Researching Transparency

Large-scale land-based investments, such as agricultural, forestry, and certain renewable energy projects, hold diverse and far-reaching implications. Despite their significance, these investments are often negotiated and approved behind closed doors, and governed by contracts that are difficult to access and understand. This status quo is particularly concerning in countries where land contracts play a pivotal role in allocating risks and determining the benefits of land-based investment, including for those affected who lack a voice in the negotiation process. Further, even when information is available, different actors may face barriers in using that information to advance their objectives and protect human rights. Challenges with consultations, free, prior and informed consent, impact assessments, permits and authorizations, contract negotiations, monitoring, and grievance redress thus all exhibit important transparency implications.

An emerging consensus is increasingly evident on the need for greater transparency in land-based investment, including in the contracting process. To catalyze greater transparency in practice, contribute to the development of a coherent narrative on the roles of stakeholders, and ensure that greater transparency leads to positive outcomes on the ground, CCSI conducted research on a range of topics within this issue area.

Reports and briefings

• CCSI and Centre pour l’environnement et le développement (CED) research report, “Transparency of Land-based Investments: Cameroon Country Snapshot” (March, 2021)
• CCSI research report, “Transparency for Whom? Grounding Land Investment Transparency in the Needs of Local Actors” (March, 2021)
• CCSI shared a working version of an academic article entitled “Mechanisms for Consultation and Free, Prior and Informed Consent in the Negotiation of Investment Contracts,” which was published in final form by the Northwestern Journal on International Law & Business, Volume 41 (2020-2021).
• CCSI working paper on whether and how international law requires disclosure of investor-state land contracts and the implementation of transparent contracting processes (March 2017).
• CCSI contributed analysis of various concessions contracts to WRI’s Working Paper on Logging, Mining, and Agricultural Concessions Data Transparency: A Survey of 14 Forested Countries (March, 2017).
• CCSI opinion piece, “Here’s the Deal” in RICS Land Journal (November 2016), addressing contract disclosure and other land investment transparency issues.
• CCSI and the Open Contracting Partnership (OCP) briefing on Transparency in Land-Based Investment: Key Questions and Next Steps (March 2016). 
• CCSI guide on Recommending Transparency in Land-Based Investment: A Summary of Relevant Guidelines and Principles (March 2016). This short guide consolidates recommendations regarding transparency in land-based investment featured in guidelines and principles published by international organizations, government agencies, and multilateral or multi-stakeholder groups.

Blogs and opinion

• Land and resource investment consultations in the time of COVID-19: The hazards of pressing on, Thomson Reuters Foundation News (May, 2020)
• Contribution to Land Portal debate on Open Land Data in the Fight against Corruption (September 2019)
• Here’s how Cameroon can achieve land transparency, Thomson Reuters Foundation News (August 2018, with FLAG Cameroon)
• Contribution to a Land Portal debate on Open Data and Land Governance: Increased accountability and transparency as a means to overcoming poverty? (September 2016)
• Opening Up Land Deals and Land Data … With Caution, Land Portal (September 2016)
• Uncloaking the Secrecy Behind Large-Scale Land Deals, State of the Planet (January 2016)