Right to equality before the law and equal protection of the law |
UDHR
Universal Declaration of human rights |
6
Everyone has the right to recognition everywhere as a person before the law
|
General matters
4. Rights and responsibilities related to tenure |
4.2
States should ensure that all actions regarding tenure and its governance are consistent with their existing obligations under national and international law, and with due regard to voluntary commitments under
applicable regional and international instruments.
|
Right to equality before the law and equal protection of the law |
UDHR
Universal Declaration of human rights |
6
Everyone has the right to recognition everywhere as a person before the law
|
General matters
4. Rights and responsibilities related to tenure |
4.6
States should remove and prohibit all forms of discrimination related to tenure rights, including those resulting from change of marital status, lack of legal capacity, and lack of access to economic resources. In particular, States should ensure equal tenure rights for women and men, including the right to inherit and bequeath these rights. Such State actions should be consistent with their existing obligations under relevant national law and legislation and international law, and with due regard to voluntary commitments under applicable regional and international instruments.
|
Right to equality before the law and equal protection of the law |
UDHR
Universal Declaration of human rights |
6
Everyone has the right to recognition everywhere as a person before the law
|
General matters
5. Policy, legal and organizational frameworks related to tenure |
5.2
States should ensure that policy, legal and organizational frameworks for tenure governance are consistent with their existing obligations under national and international law, and with due regard to voluntary commitments under applicable regional and international instruments.
|
Right to equality before the law and equal protection of the law |
UDHR
Universal Declaration of human rights |
6
Everyone has the right to recognition everywhere as a person before the law
|
General matters
6. Delivery of services |
6.2
States should ensure that the delivery of services related to tenure and its
administration are consistent with their existing obligations under national
and international law, and with due regard to voluntary commitments
under applicable regional and international instruments
|
Right to equality before the law and equal protection of the law |
UDHR
Universal Declaration of human rights |
6
Everyone has the right to recognition everywhere as a person before the law
|
Legal recognition and allocation of tenure rights and duties
7. Safeguards |
7.2
States should ensure that all actions regarding the legal recognition and allocation of tenure rights and duties are consistent with their existing obligations under national and international law, and with due regard to voluntary commitments under applicable regional and international instruments.
|
Right to equality before the law and equal protection of the law |
UDHR
Universal Declaration of human rights |
6
Everyone has the right to recognition everywhere as a person before the law
|
Legal recognition and allocation of tenure rights and duties
7. Safeguards |
7.4
States should ensure that women and men enjoy the same rights in the newly recognized tenure rights, and that those rights are reflected in records. Where possible, legal recognition and allocation of tenure rights of individuals, families and communities should be done systematically, progressing area by area in accordance with national priorities, in order to provide the poor and vulnerable with full opportunities to acquire legal recognition of their tenure rights. Legal support should be provided, particularly to the poor and vulnerable. Locally appropriate approaches should be used to increase transparency when records of tenure rights are initially created, including in the mapping of tenure rights.
|
Right to equality before the law and equal protection of the law |
UDHR
Universal Declaration of human rights |
6
Everyone has the right to recognition everywhere as a person before the law
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.1
Where States own or control land, fisheries and forests, they should determine the use and control of these resources in light of broader social, economic and environmental objectives. They should ensure that all
actions are consistent with their existing obligations under national and international law, and with due regard to voluntary commitments under applicable regional and international instruments
|
Right to equality before the law and equal protection of the law |
UDHR
Universal Declaration of human rights |
6
Everyone has the right to recognition everywhere as a person before the law
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.2
Where States own or control land, fisheries and forests, the legitimate
tenure rights of individuals and communities, including where applicable those with customary tenure systems, should be recognized, respected and protected, consistent with existing obligations under national and
international law, and with due regard to voluntary commitments under applicable regional and international instruments. To this end, categories of legitimate tenure rights should be clearly defined and publicized, through a transparent process, and in accordance with national law.
|
Right to equality before the law and equal protection of the law |
UDHR
Universal Declaration of human rights |
6
Everyone has the right to recognition everywhere as a person before the law
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.6
States should develop and publicize policies covering the use and control of land, fisheries and forests that are retained by the public sector and should strive to develop policies that promote equitable distribution of benefits from State-owned land, fisheries and forests. Policies should
take into account the tenure rights of others and anyone who could be affected should be included in the consultation process consistent with the principles of consultation and participation of these Guidelines. The administration of, and transactions concerning, these resources should be undertaken in an effective, transparent and accountable manner in fulfilment of public policies.
|
Right to equality before the law and equal protection of the law |
UDHR
Universal Declaration of human rights |
6
Everyone has the right to recognition everywhere as a person before the law
|
Legal recognition and allocation of tenure rights and duties
9. Indigenous peoples and other communities with customary tenure systems |
9.3
States should ensure that all actions are consistent with their existing obligations under national and international law, and with due regard to voluntary commitments under applicable regional and international instruments. In the case of indigenous peoples, States should meet their relevant obligations and voluntary commitments to protect, promote and implement human rights, including as appropriate from the International Labour Organization Convention (No 169) concerning Indigenous and Tribal Peoples in Independent Countries, the Convention on Biological Diversity and the United Nations Declaration on the Rights of Indigenous Peoples.
|
Right to equality before the law and equal protection of the law |
UDHR
Universal Declaration of human rights |
6
Everyone has the right to recognition everywhere as a person before the law
|
Legal recognition and allocation of tenure rights and duties
10. Informal tenure |
10.2
States should ensure that all actions regarding informal tenure are consistent with their existing obligations under national and international law, and with due regard to voluntary commitments under applicable regional and international instruments, including as appropriate to the
right to adequate housing
|
Right to equality before the law and equal protection of the law |
UDHR
Universal Declaration of human rights |
6
Everyone has the right to recognition everywhere as a person before the law
|
Transfers and other changes to tenure rights and duties
11. Markets |
11.1
Where appropriate, States should recognize and facilitate fair and transparent sale and lease markets as a means of transfer of rights of use and ownership of land, fisheries and forests. Where markets in tenure
rights operate, States should ensure that all actions are consistent with their existing obligations under national and international law, and with due regard to voluntary commitments under applicable regional and
international instruments. Transactions of tenure rights to land, fisheries and forests should comply with national regulation of land use and not jeopardize core development goals
|
Right to equality before the law and equal protection of the law |
UDHR
Universal Declaration of human rights |
6
Everyone has the right to recognition everywhere as a person before the law
|
Transfers and other changes to tenure rights and duties
12. Investments |
12.1
State and non-state actors should acknowledge that responsible public and private investments are essential to improve food security. Responsible governance of tenure of land, fisheries and forests encourages tenure right holders to make responsible investments in these resources, increasing sustainable agricultural production and generating higher incomes. States should promote and support responsible investments in land, fisheries
and forests that support broader social, economic and environmental objectives under a variety of farming systems. States should ensure that all actions are consistent with their existing obligations under national
and international law, and with due regard to voluntary commitments under applicable regional and international instruments
|
Right to equality before the law and equal protection of the law |
UDHR
Universal Declaration of human rights |
6
Everyone has the right to recognition everywhere as a person before the law
|
Transfers and other changes to tenure rights and duties
12. Investments |
12.5
States should, with appropriate consultation and participation, provide transparent rules on the scale, scope and nature of allowable transactions in tenure rights and should define what constitutes large-scale transactions
in tenure rights in their national context.
