Resettlement in Asian Countries: Legislation, Administration and Struggles for Rights

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. Cover Half Title Series Title Copyright Dedication Contents List of figures List of tables List of contributors Preface and acknowledgements List of abbreviations 1 Resettlement and development: the challenging journey Part I Country frameworks for resettlement management and administration 2 Development-induced displacement and resettlement in Bangladesh: the new land law and resettlement guidelines 3 India’s historic land acquisition and resettlement law: journey of triumph and hope 4 Country safeguard systems in Sri Lanka: recent changes in the land acquisition law and its impact 5 Evolution of land administration law and resettlement regulation in China: setting new standards 6 Transmigration, resettlement and development in Indonesia: does the 2012 law represent a paradigm shift? Part II Struggles with displacement and resettlement: Country case studies 7 Forced displacement and resettlement: refugees and resettlers in Afghanistan 8 Urban house demolition policies in China: a review and analysis 9 Resettlement and development in Cambodia: land rights, compensation and policy gaps 10 Resettlement laws and policies in the Philippines: are they relevant today? 11 Resettlement in hydropower projects in Pakistan: lessons from case studies and way forward 12 Land reforms and ownership in Central Asia: acquisition and resettlement management in Kazakhstan and Tajikistan Part III Valuation for fair compensation and financing of resettlement 13 ‘Fair compensation’ under India’s new land acquisition and resettlement law: provisions and practices 14 Valuation of land for fair and just compensation: methodological issues and challenges 15 Innovative financing mechanisms for resettlement: the Three Gorges Project, China Part IV Indigenous peoples’ rights and development impact 16 Development and tribal rights in Cambodia: laws, policies and regulations 17 FPIC as Indigenous Peoples’ empowerment tool: case studies from Nepal and Russia 18 The changing balance of statute and negotiated agreement: research in Lao PDR resettlement policy and practice 19 The Indian Forest Rights Act (2006) and International Legal Regimes: a review and comparison Part V Alternatives to land acquisition for development projects 20 Beyond legal rights and titles: rehabilitation of slum dwellers of Mumbai 21 Land pooling as a futuristic land assembly strategy in India: a critical analysis 22 The future of resettlement and development Index