Right to adequate food |
UDHR
Universal Declaration of human rights |
25.1
Everyone has the right to a standard of living adequate for the health and well-being of himself and his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
|
General matters
3. Guiding principles of responsible tenure governance |
3.1.1
States should: 1. Recognize and respect all legitimate tenure right holders and their rights. They should take reasonable measures to identify, record and respect legitimate tenure right holders and their rights,
whether formally recorded or not; to refrain from infringement of tenure rights of others; and to meet the duties associated with tenure rights.
|
Right to adequate food |
UDHR
Universal Declaration of human rights |
25.1
Everyone has the right to a standard of living adequate for the health and well-being of himself and his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
|
General matters
3. Guiding principles of responsible tenure governance |
3.1.2
States should: 2. Safeguard legitimate tenure rights against threats and infringements. They should protect tenure right holders against the arbitrary loss of their tenure rights, including forced evictions that are inconsistent with their existing obligations under national and international law.
|
Right to adequate food |
UDHR
Universal Declaration of human rights |
25.1
Everyone has the right to a standard of living adequate for the health and well-being of himself and his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
|
General matters
3. Guiding principles of responsible tenure governance |
3.1.5
States should: Prevent tenure disputes, violent conflicts and corruption. They should take active measures to prevent tenure disputes from arising and from escalating into violent conflicts. They should endeavour to prevent corruption in all forms, at all levels, and in all settings.
|
Right to adequate food |
UDHR
Universal Declaration of human rights |
25.1
Everyone has the right to a standard of living adequate for the health and well-being of himself and his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
|
General matters
3. Guiding principles of responsible tenure governance |
3.2
Non-state actors including business enterprises have a responsibility to respect human rights and legitimate tenure rights. Business enterprises should act with due diligence to avoid infringing on the human rights and
legitimate tenure rights of others. They should include appropriate risk management systems to prevent and address adverse impacts on human rights and legitimate tenure rights. Business enterprises should provide for
and cooperate in non-judicial mechanisms to provide remedy, including effective operational-level grievance mechanisms, where appropriate, where they have caused or contributed to adverse impacts on human rights and legitimate tenure rights. Business enterprises should identify and assess any actual or potential impacts on human rights and legitimate tenure rights in which they may be involved. States, in accordance with their international obligations, should provide access to effective judicial remedies for negative impacts on human rights and legitimate tenure rights by business enterprises. Where transnational corporations are involved, their home States have roles to play in assisting both those corporations and host States to ensure that businesses are not involved in abuse of human rights and legitimate tenure rights. States should take additional steps to protect against abuses of human rights and legitimate tenure rights by business enterprises that are owned or controlled by the State, or that receive substantial support and service from State agencies.
|
Right to adequate food |
UDHR
Universal Declaration of human rights |
25.1
Everyone has the right to a standard of living adequate for the health and well-being of himself and his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
|
General matters
4. Rights and responsibilities related to tenure |
4.1
States should strive to ensure responsible governance of tenure because land, fisheries and forests are central for the realization of human rights, food security, poverty eradication, sustainable livelihoods, social stability, housing security, rural development, and social and economic growth.
|
Right to adequate food |
UDHR
Universal Declaration of human rights |
25.1
Everyone has the right to a standard of living adequate for the health and well-being of himself and his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
|
General matters
4. Rights and responsibilities related to tenure |
4.3
All parties should recognize that no tenure right, including private ownership, is absolute. All tenure rights are limited by the rights of others and by the measures taken by States necessary for public purposes. Such measures should be determined by law, solely for the purpose of promoting general welfare including environmental protection and consistent with States’ human rights obligations. Tenure rights are also balanced by duties. All should respect the long-term protection and sustainable use of
land, fisheries and forests.
|
Right to adequate food |
UDHR
Universal Declaration of human rights |
25.1
Everyone has the right to a standard of living adequate for the health and well-being of himself and his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
|
General matters
4. Rights and responsibilities related to tenure |
4.4
Based on an examination of tenure rights in line with national law, States should provide legal recognition for legitimate tenure rights not currently protected by law. Policies and laws that ensure tenure rights should be non-discriminatory and gender sensitive. Consistent with the principles of consultation and participation of these Guidelines, States should define through widely publicized rules the categories of rights that are considered legitimate. All forms of tenure should provide all persons with a degree of tenure security which guarantees legal protection against forced evictions that are inconsistent with States’ existing obligations under national and international law, and against harassment and other threats.
|
Right to adequate food |
UDHR
Universal Declaration of human rights |
25.1
Everyone has the right to a standard of living adequate for the health and well-being of himself and his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
|
General matters
4. Rights and responsibilities related to tenure |
4.4
Based on an examination of tenure rights in line with national law, States should provide legal recognition for legitimate tenure rights not currently protected by law. Policies and laws that ensure tenure rights should be non-discriminatory and gender sensitive. Consistent with the principles of consultation and participation of these Guidelines, States should define through widely publicized rules the categories of rights that are considered legitimate. All forms of tenure should provide all persons with a degree of tenure security which guarantees legal protection against forced evictions that are inconsistent with States’ existing obligations under national and international law, and against harassment and other threats.
|
Right to adequate food |
UDHR
Universal Declaration of human rights |
25.1
Everyone has the right to a standard of living adequate for the health and well-being of himself and his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
|
General matters
4. Rights and responsibilities related to tenure |
4.5
States should protect legitimate tenure rights, and ensure that people are not arbitrarily evicted and that their legitimate tenure rights are not otherwise extinguished or infringed
|
Right to adequate food |
UDHR
Universal Declaration of human rights |
25.1
Everyone has the right to a standard of living adequate for the health and well-being of himself and his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
|
General matters
5. Policy, legal and organizational frameworks related to tenure |
5.1
States should provide and maintain policy, legal and organizational frameworks that promote responsible governance of tenure of land, fisheries and forests. These frameworks are dependent on, and are
supported by broader reforms to the legal system, public service and judicial authorities
|
Right to adequate food |
UDHR
Universal Declaration of human rights |
25.1
Everyone has the right to a standard of living adequate for the health and well-being of himself and his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
|
General matters
5. Policy, legal and organizational frameworks related to tenure |
5.3
States should ensure that policy, legal and organizational frameworks for tenure governance recognize and respect, in accordance with
national laws, legitimate tenure rights including legitimate customary tenure rights that are not currently protected by law; and facilitate, promote and protect the exercise of tenure rights. Frameworks should reflect the social, cultural, economic and environmental significance of land, fisheries and forests. States should provide frameworks that are non-discriminatory and promote social equity and gender equality.
Frameworks should reflect the interconnected relationships between land, fisheries and forests and their uses, and establish an integrated approach to their administration
|
Right to adequate food |
UDHR
Universal Declaration of human rights |
25.1
Everyone has the right to a standard of living adequate for the health and well-being of himself and his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
|
Legal recognition and allocation of tenure rights and duties
7. Safeguards |
7.1
When States recognize or allocate tenure rights to land, fisheries and forests, they should establish, in accordance with national laws, safeguards to avoid infringing on or extinguishing tenure rights of others, including legitimate tenure rights that are not currently protected by law. In particular, safeguards should protect women and the vulnerable who hold subsidiary tenure rights, such as gathering rights.
|
Right to adequate food |
UDHR
Universal Declaration of human rights |
25.1
Everyone has the right to a standard of living adequate for the health and well-being of himself and his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
|
Legal recognition and allocation of tenure rights and duties
7. Safeguards |
7.1
When States recognize or allocate tenure rights to land, fisheries and forests, they should establish, in accordance with national laws, safeguards to avoid infringing on or extinguishing tenure rights of others, including legitimate tenure rights that are not currently protected by law. In particular, safeguards should protect women and the vulnerable who hold subsidiary tenure rights, such as gathering rights.
|
Right to adequate food |
UDHR
Universal Declaration of human rights |
25.1
Everyone has the right to a standard of living adequate for the health and well-being of himself and his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
|
Legal recognition and allocation of tenure rights and duties
7. Safeguards |
7.3
Where States intend to recognize or allocate tenure rights, they should first identify all existing tenure rights and right holders, whether recorded or not. Indigenous peoples and other communities with customary tenure systems, smallholders and anyone else who could be affected should be included in the consultation process, consistent with paragraphs 3B.6 and 9.9. States should provide access to justice, consistent with paragraph 4.9 if people believe their tenure rights are not recognized.
|
Right to adequate food |
UDHR
Universal Declaration of human rights |
25.1
Everyone has the right to a standard of living adequate for the health and well-being of himself and his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
|
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 adequate food |
UDHR
Universal Declaration of human rights |
25.1
Everyone has the right to a standard of living adequate for the health and well-being of himself and his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
|
Legal recognition and allocation of tenure rights and duties
7. Safeguards |
7.6
Where it is not possible to provide legal recognition of tenure rights, States should prevent forced evictions that are inconsistent with their existing obligations under national and international law, and in accordance with the principles of these Guidelines.
|
Right to adequate food |
UDHR
Universal Declaration of human rights |
25.1
Everyone has the right to a standard of living adequate for the health and well-being of himself and his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
|
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 adequate food |
UDHR
Universal Declaration of human rights |
25.1
Everyone has the right to a standard of living adequate for the health and well-being of himself and his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.3
Noting that there are publicly-owned land, fisheries and forests that are collectively used and managed (in some national contexts referred to as commons), States should, where applicable, recognize and protect such publicly-owned land, fisheries and forests and their related systems of collective use and management, including in processes of allocation by the State.
|
Right to adequate food |
UDHR
Universal Declaration of human rights |
25.1
Everyone has the right to a standard of living adequate for the health and well-being of himself and his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.5
States should determine which of the land, fisheries and forests they own or control will be retained and used by the public sector, and which of these will be allocated for use by others and under what conditions.
|
Right to adequate food |
UDHR
Universal Declaration of human rights |
25.1
Everyone has the right to a standard of living adequate for the health and well-being of himself and his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
|
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 adequate food |
UDHR
Universal Declaration of human rights |
25.1
Everyone has the right to a standard of living adequate for the health and well-being of himself and his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.7
States should develop and publicize policies covering the allocation of tenure rights to others and, where appropriate, the delegation of responsibilities for tenure governance. Policies for allocation of tenure rights should be consistent with broader social, economic and environmental objectives. Local communities that have traditionally used the land, fisheries and forests should receive due consideration in the reallocation of tenure rights. Policies should take into account the tenure rights of others and anyone who could be affected should be included in the consultation, participation and decision-making processes. Such policies should ensure that the allocation of tenure rights does not threaten the livelihoods of people by depriving them of their legitimate access to these resources.
|
Right to adequate food |
UDHR
Universal Declaration of human rights |
25.1
Everyone has the right to a standard of living adequate for the health and well-being of himself and his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.7
States should develop and publicize policies covering the allocation of tenure rights to others and, where appropriate, the delegation of responsibilities for tenure governance. Policies for allocation of tenure rights should be consistent with broader social, economic and environmental objectives. Local communities that have traditionally used the land, fisheries and forests should receive due consideration in the reallocation of tenure rights. Policies should take into account the tenure rights of others and anyone who could be affected should be included in the consultation, participation and decision-making processes. Such policies should ensure that the allocation of tenure rights does not threaten the livelihoods of people by depriving them of their legitimate access to these resources.
|
Right to adequate food |
UDHR
Universal Declaration of human rights |
25.1
Everyone has the right to a standard of living adequate for the health and well-being of himself and his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
|
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 adequate food |
UDHR
Universal Declaration of human rights |
25.1
Everyone has the right to a standard of living adequate for the health and well-being of himself and his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
|
Legal recognition and allocation of tenure rights and duties
9. Indigenous peoples and other communities with customary tenure systems |
9.4
States should provide appropriate recognition and protection of the legitimate tenure rights of indigenous peoples and other communities with customary tenure systems, consistent with existing obligations under national and international law, and with due regard to voluntary commitments under applicable regional and international instruments. Such recognition should take into account the land, fisheries and forests that are used exclusively by a community and those that are shared, and respect the general principles of responsible governance. Information on any such recognition should be publicized in an accessible location, in an appropriate form which is understandable and in applicable languages.
|
Right to adequate food |
UDHR
Universal Declaration of human rights |
25.1
Everyone has the right to a standard of living adequate for the health and well-being of himself and his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
|
Legal recognition and allocation of tenure rights and duties
9. Indigenous peoples and other communities with customary tenure systems |
9.5
Where indigenous peoples and other communities with customary tenure systems have legitimate tenure rights to the ancestral lands on which they live, States should recognize and protect these rights. Indigenous peoples and other communities with customary tenure systems should not be forcibly evicted from such ancestral lands.
|
Right to adequate food |
UDHR
Universal Declaration of human rights |
25.1
Everyone has the right to a standard of living adequate for the health and well-being of himself and his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
|
Legal recognition and allocation of tenure rights and duties
9. Indigenous peoples and other communities with customary tenure systems |
9.5
Where indigenous peoples and other communities with customary tenure systems have legitimate tenure rights to the ancestral lands on which they live, States should recognize and protect these rights. Indigenous peoples and other communities with customary tenure systems should not be forcibly evicted from such ancestral lands.
|
Right to adequate food |
UDHR
Universal Declaration of human rights |
25.1
Everyone has the right to a standard of living adequate for the health and well-being of himself and his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
|
Legal recognition and allocation of tenure rights and duties
9. Indigenous peoples and other communities with customary tenure systems |
9.6
States should consider adapting their policy, legal and organizational frameworks to recognize tenure systems of indigenous peoples and other
communities with customary tenure systems. Where constitutional or
legal reforms strengthen the rights of women and place them in conflict with custom, all parties should cooperate to accommodate such changes in the customary tenure systems.
|
Right to adequate food |
UDHR
Universal Declaration of human rights |
25.1
Everyone has the right to a standard of living adequate for the health and well-being of himself and his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
|
Legal recognition and allocation of tenure rights and duties
9. Indigenous peoples and other communities with customary tenure systems |
9.8
States should protect indigenous peoples and other communities with customary tenure systems against the unauthorized use of their land, fisheries and forests by others. Where a community does not object, States should assist to formally document and publicize information on the nature and location of land, fisheries and forests used and controlled by the community. Where tenure rights of indigenous peoples and other communities with customary tenure systems are formally documented, they should be recorded with other public, private and communal tenure
rights to prevent competing claims.
|
Right to adequate food |
UDHR
Universal Declaration of human rights |
25.1
Everyone has the right to a standard of living adequate for the health and well-being of himself and his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
|
Legal recognition and allocation of tenure rights and duties
10. Informal tenure |
10.1
Where informal tenure to land, fisheries and forests exists, States should acknowledge it in a manner that respects existing formal rights under national law and in ways that recognize the reality of the situation and promote social, economic and environmental well-being. States should promote policies and laws to provide recognition to such informal tenure. The process of establishing these policies and laws should be
participatory, gender sensitive and strive to make provision for technical and legal support to affected communities and individuals. In particular,
States should acknowledge the emergence of informal tenure arising from large-scale migrations.
|
Right to adequate food |
UDHR
Universal Declaration of human rights |
25.1
Everyone has the right to a standard of living adequate for the health and well-being of himself and his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
|
Legal recognition and allocation of tenure rights and duties
10. Informal tenure |
10.4
States should take all appropriate measures to limit the informal tenure that results from overly complex legal and administrative requirements for land use change and development on land. Development requirements
and processes should be clear, simple and affordable to reduce the burden of compliance.
|
Right to adequate food |
UDHR
Universal Declaration of human rights |
25.1
Everyone has the right to a standard of living adequate for the health and well-being of himself and his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
|
Legal recognition and allocation of tenure rights and duties
10. Informal tenure |
10.6
Where it is not possible to provide legal recognition to informal tenure, States should prevent forced evictions that violate existing obligations under national and international law, and consistent with relevant
provisions under Section 16.
|
Right to adequate food |
UDHR
Universal Declaration of human rights |
25.1
Everyone has the right to a standard of living adequate for the health and well-being of himself and his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
|
Transfers and other changes to tenure rights and duties
11. Markets |
11.2
States should facilitate the operations of efficient and transparent markets to promote participation under equal conditions and opportunities for mutually beneficial transfers of tenure rights which lessen conflict and instability; promote the sustainable use of land, fisheries and forests and conservation of the environment; promote the fair and equitable use of genetic resources associated with land, fisheries and forests in accordance with applicable treaties; expand economic opportunities; and increase participation by the poor. States should take measures to prevent undesirable impacts on local communities, indigenous peoples and vulnerable groups that may arise from, inter alia, land speculation, land concentration and abuse of customary forms of tenure. States and other parties should recognize that values, such as social, cultural and environmental values, are not always well served by unregulated markets. States should protect the wider interests of societies through appropriate policies and laws on tenure.
|
Right to adequate food |
UDHR
Universal Declaration of human rights |
25.1
Everyone has the right to a standard of living adequate for the health and well-being of himself and his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
|
Transfers and other changes to tenure rights and duties
11. Markets |
11.4
States and other parties should ensure that information on market transactions and information on market values are transparent and widely publicized, subject to privacy restrictions. States should monitor this information and take action where markets have adverse impacts or discourage wide and equitable market participation.
|
Right to adequate food |
UDHR
Universal Declaration of human rights |
25.1
Everyone has the right to a standard of living adequate for the health and well-being of himself and his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
|
Transfers and other changes to tenure rights and duties
11. Markets |
11.4
States and other parties should ensure that information on market transactions and information on market values are transparent and widely publicized, subject to privacy restrictions. States should monitor this information and take action where markets have adverse impacts or discourage wide and equitable market participation.
|
Right to adequate food |
UDHR
Universal Declaration of human rights |
25.1
Everyone has the right to a standard of living adequate for the health and well-being of himself and his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
|
Transfers and other changes to tenure rights and duties
11. Markets |
11.8
Given the importance of small-scale producers for national food security and social stability, States should ensure that when facilitating market operations of tenure transactions, they protect the tenure rights of smallscale producers
|
Right to adequate food |
UDHR
Universal Declaration of human rights |
25.1
Everyone has the right to a standard of living adequate for the health and well-being of himself and his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
|
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 adequate food |
UDHR
Universal Declaration of human rights |
25.1
Everyone has the right to a standard of living adequate for the health and well-being of himself and his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
|
Transfers and other changes to tenure rights and duties
12. Investments |
12.4
Responsible investments should do no harm, safeguard against dispossession of legitimate tenure right holders and environmental damage, and should respect human rights. Such investments should be made working in partnership with relevant levels of government and local holders of tenure rights to land, fisheries and forests, respecting their legitimate tenure rights. They should strive to further contribute to policy objectives, such as poverty eradication; food security and sustainable use of land, fisheries and forests; support local communities; contribute to rural development; promote and secure local food production systems; enhance social and economic sustainable development; create employment; diversify livelihoods; provide benefits to the country and its people, including the poor and most vulnerable; and comply with national laws and international core labour standards as well as, when applicable, obligations related to standards of the International Labour Organization
|
Right to adequate food |
UDHR
Universal Declaration of human rights |
25.1
Everyone has the right to a standard of living adequate for the health and well-being of himself and his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
|
Transfers and other changes to tenure rights and duties
12. Investments |
12.4
Responsible investments should do no harm, safeguard against dispossession of legitimate tenure right holders and environmental damage, and should respect human rights. Such investments should be made working in partnership with relevant levels of government and local holders of tenure rights to land, fisheries and forests, respecting their legitimate tenure rights. They should strive to further contribute to policy objectives, such as poverty eradication; food security and sustainable use of land, fisheries and forests; support local communities; contribute to rural development; promote and secure local food production systems; enhance social and economic sustainable development; create employment; diversify livelihoods; provide benefits to the country and its people, including the poor and most vulnerable; and comply with national laws and international core labour standards as well as, when applicable, obligations related to standards of the International Labour Organization
|
Right to adequate food |
UDHR
Universal Declaration of human rights |
25.1
Everyone has the right to a standard of living adequate for the health and well-being of himself and his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
|
Transfers and other changes to tenure rights and duties
12. Investments |
12.4
Responsible investments should do no harm, safeguard against dispossession of legitimate tenure right holders and environmental damage, and should respect human rights. Such investments should be made working in partnership with relevant levels of government and local holders of tenure rights to land, fisheries and forests, respecting their legitimate tenure rights. They should strive to further contribute to policy objectives, such as poverty eradication; food security and sustainable use of land, fisheries and forests; support local communities; contribute to rural development; promote and secure local food production systems; enhance social and economic sustainable development; create employment; diversify livelihoods; provide benefits to the country and its people, including the poor and most vulnerable; and comply with national laws and international core labour standards as well as, when applicable, obligations related to standards of the International Labour Organization
|
Right to adequate food |
UDHR
Universal Declaration of human rights |
25.1
Everyone has the right to a standard of living adequate for the health and well-being of himself and his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
|
Transfers and other changes to tenure rights and duties
12. Investments |
12.6
States should provide safeguards to protect legitimate tenure rights, human rights, livelihoods, food security and the environment from risks that could arise from large-scale transactions in tenure rights. Such safeguards could include introducing ceilings on permissible land transactions and regulating how transfers exceeding a certain scale
should be approved, such as by parliamentary approval. States should consider promoting a range of production and investment models that do not result in the large-scale transfer of tenure rights to investors, and should encourage partnerships with local tenure right holders.
|
Right to adequate food |
UDHR
Universal Declaration of human rights |
25.1
Everyone has the right to a standard of living adequate for the health and well-being of himself and his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
|
Transfers and other changes to tenure rights and duties
12. Investments |
12.8
States should determine with all affected parties, consistent with the principles of consultation and participation of these Guidelines, the conditions that promote responsible investments and then should develop and publicize policies and laws that encourage responsible investments, respect human rights, and promote food security and sustainable use of the environment. Laws should require agreements for investments to clearly define the rights and duties of all parties to the agreement. Agreements for investments should comply with national legal frameworks and investment codes
|
Right to adequate food |
UDHR
Universal Declaration of human rights |
25.1
Everyone has the right to a standard of living adequate for the health and well-being of himself and his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
|
Transfers and other changes to tenure rights and duties
12. Investments |
12.8
States should determine with all affected parties, consistent with the principles of consultation and participation of these Guidelines, the conditions that promote responsible investments and then should develop and publicize policies and laws that encourage responsible investments, respect human rights, and promote food security and sustainable use of the environment. Laws should require agreements for investments to clearly define the rights and duties of all parties to the agreement. Agreements for investments should comply with national legal frameworks and investment codes
|
Right to adequate food |
UDHR
Universal Declaration of human rights |
25.1
Everyone has the right to a standard of living adequate for the health and well-being of himself and his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
|
Transfers and other changes to tenure rights and duties
12. Investments |
12.10
When investments involving large-scale transactions of tenure rights, including acquisitions and partnership agreements, are being considered, States should strive to make provisions for different parties to conduct
prior independent assessments on the potential positive and negative impacts that those investments could have on tenure rights, food security and the progressive realization of the right to adequate food, livelihoods and the environment. States should ensure that existing legitimate
tenure rights and claims, including those of customary and informal tenure, are systematically and impartially identified, as well as the rights and livelihoods of other people also affected by the investment, such as small-scale producers. This process should be conducted through consultation with all affected parties consistent with the principles of consultation and participation of these Guidelines. States should ensure that existing legitimate tenure rights are not compromised by such investments.
|
Right to adequate food |
UDHR
Universal Declaration of human rights |
25.1
Everyone has the right to a standard of living adequate for the health and well-being of himself and his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
|
Transfers and other changes to tenure rights and duties
12. Investments |
12.10
When investments involving large-scale transactions of tenure rights, including acquisitions and partnership agreements, are being considered, States should strive to make provisions for different parties to conduct
prior independent assessments on the potential positive and negative impacts that those investments could have on tenure rights, food security and the progressive realization of the right to adequate food, livelihoods and the environment. States should ensure that existing legitimate
tenure rights and claims, including those of customary and informal tenure, are systematically and impartially identified, as well as the rights and livelihoods of other people also affected by the investment, such as small-scale producers. This process should be conducted through consultation with all affected parties consistent with the principles of consultation and participation of these Guidelines. States should ensure that existing legitimate tenure rights are not compromised by such investments.
|
Right to adequate food |
UDHR
Universal Declaration of human rights |
25.1
Everyone has the right to a standard of living adequate for the health and well-being of himself and his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
|
Transfers and other changes to tenure rights and duties
12. Investments |
12.10
When investments involving large-scale transactions of tenure rights, including acquisitions and partnership agreements, are being considered, States should strive to make provisions for different parties to conduct
prior independent assessments on the potential positive and negative impacts that those investments could have on tenure rights, food security and the progressive realization of the right to adequate food, livelihoods and the environment. States should ensure that existing legitimate
tenure rights and claims, including those of customary and informal tenure, are systematically and impartially identified, as well as the rights and livelihoods of other people also affected by the investment, such as small-scale producers. This process should be conducted through consultation with all affected parties consistent with the principles of consultation and participation of these Guidelines. States should ensure that existing legitimate tenure rights are not compromised by such investments.
|
Right to adequate food |
UDHR
Universal Declaration of human rights |
25.1
Everyone has the right to a standard of living adequate for the health and well-being of himself and his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
|
Transfers and other changes to tenure rights and duties
12. Investments |
12.10
When investments involving large-scale transactions of tenure rights, including acquisitions and partnership agreements, are being considered, States should strive to make provisions for different parties to conduct
prior independent assessments on the potential positive and negative impacts that those investments could have on tenure rights, food security and the progressive realization of the right to adequate food, livelihoods and the environment. States should ensure that existing legitimate
tenure rights and claims, including those of customary and informal tenure, are systematically and impartially identified, as well as the rights and livelihoods of other people also affected by the investment, such as small-scale producers. This process should be conducted through consultation with all affected parties consistent with the principles of consultation and participation of these Guidelines. States should ensure that existing legitimate tenure rights are not compromised by such investments.
|
Right to adequate food |
UDHR
Universal Declaration of human rights |
25.1
Everyone has the right to a standard of living adequate for the health and well-being of himself and his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
|
Transfers and other changes to tenure rights and duties
12. Investments |
12.12
Investors have the responsibility to respect national law and legislation and recognize and respect tenure rights of others and the rule of law in line with the general principle for non-state actors as contained in these Guidelines. Investments should not contribute to food insecurity and
environmental degradation
|
Right to adequate food |
UDHR
Universal Declaration of human rights |
25.1
Everyone has the right to a standard of living adequate for the health and well-being of himself and his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
|
Transfers and other changes to tenure rights and duties
15. Redistributive reforms |
15.6
Where States choose to implement redistributive reforms, they should develop policies and laws, through participatory processes, to make
them sustainable. States should ensure that policies and laws assist beneficiaries, whether communities, families or individuals, to earn an
adequate standard of living from the land, fisheries and forests they acquire and ensure equal treatment of men and women in redistributive reforms. States should revise policies that might inhibit the achievement
and sustainability of the intended effects of the redistributive reforms.
|
Right to adequate food |
UDHR
Universal Declaration of human rights |
25.1
Everyone has the right to a standard of living adequate for the health and well-being of himself and his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
|
Transfers and other changes to tenure rights and duties
15. Redistributive reforms |
15.6
Where States choose to implement redistributive reforms, they should develop policies and laws, through participatory processes, to make
them sustainable. States should ensure that policies and laws assist beneficiaries, whether communities, families or individuals, to earn an
adequate standard of living from the land, fisheries and forests they acquire and ensure equal treatment of men and women in redistributive reforms. States should revise policies that might inhibit the achievement
and sustainability of the intended effects of the redistributive reforms.
|
Right to adequate food |
UDHR
Universal Declaration of human rights |
25.1
Everyone has the right to a standard of living adequate for the health and well-being of himself and his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
|
Transfers and other changes to tenure rights and duties
15. Redistributive reforms |
15.8
States should ensure that redistributive land reform programmes provide the full measure of support required by beneficiaries, such as access
to credit, crop insurance, inputs, markets, technical assistance in rural extension, farm development and housing. The provision of support services should be coordinated with the movement on the land by the beneficiaries. The full costs of land reforms, including costs of support services, should be identified in advance and included in relevant budgets.
|
Right to adequate food |
UDHR
Universal Declaration of human rights |
25.1
Everyone has the right to a standard of living adequate for the health and well-being of himself and his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
|
Transfers and other changes to tenure rights and duties
15. Redistributive reforms |
15.10
States, with the participation of the involved parties, should monitor and evaluate the outcomes of redistributive reform programmes, including associated support policies, as listed in paragraph 15.8, and their impacts on access to land and food security of both men and women and, where necessary, States should introduce corrective measures
|
Right to adequate food |
UDHR
Universal Declaration of human rights |
25.1
Everyone has the right to a standard of living adequate for the health and well-being of himself and his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
|
Transfers and other changes to tenure rights and duties
16. Expropriation and compensation |
16.2
States should ensure that the planning and process for expropriation are transparent and participatory. Anyone likely to be affected should be identified, and properly informed and consulted at all stages.
Consultations, consistent with the principles of these Guidelines, should provide information regarding possible alternative approaches to achieve the public purpose, and should have regard to strategies to minimize disruption of livelihoods. States should be sensitive where proposed expropriations involve areas of particular cultural, religious or environmental significance, or where the land, fisheries and forests in question are particularly important to the livelihoods of the poor or vulnerable.
|
Right to adequate food |
UDHR
Universal Declaration of human rights |
25.1
Everyone has the right to a standard of living adequate for the health and well-being of himself and his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
|
Transfers and other changes to tenure rights and duties
16. Expropriation and compensation |
16.5
Where the land, fisheries and forests are not needed due to changes of plans, States should give the original right holders the first opportunity to re-acquire these resources. In such a case the re-acquisition should take into consideration the amount of compensation received in return for the expropriation
|
Right to adequate food |
UDHR
Universal Declaration of human rights |
25.1
Everyone has the right to a standard of living adequate for the health and well-being of himself and his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
|
Transfers and other changes to tenure rights and duties
16. Expropriation and compensation |
16.7
Where evictions are considered to be justified for a public purpose as a result of expropriation of land, fisheries and forests, States should conduct
such evictions and treat all affected parties in a manner consistent with their relevant obligations to respect, protect, and fulfil human rights.
|
Right to adequate food |
UDHR
Universal Declaration of human rights |
25.1
Everyone has the right to a standard of living adequate for the health and well-being of himself and his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
|
Administration of tenure
18. Valuation |
18.1
States should ensure that appropriate systems are used for the fair and timely valuation of tenure rights for specific purposes, such as operation of markets, security for loans, transactions in tenure rights as a result of
investments, expropriation and taxation. Such systems should promote broader social, economic, environmental and sustainable development objectives.
|
Right to adequate food |
UDHR
Universal Declaration of human rights |
25.1
Everyone has the right to a standard of living adequate for the health and well-being of himself and his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
|
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 adequate food |
UDHR
Universal Declaration of human rights |
25.1
Everyone has the right to a standard of living adequate for the health and well-being of himself and his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
|
Administration of tenure
19. Taxation |
19.2
States should strive to develop policies, laws and organizational frameworks for regulating all aspects pertaining to taxation of tenure rights. Tax policies and laws should be used where appropriate to provide
for effective financing for decentralized levels of government and local provision of services and infrastructure.
|
Right to adequate food |
UDHR
Universal Declaration of human rights |
25.1
Everyone has the right to a standard of living adequate for the health and well-being of himself and his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
|
Administration of tenure
20. Regulated spatial planning |
20.1
Regulated spatial planning affects tenure rights by legally constraining their use. States should conduct regulated spatial planning, and monitor and enforce compliance with those plans, including balanced and sustainable territorial development, in a way that promotes the objectives of these Guidelines. In this regard, spatial planning should reconcile and
harmonize different objectives of the use of land, fisheries and forests.
|
Right to adequate food |
UDHR
Universal Declaration of human rights |
25.1
Everyone has the right to a standard of living adequate for the health and well-being of himself and his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
|
Administration of tenure
20. Regulated spatial planning |
20.3
States should ensure that regulated spatial planning is conducted in a manner that recognizes the interconnected relationships between land, fisheries and forests and their uses, including the gendered aspects of their uses. States should strive towards reconciling and prioritizing public,
community and private interests and accommodate the requirements for various uses, such as rural, agricultural, nomadic, urban and environmental. Spatial planning should consider all tenure rights, including overlapping
and periodic rights. Appropriate risk assessments for spatial planning should be required. National, regional and local spatial plans should be coordinated
|
Right to adequate food |
UDHR
Universal Declaration of human rights |
25.1
Everyone has the right to a standard of living adequate for the health and well-being of himself and his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
|
Administration of tenure
22. Transboundary matters |
22.1
States should cooperate, in the framework of appropriate mechanisms and with the participation of affected parties, in addressing tenure issues related to land, fisheries and forests which traverse national boundaries. 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 States where transboundary matters related to tenure
rights arise, parties should work together to protect such tenure rights, livelihoods and food security of the migrating populations while on their
respective territories.
|
Right to adequate food |
UDHR
Universal Declaration of human rights |
25.1
Everyone has the right to a standard of living adequate for the health and well-being of himself and his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
|
Administration of tenure
22. Transboundary matters |
22.3
Where appropriate, States should harmonize legal standards of tenure governance, in accordance with existing obligations under national and international law, and with due regard to voluntary commitments under applicable regional and international instruments. Where appropriate, this should be coordinated with relevant regional bodies and with affected parties. States, with the participation of the affected parties as appropriate, should develop or strengthen existing international measures to administer tenure rights that cross international boundaries. Where
appropriate, they should coordinate with relevant regional bodies. This should be done especially to protect the livelihoods and, in line with paragraph 4.8, the rights of all those affected.
|
Right to adequate food |
UDHR
Universal Declaration of human rights |
25.1
Everyone has the right to a standard of living adequate for the health and well-being of himself and his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
|
Responses to climate change and emergencies
23. Climate change |
23.1
States should ensure that the legitimate tenure rights to land, fisheries and forests of all individuals, communities or peoples likely to be affected,
with an emphasis on farmers, small-scale food producers, and vulnerable and marginalized people, are respected and protected by laws, policies,
strategies and actions with the aim to prevent and respond to the effects of climate change consistent with their respective obligations, as applicable,
in terms of relevant climate change framework agreements.
|
Right to adequate food |
UDHR
Universal Declaration of human rights |
25.1
Everyone has the right to a standard of living adequate for the health and well-being of himself and his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
|
Responses to climate change and emergencies
24. Natural disasters |
24.1
All parties should ensure that tenure aspects of land, fisheries and forests are addressed when preventing and preparing for natural disasters and in their responses to them. Regulatory frameworks for tenure, including
spatial planning, should be designed to avoid or minimize the potential impacts of natural disasters
|
Right to adequate food |
UDHR
Universal Declaration of human rights |
25.1
Everyone has the right to a standard of living adequate for the health and well-being of himself and his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
|
Responses to climate change and emergencies
24. Natural disasters |
24.1
All parties should ensure that tenure aspects of land, fisheries and forests are addressed when preventing and preparing for natural disasters and in their responses to them. Regulatory frameworks for tenure, including
spatial planning, should be designed to avoid or minimize the potential impacts of natural disasters
|
Right to adequate food |
UDHR
Universal Declaration of human rights |
25.1
Everyone has the right to a standard of living adequate for the health and well-being of himself and his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
|
Responses to climate change and emergencies
24. Natural disasters |
24.3
States should address tenure in disaster prevention and preparedness programmes. Information on legitimate tenure rights should be collected for areas that could be affected through a process consistent with the
principles of consultation and participation of these Guidelines. Systems for recording legitimate tenure rights should be resilient to natural disasters, including off-site storage of records, to allow right holders to prove their rights and relocate their parcels and other spatial units.
States should strive to identify areas for the temporary resettlement of people who could be displaced by natural disasters, and rules should be established for providing tenure security in such areas
|
Right to adequate food |
UDHR
Universal Declaration of human rights |
25.1
Everyone has the right to a standard of living adequate for the health and well-being of himself and his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
|
Responses to climate change and emergencies
24. Natural disasters |
24.3
States should address tenure in disaster prevention and preparedness programmes. Information on legitimate tenure rights should be collected for areas that could be affected through a process consistent with the
principles of consultation and participation of these Guidelines. Systems for recording legitimate tenure rights should be resilient to natural disasters, including off-site storage of records, to allow right holders to prove their rights and relocate their parcels and other spatial units.
States should strive to identify areas for the temporary resettlement of people who could be displaced by natural disasters, and rules should be established for providing tenure security in such areas
|
Right to adequate food |
UDHR
Universal Declaration of human rights |
25.1
Everyone has the right to a standard of living adequate for the health and well-being of himself and his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
|
Responses to climate change and emergencies
24. Natural disasters |
24.4
States and other parties should address tenure in the emergency response phase. Any provision of alternative land, fisheries, forests and livelihoods for displaced persons should not jeopardize the rights and livelihoods of others. Legitimate tenure rights of displaced persons should also be
recognized, respected and protected. Information on tenure rights and unauthorized use should be disseminated to all affected persons
|
Right to adequate food |
UDHR
Universal Declaration of human rights |
25.1
Everyone has the right to a standard of living adequate for the health and well-being of himself and his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
|
Responses to climate change and emergencies
24. Natural disasters |
24.4
States and other parties should address tenure in the emergency response phase. Any provision of alternative land, fisheries, forests and livelihoods for displaced persons should not jeopardize the rights and livelihoods of others. Legitimate tenure rights of displaced persons should also be
recognized, respected and protected. Information on tenure rights and unauthorized use should be disseminated to all affected persons
|
Right to adequate food |
UDHR
Universal Declaration of human rights |
25.1
Everyone has the right to a standard of living adequate for the health and well-being of himself and his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
|
Responses to climate change and emergencies
24. Natural disasters |
24.5
States and other parties should address tenure during the reconstruction phase. Persons who are temporarily displaced should be assisted in voluntarily, safely and with dignity returning to their place of origin. Means to resolve disputes over tenure rights should be provided. Where boundaries of parcels and other spatial units are to be re-established, this should be done consistent with the principles of consultation and participation of these Guidelines. Where people are unable to return to their place of origin, they should be permanently resettled elsewhere.
