Right to an adequate standard of living |
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 an adequate standard of living |
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 |
5.9
States should recognize that policies and laws on tenure rights operate in the broader political, legal, social, cultural, religious, economic and environmental contexts. Where the broader contexts change, and where reforms to tenure are therefore required, States should seek to develop national consensus on proposed reforms.
|
Right to an adequate standard of living |
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 |
8.1
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 an adequate standard of living |
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 an adequate standard of living |
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 an adequate standard of living |
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 an adequate standard of living |
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 |
8.11
States should monitor the outcome of allocation programmes, including the gender-differentiated impacts on food security and poverty eradication as well as their impacts on social, economic and environmental objectives, and introduce corrective measures as required.
|
Right to an adequate standard of living |
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 |
9.1
State and non-state actors should acknowledge that land, fisheries and forests have social, cultural, spiritual, economic, environmental and political value to indigenous peoples and other communities with customary tenure systems.
|
Right to an adequate standard of living |
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 |
12.2
Considering that smallholder producers and their organizations in developing countries provide a major share of agricultural investments that contribute significantly to food security, nutrition, poverty eradication and environmental resilience, States should support investments by smallholders as well as public and private smallholder-sensitive investments
|
Right to an adequate standard of living |
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
13. Land consolidation and other readjustment approaches |
13.5
States should establish strategies for readjustment approaches that fit particular local requirements. Such strategies should be socially, economically and environmentally sustainable, and gender sensitive.
Strategies should identify the principles and objectives of the readjustment approaches; the beneficiaries; and the development of capacity and knowledge in the public sector, the private sector, organizations of
farmers and small-scale producers, of fishers, and of forest users, and academia. Laws should establish clear and cost-effective procedures for the reorganization of parcels or holdings and their uses
|
Right to an adequate standard of living |
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 an adequate standard of living |
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 an adequate standard of living |
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 an adequate standard of living |
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 an adequate standard of living |
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 an adequate standard of living |
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 |
20.5
Spatial planning should take duly into account the need to promote diversified sustainable management of land, fisheries and forests, including agro-ecological approaches and sustainable intensification, and
to meet the challenges of climate change and food security.
|
Right to an adequate standard of living |
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 |
22.2
States and other parties should contribute to the understanding of transboundary tenure issues affecting communities, such as with rangelands or seasonal migration routes of pastoralists, and fishing
grounds of small-scale fishers, which lie across international boundaries.
|
Right to an adequate standard of living |
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 |
23.2
Where appropriate, States should strive to prepare and implement strategies and actions in consultation and with the participation of all people, women and men, who may be displaced due to climate change.
Any provision of alternative land, fisheries, forests and livelihoods for displaced persons should not jeopardize the livelihoods of others. States may also consider offering special assistance to small island and other
developing states
|
Right to an adequate standard of living |
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 an adequate standard of living |
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 an adequate standard of living |
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 an adequate standard of living |
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 |
25.6
Where restitution is not possible, the provision of secure access to alternative land, fisheries and forests and livelihoods for refugees and displaced persons should be negotiated with host communities and other
relevant parties to ensure that the resettlement does not jeopardize the livelihoods of others. Special procedures should, where possible, provide the vulnerable, including widows and orphans, with secure access to land,
fisheries and forests
|
Right to an adequate standard of living |
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 |
25.6
Where restitution is not possible, the provision of secure access to alternative land, fisheries and forests and livelihoods for refugees and displaced persons should be negotiated with host communities and other
relevant parties to ensure that the resettlement does not jeopardize the livelihoods of others. Special procedures should, where possible, provide the vulnerable, including widows and orphans, with secure access to land,
fisheries and forests
|
Right to an adequate standard of living |
ICESCR
International Covenant of Economic Social and Cultural rights |
11.1
The States Parties to the present Covenant recognize the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing, and to the continuous improvement of living conditions. The States Parties will take appropriate steps to ensure the realization of this right, recognizing to this effect the essential importance of international cooperation based on free consent
|
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 an adequate standard of living |
ICESCR
International Covenant of Economic Social and Cultural rights |
11.1
The States Parties to the present Covenant recognize the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing, and to the continuous improvement of living conditions. The States Parties will take appropriate steps to ensure the realization of this right, recognizing to this effect the essential importance of international cooperation based on free consent
|
General matters
5. Policy, legal and organizational frameworks related to tenure |
5.9
States should recognize that policies and laws on tenure rights operate in the broader political, legal, social, cultural, religious, economic and environmental contexts. Where the broader contexts change, and where reforms to tenure are therefore required, States should seek to develop national consensus on proposed reforms.
|
Right to an adequate standard of living |
ICESCR
International Covenant of Economic Social and Cultural rights |
11.1
The States Parties to the present Covenant recognize the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing, and to the continuous improvement of living conditions. The States Parties will take appropriate steps to ensure the realization of this right, recognizing to this effect the essential importance of international cooperation based on free consent
|
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 an adequate standard of living |
ICESCR
International Covenant of Economic Social and Cultural rights |
11.1
The States Parties to the present Covenant recognize the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing, and to the continuous improvement of living conditions. The States Parties will take appropriate steps to ensure the realization of this right, recognizing to this effect the essential importance of international cooperation based on free consent
|
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 an adequate standard of living |
ICESCR
International Covenant of Economic Social and Cultural rights |
11.1
The States Parties to the present Covenant recognize the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing, and to the continuous improvement of living conditions. The States Parties will take appropriate steps to ensure the realization of this right, recognizing to this effect the essential importance of international cooperation based on free consent
|
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 an adequate standard of living |
ICESCR
International Covenant of Economic Social and Cultural rights |
11.1
The States Parties to the present Covenant recognize the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing, and to the continuous improvement of living conditions. The States Parties will take appropriate steps to ensure the realization of this right, recognizing to this effect the essential importance of international cooperation based on free consent
|
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 an adequate standard of living |
ICESCR
International Covenant of Economic Social and Cultural rights |
11.1
The States Parties to the present Covenant recognize the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing, and to the continuous improvement of living conditions. The States Parties will take appropriate steps to ensure the realization of this right, recognizing to this effect the essential importance of international cooperation based on free consent
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.11
States should monitor the outcome of allocation programmes, including the gender-differentiated impacts on food security and poverty eradication as well as their impacts on social, economic and environmental objectives, and introduce corrective measures as required.
|
Right to an adequate standard of living |
ICESCR
International Covenant of Economic Social and Cultural rights |
11.1
The States Parties to the present Covenant recognize the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing, and to the continuous improvement of living conditions. The States Parties will take appropriate steps to ensure the realization of this right, recognizing to this effect the essential importance of international cooperation based on free consent
|
Legal recognition and allocation of tenure rights and duties
9. Indigenous peoples and other communities with customary tenure systems |
9.1
State and non-state actors should acknowledge that land, fisheries and forests have social, cultural, spiritual, economic, environmental and political value to indigenous peoples and other communities with customary tenure systems.
|
Right to an adequate standard of living |
ICESCR
International Covenant of Economic Social and Cultural rights |
11.1
The States Parties to the present Covenant recognize the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing, and to the continuous improvement of living conditions. The States Parties will take appropriate steps to ensure the realization of this right, recognizing to this effect the essential importance of international cooperation based on free consent
|
Transfers and other changes to tenure rights and duties
12. Investments |
12.2
Considering that smallholder producers and their organizations in developing countries provide a major share of agricultural investments that contribute significantly to food security, nutrition, poverty eradication and environmental resilience, States should support investments by smallholders as well as public and private smallholder-sensitive investments
|
Right to an adequate standard of living |
ICESCR
International Covenant of Economic Social and Cultural rights |
11.1
The States Parties to the present Covenant recognize the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing, and to the continuous improvement of living conditions. The States Parties will take appropriate steps to ensure the realization of this right, recognizing to this effect the essential importance of international cooperation based on free consent
|
Transfers and other changes to tenure rights and duties
13. Land consolidation and other readjustment approaches |
13.5
States should establish strategies for readjustment approaches that fit particular local requirements. Such strategies should be socially, economically and environmentally sustainable, and gender sensitive.
Strategies should identify the principles and objectives of the readjustment approaches; the beneficiaries; and the development of capacity and knowledge in the public sector, the private sector, organizations of
farmers and small-scale producers, of fishers, and of forest users, and academia. Laws should establish clear and cost-effective procedures for the reorganization of parcels or holdings and their uses
|
Right to an adequate standard of living |
ICESCR
International Covenant of Economic Social and Cultural rights |
11.1
The States Parties to the present Covenant recognize the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing, and to the continuous improvement of living conditions. The States Parties will take appropriate steps to ensure the realization of this right, recognizing to this effect the essential importance of international cooperation based on free consent
|
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 an adequate standard of living |
ICESCR
International Covenant of Economic Social and Cultural rights |
11.1
The States Parties to the present Covenant recognize the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing, and to the continuous improvement of living conditions. The States Parties will take appropriate steps to ensure the realization of this right, recognizing to this effect the essential importance of international cooperation based on free consent
|
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 an adequate standard of living |
ICESCR
International Covenant of Economic Social and Cultural rights |
11.1
The States Parties to the present Covenant recognize the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing, and to the continuous improvement of living conditions. The States Parties will take appropriate steps to ensure the realization of this right, recognizing to this effect the essential importance of international cooperation based on free consent
|
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 an adequate standard of living |
ICESCR
International Covenant of Economic Social and Cultural rights |
11.1
The States Parties to the present Covenant recognize the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing, and to the continuous improvement of living conditions. The States Parties will take appropriate steps to ensure the realization of this right, recognizing to this effect the essential importance of international cooperation based on free consent
|
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 an adequate standard of living |
ICESCR
International Covenant of Economic Social and Cultural rights |
11.1
The States Parties to the present Covenant recognize the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing, and to the continuous improvement of living conditions. The States Parties will take appropriate steps to ensure the realization of this right, recognizing to this effect the essential importance of international cooperation based on free consent
|
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 an adequate standard of living |
ICESCR
International Covenant of Economic Social and Cultural rights |
11.1
The States Parties to the present Covenant recognize the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing, and to the continuous improvement of living conditions. The States Parties will take appropriate steps to ensure the realization of this right, recognizing to this effect the essential importance of international cooperation based on free consent
|
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 an adequate standard of living |
ICESCR
International Covenant of Economic Social and Cultural rights |
11.1
The States Parties to the present Covenant recognize the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing, and to the continuous improvement of living conditions. The States Parties will take appropriate steps to ensure the realization of this right, recognizing to this effect the essential importance of international cooperation based on free consent
|
Administration of tenure
20. Regulated spatial planning |
20.5
Spatial planning should take duly into account the need to promote diversified sustainable management of land, fisheries and forests, including agro-ecological approaches and sustainable intensification, and
to meet the challenges of climate change and food security.
|
Right to an adequate standard of living |
ICESCR
International Covenant of Economic Social and Cultural rights |
11.1
The States Parties to the present Covenant recognize the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing, and to the continuous improvement of living conditions. The States Parties will take appropriate steps to ensure the realization of this right, recognizing to this effect the essential importance of international cooperation based on free consent
|
Administration of tenure
22. Transboundary matters |
22.2
States and other parties should contribute to the understanding of transboundary tenure issues affecting communities, such as with rangelands or seasonal migration routes of pastoralists, and fishing
grounds of small-scale fishers, which lie across international boundaries.
|
Right to an adequate standard of living |
ICESCR
International Covenant of Economic Social and Cultural rights |
11.1
The States Parties to the present Covenant recognize the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing, and to the continuous improvement of living conditions. The States Parties will take appropriate steps to ensure the realization of this right, recognizing to this effect the essential importance of international cooperation based on free consent
|
Responses to climate change and emergencies
23. Climate change |
23.2
Where appropriate, States should strive to prepare and implement strategies and actions in consultation and with the participation of all people, women and men, who may be displaced due to climate change.
Any provision of alternative land, fisheries, forests and livelihoods for displaced persons should not jeopardize the livelihoods of others. States may also consider offering special assistance to small island and other
developing states
|
Right to an adequate standard of living |
ICESCR
International Covenant of Economic Social and Cultural rights |
11.1
The States Parties to the present Covenant recognize the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing, and to the continuous improvement of living conditions. The States Parties will take appropriate steps to ensure the realization of this right, recognizing to this effect the essential importance of international cooperation based on free consent
|
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 an adequate standard of living |
ICESCR
International Covenant of Economic Social and Cultural rights |
11.1
The States Parties to the present Covenant recognize the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing, and to the continuous improvement of living conditions. The States Parties will take appropriate steps to ensure the realization of this right, recognizing to this effect the essential importance of international cooperation based on free consent
|
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 an adequate standard of living |
ICESCR
International Covenant of Economic Social and Cultural rights |
11.1
The States Parties to the present Covenant recognize the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing, and to the continuous improvement of living conditions. The States Parties will take appropriate steps to ensure the realization of this right, recognizing to this effect the essential importance of international cooperation based on free consent
|
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 an adequate standard of living |
ICESCR
International Covenant of Economic Social and Cultural rights |
11.1
The States Parties to the present Covenant recognize the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing, and to the continuous improvement of living conditions. The States Parties will take appropriate steps to ensure the realization of this right, recognizing to this effect the essential importance of international cooperation based on free consent
|
Responses to climate change and emergencies
25. Conflicts in respect to tenure of land, fisheries and forests |
25.6
Where restitution is not possible, the provision of secure access to alternative land, fisheries and forests and livelihoods for refugees and displaced persons should be negotiated with host communities and other
relevant parties to ensure that the resettlement does not jeopardize the livelihoods of others. Special procedures should, where possible, provide the vulnerable, including widows and orphans, with secure access to land,
fisheries and forests
|
Right to an adequate standard of living |
ICESCR
International Covenant of Economic Social and Cultural rights |
11.1
The States Parties to the present Covenant recognize the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing, and to the continuous improvement of living conditions. The States Parties will take appropriate steps to ensure the realization of this right, recognizing to this effect the essential importance of international cooperation based on free consent
|
Responses to climate change and emergencies
25. Conflicts in respect to tenure of land, fisheries and forests |
25.6
Where restitution is not possible, the provision of secure access to alternative land, fisheries and forests and livelihoods for refugees and displaced persons should be negotiated with host communities and other
relevant parties to ensure that the resettlement does not jeopardize the livelihoods of others. Special procedures should, where possible, provide the vulnerable, including widows and orphans, with secure access to land,
fisheries and forests
|
Right to an adequate standard of living |
ICERD
International Convention on the Elimination of All Forms of Racial Discrimination |
5.e.iii
In compliance with the fundamental obligations laid down in article 2 of this Convention, States Parties undertake to prohibit and to eliminate racial discrimination in all its forms and to guarantee the right of everyone, without distinction as to race, colour, or national or ethnic origin, to equality before the law, notably in the enjoyment of the following rights: [..] (e) Economic, social and cultural rights, in particular: [..] (iii) The right to housing
|
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 an adequate standard of living |
ICERD
International Convention on the Elimination of All Forms of Racial Discrimination |
5.e.iii
In compliance with the fundamental obligations laid down in article 2 of this Convention, States Parties undertake to prohibit and to eliminate racial discrimination in all its forms and to guarantee the right of everyone, without distinction as to race, colour, or national or ethnic origin, to equality before the law, notably in the enjoyment of the following rights: [..] (e) Economic, social and cultural rights, in particular: [..] (iii) The right to housing
|
General matters
5. Policy, legal and organizational frameworks related to tenure |
5.9
States should recognize that policies and laws on tenure rights operate in the broader political, legal, social, cultural, religious, economic and environmental contexts. Where the broader contexts change, and where reforms to tenure are therefore required, States should seek to develop national consensus on proposed reforms.
|
Right to an adequate standard of living |
ICERD
International Convention on the Elimination of All Forms of Racial Discrimination |
5.e.iii
In compliance with the fundamental obligations laid down in article 2 of this Convention, States Parties undertake to prohibit and to eliminate racial discrimination in all its forms and to guarantee the right of everyone, without distinction as to race, colour, or national or ethnic origin, to equality before the law, notably in the enjoyment of the following rights: [..] (e) Economic, social and cultural rights, in particular: [..] (iii) The right to housing
|
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 an adequate standard of living |
ICERD
International Convention on the Elimination of All Forms of Racial Discrimination |
5.e.iii
In compliance with the fundamental obligations laid down in article 2 of this Convention, States Parties undertake to prohibit and to eliminate racial discrimination in all its forms and to guarantee the right of everyone, without distinction as to race, colour, or national or ethnic origin, to equality before the law, notably in the enjoyment of the following rights: [..] (e) Economic, social and cultural rights, in particular: [..] (iii) The right to housing
|
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 an adequate standard of living |
ICERD
International Convention on the Elimination of All Forms of Racial Discrimination |
5.e.iii
In compliance with the fundamental obligations laid down in article 2 of this Convention, States Parties undertake to prohibit and to eliminate racial discrimination in all its forms and to guarantee the right of everyone, without distinction as to race, colour, or national or ethnic origin, to equality before the law, notably in the enjoyment of the following rights: [..] (e) Economic, social and cultural rights, in particular: [..] (iii) The right to housing
|
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 an adequate standard of living |
ICERD
International Convention on the Elimination of All Forms of Racial Discrimination |
5.e.iii
In compliance with the fundamental obligations laid down in article 2 of this Convention, States Parties undertake to prohibit and to eliminate racial discrimination in all its forms and to guarantee the right of everyone, without distinction as to race, colour, or national or ethnic origin, to equality before the law, notably in the enjoyment of the following rights: [..] (e) Economic, social and cultural rights, in particular: [..] (iii) The right to housing
|
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 an adequate standard of living |
ICERD
International Convention on the Elimination of All Forms of Racial Discrimination |
5.e.iii
In compliance with the fundamental obligations laid down in article 2 of this Convention, States Parties undertake to prohibit and to eliminate racial discrimination in all its forms and to guarantee the right of everyone, without distinction as to race, colour, or national or ethnic origin, to equality before the law, notably in the enjoyment of the following rights: [..] (e) Economic, social and cultural rights, in particular: [..] (iii) The right to housing
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.11
States should monitor the outcome of allocation programmes, including the gender-differentiated impacts on food security and poverty eradication as well as their impacts on social, economic and environmental objectives, and introduce corrective measures as required.
|
Right to an adequate standard of living |
ICERD
International Convention on the Elimination of All Forms of Racial Discrimination |
5.e.iii
In compliance with the fundamental obligations laid down in article 2 of this Convention, States Parties undertake to prohibit and to eliminate racial discrimination in all its forms and to guarantee the right of everyone, without distinction as to race, colour, or national or ethnic origin, to equality before the law, notably in the enjoyment of the following rights: [..] (e) Economic, social and cultural rights, in particular: [..] (iii) The right to housing
|
Legal recognition and allocation of tenure rights and duties
9. Indigenous peoples and other communities with customary tenure systems |
9.1
State and non-state actors should acknowledge that land, fisheries and forests have social, cultural, spiritual, economic, environmental and political value to indigenous peoples and other communities with customary tenure systems.
|
Right to an adequate standard of living |
ICERD
International Convention on the Elimination of All Forms of Racial Discrimination |
5.e.iii
In compliance with the fundamental obligations laid down in article 2 of this Convention, States Parties undertake to prohibit and to eliminate racial discrimination in all its forms and to guarantee the right of everyone, without distinction as to race, colour, or national or ethnic origin, to equality before the law, notably in the enjoyment of the following rights: [..] (e) Economic, social and cultural rights, in particular: [..] (iii) The right to housing
|
Transfers and other changes to tenure rights and duties
12. Investments |
12.2
Considering that smallholder producers and their organizations in developing countries provide a major share of agricultural investments that contribute significantly to food security, nutrition, poverty eradication and environmental resilience, States should support investments by smallholders as well as public and private smallholder-sensitive investments
|
Right to an adequate standard of living |
ICERD
International Convention on the Elimination of All Forms of Racial Discrimination |
5.e.iii
In compliance with the fundamental obligations laid down in article 2 of this Convention, States Parties undertake to prohibit and to eliminate racial discrimination in all its forms and to guarantee the right of everyone, without distinction as to race, colour, or national or ethnic origin, to equality before the law, notably in the enjoyment of the following rights: [..] (e) Economic, social and cultural rights, in particular: [..] (iii) The right to housing
|
Transfers and other changes to tenure rights and duties
13. Land consolidation and other readjustment approaches |
13.5
States should establish strategies for readjustment approaches that fit particular local requirements. Such strategies should be socially, economically and environmentally sustainable, and gender sensitive.
