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04

Land Acquisition

Description

Host country laws and regulations dictate the extent to which Financiers, Developers, and Contractors can be involved in the acquisition of land or the imposition of restrictions on land use for a project. In a number of BRI host countries, the Host Country Government takes the lead in this process, including regularly informing and consulting local communities in an inclusive, gender-sensitive, and culturally appropriate manner; valuing land and property; preparing a land acquisition plan (LAP); issuing official documentation; and engaging in negotiations with key stakeholders, including Affected People, CSOs/NGOs, the Media, and Researchers/Experts. As part of pre-project planning, Developers and Contractors should continue to address land acquisition–related submissions to the project-level grievance mechanism and communicate with the Host Country Government. If host country laws and regulations permit Developers and Contractors to directly participate in land acquisition, these companies should facilitate meaningful consultations with Affected People; hire qualified, experienced, and preferably independent Experts to undertake land and asset valuation; and reduce the risks of abuse or intimidation in negotiated settlements.

Engaging the relevant Host Country Government Agencies as early as possible allows Financiers, Developers, and Contractors to determine optimal ways to monitor, support, and/or collaborate with host country stakeholders throughout the land acquisition process. Developers and Contractors can then prepare supplemental actions or provisions with an eye toward enhancing project compliance with host country legislation and increasing the protection of Affected People’s rights to land and other assets.

Financiers should require Developers and Contractors to submit an objective and detailed LAP scaled to the potential impacts and risks. While these plans can take the form of a stand-alone document or an attachment to the environmental and social impact assessment (ESIA) report, Developers should share the plan with Affected People, among other key stakeholders, for consideration, review, and approval. Any arrangements to avoid or minimize impacts on land and assets should be included in the environmental and social management plan (ESMP), the overall project design, the budget, and the implementation schedule, as well as agreements with Contractors and Subcontractors

How Would It Work?

For Overseas Projects:

Financiers should:

  • Respect local people’s rights to land and resources.1
  • Include land acquisition in social impact assessments (SIAs).
  • Assess socio-economic impacts, in addition to impacts on natural resources and the social environment.2

 

Developers and Contractors should:

  • Promptly disclose information about decisions and activities with economic, social, and environmental impacts, including land acquisition and restrictions on land use.3
    • Reveal the potential extent of each of these impacts.
  • Avoid or, where avoidance is not possible, minimize displacement and forced eviction and explore project alternatives.4
  • Protect land with cultural, ecological, economic, or religious significance to local communities.5
    • Minimize adverse impacts on areas of special cultural and community value.6
    • Protect cultural heritage from adverse impacts.7
  • Prevent activities from directly or indirectly infringing on, threatening, or undermining local residents’ ownership of or rights to use natural resources.8
    • Respect — and refrain from conducting projects in — national parks, World Heritage Sites, Ramsar wetland sites, habitats of threatened species, and internationally listed and protected areas.9
    • Avoid adverse impacts on Indigenous peoples’ rights to land, territory, and natural resources.10
  • Avoid or, where avoidance is not possible, minimize adverse social and economic impacts from land acquisition or restrictions on land use.11

For Domestic Projects in China Only:

The Chinese Government should:12

  • Encourage the development of land that has not been used for either agriculture or construction, while protecting the environment and preventing water loss, soil erosion, and desertification.
  • Administer a system of compensation for productive land that will be used for construction projects.
  • Revoke Developers’ and Contractors’ right to use the land if construction has not begun two years after acquisition.
    • If this land was previously owned by farmer collectives, it must be returned to these organizations.

 

The Chinese Government could:13

  • Expropriate land from farmers to fulfill public interests including, but not limited to, construction of infrastructure, provision of public utilities, and alleviation of poverty.

 

Local Governments should:

  • Control aggregate land for construction purposes.14
    • Consider the original purpose of the land in order to determine appropriate compensation prior to land acquisition.
  • Investigate the land that has been proposed for acquisition.15
    • Conduct a social stability risk assessment.
    • Report information about the scope of land acquisition, the current status of this land, the purpose of land acquisition, compensation standards, resettlement methods, and social security.
  • Disclose information about land requisition or appropriation, household demolition, and resettlement.16

 

Land Administrative Departments should:17

  • Work with Statistical Departments to carry out land surveys.
    • Use the results of these surveys to grade each plot of land.
    • Collect the necessary data and materials from land owners and users.
  • Regularly release data about land.

