Contesting land grabs,negotiating statehood: the politics of international accountability mechanisms and land disputes in rural Cambodia

Abstract

In Cambodia, rural citizens embroiled in protracted land grabbing cases with the state and private companies are turning increasingly to international accountability mechanisms for resolution. This article applies the interlinked concepts of hybrid governance and legal pluralism to understand the prospects and limitations of ‘forum-shopping’ through appeals to international mechanisms for rural communities affected by land grabs. Drawing on interviews and using process tracing, it examines the outcomes of a mediation case filed with the International Finance Corporation’s Compliance Advisor/Ombudsman (CAO) involving indigenous groups and a Vietnamese rubber company in north-east Cambodia. It argues that while international accountability mechanisms yield platforms for dispossessed groups to assert claims, they also reify choices between entitlements and attainability without circumventing the problems associated with justice delivery under Cambodia’s authoritarian regime. Overall, this study highlights the interaction, competition and collaboration between distinct forms of regulatory authority exercised by national and transnational actors involved in land grabbing cases in Cambodia, demonstrating their role in ‘negotiating statehood’ by governing local claims to land.     

Land and agricultural commercialisation in Meru County,Kenya: evidence from three models*

What are the relative pros and cons of different pathways of agricultural commercialisation in Africa? This paper examines aspects of three commercial farming cases, each of which represents one of the three most dominant models of commercial agriculture – small-scale outgrowers, medium-size commercial farms and a large estate – in the high-potential area of Meru County in Kenya. The paper provides a comparative perspective across the cases, examining their outcomes in terms of land relations, labour, livelihoods and local economic linkages. The study used a mixed-methods approach, including a household survey and a range of qualitative methods including detailed life histories. We find diverse dynamics across our cases: increasing land consolidation spurred by the rising class of commercial coffee farmers, but also land fragmentation as a result of population pressure and prevalence of inheritance as a pathway to land acquisition in the case of horticultural outgrowers. The plantation generates relatively better paid employment for permanent skilled workers, while the commercial farms create employment for casualised, insecure and poorly paid seasonal labour. These labour regimes are highly gendered. The outgrowers combine family and hired labour. Across the three cases, farmers diversify income between on-farm and off-farm sources. The commercial and outgrower farms are dynamically integrated into the local economy, while the estate is less so. These features of the three models generate processes of social differentiation, which are reshaping the agrarian structure and rural economy in Meru County.     

耕地集约化租赁的纠纷审视与司法应对

耕地集约化租赁虽对实现农业的转型升级具有积极作用,但也出现了一些损害农村土地权益的负面现象,并逐渐演化为诉讼纠纷。其所凸显出的发展与有序的问题不容忽视,需要司法实践积极回应,并进行利益平衡上的思考。     

Fighting rural poverty,inequality and low productivity through legal empowerment of the poor

The purpose of this essay is to introduce the work of the Commission on Legal Empowerment of the Poor (CLEP) to the broader academic community interested in the challenge of eradicating rural poverty and promoting the structural and institutional changes which underpin such a challenge. While rural development research in the past has included work on several components of the legal empowerment of the poor (LEP) agenda such as property and labour rights, much less attention has been given to the other two pillars of the framework – access to justice and rule of law and business rights – which together constitute the four pillars of LEP. However the real difference and value added is the power of the systemic interaction among the pillars and the empowerment approach to change. In this approach, change is initiated bottom up with legal identity, organisations, information, and voice of the poor. In other words an active citizenry, complemented by a democratic and effective state. None of this happens naturally as vested interests and skewed power and asset relationships are bound to get in the way of change to greater equity. Such change is only likely to come through iterative contestations between organisations of the poor, the middle class, and the state. This approach is not presented as a panacea but one which will hopefully complement and accelerate what is already working.     

Land grabbing in Latin America and the Caribbean

Land grabbing has gained momentum in Latin America and the Caribbean during the past decade. The phenomenon has taken different forms and character as compared to processes that occur in other regions of the world, especially Africa. It puts into question some of the assumptions in the emerging literature on land grabbing, suggesting these are too food-centered/too food crisis-centered, too land-centred, too centred on new global food regime players – China, South Korea, Gulf States and India – and too centred on Africa. There are four key mechanisms through which land grabbing in Latin American and the Caribbean has been carried out: food security initiatives, energy/fuel security ventures, other climate change mitigation strategies, and recent demands for resources from newer hubs of global capital. The hallmark of land grabbing in the region is its intra-regional character: the key investors are (Trans-)Latin American companies, often in alliance with international capital and the central state. Initial evidence suggests that recent land investments have consolidated the earlier trend away from (re)distributive land policies in most countries in the region, and are likely to result in widespread reconcentration of land and capital.     