Strategies should identify the principles and objectives of the readjustment approaches; the beneficiaries; and the development of capacity and knowledge in the public sector, the private sector, organizations of
farmers and small-scale producers, of fishers, and of forest users, and academia. Laws should establish clear and cost-effective procedures for the reorganization of parcels or holdings and their uses
|
Right to an adequate standard of living |
ICERD
International Convention on the Elimination of All Forms of Racial Discrimination |
5.e.iii
In compliance with the fundamental obligations laid down in article 2 of this Convention, States Parties undertake to prohibit and to eliminate racial discrimination in all its forms and to guarantee the right of everyone, without distinction as to race, colour, or national or ethnic origin, to equality before the law, notably in the enjoyment of the following rights: [..] (e) Economic, social and cultural rights, in particular: [..] (iii) The right to housing
|
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 an adequate standard of living |
ICERD
International Convention on the Elimination of All Forms of Racial Discrimination |
5.e.iii
In compliance with the fundamental obligations laid down in article 2 of this Convention, States Parties undertake to prohibit and to eliminate racial discrimination in all its forms and to guarantee the right of everyone, without distinction as to race, colour, or national or ethnic origin, to equality before the law, notably in the enjoyment of the following rights: [..] (e) Economic, social and cultural rights, in particular: [..] (iii) The right to housing
|
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 an adequate standard of living |
ICERD
International Convention on the Elimination of All Forms of Racial Discrimination |
5.e.iii
In compliance with the fundamental obligations laid down in article 2 of this Convention, States Parties undertake to prohibit and to eliminate racial discrimination in all its forms and to guarantee the right of everyone, without distinction as to race, colour, or national or ethnic origin, to equality before the law, notably in the enjoyment of the following rights: [..] (e) Economic, social and cultural rights, in particular: [..] (iii) The right to housing
|
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 an adequate standard of living |
ICERD
International Convention on the Elimination of All Forms of Racial Discrimination |
5.e.iii
In compliance with the fundamental obligations laid down in article 2 of this Convention, States Parties undertake to prohibit and to eliminate racial discrimination in all its forms and to guarantee the right of everyone, without distinction as to race, colour, or national or ethnic origin, to equality before the law, notably in the enjoyment of the following rights: [..] (e) Economic, social and cultural rights, in particular: [..] (iii) The right to housing
|
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 an adequate standard of living |
ICERD
International Convention on the Elimination of All Forms of Racial Discrimination |
5.e.iii
In compliance with the fundamental obligations laid down in article 2 of this Convention, States Parties undertake to prohibit and to eliminate racial discrimination in all its forms and to guarantee the right of everyone, without distinction as to race, colour, or national or ethnic origin, to equality before the law, notably in the enjoyment of the following rights: [..] (e) Economic, social and cultural rights, in particular: [..] (iii) The right to housing
|
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 an adequate standard of living |
ICERD
International Convention on the Elimination of All Forms of Racial Discrimination |
5.e.iii
In compliance with the fundamental obligations laid down in article 2 of this Convention, States Parties undertake to prohibit and to eliminate racial discrimination in all its forms and to guarantee the right of everyone, without distinction as to race, colour, or national or ethnic origin, to equality before the law, notably in the enjoyment of the following rights: [..] (e) Economic, social and cultural rights, in particular: [..] (iii) The right to housing
|
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 an adequate standard of living |
ICERD
International Convention on the Elimination of All Forms of Racial Discrimination |
5.e.iii
In compliance with the fundamental obligations laid down in article 2 of this Convention, States Parties undertake to prohibit and to eliminate racial discrimination in all its forms and to guarantee the right of everyone, without distinction as to race, colour, or national or ethnic origin, to equality before the law, notably in the enjoyment of the following rights: [..] (e) Economic, social and cultural rights, in particular: [..] (iii) The right to housing
|
Administration of tenure
20. Regulated spatial planning |
20.5
Spatial planning should take duly into account the need to promote diversified sustainable management of land, fisheries and forests, including agro-ecological approaches and sustainable intensification, and
to meet the challenges of climate change and food security.
|
Right to an adequate standard of living |
ICERD
International Convention on the Elimination of All Forms of Racial Discrimination |
5.e.iii
In compliance with the fundamental obligations laid down in article 2 of this Convention, States Parties undertake to prohibit and to eliminate racial discrimination in all its forms and to guarantee the right of everyone, without distinction as to race, colour, or national or ethnic origin, to equality before the law, notably in the enjoyment of the following rights: [..] (e) Economic, social and cultural rights, in particular: [..] (iii) The right to housing
|
Administration of tenure
22. Transboundary matters |
22.2
States and other parties should contribute to the understanding of transboundary tenure issues affecting communities, such as with rangelands or seasonal migration routes of pastoralists, and fishing
grounds of small-scale fishers, which lie across international boundaries.
|
Right to an adequate standard of living |
ICERD
International Convention on the Elimination of All Forms of Racial Discrimination |
5.e.iii
In compliance with the fundamental obligations laid down in article 2 of this Convention, States Parties undertake to prohibit and to eliminate racial discrimination in all its forms and to guarantee the right of everyone, without distinction as to race, colour, or national or ethnic origin, to equality before the law, notably in the enjoyment of the following rights: [..] (e) Economic, social and cultural rights, in particular: [..] (iii) The right to housing
|
Responses to climate change and emergencies
23. Climate change |
23.2
Where appropriate, States should strive to prepare and implement strategies and actions in consultation and with the participation of all people, women and men, who may be displaced due to climate change.
Any provision of alternative land, fisheries, forests and livelihoods for displaced persons should not jeopardize the livelihoods of others. States may also consider offering special assistance to small island and other
developing states
|
Right to an adequate standard of living |
ICERD
International Convention on the Elimination of All Forms of Racial Discrimination |
5.e.iii
In compliance with the fundamental obligations laid down in article 2 of this Convention, States Parties undertake to prohibit and to eliminate racial discrimination in all its forms and to guarantee the right of everyone, without distinction as to race, colour, or national or ethnic origin, to equality before the law, notably in the enjoyment of the following rights: [..] (e) Economic, social and cultural rights, in particular: [..] (iii) The right to housing
|
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 an adequate standard of living |
ICERD
International Convention on the Elimination of All Forms of Racial Discrimination |
5.e.iii
In compliance with the fundamental obligations laid down in article 2 of this Convention, States Parties undertake to prohibit and to eliminate racial discrimination in all its forms and to guarantee the right of everyone, without distinction as to race, colour, or national or ethnic origin, to equality before the law, notably in the enjoyment of the following rights: [..] (e) Economic, social and cultural rights, in particular: [..] (iii) The right to housing
|
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 an adequate standard of living |
ICERD
International Convention on the Elimination of All Forms of Racial Discrimination |
5.e.iii
In compliance with the fundamental obligations laid down in article 2 of this Convention, States Parties undertake to prohibit and to eliminate racial discrimination in all its forms and to guarantee the right of everyone, without distinction as to race, colour, or national or ethnic origin, to equality before the law, notably in the enjoyment of the following rights: [..] (e) Economic, social and cultural rights, in particular: [..] (iii) The right to housing
|
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 an adequate standard of living |
ICERD
International Convention on the Elimination of All Forms of Racial Discrimination |
5.e.iii
In compliance with the fundamental obligations laid down in article 2 of this Convention, States Parties undertake to prohibit and to eliminate racial discrimination in all its forms and to guarantee the right of everyone, without distinction as to race, colour, or national or ethnic origin, to equality before the law, notably in the enjoyment of the following rights: [..] (e) Economic, social and cultural rights, in particular: [..] (iii) The right to housing
|
Responses to climate change and emergencies
25. Conflicts in respect to tenure of land, fisheries and forests |
25.6
Where restitution is not possible, the provision of secure access to alternative land, fisheries and forests and livelihoods for refugees and displaced persons should be negotiated with host communities and other
relevant parties to ensure that the resettlement does not jeopardize the livelihoods of others. Special procedures should, where possible, provide the vulnerable, including widows and orphans, with secure access to land,
fisheries and forests
|
Right to an adequate standard of living |
ICERD
International Convention on the Elimination of All Forms of Racial Discrimination |
5.e.iii
In compliance with the fundamental obligations laid down in article 2 of this Convention, States Parties undertake to prohibit and to eliminate racial discrimination in all its forms and to guarantee the right of everyone, without distinction as to race, colour, or national or ethnic origin, to equality before the law, notably in the enjoyment of the following rights: [..] (e) Economic, social and cultural rights, in particular: [..] (iii) The right to housing
|
Responses to climate change and emergencies
25. Conflicts in respect to tenure of land, fisheries and forests |
25.6
Where restitution is not possible, the provision of secure access to alternative land, fisheries and forests and livelihoods for refugees and displaced persons should be negotiated with host communities and other
relevant parties to ensure that the resettlement does not jeopardize the livelihoods of others. Special procedures should, where possible, provide the vulnerable, including widows and orphans, with secure access to land,
fisheries and forests
|
Right to an adequate standard of living |
ICEDAW
International Convention on the Elimination of All Forms of Discrimination Against Women |
12.2.h
States Parties shall undertake all appropriate measures to eliminate discrimination against women in rural areas in order to ensure, on a basis of equality of men and women, that they participate in and benefit from rural development and, in particular, shall ensure to such women the right … (h) to enjoy adequate living conditions, particularly in relation to housing, sanitation, electricity and water supply, transport and communications
|
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 an adequate standard of living |
ICEDAW
International Convention on the Elimination of All Forms of Discrimination Against Women |
12.2.h
States Parties shall undertake all appropriate measures to eliminate discrimination against women in rural areas in order to ensure, on a basis of equality of men and women, that they participate in and benefit from rural development and, in particular, shall ensure to such women the right … (h) to enjoy adequate living conditions, particularly in relation to housing, sanitation, electricity and water supply, transport and communications
|
General matters
5. Policy, legal and organizational frameworks related to tenure |
5.9
States should recognize that policies and laws on tenure rights operate in the broader political, legal, social, cultural, religious, economic and environmental contexts. Where the broader contexts change, and where reforms to tenure are therefore required, States should seek to develop national consensus on proposed reforms.
|
Right to an adequate standard of living |
ICEDAW
International Convention on the Elimination of All Forms of Discrimination Against Women |
12.2.h
States Parties shall undertake all appropriate measures to eliminate discrimination against women in rural areas in order to ensure, on a basis of equality of men and women, that they participate in and benefit from rural development and, in particular, shall ensure to such women the right … (h) to enjoy adequate living conditions, particularly in relation to housing, sanitation, electricity and water supply, transport and communications
|
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 an adequate standard of living |
ICEDAW
International Convention on the Elimination of All Forms of Discrimination Against Women |
12.2.h
States Parties shall undertake all appropriate measures to eliminate discrimination against women in rural areas in order to ensure, on a basis of equality of men and women, that they participate in and benefit from rural development and, in particular, shall ensure to such women the right … (h) to enjoy adequate living conditions, particularly in relation to housing, sanitation, electricity and water supply, transport and communications
|
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 an adequate standard of living |
ICEDAW
International Convention on the Elimination of All Forms of Discrimination Against Women |
12.2.h
States Parties shall undertake all appropriate measures to eliminate discrimination against women in rural areas in order to ensure, on a basis of equality of men and women, that they participate in and benefit from rural development and, in particular, shall ensure to such women the right … (h) to enjoy adequate living conditions, particularly in relation to housing, sanitation, electricity and water supply, transport and communications
|
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 an adequate standard of living |
ICEDAW
International Convention on the Elimination of All Forms of Discrimination Against Women |
12.2.h
States Parties shall undertake all appropriate measures to eliminate discrimination against women in rural areas in order to ensure, on a basis of equality of men and women, that they participate in and benefit from rural development and, in particular, shall ensure to such women the right … (h) to enjoy adequate living conditions, particularly in relation to housing, sanitation, electricity and water supply, transport and communications
|
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 an adequate standard of living |
ICEDAW
International Convention on the Elimination of All Forms of Discrimination Against Women |
12.2.h
States Parties shall undertake all appropriate measures to eliminate discrimination against women in rural areas in order to ensure, on a basis of equality of men and women, that they participate in and benefit from rural development and, in particular, shall ensure to such women the right … (h) to enjoy adequate living conditions, particularly in relation to housing, sanitation, electricity and water supply, transport and communications
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.11
States should monitor the outcome of allocation programmes, including the gender-differentiated impacts on food security and poverty eradication as well as their impacts on social, economic and environmental objectives, and introduce corrective measures as required.
