Towards a protocol on fair compensation in cases of legitimate land tenure changes: Input document for a participatory process

The Organising Committee of the Dutch Land Governance Multi-Stakeholder Dialogue has commissioned an investigation into the need and possibility to develop a protocol on fair compensation in cases of legitimate land tenure changes, with a focus on expropriation. This is in line with the Ministry’s role in the Land Governance Multi-Stakeholder Dialogue. This dialogue involves government, civil society, business, finance and academia.
The protocol should serve as guidance for all relevant actors, such as representatives of affected people, governments, project developers, financers, donors and civil society organisation in cases where a fair compensation needs to be assessed. Land tenure changes, particularly relocation, are an impactful process for holders of tenure rights. The duty to avoid or at least minimize displacement is mentioned across a variety of voluntary guidelines, in both national and international legal systems, and in human rights conventions.