Tenure rights and obligations

Tenure rights and obligations

Author: Food and Agriculture Organization of the United Nations

Publisher: Food & Agriculture Org.

Published: 2021-07-13

Total Pages: 54

ISBN-13: 9251345775

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This study explores the limits to rights – and the interplay of rights and obligations – in land and natural resource governance. Drawing on legal developments from diverse thematic and geographic contexts, it aims to provide conceptual foundations for legal interventions to support the implementation of the Voluntary Guidelines on the Responsible Governance of Tenure (VGGT). Three clarifications are in order. First, an obligation can have both moral and legal dimensions; this study is primarily concerned with legal obligations. Second, the study takes a holistic approach to natural resource governance but focuses on land and surface resources. Third, while the study engages with the text of the VGGT, it also examines selected developments in national law – including constitutional, property, and natural resource law – and international law, particularly on human rights, the environment, and foreign investment. The study does not aim to provide a comprehensive discussion of these issues. Instead, it aims to outline the issues and encourage readers’ further reflection and debate.


Land Tenure and Rural Development

Land Tenure and Rural Development

Author: Food and Agriculture Organization of the United Nations

Publisher: FAO

Published: 2002

Total Pages: 62

ISBN-13:

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This publication deals with key issues in land tenure, especially as they relate to food insecurity and rural development situations. Land tenure issues are frequently ignored in rural development interventions, with often long-lasting, negative results. This guide is designed to assist technical officers in governments and civil society in understanding why and how land tenure issues should be considered in rural development projects. It analyses important contexts such as environmental degradation, gender discrimination, and conflicts, where land tenure is currently of critical concern.


Governing tenure rights to commons

Governing tenure rights to commons

Author: Food and Agriculture Organization of the United Nations

Publisher: Food & Agriculture Org.

Published: 2018-06-04

Total Pages: 100

ISBN-13: 9251094837

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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.


Author:

Publisher: Food & Agriculture Org.

Published:

Total Pages: 236

ISBN-13: 9251392528

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Forests for People

Forests for People

Author: Anne M Larson

Publisher: Routledge

Published: 2012-09-10

Total Pages: 282

ISBN-13: 1136543767

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Who has rights to forests and forest resources? In recent years governments in the South have transferred at least 200 million hectares of forests to communities living in and around them . This book assesses the experience of what appears to be a new international trend that has substantially increased the share of the world's forests under community administration. Based on research in over 30 communities in selected countries in Asia (India, Nepal, Philippines, Laos, Indonesia), Africa (Burkina Faso, Cameroon, Ghana) and Latin America (Bolivia, Brazil, Guatemala, Nicaragua), it examines the process and outcomes of granting new rights, assessing a variety of governance issues in implementation, access to forest products and markets and outcomes for people and forests . Forest tenure reforms have been highly varied, ranging from the titling of indigenous territories to the granting of small land areas for forest regeneration or the right to a share in timber revenues. While in many cases these rights have been significant, new statutory rights do not automatically result in rights in practice, and a variety of institutional weaknesses and policy distortions have limited the impacts of change. Through the comparison of selected cases, the chapters explore the nature of forest reform, the extent and meaning of rights transferred or recognized, and the role of authority and citizens' networks in forest governance. They also assess opportunities and obstacles associated with government regulations and markets for forest products and the effects across the cases on livelihoods, forest condition and equity. Published with CIFOR


Land Reform 2006/1

Land Reform 2006/1

Author: Food & Agriculture Organization of the United Nations

Publisher: Food & Agriculture Org.

Published: 2006

Total Pages: 128

ISBN-13: 9789250054483

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Due diligence, tenure and agricultural investment - A guide on the dual responsibilities of private sector lawyers in advising on the acquisition of land and natural resources

Due diligence, tenure and agricultural investment - A guide on the dual responsibilities of private sector lawyers in advising on the acquisition of land and natural resources

Author: Food and Agriculture Organization of the United Nations

Publisher: Food & Agriculture Org.

Published: 2019-05-23

Total Pages: 80

ISBN-13: 9251314780

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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.