 

The State Council should:

  • Approve the use of productive land for construction.18
  • Work with Agricultural/Rural Departments to ensure the amount and quality of productive land does not decrease.19

 

Developers, Contractors, and Affected People should:20

  • Abide by land administration laws and regulations.
    • Retain the right to report or prosecute violations of relevant laws and regulations.

 

Developers and Contractors should:

  • If a project requires the acquisition of productive land, reclaim an equivalent area of land of comparable quality to provide as compensation to Affected People.21
    • Pay fees if these companies are unable to replace productive land.
  • Conclude contracts in accordance with the law, stipulating the rights and obligations of all parties.22
  • Pay a fee if project implementation fails to begin a year after acquisition.23

During the pre-project planning phase, Financiers should:

  • Screen each project to determine whether it could involve land acquisition and/or restrictions on land use. For more on this process, see Project Categorization and Screening.
  • Offer to cover costs associated with land acquisition as part of the overall project budget.
  • Require Developers (and Contractors) to submit the LAP for Financiers’ approval, even if land acquisition will be undertaken by the Host Country Government or other entities.

 

Financiers, Developers, and Contractors should:

  • Recognize that projects could affect and displace people who are in the following situations:
    • Have formal legal rights to land and/or property that is completely or partially lost to a project;
    • Lost the land that they completely or partially occupy and do not have formal rights to this land, but whose claims to such lands are recognized/recognizable under host country laws and regulations; or
    • Lost the land they completely or partially occupy, but lack formal legal rights and recognized/recognizable claims to such land within the host country.
  • Commit to the protection of vulnerable groups including, but not limited to, the poor, people without legal titles to land, the landless, the elderly, women, youth, people with disabilities, Indigenous peoples, and minorities.
    • Recognize the following types of rights to land and natural resources:
      • Customary rights of Indigenous peoples and other local communities who occupy or use land, territories, ancestral domains, and natural resources in accordance with their customary laws, values, customs, and traditions.
      • Collective rights of Indigenous peoples who traditionally occupy or use land, territories, and natural resources.
      • Subsidiary rights of women, youth, and other individuals who make use of land and/or natural resources, without clear ownership.
    • Prevent unnecessary intervention or encroachment on Indigenous peoples’ lands, territories, and ancestral domains.
      • Respect the cultural, ceremonial, spiritual, and other communal values that Indigenous peoples attribute to land, among other natural resources.
      • Incorporate Indigenous practices for natural resource management (NRM) into project designs to mitigate adverse environmental and social impacts and risks.
    • Provide adequate support in resettlement and livelihood restoration to the poor, as well as those without legal titles or recognized/recognizable claims to land.
    • Offer additional assistance to women, especially when host country laws and regulations do not recognize their rights to hold, sell, or rent land and property.
    • Support the social and cultural institutions of Affected People.
      • Build the capacity of vulnerable groups to understand their rights before decisions on land acquisition, compensation, resettlement, and livelihood restoration are made.
  • Set internal requirements to ensure that land is acquired in a transparent, consistent, and equitable manner. While accommodating differences in host country procedures and the Host Country Government’s role in the land acquisition process, consider including the following requirements in agreements and other documentation before proceeding with financing, developing, or building each infrastructure project:
    • Information about the standards, procedures, and timeline for land acquisition, in addition to the cutoff date and eligibility criteria for Affected People, should be disclosed in Chinese, English, and the local dialect(s) and language(s) in local media outlets, on their websites and social media accounts, and at the village/town/city/district/provincial hall(s).
    • Each household should be consulted on the land and assets to which its members have formal or informal rights.
      • In the absence of market conditions, consult Affected People on recent land transactions, the value of different types of land and housing, land title, land use, cropping patterns, crop production, availability of land in the project area of influence, housing, and construction materials.
    • An inventory of the land and assets of each household should be taken.
    • Land and assets should be valued at the market rate and in a consistent manner across communities.
    • A project-level grievance mechanism should be available to collect queries/concerns/complaints regarding land acquisition.
    • A LAP should be prepared, approved, and implemented.
    • Monthly monitoring reports on the progress of land acquisition should be submitted to Developers, Contractors, and Financiers for review in a timely manner.
    • Intimidation, abuse of power, and other incidents should be promptly reported to Developers, Contractors, and Financiers and corrected.
    • The income, livelihood status, and living standards of Affected People should either remain the same or improve in the presence of the project.

 

Developers (and Contractors) should:

  • Where applicable, engage Host Country Government authorities at the national and subnational levels, Contractors, Subcontractors, and other responsible entities as early as possible to prepare for the land acquisition process.
    • Establish means to support and collaborate with all responsible entities to ensure the land acquisition process fully complies with host country laws and regulations, as well as Financiers’, Developers’, and Contractors’ internal requirements.
    • Identify gaps between host country laws, regulations, and procedures on the one hand, and Financiers’, Developers’, and Contractors’ requirements on the other.
      • If the capacity of responsible entities is limited, fill gaps and actively support the planning, implementation, and monitoring of land acquisition in a manner that is acceptable to the Host Country Government and Financiers.
    • If the procedures, standards, or capacities of the Host Country Government Agencies do not meet environmental and social requirements, prepare supplemental actions or provisions to address shortcomings.
      • Specify institutional arrangements and financial responsibilities for Financiers, Developers, Contractors, Subcontractors, and Land Valuation Experts to fill gaps and actively support the planning, implementation, and monitoring of the land acquisition process in a manner that is acceptable to the Host Country Government.
      • Integrate actions for Developers, Contractors, Subcontractors, and appropriate Experts into the implementation schedule within the ESMP and LAP.
      • Encourage local authorities to strengthen host country laws and regulations to legally recognize customary rights, collective rights, and subsidiary rights.
  • If host country laws and regulations allow Developers and Contractors to play a larger role in land acquisition:
    • Develop additional internal standards and procedures for disclosing relevant information, consulting stakeholders, valuing land and assets, monitoring progress, and addressing grievances.
    • Hire and train an adequate number of personnel to monitor, support, or undertake land acquisition, as host country laws and regulations allow.
    • Hire qualified and experienced Experts — either individually or as part of advisory panels — to monitor, support, or undertake land acquisition.
      • Request approval of these Experts from Financiers.
      • Ensure that these Experts are independent from Financiers, Developers, Contractors, and other project proponents, especially for higher-risk projects.
      • If host country laws and regulations require national or subnational agencies from the Host Country Government to lead land acquisition, hire qualified and experienced Experts to regularly track progress and verify compliance with internal requirements.

 

If land acquisition or restrictions on land use are unavoidable, Designated Experts, Relevant Government Agencies, and/or Developers (and Contractors) should:

  • Limit involuntary land acquisition or restrictions on land use to project requirements for clearly specified purposes within a certain time frame.
    • Explore and consider alternatives to avoid or minimize land acquisition or restrictions on land use and, in turn, physical and/or economic displacement of local communities.
    • Avoid displacement of Indigenous peoples, which could harm their identity, culture, and customary livelihoods.
  • Disclose information about the standards, procedures, and timeline for land acquisition, as well as the cutoff date and eligibility criteria for Affected People in the local language(s) and dialect(s) in local media outlets, on their websites and social media accounts, at the village/town/city/district/provincial hall(s), and throughout the project area of influence.
    • Send a formal letter to each household occupying or using land in the project area of influence to inform them of the land acquisition process.
    • When available, speak on the local community radio or post a message on the community advertising board.
    • Publicize warnings that people who settle in the project area of influence after the cutoff date may be subject to removal.
  • Conduct a land survey and census to identify which people could be displaced by the project or affected by restrictions on land use as early as possible. This survey and census could be part of the Preparation and Implementation of Environmental and Social Impact Assessment (ESIA).
    • Collect data about land, assets, and the status of livelihoods of Affected People. Disaggregate data by community, household, gender, and age. Separate data — and collect additional data as needed — on women, Indigenous peoples, minorities, and other vulnerable groups.
      • Assess economic and social risks and impacts resulting from land acquisition or restrictions on access to natural resources.
      • Assess the risks or impacts associated with land and natural resource tenure or use including, but not limited to, land use patterns, intended future use(s), land access and availability, food security, and land values.
      • Assess corresponding risks related to conflict or contestation over land and natural resources.
  • Engage in meaningful consultation with Affected People, including those with and without land titles, CSOs/NGOs, and other key stakeholders.
    • Ensure that these stakeholders are aware of the scope and nature of each proposed project; potential adverse impacts on their living standards, their livelihoods, the surrounding environment, and the natural and cultural resources that they use or have used; eligibility criteria and the cutoff date; their rights and entitlements; opportunities for additional participation; and potential options for compensation, resettlement, livelihood restoration, and related forms of assistance.
    • Request their input on project alternatives to avoid or minimize economic and/or physical displacement.
    • Ask about their preferences for land acquisition, compensation, resettlement, and livelihood restoration.
      • Consult with both spouses or single heads of household (regardless of gender) on their preferred form of compensation.
      • Document whether displaced people would prefer non-land-based compensation options.
    • Address the claims of seasonal resource users and other individuals, families, communities, or social groups who — for valid reasons — may not be present in the project area of influence during the time of the census.
  • Establish an inventory of potentially affected land and assets.
    • Document the full range of rights held or asserted by Affected People, including, but not limited to, formal legal rights, collective rights, customary rights, and subsidiary rights.
  • Valuate land, housing, commercial structures, and livelihood sources, among other assets.
    • Collect information about the fair market value of land, transaction costs, and interest accrued.
    • In the absence of market conditions, consult key stakeholders on recent land transactions, the value of different types of land and housing, land title, land use, cropping patterns, crop production, availability of land in the project area of influence, housing, and construction materials.
  • Prepare a LAP proportionate to each project’s risks and impacts to complement the documents prepared by Relevant Host Country Government Agencies.
    • Discuss the project’s potential impacts and risks, including the scope of land acquisition; the people who would be displaced; and the types of personal, household, and/or common assets that would be affected by or acquired for the project.
      • Acknowledge differing impacts, especially for women and other vulnerable groups.
      • Include maps of the project area of influence.
  • Explain the necessity of land acquisition and/or restrictions on land use.
    • Highlight actions taken to completely avoid adverse impacts.
  • Establish criteria for individuals, households, communities, and other social groups to be eligible for compensation, resettlement, and livelihood restoration.
  • Describe procedures and standards for the implementation of plans for land acquisition, provision of compensation, resettlement, and/or livelihood restoration.
  • Use data from the census and other consultations to determine adequate prices for land and other assets.
  • Include a description of entitlements of people who would be displaced under host country laws and regulations.
  • Include records of consultations and grievances addressed through the project-level grievance mechanism.
  • Stipulate institutional arrangements and financial responsibilities for Financiers, Developers, Contractors, Subcontractors, and Land Valuation Experts to fill gaps and actively support the planning, implementation, and monitoring of the land acquisition process in a manner that is acceptable to the Host Country Government.
  • Determine whether a sufficient quantity of public and/or private land of equal or better quality — in terms of location, productive potential, and availability of natural resources — is available to resettle Affected People and/or restore their livelihoods.
  • For each project that impacts Indigenous peoples, supplement the LAP with an Indigenous peoples plan (IPP).
  • Address the needs, preferences, and rights of Indigenous peoples.
  • Include an action plan to legally recognize the lands and territories that Indigenous peoples have traditionally owned or customarily used or occupied.

 

The Host Country Government and Developers (and Contractors) should:

  • Disclose draft versions of the LAP and, where applicable, the IPP for each project in Chinese, English, and local language(s) and dialect(s) on their websites and social media accounts, at the village/town/city/district/provincial hall(s), and throughout the project area of influence.
    • Disclose the final versions of the LAP and IPP in the same manner.

 

Developers (and Contractors) should:

  • Submit the LAP and, where applicable, the IPP to Financiers for review and approval. It can be a standalone document, an annex to the ESIA report, or a recognizable component of the report.
  • Demonstrate how actions in the LAP fit with overall project implementation and operations plans.
  • Include costs for monitoring land acquisition in the ESMP, implementation schedule, and the project budget.

 

Financiers should:

  • Review the finalized LAP.
  • Compare the Developers’ (and Contractors’) proposed plan to host country laws and regulations, as well as internal requirements.
  • Reject, request changes to, or approve the LAP.