|
Right to equality before the law and equal protection of the law |
UDHR
Universal Declaration of human rights |
6
Everyone has the right to recognition everywhere as a person before the law
|
Transfers and other changes to tenure rights and duties
12. Investments |
12.7
In the case of indigenous peoples and their communities, States should ensure that all actions are consistent with their existing obligations under national and international law, and with due regard to voluntary commitments under applicable regional and international instruments,
including as appropriate from the International Labour Organization Convention (No 169) concerning Indigenous and Tribal Peoples in Independent Countries and the United Nations Declaration on the Rights of Indigenous Peoples. States and other parties should hold good faith consultation with indigenous peoples before initiating any investment
project affecting the resources for which the communities hold rights. Such projects should be based on an effective and meaningful consultation with members of indigenous peoples as described in paragraph 9.9. The principles of consultation and participation of these Guidelines should be applied for investments that use the resources of
other communities.
|
Right to equality before the law and equal protection of the law |
UDHR
Universal Declaration of human rights |
6
Everyone has the right to recognition everywhere as a person before the law
|
Transfers and other changes to tenure rights and duties
13. Land consolidation and other readjustment approaches |
13.1
Where appropriate, States may consider land consolidation, exchanges or other voluntary approaches for the readjustment of parcels or holdings
to assist owners and users to improve the layout and use of their parcels or holdings, including for the promotion of food security and rural development in a sustainable manner. States should ensure that all actions are consistent with their obligations under national and international law, and with due regard to voluntary commitments under applicable regional
and international instruments, and ensure that participants are at least as well off after the schemes compared with before. These approaches
should be used to coordinate the preferences of multiple owners and users in a single legitimate readjustment.
|
Right to equality before the law and equal protection of the law |
UDHR
Universal Declaration of human rights |
6
Everyone has the right to recognition everywhere as a person before the law
|
Transfers and other changes to tenure rights and duties
14. Restitution |
14.1
Where appropriate, considering their national context, States should consider providing restitution for the loss of legitimate tenure rights
to land, fisheries and forests. States should ensure that all actions are consistent with their existing obligations under national and international
law, and with due regard to voluntary commitments under applicable regional and international instruments.
|
Right to equality before the law and equal protection of the law |
UDHR
Universal Declaration of human rights |
6
Everyone has the right to recognition everywhere as a person before the law
|
Transfers and other changes to tenure rights and duties
15. Redistributive reforms |
15.4
Where States choose to implement redistributive reforms, they should ensure that the reforms are consistent with their obligations under
national and international law, and voluntary commitments under applicable regional and international instruments. Reforms should follow
the rule of law and be implemented according to national laws and procedures. States should facilitate the development of consultations,
consistent with the principles of these Guidelines, on the redistribution, including balancing the needs of all parties, and on the approaches to
be used. Partnerships between the State; communities; civil society; the private sector; organizations of farmers and small-scale food producers, of fishers, and of forest users; and other parties should be developed.
The financial and other contributions expected of beneficiaries should be reasonable and not leave them with unmanageable debt loads. Those who
give up their tenure rights to land, fisheries and forests should receive equivalent payments without undue delay.
|
Right to equality before the law and equal protection of the law |
UDHR
Universal Declaration of human rights |
6
Everyone has the right to recognition everywhere as a person before the law
|
Transfers and other changes to tenure rights and duties
15. Redistributive reforms |
15.5
Where States choose to implement redistributive reforms, they should clearly define the objectives of reform programmes and indicate land
exempted from such redistribution. The intended beneficiaries, such as families including those seeking homegardens, women, informal
settlement residents, pastoralists, historically disadvantaged groups, marginalized groups, youth, indigenous peoples, gatherers and small-scale food producers, should be clearly defined.
|
Right to equality before the law and equal protection of the law |
UDHR
Universal Declaration of human rights |
6
Everyone has the right to recognition everywhere as a person before the law
|
Transfers and other changes to tenure rights and duties
15. Redistributive reforms |
15.9
States should implement redistributive reforms through transparent, participatory and accountable approaches and procedures. All affected
parties should be accorded with due process and just compensation according to national law and the provisions of Section 16. All affected
parties, including disadvantaged groups, should receive full and clear information on the reforms, including through gender-targeted messages.
Beneficiaries should be selected through open processes, and they should receive secure tenure rights that are publicly recorded. Access to means of resolving disputes should be provided for under national law. States should endeavour to prevent corruption in redistributive reform programmes, particularly through greater transparency and participation.
|
Right to equality before the law and equal protection of the law |
UDHR
Universal Declaration of human rights |
6
Everyone has the right to recognition everywhere as a person before the law
|
Transfers and other changes to tenure rights and duties
16. Expropriation and compensation |
16.1
Subject to their national law and legislation and in accordance with national context, States should expropriate only where rights to land, fisheries or
forests are required for a public purpose. States should clearly define the concept of public purpose in law, in order to allow for judicial review. States should ensure that all actions are consistent with their national law as well as their existing obligations under national and international law, and with due regard to voluntary commitments under applicable
regional and international instruments. They should respect all legitimate tenure right holders, especially vulnerable and marginalized groups, by
acquiring the minimum resources necessary and promptly providing just compensation in accordance with national law
|
Right to equality before the law and equal protection of the law |
UDHR
Universal Declaration of human rights |
6
Everyone has the right to recognition everywhere as a person before the law
|
Transfers and other changes to tenure rights and duties
16. Expropriation and compensation |
16.1
Subject to their national law and legislation and in accordance with national context, States should expropriate only where rights to land, fisheries or
forests are required for a public purpose. States should clearly define the concept of public purpose in law, in order to allow for judicial review. States should ensure that all actions are consistent with their national law as well as their existing obligations under national and international law, and with due regard to voluntary commitments under applicable
regional and international instruments. They should respect all legitimate tenure right holders, especially vulnerable and marginalized groups, by
acquiring the minimum resources necessary and promptly providing just compensation in accordance with national law
|
Right to equality before the law and equal protection of the law |
UDHR
Universal Declaration of human rights |
6
Everyone has the right to recognition everywhere as a person before the law
|
Administration of tenure
18. Valuation |
18.4
States and other parties should develop and publicize national standards for valuation for governmental, commercial and other purposes. National standards should be consistent with relevant international standards. Training of staff should include methodologies and international standards.
