Voluntary Guidelines on the Responsible Governance of Tenure

Voluntary Guidelines on the Responsible Governance of Tenure
Name	Voluntary Guidelines on the Responsible Governance of Tenure
Caption	Intergovernmental process adopting international guidance on land tenure
Adopted	2012
Origin	Food and Agriculture Organization of the United Nations
Purpose	Guidance on tenure rights for land, fisheries and forests
Jurisdiction	International

Voluntary Guidelines on the Responsible Governance of Tenure are intergovernmental guidance adopted to promote secure tenure rights for land, fisheries and forests and to enhance food security. They were negotiated and endorsed through multilateral processes led by the Food and Agriculture Organization of the United Nations and involve states, civil society, indigenous organizations and private sector actors. The Guidelines build on prior instruments and dialogues involving United Nations bodies, regional organizations and major international conferences.

Background and Development

The Guidelines originated in multilateral processes following the World Summit on Sustainable Development and discussions at the Committee on World Food Security and the Food and Agriculture Organization of the United Nations Council. Negotiations involved representatives from United Nations Conference on Trade and Development, International Fund for Agricultural Development, World Bank, United Nations Development Programme, and civil society networks including the International Land Coalition and indigenous groups such as the International Work Group for Indigenous Affairs. Drafting drew on precedents including the Voluntary Guidelines to Support the Progressive Realization of the Right to Adequate Food, the United Nations Declaration on the Rights of Indigenous Peoples, and regional instruments like the African Charter on Human and Peoples' Rights. The intergovernmental endorsement process culminated in formal approval by the Committee on World Food Security in 2012.

Objectives and Principles

The Guidelines set out objectives to improve tenure governance in order to contribute to food security, sustainable development and equitable access to natural resources. Core principles reference human rights frameworks including decisions of the Human Rights Council, standards from the International Labour Organization, and obligations under instruments such as the Convention on Biological Diversity where relevant. They emphasize participation by stakeholders including indigenous peoples represented by organizations like the Permanent Forum on Indigenous Issues and civil society actors such as La Via Campesina. Principles underscore transparency consistent with commitments of bodies like the Open Government Partnership and anti-corruption norms linked to the United Nations Convention against Corruption.

Scope and Definitions

The Guidelines define tenure to encompass rights to land, fisheries and forests held by diverse actors including smallholders, pastoralists, indigenous peoples, women, and investors. Definitions were informed by comparative frameworks from the World Bank Land Governance Assessment Framework and jurisprudence from regional courts such as the African Court on Human and Peoples' Rights. Scope includes public and private tenure systems, customary systems recognized by states such as those in Mozambique or Peru, and overlapping claims addressed in instruments like the Inter-American Court of Human Rights decisions. The document articulates categories of tenure rights and duties recognized across jurisdictions, citing normative influence from the Universal Declaration of Human Rights and subsequent UN treaty bodies.

Key Provisions and Guidelines

Key provisions address recognition and recording of rights, safeguarding legitimate tenure rights, restitution and dispute resolution, and safeguards for tenure security during large-scale land-based investments. Specific guidelines recommend participatory mapping processes akin to practices endorsed by the Global Land Tool Network and dispute mechanisms drawing on models from the International Centre for Settlement of Investment Disputes only where consistent with human rights obligations. The Guidelines call for gender-sensitive measures reflecting work by UN Women and protections for indigenous territories aligned with ILO Convention 169 and the United Nations Declaration on the Rights of Indigenous Peoples. They include provisions on transparency of transactions linked to standards advanced by the Extractive Industries Transparency Initiative and corporate conduct influenced by the United Nations Guiding Principles on Business and Human Rights.

Implementation and Monitoring

Implementation mechanisms rely on national action, technical assistance from organizations such as the Food and Agriculture Organization of the United Nations and International Fund for Agricultural Development, and support from development banks like the World Bank Group and regional development banks including the African Development Bank. Monitoring draws on reporting to the Committee on World Food Security, civil society monitoring by networks like the International Land Coalition, and academic assessments from institutions such as University of Oxford and Columbia University research centers. Capacity building initiatives echo programs run by agencies including the United Nations Development Programme and collaboration with mapping initiatives exemplified by Global Positioning System-enabled participatory mapping projects.

Reception and Impact

States, donor agencies and civil society organizations have cited the Guidelines in national policy reforms in countries including Ghana, Nepal, Ethiopia and Philippines. International financial institutions reference the Guidelines in policy frameworks and safeguards, and advocacy organizations use them to press for recognition of customary and indigenous rights. Scholarly assessments in journals and analyses by think tanks at institutions like the Brookings Institution and Chatham House have documented influence on tenure-related legislation, land administration practices and investment safeguards. The Guidelines have informed regional instruments and bilateral programs involving entities such as the European Union and African Union.

Criticisms and Challenges

Critics note that voluntary status limits enforceability, echoing concerns raised in discussions involving the United Nations Human Rights Council and NGOs like Human Rights Watch and Amnesty International. Implementation gaps persist where national laws or political interests, including investment incentives tied to agribusiness actors and actors from countries such as China or Brazil, collide with protections for smallholders and indigenous territories. Complexities in resolving overlapping claims raise issues seen in cases before the Inter-American Human Rights System and the African Commission on Human and Peoples' Rights. Monitoring capacity, funding constraints and variable uptake by development banks such as the Asian Development Bank remain ongoing challenges.

Category:International law Category:Land tenure Category:Food security