|
Right to an adequate standard of living |
ICEDAW
International Convention on the Elimination of All Forms of Discrimination Against Women |
12.2.h
States Parties shall undertake all appropriate measures to eliminate discrimination against women in rural areas in order to ensure, on a basis of equality of men and women, that they participate in and benefit from rural development and, in particular, shall ensure to such women the right … (h) to enjoy adequate living conditions, particularly in relation to housing, sanitation, electricity and water supply, transport and communications
|
Legal recognition and allocation of tenure rights and duties
9. Indigenous peoples and other communities with customary tenure systems |
9.1
State and non-state actors should acknowledge that land, fisheries and forests have social, cultural, spiritual, economic, environmental and political value to indigenous peoples and other communities with customary tenure systems.
|
Right to an adequate standard of living |
ICEDAW
International Convention on the Elimination of All Forms of Discrimination Against Women |
12.2.h
States Parties shall undertake all appropriate measures to eliminate discrimination against women in rural areas in order to ensure, on a basis of equality of men and women, that they participate in and benefit from rural development and, in particular, shall ensure to such women the right … (h) to enjoy adequate living conditions, particularly in relation to housing, sanitation, electricity and water supply, transport and communications
|
Transfers and other changes to tenure rights and duties
12. Investments |
12.2
Considering that smallholder producers and their organizations in developing countries provide a major share of agricultural investments that contribute significantly to food security, nutrition, poverty eradication and environmental resilience, States should support investments by smallholders as well as public and private smallholder-sensitive investments
|
Right to an adequate standard of living |
ICEDAW
International Convention on the Elimination of All Forms of Discrimination Against Women |
12.2.h
States Parties shall undertake all appropriate measures to eliminate discrimination against women in rural areas in order to ensure, on a basis of equality of men and women, that they participate in and benefit from rural development and, in particular, shall ensure to such women the right … (h) to enjoy adequate living conditions, particularly in relation to housing, sanitation, electricity and water supply, transport and communications
|
Transfers and other changes to tenure rights and duties
13. Land consolidation and other readjustment approaches |
13.5
States should establish strategies for readjustment approaches that fit particular local requirements. Such strategies should be socially, economically and environmentally sustainable, and gender sensitive.
Strategies should identify the principles and objectives of the readjustment approaches; the beneficiaries; and the development of capacity and knowledge in the public sector, the private sector, organizations of
farmers and small-scale producers, of fishers, and of forest users, and academia. Laws should establish clear and cost-effective procedures for the reorganization of parcels or holdings and their uses
|
Right to an adequate standard of living |
ICEDAW
International Convention on the Elimination of All Forms of Discrimination Against Women |
12.2.h
States Parties shall undertake all appropriate measures to eliminate discrimination against women in rural areas in order to ensure, on a basis of equality of men and women, that they participate in and benefit from rural development and, in particular, shall ensure to such women the right … (h) to enjoy adequate living conditions, particularly in relation to housing, sanitation, electricity and water supply, transport and communications
|
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 an adequate standard of living |
ICEDAW
International Convention on the Elimination of All Forms of Discrimination Against Women |
12.2.h
States Parties shall undertake all appropriate measures to eliminate discrimination against women in rural areas in order to ensure, on a basis of equality of men and women, that they participate in and benefit from rural development and, in particular, shall ensure to such women the right … (h) to enjoy adequate living conditions, particularly in relation to housing, sanitation, electricity and water supply, transport and communications
|
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 an adequate standard of living |
ICEDAW
International Convention on the Elimination of All Forms of Discrimination Against Women |
12.2.h
States Parties shall undertake all appropriate measures to eliminate discrimination against women in rural areas in order to ensure, on a basis of equality of men and women, that they participate in and benefit from rural development and, in particular, shall ensure to such women the right … (h) to enjoy adequate living conditions, particularly in relation to housing, sanitation, electricity and water supply, transport and communications
|
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 an adequate standard of living |
ICEDAW
International Convention on the Elimination of All Forms of Discrimination Against Women |
12.2.h
States Parties shall undertake all appropriate measures to eliminate discrimination against women in rural areas in order to ensure, on a basis of equality of men and women, that they participate in and benefit from rural development and, in particular, shall ensure to such women the right … (h) to enjoy adequate living conditions, particularly in relation to housing, sanitation, electricity and water supply, transport and communications
|
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 an adequate standard of living |
ICEDAW
International Convention on the Elimination of All Forms of Discrimination Against Women |
12.2.h
States Parties shall undertake all appropriate measures to eliminate discrimination against women in rural areas in order to ensure, on a basis of equality of men and women, that they participate in and benefit from rural development and, in particular, shall ensure to such women the right … (h) to enjoy adequate living conditions, particularly in relation to housing, sanitation, electricity and water supply, transport and communications
|
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 an adequate standard of living |
ICEDAW
International Convention on the Elimination of All Forms of Discrimination Against Women |
12.2.h
States Parties shall undertake all appropriate measures to eliminate discrimination against women in rural areas in order to ensure, on a basis of equality of men and women, that they participate in and benefit from rural development and, in particular, shall ensure to such women the right … (h) to enjoy adequate living conditions, particularly in relation to housing, sanitation, electricity and water supply, transport and communications
|
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 an adequate standard of living |
ICEDAW
International Convention on the Elimination of All Forms of Discrimination Against Women |
12.2.h
States Parties shall undertake all appropriate measures to eliminate discrimination against women in rural areas in order to ensure, on a basis of equality of men and women, that they participate in and benefit from rural development and, in particular, shall ensure to such women the right … (h) to enjoy adequate living conditions, particularly in relation to housing, sanitation, electricity and water supply, transport and communications
|
Administration of tenure
20. Regulated spatial planning |
20.5
Spatial planning should take duly into account the need to promote diversified sustainable management of land, fisheries and forests, including agro-ecological approaches and sustainable intensification, and
to meet the challenges of climate change and food security.
|
Right to an adequate standard of living |
ICEDAW
International Convention on the Elimination of All Forms of Discrimination Against Women |
12.2.h
States Parties shall undertake all appropriate measures to eliminate discrimination against women in rural areas in order to ensure, on a basis of equality of men and women, that they participate in and benefit from rural development and, in particular, shall ensure to such women the right … (h) to enjoy adequate living conditions, particularly in relation to housing, sanitation, electricity and water supply, transport and communications
|
Administration of tenure
22. Transboundary matters |
22.2
States and other parties should contribute to the understanding of transboundary tenure issues affecting communities, such as with rangelands or seasonal migration routes of pastoralists, and fishing
grounds of small-scale fishers, which lie across international boundaries.
|
Right to an adequate standard of living |
ICEDAW
International Convention on the Elimination of All Forms of Discrimination Against Women |
12.2.h
States Parties shall undertake all appropriate measures to eliminate discrimination against women in rural areas in order to ensure, on a basis of equality of men and women, that they participate in and benefit from rural development and, in particular, shall ensure to such women the right … (h) to enjoy adequate living conditions, particularly in relation to housing, sanitation, electricity and water supply, transport and communications
|
Responses to climate change and emergencies
23. Climate change |
23.2
Where appropriate, States should strive to prepare and implement strategies and actions in consultation and with the participation of all people, women and men, who may be displaced due to climate change.
Any provision of alternative land, fisheries, forests and livelihoods for displaced persons should not jeopardize the livelihoods of others. States may also consider offering special assistance to small island and other
developing states
|
Right to an adequate standard of living |
ICEDAW
International Convention on the Elimination of All Forms of Discrimination Against Women |
12.2.h
States Parties shall undertake all appropriate measures to eliminate discrimination against women in rural areas in order to ensure, on a basis of equality of men and women, that they participate in and benefit from rural development and, in particular, shall ensure to such women the right … (h) to enjoy adequate living conditions, particularly in relation to housing, sanitation, electricity and water supply, transport and communications
|
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 an adequate standard of living |
ICEDAW
International Convention on the Elimination of All Forms of Discrimination Against Women |
12.2.h
States Parties shall undertake all appropriate measures to eliminate discrimination against women in rural areas in order to ensure, on a basis of equality of men and women, that they participate in and benefit from rural development and, in particular, shall ensure to such women the right … (h) to enjoy adequate living conditions, particularly in relation to housing, sanitation, electricity and water supply, transport and communications
|
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 an adequate standard of living |
ICEDAW
International Convention on the Elimination of All Forms of Discrimination Against Women |
12.2.h
States Parties shall undertake all appropriate measures to eliminate discrimination against women in rural areas in order to ensure, on a basis of equality of men and women, that they participate in and benefit from rural development and, in particular, shall ensure to such women the right … (h) to enjoy adequate living conditions, particularly in relation to housing, sanitation, electricity and water supply, transport and communications
|
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 an adequate standard of living |
ICEDAW
International Convention on the Elimination of All Forms of Discrimination Against Women |
12.2.h
States Parties shall undertake all appropriate measures to eliminate discrimination against women in rural areas in order to ensure, on a basis of equality of men and women, that they participate in and benefit from rural development and, in particular, shall ensure to such women the right … (h) to enjoy adequate living conditions, particularly in relation to housing, sanitation, electricity and water supply, transport and communications
|
Responses to climate change and emergencies
25. Conflicts in respect to tenure of land, fisheries and forests |
25.6
Where restitution is not possible, the provision of secure access to alternative land, fisheries and forests and livelihoods for refugees and displaced persons should be negotiated with host communities and other
relevant parties to ensure that the resettlement does not jeopardize the livelihoods of others. Special procedures should, where possible, provide the vulnerable, including widows and orphans, with secure access to land,
fisheries and forests
|
Right to an adequate standard of living |
ICEDAW
International Convention on the Elimination of All Forms of Discrimination Against Women |
12.2.h
States Parties shall undertake all appropriate measures to eliminate discrimination against women in rural areas in order to ensure, on a basis of equality of men and women, that they participate in and benefit from rural development and, in particular, shall ensure to such women the right … (h) to enjoy adequate living conditions, particularly in relation to housing, sanitation, electricity and water supply, transport and communications
|
Responses to climate change and emergencies
25. Conflicts in respect to tenure of land, fisheries and forests |
25.6
Where restitution is not possible, the provision of secure access to alternative land, fisheries and forests and livelihoods for refugees and displaced persons should be negotiated with host communities and other
relevant parties to ensure that the resettlement does not jeopardize the livelihoods of others. Special procedures should, where possible, provide the vulnerable, including widows and orphans, with secure access to land,
fisheries and forests
|
Right to an adequate standard of living |
ICRPD
International Convention on the Rights of Persons with Disabilities |
28.1
States Parties recognize the right of persons with disabilities to an adequate standard of living for themselves and their families, including adequate food, clothing and housing, and to the continuous improvement of living conditions, and shall take appropriate steps to safeguard and promote the realization of this right without discrimination on the basis of disability.