|
Right to equality before the law and equal protection of the law |
UDHR
Universal Declaration of human rights |
6
Everyone has the right to recognition everywhere as a person before the law
|
Responses to climate change and emergencies
24. Natural disasters |
24.2
States should ensure that all actions are consistent with their existing obligations under national and international law, and with due regard to voluntary commitments under applicable regional and international instruments. All parties should act, taking into consideration relevant international principles, including as appropriate the United Nations principles on Housing and Property Restitution for Refugees and Displaced Persons (“Pinheiro Principles”), and the Humanitarian Charter and Minimum Standards in Disaster Response.
|
Right to equality before the law and equal protection of the law |
UDHR
Universal Declaration of human rights |
6
Everyone has the right to recognition everywhere as a person before the law
|
Responses to climate change and emergencies
25. Conflicts in respect to tenure of land, fisheries and forests |
25.2
States should ensure that all actions are consistent with their existing obligations under national and international law, and with due regard to voluntary commitments under applicable regional and international instruments, including as appropriate those of the Convention relating to
the Status of Refugees and its Protocol, and the United Nations Principles on Housing and Property Restitution for Refugees and Displaced Persons (“Pinheiro Principles”). During and after conflicts States should respect
applicable international humanitarian law related to legitimate tenure rights.
|
Right to equality before the law and equal protection of the law |
UDHR
Universal Declaration of human rights |
7
All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.
|
General matters
4. Rights and responsibilities related to tenure |
4.2
States should ensure that all actions regarding tenure and its governance are consistent with their existing obligations under national and international law, and with due regard to voluntary commitments under
applicable regional and international instruments.
|
Right to equality before the law and equal protection of the law |
UDHR
Universal Declaration of human rights |
7
All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.
|
General matters
4. Rights and responsibilities related to tenure |
4.6
States should remove and prohibit all forms of discrimination related to tenure rights, including those resulting from change of marital status, lack of legal capacity, and lack of access to economic resources. In particular, States should ensure equal tenure rights for women and men, including the right to inherit and bequeath these rights. Such State actions should be consistent with their existing obligations under relevant national law and legislation and international law, and with due regard to voluntary commitments under applicable regional and international instruments.
|
Right to equality before the law and equal protection of the law |
UDHR
Universal Declaration of human rights |
7
All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.
|
General matters
5. Policy, legal and organizational frameworks related to tenure |
5.2
States should ensure that policy, legal and organizational frameworks for tenure governance are consistent with their existing obligations under national and international law, and with due regard to voluntary commitments under applicable regional and international instruments.
|
Right to equality before the law and equal protection of the law |
UDHR
Universal Declaration of human rights |
7
All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.
|
General matters
6. Delivery of services |
6.2
States should ensure that the delivery of services related to tenure and its
administration are consistent with their existing obligations under national
and international law, and with due regard to voluntary commitments
under applicable regional and international instruments
|
Right to equality before the law and equal protection of the law |
UDHR
Universal Declaration of human rights |
7
All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.
|
Legal recognition and allocation of tenure rights and duties
7. Safeguards |
7.2
States should ensure that all actions regarding the legal recognition and allocation of tenure rights and duties are consistent with their existing obligations under national and international law, and with due regard to voluntary commitments under applicable regional and international instruments.
|
Right to equality before the law and equal protection of the law |
UDHR
Universal Declaration of human rights |
7
All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.
|
Legal recognition and allocation of tenure rights and duties
7. Safeguards |
7.4
States should ensure that women and men enjoy the same rights in the newly recognized tenure rights, and that those rights are reflected in records. Where possible, legal recognition and allocation of tenure rights of individuals, families and communities should be done systematically, progressing area by area in accordance with national priorities, in order to provide the poor and vulnerable with full opportunities to acquire legal recognition of their tenure rights. Legal support should be provided, particularly to the poor and vulnerable. Locally appropriate approaches should be used to increase transparency when records of tenure rights are initially created, including in the mapping of tenure rights.
|
Right to equality before the law and equal protection of the law |
UDHR
Universal Declaration of human rights |
7
All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.1
Where States own or control land, fisheries and forests, they should determine the use and control of these resources in light of broader social, economic and environmental objectives. They should ensure that all
actions are consistent with their existing obligations under national and international law, and with due regard to voluntary commitments under applicable regional and international instruments
|
Right to equality before the law and equal protection of the law |
UDHR
Universal Declaration of human rights |
7
All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.2
Where States own or control land, fisheries and forests, the legitimate
tenure rights of individuals and communities, including where applicable those with customary tenure systems, should be recognized, respected and protected, consistent with existing obligations under national and
international law, and with due regard to voluntary commitments under applicable regional and international instruments. To this end, categories of legitimate tenure rights should be clearly defined and publicized, through a transparent process, and in accordance with national law.
|
Right to equality before the law and equal protection of the law |
UDHR
Universal Declaration of human rights |
7
All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.6
States should develop and publicize policies covering the use and control of land, fisheries and forests that are retained by the public sector and should strive to develop policies that promote equitable distribution of benefits from State-owned land, fisheries and forests. Policies should
take into account the tenure rights of others and anyone who could be affected should be included in the consultation process consistent with the principles of consultation and participation of these Guidelines. The administration of, and transactions concerning, these resources should be undertaken in an effective, transparent and accountable manner in fulfilment of public policies.
|
Right to equality before the law and equal protection of the law |
UDHR
Universal Declaration of human rights |
7
All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.8
States have the power to allocate tenure rights in various forms, from
limited use to full ownership. Policies should recognize the range of tenure rights and right holders. Policies should specify the means of allocation of rights, such as allocation based on historical use or other means. Where necessary, those who are allocated tenure rights should be provided with
support so they can enjoy their rights. States should determine whether they retain any form of control over land, fisheries and forests that have been allocated.
|
Right to equality before the law and equal protection of the law |
UDHR
Universal Declaration of human rights |
7
All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.
|
Legal recognition and allocation of tenure rights and duties
9. Indigenous peoples and other communities with customary tenure systems |
9.3
States should ensure that all actions are consistent with their existing obligations under national and international law, and with due regard to voluntary commitments under applicable regional and international instruments. In the case of indigenous peoples, States should meet their relevant obligations and voluntary commitments to protect, promote and implement human rights, including as appropriate from the International Labour Organization Convention (No 169) concerning Indigenous and Tribal Peoples in Independent Countries, the Convention on Biological Diversity and the United Nations Declaration on the Rights of Indigenous Peoples.
|
Right to equality before the law and equal protection of the law |
UDHR
Universal Declaration of human rights |
7
All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.
|
Legal recognition and allocation of tenure rights and duties
10. Informal tenure |
10.2
States should ensure that all actions regarding informal tenure are consistent with their existing obligations under national and international law, and with due regard to voluntary commitments under applicable regional and international instruments, including as appropriate to the
right to adequate housing
|
Right to equality before the law and equal protection of the law |
UDHR
Universal Declaration of human rights |
7
All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.
|
Transfers and other changes to tenure rights and duties
11. Markets |
11.1
Where appropriate, States should recognize and facilitate fair and transparent sale and lease markets as a means of transfer of rights of use and ownership of land, fisheries and forests. Where markets in tenure
rights operate, States should ensure that all actions are consistent with their existing obligations under national and international law, and with due regard to voluntary commitments under applicable regional and
international instruments. Transactions of tenure rights to land, fisheries and forests should comply with national regulation of land use and not jeopardize core development goals
|
Right to equality before the law and equal protection of the law |
UDHR
Universal Declaration of human rights |
7
All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.
|
Transfers and other changes to tenure rights and duties
12. Investments |
12.1
State and non-state actors should acknowledge that responsible public and private investments are essential to improve food security. Responsible governance of tenure of land, fisheries and forests encourages tenure right holders to make responsible investments in these resources, increasing sustainable agricultural production and generating higher incomes. States should promote and support responsible investments in land, fisheries
and forests that support broader social, economic and environmental objectives under a variety of farming systems. States should ensure that all actions are consistent with their existing obligations under national
and international law, and with due regard to voluntary commitments under applicable regional and international instruments
|
Right to equality before the law and equal protection of the law |
UDHR
Universal Declaration of human rights |
7
All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.
|
Transfers and other changes to tenure rights and duties
12. Investments |
12.5
States should, with appropriate consultation and participation, provide transparent rules on the scale, scope and nature of allowable transactions in tenure rights and should define what constitutes large-scale transactions
in tenure rights in their national context.
|
Right to equality before the law and equal protection of the law |
UDHR
Universal Declaration of human rights |
7
All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.
|
Transfers and other changes to tenure rights and duties
12. Investments |
12.7
In the case of indigenous peoples and their communities, States should ensure that all actions are consistent with their existing obligations under national and international law, and with due regard to voluntary commitments under applicable regional and international instruments,
including as appropriate from the International Labour Organization Convention (No 169) concerning Indigenous and Tribal Peoples in Independent Countries and the United Nations Declaration on the Rights of Indigenous Peoples. States and other parties should hold good faith consultation with indigenous peoples before initiating any investment
project affecting the resources for which the communities hold rights. Such projects should be based on an effective and meaningful consultation with members of indigenous peoples as described in paragraph 9.9. The principles of consultation and participation of these Guidelines should be applied for investments that use the resources of
other communities.
|
Right to equality before the law and equal protection of the law |
UDHR
Universal Declaration of human rights |
7
All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.
|
Transfers and other changes to tenure rights and duties
13. Land consolidation and other readjustment approaches |
13.1
Where appropriate, States may consider land consolidation, exchanges or other voluntary approaches for the readjustment of parcels or holdings
to assist owners and users to improve the layout and use of their parcels or holdings, including for the promotion of food security and rural development in a sustainable manner. States should ensure that all actions are consistent with their obligations under national and international law, and with due regard to voluntary commitments under applicable regional
and international instruments, and ensure that participants are at least as well off after the schemes compared with before. These approaches
should be used to coordinate the preferences of multiple owners and users in a single legitimate readjustment.
|
Right to equality before the law and equal protection of the law |
UDHR
Universal Declaration of human rights |
7
All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.
|
Transfers and other changes to tenure rights and duties
14. Restitution |
14.1
Where appropriate, considering their national context, States should consider providing restitution for the loss of legitimate tenure rights
to land, fisheries and forests. States should ensure that all actions are consistent with their existing obligations under national and international
law, and with due regard to voluntary commitments under applicable regional and international instruments.
|
Right to equality before the law and equal protection of the law |
UDHR
Universal Declaration of human rights |
7
All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.
|
Transfers and other changes to tenure rights and duties
15. Redistributive reforms |
15.4
Where States choose to implement redistributive reforms, they should ensure that the reforms are consistent with their obligations under
national and international law, and voluntary commitments under applicable regional and international instruments. Reforms should follow
the rule of law and be implemented according to national laws and procedures. States should facilitate the development of consultations,
consistent with the principles of these Guidelines, on the redistribution, including balancing the needs of all parties, and on the approaches to
be used. Partnerships between the State; communities; civil society; the private sector; organizations of farmers and small-scale food producers, of fishers, and of forest users; and other parties should be developed.
The financial and other contributions expected of beneficiaries should be reasonable and not leave them with unmanageable debt loads. Those who
give up their tenure rights to land, fisheries and forests should receive equivalent payments without undue delay.
|
Right to equality before the law and equal protection of the law |
UDHR
Universal Declaration of human rights |
7
All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.
|
Transfers and other changes to tenure rights and duties
15. Redistributive reforms |
15.5
Where States choose to implement redistributive reforms, they should clearly define the objectives of reform programmes and indicate land
exempted from such redistribution. The intended beneficiaries, such as families including those seeking homegardens, women, informal
settlement residents, pastoralists, historically disadvantaged groups, marginalized groups, youth, indigenous peoples, gatherers and small-scale food producers, should be clearly defined.
|
Right to equality before the law and equal protection of the law |
UDHR
Universal Declaration of human rights |
7
All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.
|
Transfers and other changes to tenure rights and duties
15. Redistributive reforms |
15.9
States should implement redistributive reforms through transparent, participatory and accountable approaches and procedures. All affected
parties should be accorded with due process and just compensation according to national law and the provisions of Section 16. All affected
parties, including disadvantaged groups, should receive full and clear information on the reforms, including through gender-targeted messages.
Beneficiaries should be selected through open processes, and they should receive secure tenure rights that are publicly recorded. Access to means of resolving disputes should be provided for under national law. States should endeavour to prevent corruption in redistributive reform programmes, particularly through greater transparency and participation.
|
Right to equality before the law and equal protection of the law |
UDHR
Universal Declaration of human rights |
7
All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.
|
Transfers and other changes to tenure rights and duties
16. Expropriation and compensation |
16.1
Subject to their national law and legislation and in accordance with national context, States should expropriate only where rights to land, fisheries or
forests are required for a public purpose. States should clearly define the concept of public purpose in law, in order to allow for judicial review. States should ensure that all actions are consistent with their national law as well as their existing obligations under national and international law, and with due regard to voluntary commitments under applicable
regional and international instruments. They should respect all legitimate tenure right holders, especially vulnerable and marginalized groups, by
acquiring the minimum resources necessary and promptly providing just compensation in accordance with national law
|
Right to equality before the law and equal protection of the law |
UDHR
Universal Declaration of human rights |
7
All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.
|
Transfers and other changes to tenure rights and duties
16. Expropriation and compensation |
16.1
Subject to their national law and legislation and in accordance with national context, States should expropriate only where rights to land, fisheries or
forests are required for a public purpose. States should clearly define the concept of public purpose in law, in order to allow for judicial review. States should ensure that all actions are consistent with their national law as well as their existing obligations under national and international law, and with due regard to voluntary commitments under applicable
regional and international instruments. They should respect all legitimate tenure right holders, especially vulnerable and marginalized groups, by
acquiring the minimum resources necessary and promptly providing just compensation in accordance with national law
|
Right to equality before the law and equal protection of the law |
UDHR
Universal Declaration of human rights |
7
All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.
|
Administration of tenure
18. Valuation |
18.4
States and other parties should develop and publicize national standards for valuation for governmental, commercial and other purposes. National standards should be consistent with relevant international standards. Training of staff should include methodologies and international standards.
|
Right to equality before the law and equal protection of the law |
UDHR
Universal Declaration of human rights |
7
All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.
|
Responses to climate change and emergencies
24. Natural disasters |
24.2
States should ensure that all actions are consistent with their existing obligations under national and international law, and with due regard to voluntary commitments under applicable regional and international instruments. All parties should act, taking into consideration relevant international principles, including as appropriate the United Nations principles on Housing and Property Restitution for Refugees and Displaced Persons (“Pinheiro Principles”), and the Humanitarian Charter and Minimum Standards in Disaster Response.
|
Right to equality before the law and equal protection of the law |
UDHR
Universal Declaration of human rights |
7
All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.
|
Responses to climate change and emergencies
25. Conflicts in respect to tenure of land, fisheries and forests |
25.2
States should ensure that all actions are consistent with their existing obligations under national and international law, and with due regard to voluntary commitments under applicable regional and international instruments, including as appropriate those of the Convention relating to
the Status of Refugees and its Protocol, and the United Nations Principles on Housing and Property Restitution for Refugees and Displaced Persons (“Pinheiro Principles”). During and after conflicts States should respect
applicable international humanitarian law related to legitimate tenure rights.
|
Right to equality before the law and equal protection of the law |
ICERD
International Convention on the Elimination of All Forms of Racial Discrimination |
2.1.a
1. States Parties condemn racial discrimination and undertake to pursue by all appropriate means and without delay a policy of eliminating racial discrimination in all its forms and promoting understanding among all races, and, to this end: (a) Each State Party undertakes to engage in no act or practice of racial discrimination against persons, groups of persons or institutions and to ensure that all public authorities and public institutions, national and local, shall act in conformity with this obligation;
|
General matters
4. Rights and responsibilities related to tenure |
4.2
States should ensure that all actions regarding tenure and its governance are consistent with their existing obligations under national and international law, and with due regard to voluntary commitments under
applicable regional and international instruments.
|
Right to equality before the law and equal protection of the law |
ICERD
International Convention on the Elimination of All Forms of Racial Discrimination |
2.1.a
1. States Parties condemn racial discrimination and undertake to pursue by all appropriate means and without delay a policy of eliminating racial discrimination in all its forms and promoting understanding among all races, and, to this end: (a) Each State Party undertakes to engage in no act or practice of racial discrimination against persons, groups of persons or institutions and to ensure that all public authorities and public institutions, national and local, shall act in conformity with this obligation;
|
General matters
4. Rights and responsibilities related to tenure |
4.6
States should remove and prohibit all forms of discrimination related to tenure rights, including those resulting from change of marital status, lack of legal capacity, and lack of access to economic resources. In particular, States should ensure equal tenure rights for women and men, including the right to inherit and bequeath these rights. Such State actions should be consistent with their existing obligations under relevant national law and legislation and international law, and with due regard to voluntary commitments under applicable regional and international instruments.
|
Right to equality before the law and equal protection of the law |
ICERD
International Convention on the Elimination of All Forms of Racial Discrimination |
2.1.a
1. States Parties condemn racial discrimination and undertake to pursue by all appropriate means and without delay a policy of eliminating racial discrimination in all its forms and promoting understanding among all races, and, to this end: (a) Each State Party undertakes to engage in no act or practice of racial discrimination against persons, groups of persons or institutions and to ensure that all public authorities and public institutions, national and local, shall act in conformity with this obligation;
|
General matters
5. Policy, legal and organizational frameworks related to tenure |
5.2
States should ensure that policy, legal and organizational frameworks for tenure governance are consistent with their existing obligations under national and international law, and with due regard to voluntary commitments under applicable regional and international instruments.
|
Right to equality before the law and equal protection of the law |
ICERD
International Convention on the Elimination of All Forms of Racial Discrimination |
2.1.a
1. States Parties condemn racial discrimination and undertake to pursue by all appropriate means and without delay a policy of eliminating racial discrimination in all its forms and promoting understanding among all races, and, to this end: (a) Each State Party undertakes to engage in no act or practice of racial discrimination against persons, groups of persons or institutions and to ensure that all public authorities and public institutions, national and local, shall act in conformity with this obligation;
|
General matters
6. Delivery of services |
6.2
States should ensure that the delivery of services related to tenure and its
administration are consistent with their existing obligations under national
and international law, and with due regard to voluntary commitments
under applicable regional and international instruments
|
Right to equality before the law and equal protection of the law |
ICERD
International Convention on the Elimination of All Forms of Racial Discrimination |
2.1.a
1. States Parties condemn racial discrimination and undertake to pursue by all appropriate means and without delay a policy of eliminating racial discrimination in all its forms and promoting understanding among all races, and, to this end: (a) Each State Party undertakes to engage in no act or practice of racial discrimination against persons, groups of persons or institutions and to ensure that all public authorities and public institutions, national and local, shall act in conformity with this obligation;
|
Legal recognition and allocation of tenure rights and duties
7. Safeguards |
7.2
States should ensure that all actions regarding the legal recognition and allocation of tenure rights and duties are consistent with their existing obligations under national and international law, and with due regard to voluntary commitments under applicable regional and international instruments.
