A/HRC/27/43
Planning and Construction declared that more than 1 million hectares of land, 340,000
hectares of which was returned by 128 different economic land concessionaires, had been
reclassified in order to provide ownership to citizens. One of the stated aims of the
campaign was to reduce the number of rural land disputes. However, a number of
irregularities regarding the process were reported to OHCHR throughout the reporting
period, such as the lack of clarity with regard to selection criteria for the surveying and
titling of lands. Not all lands have been surveyed and even some families who had their
land surveyed have yet to receive titles. While a welcome initiative, directive No. 001 has
not holistically addressed disputed lands nationwide and a number of existing disputes
remained unresolved, while some previously dormant disputes have resurfaced.
36.
During the reporting period, OHCHR monitored 71 ongoing and unresolved land
disputes between affected communities, authorities and businesses in both rural and urban
areas combined. Of those disputes, 31 related to economic and other land concessions
(including 12 on land long occupied by indigenous peoples and 14 cases affected by the
implementation of directive No. 001), while 40 disputes related to other land transactions
(including two on land long occupied by indigenous peoples and four cases affected by the
implementation of directive No. 001). OHCHR activities in this area included the
facilitation of dialogue, court monitoring and provision of legal and procedural advice.
37.
While the moratorium on the granting of economic land concessions remained in
place, the comprehensive review of existing concessions ordered under directive No. 001
had not been conducted at the time of drafting. Access to information and a lack of
transparency and accountability in the land-titling process and the management of land
concessions remain serious concerns. Cases of focus for OHCHR included concessions
granted within protected areas, such as national parks, wildlife sanctuaries, protected forests
and areas inhabited by indigenous peoples. In the absence of complete official data made
available by the Ministry of Agriculture, Forestry and Fisheries and other government
entities, OHCHR continued to provide support for a non-governmental open-data source
which makes available in one location information on land concessions by province and by
company, and includes briefings on thematic issues.
38.
During the reporting period, confrontations (at times violent) were witnessed
between individuals, communities, housing rights activists and authorities, police and the
military. In 2014, OHCHR recorded a sharp rise in the number of violent forced evictions
of individuals, families and communities from disputed rural land. Incidents included the
burning and bulldozing of houses and shelters, often without notice or court orders
mandating the action, and arbitrary detention of those who defended their property. This
followed a period of relative calm during the period preceding and immediately following
the July 2013 national elections.
39.
OHCHR monitored and intervened in demonstrations and protests related to land
and housing, in order to prevent violence, seek a negotiated outcome and secure the release
of persons who had been arbitrarily detained. OHCHR witnessed a number of incidents of
excessive use of force by the authorities, but also, in the absence of effective dispute
resolution mechanisms, the use of tactics by protestors such as the blocking of main roads,
the destruction of company property, the seizure of illicit timber and confrontations with
authorities and business representatives.
40.
OHCHR supported the consultation process for a bill on environmental impact
assessments led by the Ministry of the Environment, as well as provided written advice on
the harmonization of the current draft of the white paper on land policy with international
standards on transparency, public participation and access to information, gender, the
responsibility of business enterprises, free, prior and informed consent, resettlement, and
grievance mechanisms and dispute resolution processes.
10
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents