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Resettlement in Asian Countries
Legislation, Administration and Struggles for Rights



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ISBN 9780367748357
December 16, 2021 Forthcoming by Routledge
328 Pages 14 B/W Illustrations

 
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Book Description

This book examines land acquisition and resettlement experience in Asian countries, where nearly two-thirds of the world’s development-induced displacement currently takes place. Faced with the complexity of balancing legal frameworks and resettlement needs, along with increasing demands for safeguarding displaced peoples, in recent years many countries within Asia have adopted integrated land and resettlement laws. This book presents a comparative review and assessment of the impact of the new land and resettlement laws and regulatory frameworks for expropriation, compensation and resettlement.

Written by an international, interdisciplinary team of experts from both practice and academia, the book demonstrates the ongoing challenges and struggles associated with social and resettlement risk assessments, the social and cultural exclusion of indigenous/vulnerable groups in some countries, and the lack of institutional capacity to adequately deal with resettlement management and administration. The case studies and comparative analyses of laws and practices relating to expropriation, compensation, and resettlement make significant contributions to advancing resettlement knowledge and management practices.

The book will be useful as a reference for development practitioners, and for researchers across the fields of global development, political science, Asian studies, planning, and law. The book also has potential for use as a resource for resettlement management training programs and graduate level courses/seminars in development studies.

Table of Contents

Introduction and Overview

1. Resettlement and Development: The Challenging Journey Mohammad Zaman, Reshmy Nair and Shi Guoqing

PART I: Country Frameworks for Resettlement Management and Administration

2. Development-Induced Displacement in Bangladesh: The New Land Law and Resettlement Guidelines Mohammad Zaman, Hafiza Khatun and Shariful Islam

3. India’s Historic Land Acquisition and Resettlement Law: Journey of Triumph and Hope Reshmy Nair

4. Country Safeguard Systems in Sri Lanka: Recent Changes in the Land Acquisition Law and Its Impact Jayantha Perera

5. Evolution of Land Administration Law and Resettlement Regulation in China: Setting New Standards Shi Guoqing, Jiang Tianhe and Sun Zhonggen

6. Transmigration, Resettlement and Development in Indonesia: Does the 2012 Law Represent a Paradigm Shift? Mohammad Zaman

PART II: Struggles with Displacement and Resettlement: Country Case Studies

7. Forced Displacement and Resettlement: Refugees and Resettlers in Afghanistan Arifullah Arif

8. Urban House Demolition Policies in China: A Review and Analysis Chen Shaojun and Zhou Shuanglei

9. Resettlement and Development in Cambodia: Land Rights, Compensation and Policy Gaps Mohammad Zaman

10. Resettlement Laws and Policies in the Philippines: Are They Relevant Today? Susan Tamondong

11. Resettlement in Hydropower Projects in Pakistan: Lessons from Case Studies and Way Forward Irfan ul Haq and Imran ul Haq

12. Land Reforms and Ownerships in Central Asian Countries: Acquisition and Resettlement Management in Kazakhstan and Tajikistan Akhtar Zaman and Kh. Khairul Matin

PART III: Fair Compensation and Financing of Resettlement: Case Experiences

13. ‘Fair Compensation’ under India’s New Land Acquisition Law: Provisions and Practices Reshmy Nair

14. Valuation of Land for Fair and Just Compensation: Methodological Issues and Challenges in India Tapas Roy

15. Innovative Financing Mechanisms for Resettlement: The Three Gorges Project, China Duan Yuefang and Zhao Xu

PART IV: Indigenous Peoples’ Rights and Development Impact

16. Development and Tribal Rights in Cambodia: Laws, Policies and Regulations Sek Sophorn

17. FPIC as Indigenous Peoples Empowerment Tool: Case Studies from Nepal and Russia Greg Guldin

18. The Changing Balance of Statute and Negotiated Agreement: Research in Lao PDR Resettlement Policy and Practice John Pilgrim

19. The Rights of Scheduled Tribes of India: A Review and Comparison with the International Legal Regimes Indrani Sigamany

PART V: Alternative to Land Acquisition for Development Projects

20. Beyond Legal Rights and Titles: Rehabilitation of Slum Dwellers of Mumbai R.A. Rajeev and V.G. Patil

21. Land Pooling for Development Projects in India: A Critical Analysis Reshmy Nair

PART VI: Conclusion

22. The Future of Resettlement and Development Mohammad Zaman, Reshmy Nair and Shi Guoqing

Index

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Editor(s)

