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In the first decade of this century, developing countries faced an unprecedented massive land acquisition by international speculators and global agribusiness, mainly in Africa. Other related issues included corruption in natural resource management, conflicting claims to natural resources and a lack of recognition of traditional tenure systems. This attracted global attention for more responsible governance of tenure. It was in this context that more than a thousand experts from governments, academia, civil society organizations (CSOs) and the private sector from 133 countries participated in a series of consultations, workshops, drafting committees and intergovernmental negotiations led by FAO and the Committee on World Food Security (CFS). These meetings produced a document that is considered a landmark achievement – the Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests in the Context of National Food Security. Approved in May 2012, the guidelines marked a major step forward in developing global standards for tenure policies that protect smallholder farmers in developing countries. Now, FAO has begun taking steps to turn words on paper into tangible action.
The Central African Republic is harmonizing its multiple and often overlapping land tenure legal frameworks and using the Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests in the Context of National Food Security as a basis for decision-making. Other sub-Saharan countries are reforming their forest tenure and management policies and legislation and report that they now refer to the Guidelines in setting standards to ensure that communities do not lose forest access rights for their livelihoods. Representatives from the academic community will begin to integrate the Guidelines into their curricula to sensitize students to their value in developing tenure policies, laws and programmes.
All of this was presented at a workshop organized by FAO in Cameroon in December 2012, which brought together 70 experts from 14 French-speaking African countries. It was the first in a series of regional workshops organized by FAO to raise awareness of the Guidelines. Participants learned about the Guidelines, discussed how to implement them in their own countries, and established regional networks to continue discussing the ideas raised at the meeting. They also shared information on national initiatives.
Whenever possible, regional workshops are combined with national events to discuss the use and implementation of the Guidelines. FAO also works with governments and civil society to develop capacities and strengthen partnerships to facilitate the implementation process.
Guidelines reflect global consensus
The Guidelines, which were finalized after only three years of global consultations and negotiations, demonstrate that countries recognize the importance of ensuring people’s land tenure rights and equitable use of resources. In fact, the Guidelines were approved by the United Nations General Assembly in December 2012.
While these conventions are voluntary, their presence on the global stage represents a major step forward in protecting the rights of the world’s rural communities. They provide a considered, shared vision of principles and practices that can serve as an equal starting point for governments to enact laws and administer tenure rights to land, fisheries and forests.
The Guidelines are applicable to both developed and developing countries and help guide politics and legislation, set principles and provide a benchmark for activities. They can guide the development of strategies to address issues such as overlapping tenure rights and disputes over natural resources. They promote a rights-based approach, encouraging governments to recognize, respect, preserve and promote legitimate tenure rights, and they set out best practices for recognizing and protecting legitimate tenure rights, even those arising from informal systems. They also include best practices for registering and transferring these rights.
Secure land use rights encourage owners to invest in improvements
Over the years, it has been shown that people with secure tenure are more likely to invest in improving their land, fisheries or forests, conserve them or plan their use over the long term. The Guidelines provide guidance on a range of practical tenure issues, such as ensuring that tenure administration services are accessible, affordable and transparent, managing expropriation and returning land to people who were forcibly evicted in the past, recognizing the rights of indigenous communities, and addressing urban expansion into rural areas. The answers are all in the Guidelines.
The approval of the guidelines is widely seen as a major step forward for countries around the world to set fair standards for land tenure. FAO Regional Conferences and support programmes are now taking it to the next level – increasing countries’ capacity to use the guidelines as a reference for national policies, legislation and programmes, translating words into practical action. Participants in the Cameroon workshop are now taking their ideas back to their countries, as will representatives from dozens of countries participating in other regional workshops to be hosted by FAO. These workshops are the first step in promoting implementation of the guidelines in countries. As has been shown, when tenure rights are secure, when they provide the poor and vulnerable with fair rights to land, fisheries and forests, it is a critical step in the fight against hunger and poverty, and a starting point for achieving sustainable rural development. The approval of the guidelines is widely seen as a major step forward for countries around the world to set fair standards for land tenure.
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