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8 - Moving Forward

Published online by Cambridge University Press:  02 March 2020

Kinnari I. Bhatt
Affiliation:
Erasmus Universiteit Rotterdam
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Summary

This chapter concludes and provides recommendations for the better integration of the judicial and private mechanisms discussed in previous chapters so that they deliver fairer, clearer, more predictable and UNDRIP-compliant outcomes for indigenous communities. National laws must recognise the special vulnerability of land-connected people to development projects and impose a moratorium on land disturbance until a developer has undertaken a preventative conflict assessment. That assessment must take no longer than state divestment of land and must necessitate a mediation process which interfaces with the layers of race, ethnicity, legacy and postcolonial histories that can relate to land. This chapter considers what this process entails (including the requirement for the legal ability of communities to say no at this point) and methods for dealing with the cost and independence of such a process (blind trusts). Aspects of this assessment could, through a code of practice, then feed into project governance much further upstream and tighten existing documentation at the specific points at which indigenous vulnerability to dispossession is high, as detailed. Other suggestions on institutional culture are made.

Type
Chapter
Information
Concessionaires, Financiers and Communities
Implementing Indigenous Peoples' Rights to Land in Transnational Development Projects
, pp. 184 - 204
Publisher: Cambridge University Press
Print publication year: 2020

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  • Moving Forward
  • Kinnari I. Bhatt, Erasmus Universiteit Rotterdam
  • Book: Concessionaires, Financiers and Communities
  • Online publication: 02 March 2020
  • Chapter DOI: https://doi.org/10.1017/9781108689106.009
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  • Moving Forward
  • Kinnari I. Bhatt, Erasmus Universiteit Rotterdam
  • Book: Concessionaires, Financiers and Communities
  • Online publication: 02 March 2020
  • Chapter DOI: https://doi.org/10.1017/9781108689106.009
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Moving Forward
  • Kinnari I. Bhatt, Erasmus Universiteit Rotterdam
  • Book: Concessionaires, Financiers and Communities
  • Online publication: 02 March 2020
  • Chapter DOI: https://doi.org/10.1017/9781108689106.009
Available formats
×