Governance of Tenure Technical Guide This guide aims to support states, community-based and civil society organizations, the private sector and other actors in implementing the standards and recommendations of the Voluntary Guidelines on the Responsible Governance of Tenure. The guide offers twelve strategies in three areas of action: the legal recognition and protection of tenure rights to commons, their effective implementation by states and rights holders alike, and the support of communities to enjoy their rights.
The guidelines are the first comprehensive, global instrument on tenure and its administration to be prepared through intergovernmental negotiations.The guidelines set out principles and internationally accepted standards of responsible practices for the use and control of land, fisheries and forests. They provide guidance for improving the policy, legal and organizational frameworks that regulate tenure rights; for enhancing the transparency and administration of tenure systems; and for strengthening the capacities and operations of public bodies, private sector enterprises, civil society organizations and people concerned with tenure and its governance.The guidelines place the governance of tenure within the context of national food security, and are intended to contribute to the progressive realization of the right to adequate food, poverty eradication, environmental protection and sustainable social and economic development.
This technical paper emphasizes the opportunity that REDD+ and the global climate agenda represents for countries to engage more actively in securing land and resource rights for indigenous peoples and local communities. At the same time, it stresses how collective tenure rights represent a key element to achieve long-lasting and successful results for REDD+, contributing to addressing global climate change.
This guide shares a number of initiatives and studies from recent years that have shone a light on pastoral governance and land tenure: on the inherent challenges pastoralists face, the shortcomings of governments in securing pastoral tenure, and emerging examples of success and progress from around the world. This guide proposes solutions to securing pastoral governance and tenure without undermining the inherent complexity of customary arrangements.
This technical guide is a product of the fruitful collaboration between FAO and UINL (MoU signed in 2016) which led to illustrate that the preventive administration of justice and notaries, as independent public legal officers, can play a key role in achieving the VGGT recommendations. By exercising their function responsibly and implementing best practices, practitioners in the preventive administration of justice can make a considerable contribution to improving the living conditions of citizens worldwide, to achieving sustainable livelihoods, housing security, rural development and environmental protection for the benefit of all citizens. The guide advocates for responsible governance of tenure through the use of the VGGT. It identifies challenges and showcases good practices. Preventive justice is analyzed to assess its contribution to the responsible governance of tenure. VGGT are used as an inspiration for the practice of preventive justice. All stakeholders are finally invited to cooperate and engage in advocacy.
This paper has been produced as a follow-up to the FAO guidelines "Advancing Agroforestry on the Policy Agenda - a guide for decision makers". The purpose of this document is to provide a review of the main tenure-related challenges that can affect agroforestry adoption to inform policies and project implementation. Drawing on practical cases, the document also presents measures and approaches which could potentially fuel the adoption of agroforestry, concluding with a number of specific recommendations for formulation and implementation of tenure policies promoting agroforestry.
Increasingly, attention is being paid to recording tenure rights that are not yet recorded, for example, in cases where customary rights have recently been given legal recognition, where new legally-recognized rights have been created based on informal rights, or where new fisheries rights, forest rights and water rights have been created or given legal recognition. In such cases, there is often a need to also create a new recording system with a specific focus, such as for recording forest use rights, fisheries shares or water use rights, or to have the recording done at an appropriate level of government or by a self-governing community.This guide is about extending the recording or registration of tenure rights to people who currently are not served by systems to record their rights. It provides practical advice on ways to introduce a new system to record tenure rights and for the recording of rights for the first time by the state, a process that is sometimes called first registration.
Decisions over tenure – who gets access to land, fisheries, and forests, for how long, and under what conditions – have important implications for people’s livelihoods. Spatial planning procedures can have a considerable impact on the legitimate tenure rights of the respective rights holders and, in the long term, can affect livelihoods. This technical guide on regulated spatial planning and tenure acknowledges this link and provides guidance on the importance of recognizing legitimate tenure rights in spatial planning processes. Strengthening civic spaces in spatial planning processes focuses on the practical challenges of implementing spatial planning objectives and considering peoples’ tenure over land, fisheries, and forests. Given the focus on vulnerable and marginalized communities in the Guidelines, a human-rights based approach to spatial planning is required which sees individuals and communities as rights holders, and the state as a duty bearer that has committed to uphold human rights. Access to information, meaningful participation, accountability, and access to justice are essential elements in a human rights-based approach to spatial planning and are pivotal for spatial planning processes that are in line with the principles of the Guidelines. Therefore, the strategies presented in this technical guide seek to strengthen these elements.
This guide examines the responsibilities of private sector lawyers in avoiding and addressing, preventing and mitigating adverse human rights impacts on tenure right holders when advising on agricultural investments. These responsibilities arise under international standards for the protection of legitimate tenure rights, including the UN FAO Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests in the context of national food security (VGGT), as considered within the framework of international human rights laws which underpin aspects of those standards. In the light of the United Nations Guiding Principles on Business and Human Rights (UNGP), the guide considers the dual responsibility of lawyers in this context: (1) through the impact of these standards on the professional duties of the lawyer (including in-house counsel) towards the investor client and (2) through the impact on the law firm’s responsibilities as a business in its own right, in the light of its corporate social responsibility (CSR) commitments. The guide examines the requirements for due diligence in this context and makes a number of recommendations to promote compliance with UNGP on behalf both of the investor client and of the law firm, considered as a business in its own right.
