1. What is OpenLandContracts.org?
OpenLandContracts.org serves as the first online, searchable, and user-friendly repository of publicly available contracts for large-scale land, agriculture, and forestry projects.
2. Who are the partners contributing to the site?
OpenLandContracts.org is an initiative of the Columbia Center on Sustainable Investment (CCSI), a joint center of the Earth Institute and Columbia Law School at Columbia University. 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.
Using the Website
3. How can I use this website?
OpenLandContracts.org aims to support a number of stakeholders, including: host governments; communities and civil society organizations; investor companies; the media; and development practitioners. The online repository includes: the full text of contracts; 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. Our goal is to improve access to and understanding of these contracts in order to assist all stakeholders, and particularly those with limited resources, to understand key aspects of the contracts that govern land-based investments. At this time, contracts and annotations are available in English, French, Portuguese or Spanish, depending on the country of origin.
Please note that the annotations included on the site do not provide a legal or fiscal analysis of the contracts.
4. How do I search for contracts?
OpenLandContracts.org provides several ways to search for contracts. You can:
- Use the search bar on the Home and Search pages of the site
- Find different categories of contracts by clicking on the icon near the OpenLandContracts.org name in the top left corner
- View contracts by Country or Resource
- Search by using the dropdown menus available on the Search page.
- Use quotation marks to search for a phrase. For example, to search for the company name Thunder Bird International, use “Thunder Bird International” to return the most relevant results.
The dropdown menus on the Search page allow you to search for contracts by: date of contract signature; host country; resource type; investor company name; and contract type. In addition, you can also search for contracts for which certain issues have been summarized by using the “Annotation category” dropdown menu. This can help you find, for example, contracts for which we have summarized obligations or commitments related to local employment, surface fees for land, environmental protection, or the use of physical security.
5. Using targeted search functions
You can use targeted search terms in the Home and Search pages of the site as follows:
- + signifies “AND”: Two or more terms or phrases must be in the description. For instance: consult+indigenous will return search results for documents that contain both consult and indigenous.
- | signifies “OR”: Either one or the other of the multiple terms specified must be in the description. For instance: monitoring|consultation will return search results for documents that contain either monitoring or consultation.
- - negates a search term: Documents possessing the term will be excluded from the search. For instance: -consent will exclude documents containing the word consent.
- " wraps a number of terms to signify a phrase for searching. For instance: “local community” will only return documents that contain that entire phrase.
- * at the end of a term signifies a prefix query. For instance: consult* will return search results for consult, consultation, consulting, consultant, etc.
- ( ) signifies precedence: Any phrase or term in () has a higher precedence than other terms or phrase. For instance: ("local community" + "contracts") | regional will produce search results where "local community" and "contracts" have high precedence over "regional".
- ~N after a word signifies edit distance (fuzziness), meaning the number of character changes that need to be made to one or more string to make it the same as another string. For instance: stabilisation~2 will produce search results for both "stabilisation", "stabilization" and other terms that have maximum two characters difference in their spelling from the search term.
- ~N after a phrase signifies slop amount, meaning how far apart terms are allowed to be while still considering the document a match. For instance: "local community"~2 returns search results where “local community” is a phrase, or where 1 or 2 words appear in between “local” and “community.”
6. How can I use the "Clips" tool to compare contracts?
Users can use the Clips tool to select and compare the text of plain language summaries (annotations) from one or more contracts available on OpenLandContracts.org. Step-by-step guidance on how to use the Clips tool can be found in this Clipping Guide.
7. Can I download data from the site?
OpenLandContracts.org allows you to download a CSV file containing the details of your search results. This option is available on the Search page of the site.
8. What types of agreements are available on this site?
OpenLandContracts.org provides publicly available investment contracts between host governments and investors for large-scale land, agriculture, and forestry projects. We currently include the following types of agreements:
- Agricultural Development Agreements
- Baux Emphytéotiques
- Baux Fonciers
- Concession Agreements
- Contrats de Concession Agricole
- Contrats de Concession Forestière
- Establishment Conventions
- Forest Management Contracts
- Investment Agreements
- Investment Incentive Contracts
- Land Lease Agreements
- Memoranda of Understanding
- Protocoles d'Accord
- Sub-leases
- Timber Sale Contracts
The types of available agreements may expand as the repository evolves.
Land Contracts and Transparency
9. What are land contracts?
OpenLandContracts.org defines “land contracts” as (1) written agreements, including concession agreements, land lease contracts, land transfer/sale contracts, Conventions of Establishment, or other relevant legal documents; (2) between host governments (and/or their sub-entities), investors, (local or foreign) and/or communities;* (3) to transfer rights to use, control, or own land; (4) for the purpose of large-scale commercial agriculture (including biofuels and renewable energy production), timber extraction, or for the generation of renewable energy.
* Occasionally such contracts are executed by two governments; namely, the host government and another government which is the home government of the investor, or which plans to carry out the investments itself. Such contracts are also included on this site.