Such resettlement should be negotiated with host communities to ensure that the people who are displaced are provided with secure access to alternative land, fisheries, forests and livelihoods in ways that do not
jeopardize the rights and livelihoods of others.
|
Right to adequate food |
UDHR
Universal Declaration of human rights |
25.1
Everyone has the right to a standard of living adequate for the health and well-being of himself and his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
|
Responses to climate change and emergencies
25. Conflicts in respect to tenure of land, fisheries and forests |
25.1
All parties should take steps to prevent and eliminate issues of tenure of land, fisheries and forests as a cause of conflict and should ensure that aspects of tenure are addressed before, during and after conflict, including in situations of occupation where parties should act in accordance with
applicable international humanitarian law.
|
Right to adequate food |
UDHR
Universal Declaration of human rights |
25.1
Everyone has the right to a standard of living adequate for the health and well-being of himself and his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
|
Responses to climate change and emergencies
25. Conflicts in respect to tenure of land, fisheries and forests |
25.4
When conflicts arise, States and other parties should strive to respect and protect existing legitimate tenure rights and guarantee that these are not extinguished by other parties. Consistent with existing obligations under relevant national and international law, States should not recognize tenure
rights to land, fisheries and forests acquired, within their territories, through forceful and/or violent means. Refugees and displaced persons and others affected by conflict should be settled in safe conditions in ways that protect the tenure rights of host communities. Violations of tenure rights should be documented and, where appropriate, subsequently
remedied. Official records of tenure rights should be protected against destruction and theft in order to provide evidence for subsequent processes to address such violations and facilitate possible corrective action, and in areas where such records do not exist, the existing tenure rights should be documented as best as possible in a gender-sensitive
manner, including through oral histories and testimonies. Legitimate tenure rights of refugees and displaced persons should be recognized, respected and protected. Information on tenure rights and unauthorized use should be disseminated to all affected persons.
|
Right to adequate food |
UDHR
Universal Declaration of human rights |
25.1
Everyone has the right to a standard of living adequate for the health and well-being of himself and his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
|
Responses to climate change and emergencies
25. Conflicts in respect to tenure of land, fisheries and forests |
25.4
When conflicts arise, States and other parties should strive to respect and protect existing legitimate tenure rights and guarantee that these are not extinguished by other parties. Consistent with existing obligations under relevant national and international law, States should not recognize tenure
rights to land, fisheries and forests acquired, within their territories, through forceful and/or violent means. Refugees and displaced persons and others affected by conflict should be settled in safe conditions in ways that protect the tenure rights of host communities. Violations of tenure rights should be documented and, where appropriate, subsequently
remedied. Official records of tenure rights should be protected against destruction and theft in order to provide evidence for subsequent processes to address such violations and facilitate possible corrective action, and in areas where such records do not exist, the existing tenure rights should be documented as best as possible in a gender-sensitive
manner, including through oral histories and testimonies. Legitimate tenure rights of refugees and displaced persons should be recognized, respected and protected. Information on tenure rights and unauthorized use should be disseminated to all affected persons.
|
Right to adequate food |
UDHR
Universal Declaration of human rights |
25.1
Everyone has the right to a standard of living adequate for the health and well-being of himself and his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
|
Responses to climate change and emergencies
25. Conflicts in respect to tenure of land, fisheries and forests |
25.4
When conflicts arise, States and other parties should strive to respect and protect existing legitimate tenure rights and guarantee that these are not extinguished by other parties. Consistent with existing obligations under relevant national and international law, States should not recognize tenure
rights to land, fisheries and forests acquired, within their territories, through forceful and/or violent means. Refugees and displaced persons and others affected by conflict should be settled in safe conditions in ways that protect the tenure rights of host communities. Violations of tenure rights should be documented and, where appropriate, subsequently
remedied. Official records of tenure rights should be protected against destruction and theft in order to provide evidence for subsequent processes to address such violations and facilitate possible corrective action, and in areas where such records do not exist, the existing tenure rights should be documented as best as possible in a gender-sensitive
manner, including through oral histories and testimonies. Legitimate tenure rights of refugees and displaced persons should be recognized, respected and protected. Information on tenure rights and unauthorized use should be disseminated to all affected persons.
|
Right to adequate food |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
15.1
Peasants and other people working in rural areas have the right to adequate food and the fundamental right to be free from hunger. This includes the right to produce food and the right to adequate nutrition, which guarantee the possibility of enjoying the highest degree of physical, emotional and intellectual development.
|
General matters
3. Guiding principles of responsible tenure governance |
3.1.1
States should: 1. Recognize and respect all legitimate tenure right holders and their rights. They should take reasonable measures to identify, record and respect legitimate tenure right holders and their rights,
whether formally recorded or not; to refrain from infringement of tenure rights of others; and to meet the duties associated with tenure rights.
|
Right to adequate food |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
15.1
Peasants and other people working in rural areas have the right to adequate food and the fundamental right to be free from hunger. This includes the right to produce food and the right to adequate nutrition, which guarantee the possibility of enjoying the highest degree of physical, emotional and intellectual development.
|
General matters
3. Guiding principles of responsible tenure governance |
3.1.2
States should: 2. Safeguard legitimate tenure rights against threats and infringements. They should protect tenure right holders against the arbitrary loss of their tenure rights, including forced evictions that are inconsistent with their existing obligations under national and international law.
|
Right to adequate food |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
15.1
Peasants and other people working in rural areas have the right to adequate food and the fundamental right to be free from hunger. This includes the right to produce food and the right to adequate nutrition, which guarantee the possibility of enjoying the highest degree of physical, emotional and intellectual development.
|
General matters
3. Guiding principles of responsible tenure governance |
3.1.5
States should: Prevent tenure disputes, violent conflicts and corruption. They should take active measures to prevent tenure disputes from arising and from escalating into violent conflicts. They should endeavour to prevent corruption in all forms, at all levels, and in all settings.
|
Right to adequate food |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
15.1
Peasants and other people working in rural areas have the right to adequate food and the fundamental right to be free from hunger. This includes the right to produce food and the right to adequate nutrition, which guarantee the possibility of enjoying the highest degree of physical, emotional and intellectual development.
|
General matters
3. Guiding principles of responsible tenure governance |
3.2
Non-state actors including business enterprises have a responsibility to respect human rights and legitimate tenure rights. Business enterprises should act with due diligence to avoid infringing on the human rights and
legitimate tenure rights of others. They should include appropriate risk management systems to prevent and address adverse impacts on human rights and legitimate tenure rights. Business enterprises should provide for
and cooperate in non-judicial mechanisms to provide remedy, including effective operational-level grievance mechanisms, where appropriate, where they have caused or contributed to adverse impacts on human rights and legitimate tenure rights. Business enterprises should identify and assess any actual or potential impacts on human rights and legitimate tenure rights in which they may be involved. States, in accordance with their international obligations, should provide access to effective judicial remedies for negative impacts on human rights and legitimate tenure rights by business enterprises. Where transnational corporations are involved, their home States have roles to play in assisting both those corporations and host States to ensure that businesses are not involved in abuse of human rights and legitimate tenure rights. States should take additional steps to protect against abuses of human rights and legitimate tenure rights by business enterprises that are owned or controlled by the State, or that receive substantial support and service from State agencies.
|
Right to adequate food |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
15.1
Peasants and other people working in rural areas have the right to adequate food and the fundamental right to be free from hunger. This includes the right to produce food and the right to adequate nutrition, which guarantee the possibility of enjoying the highest degree of physical, emotional and intellectual development.
|
General matters
4. Rights and responsibilities related to tenure |
4.1
States should strive to ensure responsible governance of tenure because land, fisheries and forests are central for the realization of human rights, food security, poverty eradication, sustainable livelihoods, social stability, housing security, rural development, and social and economic growth.
|
Right to adequate food |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
15.1
Peasants and other people working in rural areas have the right to adequate food and the fundamental right to be free from hunger. This includes the right to produce food and the right to adequate nutrition, which guarantee the possibility of enjoying the highest degree of physical, emotional and intellectual development.
|
General matters
4. Rights and responsibilities related to tenure |
4.3
All parties should recognize that no tenure right, including private ownership, is absolute. All tenure rights are limited by the rights of others and by the measures taken by States necessary for public purposes. Such measures should be determined by law, solely for the purpose of promoting general welfare including environmental protection and consistent with States’ human rights obligations. Tenure rights are also balanced by duties. All should respect the long-term protection and sustainable use of
land, fisheries and forests.
|
Right to adequate food |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
15.1
Peasants and other people working in rural areas have the right to adequate food and the fundamental right to be free from hunger. This includes the right to produce food and the right to adequate nutrition, which guarantee the possibility of enjoying the highest degree of physical, emotional and intellectual development.
|
General matters
4. Rights and responsibilities related to tenure |
4.4
Based on an examination of tenure rights in line with national law, States should provide legal recognition for legitimate tenure rights not currently protected by law. Policies and laws that ensure tenure rights should be non-discriminatory and gender sensitive. Consistent with the principles of consultation and participation of these Guidelines, States should define through widely publicized rules the categories of rights that are considered legitimate. All forms of tenure should provide all persons with a degree of tenure security which guarantees legal protection against forced evictions that are inconsistent with States’ existing obligations under national and international law, and against harassment and other threats.
|
Right to adequate food |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
15.1
Peasants and other people working in rural areas have the right to adequate food and the fundamental right to be free from hunger. This includes the right to produce food and the right to adequate nutrition, which guarantee the possibility of enjoying the highest degree of physical, emotional and intellectual development.
|
General matters
4. Rights and responsibilities related to tenure |
4.4
Based on an examination of tenure rights in line with national law, States should provide legal recognition for legitimate tenure rights not currently protected by law. Policies and laws that ensure tenure rights should be non-discriminatory and gender sensitive. Consistent with the principles of consultation and participation of these Guidelines, States should define through widely publicized rules the categories of rights that are considered legitimate. All forms of tenure should provide all persons with a degree of tenure security which guarantees legal protection against forced evictions that are inconsistent with States’ existing obligations under national and international law, and against harassment and other threats.
|
Right to adequate food |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
15.1
Peasants and other people working in rural areas have the right to adequate food and the fundamental right to be free from hunger. This includes the right to produce food and the right to adequate nutrition, which guarantee the possibility of enjoying the highest degree of physical, emotional and intellectual development.
|
General matters
4. Rights and responsibilities related to tenure |
4.5
States should protect legitimate tenure rights, and ensure that people are not arbitrarily evicted and that their legitimate tenure rights are not otherwise extinguished or infringed
|
Right to adequate food |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
15.1
Peasants and other people working in rural areas have the right to adequate food and the fundamental right to be free from hunger. This includes the right to produce food and the right to adequate nutrition, which guarantee the possibility of enjoying the highest degree of physical, emotional and intellectual development.
|
General matters
5. Policy, legal and organizational frameworks related to tenure |
5.1
States should provide and maintain policy, legal and organizational frameworks that promote responsible governance of tenure of land, fisheries and forests. These frameworks are dependent on, and are
supported by broader reforms to the legal system, public service and judicial authorities
|
Right to adequate food |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
15.1
Peasants and other people working in rural areas have the right to adequate food and the fundamental right to be free from hunger. This includes the right to produce food and the right to adequate nutrition, which guarantee the possibility of enjoying the highest degree of physical, emotional and intellectual development.
|
General matters
5. Policy, legal and organizational frameworks related to tenure |
5.3
States should ensure that policy, legal and organizational frameworks for tenure governance recognize and respect, in accordance with
national laws, legitimate tenure rights including legitimate customary tenure rights that are not currently protected by law; and facilitate, promote and protect the exercise of tenure rights. Frameworks should reflect the social, cultural, economic and environmental significance of land, fisheries and forests. States should provide frameworks that are non-discriminatory and promote social equity and gender equality.
Frameworks should reflect the interconnected relationships between land, fisheries and forests and their uses, and establish an integrated approach to their administration
|
Right to adequate food |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
15.1
Peasants and other people working in rural areas have the right to adequate food and the fundamental right to be free from hunger. This includes the right to produce food and the right to adequate nutrition, which guarantee the possibility of enjoying the highest degree of physical, emotional and intellectual development.
|
Legal recognition and allocation of tenure rights and duties
7. Safeguards |
7.1
When States recognize or allocate tenure rights to land, fisheries and forests, they should establish, in accordance with national laws, safeguards to avoid infringing on or extinguishing tenure rights of others, including legitimate tenure rights that are not currently protected by law. In particular, safeguards should protect women and the vulnerable who hold subsidiary tenure rights, such as gathering rights.
|
Right to adequate food |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
15.1
Peasants and other people working in rural areas have the right to adequate food and the fundamental right to be free from hunger. This includes the right to produce food and the right to adequate nutrition, which guarantee the possibility of enjoying the highest degree of physical, emotional and intellectual development.
|
Legal recognition and allocation of tenure rights and duties
7. Safeguards |
7.1
When States recognize or allocate tenure rights to land, fisheries and forests, they should establish, in accordance with national laws, safeguards to avoid infringing on or extinguishing tenure rights of others, including legitimate tenure rights that are not currently protected by law. In particular, safeguards should protect women and the vulnerable who hold subsidiary tenure rights, such as gathering rights.
|
Right to adequate food |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
15.1
Peasants and other people working in rural areas have the right to adequate food and the fundamental right to be free from hunger. This includes the right to produce food and the right to adequate nutrition, which guarantee the possibility of enjoying the highest degree of physical, emotional and intellectual development.
|
Legal recognition and allocation of tenure rights and duties
7. Safeguards |
7.3
Where States intend to recognize or allocate tenure rights, they should first identify all existing tenure rights and right holders, whether recorded or not. Indigenous peoples and other communities with customary tenure systems, smallholders and anyone else who could be affected should be included in the consultation process, consistent with paragraphs 3B.6 and 9.9. States should provide access to justice, consistent with paragraph 4.9 if people believe their tenure rights are not recognized.
|
Right to adequate food |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
15.1
Peasants and other people working in rural areas have the right to adequate food and the fundamental right to be free from hunger. This includes the right to produce food and the right to adequate nutrition, which guarantee the possibility of enjoying the highest degree of physical, emotional and intellectual development.
|
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 adequate food |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
15.1
Peasants and other people working in rural areas have the right to adequate food and the fundamental right to be free from hunger. This includes the right to produce food and the right to adequate nutrition, which guarantee the possibility of enjoying the highest degree of physical, emotional and intellectual development.
|
Legal recognition and allocation of tenure rights and duties
7. Safeguards |
7.6
Where it is not possible to provide legal recognition of tenure rights, States should prevent forced evictions that are inconsistent with their existing obligations under national and international law, and in accordance with the principles of these Guidelines.
|
Right to adequate food |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
15.1
Peasants and other people working in rural areas have the right to adequate food and the fundamental right to be free from hunger. This includes the right to produce food and the right to adequate nutrition, which guarantee the possibility of enjoying the highest degree of physical, emotional and intellectual development.
|
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 adequate food |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
15.1
Peasants and other people working in rural areas have the right to adequate food and the fundamental right to be free from hunger. This includes the right to produce food and the right to adequate nutrition, which guarantee the possibility of enjoying the highest degree of physical, emotional and intellectual development.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.3
Noting that there are publicly-owned land, fisheries and forests that are collectively used and managed (in some national contexts referred to as commons), States should, where applicable, recognize and protect such publicly-owned land, fisheries and forests and their related systems of collective use and management, including in processes of allocation by the State.
|
Right to adequate food |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
15.1
Peasants and other people working in rural areas have the right to adequate food and the fundamental right to be free from hunger. This includes the right to produce food and the right to adequate nutrition, which guarantee the possibility of enjoying the highest degree of physical, emotional and intellectual development.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.5
States should determine which of the land, fisheries and forests they own or control will be retained and used by the public sector, and which of these will be allocated for use by others and under what conditions.
|
Right to adequate food |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
15.1
Peasants and other people working in rural areas have the right to adequate food and the fundamental right to be free from hunger. This includes the right to produce food and the right to adequate nutrition, which guarantee the possibility of enjoying the highest degree of physical, emotional and intellectual development.
|
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 adequate food |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
15.1
Peasants and other people working in rural areas have the right to adequate food and the fundamental right to be free from hunger. This includes the right to produce food and the right to adequate nutrition, which guarantee the possibility of enjoying the highest degree of physical, emotional and intellectual development.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.7
States should develop and publicize policies covering the allocation of tenure rights to others and, where appropriate, the delegation of responsibilities for tenure governance. Policies for allocation of tenure rights should be consistent with broader social, economic and environmental objectives. Local communities that have traditionally used the land, fisheries and forests should receive due consideration in the reallocation of tenure rights. Policies should take into account the tenure rights of others and anyone who could be affected should be included in the consultation, participation and decision-making processes. Such policies should ensure that the allocation of tenure rights does not threaten the livelihoods of people by depriving them of their legitimate access to these resources.
|
Right to adequate food |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
15.1
Peasants and other people working in rural areas have the right to adequate food and the fundamental right to be free from hunger. This includes the right to produce food and the right to adequate nutrition, which guarantee the possibility of enjoying the highest degree of physical, emotional and intellectual development.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.7
States should develop and publicize policies covering the allocation of tenure rights to others and, where appropriate, the delegation of responsibilities for tenure governance. Policies for allocation of tenure rights should be consistent with broader social, economic and environmental objectives. Local communities that have traditionally used the land, fisheries and forests should receive due consideration in the reallocation of tenure rights. Policies should take into account the tenure rights of others and anyone who could be affected should be included in the consultation, participation and decision-making processes. Such policies should ensure that the allocation of tenure rights does not threaten the livelihoods of people by depriving them of their legitimate access to these resources.
|
Right to adequate food |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
15.1
Peasants and other people working in rural areas have the right to adequate food and the fundamental right to be free from hunger. This includes the right to produce food and the right to adequate nutrition, which guarantee the possibility of enjoying the highest degree of physical, emotional and intellectual development.
|
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 adequate food |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
15.1
Peasants and other people working in rural areas have the right to adequate food and the fundamental right to be free from hunger. This includes the right to produce food and the right to adequate nutrition, which guarantee the possibility of enjoying the highest degree of physical, emotional and intellectual development.
|
Legal recognition and allocation of tenure rights and duties
9. Indigenous peoples and other communities with customary tenure systems |
9.4
States should provide appropriate recognition and protection of the legitimate tenure rights of indigenous peoples and other communities with customary tenure systems, consistent with existing obligations under national and international law, and with due regard to voluntary commitments under applicable regional and international instruments. Such recognition should take into account the land, fisheries and forests that are used exclusively by a community and those that are shared, and respect the general principles of responsible governance. Information on any such recognition should be publicized in an accessible location, in an appropriate form which is understandable and in applicable languages.
|
Right to adequate food |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
15.1
Peasants and other people working in rural areas have the right to adequate food and the fundamental right to be free from hunger. This includes the right to produce food and the right to adequate nutrition, which guarantee the possibility of enjoying the highest degree of physical, emotional and intellectual development.
|
Legal recognition and allocation of tenure rights and duties
9. Indigenous peoples and other communities with customary tenure systems |
9.5
Where indigenous peoples and other communities with customary tenure systems have legitimate tenure rights to the ancestral lands on which they live, States should recognize and protect these rights. Indigenous peoples and other communities with customary tenure systems should not be forcibly evicted from such ancestral lands.
|
Right to adequate food |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
15.1
Peasants and other people working in rural areas have the right to adequate food and the fundamental right to be free from hunger. This includes the right to produce food and the right to adequate nutrition, which guarantee the possibility of enjoying the highest degree of physical, emotional and intellectual development.
|
Legal recognition and allocation of tenure rights and duties
9. Indigenous peoples and other communities with customary tenure systems |
9.5
Where indigenous peoples and other communities with customary tenure systems have legitimate tenure rights to the ancestral lands on which they live, States should recognize and protect these rights. Indigenous peoples and other communities with customary tenure systems should not be forcibly evicted from such ancestral lands.
|
Right to adequate food |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
15.1
Peasants and other people working in rural areas have the right to adequate food and the fundamental right to be free from hunger. This includes the right to produce food and the right to adequate nutrition, which guarantee the possibility of enjoying the highest degree of physical, emotional and intellectual development.
|
Legal recognition and allocation of tenure rights and duties
9. Indigenous peoples and other communities with customary tenure systems |
9.6
States should consider adapting their policy, legal and organizational frameworks to recognize tenure systems of indigenous peoples and other
communities with customary tenure systems. Where constitutional or
legal reforms strengthen the rights of women and place them in conflict with custom, all parties should cooperate to accommodate such changes in the customary tenure systems.
|
Right to adequate food |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
15.1
Peasants and other people working in rural areas have the right to adequate food and the fundamental right to be free from hunger. This includes the right to produce food and the right to adequate nutrition, which guarantee the possibility of enjoying the highest degree of physical, emotional and intellectual development.
|
Legal recognition and allocation of tenure rights and duties
9. Indigenous peoples and other communities with customary tenure systems |
9.8
States should protect indigenous peoples and other communities with customary tenure systems against the unauthorized use of their land, fisheries and forests by others. Where a community does not object, States should assist to formally document and publicize information on the nature and location of land, fisheries and forests used and controlled by the community. Where tenure rights of indigenous peoples and other communities with customary tenure systems are formally documented, they should be recorded with other public, private and communal tenure
rights to prevent competing claims.
|
Right to adequate food |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
15.1
Peasants and other people working in rural areas have the right to adequate food and the fundamental right to be free from hunger. This includes the right to produce food and the right to adequate nutrition, which guarantee the possibility of enjoying the highest degree of physical, emotional and intellectual development.
|
Legal recognition and allocation of tenure rights and duties
10. Informal tenure |
10.1
Where informal tenure to land, fisheries and forests exists, States should acknowledge it in a manner that respects existing formal rights under national law and in ways that recognize the reality of the situation and promote social, economic and environmental well-being. States should promote policies and laws to provide recognition to such informal tenure. The process of establishing these policies and laws should be
participatory, gender sensitive and strive to make provision for technical and legal support to affected communities and individuals. In particular,
States should acknowledge the emergence of informal tenure arising from large-scale migrations.
|
Right to adequate food |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
15.1
Peasants and other people working in rural areas have the right to adequate food and the fundamental right to be free from hunger. This includes the right to produce food and the right to adequate nutrition, which guarantee the possibility of enjoying the highest degree of physical, emotional and intellectual development.
|
Legal recognition and allocation of tenure rights and duties
10. Informal tenure |
10.4
States should take all appropriate measures to limit the informal tenure that results from overly complex legal and administrative requirements for land use change and development on land. Development requirements
and processes should be clear, simple and affordable to reduce the burden of compliance.
|
Right to adequate food |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
15.1
Peasants and other people working in rural areas have the right to adequate food and the fundamental right to be free from hunger. This includes the right to produce food and the right to adequate nutrition, which guarantee the possibility of enjoying the highest degree of physical, emotional and intellectual development.
|
Legal recognition and allocation of tenure rights and duties
10. Informal tenure |
10.6
Where it is not possible to provide legal recognition to informal tenure, States should prevent forced evictions that violate existing obligations under national and international law, and consistent with relevant
provisions under Section 16.
|
Right to adequate food |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
15.1
Peasants and other people working in rural areas have the right to adequate food and the fundamental right to be free from hunger. This includes the right to produce food and the right to adequate nutrition, which guarantee the possibility of enjoying the highest degree of physical, emotional and intellectual development.
|
Transfers and other changes to tenure rights and duties
11. Markets |
11.2
States should facilitate the operations of efficient and transparent markets to promote participation under equal conditions and opportunities for mutually beneficial transfers of tenure rights which lessen conflict and instability; promote the sustainable use of land, fisheries and forests and conservation of the environment; promote the fair and equitable use of genetic resources associated with land, fisheries and forests in accordance with applicable treaties; expand economic opportunities; and increase participation by the poor. States should take measures to prevent undesirable impacts on local communities, indigenous peoples and vulnerable groups that may arise from, inter alia, land speculation, land concentration and abuse of customary forms of tenure. States and other parties should recognize that values, such as social, cultural and environmental values, are not always well served by unregulated markets. States should protect the wider interests of societies through appropriate policies and laws on tenure.
|
Right to adequate food |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
15.1
Peasants and other people working in rural areas have the right to adequate food and the fundamental right to be free from hunger. This includes the right to produce food and the right to adequate nutrition, which guarantee the possibility of enjoying the highest degree of physical, emotional and intellectual development.
|
Transfers and other changes to tenure rights and duties
11. Markets |
11.4
States and other parties should ensure that information on market transactions and information on market values are transparent and widely publicized, subject to privacy restrictions. States should monitor this information and take action where markets have adverse impacts or discourage wide and equitable market participation.
|
Right to adequate food |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
15.1
Peasants and other people working in rural areas have the right to adequate food and the fundamental right to be free from hunger. This includes the right to produce food and the right to adequate nutrition, which guarantee the possibility of enjoying the highest degree of physical, emotional and intellectual development.
|
Transfers and other changes to tenure rights and duties
11. Markets |
11.4
States and other parties should ensure that information on market transactions and information on market values are transparent and widely publicized, subject to privacy restrictions. States should monitor this information and take action where markets have adverse impacts or discourage wide and equitable market participation.
|
Right to adequate food |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
15.1
Peasants and other people working in rural areas have the right to adequate food and the fundamental right to be free from hunger. This includes the right to produce food and the right to adequate nutrition, which guarantee the possibility of enjoying the highest degree of physical, emotional and intellectual development.
|
Transfers and other changes to tenure rights and duties
11. Markets |
11.8
Given the importance of small-scale producers for national food security and social stability, States should ensure that when facilitating market operations of tenure transactions, they protect the tenure rights of smallscale producers
|
Right to adequate food |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
15.1
Peasants and other people working in rural areas have the right to adequate food and the fundamental right to be free from hunger. This includes the right to produce food and the right to adequate nutrition, which guarantee the possibility of enjoying the highest degree of physical, emotional and intellectual development.
|
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 adequate food |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
15.1
Peasants and other people working in rural areas have the right to adequate food and the fundamental right to be free from hunger. This includes the right to produce food and the right to adequate nutrition, which guarantee the possibility of enjoying the highest degree of physical, emotional and intellectual development.
|
Transfers and other changes to tenure rights and duties
12. Investments |
12.4
Responsible investments should do no harm, safeguard against dispossession of legitimate tenure right holders and environmental damage, and should respect human rights. Such investments should be made working in partnership with relevant levels of government and local holders of tenure rights to land, fisheries and forests, respecting their legitimate tenure rights. They should strive to further contribute to policy objectives, such as poverty eradication; food security and sustainable use of land, fisheries and forests; support local communities; contribute to rural development; promote and secure local food production systems; enhance social and economic sustainable development; create employment; diversify livelihoods; provide benefits to the country and its people, including the poor and most vulnerable; and comply with national laws and international core labour standards as well as, when applicable, obligations related to standards of the International Labour Organization
|
Right to adequate food |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
15.1
Peasants and other people working in rural areas have the right to adequate food and the fundamental right to be free from hunger. This includes the right to produce food and the right to adequate nutrition, which guarantee the possibility of enjoying the highest degree of physical, emotional and intellectual development.
|
Transfers and other changes to tenure rights and duties
12. Investments |
12.4
Responsible investments should do no harm, safeguard against dispossession of legitimate tenure right holders and environmental damage, and should respect human rights. Such investments should be made working in partnership with relevant levels of government and local holders of tenure rights to land, fisheries and forests, respecting their legitimate tenure rights. They should strive to further contribute to policy objectives, such as poverty eradication; food security and sustainable use of land, fisheries and forests; support local communities; contribute to rural development; promote and secure local food production systems; enhance social and economic sustainable development; create employment; diversify livelihoods; provide benefits to the country and its people, including the poor and most vulnerable; and comply with national laws and international core labour standards as well as, when applicable, obligations related to standards of the International Labour Organization
|
Right to adequate food |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
15.1
Peasants and other people working in rural areas have the right to adequate food and the fundamental right to be free from hunger. This includes the right to produce food and the right to adequate nutrition, which guarantee the possibility of enjoying the highest degree of physical, emotional and intellectual development.
|
Transfers and other changes to tenure rights and duties
12. Investments |
12.4
Responsible investments should do no harm, safeguard against dispossession of legitimate tenure right holders and environmental damage, and should respect human rights. Such investments should be made working in partnership with relevant levels of government and local holders of tenure rights to land, fisheries and forests, respecting their legitimate tenure rights. They should strive to further contribute to policy objectives, such as poverty eradication; food security and sustainable use of land, fisheries and forests; support local communities; contribute to rural development; promote and secure local food production systems; enhance social and economic sustainable development; create employment; diversify livelihoods; provide benefits to the country and its people, including the poor and most vulnerable; and comply with national laws and international core labour standards as well as, when applicable, obligations related to standards of the International Labour Organization
|
Right to adequate food |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
15.1
Peasants and other people working in rural areas have the right to adequate food and the fundamental right to be free from hunger. This includes the right to produce food and the right to adequate nutrition, which guarantee the possibility of enjoying the highest degree of physical, emotional and intellectual development.
|
Transfers and other changes to tenure rights and duties
12. Investments |
12.6
States should provide safeguards to protect legitimate tenure rights, human rights, livelihoods, food security and the environment from risks that could arise from large-scale transactions in tenure rights. Such safeguards could include introducing ceilings on permissible land transactions and regulating how transfers exceeding a certain scale
should be approved, such as by parliamentary approval. States should consider promoting a range of production and investment models that do not result in the large-scale transfer of tenure rights to investors, and should encourage partnerships with local tenure right holders.
|
Right to adequate food |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
15.1
Peasants and other people working in rural areas have the right to adequate food and the fundamental right to be free from hunger. This includes the right to produce food and the right to adequate nutrition, which guarantee the possibility of enjoying the highest degree of physical, emotional and intellectual development.
|
Transfers and other changes to tenure rights and duties
12. Investments |
12.8
States should determine with all affected parties, consistent with the principles of consultation and participation of these Guidelines, the conditions that promote responsible investments and then should develop and publicize policies and laws that encourage responsible investments, respect human rights, and promote food security and sustainable use of the environment. Laws should require agreements for investments to clearly define the rights and duties of all parties to the agreement. Agreements for investments should comply with national legal frameworks and investment codes
|
Right to adequate food |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
15.1
Peasants and other people working in rural areas have the right to adequate food and the fundamental right to be free from hunger. This includes the right to produce food and the right to adequate nutrition, which guarantee the possibility of enjoying the highest degree of physical, emotional and intellectual development.
|
Transfers and other changes to tenure rights and duties
12. Investments |
12.8
States should determine with all affected parties, consistent with the principles of consultation and participation of these Guidelines, the conditions that promote responsible investments and then should develop and publicize policies and laws that encourage responsible investments, respect human rights, and promote food security and sustainable use of the environment. Laws should require agreements for investments to clearly define the rights and duties of all parties to the agreement. Agreements for investments should comply with national legal frameworks and investment codes
|
Right to adequate food |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
15.1
Peasants and other people working in rural areas have the right to adequate food and the fundamental right to be free from hunger. This includes the right to produce food and the right to adequate nutrition, which guarantee the possibility of enjoying the highest degree of physical, emotional and intellectual development.
|
Transfers and other changes to tenure rights and duties
12. Investments |
12.10
When investments involving large-scale transactions of tenure rights, including acquisitions and partnership agreements, are being considered, States should strive to make provisions for different parties to conduct
prior independent assessments on the potential positive and negative impacts that those investments could have on tenure rights, food security and the progressive realization of the right to adequate food, livelihoods and the environment. States should ensure that existing legitimate
tenure rights and claims, including those of customary and informal tenure, are systematically and impartially identified, as well as the rights and livelihoods of other people also affected by the investment, such as small-scale producers. This process should be conducted through consultation with all affected parties consistent with the principles of consultation and participation of these Guidelines. States should ensure that existing legitimate tenure rights are not compromised by such investments.
|
Right to adequate food |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
15.1
Peasants and other people working in rural areas have the right to adequate food and the fundamental right to be free from hunger. This includes the right to produce food and the right to adequate nutrition, which guarantee the possibility of enjoying the highest degree of physical, emotional and intellectual development.
|
Transfers and other changes to tenure rights and duties
12. Investments |
12.10
When investments involving large-scale transactions of tenure rights, including acquisitions and partnership agreements, are being considered, States should strive to make provisions for different parties to conduct
prior independent assessments on the potential positive and negative impacts that those investments could have on tenure rights, food security and the progressive realization of the right to adequate food, livelihoods and the environment. States should ensure that existing legitimate
tenure rights and claims, including those of customary and informal tenure, are systematically and impartially identified, as well as the rights and livelihoods of other people also affected by the investment, such as small-scale producers. This process should be conducted through consultation with all affected parties consistent with the principles of consultation and participation of these Guidelines. States should ensure that existing legitimate tenure rights are not compromised by such investments.
|
Right to adequate food |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
15.1
Peasants and other people working in rural areas have the right to adequate food and the fundamental right to be free from hunger. This includes the right to produce food and the right to adequate nutrition, which guarantee the possibility of enjoying the highest degree of physical, emotional and intellectual development.
|
Transfers and other changes to tenure rights and duties
12. Investments |
12.10
When investments involving large-scale transactions of tenure rights, including acquisitions and partnership agreements, are being considered, States should strive to make provisions for different parties to conduct
prior independent assessments on the potential positive and negative impacts that those investments could have on tenure rights, food security and the progressive realization of the right to adequate food, livelihoods and the environment. States should ensure that existing legitimate
tenure rights and claims, including those of customary and informal tenure, are systematically and impartially identified, as well as the rights and livelihoods of other people also affected by the investment, such as small-scale producers. This process should be conducted through consultation with all affected parties consistent with the principles of consultation and participation of these Guidelines. States should ensure that existing legitimate tenure rights are not compromised by such investments.
|
Right to adequate food |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
15.1
Peasants and other people working in rural areas have the right to adequate food and the fundamental right to be free from hunger. This includes the right to produce food and the right to adequate nutrition, which guarantee the possibility of enjoying the highest degree of physical, emotional and intellectual development.
|
Transfers and other changes to tenure rights and duties
12. Investments |
12.10
When investments involving large-scale transactions of tenure rights, including acquisitions and partnership agreements, are being considered, States should strive to make provisions for different parties to conduct
prior independent assessments on the potential positive and negative impacts that those investments could have on tenure rights, food security and the progressive realization of the right to adequate food, livelihoods and the environment. States should ensure that existing legitimate
tenure rights and claims, including those of customary and informal tenure, are systematically and impartially identified, as well as the rights and livelihoods of other people also affected by the investment, such as small-scale producers. This process should be conducted through consultation with all affected parties consistent with the principles of consultation and participation of these Guidelines. States should ensure that existing legitimate tenure rights are not compromised by such investments.
|
Right to adequate food |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
15.1
Peasants and other people working in rural areas have the right to adequate food and the fundamental right to be free from hunger. This includes the right to produce food and the right to adequate nutrition, which guarantee the possibility of enjoying the highest degree of physical, emotional and intellectual development.
|
Transfers and other changes to tenure rights and duties
12. Investments |
12.12
Investors have the responsibility to respect national law and legislation and recognize and respect tenure rights of others and the rule of law in line with the general principle for non-state actors as contained in these Guidelines. Investments should not contribute to food insecurity and
environmental degradation
|
Right to adequate food |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
15.1
Peasants and other people working in rural areas have the right to adequate food and the fundamental right to be free from hunger. This includes the right to produce food and the right to adequate nutrition, which guarantee the possibility of enjoying the highest degree of physical, emotional and intellectual development.
|
Transfers and other changes to tenure rights and duties
15. Redistributive reforms |
15.6
Where States choose to implement redistributive reforms, they should develop policies and laws, through participatory processes, to make
them sustainable. States should ensure that policies and laws assist beneficiaries, whether communities, families or individuals, to earn an
adequate standard of living from the land, fisheries and forests they acquire and ensure equal treatment of men and women in redistributive reforms. States should revise policies that might inhibit the achievement
and sustainability of the intended effects of the redistributive reforms.
|
Right to adequate food |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
15.1
Peasants and other people working in rural areas have the right to adequate food and the fundamental right to be free from hunger. This includes the right to produce food and the right to adequate nutrition, which guarantee the possibility of enjoying the highest degree of physical, emotional and intellectual development.
|
Transfers and other changes to tenure rights and duties
15. Redistributive reforms |
15.6
Where States choose to implement redistributive reforms, they should develop policies and laws, through participatory processes, to make
them sustainable. States should ensure that policies and laws assist beneficiaries, whether communities, families or individuals, to earn an
adequate standard of living from the land, fisheries and forests they acquire and ensure equal treatment of men and women in redistributive reforms. States should revise policies that might inhibit the achievement
and sustainability of the intended effects of the redistributive reforms.
|
Right to adequate food |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
15.1
Peasants and other people working in rural areas have the right to adequate food and the fundamental right to be free from hunger. This includes the right to produce food and the right to adequate nutrition, which guarantee the possibility of enjoying the highest degree of physical, emotional and intellectual development.
|
Transfers and other changes to tenure rights and duties
15. Redistributive reforms |
15.8
States should ensure that redistributive land reform programmes provide the full measure of support required by beneficiaries, such as access
to credit, crop insurance, inputs, markets, technical assistance in rural extension, farm development and housing. The provision of support services should be coordinated with the movement on the land by the beneficiaries. The full costs of land reforms, including costs of support services, should be identified in advance and included in relevant budgets.
|
Right to adequate food |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
15.1
Peasants and other people working in rural areas have the right to adequate food and the fundamental right to be free from hunger. This includes the right to produce food and the right to adequate nutrition, which guarantee the possibility of enjoying the highest degree of physical, emotional and intellectual development.
|
Transfers and other changes to tenure rights and duties
15. Redistributive reforms |
15.10
States, with the participation of the involved parties, should monitor and evaluate the outcomes of redistributive reform programmes, including associated support policies, as listed in paragraph 15.8, and their impacts on access to land and food security of both men and women and, where necessary, States should introduce corrective measures
|
Right to adequate food |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
15.1
Peasants and other people working in rural areas have the right to adequate food and the fundamental right to be free from hunger. This includes the right to produce food and the right to adequate nutrition, which guarantee the possibility of enjoying the highest degree of physical, emotional and intellectual development.
|
Transfers and other changes to tenure rights and duties
16. Expropriation and compensation |
16.2
States should ensure that the planning and process for expropriation are transparent and participatory. Anyone likely to be affected should be identified, and properly informed and consulted at all stages.
Consultations, consistent with the principles of these Guidelines, should provide information regarding possible alternative approaches to achieve the public purpose, and should have regard to strategies to minimize disruption of livelihoods. States should be sensitive where proposed expropriations involve areas of particular cultural, religious or environmental significance, or where the land, fisheries and forests in question are particularly important to the livelihoods of the poor or vulnerable.
|
Right to adequate food |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
15.1
Peasants and other people working in rural areas have the right to adequate food and the fundamental right to be free from hunger. This includes the right to produce food and the right to adequate nutrition, which guarantee the possibility of enjoying the highest degree of physical, emotional and intellectual development.
|
Transfers and other changes to tenure rights and duties
16. Expropriation and compensation |
16.5
Where the land, fisheries and forests are not needed due to changes of plans, States should give the original right holders the first opportunity to re-acquire these resources. In such a case the re-acquisition should take into consideration the amount of compensation received in return for the expropriation
|
Right to adequate food |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
15.1
Peasants and other people working in rural areas have the right to adequate food and the fundamental right to be free from hunger. This includes the right to produce food and the right to adequate nutrition, which guarantee the possibility of enjoying the highest degree of physical, emotional and intellectual development.
|
Transfers and other changes to tenure rights and duties
16. Expropriation and compensation |
16.7
Where evictions are considered to be justified for a public purpose as a result of expropriation of land, fisheries and forests, States should conduct
such evictions and treat all affected parties in a manner consistent with their relevant obligations to respect, protect, and fulfil human rights.
|
Right to adequate food |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
15.1
Peasants and other people working in rural areas have the right to adequate food and the fundamental right to be free from hunger. This includes the right to produce food and the right to adequate nutrition, which guarantee the possibility of enjoying the highest degree of physical, emotional and intellectual development.
|
Administration of tenure
18. Valuation |
18.1
States should ensure that appropriate systems are used for the fair and timely valuation of tenure rights for specific purposes, such as operation of markets, security for loans, transactions in tenure rights as a result of
investments, expropriation and taxation. Such systems should promote broader social, economic, environmental and sustainable development objectives.
|
Right to adequate food |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
15.1
Peasants and other people working in rural areas have the right to adequate food and the fundamental right to be free from hunger. This includes the right to produce food and the right to adequate nutrition, which guarantee the possibility of enjoying the highest degree of physical, emotional and intellectual development.
|
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 adequate food |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
15.1
Peasants and other people working in rural areas have the right to adequate food and the fundamental right to be free from hunger. This includes the right to produce food and the right to adequate nutrition, which guarantee the possibility of enjoying the highest degree of physical, emotional and intellectual development.
|
Administration of tenure
19. Taxation |
19.2
States should strive to develop policies, laws and organizational frameworks for regulating all aspects pertaining to taxation of tenure rights. Tax policies and laws should be used where appropriate to provide
for effective financing for decentralized levels of government and local provision of services and infrastructure.
|
Right to adequate food |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
15.1
Peasants and other people working in rural areas have the right to adequate food and the fundamental right to be free from hunger. This includes the right to produce food and the right to adequate nutrition, which guarantee the possibility of enjoying the highest degree of physical, emotional and intellectual development.
|
Administration of tenure
20. Regulated spatial planning |
20.1
Regulated spatial planning affects tenure rights by legally constraining their use. States should conduct regulated spatial planning, and monitor and enforce compliance with those plans, including balanced and sustainable territorial development, in a way that promotes the objectives of these Guidelines. In this regard, spatial planning should reconcile and
harmonize different objectives of the use of land, fisheries and forests.
|
Right to adequate food |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
15.1
Peasants and other people working in rural areas have the right to adequate food and the fundamental right to be free from hunger. This includes the right to produce food and the right to adequate nutrition, which guarantee the possibility of enjoying the highest degree of physical, emotional and intellectual development.
|
Administration of tenure
20. Regulated spatial planning |
20.3
States should ensure that regulated spatial planning is conducted in a manner that recognizes the interconnected relationships between land, fisheries and forests and their uses, including the gendered aspects of their uses. States should strive towards reconciling and prioritizing public,
community and private interests and accommodate the requirements for various uses, such as rural, agricultural, nomadic, urban and environmental. Spatial planning should consider all tenure rights, including overlapping
and periodic rights. Appropriate risk assessments for spatial planning should be required. National, regional and local spatial plans should be coordinated
|
Right to adequate food |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
15.1
Peasants and other people working in rural areas have the right to adequate food and the fundamental right to be free from hunger. This includes the right to produce food and the right to adequate nutrition, which guarantee the possibility of enjoying the highest degree of physical, emotional and intellectual development.
|
Administration of tenure
22. Transboundary matters |
22.1
States should cooperate, in the framework of appropriate mechanisms and with the participation of affected parties, in addressing tenure issues related to land, fisheries and forests which traverse national boundaries. 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 States where transboundary matters related to tenure
rights arise, parties should work together to protect such tenure rights, livelihoods and food security of the migrating populations while on their
respective territories.
|
Right to adequate food |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
15.1
Peasants and other people working in rural areas have the right to adequate food and the fundamental right to be free from hunger. This includes the right to produce food and the right to adequate nutrition, which guarantee the possibility of enjoying the highest degree of physical, emotional and intellectual development.
|
Administration of tenure
22. Transboundary matters |
22.3
Where appropriate, States should harmonize legal standards of tenure governance, in accordance with existing obligations under national and international law, and with due regard to voluntary commitments under applicable regional and international instruments. Where appropriate, this should be coordinated with relevant regional bodies and with affected parties. States, with the participation of the affected parties as appropriate, should develop or strengthen existing international measures to administer tenure rights that cross international boundaries. Where
appropriate, they should coordinate with relevant regional bodies. This should be done especially to protect the livelihoods and, in line with paragraph 4.8, the rights of all those affected.
|
Right to adequate food |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
15.1
Peasants and other people working in rural areas have the right to adequate food and the fundamental right to be free from hunger. This includes the right to produce food and the right to adequate nutrition, which guarantee the possibility of enjoying the highest degree of physical, emotional and intellectual development.
|
Responses to climate change and emergencies
23. Climate change |
23.1
States should ensure that the legitimate tenure rights to land, fisheries and forests of all individuals, communities or peoples likely to be affected,
with an emphasis on farmers, small-scale food producers, and vulnerable and marginalized people, are respected and protected by laws, policies,
strategies and actions with the aim to prevent and respond to the effects of climate change consistent with their respective obligations, as applicable,
in terms of relevant climate change framework agreements.
|
Right to adequate food |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
15.1
Peasants and other people working in rural areas have the right to adequate food and the fundamental right to be free from hunger. This includes the right to produce food and the right to adequate nutrition, which guarantee the possibility of enjoying the highest degree of physical, emotional and intellectual development.
|
Responses to climate change and emergencies
24. Natural disasters |
24.1
All parties should ensure that tenure aspects of land, fisheries and forests are addressed when preventing and preparing for natural disasters and in their responses to them. Regulatory frameworks for tenure, including
spatial planning, should be designed to avoid or minimize the potential impacts of natural disasters
|
Right to adequate food |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
15.1
Peasants and other people working in rural areas have the right to adequate food and the fundamental right to be free from hunger. This includes the right to produce food and the right to adequate nutrition, which guarantee the possibility of enjoying the highest degree of physical, emotional and intellectual development.
|
Responses to climate change and emergencies
24. Natural disasters |
24.1
All parties should ensure that tenure aspects of land, fisheries and forests are addressed when preventing and preparing for natural disasters and in their responses to them. Regulatory frameworks for tenure, including
spatial planning, should be designed to avoid or minimize the potential impacts of natural disasters
|
Right to adequate food |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
15.1
Peasants and other people working in rural areas have the right to adequate food and the fundamental right to be free from hunger. This includes the right to produce food and the right to adequate nutrition, which guarantee the possibility of enjoying the highest degree of physical, emotional and intellectual development.
|
Responses to climate change and emergencies
24. Natural disasters |
24.3
States should address tenure in disaster prevention and preparedness programmes. Information on legitimate tenure rights should be collected for areas that could be affected through a process consistent with the
principles of consultation and participation of these Guidelines. Systems for recording legitimate tenure rights should be resilient to natural disasters, including off-site storage of records, to allow right holders to prove their rights and relocate their parcels and other spatial units.
States should strive to identify areas for the temporary resettlement of people who could be displaced by natural disasters, and rules should be established for providing tenure security in such areas
|
Right to adequate food |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
15.1
Peasants and other people working in rural areas have the right to adequate food and the fundamental right to be free from hunger. This includes the right to produce food and the right to adequate nutrition, which guarantee the possibility of enjoying the highest degree of physical, emotional and intellectual development.
|
Responses to climate change and emergencies
24. Natural disasters |
24.3
States should address tenure in disaster prevention and preparedness programmes. Information on legitimate tenure rights should be collected for areas that could be affected through a process consistent with the
principles of consultation and participation of these Guidelines. Systems for recording legitimate tenure rights should be resilient to natural disasters, including off-site storage of records, to allow right holders to prove their rights and relocate their parcels and other spatial units.
States should strive to identify areas for the temporary resettlement of people who could be displaced by natural disasters, and rules should be established for providing tenure security in such areas
|
Right to adequate food |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
15.1
Peasants and other people working in rural areas have the right to adequate food and the fundamental right to be free from hunger. This includes the right to produce food and the right to adequate nutrition, which guarantee the possibility of enjoying the highest degree of physical, emotional and intellectual development.
|
Responses to climate change and emergencies
24. Natural disasters |
24.4
States and other parties should address tenure in the emergency response phase. Any provision of alternative land, fisheries, forests and livelihoods for displaced persons should not jeopardize the rights and livelihoods of others. Legitimate tenure rights of displaced persons should also be
recognized, respected and protected. Information on tenure rights and unauthorized use should be disseminated to all affected persons
|
Right to adequate food |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
15.1
Peasants and other people working in rural areas have the right to adequate food and the fundamental right to be free from hunger. This includes the right to produce food and the right to adequate nutrition, which guarantee the possibility of enjoying the highest degree of physical, emotional and intellectual development.
|
Responses to climate change and emergencies
24. Natural disasters |
24.4
States and other parties should address tenure in the emergency response phase. Any provision of alternative land, fisheries, forests and livelihoods for displaced persons should not jeopardize the rights and livelihoods of others. Legitimate tenure rights of displaced persons should also be
recognized, respected and protected. Information on tenure rights and unauthorized use should be disseminated to all affected persons
|
Right to adequate food |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
15.1
Peasants and other people working in rural areas have the right to adequate food and the fundamental right to be free from hunger. This includes the right to produce food and the right to adequate nutrition, which guarantee the possibility of enjoying the highest degree of physical, emotional and intellectual development.
|
Responses to climate change and emergencies
24. Natural disasters |
24.5
States and other parties should address tenure during the reconstruction phase. Persons who are temporarily displaced should be assisted in voluntarily, safely and with dignity returning to their place of origin. Means to resolve disputes over tenure rights should be provided. Where boundaries of parcels and other spatial units are to be re-established, this should be done consistent with the principles of consultation and participation of these Guidelines. Where people are unable to return to their place of origin, they should be permanently resettled elsewhere.
Such resettlement should be negotiated with host communities to ensure that the people who are displaced are provided with secure access to alternative land, fisheries, forests and livelihoods in ways that do not
jeopardize the rights and livelihoods of others.
|
Right to adequate food |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
15.1
Peasants and other people working in rural areas have the right to adequate food and the fundamental right to be free from hunger. This includes the right to produce food and the right to adequate nutrition, which guarantee the possibility of enjoying the highest degree of physical, emotional and intellectual development.
|
Responses to climate change and emergencies
25. Conflicts in respect to tenure of land, fisheries and forests |
25.1
All parties should take steps to prevent and eliminate issues of tenure of land, fisheries and forests as a cause of conflict and should ensure that aspects of tenure are addressed before, during and after conflict, including in situations of occupation where parties should act in accordance with
applicable international humanitarian law.
|
Right to adequate food |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
15.1
Peasants and other people working in rural areas have the right to adequate food and the fundamental right to be free from hunger. This includes the right to produce food and the right to adequate nutrition, which guarantee the possibility of enjoying the highest degree of physical, emotional and intellectual development.
|
Responses to climate change and emergencies
25. Conflicts in respect to tenure of land, fisheries and forests |
25.4
When conflicts arise, States and other parties should strive to respect and protect existing legitimate tenure rights and guarantee that these are not extinguished by other parties. Consistent with existing obligations under relevant national and international law, States should not recognize tenure
rights to land, fisheries and forests acquired, within their territories, through forceful and/or violent means. Refugees and displaced persons and others affected by conflict should be settled in safe conditions in ways that protect the tenure rights of host communities. Violations of tenure rights should be documented and, where appropriate, subsequently
remedied. Official records of tenure rights should be protected against destruction and theft in order to provide evidence for subsequent processes to address such violations and facilitate possible corrective action, and in areas where such records do not exist, the existing tenure rights should be documented as best as possible in a gender-sensitive
manner, including through oral histories and testimonies. Legitimate tenure rights of refugees and displaced persons should be recognized, respected and protected. Information on tenure rights and unauthorized use should be disseminated to all affected persons.
|
Right to adequate food |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
15.1
Peasants and other people working in rural areas have the right to adequate food and the fundamental right to be free from hunger. This includes the right to produce food and the right to adequate nutrition, which guarantee the possibility of enjoying the highest degree of physical, emotional and intellectual development.
|
Responses to climate change and emergencies
25. Conflicts in respect to tenure of land, fisheries and forests |
25.4
When conflicts arise, States and other parties should strive to respect and protect existing legitimate tenure rights and guarantee that these are not extinguished by other parties. Consistent with existing obligations under relevant national and international law, States should not recognize tenure
rights to land, fisheries and forests acquired, within their territories, through forceful and/or violent means. Refugees and displaced persons and others affected by conflict should be settled in safe conditions in ways that protect the tenure rights of host communities. Violations of tenure rights should be documented and, where appropriate, subsequently
remedied. Official records of tenure rights should be protected against destruction and theft in order to provide evidence for subsequent processes to address such violations and facilitate possible corrective action, and in areas where such records do not exist, the existing tenure rights should be documented as best as possible in a gender-sensitive
manner, including through oral histories and testimonies. Legitimate tenure rights of refugees and displaced persons should be recognized, respected and protected. Information on tenure rights and unauthorized use should be disseminated to all affected persons.
|
Right to adequate food |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
15.1
Peasants and other people working in rural areas have the right to adequate food and the fundamental right to be free from hunger. This includes the right to produce food and the right to adequate nutrition, which guarantee the possibility of enjoying the highest degree of physical, emotional and intellectual development.
|
Responses to climate change and emergencies
25. Conflicts in respect to tenure of land, fisheries and forests |
25.4
When conflicts arise, States and other parties should strive to respect and protect existing legitimate tenure rights and guarantee that these are not extinguished by other parties. Consistent with existing obligations under relevant national and international law, States should not recognize tenure
rights to land, fisheries and forests acquired, within their territories, through forceful and/or violent means. Refugees and displaced persons and others affected by conflict should be settled in safe conditions in ways that protect the tenure rights of host communities. Violations of tenure rights should be documented and, where appropriate, subsequently
remedied. Official records of tenure rights should be protected against destruction and theft in order to provide evidence for subsequent processes to address such violations and facilitate possible corrective action, and in areas where such records do not exist, the existing tenure rights should be documented as best as possible in a gender-sensitive
manner, including through oral histories and testimonies. Legitimate tenure rights of refugees and displaced persons should be recognized, respected and protected. Information on tenure rights and unauthorized use should be disseminated to all affected persons.
|
Right to remedy |
UDHR
Universal Declaration of human rights |
8
Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.
|
General matters
3. Guiding principles of responsible tenure governance |
3.1.4
States should: Provide access to justice to deal with infringements of legitimate tenure rights. They should provide effective and accessible means to everyone, through judicial authorities or other approaches, to
resolve disputes over tenure rights; and to provide affordable and prompt enforcement of outcomes. States should provide prompt, just compensation where tenure rights are taken for public purposes.
|
Right to remedy |
UDHR
Universal Declaration of human rights |
8
Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.
|
General matters
3. Guiding principles of responsible tenure governance |
3.2
Non-state actors including business enterprises have a responsibility to respect human rights and legitimate tenure rights. Business enterprises should act with due diligence to avoid infringing on the human rights and
legitimate tenure rights of others. They should include appropriate risk management systems to prevent and address adverse impacts on human rights and legitimate tenure rights. Business enterprises should provide for
and cooperate in non-judicial mechanisms to provide remedy, including effective operational-level grievance mechanisms, where appropriate, where they have caused or contributed to adverse impacts on human rights and legitimate tenure rights. Business enterprises should identify and assess any actual or potential impacts on human rights and legitimate tenure rights in which they may be involved. States, in accordance with their international obligations, should provide access to effective judicial remedies for negative impacts on human rights and legitimate tenure rights by business enterprises. Where transnational corporations are involved, their home States have roles to play in assisting both those corporations and host States to ensure that businesses are not involved in abuse of human rights and legitimate tenure rights. States should take additional steps to protect against abuses of human rights and legitimate tenure rights by business enterprises that are owned or controlled by the State, or that receive substantial support and service from State agencies.
|
Right to remedy |
UDHR
Universal Declaration of human rights |
8
Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by 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 remedy |
UDHR
Universal Declaration of human rights |
8
Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.
|
General matters
4. Rights and responsibilities related to tenure |
4.8
Given that all human rights are universal, indivisible, interdependent and interrelated, the governance of tenure of land, fisheries and forests should
not only take into account rights that are directly linked to access and use of land, fisheries and forests, but also all civil, political, economic, social and cultural rights. In doing so, States should respect and protect the civil and political rights of defenders of human rights, including the human rights of peasants, indigenous peoples, fishers, pastoralists and rural workers, and should observe their human rights obligations when dealing with individuals and associations acting in defence of land, fisheries and forests.
|
Right to remedy |
UDHR
Universal Declaration of human rights |
8
Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.
|
General matters
4. Rights and responsibilities related to tenure |
4.9
States should provide access through impartial and competent judicial and administrative bodies to timely, affordable and effective means of resolving disputes over tenure rights, including alternative means of
resolving such disputes, and should provide effective remedies, which may include a right of appeal, as appropriate. Such remedies should be
promptly enforced and may include restitution, indemnity, compensation and reparation. States should strive to ensure that vulnerable and marginalized persons have access to such means, in line with paragraphs 6.6 and 21.6. States should ensure that any person whose human rights are violated in the context of tenure has access to such means of dispute
resolution and remedies
|
Right to remedy |
UDHR
Universal Declaration of human rights |
8
Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.
|
General matters
5. Policy, legal and organizational frameworks related to tenure |
5.1
States should provide and maintain policy, legal and organizational frameworks that promote responsible governance of tenure of land, fisheries and forests. These frameworks are dependent on, and are
supported by broader reforms to the legal system, public service and judicial authorities
|
Right to remedy |
UDHR
Universal Declaration of human rights |
8
Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by 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 remedy |
UDHR
Universal Declaration of human rights |
8
Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.
|
General matters
5. Policy, legal and organizational frameworks related to tenure |
5.6
States should place responsibilities at levels of government that can most effectively deliver services to the people. States should clearly define the
roles and responsibilities of agencies dealing with tenure of land, fisheries and forests. States should ensure coordination between implementing agencies, as well as with local governments, and indigenous peoples and other communities with customary tenure systems
|
Right to remedy |
UDHR
Universal Declaration of human rights |
8
Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.
|
General matters
5. Policy, legal and organizational frameworks related to tenure |
5.8
States and other parties should regularly review and monitor policy, legal and organizational frameworks to maintain their effectiveness. Implementing agencies and judicial authorities should engage with civil society, user representatives and the broader public to improve services and endeavour to prevent corruption through transparent processes and decision-making. Information about changes and their anticipated impacts should be clearly stated and widely publicized in applicable languages.
|
Right to remedy |
UDHR
Universal Declaration of human rights |
8
Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by 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 remedy |
UDHR
Universal Declaration of human rights |
8
Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.
|
General matters
6. Delivery of services |
6.3
States should provide prompt, accessible and non-discriminatory services to protect tenure rights, to promote and facilitate the enjoyment of those
rights, and to resolve disputes. States should eliminate unnecessary legal and procedural requirements and strive to overcome barriers related to
tenure rights. States should review services of implementing agencies and
judicial authorities, and introduce improvements where required.
|
Right to remedy |
UDHR
Universal Declaration of human rights |
8
Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.
|
General matters
6. Delivery of services |
6.3
States should provide prompt, accessible and non-discriminatory services to protect tenure rights, to promote and facilitate the enjoyment of those
rights, and to resolve disputes. States should eliminate unnecessary legal and procedural requirements and strive to overcome barriers related to
tenure rights. States should review services of implementing agencies and
judicial authorities, and introduce improvements where required.
|
Right to remedy |
UDHR
Universal Declaration of human rights |
8
Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.
|
General matters
6. Delivery of services |
6.4
States should ensure that implementing agencies and judicial authorities
serve the entire population, delivering services to all, including those in
remote locations. Services should be provided promptly and efficiently
using locally suitable technology to increase efficiency and accessibility.
Internal guidelines should be established so that staff can implement
policies and laws in a reliable and consistent manner. Procedures should
be simplified without threatening tenure security or quality of justice.
Explanatory materials should be widely publicized in ap
|
Right to remedy |
UDHR
Universal Declaration of human rights |
8
Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.
|
General matters
6. Delivery of services |
6.4
States should ensure that implementing agencies and judicial authorities
serve the entire population, delivering services to all, including those in
remote locations. Services should be provided promptly and efficiently
using locally suitable technology to increase efficiency and accessibility.
Internal guidelines should be established so that staff can implement
policies and laws in a reliable and consistent manner. Procedures should
be simplified without threatening tenure security or quality of justice.
Explanatory materials should be widely publicized in ap
|
Right to remedy |
UDHR
Universal Declaration of human rights |
8
Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.
|
General matters
6. Delivery of services |
6.4
States should ensure that implementing agencies and judicial authorities
serve the entire population, delivering services to all, including those in
remote locations. Services should be provided promptly and efficiently
using locally suitable technology to increase efficiency and accessibility.
Internal guidelines should be established so that staff can implement
policies and laws in a reliable and consistent manner. Procedures should
be simplified without threatening tenure security or quality of justice.
Explanatory materials should be widely publicized in ap
|
Right to remedy |
UDHR
Universal Declaration of human rights |
8
Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.
|
General matters
6. Delivery of services |
6.6
States and other parties should consider additional measures to support
vulnerable or marginalized groups who could not otherwise access
administrative and judicial services. These measures should include legal
support, such as affordable legal aid, and may also include the provision
of services of paralegals or parasurveyors, and mobile services for remote
communities and mobile indigenous peoples
|
Right to remedy |
UDHR
Universal Declaration of human rights |
8
Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.
|
General matters
6. Delivery of services |
6.7
States should encourage implementing agencies and judicial authorities to foster a culture based on service and ethical behaviour. Agencies and
judicial authorities should seek regular feedback, such as through surveys and focus groups, to raise standards and improve delivery of services,
to meet expectations, and to satisfy new needs. They should publish performance standards and report regularly on results. Users should have
means of addressing complaints either within the implementing agency, such as by administrative review, or externally, such as by an independent
review or through an ombudsman
|
Right to remedy |
UDHR
Universal Declaration of human rights |
8
Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.
|
General matters
6. Delivery of services |
6.7
States should encourage implementing agencies and judicial authorities to foster a culture based on service and ethical behaviour. Agencies and
judicial authorities should seek regular feedback, such as through surveys and focus groups, to raise standards and improve delivery of services,
to meet expectations, and to satisfy new needs. They should publish performance standards and report regularly on results. Users should have
means of addressing complaints either within the implementing agency, such as by administrative review, or externally, such as by an independent
review or through an ombudsman
|
Right to remedy |
UDHR
Universal Declaration of human rights |
8
Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.
|
General matters
6. Delivery of services |
6.8
Relevant professional associations for services related to tenure should develop, publicize and monitor the implementation of high levels of
ethical behaviour. Public and private sector parties should adhere to
applicable ethical standards, and be subject to disciplinary action in case
of violations. Where such associations do not exist, States should ensure
an environment conducive to their establishment.
|
Right to remedy |
UDHR
Universal Declaration of human rights |
8
Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.
|
General matters
6. Delivery of services |
6.9
States and non-state actors should endeavour to prevent corruption with
regard to tenure rights. States should do so particularly through consultation
and participation, rule of law, transparency and accountability. States
should adopt and enforce anti-corruption measures including applying
checks and balances, limiting the arbitrary use of power, addressing
conflicts of interest and adopting clear rules and regulations. States
should provide for the administrative and/or judicial review of decisions
of implementing agencies. Staff working on the administration of tenure
should be held accountable for their actions. They should be provided with
the means of conducting their duties effectively. They should be protected
against interference in their duties and from retaliation for reporting acts
of corruption
|
Right to remedy |
UDHR
Universal Declaration of human rights |
8
Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by 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 remedy |
UDHR
Universal Declaration of human rights |
8
Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.
|
Legal recognition and allocation of tenure rights and duties
7. Safeguards |
7.3
Where States intend to recognize or allocate tenure rights, they should first identify all existing tenure rights and right holders, whether recorded or not. Indigenous peoples and other communities with customary tenure systems, smallholders and anyone else who could be affected should be included in the consultation process, consistent with paragraphs 3B.6 and 9.9. States should provide access to justice, consistent with paragraph 4.9 if people believe their tenure rights are not recognized.
|
Right to remedy |
UDHR
Universal Declaration of human rights |
8
Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by 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 remedy |
UDHR
Universal Declaration of human rights |
8
Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by 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 remedy |
UDHR
Universal Declaration of human rights |
8
Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.10
To the extent that resources permit, States should ensure that competent
bodies responsible for land, fisheries and forests have the human, physical, financial and other forms of capacity. Where responsibilities for tenure governance are delegated, the recipients should receive training
and other support so they can perform those responsibilities.
|
Right to remedy |
UDHR
Universal Declaration of human rights |
8
Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by 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 remedy |
UDHR
Universal Declaration of human rights |
8
Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.
|
Legal recognition and allocation of tenure rights and duties
9. Indigenous peoples and other communities with customary tenure systems |
9.5
Where indigenous peoples and other communities with customary tenure systems have legitimate tenure rights to the ancestral lands on which they live, States should recognize and protect these rights. Indigenous peoples and other communities with customary tenure systems should not be forcibly evicted from such ancestral lands.
|
Right to remedy |
UDHR
Universal Declaration of human rights |
8
Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by 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 remedy |
UDHR
Universal Declaration of human rights |
8
Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.
|
Legal recognition and allocation of tenure rights and duties
10. Informal tenure |
10.5
States should endeavour to prevent corruption, particularly through increasing transparency, holding decision-makers accountable, and ensuring that impartial decisions are delivered promptly
|
Right to remedy |
UDHR
Universal Declaration of human rights |
8
Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by 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 remedy |
UDHR
Universal Declaration of human rights |
8
Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by 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 remedy |
UDHR
Universal Declaration of human rights |
8
Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by 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 remedy |
UDHR
Universal Declaration of human rights |
8
Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by 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 remedy |
UDHR
Universal Declaration of human rights |
8
Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.
|
Transfers and other changes to tenure rights and duties
12. Investments |
12.14
States and affected parties should contribute to the effective monitoring of the implementation and impacts of agreements involving large-scale transactions in tenure rights, including acquisitions and partnership agreements. States should take corrective action where necessary to
enforce agreements and protect tenure and other rights and provide mechanisms whereby aggrieved parties can request such action.
|
Right to remedy |
ICCPR
International Covenant on Civil and Political Rights |
2.3
Each State Party to the present Covenant undertakes:
(a) To ensure that any person whose rights or freedoms as herein recognized are violated shall have an effective remedy, notwithstanding that the violation has been committed by persons acting in an official capacity;
(b) To ensure that any person claiming such a remedy shall have his right thereto determined by competent judicial, administrative or legislative authorities, or by any other competent authority provided for by the legal system of the State, and to develop the possibilities of judicial remedy;
(c) To ensure that the competent authorities shall enforce such remedies when granted.
|
General matters
3. Guiding principles of responsible tenure governance |
3.1.4
States should: Provide access to justice to deal with infringements of legitimate tenure rights. They should provide effective and accessible means to everyone, through judicial authorities or other approaches, to
resolve disputes over tenure rights; and to provide affordable and prompt enforcement of outcomes. States should provide prompt, just compensation where tenure rights are taken for public purposes.
|
Right to remedy |
ICCPR
International Covenant on Civil and Political Rights |
2.3
Each State Party to the present Covenant undertakes:
(a) To ensure that any person whose rights or freedoms as herein recognized are violated shall have an effective remedy, notwithstanding that the violation has been committed by persons acting in an official capacity;
(b) To ensure that any person claiming such a remedy shall have his right thereto determined by competent judicial, administrative or legislative authorities, or by any other competent authority provided for by the legal system of the State, and to develop the possibilities of judicial remedy;
(c) To ensure that the competent authorities shall enforce such remedies when granted.
|
General matters
3. Guiding principles of responsible tenure governance |
3.2
Non-state actors including business enterprises have a responsibility to respect human rights and legitimate tenure rights. Business enterprises should act with due diligence to avoid infringing on the human rights and
legitimate tenure rights of others. They should include appropriate risk management systems to prevent and address adverse impacts on human rights and legitimate tenure rights. Business enterprises should provide for
and cooperate in non-judicial mechanisms to provide remedy, including effective operational-level grievance mechanisms, where appropriate, where they have caused or contributed to adverse impacts on human rights and legitimate tenure rights. Business enterprises should identify and assess any actual or potential impacts on human rights and legitimate tenure rights in which they may be involved. States, in accordance with their international obligations, should provide access to effective judicial remedies for negative impacts on human rights and legitimate tenure rights by business enterprises. Where transnational corporations are involved, their home States have roles to play in assisting both those corporations and host States to ensure that businesses are not involved in abuse of human rights and legitimate tenure rights. States should take additional steps to protect against abuses of human rights and legitimate tenure rights by business enterprises that are owned or controlled by the State, or that receive substantial support and service from State agencies.
|
Right to remedy |
ICCPR
International Covenant on Civil and Political Rights |
2.3
Each State Party to the present Covenant undertakes:
(a) To ensure that any person whose rights or freedoms as herein recognized are violated shall have an effective remedy, notwithstanding that the violation has been committed by persons acting in an official capacity;
(b) To ensure that any person claiming such a remedy shall have his right thereto determined by competent judicial, administrative or legislative authorities, or by any other competent authority provided for by the legal system of the State, and to develop the possibilities of judicial remedy;
(c) To ensure that the competent authorities shall enforce such remedies when granted.
|
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 remedy |
ICCPR
International Covenant on Civil and Political Rights |
2.3
Each State Party to the present Covenant undertakes:
(a) To ensure that any person whose rights or freedoms as herein recognized are violated shall have an effective remedy, notwithstanding that the violation has been committed by persons acting in an official capacity;
(b) To ensure that any person claiming such a remedy shall have his right thereto determined by competent judicial, administrative or legislative authorities, or by any other competent authority provided for by the legal system of the State, and to develop the possibilities of judicial remedy;
(c) To ensure that the competent authorities shall enforce such remedies when granted.
|
General matters
4. Rights and responsibilities related to tenure |
4.8
Given that all human rights are universal, indivisible, interdependent and interrelated, the governance of tenure of land, fisheries and forests should
not only take into account rights that are directly linked to access and use of land, fisheries and forests, but also all civil, political, economic, social and cultural rights. In doing so, States should respect and protect the civil and political rights of defenders of human rights, including the human rights of peasants, indigenous peoples, fishers, pastoralists and rural workers, and should observe their human rights obligations when dealing with individuals and associations acting in defence of land, fisheries and forests.
|
Right to remedy |
ICCPR
International Covenant on Civil and Political Rights |
2.3
Each State Party to the present Covenant undertakes:
(a) To ensure that any person whose rights or freedoms as herein recognized are violated shall have an effective remedy, notwithstanding that the violation has been committed by persons acting in an official capacity;
(b) To ensure that any person claiming such a remedy shall have his right thereto determined by competent judicial, administrative or legislative authorities, or by any other competent authority provided for by the legal system of the State, and to develop the possibilities of judicial remedy;
(c) To ensure that the competent authorities shall enforce such remedies when granted.
|
General matters
4. Rights and responsibilities related to tenure |
4.9
States should provide access through impartial and competent judicial and administrative bodies to timely, affordable and effective means of resolving disputes over tenure rights, including alternative means of
resolving such disputes, and should provide effective remedies, which may include a right of appeal, as appropriate. Such remedies should be
promptly enforced and may include restitution, indemnity, compensation and reparation. States should strive to ensure that vulnerable and marginalized persons have access to such means, in line with paragraphs 6.6 and 21.6. States should ensure that any person whose human rights are violated in the context of tenure has access to such means of dispute
resolution and remedies
|
Right to remedy |
ICCPR
International Covenant on Civil and Political Rights |
2.3
Each State Party to the present Covenant undertakes:
(a) To ensure that any person whose rights or freedoms as herein recognized are violated shall have an effective remedy, notwithstanding that the violation has been committed by persons acting in an official capacity;
(b) To ensure that any person claiming such a remedy shall have his right thereto determined by competent judicial, administrative or legislative authorities, or by any other competent authority provided for by the legal system of the State, and to develop the possibilities of judicial remedy;
(c) To ensure that the competent authorities shall enforce such remedies when granted.
|
General matters
5. Policy, legal and organizational frameworks related to tenure |
5.1
States should provide and maintain policy, legal and organizational frameworks that promote responsible governance of tenure of land, fisheries and forests. These frameworks are dependent on, and are
supported by broader reforms to the legal system, public service and judicial authorities
|
Right to remedy |
ICCPR
International Covenant on Civil and Political Rights |
2.3
Each State Party to the present Covenant undertakes:
(a) To ensure that any person whose rights or freedoms as herein recognized are violated shall have an effective remedy, notwithstanding that the violation has been committed by persons acting in an official capacity;
(b) To ensure that any person claiming such a remedy shall have his right thereto determined by competent judicial, administrative or legislative authorities, or by any other competent authority provided for by the legal system of the State, and to develop the possibilities of judicial remedy;
(c) To ensure that the competent authorities shall enforce such remedies when granted.
|
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 remedy |
ICCPR
International Covenant on Civil and Political Rights |
2.3
Each State Party to the present Covenant undertakes:
(a) To ensure that any person whose rights or freedoms as herein recognized are violated shall have an effective remedy, notwithstanding that the violation has been committed by persons acting in an official capacity;
(b) To ensure that any person claiming such a remedy shall have his right thereto determined by competent judicial, administrative or legislative authorities, or by any other competent authority provided for by the legal system of the State, and to develop the possibilities of judicial remedy;
(c) To ensure that the competent authorities shall enforce such remedies when granted.
|
General matters
5. Policy, legal and organizational frameworks related to tenure |
5.6
States should place responsibilities at levels of government that can most effectively deliver services to the people. States should clearly define the
roles and responsibilities of agencies dealing with tenure of land, fisheries and forests. States should ensure coordination between implementing agencies, as well as with local governments, and indigenous peoples and other communities with customary tenure systems
|
Right to remedy |
ICCPR
International Covenant on Civil and Political Rights |
2.3
Each State Party to the present Covenant undertakes:
(a) To ensure that any person whose rights or freedoms as herein recognized are violated shall have an effective remedy, notwithstanding that the violation has been committed by persons acting in an official capacity;
(b) To ensure that any person claiming such a remedy shall have his right thereto determined by competent judicial, administrative or legislative authorities, or by any other competent authority provided for by the legal system of the State, and to develop the possibilities of judicial remedy;
(c) To ensure that the competent authorities shall enforce such remedies when granted.
|
General matters
5. Policy, legal and organizational frameworks related to tenure |
5.8
States and other parties should regularly review and monitor policy, legal and organizational frameworks to maintain their effectiveness. Implementing agencies and judicial authorities should engage with civil society, user representatives and the broader public to improve services and endeavour to prevent corruption through transparent processes and decision-making. Information about changes and their anticipated impacts should be clearly stated and widely publicized in applicable languages.
|
Right to remedy |
ICCPR
International Covenant on Civil and Political Rights |
2.3
Each State Party to the present Covenant undertakes:
(a) To ensure that any person whose rights or freedoms as herein recognized are violated shall have an effective remedy, notwithstanding that the violation has been committed by persons acting in an official capacity;
(b) To ensure that any person claiming such a remedy shall have his right thereto determined by competent judicial, administrative or legislative authorities, or by any other competent authority provided for by the legal system of the State, and to develop the possibilities of judicial remedy;
(c) To ensure that the competent authorities shall enforce such remedies when granted.
|
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 remedy |
ICCPR
International Covenant on Civil and Political Rights |
2.3
Each State Party to the present Covenant undertakes:
(a) To ensure that any person whose rights or freedoms as herein recognized are violated shall have an effective remedy, notwithstanding that the violation has been committed by persons acting in an official capacity;
(b) To ensure that any person claiming such a remedy shall have his right thereto determined by competent judicial, administrative or legislative authorities, or by any other competent authority provided for by the legal system of the State, and to develop the possibilities of judicial remedy;
(c) To ensure that the competent authorities shall enforce such remedies when granted.
|
General matters
6. Delivery of services |
6.3
States should provide prompt, accessible and non-discriminatory services to protect tenure rights, to promote and facilitate the enjoyment of those
rights, and to resolve disputes. States should eliminate unnecessary legal and procedural requirements and strive to overcome barriers related to
tenure rights. States should review services of implementing agencies and
judicial authorities, and introduce improvements where required.
|
Right to remedy |
ICCPR
International Covenant on Civil and Political Rights |
2.3
Each State Party to the present Covenant undertakes:
(a) To ensure that any person whose rights or freedoms as herein recognized are violated shall have an effective remedy, notwithstanding that the violation has been committed by persons acting in an official capacity;
(b) To ensure that any person claiming such a remedy shall have his right thereto determined by competent judicial, administrative or legislative authorities, or by any other competent authority provided for by the legal system of the State, and to develop the possibilities of judicial remedy;
(c) To ensure that the competent authorities shall enforce such remedies when granted.
|
General matters
6. Delivery of services |
6.3
States should provide prompt, accessible and non-discriminatory services to protect tenure rights, to promote and facilitate the enjoyment of those
rights, and to resolve disputes. States should eliminate unnecessary legal and procedural requirements and strive to overcome barriers related to
tenure rights. States should review services of implementing agencies and
judicial authorities, and introduce improvements where required.
|
Right to remedy |
ICCPR
International Covenant on Civil and Political Rights |
2.3
Each State Party to the present Covenant undertakes:
(a) To ensure that any person whose rights or freedoms as herein recognized are violated shall have an effective remedy, notwithstanding that the violation has been committed by persons acting in an official capacity;
(b) To ensure that any person claiming such a remedy shall have his right thereto determined by competent judicial, administrative or legislative authorities, or by any other competent authority provided for by the legal system of the State, and to develop the possibilities of judicial remedy;
(c) To ensure that the competent authorities shall enforce such remedies when granted.
|
General matters
6. Delivery of services |
6.4
States should ensure that implementing agencies and judicial authorities
serve the entire population, delivering services to all, including those in
remote locations. Services should be provided promptly and efficiently
using locally suitable technology to increase efficiency and accessibility.
Internal guidelines should be established so that staff can implement
policies and laws in a reliable and consistent manner. Procedures should
be simplified without threatening tenure security or quality of justice.
Explanatory materials should be widely publicized in ap
|
Right to remedy |
ICCPR
International Covenant on Civil and Political Rights |
2.3
Each State Party to the present Covenant undertakes:
(a) To ensure that any person whose rights or freedoms as herein recognized are violated shall have an effective remedy, notwithstanding that the violation has been committed by persons acting in an official capacity;
(b) To ensure that any person claiming such a remedy shall have his right thereto determined by competent judicial, administrative or legislative authorities, or by any other competent authority provided for by the legal system of the State, and to develop the possibilities of judicial remedy;
(c) To ensure that the competent authorities shall enforce such remedies when granted.
|
General matters
6. Delivery of services |
6.4
States should ensure that implementing agencies and judicial authorities
serve the entire population, delivering services to all, including those in
remote locations. Services should be provided promptly and efficiently
using locally suitable technology to increase efficiency and accessibility.
Internal guidelines should be established so that staff can implement
policies and laws in a reliable and consistent manner. Procedures should
be simplified without threatening tenure security or quality of justice.
Explanatory materials should be widely publicized in ap
|
Right to remedy |
ICCPR
International Covenant on Civil and Political Rights |
2.3
Each State Party to the present Covenant undertakes:
(a) To ensure that any person whose rights or freedoms as herein recognized are violated shall have an effective remedy, notwithstanding that the violation has been committed by persons acting in an official capacity;
(b) To ensure that any person claiming such a remedy shall have his right thereto determined by competent judicial, administrative or legislative authorities, or by any other competent authority provided for by the legal system of the State, and to develop the possibilities of judicial remedy;
(c) To ensure that the competent authorities shall enforce such remedies when granted.
|
General matters
6. Delivery of services |
6.4
States should ensure that implementing agencies and judicial authorities
serve the entire population, delivering services to all, including those in
remote locations. Services should be provided promptly and efficiently
using locally suitable technology to increase efficiency and accessibility.
Internal guidelines should be established so that staff can implement
policies and laws in a reliable and consistent manner. Procedures should
be simplified without threatening tenure security or quality of justice.
Explanatory materials should be widely publicized in ap
|
Right to remedy |
ICCPR
International Covenant on Civil and Political Rights |
2.3
Each State Party to the present Covenant undertakes:
(a) To ensure that any person whose rights or freedoms as herein recognized are violated shall have an effective remedy, notwithstanding that the violation has been committed by persons acting in an official capacity;
(b) To ensure that any person claiming such a remedy shall have his right thereto determined by competent judicial, administrative or legislative authorities, or by any other competent authority provided for by the legal system of the State, and to develop the possibilities of judicial remedy;
(c) To ensure that the competent authorities shall enforce such remedies when granted.
|
General matters
6. Delivery of services |
6.6
States and other parties should consider additional measures to support
vulnerable or marginalized groups who could not otherwise access
administrative and judicial services. These measures should include legal
support, such as affordable legal aid, and may also include the provision
of services of paralegals or parasurveyors, and mobile services for remote
communities and mobile indigenous peoples
|
Right to remedy |
ICCPR
International Covenant on Civil and Political Rights |
2.3
Each State Party to the present Covenant undertakes:
(a) To ensure that any person whose rights or freedoms as herein recognized are violated shall have an effective remedy, notwithstanding that the violation has been committed by persons acting in an official capacity;
(b) To ensure that any person claiming such a remedy shall have his right thereto determined by competent judicial, administrative or legislative authorities, or by any other competent authority provided for by the legal system of the State, and to develop the possibilities of judicial remedy;
(c) To ensure that the competent authorities shall enforce such remedies when granted.
|
General matters
6. Delivery of services |
6.7
States should encourage implementing agencies and judicial authorities to foster a culture based on service and ethical behaviour. Agencies and
judicial authorities should seek regular feedback, such as through surveys and focus groups, to raise standards and improve delivery of services,
to meet expectations, and to satisfy new needs. They should publish performance standards and report regularly on results. Users should have
means of addressing complaints either within the implementing agency, such as by administrative review, or externally, such as by an independent
review or through an ombudsman
|
Right to remedy |
ICCPR
International Covenant on Civil and Political Rights |
2.3
Each State Party to the present Covenant undertakes:
(a) To ensure that any person whose rights or freedoms as herein recognized are violated shall have an effective remedy, notwithstanding that the violation has been committed by persons acting in an official capacity;
(b) To ensure that any person claiming such a remedy shall have his right thereto determined by competent judicial, administrative or legislative authorities, or by any other competent authority provided for by the legal system of the State, and to develop the possibilities of judicial remedy;
(c) To ensure that the competent authorities shall enforce such remedies when granted.
|
General matters
6. Delivery of services |
6.7
States should encourage implementing agencies and judicial authorities to foster a culture based on service and ethical behaviour. Agencies and
judicial authorities should seek regular feedback, such as through surveys and focus groups, to raise standards and improve delivery of services,
to meet expectations, and to satisfy new needs. They should publish performance standards and report regularly on results. Users should have
means of addressing complaints either within the implementing agency, such as by administrative review, or externally, such as by an independent
review or through an ombudsman
|
Right to remedy |
ICCPR
International Covenant on Civil and Political Rights |
2.3
Each State Party to the present Covenant undertakes:
(a) To ensure that any person whose rights or freedoms as herein recognized are violated shall have an effective remedy, notwithstanding that the violation has been committed by persons acting in an official capacity;
(b) To ensure that any person claiming such a remedy shall have his right thereto determined by competent judicial, administrative or legislative authorities, or by any other competent authority provided for by the legal system of the State, and to develop the possibilities of judicial remedy;
(c) To ensure that the competent authorities shall enforce such remedies when granted.
|
General matters
6. Delivery of services |
6.8
Relevant professional associations for services related to tenure should develop, publicize and monitor the implementation of high levels of
ethical behaviour. Public and private sector parties should adhere to
applicable ethical standards, and be subject to disciplinary action in case
of violations. Where such associations do not exist, States should ensure
an environment conducive to their establishment.
|
Right to remedy |
ICCPR
International Covenant on Civil and Political Rights |
2.3
Each State Party to the present Covenant undertakes:
(a) To ensure that any person whose rights or freedoms as herein recognized are violated shall have an effective remedy, notwithstanding that the violation has been committed by persons acting in an official capacity;
(b) To ensure that any person claiming such a remedy shall have his right thereto determined by competent judicial, administrative or legislative authorities, or by any other competent authority provided for by the legal system of the State, and to develop the possibilities of judicial remedy;
(c) To ensure that the competent authorities shall enforce such remedies when granted.
|
General matters
6. Delivery of services |
6.9
States and non-state actors should endeavour to prevent corruption with
regard to tenure rights. States should do so particularly through consultation
and participation, rule of law, transparency and accountability. States
should adopt and enforce anti-corruption measures including applying
checks and balances, limiting the arbitrary use of power, addressing
conflicts of interest and adopting clear rules and regulations. States
should provide for the administrative and/or judicial review of decisions
of implementing agencies. Staff working on the administration of tenure
should be held accountable for their actions. They should be provided with
the means of conducting their duties effectively. They should be protected
against interference in their duties and from retaliation for reporting acts
of corruption
|
Right to remedy |
ICCPR
International Covenant on Civil and Political Rights |
2.3
Each State Party to the present Covenant undertakes:
(a) To ensure that any person whose rights or freedoms as herein recognized are violated shall have an effective remedy, notwithstanding that the violation has been committed by persons acting in an official capacity;
(b) To ensure that any person claiming such a remedy shall have his right thereto determined by competent judicial, administrative or legislative authorities, or by any other competent authority provided for by the legal system of the State, and to develop the possibilities of judicial remedy;
(c) To ensure that the competent authorities shall enforce such remedies when granted.
|
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 remedy |
ICCPR
International Covenant on Civil and Political Rights |
2.3
Each State Party to the present Covenant undertakes:
(a) To ensure that any person whose rights or freedoms as herein recognized are violated shall have an effective remedy, notwithstanding that the violation has been committed by persons acting in an official capacity;
(b) To ensure that any person claiming such a remedy shall have his right thereto determined by competent judicial, administrative or legislative authorities, or by any other competent authority provided for by the legal system of the State, and to develop the possibilities of judicial remedy;
(c) To ensure that the competent authorities shall enforce such remedies when granted.
|
Legal recognition and allocation of tenure rights and duties
7. Safeguards |
7.3
Where States intend to recognize or allocate tenure rights, they should first identify all existing tenure rights and right holders, whether recorded or not. Indigenous peoples and other communities with customary tenure systems, smallholders and anyone else who could be affected should be included in the consultation process, consistent with paragraphs 3B.6 and 9.9. States should provide access to justice, consistent with paragraph 4.9 if people believe their tenure rights are not recognized.
|
Right to remedy |
ICCPR
International Covenant on Civil and Political Rights |
2.3
Each State Party to the present Covenant undertakes:
(a) To ensure that any person whose rights or freedoms as herein recognized are violated shall have an effective remedy, notwithstanding that the violation has been committed by persons acting in an official capacity;
(b) To ensure that any person claiming such a remedy shall have his right thereto determined by competent judicial, administrative or legislative authorities, or by any other competent authority provided for by the legal system of the State, and to develop the possibilities of judicial remedy;
(c) To ensure that the competent authorities shall enforce such remedies when granted.
|
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 remedy |
ICCPR
International Covenant on Civil and Political Rights |
2.3
Each State Party to the present Covenant undertakes:
(a) To ensure that any person whose rights or freedoms as herein recognized are violated shall have an effective remedy, notwithstanding that the violation has been committed by persons acting in an official capacity;
(b) To ensure that any person claiming such a remedy shall have his right thereto determined by competent judicial, administrative or legislative authorities, or by any other competent authority provided for by the legal system of the State, and to develop the possibilities of judicial remedy;
(c) To ensure that the competent authorities shall enforce such remedies when granted.
|
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 remedy |
ICCPR
International Covenant on Civil and Political Rights |
2.3
Each State Party to the present Covenant undertakes:
(a) To ensure that any person whose rights or freedoms as herein recognized are violated shall have an effective remedy, notwithstanding that the violation has been committed by persons acting in an official capacity;
(b) To ensure that any person claiming such a remedy shall have his right thereto determined by competent judicial, administrative or legislative authorities, or by any other competent authority provided for by the legal system of the State, and to develop the possibilities of judicial remedy;
(c) To ensure that the competent authorities shall enforce such remedies when granted.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.10
To the extent that resources permit, States should ensure that competent
bodies responsible for land, fisheries and forests have the human, physical, financial and other forms of capacity. Where responsibilities for tenure governance are delegated, the recipients should receive training
and other support so they can perform those responsibilities.
|
Right to remedy |
ICCPR
International Covenant on Civil and Political Rights |
2.3
Each State Party to the present Covenant undertakes:
(a) To ensure that any person whose rights or freedoms as herein recognized are violated shall have an effective remedy, notwithstanding that the violation has been committed by persons acting in an official capacity;
(b) To ensure that any person claiming such a remedy shall have his right thereto determined by competent judicial, administrative or legislative authorities, or by any other competent authority provided for by the legal system of the State, and to develop the possibilities of judicial remedy;
(c) To ensure that the competent authorities shall enforce such remedies when granted.
|
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 remedy |
ICCPR
International Covenant on Civil and Political Rights |
2.3
Each State Party to the present Covenant undertakes:
(a) To ensure that any person whose rights or freedoms as herein recognized are violated shall have an effective remedy, notwithstanding that the violation has been committed by persons acting in an official capacity;
(b) To ensure that any person claiming such a remedy shall have his right thereto determined by competent judicial, administrative or legislative authorities, or by any other competent authority provided for by the legal system of the State, and to develop the possibilities of judicial remedy;
(c) To ensure that the competent authorities shall enforce such remedies when granted.
|
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 remedy |
ICCPR
International Covenant on Civil and Political Rights |
2.3
Each State Party to the present Covenant undertakes:
(a) To ensure that any person whose rights or freedoms as herein recognized are violated shall have an effective remedy, notwithstanding that the violation has been committed by persons acting in an official capacity;
(b) To ensure that any person claiming such a remedy shall have his right thereto determined by competent judicial, administrative or legislative authorities, or by any other competent authority provided for by the legal system of the State, and to develop the possibilities of judicial remedy;
(c) To ensure that the competent authorities shall enforce such remedies when granted.
|
Legal recognition and allocation of tenure rights and duties
10. Informal tenure |
10.5
States should endeavour to prevent corruption, particularly through increasing transparency, holding decision-makers accountable, and ensuring that impartial decisions are delivered promptly
|
Right to remedy |
ICCPR
International Covenant on Civil and Political Rights |
2.3
Each State Party to the present Covenant undertakes:
(a) To ensure that any person whose rights or freedoms as herein recognized are violated shall have an effective remedy, notwithstanding that the violation has been committed by persons acting in an official capacity;
(b) To ensure that any person claiming such a remedy shall have his right thereto determined by competent judicial, administrative or legislative authorities, or by any other competent authority provided for by the legal system of the State, and to develop the possibilities of judicial remedy;
(c) To ensure that the competent authorities shall enforce such remedies when granted.
|
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 remedy |
ICCPR
International Covenant on Civil and Political Rights |
2.3
Each State Party to the present Covenant undertakes:
(a) To ensure that any person whose rights or freedoms as herein recognized are violated shall have an effective remedy, notwithstanding that the violation has been committed by persons acting in an official capacity;
(b) To ensure that any person claiming such a remedy shall have his right thereto determined by competent judicial, administrative or legislative authorities, or by any other competent authority provided for by the legal system of the State, and to develop the possibilities of judicial remedy;
(c) To ensure that the competent authorities shall enforce such remedies when granted.
|
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 remedy |
ICCPR
International Covenant on Civil and Political Rights |
2.3
Each State Party to the present Covenant undertakes:
(a) To ensure that any person whose rights or freedoms as herein recognized are violated shall have an effective remedy, notwithstanding that the violation has been committed by persons acting in an official capacity;
(b) To ensure that any person claiming such a remedy shall have his right thereto determined by competent judicial, administrative or legislative authorities, or by any other competent authority provided for by the legal system of the State, and to develop the possibilities of judicial remedy;
(c) To ensure that the competent authorities shall enforce such remedies when granted.
|
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 remedy |
ICCPR
International Covenant on Civil and Political Rights |
2.3
Each State Party to the present Covenant undertakes:
(a) To ensure that any person whose rights or freedoms as herein recognized are violated shall have an effective remedy, notwithstanding that the violation has been committed by persons acting in an official capacity;
(b) To ensure that any person claiming such a remedy shall have his right thereto determined by competent judicial, administrative or legislative authorities, or by any other competent authority provided for by the legal system of the State, and to develop the possibilities of judicial remedy;
(c) To ensure that the competent authorities shall enforce such remedies when granted.
|
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 remedy |
ICCPR
International Covenant on Civil and Political Rights |
2.3
Each State Party to the present Covenant undertakes:
(a) To ensure that any person whose rights or freedoms as herein recognized are violated shall have an effective remedy, notwithstanding that the violation has been committed by persons acting in an official capacity;
(b) To ensure that any person claiming such a remedy shall have his right thereto determined by competent judicial, administrative or legislative authorities, or by any other competent authority provided for by the legal system of the State, and to develop the possibilities of judicial remedy;
(c) To ensure that the competent authorities shall enforce such remedies when granted.
