 231. Interview with the Palestinian Centre for Bureau of Statistics, Ramallah –Palestine, Human Rights, 13 March 2014, skype to 192. Interview Pujehun community November May 2010, p9. Gaza. 2013, Pujehun, Sierra Leone. 211. Office for the Coordination of Humanitarian 232. Interview Huseein Abu, 14 March 2014, 193. Interview Christian Aid programme staff Affairs website 2012, www.unocha.org/ Nazereth, OPT. November 2013, Freetown, Sierra Leone. ocha2012-13/opt. 233. This section draws from an extended 194. Interview with Green Scenary, November 212. www.globalhumanitarianassistance.org/ interview with the Christian Aid Brazil 2013, Pujehun, Sierra Leone. countryprofile/palestineoPt. Programme Team 195. Interview Pujehun community November 213. www.christianaid.ie/pressoffice/ 234. Clements, E. A and Bernardo Mançano 2013, Pujehun, Sierra Leone. pressreleases/July-2014/christian-aid- Fernandes (2013) Land Grabbing, 196. Press Release, ‘Launching ALLAT,’ and the Future of the Palestinian Economy, Political Economy 2013 2: 41 197. Interview with Green Scenary, November Report No. AUS2922, October 2, 2013, http:// 235. Fernandes, B. M. (2013) Re-peasantization, 2013, Pujehun, Sierra Leone. reliefweb.int/report/occupied-palestinian- Resistance and Subordination: The Struggle territory/west-bank-and-gaza-area-c-and- for Land and Agrarian Reform in Brazil, 198. Interview Pujehun community November future-palestinian-economy 2013, Pujehun, Sierra Leone. Agrarian South: Journal of Political Economy 215. www.icj-cij.org/docket/index. 2013 2: 269 199. Interview with SILNORF, November 2013, php?p1=3&p2=4&case=131&p3=4 Freetown, Sierra Leone. 236. See Global Witness (2014) Deadly 216. B’tselem, Acting the Landlord: Israel’s policy Environment. The Dramatic Rise in Killings of 200. Report of Training of Trainers Workshop on in Area C, the West Bank, 2013. Environmental and Land Defenders Available GPS and GIS, Held in Makeni City from 28th at www.globalwitness.org/sites/default/ December 2011 – 12th January 2012. 217. UNCTAD, Report on UNCTAD assistance to the Palestinian people: Developments in files/library/Deadly%20Environment.pdf and 201. Swisspeace and FriEnt, ‘Critical Reflection the economy of the occupied Palestinian www.theguardian.com/environment/2014/ following the KOFF Roundtable on Land territory, UNCTAD, 13 July 2012. apr/15/surge-deaths-environmental- Grabbing in Fragile and Conflict-Affected activists-global-witness-report Contexts’ 27 November 2012. 218. Under fire: Israel’s enforcement of Access Restricted Areas in the Gaza Strip, Internal 237. This section draws extensively from an 202. Mariama Tarawallie, ‘Women in Sierra Leone: Displacement Monitoring Centre, February interview with Christian Aid country Resisting dispossession,’ 16 December 2013 2014, www.internal-displacement.org/ programme staff for India [2] http://india. php=true&_type=blogs&_r=0 219. OCHAOPT Fragmented Lives: Humanitarian 203. Interview Christian Aid programme staff Overview 2012, p4 238. Church Land Programme (2013) November 2013, Freetown, Sierra Leone. 220. Trading Away Peace, How Europe helps 239. www.cohre.org/regions/south-africa 204. A Declaration of Citizens Assembled At sustain illegal Israeli settlements, published 240. Maclean, R. (2013) ‘Black Boers’ clear the Atlantic Conference Hall, Freetown, by 22 international agencies, including townships by force, The Times 22 November Sierra Leone, http://standardtimespress. Christian Aid, October 2012, org/?p=5221, Accessed on 12 December 241. Pesticide Action Network (2013) “Building 2014. 221. Interview with the YWCA, March 2014, Community Resistance Against Land Jerusalem, OPT. Grabbing. Documentation of Cases in 205. BBC Africa Debate: Is ‘Land Grabbing’ Selected Communities in Asia, Indonesia, Good for Africa?, Feb 24, 2014 Jerusalem, OPT. Against-Land-Grabbing.pdf 206. All Africa (2012)Sierra Leone: Fighting 224. Interview with B’Tselem 18 March 2014, 242. www.christianaid.org.uk/whatwedo/ for Women’s Right to Land, 22 June 2012 Hebron, OPT. eyewitness/americas/march-across-bolivia. Jerusalem, OPT. 243. www.amnesty.org/en/library/asset/ 207. Christian Aid (2011) Locked Out’ www. 226. Interviews with EAPPI, Hussein Habu, PARC, AMR18/002/2012/en/d468db24-7c4f-4fdc- christianaid.org.uk/Images/Report- YWCA and B’tselem. bd0f-3aca449495be/amr180022012en.pdf Palestinian-refugees-OPT-middle-east-0611. pdf 227. Interview Adalah, March 2014 244. http://amazonwatch.org/news/2013/0322- bringing-the-fight-over-bolivias-tipnis-road- to-washington-dc 245. https://nacla.org/blog/2013/4/25/bolivia- tipnis-road-hold-until-extreme-poverty- eliminated 246. Amnesty International (2013) “We are like rubbish in this country” Forced evictions in Nairobi, Kenya, Available at: www.amnesty. org/en/library/asset/AFR32/005/2013/en/ c7123be7-bd4a-46e5-bf14-2e300e09b869/ afr320052013en.pdf 247. Amnesty International (2013) http:// amazonwatch.org/news/2013/0322-bringing- the-fight-over-bolivias-tipnis-road-to- washington-dc 248. Smalley, R. and E Corbera (2012) “Large- scale land deals from the inside out: findings from Kenya’s Tana Delta” Journal of Peasant Studies 39:3-1 1039-1075 and Temper and Alier-Martinez op cit 249. GRAIN et al (2014) pp 62-63 250. Tilly (1978) cited in GRAIN et al (2014)

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