OpenLandContracts.org is an initiative of the Columbia Center on Sustainable Investment (CCSI), a joint center of Columbia Law School and the Earth Institute at Columbia University.
Overview
OpenLandContracts.org is an online repository of publicly available contracts for large-scale land, agriculture, forestry, and renewable energy projects. The repository includes the full text of contracts and associated documents; plain language summaries (also referred to as "annotations") of each contract’s key social, environmental, human rights, fiscal, and operational terms; and tools for searching and comparing contracts. Launched in October 2015, OpenLandContracts.org promotes greater transparency of land-based investments, facilitates a better understanding of the contracts that govern them, and provides useful tools for governments, communities, companies, and other stakeholders.
Why is this needed?
Large-scale investments in land, agriculture, forestry, and renewable energy can have serious implications for land users and local communities, as well as for host governments’ sustainable development efforts. These investments are often governed by contracts between host governments and investors* that define the parties’ respective responsibilities and affect a range of social and environmental issues. However, the contracts can be difficult to access, and even when publicly disclosed, the resources available to assess the key provisions of such contracts and compare them with other contracts may be limited. This, in turn, can result in a critical lack of knowledge. Host governments lose the opportunity to learn from other countries’ experiences, including by comparing the terms that other governments offer for similar investments. Communities are less able to hold governments and investors to account throughout the lifecycle of a project, and are less able to assert their rights. And investors risk heightened community tensions over their land deals, increasing the potential for local conflict and possibly imperiling their investment.
Making contracts available and accessible to the general public can build a climate of stronger accountability and trust. Greater transparency around contractual terms is encouraged by a number of guidelines and principles, including:
- CFS, Principles for Responsible Investment in Agriculture and Food Systems (2014)
- FAO-CFS, Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests in the Context of National Food Security (2012)
- OECD-FAO, Guidance for Responsible Agricultural Supply Chains (2015)
- French Agency for Development (AFD), Guide to Due Diligence of Agribusiness Projects that Affect Land and Property Rights (2014)
- Land Policy Initiative (AUC-AfDB-UNECA), Guiding Principles on Large Scale Land Based Investments in Africa (2014)
- New Alliance for Food Security and Nutrition, Analytical Framework: Due Diligence and Risk Management for Land-Based Investments in Agriculture (2015)
- USAID, Operational Guidelines for Responsible Land-Based Investment (2015)
- United Nations, Principles for Responsible Contracts (2011)
- United Nations, Large-Scale Land Acquisitions and Leases: A Set of Minimum Principles and Measures to Address the Human Rights Challenge (2009)
OpenLandContracts.org informs the growing campaign for disclosure of information around land-based investment in agriculture, forestry, and renewable projects, and demonstrates that contract disclosure in relation to land-based investments is both feasible and valuable.
In addition, the OpenLandContracts.org platform is available as a tool for governments, investors, and other stakeholders interested in land contract disclosure. OpenLandContracts.org can provide technical support to build country-specific websites that include contracts, annotations of key terms, and other relevant documents or tools.
*Occasionally projects are undertaken by a government acting as investor; in these cases, the contract would be between the host government and the investing government. Such contracts are also included on this site.
Who will benefit?
OpenLandContracts.org aims to support a number of stakeholders, including:
- Host governments seeking to negotiate with investors and monitor contract implementation
- Communities and civil society organizations pushing for greater accountability around land transactions
- Companies undertaking due diligence regarding potential concessions, or seeking to align with international best practices that urge contract transparency
- Media covering major investments and natural resource issues
- Researchers, lawyers, and other practitioners seeking more information about the content of land contracts
Our Team
OpenLandContracts.org is an initiative of the Columbia Center on Sustainable Investment (CCSI). It is a sister site to ResourceContracts.org, an online repository of oil, gas, and mining contracts created by the Natural Resource Governance Institute, the World Bank, and CCSI. The project is supported by UKaid from the Department for International Development.