|
Transfers and other changes to tenure rights and duties
12. Investments |
12.14
States and affected parties should contribute to the effective monitoring of the implementation and impacts of agreements involving large-scale transactions in tenure rights, including acquisitions and partnership agreements. States should take corrective action where necessary to
enforce agreements and protect tenure and other rights and provide mechanisms whereby aggrieved parties can request such action.
|
Right to remedy |
ICERD
International Convention on the Elimination of All Forms of Racial Discrimination |
6
States Parties shall assure to everyone within their jurisdiction effective protection and remedies, through the competent national tribunals and other State institutions, against any acts of racial discrimination which violate his human rights and fundamental freedoms contrary to this Convention, as well as the right to seek from such tribunals just and adequate reparation or satisfaction for any damage suffered as a result of such discrimination.
|
General matters
3. Guiding principles of responsible tenure governance |
3.1.4
States should: Provide access to justice to deal with infringements of legitimate tenure rights. They should provide effective and accessible means to everyone, through judicial authorities or other approaches, to
resolve disputes over tenure rights; and to provide affordable and prompt enforcement of outcomes. States should provide prompt, just compensation where tenure rights are taken for public purposes.
|
Right to remedy |
ICERD
International Convention on the Elimination of All Forms of Racial Discrimination |
6
States Parties shall assure to everyone within their jurisdiction effective protection and remedies, through the competent national tribunals and other State institutions, against any acts of racial discrimination which violate his human rights and fundamental freedoms contrary to this Convention, as well as the right to seek from such tribunals just and adequate reparation or satisfaction for any damage suffered as a result of such discrimination.
|
General matters
3. Guiding principles of responsible tenure governance |
3.2
Non-state actors including business enterprises have a responsibility to respect human rights and legitimate tenure rights. Business enterprises should act with due diligence to avoid infringing on the human rights and
legitimate tenure rights of others. They should include appropriate risk management systems to prevent and address adverse impacts on human rights and legitimate tenure rights. Business enterprises should provide for
and cooperate in non-judicial mechanisms to provide remedy, including effective operational-level grievance mechanisms, where appropriate, where they have caused or contributed to adverse impacts on human rights and legitimate tenure rights. Business enterprises should identify and assess any actual or potential impacts on human rights and legitimate tenure rights in which they may be involved. States, in accordance with their international obligations, should provide access to effective judicial remedies for negative impacts on human rights and legitimate tenure rights by business enterprises. Where transnational corporations are involved, their home States have roles to play in assisting both those corporations and host States to ensure that businesses are not involved in abuse of human rights and legitimate tenure rights. States should take additional steps to protect against abuses of human rights and legitimate tenure rights by business enterprises that are owned or controlled by the State, or that receive substantial support and service from State agencies.
|
Right to remedy |
ICERD
International Convention on the Elimination of All Forms of Racial Discrimination |
6
States Parties shall assure to everyone within their jurisdiction effective protection and remedies, through the competent national tribunals and other State institutions, against any acts of racial discrimination which violate his human rights and fundamental freedoms contrary to this Convention, as well as the right to seek from such tribunals just and adequate reparation or satisfaction for any damage suffered as a result of 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 remedy |
ICERD
International Convention on the Elimination of All Forms of Racial Discrimination |
6
States Parties shall assure to everyone within their jurisdiction effective protection and remedies, through the competent national tribunals and other State institutions, against any acts of racial discrimination which violate his human rights and fundamental freedoms contrary to this Convention, as well as the right to seek from such tribunals just and adequate reparation or satisfaction for any damage suffered as a result of such discrimination.
|
General matters
4. Rights and responsibilities related to tenure |
4.8
Given that all human rights are universal, indivisible, interdependent and interrelated, the governance of tenure of land, fisheries and forests should
not only take into account rights that are directly linked to access and use of land, fisheries and forests, but also all civil, political, economic, social and cultural rights. In doing so, States should respect and protect the civil and political rights of defenders of human rights, including the human rights of peasants, indigenous peoples, fishers, pastoralists and rural workers, and should observe their human rights obligations when dealing with individuals and associations acting in defence of land, fisheries and forests.
|
Right to remedy |
ICERD
International Convention on the Elimination of All Forms of Racial Discrimination |
6
States Parties shall assure to everyone within their jurisdiction effective protection and remedies, through the competent national tribunals and other State institutions, against any acts of racial discrimination which violate his human rights and fundamental freedoms contrary to this Convention, as well as the right to seek from such tribunals just and adequate reparation or satisfaction for any damage suffered as a result of such discrimination.
|
General matters
4. Rights and responsibilities related to tenure |
4.9
States should provide access through impartial and competent judicial and administrative bodies to timely, affordable and effective means of resolving disputes over tenure rights, including alternative means of
resolving such disputes, and should provide effective remedies, which may include a right of appeal, as appropriate. Such remedies should be
promptly enforced and may include restitution, indemnity, compensation and reparation. States should strive to ensure that vulnerable and marginalized persons have access to such means, in line with paragraphs 6.6 and 21.6. States should ensure that any person whose human rights are violated in the context of tenure has access to such means of dispute
resolution and remedies
|
Right to remedy |
ICERD
International Convention on the Elimination of All Forms of Racial Discrimination |
6
States Parties shall assure to everyone within their jurisdiction effective protection and remedies, through the competent national tribunals and other State institutions, against any acts of racial discrimination which violate his human rights and fundamental freedoms contrary to this Convention, as well as the right to seek from such tribunals just and adequate reparation or satisfaction for any damage suffered as a result of such discrimination.
|
General matters
5. Policy, legal and organizational frameworks related to tenure |
5.1
States should provide and maintain policy, legal and organizational frameworks that promote responsible governance of tenure of land, fisheries and forests. These frameworks are dependent on, and are
supported by broader reforms to the legal system, public service and judicial authorities
|
Right to remedy |
ICERD
International Convention on the Elimination of All Forms of Racial Discrimination |
6
States Parties shall assure to everyone within their jurisdiction effective protection and remedies, through the competent national tribunals and other State institutions, against any acts of racial discrimination which violate his human rights and fundamental freedoms contrary to this Convention, as well as the right to seek from such tribunals just and adequate reparation or satisfaction for any damage suffered as a result of 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 remedy |
ICERD
International Convention on the Elimination of All Forms of Racial Discrimination |
6
States Parties shall assure to everyone within their jurisdiction effective protection and remedies, through the competent national tribunals and other State institutions, against any acts of racial discrimination which violate his human rights and fundamental freedoms contrary to this Convention, as well as the right to seek from such tribunals just and adequate reparation or satisfaction for any damage suffered as a result of such discrimination.
|
General matters
5. Policy, legal and organizational frameworks related to tenure |
5.6
States should place responsibilities at levels of government that can most effectively deliver services to the people. States should clearly define the
roles and responsibilities of agencies dealing with tenure of land, fisheries and forests. States should ensure coordination between implementing agencies, as well as with local governments, and indigenous peoples and other communities with customary tenure systems
|
Right to remedy |
ICERD
International Convention on the Elimination of All Forms of Racial Discrimination |
6
States Parties shall assure to everyone within their jurisdiction effective protection and remedies, through the competent national tribunals and other State institutions, against any acts of racial discrimination which violate his human rights and fundamental freedoms contrary to this Convention, as well as the right to seek from such tribunals just and adequate reparation or satisfaction for any damage suffered as a result of such discrimination.
|
General matters
5. Policy, legal and organizational frameworks related to tenure |
5.8
States and other parties should regularly review and monitor policy, legal and organizational frameworks to maintain their effectiveness. Implementing agencies and judicial authorities should engage with civil society, user representatives and the broader public to improve services and endeavour to prevent corruption through transparent processes and decision-making. Information about changes and their anticipated impacts should be clearly stated and widely publicized in applicable languages.
|
Right to remedy |
ICERD
International Convention on the Elimination of All Forms of Racial Discrimination |
6
States Parties shall assure to everyone within their jurisdiction effective protection and remedies, through the competent national tribunals and other State institutions, against any acts of racial discrimination which violate his human rights and fundamental freedoms contrary to this Convention, as well as the right to seek from such tribunals just and adequate reparation or satisfaction for any damage suffered as a result of 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 remedy |
ICERD
International Convention on the Elimination of All Forms of Racial Discrimination |
6
States Parties shall assure to everyone within their jurisdiction effective protection and remedies, through the competent national tribunals and other State institutions, against any acts of racial discrimination which violate his human rights and fundamental freedoms contrary to this Convention, as well as the right to seek from such tribunals just and adequate reparation or satisfaction for any damage suffered as a result of such discrimination.
|
General matters
6. Delivery of services |
6.3
States should provide prompt, accessible and non-discriminatory services to protect tenure rights, to promote and facilitate the enjoyment of those
rights, and to resolve disputes. States should eliminate unnecessary legal and procedural requirements and strive to overcome barriers related to
tenure rights. States should review services of implementing agencies and
judicial authorities, and introduce improvements where required.
|
Right to remedy |
ICERD
International Convention on the Elimination of All Forms of Racial Discrimination |
6
States Parties shall assure to everyone within their jurisdiction effective protection and remedies, through the competent national tribunals and other State institutions, against any acts of racial discrimination which violate his human rights and fundamental freedoms contrary to this Convention, as well as the right to seek from such tribunals just and adequate reparation or satisfaction for any damage suffered as a result of such discrimination.
|
General matters
6. Delivery of services |
6.3
States should provide prompt, accessible and non-discriminatory services to protect tenure rights, to promote and facilitate the enjoyment of those
rights, and to resolve disputes. States should eliminate unnecessary legal and procedural requirements and strive to overcome barriers related to
tenure rights. States should review services of implementing agencies and
judicial authorities, and introduce improvements where required.
|
Right to remedy |
ICERD
International Convention on the Elimination of All Forms of Racial Discrimination |
6
States Parties shall assure to everyone within their jurisdiction effective protection and remedies, through the competent national tribunals and other State institutions, against any acts of racial discrimination which violate his human rights and fundamental freedoms contrary to this Convention, as well as the right to seek from such tribunals just and adequate reparation or satisfaction for any damage suffered as a result of such discrimination.
|
General matters
6. Delivery of services |
6.4
States should ensure that implementing agencies and judicial authorities
serve the entire population, delivering services to all, including those in
remote locations. Services should be provided promptly and efficiently
using locally suitable technology to increase efficiency and accessibility.
Internal guidelines should be established so that staff can implement
policies and laws in a reliable and consistent manner. Procedures should
be simplified without threatening tenure security or quality of justice.
Explanatory materials should be widely publicized in ap
|
Right to remedy |
ICERD
International Convention on the Elimination of All Forms of Racial Discrimination |
6
States Parties shall assure to everyone within their jurisdiction effective protection and remedies, through the competent national tribunals and other State institutions, against any acts of racial discrimination which violate his human rights and fundamental freedoms contrary to this Convention, as well as the right to seek from such tribunals just and adequate reparation or satisfaction for any damage suffered as a result of such discrimination.
|
General matters
6. Delivery of services |
6.4
States should ensure that implementing agencies and judicial authorities
serve the entire population, delivering services to all, including those in
remote locations. Services should be provided promptly and efficiently
using locally suitable technology to increase efficiency and accessibility.
Internal guidelines should be established so that staff can implement
policies and laws in a reliable and consistent manner. Procedures should
be simplified without threatening tenure security or quality of justice.
Explanatory materials should be widely publicized in ap
|
Right to remedy |
ICERD
International Convention on the Elimination of All Forms of Racial Discrimination |
6
States Parties shall assure to everyone within their jurisdiction effective protection and remedies, through the competent national tribunals and other State institutions, against any acts of racial discrimination which violate his human rights and fundamental freedoms contrary to this Convention, as well as the right to seek from such tribunals just and adequate reparation or satisfaction for any damage suffered as a result of such discrimination.
|
General matters
6. Delivery of services |
6.4
States should ensure that implementing agencies and judicial authorities
serve the entire population, delivering services to all, including those in
remote locations. Services should be provided promptly and efficiently
using locally suitable technology to increase efficiency and accessibility.
Internal guidelines should be established so that staff can implement
policies and laws in a reliable and consistent manner. Procedures should
be simplified without threatening tenure security or quality of justice.
Explanatory materials should be widely publicized in ap
|
Right to remedy |
ICERD
International Convention on the Elimination of All Forms of Racial Discrimination |
6
States Parties shall assure to everyone within their jurisdiction effective protection and remedies, through the competent national tribunals and other State institutions, against any acts of racial discrimination which violate his human rights and fundamental freedoms contrary to this Convention, as well as the right to seek from such tribunals just and adequate reparation or satisfaction for any damage suffered as a result of such discrimination.
|
General matters
6. Delivery of services |
6.6
States and other parties should consider additional measures to support
vulnerable or marginalized groups who could not otherwise access
administrative and judicial services. These measures should include legal
support, such as affordable legal aid, and may also include the provision
of services of paralegals or parasurveyors, and mobile services for remote
communities and mobile indigenous peoples
|
Right to remedy |
ICERD
International Convention on the Elimination of All Forms of Racial Discrimination |
6
States Parties shall assure to everyone within their jurisdiction effective protection and remedies, through the competent national tribunals and other State institutions, against any acts of racial discrimination which violate his human rights and fundamental freedoms contrary to this Convention, as well as the right to seek from such tribunals just and adequate reparation or satisfaction for any damage suffered as a result of such discrimination.
|
General matters
6. Delivery of services |
6.7
States should encourage implementing agencies and judicial authorities to foster a culture based on service and ethical behaviour. Agencies and
judicial authorities should seek regular feedback, such as through surveys and focus groups, to raise standards and improve delivery of services,
to meet expectations, and to satisfy new needs. They should publish performance standards and report regularly on results. Users should have
means of addressing complaints either within the implementing agency, such as by administrative review, or externally, such as by an independent
review or through an ombudsman
|
Right to remedy |
ICERD
International Convention on the Elimination of All Forms of Racial Discrimination |
6
States Parties shall assure to everyone within their jurisdiction effective protection and remedies, through the competent national tribunals and other State institutions, against any acts of racial discrimination which violate his human rights and fundamental freedoms contrary to this Convention, as well as the right to seek from such tribunals just and adequate reparation or satisfaction for any damage suffered as a result of such discrimination.
|
General matters
6. Delivery of services |
6.7
States should encourage implementing agencies and judicial authorities to foster a culture based on service and ethical behaviour. Agencies and
judicial authorities should seek regular feedback, such as through surveys and focus groups, to raise standards and improve delivery of services,
to meet expectations, and to satisfy new needs. They should publish performance standards and report regularly on results. Users should have
means of addressing complaints either within the implementing agency, such as by administrative review, or externally, such as by an independent
review or through an ombudsman
|
Right to remedy |
ICERD
International Convention on the Elimination of All Forms of Racial Discrimination |
6
States Parties shall assure to everyone within their jurisdiction effective protection and remedies, through the competent national tribunals and other State institutions, against any acts of racial discrimination which violate his human rights and fundamental freedoms contrary to this Convention, as well as the right to seek from such tribunals just and adequate reparation or satisfaction for any damage suffered as a result of such discrimination.
|
General matters
6. Delivery of services |
6.8
Relevant professional associations for services related to tenure should develop, publicize and monitor the implementation of high levels of
ethical behaviour. Public and private sector parties should adhere to
applicable ethical standards, and be subject to disciplinary action in case
of violations. Where such associations do not exist, States should ensure
an environment conducive to their establishment.
|
Right to remedy |
ICERD
International Convention on the Elimination of All Forms of Racial Discrimination |
6
States Parties shall assure to everyone within their jurisdiction effective protection and remedies, through the competent national tribunals and other State institutions, against any acts of racial discrimination which violate his human rights and fundamental freedoms contrary to this Convention, as well as the right to seek from such tribunals just and adequate reparation or satisfaction for any damage suffered as a result of such discrimination.
|
General matters
6. Delivery of services |
6.9
States and non-state actors should endeavour to prevent corruption with
regard to tenure rights. States should do so particularly through consultation
and participation, rule of law, transparency and accountability. States
should adopt and enforce anti-corruption measures including applying
checks and balances, limiting the arbitrary use of power, addressing
conflicts of interest and adopting clear rules and regulations. States
should provide for the administrative and/or judicial review of decisions
of implementing agencies. Staff working on the administration of tenure
should be held accountable for their actions. They should be provided with
the means of conducting their duties effectively. They should be protected
against interference in their duties and from retaliation for reporting acts
of corruption
|
Right to remedy |
ICERD
International Convention on the Elimination of All Forms of Racial Discrimination |
6
States Parties shall assure to everyone within their jurisdiction effective protection and remedies, through the competent national tribunals and other State institutions, against any acts of racial discrimination which violate his human rights and fundamental freedoms contrary to this Convention, as well as the right to seek from such tribunals just and adequate reparation or satisfaction for any damage suffered as a result of 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 remedy |
ICERD
International Convention on the Elimination of All Forms of Racial Discrimination |
6
States Parties shall assure to everyone within their jurisdiction effective protection and remedies, through the competent national tribunals and other State institutions, against any acts of racial discrimination which violate his human rights and fundamental freedoms contrary to this Convention, as well as the right to seek from such tribunals just and adequate reparation or satisfaction for any damage suffered as a result of such discrimination.
|
Legal recognition and allocation of tenure rights and duties
7. Safeguards |
7.3
Where States intend to recognize or allocate tenure rights, they should first identify all existing tenure rights and right holders, whether recorded or not. Indigenous peoples and other communities with customary tenure systems, smallholders and anyone else who could be affected should be included in the consultation process, consistent with paragraphs 3B.6 and 9.9. States should provide access to justice, consistent with paragraph 4.9 if people believe their tenure rights are not recognized.
|
Right to remedy |
ICERD
International Convention on the Elimination of All Forms of Racial Discrimination |
6
States Parties shall assure to everyone within their jurisdiction effective protection and remedies, through the competent national tribunals and other State institutions, against any acts of racial discrimination which violate his human rights and fundamental freedoms contrary to this Convention, as well as the right to seek from such tribunals just and adequate reparation or satisfaction for any damage suffered as a result of 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 remedy |
ICERD
International Convention on the Elimination of All Forms of Racial Discrimination |
6
States Parties shall assure to everyone within their jurisdiction effective protection and remedies, through the competent national tribunals and other State institutions, against any acts of racial discrimination which violate his human rights and fundamental freedoms contrary to this Convention, as well as the right to seek from such tribunals just and adequate reparation or satisfaction for any damage suffered as a result of 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 remedy |
ICERD
International Convention on the Elimination of All Forms of Racial Discrimination |
6
States Parties shall assure to everyone within their jurisdiction effective protection and remedies, through the competent national tribunals and other State institutions, against any acts of racial discrimination which violate his human rights and fundamental freedoms contrary to this Convention, as well as the right to seek from such tribunals just and adequate reparation or satisfaction for any damage suffered as a result of such discrimination.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.10
To the extent that resources permit, States should ensure that competent
bodies responsible for land, fisheries and forests have the human, physical, financial and other forms of capacity. Where responsibilities for tenure governance are delegated, the recipients should receive training
and other support so they can perform those responsibilities.
|
Right to remedy |
ICERD
International Convention on the Elimination of All Forms of Racial Discrimination |
6
States Parties shall assure to everyone within their jurisdiction effective protection and remedies, through the competent national tribunals and other State institutions, against any acts of racial discrimination which violate his human rights and fundamental freedoms contrary to this Convention, as well as the right to seek from such tribunals just and adequate reparation or satisfaction for any damage suffered as a result of 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 remedy |
ICERD
International Convention on the Elimination of All Forms of Racial Discrimination |
6
States Parties shall assure to everyone within their jurisdiction effective protection and remedies, through the competent national tribunals and other State institutions, against any acts of racial discrimination which violate his human rights and fundamental freedoms contrary to this Convention, as well as the right to seek from such tribunals just and adequate reparation or satisfaction for any damage suffered as a result of 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 remedy |
ICERD
International Convention on the Elimination of All Forms of Racial Discrimination |
6
States Parties shall assure to everyone within their jurisdiction effective protection and remedies, through the competent national tribunals and other State institutions, against any acts of racial discrimination which violate his human rights and fundamental freedoms contrary to this Convention, as well as the right to seek from such tribunals just and adequate reparation or satisfaction for any damage suffered as a result of such discrimination.
|
Legal recognition and allocation of tenure rights and duties
10. Informal tenure |
10.5
States should endeavour to prevent corruption, particularly through increasing transparency, holding decision-makers accountable, and ensuring that impartial decisions are delivered promptly
|
Right to remedy |
ICERD
International Convention on the Elimination of All Forms of Racial Discrimination |
6
States Parties shall assure to everyone within their jurisdiction effective protection and remedies, through the competent national tribunals and other State institutions, against any acts of racial discrimination which violate his human rights and fundamental freedoms contrary to this Convention, as well as the right to seek from such tribunals just and adequate reparation or satisfaction for any damage suffered as a result of 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 remedy |
ICERD
International Convention on the Elimination of All Forms of Racial Discrimination |
6
States Parties shall assure to everyone within their jurisdiction effective protection and remedies, through the competent national tribunals and other State institutions, against any acts of racial discrimination which violate his human rights and fundamental freedoms contrary to this Convention, as well as the right to seek from such tribunals just and adequate reparation or satisfaction for any damage suffered as a result of 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 remedy |
ICERD
International Convention on the Elimination of All Forms of Racial Discrimination |
6
States Parties shall assure to everyone within their jurisdiction effective protection and remedies, through the competent national tribunals and other State institutions, against any acts of racial discrimination which violate his human rights and fundamental freedoms contrary to this Convention, as well as the right to seek from such tribunals just and adequate reparation or satisfaction for any damage suffered as a result of 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 remedy |
ICERD
International Convention on the Elimination of All Forms of Racial Discrimination |
6
States Parties shall assure to everyone within their jurisdiction effective protection and remedies, through the competent national tribunals and other State institutions, against any acts of racial discrimination which violate his human rights and fundamental freedoms contrary to this Convention, as well as the right to seek from such tribunals just and adequate reparation or satisfaction for any damage suffered as a result of 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 remedy |
ICERD
International Convention on the Elimination of All Forms of Racial Discrimination |
6
States Parties shall assure to everyone within their jurisdiction effective protection and remedies, through the competent national tribunals and other State institutions, against any acts of racial discrimination which violate his human rights and fundamental freedoms contrary to this Convention, as well as the right to seek from such tribunals just and adequate reparation or satisfaction for any damage suffered as a result of such discrimination.
|
Transfers and other changes to tenure rights and duties
12. Investments |
12.14
States and affected parties should contribute to the effective monitoring of the implementation and impacts of agreements involving large-scale transactions in tenure rights, including acquisitions and partnership agreements. States should take corrective action where necessary to
enforce agreements and protect tenure and other rights and provide mechanisms whereby aggrieved parties can request such action.
|
Right to remedy |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
12
1. Peasants and other people working in rural areas have the right to effective and non-discriminatory access to justice, including access to fair procedures for the resolution of disputes and to effective remedies for all infringements of their human rights. Such decisions shall give due consideration to their customs, traditions, rules and legal systems in conformity with relevant obligations under international human rights law.
2. States shall provide for non-discriminatory access, through impartial and competent judicial and administrative bodies, to timely, affordable and effective means of resolving disputes in the language of the persons concerned, and shall provide effective and prompt remedies, which may include a right of appeal, restitution, indemnity, compensation and reparation. 3. Peasants and other people working in rural areas have the right to legal assistance. States shall consider additional measures, including legal aid, to support peasants and other people working in rural areas who would otherwise not have access to administrative and judicial services.
4. States shall consider measures to strengthen relevant national institutions for the promotion and protection of all human rights, including the rights described in the present Declaration.
5. States shall provide peasants and other people working in rural areas with effective mechanisms for the prevention of and redress for any action that has the aim or effect of violating their human rights, arbitrarily dispossessing them of their land and
natural resources or of depriving them of their means of subsistence and integrity, and for any form of forced sedentarization or population displacement.
|
General matters
3. Guiding principles of responsible tenure governance |
3.1.4
States should: Provide access to justice to deal with infringements of legitimate tenure rights. They should provide effective and accessible means to everyone, through judicial authorities or other approaches, to
resolve disputes over tenure rights; and to provide affordable and prompt enforcement of outcomes. States should provide prompt, just compensation where tenure rights are taken for public purposes.
|
Right to remedy |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
12
1. Peasants and other people working in rural areas have the right to effective and non-discriminatory access to justice, including access to fair procedures for the resolution of disputes and to effective remedies for all infringements of their human rights. Such decisions shall give due consideration to their customs, traditions, rules and legal systems in conformity with relevant obligations under international human rights law.
2. States shall provide for non-discriminatory access, through impartial and competent judicial and administrative bodies, to timely, affordable and effective means of resolving disputes in the language of the persons concerned, and shall provide effective and prompt remedies, which may include a right of appeal, restitution, indemnity, compensation and reparation. 3. Peasants and other people working in rural areas have the right to legal assistance. States shall consider additional measures, including legal aid, to support peasants and other people working in rural areas who would otherwise not have access to administrative and judicial services.
4. States shall consider measures to strengthen relevant national institutions for the promotion and protection of all human rights, including the rights described in the present Declaration.
5. States shall provide peasants and other people working in rural areas with effective mechanisms for the prevention of and redress for any action that has the aim or effect of violating their human rights, arbitrarily dispossessing them of their land and
natural resources or of depriving them of their means of subsistence and integrity, and for any form of forced sedentarization or population displacement.
|
General matters
3. Guiding principles of responsible tenure governance |
3.2
Non-state actors including business enterprises have a responsibility to respect human rights and legitimate tenure rights. Business enterprises should act with due diligence to avoid infringing on the human rights and
legitimate tenure rights of others. They should include appropriate risk management systems to prevent and address adverse impacts on human rights and legitimate tenure rights. Business enterprises should provide for
and cooperate in non-judicial mechanisms to provide remedy, including effective operational-level grievance mechanisms, where appropriate, where they have caused or contributed to adverse impacts on human rights and legitimate tenure rights. Business enterprises should identify and assess any actual or potential impacts on human rights and legitimate tenure rights in which they may be involved. States, in accordance with their international obligations, should provide access to effective judicial remedies for negative impacts on human rights and legitimate tenure rights by business enterprises. Where transnational corporations are involved, their home States have roles to play in assisting both those corporations and host States to ensure that businesses are not involved in abuse of human rights and legitimate tenure rights. States should take additional steps to protect against abuses of human rights and legitimate tenure rights by business enterprises that are owned or controlled by the State, or that receive substantial support and service from State agencies.
|
Right to remedy |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
12
1. Peasants and other people working in rural areas have the right to effective and non-discriminatory access to justice, including access to fair procedures for the resolution of disputes and to effective remedies for all infringements of their human rights. Such decisions shall give due consideration to their customs, traditions, rules and legal systems in conformity with relevant obligations under international human rights law.
2. States shall provide for non-discriminatory access, through impartial and competent judicial and administrative bodies, to timely, affordable and effective means of resolving disputes in the language of the persons concerned, and shall provide effective and prompt remedies, which may include a right of appeal, restitution, indemnity, compensation and reparation. 3. Peasants and other people working in rural areas have the right to legal assistance. States shall consider additional measures, including legal aid, to support peasants and other people working in rural areas who would otherwise not have access to administrative and judicial services.
4. States shall consider measures to strengthen relevant national institutions for the promotion and protection of all human rights, including the rights described in the present Declaration.
5. States shall provide peasants and other people working in rural areas with effective mechanisms for the prevention of and redress for any action that has the aim or effect of violating their human rights, arbitrarily dispossessing them of their land and
natural resources or of depriving them of their means of subsistence and integrity, and for any form of forced sedentarization or population displacement.
|
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 remedy |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
12
1. Peasants and other people working in rural areas have the right to effective and non-discriminatory access to justice, including access to fair procedures for the resolution of disputes and to effective remedies for all infringements of their human rights. Such decisions shall give due consideration to their customs, traditions, rules and legal systems in conformity with relevant obligations under international human rights law.
2. States shall provide for non-discriminatory access, through impartial and competent judicial and administrative bodies, to timely, affordable and effective means of resolving disputes in the language of the persons concerned, and shall provide effective and prompt remedies, which may include a right of appeal, restitution, indemnity, compensation and reparation. 3. Peasants and other people working in rural areas have the right to legal assistance. States shall consider additional measures, including legal aid, to support peasants and other people working in rural areas who would otherwise not have access to administrative and judicial services.
4. States shall consider measures to strengthen relevant national institutions for the promotion and protection of all human rights, including the rights described in the present Declaration.
5. States shall provide peasants and other people working in rural areas with effective mechanisms for the prevention of and redress for any action that has the aim or effect of violating their human rights, arbitrarily dispossessing them of their land and
natural resources or of depriving them of their means of subsistence and integrity, and for any form of forced sedentarization or population displacement.
|
General matters
4. Rights and responsibilities related to tenure |
4.8
Given that all human rights are universal, indivisible, interdependent and interrelated, the governance of tenure of land, fisheries and forests should
not only take into account rights that are directly linked to access and use of land, fisheries and forests, but also all civil, political, economic, social and cultural rights. In doing so, States should respect and protect the civil and political rights of defenders of human rights, including the human rights of peasants, indigenous peoples, fishers, pastoralists and rural workers, and should observe their human rights obligations when dealing with individuals and associations acting in defence of land, fisheries and forests.
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Right to remedy |
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United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
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1. Peasants and other people working in rural areas have the right to effective and non-discriminatory access to justice, including access to fair procedures for the resolution of disputes and to effective remedies for all infringements of their human rights. Such decisions shall give due consideration to their customs, traditions, rules and legal systems in conformity with relevant obligations under international human rights law.
2. States shall provide for non-discriminatory access, through impartial and competent judicial and administrative bodies, to timely, affordable and effective means of resolving disputes in the language of the persons concerned, and shall provide effective and prompt remedies, which may include a right of appeal, restitution, indemnity, compensation and reparation. 3. Peasants and other people working in rural areas have the right to legal assistance. States shall consider additional measures, including legal aid, to support peasants and other people working in rural areas who would otherwise not have access to administrative and judicial services.
4. States shall consider measures to strengthen relevant national institutions for the promotion and protection of all human rights, including the rights described in the present Declaration.
5. States shall provide peasants and other people working in rural areas with effective mechanisms for the prevention of and redress for any action that has the aim or effect of violating their human rights, arbitrarily dispossessing them of their land and
natural resources or of depriving them of their means of subsistence and integrity, and for any form of forced sedentarization or population displacement.
|
General matters
4. Rights and responsibilities related to tenure |
4.9
States should provide access through impartial and competent judicial and administrative bodies to timely, affordable and effective means of resolving disputes over tenure rights, including alternative means of
resolving such disputes, and should provide effective remedies, which may include a right of appeal, as appropriate. Such remedies should be
promptly enforced and may include restitution, indemnity, compensation and reparation. States should strive to ensure that vulnerable and marginalized persons have access to such means, in line with paragraphs 6.6 and 21.6. States should ensure that any person whose human rights are violated in the context of tenure has access to such means of dispute
resolution and remedies
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Right to remedy |
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United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
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1. Peasants and other people working in rural areas have the right to effective and non-discriminatory access to justice, including access to fair procedures for the resolution of disputes and to effective remedies for all infringements of their human rights. Such decisions shall give due consideration to their customs, traditions, rules and legal systems in conformity with relevant obligations under international human rights law.
2. States shall provide for non-discriminatory access, through impartial and competent judicial and administrative bodies, to timely, affordable and effective means of resolving disputes in the language of the persons concerned, and shall provide effective and prompt remedies, which may include a right of appeal, restitution, indemnity, compensation and reparation. 3. Peasants and other people working in rural areas have the right to legal assistance. States shall consider additional measures, including legal aid, to support peasants and other people working in rural areas who would otherwise not have access to administrative and judicial services.
4. States shall consider measures to strengthen relevant national institutions for the promotion and protection of all human rights, including the rights described in the present Declaration.
5. States shall provide peasants and other people working in rural areas with effective mechanisms for the prevention of and redress for any action that has the aim or effect of violating their human rights, arbitrarily dispossessing them of their land and
natural resources or of depriving them of their means of subsistence and integrity, and for any form of forced sedentarization or population displacement.
|
General matters
5. Policy, legal and organizational frameworks related to tenure |
5.1
States should provide and maintain policy, legal and organizational frameworks that promote responsible governance of tenure of land, fisheries and forests. These frameworks are dependent on, and are
supported by broader reforms to the legal system, public service and judicial authorities
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Right to remedy |
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United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
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1. Peasants and other people working in rural areas have the right to effective and non-discriminatory access to justice, including access to fair procedures for the resolution of disputes and to effective remedies for all infringements of their human rights. Such decisions shall give due consideration to their customs, traditions, rules and legal systems in conformity with relevant obligations under international human rights law.
2. States shall provide for non-discriminatory access, through impartial and competent judicial and administrative bodies, to timely, affordable and effective means of resolving disputes in the language of the persons concerned, and shall provide effective and prompt remedies, which may include a right of appeal, restitution, indemnity, compensation and reparation. 3. Peasants and other people working in rural areas have the right to legal assistance. States shall consider additional measures, including legal aid, to support peasants and other people working in rural areas who would otherwise not have access to administrative and judicial services.
4. States shall consider measures to strengthen relevant national institutions for the promotion and protection of all human rights, including the rights described in the present Declaration.
5. States shall provide peasants and other people working in rural areas with effective mechanisms for the prevention of and redress for any action that has the aim or effect of violating their human rights, arbitrarily dispossessing them of their land and
natural resources or of depriving them of their means of subsistence and integrity, and for any form of forced sedentarization or population displacement.
|
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.
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Right to remedy |
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United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
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1. Peasants and other people working in rural areas have the right to effective and non-discriminatory access to justice, including access to fair procedures for the resolution of disputes and to effective remedies for all infringements of their human rights. Such decisions shall give due consideration to their customs, traditions, rules and legal systems in conformity with relevant obligations under international human rights law.
2. States shall provide for non-discriminatory access, through impartial and competent judicial and administrative bodies, to timely, affordable and effective means of resolving disputes in the language of the persons concerned, and shall provide effective and prompt remedies, which may include a right of appeal, restitution, indemnity, compensation and reparation. 3. Peasants and other people working in rural areas have the right to legal assistance. States shall consider additional measures, including legal aid, to support peasants and other people working in rural areas who would otherwise not have access to administrative and judicial services.
4. States shall consider measures to strengthen relevant national institutions for the promotion and protection of all human rights, including the rights described in the present Declaration.
5. States shall provide peasants and other people working in rural areas with effective mechanisms for the prevention of and redress for any action that has the aim or effect of violating their human rights, arbitrarily dispossessing them of their land and
natural resources or of depriving them of their means of subsistence and integrity, and for any form of forced sedentarization or population displacement.
|
General matters
5. Policy, legal and organizational frameworks related to tenure |
5.6
States should place responsibilities at levels of government that can most effectively deliver services to the people. States should clearly define the
roles and responsibilities of agencies dealing with tenure of land, fisheries and forests. States should ensure coordination between implementing agencies, as well as with local governments, and indigenous peoples and other communities with customary tenure systems
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Right to remedy |
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United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
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1. Peasants and other people working in rural areas have the right to effective and non-discriminatory access to justice, including access to fair procedures for the resolution of disputes and to effective remedies for all infringements of their human rights. Such decisions shall give due consideration to their customs, traditions, rules and legal systems in conformity with relevant obligations under international human rights law.
2. States shall provide for non-discriminatory access, through impartial and competent judicial and administrative bodies, to timely, affordable and effective means of resolving disputes in the language of the persons concerned, and shall provide effective and prompt remedies, which may include a right of appeal, restitution, indemnity, compensation and reparation. 3. Peasants and other people working in rural areas have the right to legal assistance. States shall consider additional measures, including legal aid, to support peasants and other people working in rural areas who would otherwise not have access to administrative and judicial services.
4. States shall consider measures to strengthen relevant national institutions for the promotion and protection of all human rights, including the rights described in the present Declaration.
5. States shall provide peasants and other people working in rural areas with effective mechanisms for the prevention of and redress for any action that has the aim or effect of violating their human rights, arbitrarily dispossessing them of their land and
natural resources or of depriving them of their means of subsistence and integrity, and for any form of forced sedentarization or population displacement.
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General matters
5. Policy, legal and organizational frameworks related to tenure |
5.8
States and other parties should regularly review and monitor policy, legal and organizational frameworks to maintain their effectiveness. Implementing agencies and judicial authorities should engage with civil society, user representatives and the broader public to improve services and endeavour to prevent corruption through transparent processes and decision-making. Information about changes and their anticipated impacts should be clearly stated and widely publicized in applicable languages.
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Right to remedy |
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United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
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1. Peasants and other people working in rural areas have the right to effective and non-discriminatory access to justice, including access to fair procedures for the resolution of disputes and to effective remedies for all infringements of their human rights. Such decisions shall give due consideration to their customs, traditions, rules and legal systems in conformity with relevant obligations under international human rights law.
2. States shall provide for non-discriminatory access, through impartial and competent judicial and administrative bodies, to timely, affordable and effective means of resolving disputes in the language of the persons concerned, and shall provide effective and prompt remedies, which may include a right of appeal, restitution, indemnity, compensation and reparation. 3. Peasants and other people working in rural areas have the right to legal assistance. States shall consider additional measures, including legal aid, to support peasants and other people working in rural areas who would otherwise not have access to administrative and judicial services.
4. States shall consider measures to strengthen relevant national institutions for the promotion and protection of all human rights, including the rights described in the present Declaration.
5. States shall provide peasants and other people working in rural areas with effective mechanisms for the prevention of and redress for any action that has the aim or effect of violating their human rights, arbitrarily dispossessing them of their land and
natural resources or of depriving them of their means of subsistence and integrity, and for any form of forced sedentarization or population displacement.
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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
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United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
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1. Peasants and other people working in rural areas have the right to effective and non-discriminatory access to justice, including access to fair procedures for the resolution of disputes and to effective remedies for all infringements of their human rights. Such decisions shall give due consideration to their customs, traditions, rules and legal systems in conformity with relevant obligations under international human rights law.
2. States shall provide for non-discriminatory access, through impartial and competent judicial and administrative bodies, to timely, affordable and effective means of resolving disputes in the language of the persons concerned, and shall provide effective and prompt remedies, which may include a right of appeal, restitution, indemnity, compensation and reparation. 3. Peasants and other people working in rural areas have the right to legal assistance. States shall consider additional measures, including legal aid, to support peasants and other people working in rural areas who would otherwise not have access to administrative and judicial services.
4. States shall consider measures to strengthen relevant national institutions for the promotion and protection of all human rights, including the rights described in the present Declaration.
5. States shall provide peasants and other people working in rural areas with effective mechanisms for the prevention of and redress for any action that has the aim or effect of violating their human rights, arbitrarily dispossessing them of their land and
natural resources or of depriving them of their means of subsistence and integrity, and for any form of forced sedentarization or population displacement.
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General matters
6. Delivery of services |
6.3
States should provide prompt, accessible and non-discriminatory services to protect tenure rights, to promote and facilitate the enjoyment of those
rights, and to resolve disputes. States should eliminate unnecessary legal and procedural requirements and strive to overcome barriers related to
tenure rights. States should review services of implementing agencies and
judicial authorities, and introduce improvements where required.
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Right to remedy |
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United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
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1. Peasants and other people working in rural areas have the right to effective and non-discriminatory access to justice, including access to fair procedures for the resolution of disputes and to effective remedies for all infringements of their human rights. Such decisions shall give due consideration to their customs, traditions, rules and legal systems in conformity with relevant obligations under international human rights law.
2. States shall provide for non-discriminatory access, through impartial and competent judicial and administrative bodies, to timely, affordable and effective means of resolving disputes in the language of the persons concerned, and shall provide effective and prompt remedies, which may include a right of appeal, restitution, indemnity, compensation and reparation. 3. Peasants and other people working in rural areas have the right to legal assistance. States shall consider additional measures, including legal aid, to support peasants and other people working in rural areas who would otherwise not have access to administrative and judicial services.
4. States shall consider measures to strengthen relevant national institutions for the promotion and protection of all human rights, including the rights described in the present Declaration.
5. States shall provide peasants and other people working in rural areas with effective mechanisms for the prevention of and redress for any action that has the aim or effect of violating their human rights, arbitrarily dispossessing them of their land and
natural resources or of depriving them of their means of subsistence and integrity, and for any form of forced sedentarization or population displacement.
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General matters
6. Delivery of services |
6.3
States should provide prompt, accessible and non-discriminatory services to protect tenure rights, to promote and facilitate the enjoyment of those
rights, and to resolve disputes. States should eliminate unnecessary legal and procedural requirements and strive to overcome barriers related to
tenure rights. States should review services of implementing agencies and
judicial authorities, and introduce improvements where required.
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Right to remedy |
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United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
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1. Peasants and other people working in rural areas have the right to effective and non-discriminatory access to justice, including access to fair procedures for the resolution of disputes and to effective remedies for all infringements of their human rights. Such decisions shall give due consideration to their customs, traditions, rules and legal systems in conformity with relevant obligations under international human rights law.
2. States shall provide for non-discriminatory access, through impartial and competent judicial and administrative bodies, to timely, affordable and effective means of resolving disputes in the language of the persons concerned, and shall provide effective and prompt remedies, which may include a right of appeal, restitution, indemnity, compensation and reparation. 3. Peasants and other people working in rural areas have the right to legal assistance. States shall consider additional measures, including legal aid, to support peasants and other people working in rural areas who would otherwise not have access to administrative and judicial services.
4. States shall consider measures to strengthen relevant national institutions for the promotion and protection of all human rights, including the rights described in the present Declaration.
5. States shall provide peasants and other people working in rural areas with effective mechanisms for the prevention of and redress for any action that has the aim or effect of violating their human rights, arbitrarily dispossessing them of their land and
natural resources or of depriving them of their means of subsistence and integrity, and for any form of forced sedentarization or population displacement.
|
General matters
6. Delivery of services |
6.4
States should ensure that implementing agencies and judicial authorities
serve the entire population, delivering services to all, including those in
remote locations. Services should be provided promptly and efficiently
using locally suitable technology to increase efficiency and accessibility.
Internal guidelines should be established so that staff can implement
policies and laws in a reliable and consistent manner. Procedures should
be simplified without threatening tenure security or quality of justice.
Explanatory materials should be widely publicized in ap
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Right to remedy |
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United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
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1. Peasants and other people working in rural areas have the right to effective and non-discriminatory access to justice, including access to fair procedures for the resolution of disputes and to effective remedies for all infringements of their human rights. Such decisions shall give due consideration to their customs, traditions, rules and legal systems in conformity with relevant obligations under international human rights law.
2. States shall provide for non-discriminatory access, through impartial and competent judicial and administrative bodies, to timely, affordable and effective means of resolving disputes in the language of the persons concerned, and shall provide effective and prompt remedies, which may include a right of appeal, restitution, indemnity, compensation and reparation. 3. Peasants and other people working in rural areas have the right to legal assistance. States shall consider additional measures, including legal aid, to support peasants and other people working in rural areas who would otherwise not have access to administrative and judicial services.
4. States shall consider measures to strengthen relevant national institutions for the promotion and protection of all human rights, including the rights described in the present Declaration.
5. States shall provide peasants and other people working in rural areas with effective mechanisms for the prevention of and redress for any action that has the aim or effect of violating their human rights, arbitrarily dispossessing them of their land and
natural resources or of depriving them of their means of subsistence and integrity, and for any form of forced sedentarization or population displacement.
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General matters
6. Delivery of services |
6.4
States should ensure that implementing agencies and judicial authorities
serve the entire population, delivering services to all, including those in
remote locations. Services should be provided promptly and efficiently
using locally suitable technology to increase efficiency and accessibility.
Internal guidelines should be established so that staff can implement
policies and laws in a reliable and consistent manner. Procedures should
be simplified without threatening tenure security or quality of justice.