|
Right to equality before the law and equal protection of the law |
ICERD
International Convention on the Elimination of All Forms of Racial Discrimination |
2.1.a
1. States Parties condemn racial discrimination and undertake to pursue by all appropriate means and without delay a policy of eliminating racial discrimination in all its forms and promoting understanding among all races, and, to this end: (a) Each State Party undertakes to engage in no act or practice of racial discrimination against persons, groups of persons or institutions and to ensure that all public authorities and public institutions, national and local, shall act in conformity with this obligation;
|
Legal recognition and allocation of tenure rights and duties
7. Safeguards |
7.4
States should ensure that women and men enjoy the same rights in the newly recognized tenure rights, and that those rights are reflected in records. Where possible, legal recognition and allocation of tenure rights of individuals, families and communities should be done systematically, progressing area by area in accordance with national priorities, in order to provide the poor and vulnerable with full opportunities to acquire legal recognition of their tenure rights. Legal support should be provided, particularly to the poor and vulnerable. Locally appropriate approaches should be used to increase transparency when records of tenure rights are initially created, including in the mapping of tenure rights.
|
Right to equality before the law and equal protection of the law |
ICERD
International Convention on the Elimination of All Forms of Racial Discrimination |
2.1.a
1. States Parties condemn racial discrimination and undertake to pursue by all appropriate means and without delay a policy of eliminating racial discrimination in all its forms and promoting understanding among all races, and, to this end: (a) Each State Party undertakes to engage in no act or practice of racial discrimination against persons, groups of persons or institutions and to ensure that all public authorities and public institutions, national and local, shall act in conformity with this obligation;
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.1
Where States own or control land, fisheries and forests, they should determine the use and control of these resources in light of broader social, economic and environmental objectives. They should ensure that all
actions are consistent with their existing obligations under national and international law, and with due regard to voluntary commitments under applicable regional and international instruments
|
Right to equality before the law and equal protection of the law |
ICERD
International Convention on the Elimination of All Forms of Racial Discrimination |
2.1.a
1. States Parties condemn racial discrimination and undertake to pursue by all appropriate means and without delay a policy of eliminating racial discrimination in all its forms and promoting understanding among all races, and, to this end: (a) Each State Party undertakes to engage in no act or practice of racial discrimination against persons, groups of persons or institutions and to ensure that all public authorities and public institutions, national and local, shall act in conformity with this obligation;
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.2
Where States own or control land, fisheries and forests, the legitimate
tenure rights of individuals and communities, including where applicable those with customary tenure systems, should be recognized, respected and protected, consistent with existing obligations under national and
international law, and with due regard to voluntary commitments under applicable regional and international instruments. To this end, categories of legitimate tenure rights should be clearly defined and publicized, through a transparent process, and in accordance with national law.
|
Right to equality before the law and equal protection of the law |
ICERD
International Convention on the Elimination of All Forms of Racial Discrimination |
2.1.a
1. States Parties condemn racial discrimination and undertake to pursue by all appropriate means and without delay a policy of eliminating racial discrimination in all its forms and promoting understanding among all races, and, to this end: (a) Each State Party undertakes to engage in no act or practice of racial discrimination against persons, groups of persons or institutions and to ensure that all public authorities and public institutions, national and local, shall act in conformity with this obligation;
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.6
States should develop and publicize policies covering the use and control of land, fisheries and forests that are retained by the public sector and should strive to develop policies that promote equitable distribution of benefits from State-owned land, fisheries and forests. Policies should
take into account the tenure rights of others and anyone who could be affected should be included in the consultation process consistent with the principles of consultation and participation of these Guidelines. The administration of, and transactions concerning, these resources should be undertaken in an effective, transparent and accountable manner in fulfilment of public policies.
|
Right to equality before the law and equal protection of the law |
ICERD
International Convention on the Elimination of All Forms of Racial Discrimination |
2.1.a
1. States Parties condemn racial discrimination and undertake to pursue by all appropriate means and without delay a policy of eliminating racial discrimination in all its forms and promoting understanding among all races, and, to this end: (a) Each State Party undertakes to engage in no act or practice of racial discrimination against persons, groups of persons or institutions and to ensure that all public authorities and public institutions, national and local, shall act in conformity with this obligation;
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.8
States have the power to allocate tenure rights in various forms, from
limited use to full ownership. Policies should recognize the range of tenure rights and right holders. Policies should specify the means of allocation of rights, such as allocation based on historical use or other means. Where necessary, those who are allocated tenure rights should be provided with
support so they can enjoy their rights. States should determine whether they retain any form of control over land, fisheries and forests that have been allocated.
|
Right to equality before the law and equal protection of the law |
ICERD
International Convention on the Elimination of All Forms of Racial Discrimination |
2.1.a
1. States Parties condemn racial discrimination and undertake to pursue by all appropriate means and without delay a policy of eliminating racial discrimination in all its forms and promoting understanding among all races, and, to this end: (a) Each State Party undertakes to engage in no act or practice of racial discrimination against persons, groups of persons or institutions and to ensure that all public authorities and public institutions, national and local, shall act in conformity with this obligation;
|
Legal recognition and allocation of tenure rights and duties
9. Indigenous peoples and other communities with customary tenure systems |
9.3
States should ensure that all actions are consistent with their existing obligations under national and international law, and with due regard to voluntary commitments under applicable regional and international instruments. In the case of indigenous peoples, States should meet their relevant obligations and voluntary commitments to protect, promote and implement human rights, including as appropriate from the International Labour Organization Convention (No 169) concerning Indigenous and Tribal Peoples in Independent Countries, the Convention on Biological Diversity and the United Nations Declaration on the Rights of Indigenous Peoples.