10. Why are these contracts important?
Land contracts between host governments and investors often define the parties’ respective obligations regarding an investment, and allocate risk between the parties. They can affect a range of economic, operational, social, and environmental issues. For instance, they may set fiscal requirements, such as land rental fees, or fiscal benefits, such as tax exemptions. They may determine operational rights, such as the right to acquire additional land or to build or use infrastructure. And while some contracts require investors to take certain measures to protect human rights or the environment, or to provide social benefits for employees or local communities, other contracts may facilitate investor actions that have negative social or environmental impacts, for example, by not placing restrictions on an investor’s use of or impact on water relied on by nearby communities. Although contracts are not the only relevant set of rules for governments and investors, they are an important part of the legal framework governing an investment.
11. Why is contract transparency and disclosure important?
Recent and forthcoming guidelines on responsible agricultural or land-based investment, including those referred to in the About section of this website, point to the importance of transparency around contractual terms. Contract disclosure provides useful information to host governments, local communities, investor companies, the media, and development practitioners. Such transparency can help in understanding the rights and responsibilities of contracting parties, and in monitoring whether parties fulfill their obligations. Accessible contracts can also help to build trust between governments, investor companies, and affected communities.
12. Who are investors, host governments, and local communities and land users?
- Investors or investor companies are the foreign or local corporate entity that has entered into a land contract with the host government or community and that will be implementing the land deal. As well as corporate entities, an investor can be an individual person, or another country.
- Host governments are the governments of the country in which the investment is being made. Land contracts may be signed by a range of host government entities, although they are frequently signed by national-level ministries or departments.
- Local communities are communities located in or near an investment, while land users are individuals or groups that use or rely on the land underlying the investment. Land users may or may not have formal documentation to the land; a lack of documentation does not necessarily mean that they do not have rights to the land.
13. Are there other rules that regulate large-scale investments in agriculture, forestry, and renewable energy?
Land contracts are important, but are only one part of the legal framework governing a particular land, agriculture, or forestry project. In order to gain a holistic understanding of the terms, rules, and regulations affecting a particular land deal, it is necessary to examine a wide range of sources beyond the contract itself, including: the domestic legal framework governing the investment; the host government’s international legal obligations, including environmental and human rights obligations, and international investment treaty obligations; any side agreements relevant to the investment project; and relevant guidelines and principles to which the host government or investor company may have committed regarding such investments.
OpenLandContracts.org: Methodology and Content
14. How were these contracts reviewed?
OpenLandContracts.org uses a template that assists in summarizing the key terms of contracts. The template, which is also used by our sister site ResourceContracts.org, helps standardize the annotation process. It has been modified several times to incorporate feedback from experts and site users, and may be revised periodically based on user feedback. You can download the template below, along with the template’s accompanying Guidance Note.
- Annotation Template: Commercial Agriculture and Forestry Contracts
- Guidance Note: Annotating Commercial Agriculture and Forestry Contracts
15. Does this website explain whether a contract is fair?
No. This website contains contracts, as well as annotations of key terms. This allows users to review the content of the contracts and to compare the terms of any contract with those in other contracts. In order to evaluate whether the contract is fair, the terms should be analyzed systematically in light of the context in which each contract was signed and the broader legal framework relevant to the contract.
16. Does this website explain whether a contract offers a good deal for the participating government?
No. Determining if a contract is a “good deal” requires an analysis of the terms of the contract. Such a determination is also subjective. For those interested in assessing contracts in this way, key aspects to be considered include:
- fiscal terms (such as surface fees or rent, tax incentives, tax holidays, and how company costs are treated)
- work and investment commitments of the company (if any)
- the government’s rights to monitor and audit the company’s operations
- environmental, social, and human rights obligations
- local employment or local content obligations
- indemnities
- stabilization
- governing law of the contract, and process in case of disputes
- the extent to which the contract is within or outside of the country’s legislation
- confidentiality requirements
The contract should be considered in light of the specific circumstances and context in the host country at the time it was negotiated, in addition to the broader legal framework relevant to the contract. While it can be useful to compare the terms of the contract to other contracts in the same region, it is always important to keep in mind the particular circumstances of each host country.
This site includes several resources to help explain key contract terms, including a Guide to Land and Agricultural Contracts and a Guide to Forestry Contracts, as well as a Glossary of key terms and issues covered by land contracts. A number of organizations also provide direct support to host governments in the negotiation process, including preparing for, negotiating and monitoring deals: Download a list of negotiation support initiatives from the Columbia Center on Sustainable Investment.
17. How accurate are the annotations?
Contract annotations on OpenLandContracts.org are meant to facilitate public understanding of important terms of the summarized documents. OpenLandContracts.org strives to ensure that these serve as neutral annotations rather than interpretations of contract language. OpenLandContracts.org links its annotations to the original language in the contract, so that users can view and assess the contract themselves. Annotations should not be viewed as the interpretation of any contracting party. Moreover, neither the annotations nor the full contracts are complete accounts of all legal obligations related to the projects in question; both should be read in connection with applicable laws and regulations.