Explanatory materials should be widely publicized in ap
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Right to remedy |
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United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
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1. Peasants and other people working in rural areas have the right to effective and non-discriminatory access to justice, including access to fair procedures for the resolution of disputes and to effective remedies for all infringements of their human rights. Such decisions shall give due consideration to their customs, traditions, rules and legal systems in conformity with relevant obligations under international human rights law.
2. States shall provide for non-discriminatory access, through impartial and competent judicial and administrative bodies, to timely, affordable and effective means of resolving disputes in the language of the persons concerned, and shall provide effective and prompt remedies, which may include a right of appeal, restitution, indemnity, compensation and reparation. 3. Peasants and other people working in rural areas have the right to legal assistance. States shall consider additional measures, including legal aid, to support peasants and other people working in rural areas who would otherwise not have access to administrative and judicial services.
4. States shall consider measures to strengthen relevant national institutions for the promotion and protection of all human rights, including the rights described in the present Declaration.
5. States shall provide peasants and other people working in rural areas with effective mechanisms for the prevention of and redress for any action that has the aim or effect of violating their human rights, arbitrarily dispossessing them of their land and
natural resources or of depriving them of their means of subsistence and integrity, and for any form of forced sedentarization or population displacement.
|
General matters
6. Delivery of services |
6.4
States should ensure that implementing agencies and judicial authorities
serve the entire population, delivering services to all, including those in
remote locations. Services should be provided promptly and efficiently
using locally suitable technology to increase efficiency and accessibility.
Internal guidelines should be established so that staff can implement
policies and laws in a reliable and consistent manner. Procedures should
be simplified without threatening tenure security or quality of justice.
Explanatory materials should be widely publicized in ap
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Right to remedy |
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United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
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1. Peasants and other people working in rural areas have the right to effective and non-discriminatory access to justice, including access to fair procedures for the resolution of disputes and to effective remedies for all infringements of their human rights. Such decisions shall give due consideration to their customs, traditions, rules and legal systems in conformity with relevant obligations under international human rights law.
2. States shall provide for non-discriminatory access, through impartial and competent judicial and administrative bodies, to timely, affordable and effective means of resolving disputes in the language of the persons concerned, and shall provide effective and prompt remedies, which may include a right of appeal, restitution, indemnity, compensation and reparation. 3. Peasants and other people working in rural areas have the right to legal assistance. States shall consider additional measures, including legal aid, to support peasants and other people working in rural areas who would otherwise not have access to administrative and judicial services.
4. States shall consider measures to strengthen relevant national institutions for the promotion and protection of all human rights, including the rights described in the present Declaration.
5. States shall provide peasants and other people working in rural areas with effective mechanisms for the prevention of and redress for any action that has the aim or effect of violating their human rights, arbitrarily dispossessing them of their land and
natural resources or of depriving them of their means of subsistence and integrity, and for any form of forced sedentarization or population displacement.
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General matters
6. Delivery of services |
6.6
States and other parties should consider additional measures to support
vulnerable or marginalized groups who could not otherwise access
administrative and judicial services. These measures should include legal
support, such as affordable legal aid, and may also include the provision
of services of paralegals or parasurveyors, and mobile services for remote
communities and mobile indigenous peoples
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Right to remedy |
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United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
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1. Peasants and other people working in rural areas have the right to effective and non-discriminatory access to justice, including access to fair procedures for the resolution of disputes and to effective remedies for all infringements of their human rights. Such decisions shall give due consideration to their customs, traditions, rules and legal systems in conformity with relevant obligations under international human rights law.
2. States shall provide for non-discriminatory access, through impartial and competent judicial and administrative bodies, to timely, affordable and effective means of resolving disputes in the language of the persons concerned, and shall provide effective and prompt remedies, which may include a right of appeal, restitution, indemnity, compensation and reparation. 3. Peasants and other people working in rural areas have the right to legal assistance. States shall consider additional measures, including legal aid, to support peasants and other people working in rural areas who would otherwise not have access to administrative and judicial services.
4. States shall consider measures to strengthen relevant national institutions for the promotion and protection of all human rights, including the rights described in the present Declaration.
5. States shall provide peasants and other people working in rural areas with effective mechanisms for the prevention of and redress for any action that has the aim or effect of violating their human rights, arbitrarily dispossessing them of their land and
natural resources or of depriving them of their means of subsistence and integrity, and for any form of forced sedentarization or population displacement.
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General matters
6. Delivery of services |
6.7
States should encourage implementing agencies and judicial authorities to foster a culture based on service and ethical behaviour. Agencies and
judicial authorities should seek regular feedback, such as through surveys and focus groups, to raise standards and improve delivery of services,
to meet expectations, and to satisfy new needs. They should publish performance standards and report regularly on results. Users should have
means of addressing complaints either within the implementing agency, such as by administrative review, or externally, such as by an independent
review or through an ombudsman
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Right to remedy |
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United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
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1. Peasants and other people working in rural areas have the right to effective and non-discriminatory access to justice, including access to fair procedures for the resolution of disputes and to effective remedies for all infringements of their human rights. Such decisions shall give due consideration to their customs, traditions, rules and legal systems in conformity with relevant obligations under international human rights law.
2. States shall provide for non-discriminatory access, through impartial and competent judicial and administrative bodies, to timely, affordable and effective means of resolving disputes in the language of the persons concerned, and shall provide effective and prompt remedies, which may include a right of appeal, restitution, indemnity, compensation and reparation. 3. Peasants and other people working in rural areas have the right to legal assistance. States shall consider additional measures, including legal aid, to support peasants and other people working in rural areas who would otherwise not have access to administrative and judicial services.
4. States shall consider measures to strengthen relevant national institutions for the promotion and protection of all human rights, including the rights described in the present Declaration.
5. States shall provide peasants and other people working in rural areas with effective mechanisms for the prevention of and redress for any action that has the aim or effect of violating their human rights, arbitrarily dispossessing them of their land and
natural resources or of depriving them of their means of subsistence and integrity, and for any form of forced sedentarization or population displacement.
|
General matters
6. Delivery of services |
6.7
States should encourage implementing agencies and judicial authorities to foster a culture based on service and ethical behaviour. Agencies and
judicial authorities should seek regular feedback, such as through surveys and focus groups, to raise standards and improve delivery of services,
to meet expectations, and to satisfy new needs. They should publish performance standards and report regularly on results. Users should have
means of addressing complaints either within the implementing agency, such as by administrative review, or externally, such as by an independent
review or through an ombudsman
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Right to remedy |
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United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
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1. Peasants and other people working in rural areas have the right to effective and non-discriminatory access to justice, including access to fair procedures for the resolution of disputes and to effective remedies for all infringements of their human rights. Such decisions shall give due consideration to their customs, traditions, rules and legal systems in conformity with relevant obligations under international human rights law.
2. States shall provide for non-discriminatory access, through impartial and competent judicial and administrative bodies, to timely, affordable and effective means of resolving disputes in the language of the persons concerned, and shall provide effective and prompt remedies, which may include a right of appeal, restitution, indemnity, compensation and reparation. 3. Peasants and other people working in rural areas have the right to legal assistance. States shall consider additional measures, including legal aid, to support peasants and other people working in rural areas who would otherwise not have access to administrative and judicial services.
4. States shall consider measures to strengthen relevant national institutions for the promotion and protection of all human rights, including the rights described in the present Declaration.
5. States shall provide peasants and other people working in rural areas with effective mechanisms for the prevention of and redress for any action that has the aim or effect of violating their human rights, arbitrarily dispossessing them of their land and
natural resources or of depriving them of their means of subsistence and integrity, and for any form of forced sedentarization or population displacement.
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General matters
6. Delivery of services |
6.8
Relevant professional associations for services related to tenure should develop, publicize and monitor the implementation of high levels of
ethical behaviour. Public and private sector parties should adhere to
applicable ethical standards, and be subject to disciplinary action in case
of violations. Where such associations do not exist, States should ensure
an environment conducive to their establishment.
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United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
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1. Peasants and other people working in rural areas have the right to effective and non-discriminatory access to justice, including access to fair procedures for the resolution of disputes and to effective remedies for all infringements of their human rights. Such decisions shall give due consideration to their customs, traditions, rules and legal systems in conformity with relevant obligations under international human rights law.
2. States shall provide for non-discriminatory access, through impartial and competent judicial and administrative bodies, to timely, affordable and effective means of resolving disputes in the language of the persons concerned, and shall provide effective and prompt remedies, which may include a right of appeal, restitution, indemnity, compensation and reparation. 3. Peasants and other people working in rural areas have the right to legal assistance. States shall consider additional measures, including legal aid, to support peasants and other people working in rural areas who would otherwise not have access to administrative and judicial services.
4. States shall consider measures to strengthen relevant national institutions for the promotion and protection of all human rights, including the rights described in the present Declaration.
5. States shall provide peasants and other people working in rural areas with effective mechanisms for the prevention of and redress for any action that has the aim or effect of violating their human rights, arbitrarily dispossessing them of their land and
natural resources or of depriving them of their means of subsistence and integrity, and for any form of forced sedentarization or population displacement.
|
General matters
6. Delivery of services |
6.9
States and non-state actors should endeavour to prevent corruption with
regard to tenure rights. States should do so particularly through consultation
and participation, rule of law, transparency and accountability. States
should adopt and enforce anti-corruption measures including applying
checks and balances, limiting the arbitrary use of power, addressing
conflicts of interest and adopting clear rules and regulations. States
should provide for the administrative and/or judicial review of decisions
of implementing agencies. Staff working on the administration of tenure
should be held accountable for their actions. They should be provided with
the means of conducting their duties effectively. They should be protected
against interference in their duties and from retaliation for reporting acts
of corruption
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United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
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1. Peasants and other people working in rural areas have the right to effective and non-discriminatory access to justice, including access to fair procedures for the resolution of disputes and to effective remedies for all infringements of their human rights. Such decisions shall give due consideration to their customs, traditions, rules and legal systems in conformity with relevant obligations under international human rights law.
2. States shall provide for non-discriminatory access, through impartial and competent judicial and administrative bodies, to timely, affordable and effective means of resolving disputes in the language of the persons concerned, and shall provide effective and prompt remedies, which may include a right of appeal, restitution, indemnity, compensation and reparation. 3. Peasants and other people working in rural areas have the right to legal assistance. States shall consider additional measures, including legal aid, to support peasants and other people working in rural areas who would otherwise not have access to administrative and judicial services.
4. States shall consider measures to strengthen relevant national institutions for the promotion and protection of all human rights, including the rights described in the present Declaration.
5. States shall provide peasants and other people working in rural areas with effective mechanisms for the prevention of and redress for any action that has the aim or effect of violating their human rights, arbitrarily dispossessing them of their land and
natural resources or of depriving them of their means of subsistence and integrity, and for any form of forced sedentarization or population displacement.
|
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.
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Right to remedy |
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United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
12
1. Peasants and other people working in rural areas have the right to effective and non-discriminatory access to justice, including access to fair procedures for the resolution of disputes and to effective remedies for all infringements of their human rights. Such decisions shall give due consideration to their customs, traditions, rules and legal systems in conformity with relevant obligations under international human rights law.
2. States shall provide for non-discriminatory access, through impartial and competent judicial and administrative bodies, to timely, affordable and effective means of resolving disputes in the language of the persons concerned, and shall provide effective and prompt remedies, which may include a right of appeal, restitution, indemnity, compensation and reparation. 3. Peasants and other people working in rural areas have the right to legal assistance. States shall consider additional measures, including legal aid, to support peasants and other people working in rural areas who would otherwise not have access to administrative and judicial services.
4. States shall consider measures to strengthen relevant national institutions for the promotion and protection of all human rights, including the rights described in the present Declaration.
5. States shall provide peasants and other people working in rural areas with effective mechanisms for the prevention of and redress for any action that has the aim or effect of violating their human rights, arbitrarily dispossessing them of their land and
natural resources or of depriving them of their means of subsistence and integrity, and for any form of forced sedentarization or population displacement.
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Legal recognition and allocation of tenure rights and duties
7. Safeguards |
7.3
Where States intend to recognize or allocate tenure rights, they should first identify all existing tenure rights and right holders, whether recorded or not. Indigenous peoples and other communities with customary tenure systems, smallholders and anyone else who could be affected should be included in the consultation process, consistent with paragraphs 3B.6 and 9.9. States should provide access to justice, consistent with paragraph 4.9 if people believe their tenure rights are not recognized.
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Right to remedy |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
12
1. Peasants and other people working in rural areas have the right to effective and non-discriminatory access to justice, including access to fair procedures for the resolution of disputes and to effective remedies for all infringements of their human rights. Such decisions shall give due consideration to their customs, traditions, rules and legal systems in conformity with relevant obligations under international human rights law.
2. States shall provide for non-discriminatory access, through impartial and competent judicial and administrative bodies, to timely, affordable and effective means of resolving disputes in the language of the persons concerned, and shall provide effective and prompt remedies, which may include a right of appeal, restitution, indemnity, compensation and reparation. 3. Peasants and other people working in rural areas have the right to legal assistance. States shall consider additional measures, including legal aid, to support peasants and other people working in rural areas who would otherwise not have access to administrative and judicial services.
4. States shall consider measures to strengthen relevant national institutions for the promotion and protection of all human rights, including the rights described in the present Declaration.
5. States shall provide peasants and other people working in rural areas with effective mechanisms for the prevention of and redress for any action that has the aim or effect of violating their human rights, arbitrarily dispossessing them of their land and
natural resources or of depriving them of their means of subsistence and integrity, and for any form of forced sedentarization or population displacement.
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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
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Right to remedy |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
12
1. Peasants and other people working in rural areas have the right to effective and non-discriminatory access to justice, including access to fair procedures for the resolution of disputes and to effective remedies for all infringements of their human rights. Such decisions shall give due consideration to their customs, traditions, rules and legal systems in conformity with relevant obligations under international human rights law.
2. States shall provide for non-discriminatory access, through impartial and competent judicial and administrative bodies, to timely, affordable and effective means of resolving disputes in the language of the persons concerned, and shall provide effective and prompt remedies, which may include a right of appeal, restitution, indemnity, compensation and reparation. 3. Peasants and other people working in rural areas have the right to legal assistance. States shall consider additional measures, including legal aid, to support peasants and other people working in rural areas who would otherwise not have access to administrative and judicial services.
4. States shall consider measures to strengthen relevant national institutions for the promotion and protection of all human rights, including the rights described in the present Declaration.
5. States shall provide peasants and other people working in rural areas with effective mechanisms for the prevention of and redress for any action that has the aim or effect of violating their human rights, arbitrarily dispossessing them of their land and
natural resources or of depriving them of their means of subsistence and integrity, and for any form of forced sedentarization or population displacement.
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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.
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Right to remedy |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
12
1. Peasants and other people working in rural areas have the right to effective and non-discriminatory access to justice, including access to fair procedures for the resolution of disputes and to effective remedies for all infringements of their human rights. Such decisions shall give due consideration to their customs, traditions, rules and legal systems in conformity with relevant obligations under international human rights law.
2. States shall provide for non-discriminatory access, through impartial and competent judicial and administrative bodies, to timely, affordable and effective means of resolving disputes in the language of the persons concerned, and shall provide effective and prompt remedies, which may include a right of appeal, restitution, indemnity, compensation and reparation. 3. Peasants and other people working in rural areas have the right to legal assistance. States shall consider additional measures, including legal aid, to support peasants and other people working in rural areas who would otherwise not have access to administrative and judicial services.
4. States shall consider measures to strengthen relevant national institutions for the promotion and protection of all human rights, including the rights described in the present Declaration.
5. States shall provide peasants and other people working in rural areas with effective mechanisms for the prevention of and redress for any action that has the aim or effect of violating their human rights, arbitrarily dispossessing them of their land and
natural resources or of depriving them of their means of subsistence and integrity, and for any form of forced sedentarization or population displacement.
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Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.10
To the extent that resources permit, States should ensure that competent
bodies responsible for land, fisheries and forests have the human, physical, financial and other forms of capacity. Where responsibilities for tenure governance are delegated, the recipients should receive training
and other support so they can perform those responsibilities.
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Right to remedy |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
12
1. Peasants and other people working in rural areas have the right to effective and non-discriminatory access to justice, including access to fair procedures for the resolution of disputes and to effective remedies for all infringements of their human rights. Such decisions shall give due consideration to their customs, traditions, rules and legal systems in conformity with relevant obligations under international human rights law.
2. States shall provide for non-discriminatory access, through impartial and competent judicial and administrative bodies, to timely, affordable and effective means of resolving disputes in the language of the persons concerned, and shall provide effective and prompt remedies, which may include a right of appeal, restitution, indemnity, compensation and reparation. 3. Peasants and other people working in rural areas have the right to legal assistance. States shall consider additional measures, including legal aid, to support peasants and other people working in rural areas who would otherwise not have access to administrative and judicial services.
4. States shall consider measures to strengthen relevant national institutions for the promotion and protection of all human rights, including the rights described in the present Declaration.
5. States shall provide peasants and other people working in rural areas with effective mechanisms for the prevention of and redress for any action that has the aim or effect of violating their human rights, arbitrarily dispossessing them of their land and
natural resources or of depriving them of their means of subsistence and integrity, and for any form of forced sedentarization or population displacement.
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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.
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Right to remedy |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
12
1. Peasants and other people working in rural areas have the right to effective and non-discriminatory access to justice, including access to fair procedures for the resolution of disputes and to effective remedies for all infringements of their human rights. Such decisions shall give due consideration to their customs, traditions, rules and legal systems in conformity with relevant obligations under international human rights law.
2. States shall provide for non-discriminatory access, through impartial and competent judicial and administrative bodies, to timely, affordable and effective means of resolving disputes in the language of the persons concerned, and shall provide effective and prompt remedies, which may include a right of appeal, restitution, indemnity, compensation and reparation. 3. Peasants and other people working in rural areas have the right to legal assistance. States shall consider additional measures, including legal aid, to support peasants and other people working in rural areas who would otherwise not have access to administrative and judicial services.
4. States shall consider measures to strengthen relevant national institutions for the promotion and protection of all human rights, including the rights described in the present Declaration.
5. States shall provide peasants and other people working in rural areas with effective mechanisms for the prevention of and redress for any action that has the aim or effect of violating their human rights, arbitrarily dispossessing them of their land and
natural resources or of depriving them of their means of subsistence and integrity, and for any form of forced sedentarization or population displacement.
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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
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Right to remedy |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
12
1. Peasants and other people working in rural areas have the right to effective and non-discriminatory access to justice, including access to fair procedures for the resolution of disputes and to effective remedies for all infringements of their human rights. Such decisions shall give due consideration to their customs, traditions, rules and legal systems in conformity with relevant obligations under international human rights law.
2. States shall provide for non-discriminatory access, through impartial and competent judicial and administrative bodies, to timely, affordable and effective means of resolving disputes in the language of the persons concerned, and shall provide effective and prompt remedies, which may include a right of appeal, restitution, indemnity, compensation and reparation. 3. Peasants and other people working in rural areas have the right to legal assistance. States shall consider additional measures, including legal aid, to support peasants and other people working in rural areas who would otherwise not have access to administrative and judicial services.
4. States shall consider measures to strengthen relevant national institutions for the promotion and protection of all human rights, including the rights described in the present Declaration.
5. States shall provide peasants and other people working in rural areas with effective mechanisms for the prevention of and redress for any action that has the aim or effect of violating their human rights, arbitrarily dispossessing them of their land and
natural resources or of depriving them of their means of subsistence and integrity, and for any form of forced sedentarization or population displacement.
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Legal recognition and allocation of tenure rights and duties
10. Informal tenure |
10.5
States should endeavour to prevent corruption, particularly through increasing transparency, holding decision-makers accountable, and ensuring that impartial decisions are delivered promptly
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Right to remedy |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
12
1. Peasants and other people working in rural areas have the right to effective and non-discriminatory access to justice, including access to fair procedures for the resolution of disputes and to effective remedies for all infringements of their human rights. Such decisions shall give due consideration to their customs, traditions, rules and legal systems in conformity with relevant obligations under international human rights law.
2. States shall provide for non-discriminatory access, through impartial and competent judicial and administrative bodies, to timely, affordable and effective means of resolving disputes in the language of the persons concerned, and shall provide effective and prompt remedies, which may include a right of appeal, restitution, indemnity, compensation and reparation. 3. Peasants and other people working in rural areas have the right to legal assistance. States shall consider additional measures, including legal aid, to support peasants and other people working in rural areas who would otherwise not have access to administrative and judicial services.
4. States shall consider measures to strengthen relevant national institutions for the promotion and protection of all human rights, including the rights described in the present Declaration.
5. States shall provide peasants and other people working in rural areas with effective mechanisms for the prevention of and redress for any action that has the aim or effect of violating their human rights, arbitrarily dispossessing them of their land and
natural resources or of depriving them of their means of subsistence and integrity, and for any form of forced sedentarization or population displacement.
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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
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Right to remedy |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
12
1. Peasants and other people working in rural areas have the right to effective and non-discriminatory access to justice, including access to fair procedures for the resolution of disputes and to effective remedies for all infringements of their human rights. Such decisions shall give due consideration to their customs, traditions, rules and legal systems in conformity with relevant obligations under international human rights law.
2. States shall provide for non-discriminatory access, through impartial and competent judicial and administrative bodies, to timely, affordable and effective means of resolving disputes in the language of the persons concerned, and shall provide effective and prompt remedies, which may include a right of appeal, restitution, indemnity, compensation and reparation. 3. Peasants and other people working in rural areas have the right to legal assistance. States shall consider additional measures, including legal aid, to support peasants and other people working in rural areas who would otherwise not have access to administrative and judicial services.
4. States shall consider measures to strengthen relevant national institutions for the promotion and protection of all human rights, including the rights described in the present Declaration.
5. States shall provide peasants and other people working in rural areas with effective mechanisms for the prevention of and redress for any action that has the aim or effect of violating their human rights, arbitrarily dispossessing them of their land and
natural resources or of depriving them of their means of subsistence and integrity, and for any form of forced sedentarization or population displacement.
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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
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Right to remedy |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
12
1. Peasants and other people working in rural areas have the right to effective and non-discriminatory access to justice, including access to fair procedures for the resolution of disputes and to effective remedies for all infringements of their human rights. Such decisions shall give due consideration to their customs, traditions, rules and legal systems in conformity with relevant obligations under international human rights law.
2. States shall provide for non-discriminatory access, through impartial and competent judicial and administrative bodies, to timely, affordable and effective means of resolving disputes in the language of the persons concerned, and shall provide effective and prompt remedies, which may include a right of appeal, restitution, indemnity, compensation and reparation. 3. Peasants and other people working in rural areas have the right to legal assistance. States shall consider additional measures, including legal aid, to support peasants and other people working in rural areas who would otherwise not have access to administrative and judicial services.
4. States shall consider measures to strengthen relevant national institutions for the promotion and protection of all human rights, including the rights described in the present Declaration.
5. States shall provide peasants and other people working in rural areas with effective mechanisms for the prevention of and redress for any action that has the aim or effect of violating their human rights, arbitrarily dispossessing them of their land and
natural resources or of depriving them of their means of subsistence and integrity, and for any form of forced sedentarization or population displacement.
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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.
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Right to remedy |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
12
1. Peasants and other people working in rural areas have the right to effective and non-discriminatory access to justice, including access to fair procedures for the resolution of disputes and to effective remedies for all infringements of their human rights. Such decisions shall give due consideration to their customs, traditions, rules and legal systems in conformity with relevant obligations under international human rights law.
2. States shall provide for non-discriminatory access, through impartial and competent judicial and administrative bodies, to timely, affordable and effective means of resolving disputes in the language of the persons concerned, and shall provide effective and prompt remedies, which may include a right of appeal, restitution, indemnity, compensation and reparation. 3. Peasants and other people working in rural areas have the right to legal assistance. States shall consider additional measures, including legal aid, to support peasants and other people working in rural areas who would otherwise not have access to administrative and judicial services.
4. States shall consider measures to strengthen relevant national institutions for the promotion and protection of all human rights, including the rights described in the present Declaration.
5. States shall provide peasants and other people working in rural areas with effective mechanisms for the prevention of and redress for any action that has the aim or effect of violating their human rights, arbitrarily dispossessing them of their land and
natural resources or of depriving them of their means of subsistence and integrity, and for any form of forced sedentarization or population displacement.
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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.
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Right to remedy |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
17.5
Peasants and other people working in rural areas who have been arbitrarily or unlawfully deprived of their lands have the right, individually and/or collectively, in association with others or as a community, to return to their land of which they were arbitrarily or unlawfully deprived, including in cases of natural disasters and/or armed conflict and to have restored their access to the natural resources used in their activities and necessary for the enjoyment of adequate living conditions, whenever possible, or to receive just, fair and lawful compensation when their return is not possible.
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General matters
3. Guiding principles of responsible tenure governance |
3.1.4
States should: Provide access to justice to deal with infringements of legitimate tenure rights. They should provide effective and accessible means to everyone, through judicial authorities or other approaches, to
resolve disputes over tenure rights; and to provide affordable and prompt enforcement of outcomes. States should provide prompt, just compensation where tenure rights are taken for public purposes.
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Right to remedy |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
17.5
Peasants and other people working in rural areas who have been arbitrarily or unlawfully deprived of their lands have the right, individually and/or collectively, in association with others or as a community, to return to their land of which they were arbitrarily or unlawfully deprived, including in cases of natural disasters and/or armed conflict and to have restored their access to the natural resources used in their activities and necessary for the enjoyment of adequate living conditions, whenever possible, or to receive just, fair and lawful compensation when their return is not possible.
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General matters
3. Guiding principles of responsible tenure governance |
3.2
Non-state actors including business enterprises have a responsibility to respect human rights and legitimate tenure rights. Business enterprises should act with due diligence to avoid infringing on the human rights and
legitimate tenure rights of others. They should include appropriate risk management systems to prevent and address adverse impacts on human rights and legitimate tenure rights. Business enterprises should provide for
and cooperate in non-judicial mechanisms to provide remedy, including effective operational-level grievance mechanisms, where appropriate, where they have caused or contributed to adverse impacts on human rights and legitimate tenure rights. Business enterprises should identify and assess any actual or potential impacts on human rights and legitimate tenure rights in which they may be involved. States, in accordance with their international obligations, should provide access to effective judicial remedies for negative impacts on human rights and legitimate tenure rights by business enterprises. Where transnational corporations are involved, their home States have roles to play in assisting both those corporations and host States to ensure that businesses are not involved in abuse of human rights and legitimate tenure rights. States should take additional steps to protect against abuses of human rights and legitimate tenure rights by business enterprises that are owned or controlled by the State, or that receive substantial support and service from State agencies.
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Right to remedy |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
17.5
Peasants and other people working in rural areas who have been arbitrarily or unlawfully deprived of their lands have the right, individually and/or collectively, in association with others or as a community, to return to their land of which they were arbitrarily or unlawfully deprived, including in cases of natural disasters and/or armed conflict and to have restored their access to the natural resources used in their activities and necessary for the enjoyment of adequate living conditions, whenever possible, or to receive just, fair and lawful compensation when their return is not possible.
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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.
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Right to remedy |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
17.5
Peasants and other people working in rural areas who have been arbitrarily or unlawfully deprived of their lands have the right, individually and/or collectively, in association with others or as a community, to return to their land of which they were arbitrarily or unlawfully deprived, including in cases of natural disasters and/or armed conflict and to have restored their access to the natural resources used in their activities and necessary for the enjoyment of adequate living conditions, whenever possible, or to receive just, fair and lawful compensation when their return is not possible.
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General matters
4. Rights and responsibilities related to tenure |
4.8
Given that all human rights are universal, indivisible, interdependent and interrelated, the governance of tenure of land, fisheries and forests should
not only take into account rights that are directly linked to access and use of land, fisheries and forests, but also all civil, political, economic, social and cultural rights. In doing so, States should respect and protect the civil and political rights of defenders of human rights, including the human rights of peasants, indigenous peoples, fishers, pastoralists and rural workers, and should observe their human rights obligations when dealing with individuals and associations acting in defence of land, fisheries and forests.
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Right to remedy |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
17.5
Peasants and other people working in rural areas who have been arbitrarily or unlawfully deprived of their lands have the right, individually and/or collectively, in association with others or as a community, to return to their land of which they were arbitrarily or unlawfully deprived, including in cases of natural disasters and/or armed conflict and to have restored their access to the natural resources used in their activities and necessary for the enjoyment of adequate living conditions, whenever possible, or to receive just, fair and lawful compensation when their return is not possible.
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General matters
4. Rights and responsibilities related to tenure |
4.9
States should provide access through impartial and competent judicial and administrative bodies to timely, affordable and effective means of resolving disputes over tenure rights, including alternative means of
resolving such disputes, and should provide effective remedies, which may include a right of appeal, as appropriate. Such remedies should be
promptly enforced and may include restitution, indemnity, compensation and reparation. States should strive to ensure that vulnerable and marginalized persons have access to such means, in line with paragraphs 6.6 and 21.6. States should ensure that any person whose human rights are violated in the context of tenure has access to such means of dispute
resolution and remedies
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Right to remedy |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
17.5
Peasants and other people working in rural areas who have been arbitrarily or unlawfully deprived of their lands have the right, individually and/or collectively, in association with others or as a community, to return to their land of which they were arbitrarily or unlawfully deprived, including in cases of natural disasters and/or armed conflict and to have restored their access to the natural resources used in their activities and necessary for the enjoyment of adequate living conditions, whenever possible, or to receive just, fair and lawful compensation when their return is not possible.
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General matters
5. Policy, legal and organizational frameworks related to tenure |
5.1
States should provide and maintain policy, legal and organizational frameworks that promote responsible governance of tenure of land, fisheries and forests. These frameworks are dependent on, and are
supported by broader reforms to the legal system, public service and judicial authorities
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Right to remedy |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
17.5
Peasants and other people working in rural areas who have been arbitrarily or unlawfully deprived of their lands have the right, individually and/or collectively, in association with others or as a community, to return to their land of which they were arbitrarily or unlawfully deprived, including in cases of natural disasters and/or armed conflict and to have restored their access to the natural resources used in their activities and necessary for the enjoyment of adequate living conditions, whenever possible, or to receive just, fair and lawful compensation when their return is not possible.
|
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.
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Right to remedy |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
17.5
Peasants and other people working in rural areas who have been arbitrarily or unlawfully deprived of their lands have the right, individually and/or collectively, in association with others or as a community, to return to their land of which they were arbitrarily or unlawfully deprived, including in cases of natural disasters and/or armed conflict and to have restored their access to the natural resources used in their activities and necessary for the enjoyment of adequate living conditions, whenever possible, or to receive just, fair and lawful compensation when their return is not possible.
|
General matters
5. Policy, legal and organizational frameworks related to tenure |
5.6
States should place responsibilities at levels of government that can most effectively deliver services to the people. States should clearly define the
roles and responsibilities of agencies dealing with tenure of land, fisheries and forests. States should ensure coordination between implementing agencies, as well as with local governments, and indigenous peoples and other communities with customary tenure systems
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Right to remedy |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
17.5
Peasants and other people working in rural areas who have been arbitrarily or unlawfully deprived of their lands have the right, individually and/or collectively, in association with others or as a community, to return to their land of which they were arbitrarily or unlawfully deprived, including in cases of natural disasters and/or armed conflict and to have restored their access to the natural resources used in their activities and necessary for the enjoyment of adequate living conditions, whenever possible, or to receive just, fair and lawful compensation when their return is not possible.
|
General matters
5. Policy, legal and organizational frameworks related to tenure |
5.8
States and other parties should regularly review and monitor policy, legal and organizational frameworks to maintain their effectiveness. Implementing agencies and judicial authorities should engage with civil society, user representatives and the broader public to improve services and endeavour to prevent corruption through transparent processes and decision-making. Information about changes and their anticipated impacts should be clearly stated and widely publicized in applicable languages.
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Right to remedy |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
17.5
Peasants and other people working in rural areas who have been arbitrarily or unlawfully deprived of their lands have the right, individually and/or collectively, in association with others or as a community, to return to their land of which they were arbitrarily or unlawfully deprived, including in cases of natural disasters and/or armed conflict and to have restored their access to the natural resources used in their activities and necessary for the enjoyment of adequate living conditions, whenever possible, or to receive just, fair and lawful compensation when their return is not possible.
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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
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Right to remedy |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
17.5
Peasants and other people working in rural areas who have been arbitrarily or unlawfully deprived of their lands have the right, individually and/or collectively, in association with others or as a community, to return to their land of which they were arbitrarily or unlawfully deprived, including in cases of natural disasters and/or armed conflict and to have restored their access to the natural resources used in their activities and necessary for the enjoyment of adequate living conditions, whenever possible, or to receive just, fair and lawful compensation when their return is not possible.
|
General matters
6. Delivery of services |
6.3
States should provide prompt, accessible and non-discriminatory services to protect tenure rights, to promote and facilitate the enjoyment of those
rights, and to resolve disputes. States should eliminate unnecessary legal and procedural requirements and strive to overcome barriers related to
tenure rights. States should review services of implementing agencies and
judicial authorities, and introduce improvements where required.
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Right to remedy |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
17.5
Peasants and other people working in rural areas who have been arbitrarily or unlawfully deprived of their lands have the right, individually and/or collectively, in association with others or as a community, to return to their land of which they were arbitrarily or unlawfully deprived, including in cases of natural disasters and/or armed conflict and to have restored their access to the natural resources used in their activities and necessary for the enjoyment of adequate living conditions, whenever possible, or to receive just, fair and lawful compensation when their return is not possible.
|
General matters
6. Delivery of services |
6.3
States should provide prompt, accessible and non-discriminatory services to protect tenure rights, to promote and facilitate the enjoyment of those
rights, and to resolve disputes. States should eliminate unnecessary legal and procedural requirements and strive to overcome barriers related to
tenure rights. States should review services of implementing agencies and
judicial authorities, and introduce improvements where required.
|
Right to remedy |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
17.5
Peasants and other people working in rural areas who have been arbitrarily or unlawfully deprived of their lands have the right, individually and/or collectively, in association with others or as a community, to return to their land of which they were arbitrarily or unlawfully deprived, including in cases of natural disasters and/or armed conflict and to have restored their access to the natural resources used in their activities and necessary for the enjoyment of adequate living conditions, whenever possible, or to receive just, fair and lawful compensation when their return is not possible.
|
General matters
6. Delivery of services |
6.4
States should ensure that implementing agencies and judicial authorities
serve the entire population, delivering services to all, including those in
remote locations. Services should be provided promptly and efficiently
using locally suitable technology to increase efficiency and accessibility.
Internal guidelines should be established so that staff can implement
policies and laws in a reliable and consistent manner. Procedures should
be simplified without threatening tenure security or quality of justice.
Explanatory materials should be widely publicized in ap
|
Right to remedy |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
17.5
Peasants and other people working in rural areas who have been arbitrarily or unlawfully deprived of their lands have the right, individually and/or collectively, in association with others or as a community, to return to their land of which they were arbitrarily or unlawfully deprived, including in cases of natural disasters and/or armed conflict and to have restored their access to the natural resources used in their activities and necessary for the enjoyment of adequate living conditions, whenever possible, or to receive just, fair and lawful compensation when their return is not possible.
|
General matters
6. Delivery of services |
6.4
States should ensure that implementing agencies and judicial authorities
serve the entire population, delivering services to all, including those in
remote locations. Services should be provided promptly and efficiently
using locally suitable technology to increase efficiency and accessibility.
Internal guidelines should be established so that staff can implement
policies and laws in a reliable and consistent manner. Procedures should
be simplified without threatening tenure security or quality of justice.
Explanatory materials should be widely publicized in ap
|
Right to remedy |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
17.5
Peasants and other people working in rural areas who have been arbitrarily or unlawfully deprived of their lands have the right, individually and/or collectively, in association with others or as a community, to return to their land of which they were arbitrarily or unlawfully deprived, including in cases of natural disasters and/or armed conflict and to have restored their access to the natural resources used in their activities and necessary for the enjoyment of adequate living conditions, whenever possible, or to receive just, fair and lawful compensation when their return is not possible.
|
General matters
6. Delivery of services |
6.4
States should ensure that implementing agencies and judicial authorities
serve the entire population, delivering services to all, including those in
remote locations. Services should be provided promptly and efficiently
using locally suitable technology to increase efficiency and accessibility.
Internal guidelines should be established so that staff can implement
policies and laws in a reliable and consistent manner. Procedures should
be simplified without threatening tenure security or quality of justice.
Explanatory materials should be widely publicized in ap
|
Right to remedy |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
17.5
Peasants and other people working in rural areas who have been arbitrarily or unlawfully deprived of their lands have the right, individually and/or collectively, in association with others or as a community, to return to their land of which they were arbitrarily or unlawfully deprived, including in cases of natural disasters and/or armed conflict and to have restored their access to the natural resources used in their activities and necessary for the enjoyment of adequate living conditions, whenever possible, or to receive just, fair and lawful compensation when their return is not possible.
|
General matters
6. Delivery of services |
6.6
States and other parties should consider additional measures to support
vulnerable or marginalized groups who could not otherwise access
administrative and judicial services. These measures should include legal
support, such as affordable legal aid, and may also include the provision
of services of paralegals or parasurveyors, and mobile services for remote
communities and mobile indigenous peoples
|
Right to remedy |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
17.5
Peasants and other people working in rural areas who have been arbitrarily or unlawfully deprived of their lands have the right, individually and/or collectively, in association with others or as a community, to return to their land of which they were arbitrarily or unlawfully deprived, including in cases of natural disasters and/or armed conflict and to have restored their access to the natural resources used in their activities and necessary for the enjoyment of adequate living conditions, whenever possible, or to receive just, fair and lawful compensation when their return is not possible.
|
General matters
6. Delivery of services |
6.7
States should encourage implementing agencies and judicial authorities to foster a culture based on service and ethical behaviour. Agencies and
judicial authorities should seek regular feedback, such as through surveys and focus groups, to raise standards and improve delivery of services,
to meet expectations, and to satisfy new needs. They should publish performance standards and report regularly on results. Users should have
means of addressing complaints either within the implementing agency, such as by administrative review, or externally, such as by an independent
review or through an ombudsman
|
Right to remedy |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
17.5
Peasants and other people working in rural areas who have been arbitrarily or unlawfully deprived of their lands have the right, individually and/or collectively, in association with others or as a community, to return to their land of which they were arbitrarily or unlawfully deprived, including in cases of natural disasters and/or armed conflict and to have restored their access to the natural resources used in their activities and necessary for the enjoyment of adequate living conditions, whenever possible, or to receive just, fair and lawful compensation when their return is not possible.
|
General matters
6. Delivery of services |
6.7
States should encourage implementing agencies and judicial authorities to foster a culture based on service and ethical behaviour. Agencies and
judicial authorities should seek regular feedback, such as through surveys and focus groups, to raise standards and improve delivery of services,
to meet expectations, and to satisfy new needs. They should publish performance standards and report regularly on results. Users should have
means of addressing complaints either within the implementing agency, such as by administrative review, or externally, such as by an independent
review or through an ombudsman
|
Right to remedy |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
17.5
Peasants and other people working in rural areas who have been arbitrarily or unlawfully deprived of their lands have the right, individually and/or collectively, in association with others or as a community, to return to their land of which they were arbitrarily or unlawfully deprived, including in cases of natural disasters and/or armed conflict and to have restored their access to the natural resources used in their activities and necessary for the enjoyment of adequate living conditions, whenever possible, or to receive just, fair and lawful compensation when their return is not possible.
|
General matters
6. Delivery of services |
6.8
Relevant professional associations for services related to tenure should develop, publicize and monitor the implementation of high levels of
ethical behaviour. Public and private sector parties should adhere to
applicable ethical standards, and be subject to disciplinary action in case
of violations. Where such associations do not exist, States should ensure
an environment conducive to their establishment.
|
Right to remedy |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
17.5
Peasants and other people working in rural areas who have been arbitrarily or unlawfully deprived of their lands have the right, individually and/or collectively, in association with others or as a community, to return to their land of which they were arbitrarily or unlawfully deprived, including in cases of natural disasters and/or armed conflict and to have restored their access to the natural resources used in their activities and necessary for the enjoyment of adequate living conditions, whenever possible, or to receive just, fair and lawful compensation when their return is not possible.
|
General matters
6. Delivery of services |
6.9
States and non-state actors should endeavour to prevent corruption with
regard to tenure rights. States should do so particularly through consultation
and participation, rule of law, transparency and accountability. States
should adopt and enforce anti-corruption measures including applying
checks and balances, limiting the arbitrary use of power, addressing
conflicts of interest and adopting clear rules and regulations. States
should provide for the administrative and/or judicial review of decisions
of implementing agencies. Staff working on the administration of tenure
should be held accountable for their actions. They should be provided with
the means of conducting their duties effectively. They should be protected
against interference in their duties and from retaliation for reporting acts
of corruption
|
Right to remedy |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
17.5
Peasants and other people working in rural areas who have been arbitrarily or unlawfully deprived of their lands have the right, individually and/or collectively, in association with others or as a community, to return to their land of which they were arbitrarily or unlawfully deprived, including in cases of natural disasters and/or armed conflict and to have restored their access to the natural resources used in their activities and necessary for the enjoyment of adequate living conditions, whenever possible, or to receive just, fair and lawful compensation when their return is not possible.
|
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 remedy |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
17.5
Peasants and other people working in rural areas who have been arbitrarily or unlawfully deprived of their lands have the right, individually and/or collectively, in association with others or as a community, to return to their land of which they were arbitrarily or unlawfully deprived, including in cases of natural disasters and/or armed conflict and to have restored their access to the natural resources used in their activities and necessary for the enjoyment of adequate living conditions, whenever possible, or to receive just, fair and lawful compensation when their return is not possible.
|
Legal recognition and allocation of tenure rights and duties
7. Safeguards |
7.3
Where States intend to recognize or allocate tenure rights, they should first identify all existing tenure rights and right holders, whether recorded or not. Indigenous peoples and other communities with customary tenure systems, smallholders and anyone else who could be affected should be included in the consultation process, consistent with paragraphs 3B.6 and 9.9. States should provide access to justice, consistent with paragraph 4.9 if people believe their tenure rights are not recognized.
|
Right to remedy |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
17.5
Peasants and other people working in rural areas who have been arbitrarily or unlawfully deprived of their lands have the right, individually and/or collectively, in association with others or as a community, to return to their land of which they were arbitrarily or unlawfully deprived, including in cases of natural disasters and/or armed conflict and to have restored their access to the natural resources used in their activities and necessary for the enjoyment of adequate living conditions, whenever possible, or to receive just, fair and lawful compensation when their return is not possible.
|
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 remedy |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
17.5
Peasants and other people working in rural areas who have been arbitrarily or unlawfully deprived of their lands have the right, individually and/or collectively, in association with others or as a community, to return to their land of which they were arbitrarily or unlawfully deprived, including in cases of natural disasters and/or armed conflict and to have restored their access to the natural resources used in their activities and necessary for the enjoyment of adequate living conditions, whenever possible, or to receive just, fair and lawful compensation when their return is not possible.
|
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 remedy |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
17.5
Peasants and other people working in rural areas who have been arbitrarily or unlawfully deprived of their lands have the right, individually and/or collectively, in association with others or as a community, to return to their land of which they were arbitrarily or unlawfully deprived, including in cases of natural disasters and/or armed conflict and to have restored their access to the natural resources used in their activities and necessary for the enjoyment of adequate living conditions, whenever possible, or to receive just, fair and lawful compensation when their return is not possible.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.10
To the extent that resources permit, States should ensure that competent
bodies responsible for land, fisheries and forests have the human, physical, financial and other forms of capacity. Where responsibilities for tenure governance are delegated, the recipients should receive training
and other support so they can perform those responsibilities.
