Top 10 Emerging Challenges for 2010: Issue 10

Addressing challenges relating to land acquisition and use

Land is a key resource for communities, governments and companies. Farmers want to grow crops; families want safe places to live; states want to expand public infrastructure; factories want to manufacture; mining and oil companies want to drill; and developers want to build office towers or residential homes.

Those involved in developing tourism, new complexes or extractive projects, have all had to deal with individuals and groups – some of them indigenous, others not – who are present on land set for development. Such cases continue to be at the heart of debates concerning business and human rights.

Often the communities that live on lands under dispute do not have legal title. They invoke their right to property, but that is a qualified right, in that the state can take over land for public use. Land acquired through eminent domain has in many places been put to good uses – irrigation projects, power plants, roads, highways, railroad projects, all of which support the public good. But too often the state has used force to take over land from communities against their will or undertaken projects for personal gain. Companies have let states acquire land, so that they can focus on their business, and often, in that gap, human rights abuses occur.

While good practice requires companies to adhere to the principles of free, prior and informed consent, states have the right to invoke eminent domain to take over land even if the community may not wish to move from the land. This has often resulted in violence. How can companies act in ways that respect rights?

Consultation with communities in ways that respect rights is a challenging proposition. Initiatives like the Collaborative for Development Action have sought to integrate rights concerns in their efforts. Organizations like Monkey Forest have developed plans that can help companies to operate in a responsible way.

Stakeholder consultation is never easy, but useful tools are being developed by projects like ConflictSensitivity.org for companies and others involved in land related issues.

The Institute for Human Rights and Business has also embarked on a multi-stakeholder process to develop further guidance relating to land rights and the role of the private sector. Achieving greater consensus on these issues is a key business and human rights challenge still requiring action.