The annotations do not assess the legal status of the documents or any of their constituent elements, and no warranty is made regarding the thoroughness or accuracy of any content on this website or of any documents or websites to which this site links. Should you notice any inaccuracies while using the site, please email us at info@openlandcontracts.org.
18. How accurate are translated contracts?
Translated contracts available on OpenLandContracts.org should not be considered official translations of legal documents. The annotations provided for such contracts are compiled using unofficial translations.
19. How accurate is the text version of each contract on the site?
In addition to PDF files of contracts, OpenLandContracts.org provides a text version extracted from the PDF. This text is processed, when possible, using Optical Character Recognition (OCR) software. Each extracted text is then manually reviewed and amended for accuracy through Mechanical Turk, an online transcription service, before being reviewed and further amended. In many cases the text version of the contract may still contain errors.
20. How complete are the contracts?
In some cases, contracts available on OpenLandContracts.org may be missing pages or may refer to additional documents (Annexes, Amendments, etc.) that are missing from the site. We endeavor to note this on the contract's summary page where possible. We can only provide and summarize the information that is available to us, and users should be cautious in relying on the contracts listed on the site, as there may be other annexes, appendices, schedules, pages, or relevant documents that were not made public.
21. What if a contract has been canceled, terminated, or amended?
While OpenLandContracts.org is updated regularly, the information provided on this site is inherently subject to change. In addition, contracts included in the repository may have subsequently been modified or terminated. When modifications have been made public, OpenLandContracts.org endeavors to publish and summarize the modifications, so that users may assess for themselves the impact of the modifications. If we are alerted that a contract has been terminated or cancelled, we will try to verify that information, and include this information in the "Notes" field of the contract page if it is confirmed. OpenLandContracts.org provides access to contracts and their related documents in the original form in which they were made public. When contracts and amendments have been joined together in the same PDF, we summarize them together.
22. How do you decide which contracts to post?
OpenLandContracts.org will post any contract or related document covering a commercial agriculture, forestry, or renewable energy if it has been published or released in the public domain. For purposes of the foregoing, means of publication or release in the public domain include: (a) publication on a government website or in an official government publication; (b) publication on a contracting party’s company website or through its public filings; (c) government release in response to access to information requests; or (d) release online by a non-contracting party. On request, OpenLandContracts.org will also work with host governments interested in making their contracts more accessible to develop dedicated, country-specific front-end websites.
Further details regarding our posting policy and the criteria applied by OpenLandContracts.org in selecting contracts to publish on the site are available here.
23. Are the PDF documents ever edited before you post them?
As a general rule, we post documents in the exact form that we find them. We never make changes to the wording or substance of a document. In the following limited circumstances, we may re-arrange the pages within a PDF contract/document to make it easier to read and understand:
(i) If the contract/document we are posting is contained within a larger PDF document that has many other documents (such as a civil society report on the project that has the contract as an annex), we will excerpt the contract/document we are posting, rather than posting the full original PDF document. This way the first page of the posted PDF is the first page of the contract/document.
(ii) If the contract/document's pages are evidently out of order, we may re-arrange the pages so that they appear in the correct numerical order.
24.What is an "Open Contracting ID"?
Each contract added to OpenLandContracts.org is assigned a unique "Open Contracting ID" (or OCID for short). These unique identifiers, acting somewhat like the ISBNs given to books, can be "used to join up data on all stages of a contracting process." Because a contracting process may involve multiple contracts, documents and other data, which can be published at different times and in different places, an OCID helps users connect data and understand to which contracting process a particular contract relates. Further information regarding OCIDs can be found on the Open Contracting Data Standard website.
25. What is summarized in the "Stabilization" annotation?
As noted in the Glossary, a "stabilization clause" is a clause within a contract between an investor and a host state that addresses changes in the law of the host state during the life of the project. The purpose of a stabilization clause is to offer investors – and their lenders – some assurance that the investment will not be subject to unpredictable and costly changes in law. However, stabilization clauses may also have negative impacts on the host country by, for example, reducing its ability to maintain flexibility with respect to changing economic and political circumstances.
On OpenLandContracts.org, the "Stabilization" annotation category summarizes any provision that amounts to a "stabilization clause," even where the provision is not explicitly referred to within the contract as a "stabilization clause." Where possible, the "Stabilization" annotation also summarizes clauses that seek to prevent the stabilization of a contract.
26. How should I cite OpenLandContracts.org?
OpenLandContracts.org. Columbia Center on Sustainable Investment. Web. [Insert date of access].
27. Where can I send questions and comments about this site? How can I add a contract to the repository?
Please send any questions and comments to info@openlandcontracts.org. This tool is intended to be a public resource, with input from all groups interested in greater transparency of large-scale investments in land, agriculture, and forestry. If you know of contracts that should be included in this growing repository, please email us.
Disclaimer
No warranty is made regarding the thoroughness or accuracy of any content on this website or of any documents or websites to which this site links. Should you notice any inaccuracies while using the site, please email info@openlandcontracts.org.