|
Right to remedy |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
17.5
Peasants and other people working in rural areas who have been arbitrarily or unlawfully deprived of their lands have the right, individually and/or collectively, in association with others or as a community, to return to their land of which they were arbitrarily or unlawfully deprived, including in cases of natural disasters and/or armed conflict and to have restored their access to the natural resources used in their activities and necessary for the enjoyment of adequate living conditions, whenever possible, or to receive just, fair and lawful compensation when their return is not possible.
|
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 remedy |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
17.5
Peasants and other people working in rural areas who have been arbitrarily or unlawfully deprived of their lands have the right, individually and/or collectively, in association with others or as a community, to return to their land of which they were arbitrarily or unlawfully deprived, including in cases of natural disasters and/or armed conflict and to have restored their access to the natural resources used in their activities and necessary for the enjoyment of adequate living conditions, whenever possible, or to receive just, fair and lawful compensation when their return is not possible.
|
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 remedy |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
17.5
Peasants and other people working in rural areas who have been arbitrarily or unlawfully deprived of their lands have the right, individually and/or collectively, in association with others or as a community, to return to their land of which they were arbitrarily or unlawfully deprived, including in cases of natural disasters and/or armed conflict and to have restored their access to the natural resources used in their activities and necessary for the enjoyment of adequate living conditions, whenever possible, or to receive just, fair and lawful compensation when their return is not possible.
|
Legal recognition and allocation of tenure rights and duties
10. Informal tenure |
10.5
States should endeavour to prevent corruption, particularly through increasing transparency, holding decision-makers accountable, and ensuring that impartial decisions are delivered promptly
|
Right to remedy |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
17.5
Peasants and other people working in rural areas who have been arbitrarily or unlawfully deprived of their lands have the right, individually and/or collectively, in association with others or as a community, to return to their land of which they were arbitrarily or unlawfully deprived, including in cases of natural disasters and/or armed conflict and to have restored their access to the natural resources used in their activities and necessary for the enjoyment of adequate living conditions, whenever possible, or to receive just, fair and lawful compensation when their return is not possible.
|
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 remedy |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
17.5
Peasants and other people working in rural areas who have been arbitrarily or unlawfully deprived of their lands have the right, individually and/or collectively, in association with others or as a community, to return to their land of which they were arbitrarily or unlawfully deprived, including in cases of natural disasters and/or armed conflict and to have restored their access to the natural resources used in their activities and necessary for the enjoyment of adequate living conditions, whenever possible, or to receive just, fair and lawful compensation when their return is not possible.
|
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 remedy |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
17.5
Peasants and other people working in rural areas who have been arbitrarily or unlawfully deprived of their lands have the right, individually and/or collectively, in association with others or as a community, to return to their land of which they were arbitrarily or unlawfully deprived, including in cases of natural disasters and/or armed conflict and to have restored their access to the natural resources used in their activities and necessary for the enjoyment of adequate living conditions, whenever possible, or to receive just, fair and lawful compensation when their return is not possible.
|
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 remedy |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
17.5
Peasants and other people working in rural areas who have been arbitrarily or unlawfully deprived of their lands have the right, individually and/or collectively, in association with others or as a community, to return to their land of which they were arbitrarily or unlawfully deprived, including in cases of natural disasters and/or armed conflict and to have restored their access to the natural resources used in their activities and necessary for the enjoyment of adequate living conditions, whenever possible, or to receive just, fair and lawful compensation when their return is not possible.
|
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 remedy |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
10
Indigenous peoples shall not be forcibly removed from their lands or territories. No relocation shall take place without the free, prior and informed consent of the indigenous peoples concerned and after agreement on just and fair
compensation and, where possible, with the option of return.
|
General matters
3. Guiding principles of responsible tenure governance |
3.1.4
States should: Provide access to justice to deal with infringements of legitimate tenure rights. They should provide effective and accessible means to everyone, through judicial authorities or other approaches, to
resolve disputes over tenure rights; and to provide affordable and prompt enforcement of outcomes. States should provide prompt, just compensation where tenure rights are taken for public purposes.
|
Right to remedy |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
10
Indigenous peoples shall not be forcibly removed from their lands or territories. No relocation shall take place without the free, prior and informed consent of the indigenous peoples concerned and after agreement on just and fair
compensation and, where possible, with the option of return.
|
General matters
3. Guiding principles of responsible tenure governance |
3.2
Non-state actors including business enterprises have a responsibility to respect human rights and legitimate tenure rights. Business enterprises should act with due diligence to avoid infringing on the human rights and
legitimate tenure rights of others. They should include appropriate risk management systems to prevent and address adverse impacts on human rights and legitimate tenure rights. Business enterprises should provide for
and cooperate in non-judicial mechanisms to provide remedy, including effective operational-level grievance mechanisms, where appropriate, where they have caused or contributed to adverse impacts on human rights and legitimate tenure rights. Business enterprises should identify and assess any actual or potential impacts on human rights and legitimate tenure rights in which they may be involved. States, in accordance with their international obligations, should provide access to effective judicial remedies for negative impacts on human rights and legitimate tenure rights by business enterprises. Where transnational corporations are involved, their home States have roles to play in assisting both those corporations and host States to ensure that businesses are not involved in abuse of human rights and legitimate tenure rights. States should take additional steps to protect against abuses of human rights and legitimate tenure rights by business enterprises that are owned or controlled by the State, or that receive substantial support and service from State agencies.
|
Right to remedy |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
10
Indigenous peoples shall not be forcibly removed from their lands or territories. No relocation shall take place without the free, prior and informed consent of the indigenous peoples concerned and after agreement on just and fair
compensation and, where possible, with the option of return.
|
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 remedy |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
10
Indigenous peoples shall not be forcibly removed from their lands or territories. No relocation shall take place without the free, prior and informed consent of the indigenous peoples concerned and after agreement on just and fair
compensation and, where possible, with the option of return.
|
General matters
4. Rights and responsibilities related to tenure |
4.8
Given that all human rights are universal, indivisible, interdependent and interrelated, the governance of tenure of land, fisheries and forests should
not only take into account rights that are directly linked to access and use of land, fisheries and forests, but also all civil, political, economic, social and cultural rights. In doing so, States should respect and protect the civil and political rights of defenders of human rights, including the human rights of peasants, indigenous peoples, fishers, pastoralists and rural workers, and should observe their human rights obligations when dealing with individuals and associations acting in defence of land, fisheries and forests.
|
Right to remedy |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
10
Indigenous peoples shall not be forcibly removed from their lands or territories. No relocation shall take place without the free, prior and informed consent of the indigenous peoples concerned and after agreement on just and fair
compensation and, where possible, with the option of return.
|
General matters
4. Rights and responsibilities related to tenure |
4.9
States should provide access through impartial and competent judicial and administrative bodies to timely, affordable and effective means of resolving disputes over tenure rights, including alternative means of
resolving such disputes, and should provide effective remedies, which may include a right of appeal, as appropriate. Such remedies should be
promptly enforced and may include restitution, indemnity, compensation and reparation. States should strive to ensure that vulnerable and marginalized persons have access to such means, in line with paragraphs 6.6 and 21.6. States should ensure that any person whose human rights are violated in the context of tenure has access to such means of dispute
resolution and remedies
|
Right to remedy |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
10
Indigenous peoples shall not be forcibly removed from their lands or territories. No relocation shall take place without the free, prior and informed consent of the indigenous peoples concerned and after agreement on just and fair
compensation and, where possible, with the option of return.
|
General matters
5. Policy, legal and organizational frameworks related to tenure |
5.1
States should provide and maintain policy, legal and organizational frameworks that promote responsible governance of tenure of land, fisheries and forests. These frameworks are dependent on, and are
supported by broader reforms to the legal system, public service and judicial authorities
|
Right to remedy |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
10
Indigenous peoples shall not be forcibly removed from their lands or territories. No relocation shall take place without the free, prior and informed consent of the indigenous peoples concerned and after agreement on just and fair
compensation and, where possible, with the option of return.
|
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 remedy |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
10
Indigenous peoples shall not be forcibly removed from their lands or territories. No relocation shall take place without the free, prior and informed consent of the indigenous peoples concerned and after agreement on just and fair
compensation and, where possible, with the option of return.
|
General matters
5. Policy, legal and organizational frameworks related to tenure |
5.6
States should place responsibilities at levels of government that can most effectively deliver services to the people. States should clearly define the
roles and responsibilities of agencies dealing with tenure of land, fisheries and forests. States should ensure coordination between implementing agencies, as well as with local governments, and indigenous peoples and other communities with customary tenure systems
|
Right to remedy |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
10
Indigenous peoples shall not be forcibly removed from their lands or territories. No relocation shall take place without the free, prior and informed consent of the indigenous peoples concerned and after agreement on just and fair
compensation and, where possible, with the option of return.
|
General matters
5. Policy, legal and organizational frameworks related to tenure |
5.8
States and other parties should regularly review and monitor policy, legal and organizational frameworks to maintain their effectiveness. Implementing agencies and judicial authorities should engage with civil society, user representatives and the broader public to improve services and endeavour to prevent corruption through transparent processes and decision-making. Information about changes and their anticipated impacts should be clearly stated and widely publicized in applicable languages.
|
Right to remedy |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
10
Indigenous peoples shall not be forcibly removed from their lands or territories. No relocation shall take place without the free, prior and informed consent of the indigenous peoples concerned and after agreement on just and fair
compensation and, where possible, with the option of return.
|
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 remedy |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
10
Indigenous peoples shall not be forcibly removed from their lands or territories. No relocation shall take place without the free, prior and informed consent of the indigenous peoples concerned and after agreement on just and fair
compensation and, where possible, with the option of return.
|
General matters
6. Delivery of services |
6.3
States should provide prompt, accessible and non-discriminatory services to protect tenure rights, to promote and facilitate the enjoyment of those
rights, and to resolve disputes. States should eliminate unnecessary legal and procedural requirements and strive to overcome barriers related to
tenure rights. States should review services of implementing agencies and
judicial authorities, and introduce improvements where required.
|
Right to remedy |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
10
Indigenous peoples shall not be forcibly removed from their lands or territories. No relocation shall take place without the free, prior and informed consent of the indigenous peoples concerned and after agreement on just and fair
compensation and, where possible, with the option of return.
|
General matters
6. Delivery of services |
6.3
States should provide prompt, accessible and non-discriminatory services to protect tenure rights, to promote and facilitate the enjoyment of those
rights, and to resolve disputes. States should eliminate unnecessary legal and procedural requirements and strive to overcome barriers related to
tenure rights. States should review services of implementing agencies and
judicial authorities, and introduce improvements where required.
|
Right to remedy |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
10
Indigenous peoples shall not be forcibly removed from their lands or territories. No relocation shall take place without the free, prior and informed consent of the indigenous peoples concerned and after agreement on just and fair
compensation and, where possible, with the option of return.
|
General matters
6. Delivery of services |
6.4
States should ensure that implementing agencies and judicial authorities
serve the entire population, delivering services to all, including those in
remote locations. Services should be provided promptly and efficiently
using locally suitable technology to increase efficiency and accessibility.
Internal guidelines should be established so that staff can implement
policies and laws in a reliable and consistent manner. Procedures should
be simplified without threatening tenure security or quality of justice.
Explanatory materials should be widely publicized in ap
|
Right to remedy |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
10
Indigenous peoples shall not be forcibly removed from their lands or territories. No relocation shall take place without the free, prior and informed consent of the indigenous peoples concerned and after agreement on just and fair
compensation and, where possible, with the option of return.
|
General matters
6. Delivery of services |
6.4
States should ensure that implementing agencies and judicial authorities
serve the entire population, delivering services to all, including those in
remote locations. Services should be provided promptly and efficiently
using locally suitable technology to increase efficiency and accessibility.
Internal guidelines should be established so that staff can implement
policies and laws in a reliable and consistent manner. Procedures should
be simplified without threatening tenure security or quality of justice.
Explanatory materials should be widely publicized in ap
|
Right to remedy |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
10
Indigenous peoples shall not be forcibly removed from their lands or territories. No relocation shall take place without the free, prior and informed consent of the indigenous peoples concerned and after agreement on just and fair
compensation and, where possible, with the option of return.
|
General matters
6. Delivery of services |
6.4
States should ensure that implementing agencies and judicial authorities
serve the entire population, delivering services to all, including those in
remote locations. Services should be provided promptly and efficiently
using locally suitable technology to increase efficiency and accessibility.
Internal guidelines should be established so that staff can implement
policies and laws in a reliable and consistent manner. Procedures should
be simplified without threatening tenure security or quality of justice.
Explanatory materials should be widely publicized in ap
|
Right to remedy |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
10
Indigenous peoples shall not be forcibly removed from their lands or territories. No relocation shall take place without the free, prior and informed consent of the indigenous peoples concerned and after agreement on just and fair
compensation and, where possible, with the option of return.
|
General matters
6. Delivery of services |
6.6
States and other parties should consider additional measures to support
vulnerable or marginalized groups who could not otherwise access
administrative and judicial services. These measures should include legal
support, such as affordable legal aid, and may also include the provision
of services of paralegals or parasurveyors, and mobile services for remote
communities and mobile indigenous peoples
|
Right to remedy |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
10
Indigenous peoples shall not be forcibly removed from their lands or territories. No relocation shall take place without the free, prior and informed consent of the indigenous peoples concerned and after agreement on just and fair
compensation and, where possible, with the option of return.
|
General matters
6. Delivery of services |
6.7
States should encourage implementing agencies and judicial authorities to foster a culture based on service and ethical behaviour. Agencies and
judicial authorities should seek regular feedback, such as through surveys and focus groups, to raise standards and improve delivery of services,
to meet expectations, and to satisfy new needs. They should publish performance standards and report regularly on results. Users should have
means of addressing complaints either within the implementing agency, such as by administrative review, or externally, such as by an independent
review or through an ombudsman
|
Right to remedy |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
10
Indigenous peoples shall not be forcibly removed from their lands or territories. No relocation shall take place without the free, prior and informed consent of the indigenous peoples concerned and after agreement on just and fair
compensation and, where possible, with the option of return.
|
General matters
6. Delivery of services |
6.7
States should encourage implementing agencies and judicial authorities to foster a culture based on service and ethical behaviour. Agencies and
judicial authorities should seek regular feedback, such as through surveys and focus groups, to raise standards and improve delivery of services,
to meet expectations, and to satisfy new needs. They should publish performance standards and report regularly on results. Users should have
means of addressing complaints either within the implementing agency, such as by administrative review, or externally, such as by an independent
review or through an ombudsman
|
Right to remedy |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
10
Indigenous peoples shall not be forcibly removed from their lands or territories. No relocation shall take place without the free, prior and informed consent of the indigenous peoples concerned and after agreement on just and fair
compensation and, where possible, with the option of return.
|
General matters
6. Delivery of services |
6.8
Relevant professional associations for services related to tenure should develop, publicize and monitor the implementation of high levels of
ethical behaviour. Public and private sector parties should adhere to
applicable ethical standards, and be subject to disciplinary action in case
of violations. Where such associations do not exist, States should ensure
an environment conducive to their establishment.
|
Right to remedy |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
10
Indigenous peoples shall not be forcibly removed from their lands or territories. No relocation shall take place without the free, prior and informed consent of the indigenous peoples concerned and after agreement on just and fair
compensation and, where possible, with the option of return.
|
General matters
6. Delivery of services |
6.9
States and non-state actors should endeavour to prevent corruption with
regard to tenure rights. States should do so particularly through consultation
and participation, rule of law, transparency and accountability. States
should adopt and enforce anti-corruption measures including applying
checks and balances, limiting the arbitrary use of power, addressing
conflicts of interest and adopting clear rules and regulations. States
should provide for the administrative and/or judicial review of decisions
of implementing agencies. Staff working on the administration of tenure
should be held accountable for their actions. They should be provided with
the means of conducting their duties effectively. They should be protected
against interference in their duties and from retaliation for reporting acts
of corruption
|
Right to remedy |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
10
Indigenous peoples shall not be forcibly removed from their lands or territories. No relocation shall take place without the free, prior and informed consent of the indigenous peoples concerned and after agreement on just and fair
compensation and, where possible, with the option of return.
|
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 remedy |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
10
Indigenous peoples shall not be forcibly removed from their lands or territories. No relocation shall take place without the free, prior and informed consent of the indigenous peoples concerned and after agreement on just and fair
compensation and, where possible, with the option of return.
|
Legal recognition and allocation of tenure rights and duties
7. Safeguards |
7.3
Where States intend to recognize or allocate tenure rights, they should first identify all existing tenure rights and right holders, whether recorded or not. Indigenous peoples and other communities with customary tenure systems, smallholders and anyone else who could be affected should be included in the consultation process, consistent with paragraphs 3B.6 and 9.9. States should provide access to justice, consistent with paragraph 4.9 if people believe their tenure rights are not recognized.
|
Right to remedy |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
10
Indigenous peoples shall not be forcibly removed from their lands or territories. No relocation shall take place without the free, prior and informed consent of the indigenous peoples concerned and after agreement on just and fair
compensation and, where possible, with the option of return.
|
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 remedy |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
10
Indigenous peoples shall not be forcibly removed from their lands or territories. No relocation shall take place without the free, prior and informed consent of the indigenous peoples concerned and after agreement on just and fair
compensation and, where possible, with the option of return.
|
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 remedy |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
10
Indigenous peoples shall not be forcibly removed from their lands or territories. No relocation shall take place without the free, prior and informed consent of the indigenous peoples concerned and after agreement on just and fair
compensation and, where possible, with the option of return.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.10
To the extent that resources permit, States should ensure that competent
bodies responsible for land, fisheries and forests have the human, physical, financial and other forms of capacity. Where responsibilities for tenure governance are delegated, the recipients should receive training
and other support so they can perform those responsibilities.
|
Right to remedy |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
10
Indigenous peoples shall not be forcibly removed from their lands or territories. No relocation shall take place without the free, prior and informed consent of the indigenous peoples concerned and after agreement on just and fair
compensation and, where possible, with the option of return.
|
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 remedy |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
10
Indigenous peoples shall not be forcibly removed from their lands or territories. No relocation shall take place without the free, prior and informed consent of the indigenous peoples concerned and after agreement on just and fair
compensation and, where possible, with the option of return.
|
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 remedy |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
10
Indigenous peoples shall not be forcibly removed from their lands or territories. No relocation shall take place without the free, prior and informed consent of the indigenous peoples concerned and after agreement on just and fair
compensation and, where possible, with the option of return.
|
Legal recognition and allocation of tenure rights and duties
10. Informal tenure |
10.5
States should endeavour to prevent corruption, particularly through increasing transparency, holding decision-makers accountable, and ensuring that impartial decisions are delivered promptly
|
Right to remedy |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
10
Indigenous peoples shall not be forcibly removed from their lands or territories. No relocation shall take place without the free, prior and informed consent of the indigenous peoples concerned and after agreement on just and fair
compensation and, where possible, with the option of return.
|
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 remedy |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
10
Indigenous peoples shall not be forcibly removed from their lands or territories. No relocation shall take place without the free, prior and informed consent of the indigenous peoples concerned and after agreement on just and fair
compensation and, where possible, with the option of return.
|
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 remedy |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
10
Indigenous peoples shall not be forcibly removed from their lands or territories. No relocation shall take place without the free, prior and informed consent of the indigenous peoples concerned and after agreement on just and fair
compensation and, where possible, with the option of return.
|
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 remedy |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
10
Indigenous peoples shall not be forcibly removed from their lands or territories. No relocation shall take place without the free, prior and informed consent of the indigenous peoples concerned and after agreement on just and fair
compensation and, where possible, with the option of return.
|
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 remedy |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
28
1. Indigenous peoples have the right to redress, by means that can include restitution or, when this is not possible, just, fair and equitable compensation, for the lands, territories and resources which they have traditionally owned or otherwise
occupied or used, and which have been confiscated, taken, occupied, used or damaged without their free, prior and informed consent.
2. Unless otherwise freely agreed upon by the peoples concerned, compensation shall take the form of lands, territories and resources equal in quality, size and legal status or of monetary compensation or other appropriate redress.
|
General matters
3. Guiding principles of responsible tenure governance |
3.1.4
States should: Provide access to justice to deal with infringements of legitimate tenure rights. They should provide effective and accessible means to everyone, through judicial authorities or other approaches, to
resolve disputes over tenure rights; and to provide affordable and prompt enforcement of outcomes. States should provide prompt, just compensation where tenure rights are taken for public purposes.
|
Right to remedy |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
28
1. Indigenous peoples have the right to redress, by means that can include restitution or, when this is not possible, just, fair and equitable compensation, for the lands, territories and resources which they have traditionally owned or otherwise
occupied or used, and which have been confiscated, taken, occupied, used or damaged without their free, prior and informed consent.
2. Unless otherwise freely agreed upon by the peoples concerned, compensation shall take the form of lands, territories and resources equal in quality, size and legal status or of monetary compensation or other appropriate redress.
|
General matters
3. Guiding principles of responsible tenure governance |
3.2
Non-state actors including business enterprises have a responsibility to respect human rights and legitimate tenure rights. Business enterprises should act with due diligence to avoid infringing on the human rights and
legitimate tenure rights of others. They should include appropriate risk management systems to prevent and address adverse impacts on human rights and legitimate tenure rights. Business enterprises should provide for
and cooperate in non-judicial mechanisms to provide remedy, including effective operational-level grievance mechanisms, where appropriate, where they have caused or contributed to adverse impacts on human rights and legitimate tenure rights. Business enterprises should identify and assess any actual or potential impacts on human rights and legitimate tenure rights in which they may be involved. States, in accordance with their international obligations, should provide access to effective judicial remedies for negative impacts on human rights and legitimate tenure rights by business enterprises. Where transnational corporations are involved, their home States have roles to play in assisting both those corporations and host States to ensure that businesses are not involved in abuse of human rights and legitimate tenure rights. States should take additional steps to protect against abuses of human rights and legitimate tenure rights by business enterprises that are owned or controlled by the State, or that receive substantial support and service from State agencies.
|
Right to remedy |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
28
1. Indigenous peoples have the right to redress, by means that can include restitution or, when this is not possible, just, fair and equitable compensation, for the lands, territories and resources which they have traditionally owned or otherwise
occupied or used, and which have been confiscated, taken, occupied, used or damaged without their free, prior and informed consent.
2. Unless otherwise freely agreed upon by the peoples concerned, compensation shall take the form of lands, territories and resources equal in quality, size and legal status or of monetary compensation or other appropriate redress.
|
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 remedy |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
28
1. Indigenous peoples have the right to redress, by means that can include restitution or, when this is not possible, just, fair and equitable compensation, for the lands, territories and resources which they have traditionally owned or otherwise
occupied or used, and which have been confiscated, taken, occupied, used or damaged without their free, prior and informed consent.
2. Unless otherwise freely agreed upon by the peoples concerned, compensation shall take the form of lands, territories and resources equal in quality, size and legal status or of monetary compensation or other appropriate redress.
|
General matters
4. Rights and responsibilities related to tenure |
4.8
Given that all human rights are universal, indivisible, interdependent and interrelated, the governance of tenure of land, fisheries and forests should
not only take into account rights that are directly linked to access and use of land, fisheries and forests, but also all civil, political, economic, social and cultural rights. In doing so, States should respect and protect the civil and political rights of defenders of human rights, including the human rights of peasants, indigenous peoples, fishers, pastoralists and rural workers, and should observe their human rights obligations when dealing with individuals and associations acting in defence of land, fisheries and forests.
|
Right to remedy |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
28
1. Indigenous peoples have the right to redress, by means that can include restitution or, when this is not possible, just, fair and equitable compensation, for the lands, territories and resources which they have traditionally owned or otherwise
occupied or used, and which have been confiscated, taken, occupied, used or damaged without their free, prior and informed consent.
2. Unless otherwise freely agreed upon by the peoples concerned, compensation shall take the form of lands, territories and resources equal in quality, size and legal status or of monetary compensation or other appropriate redress.
|
General matters
4. Rights and responsibilities related to tenure |
4.9
States should provide access through impartial and competent judicial and administrative bodies to timely, affordable and effective means of resolving disputes over tenure rights, including alternative means of
resolving such disputes, and should provide effective remedies, which may include a right of appeal, as appropriate. Such remedies should be
promptly enforced and may include restitution, indemnity, compensation and reparation. States should strive to ensure that vulnerable and marginalized persons have access to such means, in line with paragraphs 6.6 and 21.6. States should ensure that any person whose human rights are violated in the context of tenure has access to such means of dispute
resolution and remedies
|
Right to remedy |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
28
1. Indigenous peoples have the right to redress, by means that can include restitution or, when this is not possible, just, fair and equitable compensation, for the lands, territories and resources which they have traditionally owned or otherwise
occupied or used, and which have been confiscated, taken, occupied, used or damaged without their free, prior and informed consent.
2. Unless otherwise freely agreed upon by the peoples concerned, compensation shall take the form of lands, territories and resources equal in quality, size and legal status or of monetary compensation or other appropriate redress.
|
General matters
5. Policy, legal and organizational frameworks related to tenure |
5.1
States should provide and maintain policy, legal and organizational frameworks that promote responsible governance of tenure of land, fisheries and forests. These frameworks are dependent on, and are
supported by broader reforms to the legal system, public service and judicial authorities
|
Right to remedy |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
28
1. Indigenous peoples have the right to redress, by means that can include restitution or, when this is not possible, just, fair and equitable compensation, for the lands, territories and resources which they have traditionally owned or otherwise
occupied or used, and which have been confiscated, taken, occupied, used or damaged without their free, prior and informed consent.
2. Unless otherwise freely agreed upon by the peoples concerned, compensation shall take the form of lands, territories and resources equal in quality, size and legal status or of monetary compensation or other appropriate redress.
|
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 remedy |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
28
1. Indigenous peoples have the right to redress, by means that can include restitution or, when this is not possible, just, fair and equitable compensation, for the lands, territories and resources which they have traditionally owned or otherwise
occupied or used, and which have been confiscated, taken, occupied, used or damaged without their free, prior and informed consent.
2. Unless otherwise freely agreed upon by the peoples concerned, compensation shall take the form of lands, territories and resources equal in quality, size and legal status or of monetary compensation or other appropriate redress.
|
General matters
5. Policy, legal and organizational frameworks related to tenure |
5.6
States should place responsibilities at levels of government that can most effectively deliver services to the people. States should clearly define the
roles and responsibilities of agencies dealing with tenure of land, fisheries and forests. States should ensure coordination between implementing agencies, as well as with local governments, and indigenous peoples and other communities with customary tenure systems
|
Right to remedy |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
28
1. Indigenous peoples have the right to redress, by means that can include restitution or, when this is not possible, just, fair and equitable compensation, for the lands, territories and resources which they have traditionally owned or otherwise
occupied or used, and which have been confiscated, taken, occupied, used or damaged without their free, prior and informed consent.
2. Unless otherwise freely agreed upon by the peoples concerned, compensation shall take the form of lands, territories and resources equal in quality, size and legal status or of monetary compensation or other appropriate redress.
|
General matters
5. Policy, legal and organizational frameworks related to tenure |
5.8
States and other parties should regularly review and monitor policy, legal and organizational frameworks to maintain their effectiveness. Implementing agencies and judicial authorities should engage with civil society, user representatives and the broader public to improve services and endeavour to prevent corruption through transparent processes and decision-making. Information about changes and their anticipated impacts should be clearly stated and widely publicized in applicable languages.
|
Right to remedy |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
28
1. Indigenous peoples have the right to redress, by means that can include restitution or, when this is not possible, just, fair and equitable compensation, for the lands, territories and resources which they have traditionally owned or otherwise
occupied or used, and which have been confiscated, taken, occupied, used or damaged without their free, prior and informed consent.
2. Unless otherwise freely agreed upon by the peoples concerned, compensation shall take the form of lands, territories and resources equal in quality, size and legal status or of monetary compensation or other appropriate redress.
|
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 remedy |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
28
1. Indigenous peoples have the right to redress, by means that can include restitution or, when this is not possible, just, fair and equitable compensation, for the lands, territories and resources which they have traditionally owned or otherwise
occupied or used, and which have been confiscated, taken, occupied, used or damaged without their free, prior and informed consent.
2. Unless otherwise freely agreed upon by the peoples concerned, compensation shall take the form of lands, territories and resources equal in quality, size and legal status or of monetary compensation or other appropriate redress.
|
General matters
6. Delivery of services |
6.3
States should provide prompt, accessible and non-discriminatory services to protect tenure rights, to promote and facilitate the enjoyment of those
rights, and to resolve disputes. States should eliminate unnecessary legal and procedural requirements and strive to overcome barriers related to
tenure rights. States should review services of implementing agencies and
judicial authorities, and introduce improvements where required.
|
Right to remedy |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
28
1. Indigenous peoples have the right to redress, by means that can include restitution or, when this is not possible, just, fair and equitable compensation, for the lands, territories and resources which they have traditionally owned or otherwise
occupied or used, and which have been confiscated, taken, occupied, used or damaged without their free, prior and informed consent.
2. Unless otherwise freely agreed upon by the peoples concerned, compensation shall take the form of lands, territories and resources equal in quality, size and legal status or of monetary compensation or other appropriate redress.
|
General matters
6. Delivery of services |
6.3
States should provide prompt, accessible and non-discriminatory services to protect tenure rights, to promote and facilitate the enjoyment of those
rights, and to resolve disputes. States should eliminate unnecessary legal and procedural requirements and strive to overcome barriers related to
tenure rights. States should review services of implementing agencies and
judicial authorities, and introduce improvements where required.
|
Right to remedy |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
28
1. Indigenous peoples have the right to redress, by means that can include restitution or, when this is not possible, just, fair and equitable compensation, for the lands, territories and resources which they have traditionally owned or otherwise
occupied or used, and which have been confiscated, taken, occupied, used or damaged without their free, prior and informed consent.
2. Unless otherwise freely agreed upon by the peoples concerned, compensation shall take the form of lands, territories and resources equal in quality, size and legal status or of monetary compensation or other appropriate redress.
|
General matters
6. Delivery of services |
6.4
States should ensure that implementing agencies and judicial authorities
serve the entire population, delivering services to all, including those in
remote locations. Services should be provided promptly and efficiently
using locally suitable technology to increase efficiency and accessibility.
Internal guidelines should be established so that staff can implement
policies and laws in a reliable and consistent manner. Procedures should
be simplified without threatening tenure security or quality of justice.
Explanatory materials should be widely publicized in ap
|
Right to remedy |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
28
1. Indigenous peoples have the right to redress, by means that can include restitution or, when this is not possible, just, fair and equitable compensation, for the lands, territories and resources which they have traditionally owned or otherwise
occupied or used, and which have been confiscated, taken, occupied, used or damaged without their free, prior and informed consent.
2. Unless otherwise freely agreed upon by the peoples concerned, compensation shall take the form of lands, territories and resources equal in quality, size and legal status or of monetary compensation or other appropriate redress.
|
General matters
6. Delivery of services |
6.4
States should ensure that implementing agencies and judicial authorities
serve the entire population, delivering services to all, including those in
remote locations. Services should be provided promptly and efficiently
using locally suitable technology to increase efficiency and accessibility.
Internal guidelines should be established so that staff can implement
policies and laws in a reliable and consistent manner. Procedures should
be simplified without threatening tenure security or quality of justice.
Explanatory materials should be widely publicized in ap
|
Right to remedy |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
28
1. Indigenous peoples have the right to redress, by means that can include restitution or, when this is not possible, just, fair and equitable compensation, for the lands, territories and resources which they have traditionally owned or otherwise
occupied or used, and which have been confiscated, taken, occupied, used or damaged without their free, prior and informed consent.
2. Unless otherwise freely agreed upon by the peoples concerned, compensation shall take the form of lands, territories and resources equal in quality, size and legal status or of monetary compensation or other appropriate redress.
|
General matters
6. Delivery of services |
6.4
States should ensure that implementing agencies and judicial authorities
serve the entire population, delivering services to all, including those in
remote locations. Services should be provided promptly and efficiently
using locally suitable technology to increase efficiency and accessibility.
Internal guidelines should be established so that staff can implement
policies and laws in a reliable and consistent manner. Procedures should
be simplified without threatening tenure security or quality of justice.
Explanatory materials should be widely publicized in ap
|
Right to remedy |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
28
1. Indigenous peoples have the right to redress, by means that can include restitution or, when this is not possible, just, fair and equitable compensation, for the lands, territories and resources which they have traditionally owned or otherwise
occupied or used, and which have been confiscated, taken, occupied, used or damaged without their free, prior and informed consent.
2. Unless otherwise freely agreed upon by the peoples concerned, compensation shall take the form of lands, territories and resources equal in quality, size and legal status or of monetary compensation or other appropriate redress.
|
General matters
6. Delivery of services |
6.6
States and other parties should consider additional measures to support
vulnerable or marginalized groups who could not otherwise access
administrative and judicial services. These measures should include legal
support, such as affordable legal aid, and may also include the provision
of services of paralegals or parasurveyors, and mobile services for remote
communities and mobile indigenous peoples
|
Right to remedy |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
28
1. Indigenous peoples have the right to redress, by means that can include restitution or, when this is not possible, just, fair and equitable compensation, for the lands, territories and resources which they have traditionally owned or otherwise
occupied or used, and which have been confiscated, taken, occupied, used or damaged without their free, prior and informed consent.
2. Unless otherwise freely agreed upon by the peoples concerned, compensation shall take the form of lands, territories and resources equal in quality, size and legal status or of monetary compensation or other appropriate redress.
|
General matters
6. Delivery of services |
6.7
States should encourage implementing agencies and judicial authorities to foster a culture based on service and ethical behaviour. Agencies and
judicial authorities should seek regular feedback, such as through surveys and focus groups, to raise standards and improve delivery of services,
to meet expectations, and to satisfy new needs. They should publish performance standards and report regularly on results. Users should have
means of addressing complaints either within the implementing agency, such as by administrative review, or externally, such as by an independent
review or through an ombudsman
|
Right to remedy |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
28
1. Indigenous peoples have the right to redress, by means that can include restitution or, when this is not possible, just, fair and equitable compensation, for the lands, territories and resources which they have traditionally owned or otherwise
occupied or used, and which have been confiscated, taken, occupied, used or damaged without their free, prior and informed consent.
2. Unless otherwise freely agreed upon by the peoples concerned, compensation shall take the form of lands, territories and resources equal in quality, size and legal status or of monetary compensation or other appropriate redress.
|
General matters
6. Delivery of services |
6.7
States should encourage implementing agencies and judicial authorities to foster a culture based on service and ethical behaviour. Agencies and
judicial authorities should seek regular feedback, such as through surveys and focus groups, to raise standards and improve delivery of services,
to meet expectations, and to satisfy new needs. They should publish performance standards and report regularly on results. Users should have
means of addressing complaints either within the implementing agency, such as by administrative review, or externally, such as by an independent
review or through an ombudsman
|
Right to remedy |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
28
1. Indigenous peoples have the right to redress, by means that can include restitution or, when this is not possible, just, fair and equitable compensation, for the lands, territories and resources which they have traditionally owned or otherwise
occupied or used, and which have been confiscated, taken, occupied, used or damaged without their free, prior and informed consent.
2. Unless otherwise freely agreed upon by the peoples concerned, compensation shall take the form of lands, territories and resources equal in quality, size and legal status or of monetary compensation or other appropriate redress.
|
General matters
6. Delivery of services |
6.8
Relevant professional associations for services related to tenure should develop, publicize and monitor the implementation of high levels of
ethical behaviour. Public and private sector parties should adhere to
applicable ethical standards, and be subject to disciplinary action in case
of violations. Where such associations do not exist, States should ensure
an environment conducive to their establishment.
|
Right to remedy |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
28
1. Indigenous peoples have the right to redress, by means that can include restitution or, when this is not possible, just, fair and equitable compensation, for the lands, territories and resources which they have traditionally owned or otherwise
occupied or used, and which have been confiscated, taken, occupied, used or damaged without their free, prior and informed consent.
2. Unless otherwise freely agreed upon by the peoples concerned, compensation shall take the form of lands, territories and resources equal in quality, size and legal status or of monetary compensation or other appropriate redress.
|
General matters
6. Delivery of services |
6.9
States and non-state actors should endeavour to prevent corruption with
regard to tenure rights. States should do so particularly through consultation
and participation, rule of law, transparency and accountability. States
should adopt and enforce anti-corruption measures including applying
checks and balances, limiting the arbitrary use of power, addressing
conflicts of interest and adopting clear rules and regulations. States
should provide for the administrative and/or judicial review of decisions
of implementing agencies. Staff working on the administration of tenure
should be held accountable for their actions. They should be provided with
the means of conducting their duties effectively. They should be protected
against interference in their duties and from retaliation for reporting acts
of corruption
|
Right to remedy |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
28
1. Indigenous peoples have the right to redress, by means that can include restitution or, when this is not possible, just, fair and equitable compensation, for the lands, territories and resources which they have traditionally owned or otherwise
occupied or used, and which have been confiscated, taken, occupied, used or damaged without their free, prior and informed consent.
2. Unless otherwise freely agreed upon by the peoples concerned, compensation shall take the form of lands, territories and resources equal in quality, size and legal status or of monetary compensation or other appropriate redress.
|
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 remedy |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
28
1. Indigenous peoples have the right to redress, by means that can include restitution or, when this is not possible, just, fair and equitable compensation, for the lands, territories and resources which they have traditionally owned or otherwise
occupied or used, and which have been confiscated, taken, occupied, used or damaged without their free, prior and informed consent.
2. Unless otherwise freely agreed upon by the peoples concerned, compensation shall take the form of lands, territories and resources equal in quality, size and legal status or of monetary compensation or other appropriate redress.
|
Legal recognition and allocation of tenure rights and duties
7. Safeguards |
7.3
Where States intend to recognize or allocate tenure rights, they should first identify all existing tenure rights and right holders, whether recorded or not. Indigenous peoples and other communities with customary tenure systems, smallholders and anyone else who could be affected should be included in the consultation process, consistent with paragraphs 3B.6 and 9.9. States should provide access to justice, consistent with paragraph 4.9 if people believe their tenure rights are not recognized.
|
Right to remedy |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
28
1. Indigenous peoples have the right to redress, by means that can include restitution or, when this is not possible, just, fair and equitable compensation, for the lands, territories and resources which they have traditionally owned or otherwise
occupied or used, and which have been confiscated, taken, occupied, used or damaged without their free, prior and informed consent.
2. Unless otherwise freely agreed upon by the peoples concerned, compensation shall take the form of lands, territories and resources equal in quality, size and legal status or of monetary compensation or other appropriate redress.
|
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 remedy |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
28
1. Indigenous peoples have the right to redress, by means that can include restitution or, when this is not possible, just, fair and equitable compensation, for the lands, territories and resources which they have traditionally owned or otherwise
occupied or used, and which have been confiscated, taken, occupied, used or damaged without their free, prior and informed consent.
2. Unless otherwise freely agreed upon by the peoples concerned, compensation shall take the form of lands, territories and resources equal in quality, size and legal status or of monetary compensation or other appropriate redress.
|
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 remedy |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
28
1. Indigenous peoples have the right to redress, by means that can include restitution or, when this is not possible, just, fair and equitable compensation, for the lands, territories and resources which they have traditionally owned or otherwise
occupied or used, and which have been confiscated, taken, occupied, used or damaged without their free, prior and informed consent.
2. Unless otherwise freely agreed upon by the peoples concerned, compensation shall take the form of lands, territories and resources equal in quality, size and legal status or of monetary compensation or other appropriate redress.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.10
To the extent that resources permit, States should ensure that competent
bodies responsible for land, fisheries and forests have the human, physical, financial and other forms of capacity. Where responsibilities for tenure governance are delegated, the recipients should receive training
and other support so they can perform those responsibilities.
|
Right to remedy |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
28
1. Indigenous peoples have the right to redress, by means that can include restitution or, when this is not possible, just, fair and equitable compensation, for the lands, territories and resources which they have traditionally owned or otherwise
occupied or used, and which have been confiscated, taken, occupied, used or damaged without their free, prior and informed consent.
2. Unless otherwise freely agreed upon by the peoples concerned, compensation shall take the form of lands, territories and resources equal in quality, size and legal status or of monetary compensation or other appropriate redress.
|
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 remedy |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
28
1. Indigenous peoples have the right to redress, by means that can include restitution or, when this is not possible, just, fair and equitable compensation, for the lands, territories and resources which they have traditionally owned or otherwise
occupied or used, and which have been confiscated, taken, occupied, used or damaged without their free, prior and informed consent.
2. Unless otherwise freely agreed upon by the peoples concerned, compensation shall take the form of lands, territories and resources equal in quality, size and legal status or of monetary compensation or other appropriate redress.
|
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 remedy |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
28
1. Indigenous peoples have the right to redress, by means that can include restitution or, when this is not possible, just, fair and equitable compensation, for the lands, territories and resources which they have traditionally owned or otherwise
occupied or used, and which have been confiscated, taken, occupied, used or damaged without their free, prior and informed consent.
2. Unless otherwise freely agreed upon by the peoples concerned, compensation shall take the form of lands, territories and resources equal in quality, size and legal status or of monetary compensation or other appropriate redress.
|
Legal recognition and allocation of tenure rights and duties
10. Informal tenure |
10.5
States should endeavour to prevent corruption, particularly through increasing transparency, holding decision-makers accountable, and ensuring that impartial decisions are delivered promptly
|
Right to remedy |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
28
1. Indigenous peoples have the right to redress, by means that can include restitution or, when this is not possible, just, fair and equitable compensation, for the lands, territories and resources which they have traditionally owned or otherwise
occupied or used, and which have been confiscated, taken, occupied, used or damaged without their free, prior and informed consent.
2. Unless otherwise freely agreed upon by the peoples concerned, compensation shall take the form of lands, territories and resources equal in quality, size and legal status or of monetary compensation or other appropriate redress.
|
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 remedy |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
28
1. Indigenous peoples have the right to redress, by means that can include restitution or, when this is not possible, just, fair and equitable compensation, for the lands, territories and resources which they have traditionally owned or otherwise
occupied or used, and which have been confiscated, taken, occupied, used or damaged without their free, prior and informed consent.
2. Unless otherwise freely agreed upon by the peoples concerned, compensation shall take the form of lands, territories and resources equal in quality, size and legal status or of monetary compensation or other appropriate redress.
|
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 remedy |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
28
1. Indigenous peoples have the right to redress, by means that can include restitution or, when this is not possible, just, fair and equitable compensation, for the lands, territories and resources which they have traditionally owned or otherwise
occupied or used, and which have been confiscated, taken, occupied, used or damaged without their free, prior and informed consent.
2. Unless otherwise freely agreed upon by the peoples concerned, compensation shall take the form of lands, territories and resources equal in quality, size and legal status or of monetary compensation or other appropriate redress.
|
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 remedy |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
28
1. Indigenous peoples have the right to redress, by means that can include restitution or, when this is not possible, just, fair and equitable compensation, for the lands, territories and resources which they have traditionally owned or otherwise
occupied or used, and which have been confiscated, taken, occupied, used or damaged without their free, prior and informed consent.
