DEALING WITH DISCLOSURE: IMPROVING TRANSPARENCY IN DECISION-MAKING OVER LARGE-SCALE LAND ACQUISITIONS, ALLOCATIONS AND INVESTMENTS

The report argues that secrecy in large-scale land deals drives bad governance and human rights abuses. It proposes a precautionary principle of "if in doubt, disclose" and identifies four critical entry points for transparency: participatory land use planning, free prior and informed consent (FPIC), public disclosure of all contracts, and independent multi-stakeholder oversight.

• The report advocates for a shift in international norms toward a precautionary principle of "if in doubt, disclose," where states and businesses automatically disclose all information unless it is proven that disclosure would harm commercial competitiveness or the public interest.
• Four priority entry points are identified to improve transparency and accountability: transparent land and natural resource planning, free, prior, and "informed" consent, public disclosure of all contractual documentation, and the use of multi-stakeholder initiatives, independent oversight, and grievance mechanisms.
• For consent to be truly "informed," information must be provided in accessible formats, translated into local languages, and distributed orally for those with low literacy.
• Public disclosure of all contracts—including memorandums of understanding, investment agreements, and impact assessments—is critical because these documents often carry more legal weight than national legislation in countries with weak rule of law.
• The report rejects the common use of "commercial confidentiality" clauses to hide land deals, arguing that contracts involving public resources are tools of public policy and must be available to the public.
• Beneficial ownership transparency is essential to prevent the use of shell companies in secrecy jurisdictions to hide the real individuals who control land investments and avoid accountability.
• Competitive bidding, such as the land auction model used in Peru, can improve transparency by eliminating direct negotiations between private buyers and public officials and making business plans public.
• Independent monitoring by civil society organizations (CSOs) is necessary to ensure that project implementation adheres to contractual terms and global standards, especially when government capacity is low.
• There is a significant gap in existing literature and policy regarding transparency during the project end and post-project phases, particularly concerning how land is returned to communities when contracts are terminated early.

APA

Global Witness (2012). DEALING WITH DISCLOSURE: IMPROVING TRANSPARENCY IN DECISION-MAKING OVER LARGE-SCALE LAND ACQUISITIONS, ALLOCATIONS AND INVESTMENTS. https://globalwitness.org/documents/163/Dealing_with_disclosure_Apr_2012.pdf

Chicago

Global Witness. DEALING WITH DISCLOSURE: IMPROVING TRANSPARENCY IN DECISION-MAKING OVER LARGE-SCALE LAND ACQUISITIONS, ALLOCATIONS AND INVESTMENTS. 2012. https://globalwitness.org/documents/163/Dealing_with_disclosure_Apr_2012.pdf.

Wikipedia

{{cite report |author=Global Witness |title=DEALING WITH DISCLOSURE: IMPROVING TRANSPARENCY IN DECISION-MAKING OVER LARGE-SCALE LAND ACQUISITIONS, ALLOCATIONS AND INVESTMENTS |date=April 2012 |url=https://globalwitness.org/documents/163/Dealing_with_disclosure_Apr_2012.pdf |access-date=23 October 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{globalwitness2012dealing, author = {{Global Witness}}, title = {{DEALING WITH DISCLOSURE: IMPROVING TRANSPARENCY IN DECISION-MAKING OVER LARGE-SCALE LAND ACQUISITIONS, ALLOCATIONS AND INVESTMENTS}}, institution = {Global Witness}, year = {2012}, month = apr, url = {https://globalwitness.org/documents/163/Dealing_with_disclosure_Apr_2012.pdf}, urldate = {2026-10-23}, note = {Indexed by Climate Insights Directory} }