关于土地革命战争时期的毛泽东党建思想研究

土地革命战争时期，毛泽东在多篇重要的讲话、报告和文章中探讨了在当时的历史背号下中国共产党的自身建设问题，其内容主要涉及到党的思想建设、组织建设和作风建设等方面。进入21世纪，中国共产党人重温毛泽东土地革命战争时期的党建思想，对做好新时期的党建工作给予诸多而有益的重要历史启示。     

Book reviews

During the past two decades agrarian (‘land and farm’) reforms have been widespread in the transition economies of Eastern Europe, the Caucasus and Central Asia (EECCA), following earlier ones in Asia (China and Vietnam). However, independent family farms did not become the predominant sector in most of Eastern Europe. A new dual (or bi-modal) agrarian structure emerged, consisting of large farm enterprises (with much less social functions than they had before), and very small peasant farms or subsidiary plots. The paper compares five case studies, looking at agrarian actors, property rights, state influence, and rural poverty. These are Russia, Armenia, Moldova and Uzbekistan in the EECCA region, and China's Xinjiang province in Asia. The paper concludes that state influence is still substantial, property rights regimes are quite diverse and rural poverty remains medium to high. State-led agrarian reform, in particular where a redistributive (or restitution-based) land reform was implemented led in some cases to land-based wealth redistribution, but policies and institutions were lacking to support the individual farm sector. More often the outcome was a rapid transfer of land in the hands of corporate farm enterprises, reversing the initial process of ‘re-peasantization’. It seems that the old ‘Soviet dream’ of mega-farm enterprises in the ‘transition to capitalism’ has regained prominence, with huge agro-holdings ‘calling the shots’, providing an insecure future for agricultural workers, peasants and farmers.     

The peasants in turmoil: Khmer Rouge,state formation and the control of land in northwest Cambodia

Over the past 15 years, northwest Cambodia has seen dramatic agrarian expansion away from the central rice plain into the peripheral uplands fuelled by peasant in-migration. Against this background, we examine the nature of relations between the peasantry and the state. We first show the historical continuities of land control processes and how the use of violence in a post-conflict neoliberal context has legitimised ex-Khmer Rouge in controlling land distribution. Three case studies show the heterogeneity of local level sovereignties, which engage the peasants in different relations with authority. We examine how these processes result in the construction of different rural territories along the agricultural frontier and argue that, in this region of Cambodia, the struggles between Khmer Rouge and neoliberal modes of land control are central to state formation processes.     

Food security or commercial business? Gulf State investments in Australian agriculture

Worldwide investments in agricultural land have gained much attention in recent years, resulting in renewed awareness of land as being a scarce and finite resource. This paper investigates a case of South-to-North land deals, namely investments from the Arab Gulf targeting agricultural land in Australia. For the Arab Gulf States that highly depend on external food supplies, investment abroad is one strategy to guarantee future food security. At the same time, leading Australian political and economic representatives have been eager to attract investments from the Gulf. Increasing foreign investment in Australian land has, however, provoked a vivid public debate in Australia. Concepts of foreign direct investment and its role are currently renegotiated on the federal level with regard to Australia's own food security, the ‘national interest’ and the redefinition of ‘Australian agricultural land’. While these concerns also play out on the local level, investments have to be seen within the wider context of Australian ruralities. The paper reveals how food security and commercial and financial interests intersect and become blurred within current transformations of the global agri-food system.     

Politics of inclusion and exclusion in the Chinese industrial tree plantation sector: the global resource rush seen from inside China

In the last two decades, the industrial tree plantation (ITP) sector has expanded rapidly in southern China, causing important changes in land-use and land control. It involves both domestic and transnational corporations, and has provoked widespread conflict and political contestations. The villagers who are affected by the expansion of ITPs have reacted in varied and complex ways: some of the villagers were incorporated in the ITP sector, while others are excluded; some have embraced the change, while others have complaints; and some of the complaints remained latent, while others developed into (overt or covert) forms of resistance. This paper explores how and why various social groups have responded differently to the expansion of ITPs. This paper reveals the dynamics of villagers’ inclusion and exclusion in the ITP sector, covering both ‘passive’ and ‘active’ forms of inclusion and exclusion, resulting in differentiated political reactions from villagers. This paper hopes to contribute towards a more comprehensive understanding of the complex engagement of villagers in changes in land use and land control, not just in the most commonly studied countries in global land grabbing but inside China, and in transactions that involved large foreign companies, something that has so far been missed in the literature on land grabbing.