Handbook on Peace Agreement Draft Language
Land
Introductory Notes
Land access, use, and ownership are key concerns for post-conflict peacebuilding, particularly in those conflicts where displacement, demographic shifts, historical grievances, or inequitable access to land were driving factors for violence.
Although land is commonly viewed as a tangible resource, many communities regard it as a vital source of identity, cultural heritage, and sustenance—something worth defending. In this light, safeguarding one’s land becomes an act of survival. Considering that identity-based attachments to land can run very deep, parties may consider it essential to address land issues in peace processes to ensure that existing or future land controversies do not undermine the peace process.
Keeping this in mind, well-crafted provisions on land can support reconciliation, resolve historical grievances tied to land dispossession, and establish frameworks for the fair allocation and use of land to promote socio-economic stability and development. A Land Chapter can also help communities restore access to ancestral lands, protect traditional claims, ensure legal pathways to settle disputes, and promote sustainable use of the land. It can also foster gender equality through structural transformation of institutional norms that limit women’s rights to land ownership.
In this regard, an important aspect of land rights is gender equality. Women have been at the center of human rights violations worldwide regarding their rights to own land. Discriminatory laws and social norms that view women as dependent on men often limit women’s property rights. Acknowledging women as independent citizens who have the right to own land, irrespective of their family or community, is an important guarantee for their social and economic rights but also for the country’s economic development. Special attention must be paid to social and institutional conditions that have helped consolidate a practice of exclusion of women from the assets of production and from public and social benefits. In post-conflict settings, parties may consider incorporating language that hints at a structural transformation aiming to give new opportunities to women contributing to gender equality.
Negotiating land issues can be particularly challenging to the extent that parties may be tempted to delay those questions; however, often this is not an efficient approach as it does not take so long to result in land grabbing, black market for land, and violent attacks.
While land issues can be the root of conflict, they can also be part of the solution to the conflict. Land can be used to incentivize peace, reward cooperation, or demarcate new political realities. Territorial concessions and redrawn boundaries may help end hostilities or accommodate autonomy demands, while decentralization allows local governance over culturally significant areas without full secession. Demilitarized zones and buffer areas reduce tensions and build trust, especially when paired with international oversight. Even symbolic land transfers—such as returning sacred sites or establishing reconciliation zones—can carry profound meaning in healing historical wounds. When used thoughtfully, land provisions in peace agreements can incentivize compromise, prevent future conflict, and lay the groundwork for inclusive governance. Draft language relating to the use of land as a tool for diplomatic negotiation and to put an end to the war is discussed in the Chapter on Border and Disputed Territories.
Definitions
Land: physical territory, including inhabited and arable lands, tied to individual or community livelihoods, cultural practices, and traditional tenure rights. For the purposes of this handbook, land does not include natural resources which may lie beneath the ground as they are dealt with in a separate Chapter.
Goals of Land Provisions in a Peace Process
Negotiating land provisions in a peace process may serve to:
- Restore Rights: Redress past dispossessions, either pre-dating conflict or due to conflict, and secure tenure rights for individuals and communities affected by conflict.
- Stabilize Livelihoods: Ensure access to arable and habitable land to support the resettlement and livelihoods of displaced persons, and provide stability for economic development and security, including food security.
- Ensure Equity: Address disparities in land ownership and prevent monopolization of land by elites, former combatants, or any other single community.
- Reduce Tensions: Establish clear property boundaries and land use policies, as well as guarantee continued access to land in the future, to prevent land-based disputes from reigniting conflict.
- Poverty Reduction: Land plays a vital role in sustaining livelihoods, and owning land empowers families and communities to engage more fully in economic activities.
Why Include This Chapter
The inclusion of a Land Chapter in a peace agreement may serve to:
- Define and formalize what constitutes land rights;
- Securing the return and rights of displaced populations;
- Address inequalities and grievances related to historical land dispossession;
- Provide legal and administrative mechanisms to handle land disputes fairly;
- Stabilize access to land for agriculture, settlement, and local commerce.
Core Issues Addressed
Most peace agreements address the following core issues in a Chapter on Land:
- Legislation: This section addresses legal ambiguities concerning the access, use, and ownership of land and land-based resources. Such ambiguities may have existed long before the conflict or emerged during it, due to the progressive deterioration of the state. In any case, addressing legal ambiguities can help avoid confusion and instability, foster development of secure tenure and investment in land, and avoid tensions among groups.
- Rights of Access to and Use of Land: addresses dated and unclear language on land rights.
- Overlapping Jurisdictions: focuses on the multiple institutions and laws that often govern land rights and may create confusion due to overlapping jurisdictions.
- Process of Land Acquisition: sets rules on transparency, corruption and discrimination to govern the process of gaining individual control of land.
- Dispute Resolution Mechanisms: This section establishes procedures to specifically address and resolve land-related disputes in a post-conflict context.
- Land Commissions: outlines the creation of mechanisms responsible for handling land disputes, including the composition of the commission.
- Community Mediation: provides localized mediation avenues for minor disputes.
- Ensuring the Right to Return, Restitution and Compensation: This section covers frameworks for the return of individuals and communities and to address their demands for restitution, resettlement, and compensation.
- Return of Displaced Persons: focuses on strategies to foster the return and reintegration of displaced persons or vulnerable groups.
- Land Restitution: supports the reinstatement of property for displaced persons.
- Resettlement Support: provides guidelines to assist resettlement where restitution is not possible.
- Compensation: establishes mechanisms for compensation for those who suffered loss of or damage to their land.
- Recovery and Restoration of Productive Land: This section focuses on returning degraded and mined lands to their productive potential, by addressing challenges connected with environmental degradation that arises from conflict and that often makes land unusable. Common driving factors for environmental degradation include widespread presence of landmines, cluster munitions, and unexploded ordinances, as well as pollution of natural resources like water, and firewood.
- Rehabilitation Programs: establishes programs to rehabilitate lands affected by war-related environmental degradations.
- Mine Clearance: focuses on the presence of mines (very common challenge) which make land unusable and seriously threaten the life of all living beings.
- Land Reforms: This section focuses on measures that aim to modernize the administration of land to address related challenges that arise in a post-conflict context.
- Land Fund: enables free distribution of land to ensure that all citizens have equal opportunities of access, use of law and ownership of land.
- Discriminatory Laws and Policies: eliminates laws and policies that are discriminatory and limit the access of certain individuals or communities to land ownership.
- Reform of Land Administration Infrastructure: focuses on the development of efficient and transparent systems for storing information about land administration.
Rights of Access to and Use of Land
Note to Drafters: Post-conflict societies often suffer from legal ambiguity regarding land rights, which often generates frustration and in some circumstances even violence. Such ambiguity may be the result of the inconsistent application of legislation or the lack of precise and clear language in relevant legislation. Especially in post-conflict settings, parties may find it necessary to address existing challenges with legislation and ensure that new legislation is conflict sensitive.
The Parties commit to revising and clarifying existing legislation governing land rights to eliminate ambiguity, outdated terminology, and discriminatory provisions. All references to land rights in this Agreement shall be interpreted in accordance with principles of equity, transparency, and non-discrimination.
Overlapping Jurisdictions
Note to Drafters: In post-conflict settings, customary, statutory, religious, and other legal regimes often function in parallel. This brings advantages and disadvantages. On the one hand, this system is positive because it offers an adaptable system better suited to rapidly evolving post-conflict circumstances. On the other hand, it may create legal uncertainty as individuals may refer land claims to the system that best supports their claim (forum shopping), and individuals with similar if not identical claims may obtain diverging decisions depending on the jurisdiction.
A [mechanism] shall be [established / identified] to facilitate cooperation among institutions with land-related mandates. This [mechanism] shall: Serve as a forum for resolving jurisdictional disputes; Develop joint protocols for land administration and dispute resolution; Ensure that decisions are consistent with the principles of this Agreement.
Where customary or community-based land governance systems exist, their legitimacy shall be recognized, provided they operate in accordance with national law and human rights standards. The Parties shall promote dialogue between customary and statutory institutions to foster mutual understanding and coordinated action.
The Parties commit to initiating a comprehensive review and harmonization of land-related laws, policies, and institutional mandates to reduce contradictions and clarify roles. This process shall be inclusive, transparent, and informed by both legal and customary norms.
Process of Land Acquisition
Note to Drafters: In many post-conflict societies, processes of land acquisition may be particularly complex and long. People may wait years to get official recognition of ownership and may be induced to pay bribes or falsify documents to speed up the process. Corruption and lack of oversight with regards to land acquisition is particularly common in post-conflict societies and shall be duly addressed in peace agreements.
The Parties agree that all processes related to the acquisition of land, whether through purchase, allocation, inheritance, or restitution, shall be governed by principles of transparency, accountability, and fairness. No individual or group shall be granted preferential access to land outside of legally established procedures.
The Parties commit to establishing robust anti-corruption mechanisms within land administration entities. These shall include: Independent oversight of land transactions; Mandatory disclosure of land allocations and transfers; Penalties for officials or individuals found to engage in corrupt practices.
The Parties shall ensure that land acquisition processes do not discriminate on the basis of ethnicity, gender, religion, political affiliation, or social status. Special measures may be adopted to promote access for historically marginalized groups, including women, displaced persons, and indigenous communities.
All land acquisitions shall be documented through legally recognized instruments, and records shall be maintained in publicly accessible registries. The Parties shall promote legal literacy to ensure individuals understand their rights and obligations in the acquisition process.
Dispute Resolution Mechanisms
Land Commissions
Note to Drafters: A dedicated land commission can play a crucial role in resolving complex land disputes and coordinating restitution and resettlement efforts. Language establishing a land commission typically specifies its mandate, composition, and operational transparency, ensuring it can function independently and effectively. Including community representatives, legal experts, and impartial actors within the commission can help build public trust and facilitate fair, binding resolutions to land disputes.
The Parties agree to establish a Land Commission tasked with overseeing the resolution of land disputes arising from displacement, restitution, or resettlement. It shall operate independently and transparently, with a mandate to adjudicate claims, recommend restitutions, and mediate conflicting interests. Decisions of the Land Commission shall be legally binding, and all Parties shall cooperate fully with its findings and recommendations. Membership of the Land Commission shall comprise: [number of] representatives of affected communities; [number of] independent legal experts, and; [number of] government officials]. These representatives shall work alongside land rights advocates, experienced mediators, and officials, with an emphasis on reflecting the communities directly impacted by the Commission’s work. The Land Commission shall include an equitable gender balance in its membership, with at least [number]% representation of women, including female land rights advocates and legal experts. The selection for representatives of the Land Commission shall prioritize the inclusion of community-elected members, particularly from marginalized or displaced populations. The Land Commission shall be responsible for: [Oversight of Land Restitution: Implementing and overseeing land restitution processes to ensure the return of land to displaced persons and communities in accordance with established legal frameworks.] [Resolution of Land Disputes: Investigating and adjudicating land-related disputes, ensuring fair and impartial resolutions that respect the rights of all parties involved.] [Land Rights Documentation: Developing and maintaining accurate records of land ownership and usage rights, incorporating formal tenure systems and customary claims into designated land registries or documentation systems.] [Monitoring and Reporting: Monitoring the implementation of land tenure reforms and reporting on progress and challenges to the relevant authorities, including [designate authorities / organizations].] [Capacity Building: Assisting communities in accessing necessary resources for land management, including financial support, legal assistance, and agricultural inputs.] [Community Engagement: Facilitating community engagement and consultation processes to inform affected populations about their rights and available remedies regarding land tenure and ownership.] [Advisory Role: Providing recommendations to [designate governmental entities] regarding land policies, including formal tenure systems and customary claims recognition.] [Land Use Planning and Sustainable Practices: Collaborating with local authorities to create land use plans that support sustainable development and equitable access to land for all community members.] [Support for Resettlement and Resource Allocation: Guiding and overseeing resettlement initiatives to ensure they are conducted in a manner that respects the rights, needs, and cultural heritage of displaced populations.] To fulfill its mandate, the Land Commission shall have the authority to: [Investigate land claims and disputes, including the power to summon parties, request documentation, and conduct field investigations.] [Issue binding decisions or recommendations on land disputes, subject to appeal mechanisms where applicable.] [Access funding and resources necessary for implementing its mandate, including the establishment of land registries and community support programs.] [Collaborate with governmental and non-governmental organizations, local authorities, and community representatives to fulfill its responsibilities effectively.]]
Community Mediation
Note to Drafters: Community-based mediation may offer a culturally appropriate, accessible avenue for resolving minor land disputes at the local level. By involving community leaders and respected local figures, community mediation can resolve conflicts quickly, preventing minor disputes from escalating.
In support of localized dispute resolution, community mediation entities shall be empowered to handle minor disputes over land and resource use. These mediation entities will engage elders, local leaders, and community representatives to resolve conflicts through culturally respectful and consensus-driven approaches. The Parties commit to providing these mediation entities with resources and training to facilitate effective resolution processes.
Ensuring the Right to Return, Restitution and Compensation
Return of Displaced Persons
Note to Drafters: One of the most common consequences of conflict is internal displacement and forced migration. In peace agreements, parties often acknowledge their willingness to facilitate the return of refugees and internally displaced people to their properties and to ensure that their rights are protected.
All refugees and internally displaced persons shall have the right to voluntarily return to their homes and places of habitual residence in safety and dignity, without discrimination. They shall have the right to reclaim ownership of land and property lost or unlawfully occupied during the conflict. The Parties shall take all necessary measures to facilitate restitution in accordance with national and international law.
Returning individuals shall be protected from retaliation, discrimination, or eviction. [State] shall ensure that all returnees are treated equally under the law and have access to legal remedies.
Land Restitution
Note to Drafters: Restitution of land rights allows displaced individuals and communities to reclaim homes and livelihoods lost due to conflict, contributing to long-term stability and reconciliation. When drafting land restitution provisions, parties typically outline the right of return and reintegration, establish mechanisms for assessing and validating restitution claims, and provide for impartial administration.
All [refugees / internally displaced persons / displaced persons] must be able to recover their property, especially their land. The right of return and property reinstatement is upheld for individuals and communities displaced by conflict. All persons or groups displaced by conflict shall be restored to their original land and properties where possible, or otherwise receive fair compensation. Women, including widows and single female-headed households, shall have equal rights in land restitution claims and must not face legal or administrative obstacles in reclaiming property.
A National Restitution Commission shall be established to receive, investigate, and adjudicate claims related to housing, land, and property lost or occupied during the conflict. The Commission shall operate independently and transparently, with representation from all Parties to the agreement.
The restitution mechanism shall provide a clear and accessible procedure for submitting claims, determining eligibility, and enforcing decisions. All decisions shall be legally binding and subject to registration with relevant authorities. Claims for restitution shall be submitted within [time] of the signing of this Agreement. The Commission may extend this period for justified reasons, particularly for vulnerable groups.
Pending resolution of restitution claims, interim measures shall be taken to protect the rights of [refugees / internally displaced persons / displaced persons], including the prevention of further occupation, sale, or transfer of disputed properties.
Resettlement Support
Note to Drafters: Resettlement support is essential to help populations return to their original lands. Effective resettlement measures guarantee voluntary, dignified relocation, with access to housing, livelihood support, and social services in new areas. Drafting language for resettlement support can outline concrete measures to identify properties, coordination among governmental entities, humanitarian organizations, and local communities to facilitate resettlement.
[State] shall facilitate the voluntary return of [refugees / internally displaced persons / displaced persons] and provide support for reintegration, including access to housing, public services, and livelihood opportunities.
An inventory of destroyed properties shall be drawn up with a view to making it habitable in order to redistribute it or return it as a priority to the original owners.
Where land restitution is not feasible, the Parties agree to provide fair and dignified resettlement options, including access to land and resources necessary for establishing livelihoods. Resettlement programs shall prioritize gender-sensitive planning, ensuring that women have equal access to land, housing, and economic resources. Comprehensive support shall include housing assistance, access to public services, and economic reintegration programs tailored to the needs of affected populations. Women-led households shall receive dedicated support, and mechanisms shall be in place to protect against gender-based discrimination in land allocation. Government agencies, in partnership with humanitarian organizations, shall develop and oversee programs to facilitate voluntary and supported resettlement for communities unable to return to their pre-conflict lands.
Resettlement programs shall give priority to vulnerable groups, including women, children, persons with disabilities, and elderly individuals, ensuring their specific needs are addressed in planning and implementation.
An independent [Resettlement Monitoring Mechanism] shall be established to oversee the implementation of resettlement programs, ensure transparency, and receive complaints from affected individuals.
Compensation
Note to Drafters: Compensation is particularly important when land restitution is not feasible due to conflict, displacement or occupation. It serves as an alternative or complementary remedy to achieve reconciliation and justice. It may take different forms including financial payments and allocation of equivalent land.
Individuals who have lost property as a result of the conflict and are unable to reclaim it shall be entitled to fair and timely compensation, in accordance with national law and international standards.
If land restitution proves impossible, everyone with an entitlement must receive fair compensation and / or indemnification.
Where restitution of original property is not feasible due to occupation, destruction, or legal constraints, the affected individuals shall receive compensation in the form of equivalent land, financial payment, or other appropriate remedies.
Refugees who do not return may receive a just and equitable indemnification if their land had been expropriated without prior indemnification.
Compensation which is fair and equitable under the circumstances shall be payable in case of expropriation. Expropriation shall be allowed only in the public interest and in accordance with the law. The [applicable law] shall set out the basis of compensation;
Recovery and Restoration of Productive Land
Rehabilitation Programs
Note to Drafters: The recovery and restoration of productive lands such as farmland, pasture, forests and watershed, is a vital component of post-conflict stabilization. Such lands often suffer severe degradation during conflict due to exploitation, neglect or destruction, at times deliberate targeting. Often Parties agree on the implementation of rehabilitation programs aimed at clearing such lands of remnants of war which impede access and use of such lands.
The Parties commit to the rehabilitation and restoration of productive lands affected by the conflict, including agricultural fields, pastures, forests, and watersheds, to support sustainable livelihoods and food security.
[State] shall establish comprehensive rehabilitation programs aimed at restoring the productivity of lands degraded or abandoned due to conflict. These programs shall prioritize areas critical to food security, livelihoods, and environmental sustainability.
Rehabilitation efforts shall include soil restoration, erosion control, reforestation, and sustainable water management, implemented through an integrated approach that combines technical expertise, community participation, and environmental safeguards.
Restoration programs shall be designed and implemented in consultation with affected communities, ensuring the inclusion of traditional knowledge, equitable access to restored lands, and participation of women and marginalized groups.
A [National Land Recovery Fund] shall be established to finance the rehabilitation of degraded lands, with contributions from national and international partners. Technical assistance shall be provided to support implementation at the local level.
The Parties commit to the identification, clearance, and safe disposal of explosive remnants of war, including unexploded ordnance and abandoned explosive devices, in all affected areas.
A [National Remnants of War Clearance Authority] shall be established or strengthened to coordinate and oversee all explosive remnants of war clearance operations, in accordance with international humanitarian law and technical standards.
Mine Clearance
Note to Drafters: One of the most common threats to access and use of lands is certainly the presence of mines. Landmines and unexploded ordnance pose long-term threats to civilian safety, obstruct agricultural recovery, and hinder infrastructure reconstruction. Mine clearance is a critical component of post-conflict land rehabilitation and is often addressed in peace agreements as a prerequisite for safe return, resettlement, and productive land use.
The Parties commit to the clearance of landmines, unexploded ordnance, and other explosive remnants of war in all affected areas, as a prerequisite for safe return, resettlement, and productive land use.
A [National Mine Action Authority] shall be [established / identified] to coordinate, implement, and monitor mine clearance activities, in accordance with international standards and humanitarian principles.
Mine clearance operations shall prioritize areas designated for the return of [refugees / internally displaced persons / displaced persons], agricultural rehabilitation, and infrastructure reconstruction, with special attention to schools, health facilities, and water sources.
Affected communities shall be actively involved in mine action planning and implementation. Risk education programs shall be provided to raise awareness and prevent accidents, especially among children and vulnerable groups.
Land Reforms
Land Fund
Note to Drafters: Specific groups may not have the same opportunities to own land as other citizens, due to their marginalization for ethnic, religious, or gender grounds. To foster reconciliation, long-term peace and overall equality, the parties may approach land reforms with a principle of democratization, that is to ensure that everyone has the opportunity to have access to and use land regardless of their background. To this aim, the parties may create a land fund for the free distribution of land. The specific details of the land fund may be the subject of specific laws.
With a view to achieving the democratization of access to land, to the benefit of all citizens of [state], including small-scale farmer communities, rural women without land or with insufficient land, and the rural communities most affected by poverty and conflict,the [transition authority] commits to create a Land Fund for the free distribution of land. The Land Fund will have [number] hectares of land available during its [time] of existence. Such land will come from the following sources: [Land arising from the legal cessation of ownership]; [Unexploited land not protected from special laws on the conservation of nature and natural resources]; [Land acquired or expropriated for reasons of social interest or public utility]; [Donated Land]. The establishment and functioning of the Land Fund is governed by the [applicable law].
Discriminatory Laws and Policies
Note to Drafters: Discriminatory laws and policies often shape patterns of land ownership and access, often excluding marginalized groups based on race, ethnicity, gender, or social status. Land reforms shall account for that and ensure that parties commit to repeal discriminatory laws and policies.
The [land reform] shall account for the needs and rights of vulnerable groups, including female-headed households, persons with disabilities, and minority communities, ensuring equitable access to redress and support.
Reform of Land Administration Infrastructure
Note to Drafters: Reforming land administration infrastructure is essential to restore trust, resolve disputes, and support equitable access to land. This may require the modernization of land registries, digitization of records, and harmonization of statutory and customary systems to ensure transparency and legal certainty.
A series of measures shall be taken in order to avoid subsequent disputes over land, including the establishment of a register of [i.e urban or rural land], the promulgation of a law on succession and, in the longer term, the conduct of a cadastral survey of [i.e urban or rural land];
Further Readings
- Jon Unruh, Land Rights and Peacebuilding: Challenges and Responses for the International Community
- ELI and UNEP, Land and Post-Conflict Peacebuilding
- Saleem H. Ali, Nancy E. Boyer, Gabriela Mundaca, Lynette de Silva, Shaghayegh Jabalameli, Jahan Taganova, The Role of Land and Natural Resources in Negotiating Peace Agreements Open Access