|
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 an adequate standard of living |
ICRPD
International Convention on the Rights of Persons with Disabilities |
28.1
States Parties recognize the right of persons with disabilities to an adequate standard of living for themselves and their families, including adequate food, clothing and housing, and to the continuous improvement of living conditions, and shall take appropriate steps to safeguard and promote the realization of this right without discrimination on the basis of disability.
|
General matters
5. Policy, legal and organizational frameworks related to tenure |
5.9
States should recognize that policies and laws on tenure rights operate in the broader political, legal, social, cultural, religious, economic and environmental contexts. Where the broader contexts change, and where reforms to tenure are therefore required, States should seek to develop national consensus on proposed reforms.
|
Right to an adequate standard of living |
ICRPD
International Convention on the Rights of Persons with Disabilities |
28.1
States Parties recognize the right of persons with disabilities to an adequate standard of living for themselves and their families, including adequate food, clothing and housing, and to the continuous improvement of living conditions, and shall take appropriate steps to safeguard and promote the realization of this right without discrimination on the basis of disability.
|
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 an adequate standard of living |
ICRPD
International Convention on the Rights of Persons with Disabilities |
28.1
States Parties recognize the right of persons with disabilities to an adequate standard of living for themselves and their families, including adequate food, clothing and housing, and to the continuous improvement of living conditions, and shall take appropriate steps to safeguard and promote the realization of this right without discrimination on the basis of disability.
|
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 an adequate standard of living |
ICRPD
International Convention on the Rights of Persons with Disabilities |
28.1
States Parties recognize the right of persons with disabilities to an adequate standard of living for themselves and their families, including adequate food, clothing and housing, and to the continuous improvement of living conditions, and shall take appropriate steps to safeguard and promote the realization of this right without discrimination on the basis of disability.
|
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 an adequate standard of living |
ICRPD
International Convention on the Rights of Persons with Disabilities |
28.1
States Parties recognize the right of persons with disabilities to an adequate standard of living for themselves and their families, including adequate food, clothing and housing, and to the continuous improvement of living conditions, and shall take appropriate steps to safeguard and promote the realization of this right without discrimination on the basis of disability.
|
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 an adequate standard of living |
ICRPD
International Convention on the Rights of Persons with Disabilities |
28.1
States Parties recognize the right of persons with disabilities to an adequate standard of living for themselves and their families, including adequate food, clothing and housing, and to the continuous improvement of living conditions, and shall take appropriate steps to safeguard and promote the realization of this right without discrimination on the basis of disability.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.11
States should monitor the outcome of allocation programmes, including the gender-differentiated impacts on food security and poverty eradication as well as their impacts on social, economic and environmental objectives, and introduce corrective measures as required.
|
Right to an adequate standard of living |
ICRPD
International Convention on the Rights of Persons with Disabilities |
28.1
States Parties recognize the right of persons with disabilities to an adequate standard of living for themselves and their families, including adequate food, clothing and housing, and to the continuous improvement of living conditions, and shall take appropriate steps to safeguard and promote the realization of this right without discrimination on the basis of disability.
|
Legal recognition and allocation of tenure rights and duties
9. Indigenous peoples and other communities with customary tenure systems |
9.1
State and non-state actors should acknowledge that land, fisheries and forests have social, cultural, spiritual, economic, environmental and political value to indigenous peoples and other communities with customary tenure systems.
|
Right to an adequate standard of living |
ICRPD
International Convention on the Rights of Persons with Disabilities |
28.1
States Parties recognize the right of persons with disabilities to an adequate standard of living for themselves and their families, including adequate food, clothing and housing, and to the continuous improvement of living conditions, and shall take appropriate steps to safeguard and promote the realization of this right without discrimination on the basis of disability.
|
Transfers and other changes to tenure rights and duties
12. Investments |
12.2
Considering that smallholder producers and their organizations in developing countries provide a major share of agricultural investments that contribute significantly to food security, nutrition, poverty eradication and environmental resilience, States should support investments by smallholders as well as public and private smallholder-sensitive investments
|
Right to an adequate standard of living |
ICRPD
International Convention on the Rights of Persons with Disabilities |
28.1
States Parties recognize the right of persons with disabilities to an adequate standard of living for themselves and their families, including adequate food, clothing and housing, and to the continuous improvement of living conditions, and shall take appropriate steps to safeguard and promote the realization of this right without discrimination on the basis of disability.
|
Transfers and other changes to tenure rights and duties
13. Land consolidation and other readjustment approaches |
13.5
States should establish strategies for readjustment approaches that fit particular local requirements. Such strategies should be socially, economically and environmentally sustainable, and gender sensitive.
Strategies should identify the principles and objectives of the readjustment approaches; the beneficiaries; and the development of capacity and knowledge in the public sector, the private sector, organizations of
farmers and small-scale producers, of fishers, and of forest users, and academia. Laws should establish clear and cost-effective procedures for the reorganization of parcels or holdings and their uses
|
Right to an adequate standard of living |
ICRPD
International Convention on the Rights of Persons with Disabilities |
28.1
States Parties recognize the right of persons with disabilities to an adequate standard of living for themselves and their families, including adequate food, clothing and housing, and to the continuous improvement of living conditions, and shall take appropriate steps to safeguard and promote the realization of this right without discrimination on the basis of disability.
|
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 an adequate standard of living |
ICRPD
International Convention on the Rights of Persons with Disabilities |
28.1
States Parties recognize the right of persons with disabilities to an adequate standard of living for themselves and their families, including adequate food, clothing and housing, and to the continuous improvement of living conditions, and shall take appropriate steps to safeguard and promote the realization of this right without discrimination on the basis of disability.
|
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 an adequate standard of living |
ICRPD
International Convention on the Rights of Persons with Disabilities |
28.1
States Parties recognize the right of persons with disabilities to an adequate standard of living for themselves and their families, including adequate food, clothing and housing, and to the continuous improvement of living conditions, and shall take appropriate steps to safeguard and promote the realization of this right without discrimination on the basis of disability.
|
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 an adequate standard of living |
ICRPD
International Convention on the Rights of Persons with Disabilities |
28.1
States Parties recognize the right of persons with disabilities to an adequate standard of living for themselves and their families, including adequate food, clothing and housing, and to the continuous improvement of living conditions, and shall take appropriate steps to safeguard and promote the realization of this right without discrimination on the basis of disability.
|
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 an adequate standard of living |
ICRPD
International Convention on the Rights of Persons with Disabilities |
28.1
States Parties recognize the right of persons with disabilities to an adequate standard of living for themselves and their families, including adequate food, clothing and housing, and to the continuous improvement of living conditions, and shall take appropriate steps to safeguard and promote the realization of this right without discrimination on the basis of disability.
|
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 an adequate standard of living |
ICRPD
International Convention on the Rights of Persons with Disabilities |
28.1
States Parties recognize the right of persons with disabilities to an adequate standard of living for themselves and their families, including adequate food, clothing and housing, and to the continuous improvement of living conditions, and shall take appropriate steps to safeguard and promote the realization of this right without discrimination on the basis of disability.
|
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 an adequate standard of living |
ICRPD
International Convention on the Rights of Persons with Disabilities |
28.1
States Parties recognize the right of persons with disabilities to an adequate standard of living for themselves and their families, including adequate food, clothing and housing, and to the continuous improvement of living conditions, and shall take appropriate steps to safeguard and promote the realization of this right without discrimination on the basis of disability.
|
Administration of tenure
20. Regulated spatial planning |
20.5
Spatial planning should take duly into account the need to promote diversified sustainable management of land, fisheries and forests, including agro-ecological approaches and sustainable intensification, and
to meet the challenges of climate change and food security.
|
Right to an adequate standard of living |
ICRPD
International Convention on the Rights of Persons with Disabilities |
28.1
States Parties recognize the right of persons with disabilities to an adequate standard of living for themselves and their families, including adequate food, clothing and housing, and to the continuous improvement of living conditions, and shall take appropriate steps to safeguard and promote the realization of this right without discrimination on the basis of disability.
|
Administration of tenure
22. Transboundary matters |
22.2
States and other parties should contribute to the understanding of transboundary tenure issues affecting communities, such as with rangelands or seasonal migration routes of pastoralists, and fishing
grounds of small-scale fishers, which lie across international boundaries.
|
Right to an adequate standard of living |
ICRPD
International Convention on the Rights of Persons with Disabilities |
28.1
States Parties recognize the right of persons with disabilities to an adequate standard of living for themselves and their families, including adequate food, clothing and housing, and to the continuous improvement of living conditions, and shall take appropriate steps to safeguard and promote the realization of this right without discrimination on the basis of disability.
|
Responses to climate change and emergencies
23. Climate change |
23.2
Where appropriate, States should strive to prepare and implement strategies and actions in consultation and with the participation of all people, women and men, who may be displaced due to climate change.
Any provision of alternative land, fisheries, forests and livelihoods for displaced persons should not jeopardize the livelihoods of others. States may also consider offering special assistance to small island and other
developing states
|
Right to an adequate standard of living |
ICRPD
International Convention on the Rights of Persons with Disabilities |
28.1
States Parties recognize the right of persons with disabilities to an adequate standard of living for themselves and their families, including adequate food, clothing and housing, and to the continuous improvement of living conditions, and shall take appropriate steps to safeguard and promote the realization of this right without discrimination on the basis of disability.
|
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 an adequate standard of living |
ICRPD
International Convention on the Rights of Persons with Disabilities |
28.1
States Parties recognize the right of persons with disabilities to an adequate standard of living for themselves and their families, including adequate food, clothing and housing, and to the continuous improvement of living conditions, and shall take appropriate steps to safeguard and promote the realization of this right without discrimination on the basis of disability.
|
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 an adequate standard of living |
ICRPD
International Convention on the Rights of Persons with Disabilities |
28.1
States Parties recognize the right of persons with disabilities to an adequate standard of living for themselves and their families, including adequate food, clothing and housing, and to the continuous improvement of living conditions, and shall take appropriate steps to safeguard and promote the realization of this right without discrimination on the basis of disability.
|
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 an adequate standard of living |
ICRPD
International Convention on the Rights of Persons with Disabilities |
28.1
States Parties recognize the right of persons with disabilities to an adequate standard of living for themselves and their families, including adequate food, clothing and housing, and to the continuous improvement of living conditions, and shall take appropriate steps to safeguard and promote the realization of this right without discrimination on the basis of disability.
|
Responses to climate change and emergencies
25. Conflicts in respect to tenure of land, fisheries and forests |
25.6
Where restitution is not possible, the provision of secure access to alternative land, fisheries and forests and livelihoods for refugees and displaced persons should be negotiated with host communities and other
relevant parties to ensure that the resettlement does not jeopardize the livelihoods of others. Special procedures should, where possible, provide the vulnerable, including widows and orphans, with secure access to land,
fisheries and forests
|
Right to an adequate standard of living |
ICRPD
International Convention on the Rights of Persons with Disabilities |
28.1
States Parties recognize the right of persons with disabilities to an adequate standard of living for themselves and their families, including adequate food, clothing and housing, and to the continuous improvement of living conditions, and shall take appropriate steps to safeguard and promote the realization of this right without discrimination on the basis of disability.
