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In the wake of heightened violence and conflict between concessionaires
and displaced communities, the Prime Minister in May 2012 earlier issued a
moratorium on granting ELCs, and Order 01 to initiate a land titling campaign
in those areas of conflict between concessionaire companies and existing
communities on State land. Human rights groups, however, say that little has
happened since then. With poor law enforcement and a weak juridical system,
the more powerful interests have continued to gain from the conflicts.
Land rights issues. Meanwhile, the continuing challenge faced by many
people is how to formalize their property rights under the 2001 Land Law in the
face of competing claims. According to the law, land certificates are provided
to those who can prove that they have occupied the land for at least five years.
But with limited information and lacking the resources to fully complete the
formal land titling process, most people rely on mere recognition of their land
claims. This has put them at the mercy of the rich and the big companies, since
a claim can be contested.
India
India often is often described in terms of the country’s immensities, but it can
also be seen as 640,000 villages differentiated and united by diversity in its
languages, cultures, religions, pursuits, convictions, and customs.
Traditional and customary land tenure systems existed long before the nationState. Feudal systems, however deepened under colonial rule, as land taxes
became a central source of State revenue. The new colonial land system in the
form of zamindari and ryotwari8 systems created a class of absentee landlords,
making way for exploitation of the peasants and the concentration of land
and economic power. Also, the large-scale annexation of Indian forests by the
colonial State curtailed the customary use and rights of forest dwellers and
tribal communities.
Land reforms. After independence, land reforms were instituted to address
landlessness and social exclusion. Under India’s federal system of government,
7
Under the 2001 Land Law, foreigners cannot be issued with land titles, but foreign investors may obtain
economic land concessions which give them exclusive rights to control the land for 99 years.
8
Ryotwari refers to a system of land tenure in which land taxes are paid directly to the State, rather than
through intermediaries.
Regional Summary: A Perspective Overview of Land Conflicts in Six Asian Countries
percent of State lands (3.6 million hectares) had been awarded to large-scale
agricultural concessionaires, including foreign corporations.7
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