2. Unless otherwise freely agreed upon by the peoples concerned, compensation shall take the form of lands, territories and resources equal in quality, size and legal status or of monetary compensation or other appropriate redress.
|
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 remedy |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
32.3
States shall provide effective mechanisms for just and fair redress for any such activities, and appropriate measures shall be taken to mitigate adverse environmental, economic, social, cultural or spiritual impact.
|
General matters
3. Guiding principles of responsible tenure governance |
3.1.4
States should: Provide access to justice to deal with infringements of legitimate tenure rights. They should provide effective and accessible means to everyone, through judicial authorities or other approaches, to
resolve disputes over tenure rights; and to provide affordable and prompt enforcement of outcomes. States should provide prompt, just compensation where tenure rights are taken for public purposes.
|
Right to remedy |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
32.3
States shall provide effective mechanisms for just and fair redress for any such activities, and appropriate measures shall be taken to mitigate adverse environmental, economic, social, cultural or spiritual impact.
|
General matters
3. Guiding principles of responsible tenure governance |
3.2
Non-state actors including business enterprises have a responsibility to respect human rights and legitimate tenure rights. Business enterprises should act with due diligence to avoid infringing on the human rights and
legitimate tenure rights of others. They should include appropriate risk management systems to prevent and address adverse impacts on human rights and legitimate tenure rights. Business enterprises should provide for
and cooperate in non-judicial mechanisms to provide remedy, including effective operational-level grievance mechanisms, where appropriate, where they have caused or contributed to adverse impacts on human rights and legitimate tenure rights. Business enterprises should identify and assess any actual or potential impacts on human rights and legitimate tenure rights in which they may be involved. States, in accordance with their international obligations, should provide access to effective judicial remedies for negative impacts on human rights and legitimate tenure rights by business enterprises. Where transnational corporations are involved, their home States have roles to play in assisting both those corporations and host States to ensure that businesses are not involved in abuse of human rights and legitimate tenure rights. States should take additional steps to protect against abuses of human rights and legitimate tenure rights by business enterprises that are owned or controlled by the State, or that receive substantial support and service from State agencies.
|
Right to remedy |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
32.3
States shall provide effective mechanisms for just and fair redress for any such activities, and appropriate measures shall be taken to mitigate adverse environmental, economic, social, cultural or spiritual impact.
|
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 remedy |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
32.3
States shall provide effective mechanisms for just and fair redress for any such activities, and appropriate measures shall be taken to mitigate adverse environmental, economic, social, cultural or spiritual impact.
|
General matters
4. Rights and responsibilities related to tenure |
4.8
Given that all human rights are universal, indivisible, interdependent and interrelated, the governance of tenure of land, fisheries and forests should
not only take into account rights that are directly linked to access and use of land, fisheries and forests, but also all civil, political, economic, social and cultural rights. In doing so, States should respect and protect the civil and political rights of defenders of human rights, including the human rights of peasants, indigenous peoples, fishers, pastoralists and rural workers, and should observe their human rights obligations when dealing with individuals and associations acting in defence of land, fisheries and forests.
|
Right to remedy |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
32.3
States shall provide effective mechanisms for just and fair redress for any such activities, and appropriate measures shall be taken to mitigate adverse environmental, economic, social, cultural or spiritual impact.
|
General matters
4. Rights and responsibilities related to tenure |
4.9
States should provide access through impartial and competent judicial and administrative bodies to timely, affordable and effective means of resolving disputes over tenure rights, including alternative means of
resolving such disputes, and should provide effective remedies, which may include a right of appeal, as appropriate. Such remedies should be
promptly enforced and may include restitution, indemnity, compensation and reparation. States should strive to ensure that vulnerable and marginalized persons have access to such means, in line with paragraphs 6.6 and 21.6. States should ensure that any person whose human rights are violated in the context of tenure has access to such means of dispute
resolution and remedies
|
Right to remedy |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
32.3
States shall provide effective mechanisms for just and fair redress for any such activities, and appropriate measures shall be taken to mitigate adverse environmental, economic, social, cultural or spiritual impact.
|
General matters
5. Policy, legal and organizational frameworks related to tenure |
5.1
States should provide and maintain policy, legal and organizational frameworks that promote responsible governance of tenure of land, fisheries and forests. These frameworks are dependent on, and are
supported by broader reforms to the legal system, public service and judicial authorities
|
Right to remedy |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
32.3
States shall provide effective mechanisms for just and fair redress for any such activities, and appropriate measures shall be taken to mitigate adverse environmental, economic, social, cultural or spiritual impact.
|
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 remedy |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
32.3
States shall provide effective mechanisms for just and fair redress for any such activities, and appropriate measures shall be taken to mitigate adverse environmental, economic, social, cultural or spiritual impact.
|
General matters
5. Policy, legal and organizational frameworks related to tenure |
5.6
States should place responsibilities at levels of government that can most effectively deliver services to the people. States should clearly define the
roles and responsibilities of agencies dealing with tenure of land, fisheries and forests. States should ensure coordination between implementing agencies, as well as with local governments, and indigenous peoples and other communities with customary tenure systems
|
Right to remedy |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
32.3
States shall provide effective mechanisms for just and fair redress for any such activities, and appropriate measures shall be taken to mitigate adverse environmental, economic, social, cultural or spiritual impact.
|
General matters
5. Policy, legal and organizational frameworks related to tenure |
5.8
States and other parties should regularly review and monitor policy, legal and organizational frameworks to maintain their effectiveness. Implementing agencies and judicial authorities should engage with civil society, user representatives and the broader public to improve services and endeavour to prevent corruption through transparent processes and decision-making. Information about changes and their anticipated impacts should be clearly stated and widely publicized in applicable languages.
|
Right to remedy |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
32.3
States shall provide effective mechanisms for just and fair redress for any such activities, and appropriate measures shall be taken to mitigate adverse environmental, economic, social, cultural or spiritual impact.
|
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 remedy |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
32.3
States shall provide effective mechanisms for just and fair redress for any such activities, and appropriate measures shall be taken to mitigate adverse environmental, economic, social, cultural or spiritual impact.
|
General matters
6. Delivery of services |
6.3
States should provide prompt, accessible and non-discriminatory services to protect tenure rights, to promote and facilitate the enjoyment of those
rights, and to resolve disputes. States should eliminate unnecessary legal and procedural requirements and strive to overcome barriers related to
tenure rights. States should review services of implementing agencies and
judicial authorities, and introduce improvements where required.
|
Right to remedy |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
32.3
States shall provide effective mechanisms for just and fair redress for any such activities, and appropriate measures shall be taken to mitigate adverse environmental, economic, social, cultural or spiritual impact.
|
General matters
6. Delivery of services |
6.3
States should provide prompt, accessible and non-discriminatory services to protect tenure rights, to promote and facilitate the enjoyment of those
rights, and to resolve disputes. States should eliminate unnecessary legal and procedural requirements and strive to overcome barriers related to
tenure rights. States should review services of implementing agencies and
judicial authorities, and introduce improvements where required.
|
Right to remedy |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
32.3
States shall provide effective mechanisms for just and fair redress for any such activities, and appropriate measures shall be taken to mitigate adverse environmental, economic, social, cultural or spiritual impact.
|
General matters
6. Delivery of services |
6.4
States should ensure that implementing agencies and judicial authorities
serve the entire population, delivering services to all, including those in
remote locations. Services should be provided promptly and efficiently
using locally suitable technology to increase efficiency and accessibility.
Internal guidelines should be established so that staff can implement
policies and laws in a reliable and consistent manner. Procedures should
be simplified without threatening tenure security or quality of justice.
Explanatory materials should be widely publicized in ap
|
Right to remedy |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
32.3
States shall provide effective mechanisms for just and fair redress for any such activities, and appropriate measures shall be taken to mitigate adverse environmental, economic, social, cultural or spiritual impact.
|
General matters
6. Delivery of services |
6.4
States should ensure that implementing agencies and judicial authorities
serve the entire population, delivering services to all, including those in
remote locations. Services should be provided promptly and efficiently
using locally suitable technology to increase efficiency and accessibility.
Internal guidelines should be established so that staff can implement
policies and laws in a reliable and consistent manner. Procedures should
be simplified without threatening tenure security or quality of justice.
Explanatory materials should be widely publicized in ap
|
Right to remedy |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
32.3
States shall provide effective mechanisms for just and fair redress for any such activities, and appropriate measures shall be taken to mitigate adverse environmental, economic, social, cultural or spiritual impact.
|
General matters
6. Delivery of services |
6.4
States should ensure that implementing agencies and judicial authorities
serve the entire population, delivering services to all, including those in
remote locations. Services should be provided promptly and efficiently
using locally suitable technology to increase efficiency and accessibility.
Internal guidelines should be established so that staff can implement
policies and laws in a reliable and consistent manner. Procedures should
be simplified without threatening tenure security or quality of justice.
Explanatory materials should be widely publicized in ap
|
Right to remedy |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
32.3
States shall provide effective mechanisms for just and fair redress for any such activities, and appropriate measures shall be taken to mitigate adverse environmental, economic, social, cultural or spiritual impact.
|
General matters
6. Delivery of services |
6.6
States and other parties should consider additional measures to support
vulnerable or marginalized groups who could not otherwise access
administrative and judicial services. These measures should include legal
support, such as affordable legal aid, and may also include the provision
of services of paralegals or parasurveyors, and mobile services for remote
communities and mobile indigenous peoples
|
Right to remedy |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
32.3
States shall provide effective mechanisms for just and fair redress for any such activities, and appropriate measures shall be taken to mitigate adverse environmental, economic, social, cultural or spiritual impact.
|
General matters
6. Delivery of services |
6.7
States should encourage implementing agencies and judicial authorities to foster a culture based on service and ethical behaviour. Agencies and
judicial authorities should seek regular feedback, such as through surveys and focus groups, to raise standards and improve delivery of services,
to meet expectations, and to satisfy new needs. They should publish performance standards and report regularly on results. Users should have
means of addressing complaints either within the implementing agency, such as by administrative review, or externally, such as by an independent
review or through an ombudsman
|
Right to remedy |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
32.3
States shall provide effective mechanisms for just and fair redress for any such activities, and appropriate measures shall be taken to mitigate adverse environmental, economic, social, cultural or spiritual impact.
|
General matters
6. Delivery of services |
6.7
States should encourage implementing agencies and judicial authorities to foster a culture based on service and ethical behaviour. Agencies and
judicial authorities should seek regular feedback, such as through surveys and focus groups, to raise standards and improve delivery of services,
to meet expectations, and to satisfy new needs. They should publish performance standards and report regularly on results. Users should have
means of addressing complaints either within the implementing agency, such as by administrative review, or externally, such as by an independent
review or through an ombudsman
|
Right to remedy |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
32.3
States shall provide effective mechanisms for just and fair redress for any such activities, and appropriate measures shall be taken to mitigate adverse environmental, economic, social, cultural or spiritual impact.
|
General matters
6. Delivery of services |
6.8
Relevant professional associations for services related to tenure should develop, publicize and monitor the implementation of high levels of
ethical behaviour. Public and private sector parties should adhere to
applicable ethical standards, and be subject to disciplinary action in case
of violations. Where such associations do not exist, States should ensure
an environment conducive to their establishment.
|
Right to remedy |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
32.3
States shall provide effective mechanisms for just and fair redress for any such activities, and appropriate measures shall be taken to mitigate adverse environmental, economic, social, cultural or spiritual impact.
|
General matters
6. Delivery of services |
6.9
States and non-state actors should endeavour to prevent corruption with
regard to tenure rights. States should do so particularly through consultation
and participation, rule of law, transparency and accountability. States
should adopt and enforce anti-corruption measures including applying
checks and balances, limiting the arbitrary use of power, addressing
conflicts of interest and adopting clear rules and regulations. States
should provide for the administrative and/or judicial review of decisions
of implementing agencies. Staff working on the administration of tenure
should be held accountable for their actions. They should be provided with
the means of conducting their duties effectively. They should be protected
against interference in their duties and from retaliation for reporting acts
of corruption
|
Right to remedy |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
32.3
States shall provide effective mechanisms for just and fair redress for any such activities, and appropriate measures shall be taken to mitigate adverse environmental, economic, social, cultural or spiritual impact.
|
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 remedy |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
32.3
States shall provide effective mechanisms for just and fair redress for any such activities, and appropriate measures shall be taken to mitigate adverse environmental, economic, social, cultural or spiritual impact.
|
Legal recognition and allocation of tenure rights and duties
7. Safeguards |
7.3
Where States intend to recognize or allocate tenure rights, they should first identify all existing tenure rights and right holders, whether recorded or not. Indigenous peoples and other communities with customary tenure systems, smallholders and anyone else who could be affected should be included in the consultation process, consistent with paragraphs 3B.6 and 9.9. States should provide access to justice, consistent with paragraph 4.9 if people believe their tenure rights are not recognized.
|
Right to remedy |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
32.3
States shall provide effective mechanisms for just and fair redress for any such activities, and appropriate measures shall be taken to mitigate adverse environmental, economic, social, cultural or spiritual impact.
|
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 remedy |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
32.3
States shall provide effective mechanisms for just and fair redress for any such activities, and appropriate measures shall be taken to mitigate adverse environmental, economic, social, cultural or spiritual impact.
|
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 remedy |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
32.3
States shall provide effective mechanisms for just and fair redress for any such activities, and appropriate measures shall be taken to mitigate adverse environmental, economic, social, cultural or spiritual impact.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.10
To the extent that resources permit, States should ensure that competent
bodies responsible for land, fisheries and forests have the human, physical, financial and other forms of capacity. Where responsibilities for tenure governance are delegated, the recipients should receive training
and other support so they can perform those responsibilities.
|
Right to remedy |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
32.3
States shall provide effective mechanisms for just and fair redress for any such activities, and appropriate measures shall be taken to mitigate adverse environmental, economic, social, cultural or spiritual impact.
|
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 remedy |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
32.3
States shall provide effective mechanisms for just and fair redress for any such activities, and appropriate measures shall be taken to mitigate adverse environmental, economic, social, cultural or spiritual impact.
|
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 remedy |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
32.3
States shall provide effective mechanisms for just and fair redress for any such activities, and appropriate measures shall be taken to mitigate adverse environmental, economic, social, cultural or spiritual impact.
|
Legal recognition and allocation of tenure rights and duties
10. Informal tenure |
10.5
States should endeavour to prevent corruption, particularly through increasing transparency, holding decision-makers accountable, and ensuring that impartial decisions are delivered promptly
|
Right to remedy |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
32.3
States shall provide effective mechanisms for just and fair redress for any such activities, and appropriate measures shall be taken to mitigate adverse environmental, economic, social, cultural or spiritual impact.
|
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 remedy |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
32.3
States shall provide effective mechanisms for just and fair redress for any such activities, and appropriate measures shall be taken to mitigate adverse environmental, economic, social, cultural or spiritual impact.
|
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 remedy |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
32.3
States shall provide effective mechanisms for just and fair redress for any such activities, and appropriate measures shall be taken to mitigate adverse environmental, economic, social, cultural or spiritual impact.
|
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 remedy |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
32.3
States shall provide effective mechanisms for just and fair redress for any such activities, and appropriate measures shall be taken to mitigate adverse environmental, economic, social, cultural or spiritual impact.
|
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 remedy |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
40
Indigenous peoples have the right to access to and prompt decision through just and fair procedures for the resolution of conflicts and disputes with States or other parties, as well as to effective remedies for all infringements of their
individual and collective rights. Such a decision shall give due consideration to the customs, traditions, rules and legal systems of the indigenous peoples concerned and international human rights.
|
General matters
3. Guiding principles of responsible tenure governance |
3.1.4
States should: Provide access to justice to deal with infringements of legitimate tenure rights. They should provide effective and accessible means to everyone, through judicial authorities or other approaches, to
resolve disputes over tenure rights; and to provide affordable and prompt enforcement of outcomes. States should provide prompt, just compensation where tenure rights are taken for public purposes.
|
Right to remedy |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
40
Indigenous peoples have the right to access to and prompt decision through just and fair procedures for the resolution of conflicts and disputes with States or other parties, as well as to effective remedies for all infringements of their
individual and collective rights. Such a decision shall give due consideration to the customs, traditions, rules and legal systems of the indigenous peoples concerned and international human rights.
|
General matters
3. Guiding principles of responsible tenure governance |
3.2
Non-state actors including business enterprises have a responsibility to respect human rights and legitimate tenure rights. Business enterprises should act with due diligence to avoid infringing on the human rights and
legitimate tenure rights of others. They should include appropriate risk management systems to prevent and address adverse impacts on human rights and legitimate tenure rights. Business enterprises should provide for
and cooperate in non-judicial mechanisms to provide remedy, including effective operational-level grievance mechanisms, where appropriate, where they have caused or contributed to adverse impacts on human rights and legitimate tenure rights. Business enterprises should identify and assess any actual or potential impacts on human rights and legitimate tenure rights in which they may be involved. States, in accordance with their international obligations, should provide access to effective judicial remedies for negative impacts on human rights and legitimate tenure rights by business enterprises. Where transnational corporations are involved, their home States have roles to play in assisting both those corporations and host States to ensure that businesses are not involved in abuse of human rights and legitimate tenure rights. States should take additional steps to protect against abuses of human rights and legitimate tenure rights by business enterprises that are owned or controlled by the State, or that receive substantial support and service from State agencies.
|
Right to remedy |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
40
Indigenous peoples have the right to access to and prompt decision through just and fair procedures for the resolution of conflicts and disputes with States or other parties, as well as to effective remedies for all infringements of their
individual and collective rights. Such a decision shall give due consideration to the customs, traditions, rules and legal systems of the indigenous peoples concerned and international human rights.
|
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 remedy |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
40
Indigenous peoples have the right to access to and prompt decision through just and fair procedures for the resolution of conflicts and disputes with States or other parties, as well as to effective remedies for all infringements of their
individual and collective rights. Such a decision shall give due consideration to the customs, traditions, rules and legal systems of the indigenous peoples concerned and international human rights.
|
General matters
4. Rights and responsibilities related to tenure |
4.8
Given that all human rights are universal, indivisible, interdependent and interrelated, the governance of tenure of land, fisheries and forests should
not only take into account rights that are directly linked to access and use of land, fisheries and forests, but also all civil, political, economic, social and cultural rights. In doing so, States should respect and protect the civil and political rights of defenders of human rights, including the human rights of peasants, indigenous peoples, fishers, pastoralists and rural workers, and should observe their human rights obligations when dealing with individuals and associations acting in defence of land, fisheries and forests.
|
Right to remedy |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
40
Indigenous peoples have the right to access to and prompt decision through just and fair procedures for the resolution of conflicts and disputes with States or other parties, as well as to effective remedies for all infringements of their
individual and collective rights. Such a decision shall give due consideration to the customs, traditions, rules and legal systems of the indigenous peoples concerned and international human rights.
|
General matters
4. Rights and responsibilities related to tenure |
4.9
States should provide access through impartial and competent judicial and administrative bodies to timely, affordable and effective means of resolving disputes over tenure rights, including alternative means of
resolving such disputes, and should provide effective remedies, which may include a right of appeal, as appropriate. Such remedies should be
promptly enforced and may include restitution, indemnity, compensation and reparation. States should strive to ensure that vulnerable and marginalized persons have access to such means, in line with paragraphs 6.6 and 21.6. States should ensure that any person whose human rights are violated in the context of tenure has access to such means of dispute
resolution and remedies
|
Right to remedy |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
40
Indigenous peoples have the right to access to and prompt decision through just and fair procedures for the resolution of conflicts and disputes with States or other parties, as well as to effective remedies for all infringements of their
individual and collective rights. Such a decision shall give due consideration to the customs, traditions, rules and legal systems of the indigenous peoples concerned and international human rights.
|
General matters
5. Policy, legal and organizational frameworks related to tenure |
5.1
States should provide and maintain policy, legal and organizational frameworks that promote responsible governance of tenure of land, fisheries and forests. These frameworks are dependent on, and are
supported by broader reforms to the legal system, public service and judicial authorities
|
Right to remedy |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
40
Indigenous peoples have the right to access to and prompt decision through just and fair procedures for the resolution of conflicts and disputes with States or other parties, as well as to effective remedies for all infringements of their
individual and collective rights. Such a decision shall give due consideration to the customs, traditions, rules and legal systems of the indigenous peoples concerned and international human rights.
|
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 remedy |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
40
Indigenous peoples have the right to access to and prompt decision through just and fair procedures for the resolution of conflicts and disputes with States or other parties, as well as to effective remedies for all infringements of their
individual and collective rights. Such a decision shall give due consideration to the customs, traditions, rules and legal systems of the indigenous peoples concerned and international human rights.
|
General matters
5. Policy, legal and organizational frameworks related to tenure |
5.6
States should place responsibilities at levels of government that can most effectively deliver services to the people. States should clearly define the
roles and responsibilities of agencies dealing with tenure of land, fisheries and forests. States should ensure coordination between implementing agencies, as well as with local governments, and indigenous peoples and other communities with customary tenure systems
|
Right to remedy |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
40
Indigenous peoples have the right to access to and prompt decision through just and fair procedures for the resolution of conflicts and disputes with States or other parties, as well as to effective remedies for all infringements of their
individual and collective rights. Such a decision shall give due consideration to the customs, traditions, rules and legal systems of the indigenous peoples concerned and international human rights.
|
General matters
5. Policy, legal and organizational frameworks related to tenure |
5.8
States and other parties should regularly review and monitor policy, legal and organizational frameworks to maintain their effectiveness. Implementing agencies and judicial authorities should engage with civil society, user representatives and the broader public to improve services and endeavour to prevent corruption through transparent processes and decision-making. Information about changes and their anticipated impacts should be clearly stated and widely publicized in applicable languages.
|
Right to remedy |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
40
Indigenous peoples have the right to access to and prompt decision through just and fair procedures for the resolution of conflicts and disputes with States or other parties, as well as to effective remedies for all infringements of their
individual and collective rights. Such a decision shall give due consideration to the customs, traditions, rules and legal systems of the indigenous peoples concerned and international human rights.
|
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 remedy |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
40
Indigenous peoples have the right to access to and prompt decision through just and fair procedures for the resolution of conflicts and disputes with States or other parties, as well as to effective remedies for all infringements of their
individual and collective rights. Such a decision shall give due consideration to the customs, traditions, rules and legal systems of the indigenous peoples concerned and international human rights.
|
General matters
6. Delivery of services |
6.3
States should provide prompt, accessible and non-discriminatory services to protect tenure rights, to promote and facilitate the enjoyment of those
rights, and to resolve disputes. States should eliminate unnecessary legal and procedural requirements and strive to overcome barriers related to
tenure rights. States should review services of implementing agencies and
judicial authorities, and introduce improvements where required.
|
Right to remedy |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
40
Indigenous peoples have the right to access to and prompt decision through just and fair procedures for the resolution of conflicts and disputes with States or other parties, as well as to effective remedies for all infringements of their
individual and collective rights. Such a decision shall give due consideration to the customs, traditions, rules and legal systems of the indigenous peoples concerned and international human rights.
|
General matters
6. Delivery of services |
6.3
States should provide prompt, accessible and non-discriminatory services to protect tenure rights, to promote and facilitate the enjoyment of those
rights, and to resolve disputes. States should eliminate unnecessary legal and procedural requirements and strive to overcome barriers related to
tenure rights. States should review services of implementing agencies and
judicial authorities, and introduce improvements where required.
|
Right to remedy |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
40
Indigenous peoples have the right to access to and prompt decision through just and fair procedures for the resolution of conflicts and disputes with States or other parties, as well as to effective remedies for all infringements of their
individual and collective rights. Such a decision shall give due consideration to the customs, traditions, rules and legal systems of the indigenous peoples concerned and international human rights.
|
General matters
6. Delivery of services |
6.4
States should ensure that implementing agencies and judicial authorities
serve the entire population, delivering services to all, including those in
remote locations. Services should be provided promptly and efficiently
using locally suitable technology to increase efficiency and accessibility.
Internal guidelines should be established so that staff can implement
policies and laws in a reliable and consistent manner. Procedures should
be simplified without threatening tenure security or quality of justice.
Explanatory materials should be widely publicized in ap
|
Right to remedy |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
40
Indigenous peoples have the right to access to and prompt decision through just and fair procedures for the resolution of conflicts and disputes with States or other parties, as well as to effective remedies for all infringements of their
individual and collective rights. Such a decision shall give due consideration to the customs, traditions, rules and legal systems of the indigenous peoples concerned and international human rights.
|
General matters
6. Delivery of services |
6.4
States should ensure that implementing agencies and judicial authorities
serve the entire population, delivering services to all, including those in
remote locations. Services should be provided promptly and efficiently
using locally suitable technology to increase efficiency and accessibility.
Internal guidelines should be established so that staff can implement
policies and laws in a reliable and consistent manner. Procedures should
be simplified without threatening tenure security or quality of justice.
Explanatory materials should be widely publicized in ap
|
Right to remedy |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
40
Indigenous peoples have the right to access to and prompt decision through just and fair procedures for the resolution of conflicts and disputes with States or other parties, as well as to effective remedies for all infringements of their
individual and collective rights. Such a decision shall give due consideration to the customs, traditions, rules and legal systems of the indigenous peoples concerned and international human rights.
|
General matters
6. Delivery of services |
6.4
States should ensure that implementing agencies and judicial authorities
serve the entire population, delivering services to all, including those in
remote locations. Services should be provided promptly and efficiently
using locally suitable technology to increase efficiency and accessibility.
Internal guidelines should be established so that staff can implement
policies and laws in a reliable and consistent manner. Procedures should
be simplified without threatening tenure security or quality of justice.
Explanatory materials should be widely publicized in ap
|
Right to remedy |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
40
Indigenous peoples have the right to access to and prompt decision through just and fair procedures for the resolution of conflicts and disputes with States or other parties, as well as to effective remedies for all infringements of their
individual and collective rights. Such a decision shall give due consideration to the customs, traditions, rules and legal systems of the indigenous peoples concerned and international human rights.
|
General matters
6. Delivery of services |
6.6
States and other parties should consider additional measures to support
vulnerable or marginalized groups who could not otherwise access
administrative and judicial services. These measures should include legal
support, such as affordable legal aid, and may also include the provision
of services of paralegals or parasurveyors, and mobile services for remote
communities and mobile indigenous peoples
|
Right to remedy |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
40
Indigenous peoples have the right to access to and prompt decision through just and fair procedures for the resolution of conflicts and disputes with States or other parties, as well as to effective remedies for all infringements of their
individual and collective rights. Such a decision shall give due consideration to the customs, traditions, rules and legal systems of the indigenous peoples concerned and international human rights.
|
General matters
6. Delivery of services |
6.7
States should encourage implementing agencies and judicial authorities to foster a culture based on service and ethical behaviour. Agencies and
judicial authorities should seek regular feedback, such as through surveys and focus groups, to raise standards and improve delivery of services,
to meet expectations, and to satisfy new needs. They should publish performance standards and report regularly on results. Users should have
means of addressing complaints either within the implementing agency, such as by administrative review, or externally, such as by an independent
review or through an ombudsman
|
Right to remedy |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
40
Indigenous peoples have the right to access to and prompt decision through just and fair procedures for the resolution of conflicts and disputes with States or other parties, as well as to effective remedies for all infringements of their
individual and collective rights. Such a decision shall give due consideration to the customs, traditions, rules and legal systems of the indigenous peoples concerned and international human rights.
|
General matters
6. Delivery of services |
6.7
States should encourage implementing agencies and judicial authorities to foster a culture based on service and ethical behaviour. Agencies and
judicial authorities should seek regular feedback, such as through surveys and focus groups, to raise standards and improve delivery of services,
to meet expectations, and to satisfy new needs. They should publish performance standards and report regularly on results. Users should have
means of addressing complaints either within the implementing agency, such as by administrative review, or externally, such as by an independent
review or through an ombudsman
|
Right to remedy |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
40
Indigenous peoples have the right to access to and prompt decision through just and fair procedures for the resolution of conflicts and disputes with States or other parties, as well as to effective remedies for all infringements of their
individual and collective rights. Such a decision shall give due consideration to the customs, traditions, rules and legal systems of the indigenous peoples concerned and international human rights.
|
General matters
6. Delivery of services |
6.8
Relevant professional associations for services related to tenure should develop, publicize and monitor the implementation of high levels of
ethical behaviour. Public and private sector parties should adhere to
applicable ethical standards, and be subject to disciplinary action in case
of violations. Where such associations do not exist, States should ensure
an environment conducive to their establishment.
|
Right to remedy |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
40
Indigenous peoples have the right to access to and prompt decision through just and fair procedures for the resolution of conflicts and disputes with States or other parties, as well as to effective remedies for all infringements of their
individual and collective rights. Such a decision shall give due consideration to the customs, traditions, rules and legal systems of the indigenous peoples concerned and international human rights.
|
General matters
6. Delivery of services |
6.9
States and non-state actors should endeavour to prevent corruption with
regard to tenure rights. States should do so particularly through consultation
and participation, rule of law, transparency and accountability. States
should adopt and enforce anti-corruption measures including applying
checks and balances, limiting the arbitrary use of power, addressing
conflicts of interest and adopting clear rules and regulations. States
should provide for the administrative and/or judicial review of decisions
of implementing agencies. Staff working on the administration of tenure
should be held accountable for their actions. They should be provided with
the means of conducting their duties effectively. They should be protected
against interference in their duties and from retaliation for reporting acts
of corruption
|
Right to remedy |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
40
Indigenous peoples have the right to access to and prompt decision through just and fair procedures for the resolution of conflicts and disputes with States or other parties, as well as to effective remedies for all infringements of their
individual and collective rights. Such a decision shall give due consideration to the customs, traditions, rules and legal systems of the indigenous peoples concerned and international human rights.
|
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 remedy |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
40
Indigenous peoples have the right to access to and prompt decision through just and fair procedures for the resolution of conflicts and disputes with States or other parties, as well as to effective remedies for all infringements of their
individual and collective rights. Such a decision shall give due consideration to the customs, traditions, rules and legal systems of the indigenous peoples concerned and international human rights.
|
Legal recognition and allocation of tenure rights and duties
7. Safeguards |
7.3
Where States intend to recognize or allocate tenure rights, they should first identify all existing tenure rights and right holders, whether recorded or not. Indigenous peoples and other communities with customary tenure systems, smallholders and anyone else who could be affected should be included in the consultation process, consistent with paragraphs 3B.6 and 9.9. States should provide access to justice, consistent with paragraph 4.9 if people believe their tenure rights are not recognized.
|
Right to remedy |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
40
Indigenous peoples have the right to access to and prompt decision through just and fair procedures for the resolution of conflicts and disputes with States or other parties, as well as to effective remedies for all infringements of their
individual and collective rights. Such a decision shall give due consideration to the customs, traditions, rules and legal systems of the indigenous peoples concerned and international human rights.
|
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 remedy |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
40
Indigenous peoples have the right to access to and prompt decision through just and fair procedures for the resolution of conflicts and disputes with States or other parties, as well as to effective remedies for all infringements of their
individual and collective rights. Such a decision shall give due consideration to the customs, traditions, rules and legal systems of the indigenous peoples concerned and international human rights.
|
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 remedy |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
40
Indigenous peoples have the right to access to and prompt decision through just and fair procedures for the resolution of conflicts and disputes with States or other parties, as well as to effective remedies for all infringements of their
individual and collective rights. Such a decision shall give due consideration to the customs, traditions, rules and legal systems of the indigenous peoples concerned and international human rights.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.10
To the extent that resources permit, States should ensure that competent
bodies responsible for land, fisheries and forests have the human, physical, financial and other forms of capacity. Where responsibilities for tenure governance are delegated, the recipients should receive training
and other support so they can perform those responsibilities.
|
Right to remedy |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
40
Indigenous peoples have the right to access to and prompt decision through just and fair procedures for the resolution of conflicts and disputes with States or other parties, as well as to effective remedies for all infringements of their
individual and collective rights. Such a decision shall give due consideration to the customs, traditions, rules and legal systems of the indigenous peoples concerned and international human rights.
|
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 remedy |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
40
Indigenous peoples have the right to access to and prompt decision through just and fair procedures for the resolution of conflicts and disputes with States or other parties, as well as to effective remedies for all infringements of their
individual and collective rights. Such a decision shall give due consideration to the customs, traditions, rules and legal systems of the indigenous peoples concerned and international human rights.
|
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 remedy |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
40
Indigenous peoples have the right to access to and prompt decision through just and fair procedures for the resolution of conflicts and disputes with States or other parties, as well as to effective remedies for all infringements of their
individual and collective rights. Such a decision shall give due consideration to the customs, traditions, rules and legal systems of the indigenous peoples concerned and international human rights.
|
Legal recognition and allocation of tenure rights and duties
10. Informal tenure |
10.5
States should endeavour to prevent corruption, particularly through increasing transparency, holding decision-makers accountable, and ensuring that impartial decisions are delivered promptly
|
Right to remedy |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
40
Indigenous peoples have the right to access to and prompt decision through just and fair procedures for the resolution of conflicts and disputes with States or other parties, as well as to effective remedies for all infringements of their
individual and collective rights. Such a decision shall give due consideration to the customs, traditions, rules and legal systems of the indigenous peoples concerned and international human rights.
|
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 remedy |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
40
Indigenous peoples have the right to access to and prompt decision through just and fair procedures for the resolution of conflicts and disputes with States or other parties, as well as to effective remedies for all infringements of their
individual and collective rights. Such a decision shall give due consideration to the customs, traditions, rules and legal systems of the indigenous peoples concerned and international human rights.
|
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 remedy |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
40
Indigenous peoples have the right to access to and prompt decision through just and fair procedures for the resolution of conflicts and disputes with States or other parties, as well as to effective remedies for all infringements of their
individual and collective rights. Such a decision shall give due consideration to the customs, traditions, rules and legal systems of the indigenous peoples concerned and international human rights.
|
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 remedy |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
40
Indigenous peoples have the right to access to and prompt decision through just and fair procedures for the resolution of conflicts and disputes with States or other parties, as well as to effective remedies for all infringements of their
individual and collective rights. Such a decision shall give due consideration to the customs, traditions, rules and legal systems of the indigenous peoples concerned and international human rights.
|
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 remedy |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
8.2
2. States shall provide effective mechanisms for prevention of, and redress for:
(a) Any action which has the aim or effect of depriving them of their
integrity as distinct peoples, or of their cultural values or ethnic identities;
(b) Any action which has the aim or effect of dispossessing them of their lands, territories or resources;
(c) Any form of forced population transfer which has the aim or effect of violating or undermining any of their rights;
(d) Any form of forced assimilation or integration;
(e) Any form of propaganda designed to promote or incite racial or ethnic discrimination directed against them.
|
General matters
3. Guiding principles of responsible tenure governance |
3.1.4
States should: Provide access to justice to deal with infringements of legitimate tenure rights. They should provide effective and accessible means to everyone, through judicial authorities or other approaches, to
resolve disputes over tenure rights; and to provide affordable and prompt enforcement of outcomes. States should provide prompt, just compensation where tenure rights are taken for public purposes.
|
Right to remedy |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
8.2
2. States shall provide effective mechanisms for prevention of, and redress for:
(a) Any action which has the aim or effect of depriving them of their
integrity as distinct peoples, or of their cultural values or ethnic identities;
(b) Any action which has the aim or effect of dispossessing them of their lands, territories or resources;
(c) Any form of forced population transfer which has the aim or effect of violating or undermining any of their rights;
(d) Any form of forced assimilation or integration;
(e) Any form of propaganda designed to promote or incite racial or ethnic discrimination directed against them.
|
General matters
3. Guiding principles of responsible tenure governance |
3.2
Non-state actors including business enterprises have a responsibility to respect human rights and legitimate tenure rights. Business enterprises should act with due diligence to avoid infringing on the human rights and
legitimate tenure rights of others. They should include appropriate risk management systems to prevent and address adverse impacts on human rights and legitimate tenure rights. Business enterprises should provide for
and cooperate in non-judicial mechanisms to provide remedy, including effective operational-level grievance mechanisms, where appropriate, where they have caused or contributed to adverse impacts on human rights and legitimate tenure rights. Business enterprises should identify and assess any actual or potential impacts on human rights and legitimate tenure rights in which they may be involved. States, in accordance with their international obligations, should provide access to effective judicial remedies for negative impacts on human rights and legitimate tenure rights by business enterprises. Where transnational corporations are involved, their home States have roles to play in assisting both those corporations and host States to ensure that businesses are not involved in abuse of human rights and legitimate tenure rights. States should take additional steps to protect against abuses of human rights and legitimate tenure rights by business enterprises that are owned or controlled by the State, or that receive substantial support and service from State agencies.
|
Right to remedy |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
8.2
2. States shall provide effective mechanisms for prevention of, and redress for:
(a) Any action which has the aim or effect of depriving them of their
integrity as distinct peoples, or of their cultural values or ethnic identities;
(b) Any action which has the aim or effect of dispossessing them of their lands, territories or resources;
(c) Any form of forced population transfer which has the aim or effect of violating or undermining any of their rights;
(d) Any form of forced assimilation or integration;
(e) Any form of propaganda designed to promote or incite racial or ethnic discrimination directed against them.
|
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 remedy |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
8.2
2. States shall provide effective mechanisms for prevention of, and redress for:
(a) Any action which has the aim or effect of depriving them of their
integrity as distinct peoples, or of their cultural values or ethnic identities;
(b) Any action which has the aim or effect of dispossessing them of their lands, territories or resources;
(c) Any form of forced population transfer which has the aim or effect of violating or undermining any of their rights;
(d) Any form of forced assimilation or integration;
(e) Any form of propaganda designed to promote or incite racial or ethnic discrimination directed against them.
|
General matters
4. Rights and responsibilities related to tenure |
4.8
Given that all human rights are universal, indivisible, interdependent and interrelated, the governance of tenure of land, fisheries and forests should
not only take into account rights that are directly linked to access and use of land, fisheries and forests, but also all civil, political, economic, social and cultural rights. In doing so, States should respect and protect the civil and political rights of defenders of human rights, including the human rights of peasants, indigenous peoples, fishers, pastoralists and rural workers, and should observe their human rights obligations when dealing with individuals and associations acting in defence of land, fisheries and forests.
|
Right to remedy |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
8.2
2. States shall provide effective mechanisms for prevention of, and redress for:
(a) Any action which has the aim or effect of depriving them of their
integrity as distinct peoples, or of their cultural values or ethnic identities;
(b) Any action which has the aim or effect of dispossessing them of their lands, territories or resources;
(c) Any form of forced population transfer which has the aim or effect of violating or undermining any of their rights;
(d) Any form of forced assimilation or integration;
(e) Any form of propaganda designed to promote or incite racial or ethnic discrimination directed against them.
|
General matters
4. Rights and responsibilities related to tenure |
4.9
States should provide access through impartial and competent judicial and administrative bodies to timely, affordable and effective means of resolving disputes over tenure rights, including alternative means of
resolving such disputes, and should provide effective remedies, which may include a right of appeal, as appropriate. Such remedies should be
promptly enforced and may include restitution, indemnity, compensation and reparation. States should strive to ensure that vulnerable and marginalized persons have access to such means, in line with paragraphs 6.6 and 21.6. States should ensure that any person whose human rights are violated in the context of tenure has access to such means of dispute
resolution and remedies
|
Right to remedy |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
8.2
2. States shall provide effective mechanisms for prevention of, and redress for:
(a) Any action which has the aim or effect of depriving them of their
integrity as distinct peoples, or of their cultural values or ethnic identities;
(b) Any action which has the aim or effect of dispossessing them of their lands, territories or resources;
(c) Any form of forced population transfer which has the aim or effect of violating or undermining any of their rights;
(d) Any form of forced assimilation or integration;
(e) Any form of propaganda designed to promote or incite racial or ethnic discrimination directed against them.
|
General matters
5. Policy, legal and organizational frameworks related to tenure |
5.1
States should provide and maintain policy, legal and organizational frameworks that promote responsible governance of tenure of land, fisheries and forests. These frameworks are dependent on, and are
supported by broader reforms to the legal system, public service and judicial authorities
|
Right to remedy |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
8.2
2. States shall provide effective mechanisms for prevention of, and redress for:
(a) Any action which has the aim or effect of depriving them of their
integrity as distinct peoples, or of their cultural values or ethnic identities;
(b) Any action which has the aim or effect of dispossessing them of their lands, territories or resources;
(c) Any form of forced population transfer which has the aim or effect of violating or undermining any of their rights;
(d) Any form of forced assimilation or integration;
(e) Any form of propaganda designed to promote or incite racial or ethnic discrimination directed against them.
|
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 remedy |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
8.2
2. States shall provide effective mechanisms for prevention of, and redress for:
(a) Any action which has the aim or effect of depriving them of their
integrity as distinct peoples, or of their cultural values or ethnic identities;
(b) Any action which has the aim or effect of dispossessing them of their lands, territories or resources;
(c) Any form of forced population transfer which has the aim or effect of violating or undermining any of their rights;
(d) Any form of forced assimilation or integration;
(e) Any form of propaganda designed to promote or incite racial or ethnic discrimination directed against them.
|
General matters
5. Policy, legal and organizational frameworks related to tenure |
5.6
States should place responsibilities at levels of government that can most effectively deliver services to the people. States should clearly define the
roles and responsibilities of agencies dealing with tenure of land, fisheries and forests. States should ensure coordination between implementing agencies, as well as with local governments, and indigenous peoples and other communities with customary tenure systems
|
Right to remedy |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
8.2
2. States shall provide effective mechanisms for prevention of, and redress for:
(a) Any action which has the aim or effect of depriving them of their
integrity as distinct peoples, or of their cultural values or ethnic identities;
(b) Any action which has the aim or effect of dispossessing them of their lands, territories or resources;
(c) Any form of forced population transfer which has the aim or effect of violating or undermining any of their rights;
(d) Any form of forced assimilation or integration;
(e) Any form of propaganda designed to promote or incite racial or ethnic discrimination directed against them.
|
General matters
5. Policy, legal and organizational frameworks related to tenure |
5.8
States and other parties should regularly review and monitor policy, legal and organizational frameworks to maintain their effectiveness. Implementing agencies and judicial authorities should engage with civil society, user representatives and the broader public to improve services and endeavour to prevent corruption through transparent processes and decision-making. Information about changes and their anticipated impacts should be clearly stated and widely publicized in applicable languages.
|
Right to remedy |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
8.2
2. States shall provide effective mechanisms for prevention of, and redress for:
(a) Any action which has the aim or effect of depriving them of their
integrity as distinct peoples, or of their cultural values or ethnic identities;
(b) Any action which has the aim or effect of dispossessing them of their lands, territories or resources;
(c) Any form of forced population transfer which has the aim or effect of violating or undermining any of their rights;
(d) Any form of forced assimilation or integration;
(e) Any form of propaganda designed to promote or incite racial or ethnic discrimination directed against them.
|
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 remedy |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
8.2
2. States shall provide effective mechanisms for prevention of, and redress for:
(a) Any action which has the aim or effect of depriving them of their
integrity as distinct peoples, or of their cultural values or ethnic identities;
(b) Any action which has the aim or effect of dispossessing them of their lands, territories or resources;
(c) Any form of forced population transfer which has the aim or effect of violating or undermining any of their rights;
(d) Any form of forced assimilation or integration;
(e) Any form of propaganda designed to promote or incite racial or ethnic discrimination directed against them.
|
General matters
6. Delivery of services |
6.3
States should provide prompt, accessible and non-discriminatory services to protect tenure rights, to promote and facilitate the enjoyment of those
rights, and to resolve disputes. States should eliminate unnecessary legal and procedural requirements and strive to overcome barriers related to
tenure rights. States should review services of implementing agencies and
judicial authorities, and introduce improvements where required.
|
Right to remedy |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
8.2
2. States shall provide effective mechanisms for prevention of, and redress for:
(a) Any action which has the aim or effect of depriving them of their
integrity as distinct peoples, or of their cultural values or ethnic identities;
(b) Any action which has the aim or effect of dispossessing them of their lands, territories or resources;
(c) Any form of forced population transfer which has the aim or effect of violating or undermining any of their rights;
(d) Any form of forced assimilation or integration;
(e) Any form of propaganda designed to promote or incite racial or ethnic discrimination directed against them.
|
General matters
6. Delivery of services |
6.3
States should provide prompt, accessible and non-discriminatory services to protect tenure rights, to promote and facilitate the enjoyment of those
rights, and to resolve disputes. States should eliminate unnecessary legal and procedural requirements and strive to overcome barriers related to
tenure rights. States should review services of implementing agencies and
judicial authorities, and introduce improvements where required.
|
Right to remedy |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
8.2
2. States shall provide effective mechanisms for prevention of, and redress for:
(a) Any action which has the aim or effect of depriving them of their
integrity as distinct peoples, or of their cultural values or ethnic identities;
(b) Any action which has the aim or effect of dispossessing them of their lands, territories or resources;
(c) Any form of forced population transfer which has the aim or effect of violating or undermining any of their rights;
(d) Any form of forced assimilation or integration;
(e) Any form of propaganda designed to promote or incite racial or ethnic discrimination directed against them.
|
General matters
6. Delivery of services |
6.4
States should ensure that implementing agencies and judicial authorities
serve the entire population, delivering services to all, including those in
remote locations. Services should be provided promptly and efficiently
using locally suitable technology to increase efficiency and accessibility.
