Countries: China
World Bank Award: Legal Education Center for Farmers’ Land Rights
2008
Description of a Landesa program in China funded by a $198,000 grant from the World Bank to create a Legal Aid and Education Center to provide free and accessible legal education to farmers in rural counties of Guangxi province, and reach out to local area governments and villagers’ committees to increase awareness of farmers’ land rights. Every year more than one million farmers lose their agricultural land due to state expropriations, land readjustments or other forms of compulsory takings in China. Most farmers do not possess basic knowledge about their land rights under the law. The project will be the first of its kind in China, because there are few legal aid services in the countryside, let alone a legal aid center devoted to farmers’ agricultural land rights. | Link to information
World Bank: Chinese Farmers’ Land Rights at the Crossroads – Findings from 2010 Nationwide Survey
2011
A presentation by Landesa staff about a nationwide survey of farming families in China, in which the researchers describe issues relating to documenting land rights, investments in land, an emerging land market, compulsory land takings, and corporate leasing and farming, and offer recommendations. | Download PDF
Who Owns Carbon in Rural China?
2010
This paper by staff from Landesa (then called the Rural Development Institute) describes the ways in which farmers’ rights to forestland and trees are compromised by historical and institutional factors, and government programs to protect forests. The authors conclude that to ensure the long-term success of such programs while addressing the welfare of the affected rural poor people, China should continue reform efforts, particularly bolstering the security of farmers’ rights over forestland and trees and adequately compensating farmers affected by carbon sequestration programs. | Download PDF
The Impact of Regulatory Takings by the Chinese State on Rural Land Tenure and Property Rights
2010
This paper by staff from Landesa (then called the Rural Development Institute) explores the impact of the Chinese government’s policy measures to improve forest coverage, which aim to protect land from soil erosion and improve overall ecological status, but have negatively impacted the livelihoods of forest farmers who rely on forest production for living. The paper discusses regulatory takings laws in the US and some European countries; describes regulatory takings laws that govern the definition of regulatory taking, compensation standards for such takings and procedural requirements for filing a regulatory takings claim; and recommends legislative reforms for China’s regulatory takings, taking into account the unique characteristics of China’s property rights institution. | Download PDF
A Case Study on Large-Scale Forestland Acquisition in China
2010
This study by staff from Landesa (then called the Rural Development Institute) examines the case of one Foreign Direct Investment made by Stora Enso with International Finance Corporation support in forestland plantations in Guangxi, China. The study (conducted between December 2009 and June 2010) finds that despite Stora Enso’s good intentions for Corporate Social Responsibility (CSR), there are major limits to their legal due diligence, which raise risks for local people to both their rights to land and livelihoods. The study points to the continued difficulty of meeting local laws, much less global standards, by foreign investors who hold a commitment to CSR. | Download PDF
2010 Findings | 17-Province Survey of Rural Land Rights in China
FEBRUARY 2011 – 2010 findings from 2010 survey of 17-provinces in rural China show that reforms have boosted farm incomes but significant challenges remain. China continues to boost economic development in the countryside by extending secure land tenure rights to its 200 million farming families, according to findings from a 17 province survey, published in the 2011 Chinese Academy of Social Sciences’ Rule of Law Blue Book. | View report online | Download PDF
Secure Land Rights as a Foundation for Broad-Based Rural Development in China: Results and Recommendations from a Seventeen-Province Survey
Land rights in China could assist sustainable development and the livelihoods of over 750 million rural people. This report presents the findings and implications of Landesa’s 2008 edition of their recurring nationwide survey conducted in China on farmers’ land rights. The results and recommendations are available on the publisher’s website: the National Bureau of Asian Research (NBR).
Women and Land Tenure in China
A Study of Women’s Land Rights in Dongfang County, Hainan Province
This report discusses women’s rights to land in China, based on field research conducted in January 2000 in Dongfang City of Hainan Province. Granting women in China legal rights to land is unlikely to translate into sustained access and control over land resources unless and until these rights are both socially recognized and adequately enforced. download PDF
The UN’s Empty Plan for Poverty
An Article from the Far Eastern Economic Review by Roy Prosterman | download PDF
The Rural Land Question in China; Analysis and Recommendations based on a 17-province Survey
An analysis published in New York University Journal of International Law and Politics, 2006 | download PDF
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