 

Developers (and Contractors) should:

  • Send a formal letter to inform each household of the estimated value of their land and assets, as well as their eligibility for compensation, resettlement, livelihood restoration, and other benefits.
  • Disclose information about the value of different types of land and assets, as well as eligibility criteria in local media outlets, on their websites and social media accounts, at the village/town/city/district/provincial hall(s), and throughout the project area of influence.
  • Collaborate with, support, and/or monitor staff, Host Country Government authorities, and other stakeholders responsible for carrying out the LAP.

 

The Host Country Government and/or Developers (and Contractors) should:

  • Acquire and/or purchase land for resettlement of and/or use by Affected People.
  • Commence land acquisition or the imposition of restrictions on land use only if all of the following criteria have been fulfilled:
    • Indigenous peoples’ have given their Free, Prior and Informed Consent (FPIC).
    • Compensation at full replacement cost has been paid to every person or household that would be displaced.
    • Additional entitlements in the resettlement plan have been documented and provided to displaced people.
    • A livelihood restoration plan has been formalized.
  • Acquire land and other assets and/or impose restrictions on land use or access to legally protected areas through an inclusive, gender-sensitive, and culturally appropriate negotiated settlement.
  • Undertake activities in accordance with the approved implementation schedule.
  • Engage independent Experts to lead — or, at minimum, document — the negotiation and settlement processes.
  • Openly acknowledge and address the asymmetry of information and bargaining power before engaging in negotiations and reaching settlements with Affected People.
  • Meet individually and collectively with households.
  • Offer a fair and adequate price for land and other assets based on market rates.
  • Acquire entire parcels/plots of land if partial acquisition would either render the remainder of land owned by Affected People economically unviable or make the remaining parcel unsafe or inaccessible for human use or occupancy.
  • Issue written and/or digital documentation recognizing ownership, occupancy, and/or use of land and assets in the names of both spouses or single heads of household (regardless of gender) in their native language.
  • Avoid expropriation, where possible, and discourage the Host Country Government authorities from forcibly evicting local people, even if they are occupying land or using resources in the project area of influence after the cutoff date.

 

During the project implementation and project operations phases, the Host Country Government and Developers (and Contractors) should:

  • For projects with temporary restrictions on land use, allow Indigenous peoples to return to their lands, territories, and ancestral domains and use natural resources once the reason(s) for their resettlement no longer exist.
  • Restore this land and its natural resources as part of project activities.24
What Would You Be Able to Do?
  • During the pre-project planning phase, browse the websites of Financiers, Developers, Contractors, and the Host Country Government for information about their standards, procedures, and timelines for land acquisition, as well as the cutoff date and eligibility criteria for the project in your area.
    • Consult local laws and regulations to determine other types of land rights that are legally recognized/recognizable in your country.
    • Review whether subsidiary rights, customary rights, or collective rights are recognized by Financiers, Developers, and Contractors.
    • If any of this information cannot be found online, use either Stakeholders or a search engine such as Google to find the appropriate contact information for the Financier, Developer, or Contractor that you wish to reach. See Transparent and In-Depth Information Sharing for more information about how to request information in your native language.
  • Take a detailed inventory of the trees/lakes/streams/land/houses/structures/assets/services that you, your family, or your community own, occupy, or use. Keep a copy of this inventory on paper and/or type it up on your phone.
  • Determine your eligibility for compensation, resettlement, livelihood restoration, and other benefits.
    • Keep physical and/or digital copies of a land title that demonstrates your personal, household’s, or community’s ownership of land and associated assets.
    • If you never received a land title or have lost it, but you are a rightful owner of the land and associated property that you occupy or use, follow Host Country Government procedures to secure a land title.
  • Research the market rate for land over the last five to 15 years in your area.
    • In the absence of market conditions, collect evidence about — and be prepared to discuss — recent land transactions in your area, the value of different types of land and housing, the prevalence of land titles, land use, cropping patterns, crop production, availability of land in the project area of influence, housing, and construction materials.
  • Share information about the trees/lakes/streams/land/houses/structures/assets/services that you own, occupy, or use with Designated Experts, Relevant Government Agencies, and/or Developers (and Contractors).
    • Indicate your initial preferences for land acquisition, compensation, resettlement, and livelihood restoration. Potential forms of compensation could include, but would not be limited to, (a combination of) new land, cash, opportunities for employment or self-employment, and skills training. See Provision of Adequate Compensation, Resettlement, and Livelihood Restoration Support for more insight into these issues.
    • To the best of your knowledge, provide insight on recent land transactions in your area, and the value of different types of land and housing, the prevalence of land titles, land use, cropping patterns, crop production, availability of land in the project area of influence, housing, and construction materials.
    • Ask Designated Experts, Relevant Government Agencies, and/or Developers (and Contractors) about next steps for land acquisition and who you can contact.
  • If you have not been consulted on land/houses/structures/assets/services that you, your family, or your community own, occupy, or use, reach out to Relevant Government Agencies, and/or Developers (and Contractors) for information about when consultations, surveys, censuses, and related activities will take place.
  • Browse the websites of Financiers and the Host Country Government for digital copies of the draft and final versions of the LAP and IPP in your native language.
    • Set aside time to discuss the LAP and IPP with other community members, CSOs/NGOs, and appropriate Experts.
    • Collectively agree on, request changes to, or reject the LAP (and IPP) as a community.
    • Provide feedback directly or anonymously to Financiers, Developers, Contractors, and the Host Country Government. Alternatively, submit concerns or complaints to the project-level grievance mechanism.
    • If any of this information is unavailable in your native language, ask Financiers, Developers, Contractors, and the Host Country Government for physical and/or digital copies of translations of these materials.
  • Once the finalized LAP and IPP have been released and/or Designated Experts, Relevant Government Agencies, and/or Developers (and Contractors) have informed you of the value of your land and assets and your eligibility for project benefits, compare the official calculations with your own estimates.
    • If there are major discrepancies, provide feedback to Financiers, Developers, Contractors, and the Host Country Government or submit concerns or complaints to the project-level grievance mechanism.
  • If a project would render the remainder of your land that is not directly affected either economically unviable, unsafe, or inaccessible for human use or occupancy, request that Developers acquire and compensate you for all of your land.
  • Report any negotiations that involve intimidation or abuse of power by the Host Country Government, Developers, and/or Contractors to directly or anonymously to Financiers, Developers, Contractors, and the Host Country Government. Reach out to a Community Leader, legal aid organization, or other type of CSO/NGO for assistance.
  • Review Financiers’, Developers’, Contractors’, and Subcontractors’ compliance with governmental, industry-specific, and internal policies, procedures, and guidelines for land acquisition and restrictions on land use.
    • Submit queries/concerns/complaints about noncompliance with other policies, procedures, or guidelines to the appropriate actor.
What Would It Accomplish or Prevent?

Setting and enforcing requirements for information disclosure, stakeholder consultations, valuation of land and assets, grievances, monitoring, and implementation of land acquisition or imposition of restrictions on land use during the pre-project planning phase would:

  • Align Financiers’, Developers’, and Contractors’ practices for BRI projects with relevant Chinese laws, policies, and guidelines, as well as international best practices.
  • Address critical gaps in compliance with host country laws, regulations, and procedures.
  • Increase transparency and accountability of the use and acquisition of land for projects.
  • Build trust, awareness, and capacity among local communities, host country stakeholders, and other third-party stakeholders.
  • Foster mutual understanding and “win-win” cooperation regarding the use of land and assets between Financiers, Developers, and Contractors, on the one hand, and local communities, host country stakeholders, and other third-party stakeholders, on the other.
  • Improve the overall quality of each project, including measures to avoid or minimize displacement.
  • Reduce the risk of protests, damage, or other forms of conflict during the project implementation and operations phases.
  • Curb significant commercial costs from delays caused by social upheaval, especially during the project implementation and operations phases.

 

Preparing LAPs that can be conveniently accessed at no cost to the public throughout the project life cycle would:

  • Promote transparency and accountability of the land acquisition process.
  • Build trust, awareness, and capacity among local communities, host country stakeholders, and other third-party stakeholders.
  • Encourage the fulfillment of promises, commitments, and requirements related to land acquisition and restrictions on land use.
Resources
  • United Nations Development Programme (UNDP), “Process Framework Template,” UNDP Social and Environmental Standards (SES), 2016, View the PDF.
  • World Bank, "Outline of Process Framework, Environmental and Social Framework, 2017, View the PDF.
  • Bridges Across Borders Southeast Asia, Centre on Housing Rights and Evictions (COHRE), and International Accountability Project (IAP), "A Cambodian Guide to Defending Land and Housing Rights: Rights, Laws and Strategies for Cambodian Communities Facing Forced Displacement," First Edition, October 2009, View the Website.
  • Food and Agriculture Organization (FAO) of the United Nations (UN), "Respecting Free, Prior and Informed Consent: Practical Guidance for Governments, Companies, NGOs, Indigenous Peoples and Local Communities in Relation to Land Acquisition," Governance of Tenure, Technical Guide 3, View the PDF.
  • Inclusive Development International (IDI), "Avoiding Forced Displacement: A Community Guide to Negotiation and Advocacy," January 2017, View the Website.
  • International Finance Corporation (IFC), "Performance Standard 5: Land Acquisition and Involuntary Resettlement," 2012, View the Website.
  • International Land Coalition (ILC), "ILC Toolkit 7: Inclusive Decision-Making Toolkit," View the PDF.
  • International Land Coalition (ILC), "ILC Toolkit 4: Equal Land Rights for Women Toolkit," View the PDF.
  • International Land Coalition (ILC), "ILC Toolkit 5: Indigenous Peoples' and Local Communities' Land Rights Toolkit," View the PDF.
  • United States Agency for International Development (USAID), "Community and Household Land Rights Documentation and Administration Toolkit," December 2017, View the PDF.  
  • World Bank, “ESS5: Land Acquisition, Restrictions on Land Use and Involuntary Resettlement,” Guidance Note for Borrowers, Environmental & Social Framework for IPF Operations, 2016, View the PDF.
  • World Bank, "Land & Conflict: Protecting and Strengthening the Land Tenure of Vulnerable Groups," Thematic Guidance Note 03, View the PDF.
  • Food and Agriculture Organization (FAO) of the United Nations (UN), "Gender and Land Rights Database," View the Database.

1 Export-Import Bank of China (China Exim Bank), “Guidelines for Environmental and Social Impact Assessment for Project Loans of the China Export and Import Bank,” 2007.

2 Ibid.

3 China Chamber of Commerce of Metals, Minerals and Chemicals Importers and Exporters (CCCMC) et al., “Guidance for Sustainable Natural Rubber,” 2017.

4 Ibid; China-ASEAN Investment Cooperation Fund (CAF), “Social Responsibility and Environmental Protection Guidelines for Investments in the ASEAN Region,” 2014.

5 State Forestry and Grassland Administration (SFGA), "Guidelines for Sustainable Silviculture for Chinese Companies Overseas," 2007; SFGA and Ministry of Commerce (MOFCOM), “Guide on Sustainable Overseas Forest Management and Utilization by Chinese Enterprises,” 2009.

6 CCCMC et al., “Sustainable Natural Rubber.”

7 CAF, “Investments in the ASEAN Region.”

8 SFGA, "Silviculture for Chinese Companies;" SFGA and MOFCOM, “Sustainable Overseas Forest Management.”

9 China Three Gorges Corporation (CTG), “Sustainable Development Policy,” 2017.

10 CCCMC et al., “Sustainable Natural Rubber.”

11 CAF, “Investments in the ASEAN Region.”

12 Standing Committee of the National People's Congress, “Land Administration Law of the People's Republic of China,” August 2004.

13 Standing Committee of the National People's Congress, “Decision of the Standing Committee of the National People's Congress to Amend the Land Administration Law of the People's Republic of China and the Urban Real Estate Administration Law of the People's Republic of China,” August 2019.

14 Standing Committee, “Land Administration Law.”

15 Standing Committee, “Amend the Land Administration.”

16 State Council, “Regulations on Open Government Information of the People's Republic of China,” January 2007.

17 Standing Committee, “Land Administration Law.”

18 Ibid.

19 Standing Committee, “Amend the Land Administration.”

20 Standing Committee, “Land Administration Law.”

21 Ibid.

22 Standing Committee, “Amend the Land Administration.”

23 Standing Committee, “Land Administration Law.”

24 International Best Practice is based on Asian Development Bank (ADB), "Safeguard Policy Statement," 2009; Asian Infrastructure Investment Bank (AIIB), "Environmental and Social Framework," 2021; World Bank, "Environmental and Social Framework," 2018.