|
Responses to climate change and emergencies
25. Conflicts in respect to tenure of land, fisheries and forests |
25.6
Where restitution is not possible, the provision of secure access to alternative land, fisheries and forests and livelihoods for refugees and displaced persons should be negotiated with host communities and other
relevant parties to ensure that the resettlement does not jeopardize the livelihoods of others. Special procedures should, where possible, provide the vulnerable, including widows and orphans, with secure access to land,
fisheries and forests
|
Right to an adequate standard of living |
ICRMW
International Convention on the Protection of The Rights of All Migrant Workers and Members of Their Families |
43.1.d
Migrant workers shall enjoy equality of treatment with nationals of the State of employment in relation to … (d) Access to housing, including social housing schemes, and protection against exploitation in respect of rents. NB: As spelt out in article 36 of the ICRMW, this right applies to migrant workers and members of their families who are documented or in a regular situation in the State of employment
|
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 an adequate standard of living |
ICRMW
International Convention on the Protection of The Rights of All Migrant Workers and Members of Their Families |
43.1.d
Migrant workers shall enjoy equality of treatment with nationals of the State of employment in relation to … (d) Access to housing, including social housing schemes, and protection against exploitation in respect of rents. NB: As spelt out in article 36 of the ICRMW, this right applies to migrant workers and members of their families who are documented or in a regular situation in the State of employment
|
General matters
5. Policy, legal and organizational frameworks related to tenure |
5.9
States should recognize that policies and laws on tenure rights operate in the broader political, legal, social, cultural, religious, economic and environmental contexts. Where the broader contexts change, and where reforms to tenure are therefore required, States should seek to develop national consensus on proposed reforms.
|
Right to an adequate standard of living |
ICRMW
International Convention on the Protection of The Rights of All Migrant Workers and Members of Their Families |
43.1.d
Migrant workers shall enjoy equality of treatment with nationals of the State of employment in relation to … (d) Access to housing, including social housing schemes, and protection against exploitation in respect of rents. NB: As spelt out in article 36 of the ICRMW, this right applies to migrant workers and members of their families who are documented or in a regular situation in the State of employment
|
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 an adequate standard of living |
ICRMW
International Convention on the Protection of The Rights of All Migrant Workers and Members of Their Families |
43.1.d
Migrant workers shall enjoy equality of treatment with nationals of the State of employment in relation to … (d) Access to housing, including social housing schemes, and protection against exploitation in respect of rents. NB: As spelt out in article 36 of the ICRMW, this right applies to migrant workers and members of their families who are documented or in a regular situation in the State of employment
|
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 an adequate standard of living |
ICRMW
International Convention on the Protection of The Rights of All Migrant Workers and Members of Their Families |
43.1.d
Migrant workers shall enjoy equality of treatment with nationals of the State of employment in relation to … (d) Access to housing, including social housing schemes, and protection against exploitation in respect of rents. NB: As spelt out in article 36 of the ICRMW, this right applies to migrant workers and members of their families who are documented or in a regular situation in the State of employment
|
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 an adequate standard of living |
ICRMW
International Convention on the Protection of The Rights of All Migrant Workers and Members of Their Families |
43.1.d
Migrant workers shall enjoy equality of treatment with nationals of the State of employment in relation to … (d) Access to housing, including social housing schemes, and protection against exploitation in respect of rents. NB: As spelt out in article 36 of the ICRMW, this right applies to migrant workers and members of their families who are documented or in a regular situation in the State of employment
|
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 an adequate standard of living |
ICRMW
International Convention on the Protection of The Rights of All Migrant Workers and Members of Their Families |
43.1.d
Migrant workers shall enjoy equality of treatment with nationals of the State of employment in relation to … (d) Access to housing, including social housing schemes, and protection against exploitation in respect of rents. NB: As spelt out in article 36 of the ICRMW, this right applies to migrant workers and members of their families who are documented or in a regular situation in the State of employment
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.11
States should monitor the outcome of allocation programmes, including the gender-differentiated impacts on food security and poverty eradication as well as their impacts on social, economic and environmental objectives, and introduce corrective measures as required.
|
Right to an adequate standard of living |
ICRMW
International Convention on the Protection of The Rights of All Migrant Workers and Members of Their Families |
43.1.d
Migrant workers shall enjoy equality of treatment with nationals of the State of employment in relation to … (d) Access to housing, including social housing schemes, and protection against exploitation in respect of rents. NB: As spelt out in article 36 of the ICRMW, this right applies to migrant workers and members of their families who are documented or in a regular situation in the State of employment
|
Legal recognition and allocation of tenure rights and duties
9. Indigenous peoples and other communities with customary tenure systems |
9.1
State and non-state actors should acknowledge that land, fisheries and forests have social, cultural, spiritual, economic, environmental and political value to indigenous peoples and other communities with customary tenure systems.
|
Right to an adequate standard of living |
ICRMW
International Convention on the Protection of The Rights of All Migrant Workers and Members of Their Families |
43.1.d
Migrant workers shall enjoy equality of treatment with nationals of the State of employment in relation to … (d) Access to housing, including social housing schemes, and protection against exploitation in respect of rents. NB: As spelt out in article 36 of the ICRMW, this right applies to migrant workers and members of their families who are documented or in a regular situation in the State of employment
|
Transfers and other changes to tenure rights and duties
12. Investments |
12.2
Considering that smallholder producers and their organizations in developing countries provide a major share of agricultural investments that contribute significantly to food security, nutrition, poverty eradication and environmental resilience, States should support investments by smallholders as well as public and private smallholder-sensitive investments
|
Right to an adequate standard of living |
ICRMW
International Convention on the Protection of The Rights of All Migrant Workers and Members of Their Families |
43.1.d
Migrant workers shall enjoy equality of treatment with nationals of the State of employment in relation to … (d) Access to housing, including social housing schemes, and protection against exploitation in respect of rents. NB: As spelt out in article 36 of the ICRMW, this right applies to migrant workers and members of their families who are documented or in a regular situation in the State of employment
|
Transfers and other changes to tenure rights and duties
13. Land consolidation and other readjustment approaches |
13.5
States should establish strategies for readjustment approaches that fit particular local requirements. Such strategies should be socially, economically and environmentally sustainable, and gender sensitive.
Strategies should identify the principles and objectives of the readjustment approaches; the beneficiaries; and the development of capacity and knowledge in the public sector, the private sector, organizations of
farmers and small-scale producers, of fishers, and of forest users, and academia. Laws should establish clear and cost-effective procedures for the reorganization of parcels or holdings and their uses
|
Right to an adequate standard of living |
ICRMW
International Convention on the Protection of The Rights of All Migrant Workers and Members of Their Families |
43.1.d
Migrant workers shall enjoy equality of treatment with nationals of the State of employment in relation to … (d) Access to housing, including social housing schemes, and protection against exploitation in respect of rents. NB: As spelt out in article 36 of the ICRMW, this right applies to migrant workers and members of their families who are documented or in a regular situation in the State of employment
|
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 an adequate standard of living |
ICRMW
International Convention on the Protection of The Rights of All Migrant Workers and Members of Their Families |
43.1.d
Migrant workers shall enjoy equality of treatment with nationals of the State of employment in relation to … (d) Access to housing, including social housing schemes, and protection against exploitation in respect of rents. NB: As spelt out in article 36 of the ICRMW, this right applies to migrant workers and members of their families who are documented or in a regular situation in the State of employment
|
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 an adequate standard of living |
ICRMW
International Convention on the Protection of The Rights of All Migrant Workers and Members of Their Families |
43.1.d
Migrant workers shall enjoy equality of treatment with nationals of the State of employment in relation to … (d) Access to housing, including social housing schemes, and protection against exploitation in respect of rents. NB: As spelt out in article 36 of the ICRMW, this right applies to migrant workers and members of their families who are documented or in a regular situation in the State of employment
|
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 an adequate standard of living |
ICRMW
International Convention on the Protection of The Rights of All Migrant Workers and Members of Their Families |
43.1.d
Migrant workers shall enjoy equality of treatment with nationals of the State of employment in relation to … (d) Access to housing, including social housing schemes, and protection against exploitation in respect of rents. NB: As spelt out in article 36 of the ICRMW, this right applies to migrant workers and members of their families who are documented or in a regular situation in the State of employment
|
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 an adequate standard of living |
ICRMW
International Convention on the Protection of The Rights of All Migrant Workers and Members of Their Families |
43.1.d
Migrant workers shall enjoy equality of treatment with nationals of the State of employment in relation to … (d) Access to housing, including social housing schemes, and protection against exploitation in respect of rents. NB: As spelt out in article 36 of the ICRMW, this right applies to migrant workers and members of their families who are documented or in a regular situation in the State of employment
|
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 an adequate standard of living |
ICRMW
International Convention on the Protection of The Rights of All Migrant Workers and Members of Their Families |
43.1.d
Migrant workers shall enjoy equality of treatment with nationals of the State of employment in relation to … (d) Access to housing, including social housing schemes, and protection against exploitation in respect of rents. NB: As spelt out in article 36 of the ICRMW, this right applies to migrant workers and members of their families who are documented or in a regular situation in the State of employment
|
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 an adequate standard of living |
ICRMW
International Convention on the Protection of The Rights of All Migrant Workers and Members of Their Families |
43.1.d
Migrant workers shall enjoy equality of treatment with nationals of the State of employment in relation to … (d) Access to housing, including social housing schemes, and protection against exploitation in respect of rents. NB: As spelt out in article 36 of the ICRMW, this right applies to migrant workers and members of their families who are documented or in a regular situation in the State of employment
|
Administration of tenure
20. Regulated spatial planning |
20.5
Spatial planning should take duly into account the need to promote diversified sustainable management of land, fisheries and forests, including agro-ecological approaches and sustainable intensification, and
to meet the challenges of climate change and food security.
|
Right to an adequate standard of living |
ICRMW
International Convention on the Protection of The Rights of All Migrant Workers and Members of Their Families |
43.1.d
Migrant workers shall enjoy equality of treatment with nationals of the State of employment in relation to … (d) Access to housing, including social housing schemes, and protection against exploitation in respect of rents. NB: As spelt out in article 36 of the ICRMW, this right applies to migrant workers and members of their families who are documented or in a regular situation in the State of employment
|
Administration of tenure
22. Transboundary matters |
22.2
States and other parties should contribute to the understanding of transboundary tenure issues affecting communities, such as with rangelands or seasonal migration routes of pastoralists, and fishing
grounds of small-scale fishers, which lie across international boundaries.
|
Right to an adequate standard of living |
ICRMW
International Convention on the Protection of The Rights of All Migrant Workers and Members of Their Families |
43.1.d
Migrant workers shall enjoy equality of treatment with nationals of the State of employment in relation to … (d) Access to housing, including social housing schemes, and protection against exploitation in respect of rents. NB: As spelt out in article 36 of the ICRMW, this right applies to migrant workers and members of their families who are documented or in a regular situation in the State of employment
|
Responses to climate change and emergencies
23. Climate change |
23.2
Where appropriate, States should strive to prepare and implement strategies and actions in consultation and with the participation of all people, women and men, who may be displaced due to climate change.
