Compulsory land acquisition and resettlement on customary lands: a governance perspective + abstract

Compulsory Land Acquisition and Resettlement are important tools in the acquisition of land and compensation respectively. Many authors have reflected on the need for good governance in the planning phase of land acquisition, but not enough studies have been conducted on how to assess good governance in the implementation of these plans, especially in customary areas. This study aims at assessing the application of good governance in the compulsory land acquisition and resettlement at the implementation phase. The methodology adopted here is both qualitative and quantitative analysis using perspectives of the stakeholders in the Bui Dam Project’s resettlement process and then used to study the elements of compulsory land acquisition and resettlement identified in the framework. A framework for assessing compulsory land acquisition and resettlement comprising four good governance dimensions, transparency, public participation, equity, rule of law & justice, and accountability, is designed based on previous studies in compulsory land acquisition, resettlement and good governance. The results suggest that although the acquiring authority largely took steps to adhere to good governance principles, the structures in place did not aid these attempts, as there were few laws governing the process, and the traditional authorities and the valuation authorities were an obstruction to the plans of transparency and public participation drawn up. In other areas, the acquiring authority did not follow its own plans, such as the livelihood restoration and the accountability arrangements set up. The study concludes that a further look is needed into the role of the traditional authorities in the compulsory land acquisition and resettlement process as well as the formulation of binding laws that cover the process.