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 use as a resource for resettlement management training programs and graduatelevel courses/seminars in development studies.
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
"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