|
Right to equality before the law and equal protection of the law |
ICERD
International Convention on the Elimination of All Forms of Racial Discrimination |
2.1.a
1. States Parties condemn racial discrimination and undertake to pursue by all appropriate means and without delay a policy of eliminating racial discrimination in all its forms and promoting understanding among all races, and, to this end: (a) Each State Party undertakes to engage in no act or practice of racial discrimination against persons, groups of persons or institutions and to ensure that all public authorities and public institutions, national and local, shall act in conformity with this obligation;
|
Legal recognition and allocation of tenure rights and duties
10. Informal tenure |
10.2
States should ensure that all actions regarding informal tenure are consistent with their existing obligations under national and international law, and with due regard to voluntary commitments under applicable regional and international instruments, including as appropriate to the
right to adequate housing
|
Right to equality before the law and equal protection of the law |
ICERD
International Convention on the Elimination of All Forms of Racial Discrimination |
2.1.a
1. States Parties condemn racial discrimination and undertake to pursue by all appropriate means and without delay a policy of eliminating racial discrimination in all its forms and promoting understanding among all races, and, to this end: (a) Each State Party undertakes to engage in no act or practice of racial discrimination against persons, groups of persons or institutions and to ensure that all public authorities and public institutions, national and local, shall act in conformity with this obligation;
|
Transfers and other changes to tenure rights and duties
11. Markets |
11.1
Where appropriate, States should recognize and facilitate fair and transparent sale and lease markets as a means of transfer of rights of use and ownership of land, fisheries and forests. Where markets in tenure
rights operate, States should ensure that all actions are consistent with their existing obligations under national and international law, and with due regard to voluntary commitments under applicable regional and
international instruments. Transactions of tenure rights to land, fisheries and forests should comply with national regulation of land use and not jeopardize core development goals
|
Right to equality before the law and equal protection of the law |
ICERD
International Convention on the Elimination of All Forms of Racial Discrimination |
2.1.a
1. States Parties condemn racial discrimination and undertake to pursue by all appropriate means and without delay a policy of eliminating racial discrimination in all its forms and promoting understanding among all races, and, to this end: (a) Each State Party undertakes to engage in no act or practice of racial discrimination against persons, groups of persons or institutions and to ensure that all public authorities and public institutions, national and local, shall act in conformity with this obligation;
|
Transfers and other changes to tenure rights and duties
12. Investments |
12.1
State and non-state actors should acknowledge that responsible public and private investments are essential to improve food security. Responsible governance of tenure of land, fisheries and forests encourages tenure right holders to make responsible investments in these resources, increasing sustainable agricultural production and generating higher incomes. States should promote and support responsible investments in land, fisheries
and forests that support broader social, economic and environmental objectives under a variety of farming systems. States should ensure that all actions are consistent with their existing obligations under national
and international law, and with due regard to voluntary commitments under applicable regional and international instruments
|
Right to equality before the law and equal protection of the law |
ICERD
International Convention on the Elimination of All Forms of Racial Discrimination |
2.1.a
1. States Parties condemn racial discrimination and undertake to pursue by all appropriate means and without delay a policy of eliminating racial discrimination in all its forms and promoting understanding among all races, and, to this end: (a) Each State Party undertakes to engage in no act or practice of racial discrimination against persons, groups of persons or institutions and to ensure that all public authorities and public institutions, national and local, shall act in conformity with this obligation;
|
Transfers and other changes to tenure rights and duties
12. Investments |
12.5
States should, with appropriate consultation and participation, provide transparent rules on the scale, scope and nature of allowable transactions in tenure rights and should define what constitutes large-scale transactions
in tenure rights in their national context.
|
Right to equality before the law and equal protection of the law |
ICERD
International Convention on the Elimination of All Forms of Racial Discrimination |
2.1.a
1. States Parties condemn racial discrimination and undertake to pursue by all appropriate means and without delay a policy of eliminating racial discrimination in all its forms and promoting understanding among all races, and, to this end: (a) Each State Party undertakes to engage in no act or practice of racial discrimination against persons, groups of persons or institutions and to ensure that all public authorities and public institutions, national and local, shall act in conformity with this obligation;
|
Transfers and other changes to tenure rights and duties
12. Investments |
12.7
In the case of indigenous peoples and their communities, States should ensure that all actions are consistent with their existing obligations under national and international law, and with due regard to voluntary commitments under applicable regional and international instruments,
including as appropriate from the International Labour Organization Convention (No 169) concerning Indigenous and Tribal Peoples in Independent Countries and the United Nations Declaration on the Rights of Indigenous Peoples. States and other parties should hold good faith consultation with indigenous peoples before initiating any investment
project affecting the resources for which the communities hold rights. Such projects should be based on an effective and meaningful consultation with members of indigenous peoples as described in paragraph 9.9. The principles of consultation and participation of these Guidelines should be applied for investments that use the resources of
other communities.
|
Right to equality before the law and equal protection of the law |
ICERD
International Convention on the Elimination of All Forms of Racial Discrimination |
2.1.a
1. States Parties condemn racial discrimination and undertake to pursue by all appropriate means and without delay a policy of eliminating racial discrimination in all its forms and promoting understanding among all races, and, to this end: (a) Each State Party undertakes to engage in no act or practice of racial discrimination against persons, groups of persons or institutions and to ensure that all public authorities and public institutions, national and local, shall act in conformity with this obligation;
|
Transfers and other changes to tenure rights and duties
13. Land consolidation and other readjustment approaches |
13.1
Where appropriate, States may consider land consolidation, exchanges or other voluntary approaches for the readjustment of parcels or holdings
to assist owners and users to improve the layout and use of their parcels or holdings, including for the promotion of food security and rural development in a sustainable manner. States should ensure that all actions are consistent with their obligations under national and international law, and with due regard to voluntary commitments under applicable regional
and international instruments, and ensure that participants are at least as well off after the schemes compared with before. These approaches
should be used to coordinate the preferences of multiple owners and users in a single legitimate readjustment.
|
Right to equality before the law and equal protection of the law |
ICERD
International Convention on the Elimination of All Forms of Racial Discrimination |
2.1.a
1. States Parties condemn racial discrimination and undertake to pursue by all appropriate means and without delay a policy of eliminating racial discrimination in all its forms and promoting understanding among all races, and, to this end: (a) Each State Party undertakes to engage in no act or practice of racial discrimination against persons, groups of persons or institutions and to ensure that all public authorities and public institutions, national and local, shall act in conformity with this obligation;
|
Transfers and other changes to tenure rights and duties
14. Restitution |
14.1
Where appropriate, considering their national context, States should consider providing restitution for the loss of legitimate tenure rights
to land, fisheries and forests. States should ensure that all actions are consistent with their existing obligations under national and international
law, and with due regard to voluntary commitments under applicable regional and international instruments.
|
Right to equality before the law and equal protection of the law |
ICERD
International Convention on the Elimination of All Forms of Racial Discrimination |
2.1.a
1. States Parties condemn racial discrimination and undertake to pursue by all appropriate means and without delay a policy of eliminating racial discrimination in all its forms and promoting understanding among all races, and, to this end: (a) Each State Party undertakes to engage in no act or practice of racial discrimination against persons, groups of persons or institutions and to ensure that all public authorities and public institutions, national and local, shall act in conformity with this obligation;
|
Transfers and other changes to tenure rights and duties
15. Redistributive reforms |
15.4
Where States choose to implement redistributive reforms, they should ensure that the reforms are consistent with their obligations under
national and international law, and voluntary commitments under applicable regional and international instruments. Reforms should follow
the rule of law and be implemented according to national laws and procedures. States should facilitate the development of consultations,
consistent with the principles of these Guidelines, on the redistribution, including balancing the needs of all parties, and on the approaches to
be used. Partnerships between the State; communities; civil society; the private sector; organizations of farmers and small-scale food producers, of fishers, and of forest users; and other parties should be developed.
