Path of least resistance: a human rights perspective on expropriation

  • 31/12/2007

  • Land Reform

This article outlines some key elements of a human-rights based approach to the compulsory acquisition of land. It shows that the compulsory acquisition of land often proceeds rapidly where the political, economic and legal power of those affected directly is weakest. While expropriation should be a powerful and beneficial tool for disadvantaged people, they are in fact often its victims. Forced evictions through expropriation continue to grow-millions of people are evicted each year, bringing severe and traumatic consequences for families and communities, for women and for the poor. While international human rights law and many constitutions prohibit forced evictions, enforcement regimes tend to favour those with stronger property rights, in particular foreign investors. Many cases also demonstrate the increasingly "private" nature of public acquisition and underline how compulsory acquisition legislation tends to be abused in practice - particularly in the areas of justification, participation and compensation.