using web platforms to promote transparency and strengthen land rights
TRANSCRIPT
DOCUMENT TITLE 1
Emily Polack6 July 2016Author name
DateAuthor nameDate
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Partner logo
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Emily Polack6 July 2016
Using web platformsto promotetransparency andstrengthen land rights
Legal Tools Webinar
DOCUMENT TITLE 2
Emily Polack6 July 2016
Background
• Increasing number of online platforms providing information on land deals
• But what contribution are they making to legal empowerment?
• To be effective as a legal empowerment tool – for transparency, accountability, justice, and better land governance – some key issues need consideration:
• Reliability and credibility of data• Data types and level of detail• Maximising reach and reaching targets• Accessibility • Sustainability (ensure accuracy and usefulness over time)• Practical uses of or engagement with the data
DOCUMENT TITLE 3
Emily Polack6 July 2016
Case examples
• Open Land Contracts: making investment contracts for large-scale land deals publicly available, plus legal analysis and advisory service
Speaker: Sam Szoke-Burke• Open Development Myanmar: documenting land
conflict in Myanmar; legal aid services; and fact-based stakeholder engagement for protecting land rights and improving land governance
Speaker: Wai Wai Lwin
IIED WebinarUsing web platforms to
promote transparency and strengthen land rights
Sam Szoke-BurkeColumbia Center on Sustainable Investment
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Large-scale land, agriculture, and forestry contracts
Outline
1. Investment contracts and agricultural projects
2. What is OpenLandContracts.org (OLC)?
3. How does OLC contribute to transparency?
4. Challenges5. Contributing to best practices?6. Practical uses of OLC
Contracts & agricultural projects
Agricultural projects are governed by many different legal frameworks. National laws of host state International law National laws of home state International standards and best practices Contracts between different players
Investment contracts (between host government and investor) Create additional obligations Can limit how domestic law applies (including laws on tax,
environment, and human rights) Usually negotiated without public participation Rarely published
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What is OLC?
OpenLandContracts.org is the first online, searchable, user-friendly repository of land contracts
The repository features publicly available contracts for large-scale land, agriculture, and forestry projects
It is freely available to all users
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What is OLC?
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What is OLC?
The OLC repository features:1.Full text of contracts2.Plain-language summaries (“annotations”) of each contract’s key social, environmental, fiscal, and operational provisions 3.Metadata, i.e. basic contract information (country, signature date, resource type, etc.) which is used to categorize contracts and improve searchability
Metadata / searching
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Annotations
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Objectives
OpenLandContracts.org aims to: 1. Promote greater transparency and
facilitate disclosure of land contracts2. Equip stakeholders with the tools and
resources necessary to effectively read and understand land contracts
3. Catalyze broader awareness of the implications of land contracts and their underlying deals
4. Demonstrate that land contract disclosure is both feasible and valuable
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http://www.open-contracting.org/2016/03/10/takeaways-from-eiti-2016-contract-transparency-is-becoming-norm/
Challenges Convincing governments to disclose
OLC does not leak contracts; we work with governments.
Reliability / credibility Contract disclosure policy Framing: the publicly available version may not be the final /
only version regulating the project
Dissemination to, and use by, affected communities Lack of web-connectivity Ability to batch download contracts and annotations
Lack of best practices Framing of OLC content: need to consider context, and listing
of contract is not endorsement.
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Contributing to best practice?
Demonstrating that transparency can help governments Raising awareness regarding practices of other
governments Providing a platform for affected communities to become
informed, and to use for advocacy or self-organization Awareness of contracting practices allows policy makers
and civil society to determine advocacy and reform priorities
No explicit endorsement: contracts need to be considered in their context
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Practical uses: OLC Mini-Grants Program
Two grants awarded to encourage innovative uses of OLC. CED, Cameroon testing guidance on understanding and
monitoring land contracts. Focusing on the SGSOC palm oil concession (see the SGSOC contract).
A journalist from Thompson Reuters Foundation will visit sites of several projects featured on OLC to compare the realities on the ground with the relevant contract and to create global discussions about transparency.
Contracts exercise can be incorporated in training and capacity building efforts — see http://www.openlandcontracts.org/page/resources
Other ideas? We would love to help.
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How can CSOs use OLC? OLC can be used as a tool for empowerment
Designed for users without legal training/experience Can help advisers / community members understand
contracts governing projects, and see what other governments are negotiating.
Can assist communities carrying out community-led monitoring efforts
Contracts are another source of enforceable rights. Communities can use them as a platform for
advocacy on legal reform, better contracting practices, a government’s failure to monitor and enforce contracts, etc.
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Open Data Myanmar: Using web technology
to create transparent land
conflict information in
Myanmar 06 July 2016
Open Data Myanmar (ODM) (www.opendatamyanmar.com) --- Web-based database
To collect and document individual land dispute cases from across Myanmar
Focuses on conflicts between individuals and companies or government actors
Hopes to collect data from across the 14 states and regions in Myanmar, so as to be able to show patterns in land grabbing geographically
Most of the cases are related to investment projects
1) Addressing the lack of transparency in land conflicts and ensuring reliable and credible data Collecting info at field --- verified ---
analysed / extract --- import to offline database --- export to online database
Data displayed as “cases details” with (very draft Google) maps
ODM focused on collecting facts with strong evidence --- not story-based info
2) Promoting practical uses of the data
Legal literacy training with the affected community Highlighting strong and weak points in the
laws Empowering the community members with
the basic knowledge of laws and legal aspects
ODM offered a free comprehensive legal service to the affected communities Writing letters of complaint to relevant
authorities Representing them in mediation and court
cases
3) Influencing law/policy change and best practice relating to the governance of land based investments
Providing independent data which can be used by civil society, MPs and policy makers
Contribution towards the development of good policy and law
Info from the ground Supporting policy makers, NGOs and
donors to understand local land conflict dynamics
Cont.
Carrying out awareness raising with MPs, investors and other actors about the site
Created fact sheets which include a summary of the info by type of land grab, geographical area, and simple graphs
4) How can CSOs make use of ODM to protect the rights of citizens To provide independent data which can be
used by civil society, MPs and policy makers Build a picture of land grabbing across
Myanmar, and by developing more accurate data --- with proposed investment projects
To feed information directly from affected communities up to national level
Present more visual representation of the data and using maps
5) Challenges and Next Steps Due to the history of dictatorship and
a repression of freedom of speech in Myanmar
A climate of mistrust also meant that organisations and institutions
Little sharing of data between government departments
Detailed information from Google map is not available in Myanmar
Cont.
Continue to monitor previously documented cases
To improve data on land and the inter-ministerial sharing of info
Visiting the township offices with a lawyer helped --- to convince officials of the need to share data such as current land maps of the area
Offering an email update service Seminars Circulating info on social media