Any provision of alternative land, fisheries, forests and livelihoods for displaced persons should not jeopardize the livelihoods of others. States may also consider offering special assistance to small island and other
developing states
|
Right to an adequate standard of living |
ICRMW
International Convention on the Protection of The Rights of All Migrant Workers and Members of Their Families |
43.1.d
Migrant workers shall enjoy equality of treatment with nationals of the State of employment in relation to … (d) Access to housing, including social housing schemes, and protection against exploitation in respect of rents. NB: As spelt out in article 36 of the ICRMW, this right applies to migrant workers and members of their families who are documented or in a regular situation in the State of employment
|
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 an adequate standard of living |
ICRMW
International Convention on the Protection of The Rights of All Migrant Workers and Members of Their Families |
43.1.d
Migrant workers shall enjoy equality of treatment with nationals of the State of employment in relation to … (d) Access to housing, including social housing schemes, and protection against exploitation in respect of rents. NB: As spelt out in article 36 of the ICRMW, this right applies to migrant workers and members of their families who are documented or in a regular situation in the State of employment
|
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 an adequate standard of living |
ICRMW
International Convention on the Protection of The Rights of All Migrant Workers and Members of Their Families |
43.1.d
Migrant workers shall enjoy equality of treatment with nationals of the State of employment in relation to … (d) Access to housing, including social housing schemes, and protection against exploitation in respect of rents. NB: As spelt out in article 36 of the ICRMW, this right applies to migrant workers and members of their families who are documented or in a regular situation in the State of employment
|
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 an adequate standard of living |
ICRMW
International Convention on the Protection of The Rights of All Migrant Workers and Members of Their Families |
43.1.d
Migrant workers shall enjoy equality of treatment with nationals of the State of employment in relation to … (d) Access to housing, including social housing schemes, and protection against exploitation in respect of rents. NB: As spelt out in article 36 of the ICRMW, this right applies to migrant workers and members of their families who are documented or in a regular situation in the State of employment
|
Responses to climate change and emergencies
25. Conflicts in respect to tenure of land, fisheries and forests |
25.6
Where restitution is not possible, the provision of secure access to alternative land, fisheries and forests and livelihoods for refugees and displaced persons should be negotiated with host communities and other
relevant parties to ensure that the resettlement does not jeopardize the livelihoods of others. Special procedures should, where possible, provide the vulnerable, including widows and orphans, with secure access to land,
fisheries and forests
|
Right to an adequate standard of living |
ICRMW
International Convention on the Protection of The Rights of All Migrant Workers and Members of Their Families |
43.1.d
Migrant workers shall enjoy equality of treatment with nationals of the State of employment in relation to … (d) Access to housing, including social housing schemes, and protection against exploitation in respect of rents. NB: As spelt out in article 36 of the ICRMW, this right applies to migrant workers and members of their families who are documented or in a regular situation in the State of employment
|
Responses to climate change and emergencies
25. Conflicts in respect to tenure of land, fisheries and forests |
25.6
Where restitution is not possible, the provision of secure access to alternative land, fisheries and forests and livelihoods for refugees and displaced persons should be negotiated with host communities and other
relevant parties to ensure that the resettlement does not jeopardize the livelihoods of others. Special procedures should, where possible, provide the vulnerable, including widows and orphans, with secure access to land,
fisheries and forests
|
Right to an adequate standard of living |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
16
1. Peasants and other people working in rural areas have the right to an adequate
standard of living for themselves and their families, and to facilitated access to the means of
production necessary to achieve them, including production tools, technical assistance,
credit, insurance and other financial services. They also have the right to engage freely,
individually and/or collectively, in association with others or as a community, in traditional ways of farming, fishing, livestock rearing and forestry and to develop community-based commercialization systems.
2. States shall take appropriate measures to favour the access of peasants and other people working in rural areas to the means of transportation, and processing, drying
and storage facilities necessary for selling their products on local, national and regional markets at prices that guarantee them a decent income and livelihood.
3. States shall take appropriate measures to strengthen and support local, national and regional markets in ways that facilitate, and ensure that peasants and other people working in rural areas have, full and equitable access and participation in these markets to sell their products at prices that allow them and their families to attain an adequate standard of living.
4. States shall take all appropriate measures to ensure that their rural development, agricultural, environmental, trade and investment policies and programmes contribute effectively to protecting and strengthening local livelihood options and to the transition to sustainable modes of agricultural production. States shall stimulate sustainable production, including agroecological and organic production, whenever possible, and facilitate direct farmer-to-consumer sales.
5. States shall take appropriate measures to strengthen the resilience of peasants and other people working in rural areas against natural disasters and other severe disruptions, such as market failures.
6. States shall take appropriate measures to ensure fair wages and equal remuneration for work of equal value, without distinction of any kind.
|
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 an adequate standard of living |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
16
1. Peasants and other people working in rural areas have the right to an adequate
standard of living for themselves and their families, and to facilitated access to the means of
production necessary to achieve them, including production tools, technical assistance,
credit, insurance and other financial services. They also have the right to engage freely,
individually and/or collectively, in association with others or as a community, in traditional ways of farming, fishing, livestock rearing and forestry and to develop community-based commercialization systems.
2. States shall take appropriate measures to favour the access of peasants and other people working in rural areas to the means of transportation, and processing, drying
and storage facilities necessary for selling their products on local, national and regional markets at prices that guarantee them a decent income and livelihood.
3. States shall take appropriate measures to strengthen and support local, national and regional markets in ways that facilitate, and ensure that peasants and other people working in rural areas have, full and equitable access and participation in these markets to sell their products at prices that allow them and their families to attain an adequate standard of living.
4. States shall take all appropriate measures to ensure that their rural development, agricultural, environmental, trade and investment policies and programmes contribute effectively to protecting and strengthening local livelihood options and to the transition to sustainable modes of agricultural production. States shall stimulate sustainable production, including agroecological and organic production, whenever possible, and facilitate direct farmer-to-consumer sales.
5. States shall take appropriate measures to strengthen the resilience of peasants and other people working in rural areas against natural disasters and other severe disruptions, such as market failures.
6. States shall take appropriate measures to ensure fair wages and equal remuneration for work of equal value, without distinction of any kind.
|
General matters
5. Policy, legal and organizational frameworks related to tenure |
5.9
States should recognize that policies and laws on tenure rights operate in the broader political, legal, social, cultural, religious, economic and environmental contexts. Where the broader contexts change, and where reforms to tenure are therefore required, States should seek to develop national consensus on proposed reforms.
|
Right to an adequate standard of living |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
16
1. Peasants and other people working in rural areas have the right to an adequate
standard of living for themselves and their families, and to facilitated access to the means of
production necessary to achieve them, including production tools, technical assistance,
credit, insurance and other financial services. They also have the right to engage freely,
individually and/or collectively, in association with others or as a community, in traditional ways of farming, fishing, livestock rearing and forestry and to develop community-based commercialization systems.
2. States shall take appropriate measures to favour the access of peasants and other people working in rural areas to the means of transportation, and processing, drying
and storage facilities necessary for selling their products on local, national and regional markets at prices that guarantee them a decent income and livelihood.
3. States shall take appropriate measures to strengthen and support local, national and regional markets in ways that facilitate, and ensure that peasants and other people working in rural areas have, full and equitable access and participation in these markets to sell their products at prices that allow them and their families to attain an adequate standard of living.
4. States shall take all appropriate measures to ensure that their rural development, agricultural, environmental, trade and investment policies and programmes contribute effectively to protecting and strengthening local livelihood options and to the transition to sustainable modes of agricultural production. States shall stimulate sustainable production, including agroecological and organic production, whenever possible, and facilitate direct farmer-to-consumer sales.
5. States shall take appropriate measures to strengthen the resilience of peasants and other people working in rural areas against natural disasters and other severe disruptions, such as market failures.
6. States shall take appropriate measures to ensure fair wages and equal remuneration for work of equal value, without distinction of any kind.
|
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 an adequate standard of living |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
16
1. Peasants and other people working in rural areas have the right to an adequate
standard of living for themselves and their families, and to facilitated access to the means of
production necessary to achieve them, including production tools, technical assistance,
credit, insurance and other financial services. They also have the right to engage freely,
individually and/or collectively, in association with others or as a community, in traditional ways of farming, fishing, livestock rearing and forestry and to develop community-based commercialization systems.
2. States shall take appropriate measures to favour the access of peasants and other people working in rural areas to the means of transportation, and processing, drying
and storage facilities necessary for selling their products on local, national and regional markets at prices that guarantee them a decent income and livelihood.
3. States shall take appropriate measures to strengthen and support local, national and regional markets in ways that facilitate, and ensure that peasants and other people working in rural areas have, full and equitable access and participation in these markets to sell their products at prices that allow them and their families to attain an adequate standard of living.
4. States shall take all appropriate measures to ensure that their rural development, agricultural, environmental, trade and investment policies and programmes contribute effectively to protecting and strengthening local livelihood options and to the transition to sustainable modes of agricultural production. States shall stimulate sustainable production, including agroecological and organic production, whenever possible, and facilitate direct farmer-to-consumer sales.
5. States shall take appropriate measures to strengthen the resilience of peasants and other people working in rural areas against natural disasters and other severe disruptions, such as market failures.
6. States shall take appropriate measures to ensure fair wages and equal remuneration for work of equal value, without distinction of any kind.
|
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 an adequate standard of living |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
16
1. Peasants and other people working in rural areas have the right to an adequate
standard of living for themselves and their families, and to facilitated access to the means of
production necessary to achieve them, including production tools, technical assistance,
credit, insurance and other financial services. They also have the right to engage freely,
individually and/or collectively, in association with others or as a community, in traditional ways of farming, fishing, livestock rearing and forestry and to develop community-based commercialization systems.
2. States shall take appropriate measures to favour the access of peasants and other people working in rural areas to the means of transportation, and processing, drying
and storage facilities necessary for selling their products on local, national and regional markets at prices that guarantee them a decent income and livelihood.
3. States shall take appropriate measures to strengthen and support local, national and regional markets in ways that facilitate, and ensure that peasants and other people working in rural areas have, full and equitable access and participation in these markets to sell their products at prices that allow them and their families to attain an adequate standard of living.
4. States shall take all appropriate measures to ensure that their rural development, agricultural, environmental, trade and investment policies and programmes contribute effectively to protecting and strengthening local livelihood options and to the transition to sustainable modes of agricultural production. States shall stimulate sustainable production, including agroecological and organic production, whenever possible, and facilitate direct farmer-to-consumer sales.
5. States shall take appropriate measures to strengthen the resilience of peasants and other people working in rural areas against natural disasters and other severe disruptions, such as market failures.
6. States shall take appropriate measures to ensure fair wages and equal remuneration for work of equal value, without distinction of any kind.
|
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 an adequate standard of living |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
16
1. Peasants and other people working in rural areas have the right to an adequate
standard of living for themselves and their families, and to facilitated access to the means of
production necessary to achieve them, including production tools, technical assistance,
credit, insurance and other financial services. They also have the right to engage freely,
individually and/or collectively, in association with others or as a community, in traditional ways of farming, fishing, livestock rearing and forestry and to develop community-based commercialization systems.