Biography

Mohammad Zaman (PhD Anthropology, Manitoba 1988) is an internationally known development/ resettlement specialist and advisory professor, National Research Centre for Resettlement (NRCR), Hohai University, Nanjing, China. He has over 30 years of experience as an international consultant and worked for major international financial institutions (ADB, AIIB, DFID, JICA, WB) in many countries in Asia and Africa. Dr. Zaman is widely known for his project-level work, independent review, research, training and publications in the resettlement field. Dr. Zaman is a Fellow of the Society for Applied Anthropology and Honorary Advisor, Administrative Staff College of India, Hyderabad, India.

Reshmy Nair (PhD Economics, JNU, India), is Professor and Director, Centre for Management of Land Acquisition, Resettlement and Rehabilitation (CMLARR), at Administrative Staff College of India, Hyderabad, India. The CMLARR, established in 2013 with support of the World Bank is an empanelled institution for conduct of social assessment studies and has developed comprehensive training modules on management of land acquisition/resettlement for various sectors/clients in the South Asian region. Dr. Nair has directed more than a hundred dedicated national/international courses for more than 4500 officers and 120 organisations including for multilateral financial institutions (WB, ADB & AIIB) and national governments in Asia and Africa.

Shi Guoqing is Professor and Director of National Research Center for Resettlement (NRCR) and Social Development Institute, Hohai University, China. A founding member of the International Network on Displacement and Resettlement (INDR), Professor Shi is an internationally known expert in involuntary resettlement management. He is a member of Governance Committee for Sustainable Hydropower Council and Chair of the Emerging and Developing Countries Committee of International Hydropower Association (IHA). Since 1994, Prof. Shi has provided advisory services to the World Bank and Asian Development Bank. Professor Shi established the first research institution on involuntary resettlement management, namely National Research Centre for Resettlement (NRCR) at Hohai University in 1992. Since 2004, the NRCR at Hohai University has been offering MA/PhD programs in Resettlement Science and Management.

Reviews

"The book makes very significant contributions to development-forced displacement and resettlement studies, having placed a particular focus on the recent policy and legal advances in Asian countries."

Michael M. Cernea, Brookings Institution, Washington DC

"Every year millions of people are displaced for the sake of development projects. This volume paints a complex portrait of efforts – by Asian governments, development institutions, and communities struggling for their rights – to address the potential harms and wrongs that are latent in displacement for development. Some of the contributions show how displacement has become less arbitrary through adoption of new land acquisition laws that offer greater protection to displaced individuals, families, and communities. Others document continuing conflicts, showing that this struggle is by no means over and done, especially for indigenous peoples. The volume as a whole – spanning a wide range of Asian countries – achieves an impressive critical realism, neither pretending that the issues of displacement by development have been fully resolved, nor denying the progress that has been made. Not only academics, but development practitioners, policy makers, and community advocates can learn much from this book."

Jay Drydyk, Professor of Philosophy, Carleton University, Ottawa

"The editors of this significant volume have assembled an impressive set of case studies focusing on resettlement experience in Asia.  Whether development-induced or refugee-related, resettlement has now emerged as a central issue in development everywhere, not in Asia alone."

Hari Mohan Mathur, Distinguished Professor, Council for Social Development, New Delhi

"Can better country laws and regulations enhance outcomes for people displaced by development projects? The editors, all highly experienced resettlement teachers and practitioners, believe that they can. This comprehensive collection presents an in-depth, yet very practical, comparative review of the dynamic interaction between international standards and relevant national laws and regulations in Asia, substantiated by real-time project examples. Contributors show how some new country laws enhance compensation, negotiation and development opportunities for the displaced. Yet across Asia, they find some way to go to achieve humane and sustainable development paths that fully address the rights, livelihoods, and well-being of the people in the way."

Susanna Price, Australian National University, Canberra

"This book is an excellent addition to the resettlement library. Its focus on the 21st century, especially the new Asian country standards for involuntary resettlement, shows the reader what has been gained as well as remaining challenges. As enforceable laws, country standards offer new possibilities for the displaced and resettled to claim their rights. However, in many countries, indigenous people still face significant barriers, and not all countries have the institutional capacity necessary to implement these more comprehensive standards. I recommend this volume highly for both resettlement practitioners and scholars."

Dolores Koenig, Professor Emerita of Anthropology, American University, Washington, DC, USA