In defense of land rights: A monitoring report on land conflicts in six Asian countries
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dominated by leaders of the community. They become inoperative where
disputants involve non-members of the community.
In Cambodia, traditional systems facilitated by village chiefs have proven
effective for settling early disputes in the process of land registration.
These include border demarcation between property claims, conflicts
among relatives, and occupation of land – which are often not recognized
by higher authorities.
n Political negotiations. This is a key tool for addressing broader land-
related conflicts that are political in nature – i.e., caused by national laws,
policies, and government-supported projects. These include discussions
on broader issues of land governance, such as assisting informal settlers,
instituting agrarian reform policies, recognizing customary rights, providing
preferential access to marginalized sectors in the granting of access to
public lands and resources, equal land rights and support services for
women, and preventing arbitrary evictions and displacement.
A large number of land conflicts within countries are highly political in
nature, and thus demand political solutions. The challenge is how to arrive
at political consensus and inclusive solutions, with the active participation
of affected sectors and communities.
Safeguards for conflict prevention
ANGOC
In Bangladesh, there are no direct measures to prevent land conflicts. There
are no procedural safeguards, effective land policies or legal and institutional
frameworks related to public and private investments to prevent land
grabbing and land disputes. Moreover, there are no policies in place to protect
affected communities or to protect land rights defenders (halfway house,
legal assistance, witness protection, relocation or medical and psychological
assistance).
In most countries, there are procedural safeguards in the case of land-related
large-scale projects and investments. These include the need for social and
environmental impact assessments (ESIAs), as well as the need public disclosure
and consultations. In the case of indigenous peoples in the Philippines, there
is also a legal requirement for free, prior and informed consent (FPIC) prior
to the extraction of resources from indigenous ancestral domains and lands.
FPIC in this context requires that indigenous communities be provided with
adequate and accessible information, and that consensus is determined in
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