Internal guidelines should be established so that staff can implement
policies and laws in a reliable and consistent manner. Procedures should
be simplified without threatening tenure security or quality of justice.
Explanatory materials should be widely publicized in ap
|
Right to remedy |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
8.2
2. States shall provide effective mechanisms for prevention of, and redress for:
(a) Any action which has the aim or effect of depriving them of their
integrity as distinct peoples, or of their cultural values or ethnic identities;
(b) Any action which has the aim or effect of dispossessing them of their lands, territories or resources;
(c) Any form of forced population transfer which has the aim or effect of violating or undermining any of their rights;
(d) Any form of forced assimilation or integration;
(e) Any form of propaganda designed to promote or incite racial or ethnic discrimination directed against them.
|
General matters
6. Delivery of services |
6.4
States should ensure that implementing agencies and judicial authorities
serve the entire population, delivering services to all, including those in
remote locations. Services should be provided promptly and efficiently
using locally suitable technology to increase efficiency and accessibility.
Internal guidelines should be established so that staff can implement
policies and laws in a reliable and consistent manner. Procedures should
be simplified without threatening tenure security or quality of justice.
Explanatory materials should be widely publicized in ap
|
Right to remedy |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
8.2
2. States shall provide effective mechanisms for prevention of, and redress for:
(a) Any action which has the aim or effect of depriving them of their
integrity as distinct peoples, or of their cultural values or ethnic identities;
(b) Any action which has the aim or effect of dispossessing them of their lands, territories or resources;
(c) Any form of forced population transfer which has the aim or effect of violating or undermining any of their rights;
(d) Any form of forced assimilation or integration;
(e) Any form of propaganda designed to promote or incite racial or ethnic discrimination directed against them.
|
General matters
6. Delivery of services |
6.4
States should ensure that implementing agencies and judicial authorities
serve the entire population, delivering services to all, including those in
remote locations. Services should be provided promptly and efficiently
using locally suitable technology to increase efficiency and accessibility.
Internal guidelines should be established so that staff can implement
policies and laws in a reliable and consistent manner. Procedures should
be simplified without threatening tenure security or quality of justice.
Explanatory materials should be widely publicized in ap
|
Right to remedy |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
8.2
2. States shall provide effective mechanisms for prevention of, and redress for:
(a) Any action which has the aim or effect of depriving them of their
integrity as distinct peoples, or of their cultural values or ethnic identities;
(b) Any action which has the aim or effect of dispossessing them of their lands, territories or resources;
(c) Any form of forced population transfer which has the aim or effect of violating or undermining any of their rights;
(d) Any form of forced assimilation or integration;
(e) Any form of propaganda designed to promote or incite racial or ethnic discrimination directed against them.
|
General matters
6. Delivery of services |
6.6
States and other parties should consider additional measures to support
vulnerable or marginalized groups who could not otherwise access
administrative and judicial services. These measures should include legal
support, such as affordable legal aid, and may also include the provision
of services of paralegals or parasurveyors, and mobile services for remote
communities and mobile indigenous peoples
|
Right to remedy |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
8.2
2. States shall provide effective mechanisms for prevention of, and redress for:
(a) Any action which has the aim or effect of depriving them of their
integrity as distinct peoples, or of their cultural values or ethnic identities;
(b) Any action which has the aim or effect of dispossessing them of their lands, territories or resources;
(c) Any form of forced population transfer which has the aim or effect of violating or undermining any of their rights;
(d) Any form of forced assimilation or integration;
(e) Any form of propaganda designed to promote or incite racial or ethnic discrimination directed against them.
|
General matters
6. Delivery of services |
6.7
States should encourage implementing agencies and judicial authorities to foster a culture based on service and ethical behaviour. Agencies and
judicial authorities should seek regular feedback, such as through surveys and focus groups, to raise standards and improve delivery of services,
to meet expectations, and to satisfy new needs. They should publish performance standards and report regularly on results. Users should have
means of addressing complaints either within the implementing agency, such as by administrative review, or externally, such as by an independent
review or through an ombudsman
|
Right to remedy |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
8.2
2. States shall provide effective mechanisms for prevention of, and redress for:
(a) Any action which has the aim or effect of depriving them of their
integrity as distinct peoples, or of their cultural values or ethnic identities;
(b) Any action which has the aim or effect of dispossessing them of their lands, territories or resources;
(c) Any form of forced population transfer which has the aim or effect of violating or undermining any of their rights;
(d) Any form of forced assimilation or integration;
(e) Any form of propaganda designed to promote or incite racial or ethnic discrimination directed against them.
|
General matters
6. Delivery of services |
6.7
States should encourage implementing agencies and judicial authorities to foster a culture based on service and ethical behaviour. Agencies and
judicial authorities should seek regular feedback, such as through surveys and focus groups, to raise standards and improve delivery of services,
to meet expectations, and to satisfy new needs. They should publish performance standards and report regularly on results. Users should have
means of addressing complaints either within the implementing agency, such as by administrative review, or externally, such as by an independent
review or through an ombudsman
|
Right to remedy |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
8.2
2. States shall provide effective mechanisms for prevention of, and redress for:
(a) Any action which has the aim or effect of depriving them of their
integrity as distinct peoples, or of their cultural values or ethnic identities;
(b) Any action which has the aim or effect of dispossessing them of their lands, territories or resources;
(c) Any form of forced population transfer which has the aim or effect of violating or undermining any of their rights;
(d) Any form of forced assimilation or integration;
(e) Any form of propaganda designed to promote or incite racial or ethnic discrimination directed against them.
|
General matters
6. Delivery of services |
6.8
Relevant professional associations for services related to tenure should develop, publicize and monitor the implementation of high levels of
ethical behaviour. Public and private sector parties should adhere to
applicable ethical standards, and be subject to disciplinary action in case
of violations. Where such associations do not exist, States should ensure
an environment conducive to their establishment.
|
Right to remedy |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
8.2
2. States shall provide effective mechanisms for prevention of, and redress for:
(a) Any action which has the aim or effect of depriving them of their
integrity as distinct peoples, or of their cultural values or ethnic identities;
(b) Any action which has the aim or effect of dispossessing them of their lands, territories or resources;
(c) Any form of forced population transfer which has the aim or effect of violating or undermining any of their rights;
(d) Any form of forced assimilation or integration;
(e) Any form of propaganda designed to promote or incite racial or ethnic discrimination directed against them.
|
General matters
6. Delivery of services |
6.9
States and non-state actors should endeavour to prevent corruption with
regard to tenure rights. States should do so particularly through consultation
and participation, rule of law, transparency and accountability. States
should adopt and enforce anti-corruption measures including applying
checks and balances, limiting the arbitrary use of power, addressing
conflicts of interest and adopting clear rules and regulations. States
should provide for the administrative and/or judicial review of decisions
of implementing agencies. Staff working on the administration of tenure
should be held accountable for their actions. They should be provided with
the means of conducting their duties effectively. They should be protected
against interference in their duties and from retaliation for reporting acts
of corruption
|
Right to remedy |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
8.2
2. States shall provide effective mechanisms for prevention of, and redress for:
(a) Any action which has the aim or effect of depriving them of their
integrity as distinct peoples, or of their cultural values or ethnic identities;
(b) Any action which has the aim or effect of dispossessing them of their lands, territories or resources;
(c) Any form of forced population transfer which has the aim or effect of violating or undermining any of their rights;
(d) Any form of forced assimilation or integration;
(e) Any form of propaganda designed to promote or incite racial or ethnic discrimination directed against them.
|
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 remedy |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
8.2
2. States shall provide effective mechanisms for prevention of, and redress for:
(a) Any action which has the aim or effect of depriving them of their
integrity as distinct peoples, or of their cultural values or ethnic identities;
(b) Any action which has the aim or effect of dispossessing them of their lands, territories or resources;
(c) Any form of forced population transfer which has the aim or effect of violating or undermining any of their rights;
(d) Any form of forced assimilation or integration;
(e) Any form of propaganda designed to promote or incite racial or ethnic discrimination directed against them.
|
Legal recognition and allocation of tenure rights and duties
7. Safeguards |
7.3
Where States intend to recognize or allocate tenure rights, they should first identify all existing tenure rights and right holders, whether recorded or not. Indigenous peoples and other communities with customary tenure systems, smallholders and anyone else who could be affected should be included in the consultation process, consistent with paragraphs 3B.6 and 9.9. States should provide access to justice, consistent with paragraph 4.9 if people believe their tenure rights are not recognized.
|
Right to remedy |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
8.2
2. States shall provide effective mechanisms for prevention of, and redress for:
(a) Any action which has the aim or effect of depriving them of their
integrity as distinct peoples, or of their cultural values or ethnic identities;
(b) Any action which has the aim or effect of dispossessing them of their lands, territories or resources;
(c) Any form of forced population transfer which has the aim or effect of violating or undermining any of their rights;
(d) Any form of forced assimilation or integration;
(e) Any form of propaganda designed to promote or incite racial or ethnic discrimination directed against them.
|
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 remedy |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
8.2
2. States shall provide effective mechanisms for prevention of, and redress for:
(a) Any action which has the aim or effect of depriving them of their
integrity as distinct peoples, or of their cultural values or ethnic identities;
(b) Any action which has the aim or effect of dispossessing them of their lands, territories or resources;
(c) Any form of forced population transfer which has the aim or effect of violating or undermining any of their rights;
(d) Any form of forced assimilation or integration;
(e) Any form of propaganda designed to promote or incite racial or ethnic discrimination directed against them.
|
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 remedy |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
8.2
2. States shall provide effective mechanisms for prevention of, and redress for:
(a) Any action which has the aim or effect of depriving them of their
integrity as distinct peoples, or of their cultural values or ethnic identities;
(b) Any action which has the aim or effect of dispossessing them of their lands, territories or resources;
(c) Any form of forced population transfer which has the aim or effect of violating or undermining any of their rights;
(d) Any form of forced assimilation or integration;
(e) Any form of propaganda designed to promote or incite racial or ethnic discrimination directed against them.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.10
To the extent that resources permit, States should ensure that competent
bodies responsible for land, fisheries and forests have the human, physical, financial and other forms of capacity. Where responsibilities for tenure governance are delegated, the recipients should receive training
and other support so they can perform those responsibilities.
|
Right to remedy |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
8.2
2. States shall provide effective mechanisms for prevention of, and redress for:
(a) Any action which has the aim or effect of depriving them of their
integrity as distinct peoples, or of their cultural values or ethnic identities;
(b) Any action which has the aim or effect of dispossessing them of their lands, territories or resources;
(c) Any form of forced population transfer which has the aim or effect of violating or undermining any of their rights;
(d) Any form of forced assimilation or integration;
(e) Any form of propaganda designed to promote or incite racial or ethnic discrimination directed against them.
|
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 remedy |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
8.2
2. States shall provide effective mechanisms for prevention of, and redress for:
(a) Any action which has the aim or effect of depriving them of their
integrity as distinct peoples, or of their cultural values or ethnic identities;
(b) Any action which has the aim or effect of dispossessing them of their lands, territories or resources;
(c) Any form of forced population transfer which has the aim or effect of violating or undermining any of their rights;
(d) Any form of forced assimilation or integration;
(e) Any form of propaganda designed to promote or incite racial or ethnic discrimination directed against them.
|
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 remedy |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
8.2
2. States shall provide effective mechanisms for prevention of, and redress for:
(a) Any action which has the aim or effect of depriving them of their
integrity as distinct peoples, or of their cultural values or ethnic identities;
(b) Any action which has the aim or effect of dispossessing them of their lands, territories or resources;
(c) Any form of forced population transfer which has the aim or effect of violating or undermining any of their rights;
(d) Any form of forced assimilation or integration;
(e) Any form of propaganda designed to promote or incite racial or ethnic discrimination directed against them.
|
Legal recognition and allocation of tenure rights and duties
10. Informal tenure |
10.5
States should endeavour to prevent corruption, particularly through increasing transparency, holding decision-makers accountable, and ensuring that impartial decisions are delivered promptly
|
Right to remedy |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
8.2
2. States shall provide effective mechanisms for prevention of, and redress for:
(a) Any action which has the aim or effect of depriving them of their
integrity as distinct peoples, or of their cultural values or ethnic identities;
(b) Any action which has the aim or effect of dispossessing them of their lands, territories or resources;
(c) Any form of forced population transfer which has the aim or effect of violating or undermining any of their rights;
(d) Any form of forced assimilation or integration;
(e) Any form of propaganda designed to promote or incite racial or ethnic discrimination directed against them.
|
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 remedy |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
8.2
2. States shall provide effective mechanisms for prevention of, and redress for:
(a) Any action which has the aim or effect of depriving them of their
integrity as distinct peoples, or of their cultural values or ethnic identities;
(b) Any action which has the aim or effect of dispossessing them of their lands, territories or resources;
(c) Any form of forced population transfer which has the aim or effect of violating or undermining any of their rights;
(d) Any form of forced assimilation or integration;
(e) Any form of propaganda designed to promote or incite racial or ethnic discrimination directed against them.
|
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 remedy |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
8.2
2. States shall provide effective mechanisms for prevention of, and redress for:
(a) Any action which has the aim or effect of depriving them of their
integrity as distinct peoples, or of their cultural values or ethnic identities;
(b) Any action which has the aim or effect of dispossessing them of their lands, territories or resources;
(c) Any form of forced population transfer which has the aim or effect of violating or undermining any of their rights;
(d) Any form of forced assimilation or integration;
(e) Any form of propaganda designed to promote or incite racial or ethnic discrimination directed against them.
|
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 remedy |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
8.2
2. States shall provide effective mechanisms for prevention of, and redress for:
(a) Any action which has the aim or effect of depriving them of their
integrity as distinct peoples, or of their cultural values or ethnic identities;
(b) Any action which has the aim or effect of dispossessing them of their lands, territories or resources;
(c) Any form of forced population transfer which has the aim or effect of violating or undermining any of their rights;
(d) Any form of forced assimilation or integration;
(e) Any form of propaganda designed to promote or incite racial or ethnic discrimination directed against them.
|
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 remedy |
UN Guiding Principles on Business and Human Rights - UNGP
UN Guiding Principles on Business and Human Rights |
UN Guiding Principles on Business and Human Rights Pillar 3
Access to remedy for victims of business-related abuses. The third pillar of the UNGPs affirms that States must ensure access to an effective remedy for those whose rights are affected by businesses. This includes taking appropriate steps to ensure that State-based domestic judicial mechanisms are able to effectively address business-related human rights abuses, and do not erect barriers that prevent victims from presenting their cases. Businesses should also provide for, or participate in, effective mechanisms for fielding and addressing grievances from individuals and communities who may be adversely impacted by the business’ operations.
|
General matters
3. Guiding principles of responsible tenure governance |
3.2
Non-state actors including business enterprises have a responsibility to respect human rights and legitimate tenure rights. Business enterprises should act with due diligence to avoid infringing on the human rights and
legitimate tenure rights of others. They should include appropriate risk management systems to prevent and address adverse impacts on human rights and legitimate tenure rights. Business enterprises should provide for
and cooperate in non-judicial mechanisms to provide remedy, including effective operational-level grievance mechanisms, where appropriate, where they have caused or contributed to adverse impacts on human rights and legitimate tenure rights. Business enterprises should identify and assess any actual or potential impacts on human rights and legitimate tenure rights in which they may be involved. States, in accordance with their international obligations, should provide access to effective judicial remedies for negative impacts on human rights and legitimate tenure rights by business enterprises. Where transnational corporations are involved, their home States have roles to play in assisting both those corporations and host States to ensure that businesses are not involved in abuse of human rights and legitimate tenure rights. States should take additional steps to protect against abuses of human rights and legitimate tenure rights by business enterprises that are owned or controlled by the State, or that receive substantial support and service from State agencies.
|
Right to remedy |
UN Guiding Principles on Business and Human Rights - UNGP
UN Guiding Principles on Business and Human Rights |
UN Guiding Principles on Business and Human Rights Pillar 3
Access to remedy for victims of business-related abuses. The third pillar of the UNGPs affirms that States must ensure access to an effective remedy for those whose rights are affected by businesses. This includes taking appropriate steps to ensure that State-based domestic judicial mechanisms are able to effectively address business-related human rights abuses, and do not erect barriers that prevent victims from presenting their cases. Businesses should also provide for, or participate in, effective mechanisms for fielding and addressing grievances from individuals and communities who may be adversely impacted by the business’ operations.
|
General matters
4. Rights and responsibilities related to tenure |
4.8
Given that all human rights are universal, indivisible, interdependent and interrelated, the governance of tenure of land, fisheries and forests should
not only take into account rights that are directly linked to access and use of land, fisheries and forests, but also all civil, political, economic, social and cultural rights. In doing so, States should respect and protect the civil and political rights of defenders of human rights, including the human rights of peasants, indigenous peoples, fishers, pastoralists and rural workers, and should observe their human rights obligations when dealing with individuals and associations acting in defence of land, fisheries and forests.
|
Right to remedy |
UN Guiding Principles on Business and Human Rights - UNGP
UN Guiding Principles on Business and Human Rights |
UN Guiding Principles on Business and Human Rights Pillar 3
Access to remedy for victims of business-related abuses. The third pillar of the UNGPs affirms that States must ensure access to an effective remedy for those whose rights are affected by businesses. This includes taking appropriate steps to ensure that State-based domestic judicial mechanisms are able to effectively address business-related human rights abuses, and do not erect barriers that prevent victims from presenting their cases. Businesses should also provide for, or participate in, effective mechanisms for fielding and addressing grievances from individuals and communities who may be adversely impacted by the business’ operations.
|
General matters
4. Rights and responsibilities related to tenure |
4.9
States should provide access through impartial and competent judicial and administrative bodies to timely, affordable and effective means of resolving disputes over tenure rights, including alternative means of
resolving such disputes, and should provide effective remedies, which may include a right of appeal, as appropriate. Such remedies should be
promptly enforced and may include restitution, indemnity, compensation and reparation. States should strive to ensure that vulnerable and marginalized persons have access to such means, in line with paragraphs 6.6 and 21.6. States should ensure that any person whose human rights are violated in the context of tenure has access to such means of dispute
resolution and remedies
|
Right to remedy |
UN Guiding Principles on Business and Human Rights - UNGP
UN Guiding Principles on Business and Human Rights |
UN Guiding Principles on Business and Human Rights Pillar 3
Access to remedy for victims of business-related abuses. The third pillar of the UNGPs affirms that States must ensure access to an effective remedy for those whose rights are affected by businesses. This includes taking appropriate steps to ensure that State-based domestic judicial mechanisms are able to effectively address business-related human rights abuses, and do not erect barriers that prevent victims from presenting their cases. Businesses should also provide for, or participate in, effective mechanisms for fielding and addressing grievances from individuals and communities who may be adversely impacted by the business’ operations.
|
General matters
4. Rights and responsibilities related to tenure |
4.9
States should provide access through impartial and competent judicial and administrative bodies to timely, affordable and effective means of resolving disputes over tenure rights, including alternative means of
resolving such disputes, and should provide effective remedies, which may include a right of appeal, as appropriate. Such remedies should be
promptly enforced and may include restitution, indemnity, compensation and reparation. States should strive to ensure that vulnerable and marginalized persons have access to such means, in line with paragraphs 6.6 and 21.6. States should ensure that any person whose human rights are violated in the context of tenure has access to such means of dispute
resolution and remedies
|
Right to remedy |
UN Guiding Principles on Business and Human Rights - UNGP
UN Guiding Principles on Business and Human Rights |
UN Guiding Principles on Business and Human Rights Pillar 3
Access to remedy for victims of business-related abuses. The third pillar of the UNGPs affirms that States must ensure access to an effective remedy for those whose rights are affected by businesses. This includes taking appropriate steps to ensure that State-based domestic judicial mechanisms are able to effectively address business-related human rights abuses, and do not erect barriers that prevent victims from presenting their cases. Businesses should also provide for, or participate in, effective mechanisms for fielding and addressing grievances from individuals and communities who may be adversely impacted by the business’ operations.
|
General matters
5. Policy, legal and organizational frameworks related to tenure |
5.1
States should provide and maintain policy, legal and organizational frameworks that promote responsible governance of tenure of land, fisheries and forests. These frameworks are dependent on, and are
supported by broader reforms to the legal system, public service and judicial authorities
|
Right to remedy |
UN Guiding Principles on Business and Human Rights - UNGP
UN Guiding Principles on Business and Human Rights |
UN Guiding Principles on Business and Human Rights Pillar 3
Access to remedy for victims of business-related abuses. The third pillar of the UNGPs affirms that States must ensure access to an effective remedy for those whose rights are affected by businesses. This includes taking appropriate steps to ensure that State-based domestic judicial mechanisms are able to effectively address business-related human rights abuses, and do not erect barriers that prevent victims from presenting their cases. Businesses should also provide for, or participate in, effective mechanisms for fielding and addressing grievances from individuals and communities who may be adversely impacted by the business’ operations.
|
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 remedy |
UN Guiding Principles on Business and Human Rights - UNGP
UN Guiding Principles on Business and Human Rights |
UN Guiding Principles on Business and Human Rights Pillar 3
Access to remedy for victims of business-related abuses. The third pillar of the UNGPs affirms that States must ensure access to an effective remedy for those whose rights are affected by businesses. This includes taking appropriate steps to ensure that State-based domestic judicial mechanisms are able to effectively address business-related human rights abuses, and do not erect barriers that prevent victims from presenting their cases. Businesses should also provide for, or participate in, effective mechanisms for fielding and addressing grievances from individuals and communities who may be adversely impacted by the business’ operations.
|
General matters
5. Policy, legal and organizational frameworks related to tenure |
5.6
States should place responsibilities at levels of government that can most effectively deliver services to the people. States should clearly define the
roles and responsibilities of agencies dealing with tenure of land, fisheries and forests. States should ensure coordination between implementing agencies, as well as with local governments, and indigenous peoples and other communities with customary tenure systems
|
Right to remedy |
UN Guiding Principles on Business and Human Rights - UNGP
UN Guiding Principles on Business and Human Rights |
UN Guiding Principles on Business and Human Rights Pillar 3
Access to remedy for victims of business-related abuses. The third pillar of the UNGPs affirms that States must ensure access to an effective remedy for those whose rights are affected by businesses. This includes taking appropriate steps to ensure that State-based domestic judicial mechanisms are able to effectively address business-related human rights abuses, and do not erect barriers that prevent victims from presenting their cases. Businesses should also provide for, or participate in, effective mechanisms for fielding and addressing grievances from individuals and communities who may be adversely impacted by the business’ operations.
|
General matters
6. Delivery of services |
6.3
States should provide prompt, accessible and non-discriminatory services to protect tenure rights, to promote and facilitate the enjoyment of those
rights, and to resolve disputes. States should eliminate unnecessary legal and procedural requirements and strive to overcome barriers related to
tenure rights. States should review services of implementing agencies and
judicial authorities, and introduce improvements where required.
|
Right to remedy |
UN Guiding Principles on Business and Human Rights - UNGP
UN Guiding Principles on Business and Human Rights |
UN Guiding Principles on Business and Human Rights Pillar 3
Access to remedy for victims of business-related abuses. The third pillar of the UNGPs affirms that States must ensure access to an effective remedy for those whose rights are affected by businesses. This includes taking appropriate steps to ensure that State-based domestic judicial mechanisms are able to effectively address business-related human rights abuses, and do not erect barriers that prevent victims from presenting their cases. Businesses should also provide for, or participate in, effective mechanisms for fielding and addressing grievances from individuals and communities who may be adversely impacted by the business’ operations.
|
General matters
6. Delivery of services |
6.3
States should provide prompt, accessible and non-discriminatory services to protect tenure rights, to promote and facilitate the enjoyment of those
rights, and to resolve disputes. States should eliminate unnecessary legal and procedural requirements and strive to overcome barriers related to
tenure rights. States should review services of implementing agencies and
judicial authorities, and introduce improvements where required.
|
Right to remedy |
UN Guiding Principles on Business and Human Rights - UNGP
UN Guiding Principles on Business and Human Rights |
UN Guiding Principles on Business and Human Rights Pillar 3
Access to remedy for victims of business-related abuses. The third pillar of the UNGPs affirms that States must ensure access to an effective remedy for those whose rights are affected by businesses. This includes taking appropriate steps to ensure that State-based domestic judicial mechanisms are able to effectively address business-related human rights abuses, and do not erect barriers that prevent victims from presenting their cases. Businesses should also provide for, or participate in, effective mechanisms for fielding and addressing grievances from individuals and communities who may be adversely impacted by the business’ operations.
|
General matters
6. Delivery of services |
6.4
States should ensure that implementing agencies and judicial authorities
serve the entire population, delivering services to all, including those in
remote locations. Services should be provided promptly and efficiently
using locally suitable technology to increase efficiency and accessibility.
Internal guidelines should be established so that staff can implement
policies and laws in a reliable and consistent manner. Procedures should
be simplified without threatening tenure security or quality of justice.
Explanatory materials should be widely publicized in ap
|
Right to remedy |
UN Guiding Principles on Business and Human Rights - UNGP
UN Guiding Principles on Business and Human Rights |
UN Guiding Principles on Business and Human Rights Pillar 3
Access to remedy for victims of business-related abuses. The third pillar of the UNGPs affirms that States must ensure access to an effective remedy for those whose rights are affected by businesses. This includes taking appropriate steps to ensure that State-based domestic judicial mechanisms are able to effectively address business-related human rights abuses, and do not erect barriers that prevent victims from presenting their cases. Businesses should also provide for, or participate in, effective mechanisms for fielding and addressing grievances from individuals and communities who may be adversely impacted by the business’ operations.
|
General matters
6. Delivery of services |
6.4
States should ensure that implementing agencies and judicial authorities
serve the entire population, delivering services to all, including those in
remote locations. Services should be provided promptly and efficiently
using locally suitable technology to increase efficiency and accessibility.
Internal guidelines should be established so that staff can implement
policies and laws in a reliable and consistent manner. Procedures should
be simplified without threatening tenure security or quality of justice.
Explanatory materials should be widely publicized in ap
|
Right to remedy |
UN Guiding Principles on Business and Human Rights - UNGP
UN Guiding Principles on Business and Human Rights |
UN Guiding Principles on Business and Human Rights Pillar 3
Access to remedy for victims of business-related abuses. The third pillar of the UNGPs affirms that States must ensure access to an effective remedy for those whose rights are affected by businesses. This includes taking appropriate steps to ensure that State-based domestic judicial mechanisms are able to effectively address business-related human rights abuses, and do not erect barriers that prevent victims from presenting their cases. Businesses should also provide for, or participate in, effective mechanisms for fielding and addressing grievances from individuals and communities who may be adversely impacted by the business’ operations.
|
General matters
6. Delivery of services |
6.4
States should ensure that implementing agencies and judicial authorities
serve the entire population, delivering services to all, including those in
remote locations. Services should be provided promptly and efficiently
using locally suitable technology to increase efficiency and accessibility.
Internal guidelines should be established so that staff can implement
policies and laws in a reliable and consistent manner. Procedures should
be simplified without threatening tenure security or quality of justice.
Explanatory materials should be widely publicized in ap
|
Right to remedy |
UN Guiding Principles on Business and Human Rights - UNGP
UN Guiding Principles on Business and Human Rights |
UN Guiding Principles on Business and Human Rights Pillar 3
Access to remedy for victims of business-related abuses. The third pillar of the UNGPs affirms that States must ensure access to an effective remedy for those whose rights are affected by businesses. This includes taking appropriate steps to ensure that State-based domestic judicial mechanisms are able to effectively address business-related human rights abuses, and do not erect barriers that prevent victims from presenting their cases. Businesses should also provide for, or participate in, effective mechanisms for fielding and addressing grievances from individuals and communities who may be adversely impacted by the business’ operations.
|
General matters
6. Delivery of services |
6.6
States and other parties should consider additional measures to support
vulnerable or marginalized groups who could not otherwise access
administrative and judicial services. These measures should include legal
support, such as affordable legal aid, and may also include the provision
of services of paralegals or parasurveyors, and mobile services for remote
communities and mobile indigenous peoples
|
Right to remedy |
UN Guiding Principles on Business and Human Rights - UNGP
UN Guiding Principles on Business and Human Rights |
UN Guiding Principles on Business and Human Rights Pillar 3
Access to remedy for victims of business-related abuses. The third pillar of the UNGPs affirms that States must ensure access to an effective remedy for those whose rights are affected by businesses. This includes taking appropriate steps to ensure that State-based domestic judicial mechanisms are able to effectively address business-related human rights abuses, and do not erect barriers that prevent victims from presenting their cases. Businesses should also provide for, or participate in, effective mechanisms for fielding and addressing grievances from individuals and communities who may be adversely impacted by the business’ operations.
|
General matters
6. Delivery of services |
6.7
States should encourage implementing agencies and judicial authorities to foster a culture based on service and ethical behaviour. Agencies and
judicial authorities should seek regular feedback, such as through surveys and focus groups, to raise standards and improve delivery of services,
to meet expectations, and to satisfy new needs. They should publish performance standards and report regularly on results. Users should have
means of addressing complaints either within the implementing agency, such as by administrative review, or externally, such as by an independent
review or through an ombudsman
|
Right to remedy |
UN Guiding Principles on Business and Human Rights - UNGP
UN Guiding Principles on Business and Human Rights |
UN Guiding Principles on Business and Human Rights Pillar 3
Access to remedy for victims of business-related abuses. The third pillar of the UNGPs affirms that States must ensure access to an effective remedy for those whose rights are affected by businesses. This includes taking appropriate steps to ensure that State-based domestic judicial mechanisms are able to effectively address business-related human rights abuses, and do not erect barriers that prevent victims from presenting their cases. Businesses should also provide for, or participate in, effective mechanisms for fielding and addressing grievances from individuals and communities who may be adversely impacted by the business’ operations.
|
General matters
6. Delivery of services |
6.7
States should encourage implementing agencies and judicial authorities to foster a culture based on service and ethical behaviour. Agencies and
judicial authorities should seek regular feedback, such as through surveys and focus groups, to raise standards and improve delivery of services,
to meet expectations, and to satisfy new needs. They should publish performance standards and report regularly on results. Users should have
means of addressing complaints either within the implementing agency, such as by administrative review, or externally, such as by an independent
review or through an ombudsman
|
Right to remedy |
UN Guiding Principles on Business and Human Rights - UNGP
UN Guiding Principles on Business and Human Rights |
UN Guiding Principles on Business and Human Rights Pillar 3
Access to remedy for victims of business-related abuses. The third pillar of the UNGPs affirms that States must ensure access to an effective remedy for those whose rights are affected by businesses. This includes taking appropriate steps to ensure that State-based domestic judicial mechanisms are able to effectively address business-related human rights abuses, and do not erect barriers that prevent victims from presenting their cases. Businesses should also provide for, or participate in, effective mechanisms for fielding and addressing grievances from individuals and communities who may be adversely impacted by the business’ operations.
|
General matters
6. Delivery of services |
6.8
Relevant professional associations for services related to tenure should develop, publicize and monitor the implementation of high levels of
ethical behaviour. Public and private sector parties should adhere to
applicable ethical standards, and be subject to disciplinary action in case
of violations. Where such associations do not exist, States should ensure
an environment conducive to their establishment.
|
Right to remedy |
UN Guiding Principles on Business and Human Rights - UNGP
UN Guiding Principles on Business and Human Rights |
UN Guiding Principles on Business and Human Rights Pillar 3
Access to remedy for victims of business-related abuses. The third pillar of the UNGPs affirms that States must ensure access to an effective remedy for those whose rights are affected by businesses. This includes taking appropriate steps to ensure that State-based domestic judicial mechanisms are able to effectively address business-related human rights abuses, and do not erect barriers that prevent victims from presenting their cases. Businesses should also provide for, or participate in, effective mechanisms for fielding and addressing grievances from individuals and communities who may be adversely impacted by the business’ operations.
|
General matters
6. Delivery of services |
6.9
States and non-state actors should endeavour to prevent corruption with
regard to tenure rights. States should do so particularly through consultation
and participation, rule of law, transparency and accountability. States
should adopt and enforce anti-corruption measures including applying
checks and balances, limiting the arbitrary use of power, addressing
conflicts of interest and adopting clear rules and regulations. States
should provide for the administrative and/or judicial review of decisions
of implementing agencies. Staff working on the administration of tenure
should be held accountable for their actions. They should be provided with
the means of conducting their duties effectively. They should be protected
against interference in their duties and from retaliation for reporting acts
of corruption
|
Right to remedy |
UN Guiding Principles on Business and Human Rights - UNGP
UN Guiding Principles on Business and Human Rights |
UN Guiding Principles on Business and Human Rights Pillar 3
Access to remedy for victims of business-related abuses. The third pillar of the UNGPs affirms that States must ensure access to an effective remedy for those whose rights are affected by businesses. This includes taking appropriate steps to ensure that State-based domestic judicial mechanisms are able to effectively address business-related human rights abuses, and do not erect barriers that prevent victims from presenting their cases. Businesses should also provide for, or participate in, effective mechanisms for fielding and addressing grievances from individuals and communities who may be adversely impacted by the business’ operations.
|
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 remedy |
UN Guiding Principles on Business and Human Rights - UNGP
UN Guiding Principles on Business and Human Rights |
UN Guiding Principles on Business and Human Rights Pillar 3
Access to remedy for victims of business-related abuses. The third pillar of the UNGPs affirms that States must ensure access to an effective remedy for those whose rights are affected by businesses. This includes taking appropriate steps to ensure that State-based domestic judicial mechanisms are able to effectively address business-related human rights abuses, and do not erect barriers that prevent victims from presenting their cases. Businesses should also provide for, or participate in, effective mechanisms for fielding and addressing grievances from individuals and communities who may be adversely impacted by the business’ operations.
|
Legal recognition and allocation of tenure rights and duties
7. Safeguards |
7.3
Where States intend to recognize or allocate tenure rights, they should first identify all existing tenure rights and right holders, whether recorded or not. Indigenous peoples and other communities with customary tenure systems, smallholders and anyone else who could be affected should be included in the consultation process, consistent with paragraphs 3B.6 and 9.9. States should provide access to justice, consistent with paragraph 4.9 if people believe their tenure rights are not recognized.
|
Right to remedy |
UN Guiding Principles on Business and Human Rights - UNGP
UN Guiding Principles on Business and Human Rights |
UN Guiding Principles on Business and Human Rights Pillar 3
Access to remedy for victims of business-related abuses. The third pillar of the UNGPs affirms that States must ensure access to an effective remedy for those whose rights are affected by businesses. This includes taking appropriate steps to ensure that State-based domestic judicial mechanisms are able to effectively address business-related human rights abuses, and do not erect barriers that prevent victims from presenting their cases. Businesses should also provide for, or participate in, effective mechanisms for fielding and addressing grievances from individuals and communities who may be adversely impacted by the business’ operations.
|
Legal recognition and allocation of tenure rights and duties
9. Indigenous peoples and other communities with customary tenure systems |
9.5
Where indigenous peoples and other communities with customary tenure systems have legitimate tenure rights to the ancestral lands on which they live, States should recognize and protect these rights. Indigenous peoples and other communities with customary tenure systems should not be forcibly evicted from such ancestral lands.
|
Right to remedy |
UN Guiding Principles on Business and Human Rights - UNGP
UN Guiding Principles on Business and Human Rights |
UN Guiding Principles on Business and Human Rights Pillar 3
Access to remedy for victims of business-related abuses. The third pillar of the UNGPs affirms that States must ensure access to an effective remedy for those whose rights are affected by businesses. This includes taking appropriate steps to ensure that State-based domestic judicial mechanisms are able to effectively address business-related human rights abuses, and do not erect barriers that prevent victims from presenting their cases. Businesses should also provide for, or participate in, effective mechanisms for fielding and addressing grievances from individuals and communities who may be adversely impacted by the business’ operations.
|
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 remedy |
UN Guiding Principles on Business and Human Rights - UNGP
UN Guiding Principles on Business and Human Rights |
UN Guiding Principles on Business and Human Rights Pillar 3
Access to remedy for victims of business-related abuses. The third pillar of the UNGPs affirms that States must ensure access to an effective remedy for those whose rights are affected by businesses. This includes taking appropriate steps to ensure that State-based domestic judicial mechanisms are able to effectively address business-related human rights abuses, and do not erect barriers that prevent victims from presenting their cases. Businesses should also provide for, or participate in, effective mechanisms for fielding and addressing grievances from individuals and communities who may be adversely impacted by the business’ operations.
|
Legal recognition and allocation of tenure rights and duties
10. Informal tenure |
10.5
States should endeavour to prevent corruption, particularly through increasing transparency, holding decision-makers accountable, and ensuring that impartial decisions are delivered promptly
|
Right to remedy |
UN Guiding Principles on Business and Human Rights - UNGP
UN Guiding Principles on Business and Human Rights |
UN Guiding Principles on Business and Human Rights Pillar 3
Access to remedy for victims of business-related abuses. The third pillar of the UNGPs affirms that States must ensure access to an effective remedy for those whose rights are affected by businesses. This includes taking appropriate steps to ensure that State-based domestic judicial mechanisms are able to effectively address business-related human rights abuses, and do not erect barriers that prevent victims from presenting their cases. Businesses should also provide for, or participate in, effective mechanisms for fielding and addressing grievances from individuals and communities who may be adversely impacted by the business’ operations.
|
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 remedy |
UN Guiding Principles on Business and Human Rights - UNGP
UN Guiding Principles on Business and Human Rights |
UN Guiding Principles on Business and Human Rights Pillar 3
Access to remedy for victims of business-related abuses. The third pillar of the UNGPs affirms that States must ensure access to an effective remedy for those whose rights are affected by businesses. This includes taking appropriate steps to ensure that State-based domestic judicial mechanisms are able to effectively address business-related human rights abuses, and do not erect barriers that prevent victims from presenting their cases. Businesses should also provide for, or participate in, effective mechanisms for fielding and addressing grievances from individuals and communities who may be adversely impacted by the business’ operations.
|
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 remedy |
UN Guiding Principles on Business and Human Rights - UNGP
UN Guiding Principles on Business and Human Rights |
UN Guiding Principles on Business and Human Rights Pillar 3
Access to remedy for victims of business-related abuses. The third pillar of the UNGPs affirms that States must ensure access to an effective remedy for those whose rights are affected by businesses. This includes taking appropriate steps to ensure that State-based domestic judicial mechanisms are able to effectively address business-related human rights abuses, and do not erect barriers that prevent victims from presenting their cases. Businesses should also provide for, or participate in, effective mechanisms for fielding and addressing grievances from individuals and communities who may be adversely impacted by the business’ operations.
|
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 remedy |
UN Guiding Principles on Business and Human Rights - UNGP
UN Guiding Principles on Business and Human Rights |
UN Guiding Principles on Business and Human Rights Pillar 3
Access to remedy for victims of business-related abuses. The third pillar of the UNGPs affirms that States must ensure access to an effective remedy for those whose rights are affected by businesses. This includes taking appropriate steps to ensure that State-based domestic judicial mechanisms are able to effectively address business-related human rights abuses, and do not erect barriers that prevent victims from presenting their cases. Businesses should also provide for, or participate in, effective mechanisms for fielding and addressing grievances from individuals and communities who may be adversely impacted by the business’ operations.
|
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 remedy |
UN Guiding Principles on Business and Human Rights - UNGP
UN Guiding Principles on Business and Human Rights |
UN Guiding Principles on Business and Human Rights Pillar 3
Access to remedy for victims of business-related abuses. The third pillar of the UNGPs affirms that States must ensure access to an effective remedy for those whose rights are affected by businesses. This includes taking appropriate steps to ensure that State-based domestic judicial mechanisms are able to effectively address business-related human rights abuses, and do not erect barriers that prevent victims from presenting their cases. Businesses should also provide for, or participate in, effective mechanisms for fielding and addressing grievances from individuals and communities who may be adversely impacted by the business’ operations.
|
Transfers and other changes to tenure rights and duties
12. Investments |
12.4
Responsible investments should do no harm, safeguard against dispossession of legitimate tenure right holders and environmental damage, and should respect human rights. Such investments should be made working in partnership with relevant levels of government and local holders of tenure rights to land, fisheries and forests, respecting their legitimate tenure rights. They should strive to further contribute to policy objectives, such as poverty eradication; food security and sustainable use of land, fisheries and forests; support local communities; contribute to rural development; promote and secure local food production systems; enhance social and economic sustainable development; create employment; diversify livelihoods; provide benefits to the country and its people, including the poor and most vulnerable; and comply with national laws and international core labour standards as well as, when applicable, obligations related to standards of the International Labour Organization
|
Right to remedy |
UN Guiding Principles on Business and Human Rights - UNGP
UN Guiding Principles on Business and Human Rights |
UN Guiding Principles on Business and Human Rights Pillar 3
Access to remedy for victims of business-related abuses. The third pillar of the UNGPs affirms that States must ensure access to an effective remedy for those whose rights are affected by businesses. This includes taking appropriate steps to ensure that State-based domestic judicial mechanisms are able to effectively address business-related human rights abuses, and do not erect barriers that prevent victims from presenting their cases. Businesses should also provide for, or participate in, effective mechanisms for fielding and addressing grievances from individuals and communities who may be adversely impacted by the business’ operations.
|
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 remedy |
UN Guiding Principles on Business and Human Rights - UNGP
UN Guiding Principles on Business and Human Rights |
UN Guiding Principles on Business and Human Rights Pillar 3
Access to remedy for victims of business-related abuses. The third pillar of the UNGPs affirms that States must ensure access to an effective remedy for those whose rights are affected by businesses. This includes taking appropriate steps to ensure that State-based domestic judicial mechanisms are able to effectively address business-related human rights abuses, and do not erect barriers that prevent victims from presenting their cases. Businesses should also provide for, or participate in, effective mechanisms for fielding and addressing grievances from individuals and communities who may be adversely impacted by the business’ operations.
|
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 remedy |
UN Guiding Principles on Business and Human Rights - UNGP
UN Guiding Principles on Business and Human Rights |
UN Guiding Principles on Business and Human Rights Pillar 3
Access to remedy for victims of business-related abuses. The third pillar of the UNGPs affirms that States must ensure access to an effective remedy for those whose rights are affected by businesses. This includes taking appropriate steps to ensure that State-based domestic judicial mechanisms are able to effectively address business-related human rights abuses, and do not erect barriers that prevent victims from presenting their cases. Businesses should also provide for, or participate in, effective mechanisms for fielding and addressing grievances from individuals and communities who may be adversely impacted by the business’ operations.
|
Transfers and other changes to tenure rights and duties
12. Investments |
12.14
States and affected parties should contribute to the effective monitoring of the implementation and impacts of agreements involving large-scale transactions in tenure rights, including acquisitions and partnership agreements. States should take corrective action where necessary to
enforce agreements and protect tenure and other rights and provide mechanisms whereby aggrieved parties can request such action.
|