The financial and other contributions expected of beneficiaries should be reasonable and not leave them with unmanageable debt loads. Those who
give up their tenure rights to land, fisheries and forests should receive equivalent payments without undue delay.
|
Right to equality before the law and equal protection of the law |
ICERD
International Convention on the Elimination of All Forms of Racial Discrimination |
2.1.a
1. States Parties condemn racial discrimination and undertake to pursue by all appropriate means and without delay a policy of eliminating racial discrimination in all its forms and promoting understanding among all races, and, to this end: (a) Each State Party undertakes to engage in no act or practice of racial discrimination against persons, groups of persons or institutions and to ensure that all public authorities and public institutions, national and local, shall act in conformity with this obligation;
|
Transfers and other changes to tenure rights and duties
15. Redistributive reforms |
15.5
Where States choose to implement redistributive reforms, they should clearly define the objectives of reform programmes and indicate land
exempted from such redistribution. The intended beneficiaries, such as families including those seeking homegardens, women, informal
settlement residents, pastoralists, historically disadvantaged groups, marginalized groups, youth, indigenous peoples, gatherers and small-scale food producers, should be clearly defined.
|
Right to equality before the law and equal protection of the law |
ICERD
International Convention on the Elimination of All Forms of Racial Discrimination |
2.1.a
1. States Parties condemn racial discrimination and undertake to pursue by all appropriate means and without delay a policy of eliminating racial discrimination in all its forms and promoting understanding among all races, and, to this end: (a) Each State Party undertakes to engage in no act or practice of racial discrimination against persons, groups of persons or institutions and to ensure that all public authorities and public institutions, national and local, shall act in conformity with this obligation;
|
Transfers and other changes to tenure rights and duties
15. Redistributive reforms |
15.9
States should implement redistributive reforms through transparent, participatory and accountable approaches and procedures. All affected
parties should be accorded with due process and just compensation according to national law and the provisions of Section 16. All affected
parties, including disadvantaged groups, should receive full and clear information on the reforms, including through gender-targeted messages.
Beneficiaries should be selected through open processes, and they should receive secure tenure rights that are publicly recorded. Access to means of resolving disputes should be provided for under national law. States should endeavour to prevent corruption in redistributive reform programmes, particularly through greater transparency and participation.
|
Right to equality before the law and equal protection of the law |
ICERD
International Convention on the Elimination of All Forms of Racial Discrimination |
2.1.a
1. States Parties condemn racial discrimination and undertake to pursue by all appropriate means and without delay a policy of eliminating racial discrimination in all its forms and promoting understanding among all races, and, to this end: (a) Each State Party undertakes to engage in no act or practice of racial discrimination against persons, groups of persons or institutions and to ensure that all public authorities and public institutions, national and local, shall act in conformity with this obligation;
|
Transfers and other changes to tenure rights and duties
16. Expropriation and compensation |
16.1
Subject to their national law and legislation and in accordance with national context, States should expropriate only where rights to land, fisheries or
forests are required for a public purpose. States should clearly define the concept of public purpose in law, in order to allow for judicial review. States should ensure that all actions are consistent with their national law as well as their existing obligations under national and international law, and with due regard to voluntary commitments under applicable
regional and international instruments. They should respect all legitimate tenure right holders, especially vulnerable and marginalized groups, by
acquiring the minimum resources necessary and promptly providing just compensation in accordance with national law
|
Right to equality before the law and equal protection of the law |
ICERD
International Convention on the Elimination of All Forms of Racial Discrimination |
2.1.a
1. States Parties condemn racial discrimination and undertake to pursue by all appropriate means and without delay a policy of eliminating racial discrimination in all its forms and promoting understanding among all races, and, to this end: (a) Each State Party undertakes to engage in no act or practice of racial discrimination against persons, groups of persons or institutions and to ensure that all public authorities and public institutions, national and local, shall act in conformity with this obligation;
|
Transfers and other changes to tenure rights and duties
16. Expropriation and compensation |
16.1
Subject to their national law and legislation and in accordance with national context, States should expropriate only where rights to land, fisheries or
forests are required for a public purpose. States should clearly define the concept of public purpose in law, in order to allow for judicial review. States should ensure that all actions are consistent with their national law as well as their existing obligations under national and international law, and with due regard to voluntary commitments under applicable
regional and international instruments. They should respect all legitimate tenure right holders, especially vulnerable and marginalized groups, by
acquiring the minimum resources necessary and promptly providing just compensation in accordance with national law
|
Right to equality before the law and equal protection of the law |
ICERD
International Convention on the Elimination of All Forms of Racial Discrimination |
2.1.a
1. States Parties condemn racial discrimination and undertake to pursue by all appropriate means and without delay a policy of eliminating racial discrimination in all its forms and promoting understanding among all races, and, to this end: (a) Each State Party undertakes to engage in no act or practice of racial discrimination against persons, groups of persons or institutions and to ensure that all public authorities and public institutions, national and local, shall act in conformity with this obligation;
|
Administration of tenure
18. Valuation |
18.4
States and other parties should develop and publicize national standards for valuation for governmental, commercial and other purposes. National standards should be consistent with relevant international standards. Training of staff should include methodologies and international standards.
|
Right to equality before the law and equal protection of the law |
ICERD
International Convention on the Elimination of All Forms of Racial Discrimination |
2.1.a
1. States Parties condemn racial discrimination and undertake to pursue by all appropriate means and without delay a policy of eliminating racial discrimination in all its forms and promoting understanding among all races, and, to this end: (a) Each State Party undertakes to engage in no act or practice of racial discrimination against persons, groups of persons or institutions and to ensure that all public authorities and public institutions, national and local, shall act in conformity with this obligation;
|
Responses to climate change and emergencies
24. Natural disasters |
24.2
States should ensure that all actions are consistent with their existing obligations under national and international law, and with due regard to voluntary commitments under applicable regional and international instruments. All parties should act, taking into consideration relevant international principles, including as appropriate the United Nations principles on Housing and Property Restitution for Refugees and Displaced Persons (“Pinheiro Principles”), and the Humanitarian Charter and Minimum Standards in Disaster Response.
|
Right to equality before the law and equal protection of the law |
ICERD
International Convention on the Elimination of All Forms of Racial Discrimination |
2.1.a
1. States Parties condemn racial discrimination and undertake to pursue by all appropriate means and without delay a policy of eliminating racial discrimination in all its forms and promoting understanding among all races, and, to this end: (a) Each State Party undertakes to engage in no act or practice of racial discrimination against persons, groups of persons or institutions and to ensure that all public authorities and public institutions, national and local, shall act in conformity with this obligation;
|
Responses to climate change and emergencies
25. Conflicts in respect to tenure of land, fisheries and forests |
25.2
States should ensure that all actions are consistent with their existing obligations under national and international law, and with due regard to voluntary commitments under applicable regional and international instruments, including as appropriate those of the Convention relating to
the Status of Refugees and its Protocol, and the United Nations Principles on Housing and Property Restitution for Refugees and Displaced Persons (“Pinheiro Principles”). During and after conflicts States should respect
applicable international humanitarian law related to legitimate tenure rights.
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