In defense of land rights: A monitoring report on land conflicts in six Asian countries
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land reforms were legislated and implemented by the States with guidance
from the central government. Reforms came in three phases: (a) abolition of
zamindars and ryotwari systems (giving proprietary rights to 20-25M tenants);
(b) tenant protection acts (benefitting some 12.8M tenants, although many
tenants were also evicted); and, (c) land ceilings and land redistribution. By the
end of 2005, about 2.63 million hectares (6.5 million acres) of surplus lands had
been redistributed to 5.6 million households, representing only one percent
of India’s agricultural lands and four percent of rural households. State-level
land reforms were deemed most successful in West Bengal and Kerala, but
reforms were poorly implemented in other States.
Social legislation. India today has some of the region’s most progressive
legislations, as many anti-discrimination and social protection acts were
passed. In relation to land, these include among many others, the Forest
Rights Act of 2006 and the Land Acquisition Act of 2013. But with earlier
structural adjustment programs in the 1990s, and later State-led interventions
to support the growth of private investments under market liberalization, the
gap between rich and poor has been growing. This exacerbates existing land
inequalities and divides, including discrimination against women and Dalits.
Land conflicts. Current drivers of land conflict include: State-led development
projects (for infrastructure, Special Economic Zones, etc.) which has led to the
displacement of an estimated 60 million people between 1947-2004, of which
40 percent are tribals; continuing land conversion of forests to other uses; and,
privatization of community lands that are under common property use and
tenure.
Indonesia
ANGOC
Colonial land policies. After 347 years, the Dutch left three main colonial
land policies in Indonesia: First, all lands were divided into two categories of
ownership through the domein verklaring (declaration of domain) principle.
In one category land was recognized as being individually owned, known as
eigendom (ownership), and in the other category all land was owned by the
State. Second, land was allocated for the development of big plantations,
particularly on State-owned land. Third was a policy on the formation of “stateforests” (Bachriadi, 2009). This created a dichotomy and division between
small rice peasants and large plantations for export based on hired labor.
State lands. After independence in 1949, most of the Dutch colonial land and
agrarian policies continued under the Indonesian State in a new form. The State
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