2. States shall take appropriate measures to favour the access of peasants and other people working in rural areas to the means of transportation, and processing, drying
and storage facilities necessary for selling their products on local, national and regional markets at prices that guarantee them a decent income and livelihood.
3. States shall take appropriate measures to strengthen and support local, national and regional markets in ways that facilitate, and ensure that peasants and other people working in rural areas have, full and equitable access and participation in these markets to sell their products at prices that allow them and their families to attain an adequate standard of living.
4. States shall take all appropriate measures to ensure that their rural development, agricultural, environmental, trade and investment policies and programmes contribute effectively to protecting and strengthening local livelihood options and to the transition to sustainable modes of agricultural production. States shall stimulate sustainable production, including agroecological and organic production, whenever possible, and facilitate direct farmer-to-consumer sales.
5. States shall take appropriate measures to strengthen the resilience of peasants and other people working in rural areas against natural disasters and other severe disruptions, such as market failures.
6. States shall take appropriate measures to ensure fair wages and equal remuneration for work of equal value, without distinction of any kind.
|
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 an adequate standard of living |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
16
1. Peasants and other people working in rural areas have the right to an adequate
standard of living for themselves and their families, and to facilitated access to the means of
production necessary to achieve them, including production tools, technical assistance,
credit, insurance and other financial services. They also have the right to engage freely,
individually and/or collectively, in association with others or as a community, in traditional ways of farming, fishing, livestock rearing and forestry and to develop community-based commercialization systems.
2. States shall take appropriate measures to favour the access of peasants and other people working in rural areas to the means of transportation, and processing, drying
and storage facilities necessary for selling their products on local, national and regional markets at prices that guarantee them a decent income and livelihood.
3. States shall take appropriate measures to strengthen and support local, national and regional markets in ways that facilitate, and ensure that peasants and other people working in rural areas have, full and equitable access and participation in these markets to sell their products at prices that allow them and their families to attain an adequate standard of living.
4. States shall take all appropriate measures to ensure that their rural development, agricultural, environmental, trade and investment policies and programmes contribute effectively to protecting and strengthening local livelihood options and to the transition to sustainable modes of agricultural production. States shall stimulate sustainable production, including agroecological and organic production, whenever possible, and facilitate direct farmer-to-consumer sales.
5. States shall take appropriate measures to strengthen the resilience of peasants and other people working in rural areas against natural disasters and other severe disruptions, such as market failures.
6. States shall take appropriate measures to ensure fair wages and equal remuneration for work of equal value, without distinction of any kind.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.11
States should monitor the outcome of allocation programmes, including the gender-differentiated impacts on food security and poverty eradication as well as their impacts on social, economic and environmental objectives, and introduce corrective measures as required.
|
Right to an adequate standard of living |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
16
1. Peasants and other people working in rural areas have the right to an adequate
standard of living for themselves and their families, and to facilitated access to the means of
production necessary to achieve them, including production tools, technical assistance,
credit, insurance and other financial services. They also have the right to engage freely,
individually and/or collectively, in association with others or as a community, in traditional ways of farming, fishing, livestock rearing and forestry and to develop community-based commercialization systems.
2. States shall take appropriate measures to favour the access of peasants and other people working in rural areas to the means of transportation, and processing, drying
and storage facilities necessary for selling their products on local, national and regional markets at prices that guarantee them a decent income and livelihood.
3. States shall take appropriate measures to strengthen and support local, national and regional markets in ways that facilitate, and ensure that peasants and other people working in rural areas have, full and equitable access and participation in these markets to sell their products at prices that allow them and their families to attain an adequate standard of living.
4. States shall take all appropriate measures to ensure that their rural development, agricultural, environmental, trade and investment policies and programmes contribute effectively to protecting and strengthening local livelihood options and to the transition to sustainable modes of agricultural production. States shall stimulate sustainable production, including agroecological and organic production, whenever possible, and facilitate direct farmer-to-consumer sales.
5. States shall take appropriate measures to strengthen the resilience of peasants and other people working in rural areas against natural disasters and other severe disruptions, such as market failures.
6. States shall take appropriate measures to ensure fair wages and equal remuneration for work of equal value, without distinction of any kind.
|
Legal recognition and allocation of tenure rights and duties
9. Indigenous peoples and other communities with customary tenure systems |
9.1
State and non-state actors should acknowledge that land, fisheries and forests have social, cultural, spiritual, economic, environmental and political value to indigenous peoples and other communities with customary tenure systems.
|
Right to an adequate standard of living |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
16
1. Peasants and other people working in rural areas have the right to an adequate
standard of living for themselves and their families, and to facilitated access to the means of
production necessary to achieve them, including production tools, technical assistance,
credit, insurance and other financial services. They also have the right to engage freely,
individually and/or collectively, in association with others or as a community, in traditional ways of farming, fishing, livestock rearing and forestry and to develop community-based commercialization systems.
2. States shall take appropriate measures to favour the access of peasants and other people working in rural areas to the means of transportation, and processing, drying
and storage facilities necessary for selling their products on local, national and regional markets at prices that guarantee them a decent income and livelihood.
3. States shall take appropriate measures to strengthen and support local, national and regional markets in ways that facilitate, and ensure that peasants and other people working in rural areas have, full and equitable access and participation in these markets to sell their products at prices that allow them and their families to attain an adequate standard of living.
4. States shall take all appropriate measures to ensure that their rural development, agricultural, environmental, trade and investment policies and programmes contribute effectively to protecting and strengthening local livelihood options and to the transition to sustainable modes of agricultural production. States shall stimulate sustainable production, including agroecological and organic production, whenever possible, and facilitate direct farmer-to-consumer sales.
5. States shall take appropriate measures to strengthen the resilience of peasants and other people working in rural areas against natural disasters and other severe disruptions, such as market failures.
6. States shall take appropriate measures to ensure fair wages and equal remuneration for work of equal value, without distinction of any kind.
|
Transfers and other changes to tenure rights and duties
12. Investments |
12.2
Considering that smallholder producers and their organizations in developing countries provide a major share of agricultural investments that contribute significantly to food security, nutrition, poverty eradication and environmental resilience, States should support investments by smallholders as well as public and private smallholder-sensitive investments
|
Right to an adequate standard of living |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
16
1. Peasants and other people working in rural areas have the right to an adequate
standard of living for themselves and their families, and to facilitated access to the means of
production necessary to achieve them, including production tools, technical assistance,
credit, insurance and other financial services. They also have the right to engage freely,
individually and/or collectively, in association with others or as a community, in traditional ways of farming, fishing, livestock rearing and forestry and to develop community-based commercialization systems.
2. States shall take appropriate measures to favour the access of peasants and other people working in rural areas to the means of transportation, and processing, drying
and storage facilities necessary for selling their products on local, national and regional markets at prices that guarantee them a decent income and livelihood.
3. States shall take appropriate measures to strengthen and support local, national and regional markets in ways that facilitate, and ensure that peasants and other people working in rural areas have, full and equitable access and participation in these markets to sell their products at prices that allow them and their families to attain an adequate standard of living.
4. States shall take all appropriate measures to ensure that their rural development, agricultural, environmental, trade and investment policies and programmes contribute effectively to protecting and strengthening local livelihood options and to the transition to sustainable modes of agricultural production. States shall stimulate sustainable production, including agroecological and organic production, whenever possible, and facilitate direct farmer-to-consumer sales.
5. States shall take appropriate measures to strengthen the resilience of peasants and other people working in rural areas against natural disasters and other severe disruptions, such as market failures.
6. States shall take appropriate measures to ensure fair wages and equal remuneration for work of equal value, without distinction of any kind.
|
Transfers and other changes to tenure rights and duties
13. Land consolidation and other readjustment approaches |
13.5
States should establish strategies for readjustment approaches that fit particular local requirements. Such strategies should be socially, economically and environmentally sustainable, and gender sensitive.
Strategies should identify the principles and objectives of the readjustment approaches; the beneficiaries; and the development of capacity and knowledge in the public sector, the private sector, organizations of
farmers and small-scale producers, of fishers, and of forest users, and academia. Laws should establish clear and cost-effective procedures for the reorganization of parcels or holdings and their uses
|
Right to an adequate standard of living |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
16
1. Peasants and other people working in rural areas have the right to an adequate
standard of living for themselves and their families, and to facilitated access to the means of
production necessary to achieve them, including production tools, technical assistance,
credit, insurance and other financial services. They also have the right to engage freely,
individually and/or collectively, in association with others or as a community, in traditional ways of farming, fishing, livestock rearing and forestry and to develop community-based commercialization systems.
2. States shall take appropriate measures to favour the access of peasants and other people working in rural areas to the means of transportation, and processing, drying
and storage facilities necessary for selling their products on local, national and regional markets at prices that guarantee them a decent income and livelihood.
3. States shall take appropriate measures to strengthen and support local, national and regional markets in ways that facilitate, and ensure that peasants and other people working in rural areas have, full and equitable access and participation in these markets to sell their products at prices that allow them and their families to attain an adequate standard of living.
4. States shall take all appropriate measures to ensure that their rural development, agricultural, environmental, trade and investment policies and programmes contribute effectively to protecting and strengthening local livelihood options and to the transition to sustainable modes of agricultural production. States shall stimulate sustainable production, including agroecological and organic production, whenever possible, and facilitate direct farmer-to-consumer sales.
5. States shall take appropriate measures to strengthen the resilience of peasants and other people working in rural areas against natural disasters and other severe disruptions, such as market failures.
6. States shall take appropriate measures to ensure fair wages and equal remuneration for work of equal value, without distinction of any kind.
|
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 an adequate standard of living |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
16
1. Peasants and other people working in rural areas have the right to an adequate
standard of living for themselves and their families, and to facilitated access to the means of
production necessary to achieve them, including production tools, technical assistance,
credit, insurance and other financial services. They also have the right to engage freely,
individually and/or collectively, in association with others or as a community, in traditional ways of farming, fishing, livestock rearing and forestry and to develop community-based commercialization systems.
2. States shall take appropriate measures to favour the access of peasants and other people working in rural areas to the means of transportation, and processing, drying
and storage facilities necessary for selling their products on local, national and regional markets at prices that guarantee them a decent income and livelihood.
3. States shall take appropriate measures to strengthen and support local, national and regional markets in ways that facilitate, and ensure that peasants and other people working in rural areas have, full and equitable access and participation in these markets to sell their products at prices that allow them and their families to attain an adequate standard of living.
4. States shall take all appropriate measures to ensure that their rural development, agricultural, environmental, trade and investment policies and programmes contribute effectively to protecting and strengthening local livelihood options and to the transition to sustainable modes of agricultural production. States shall stimulate sustainable production, including agroecological and organic production, whenever possible, and facilitate direct farmer-to-consumer sales.
5. States shall take appropriate measures to strengthen the resilience of peasants and other people working in rural areas against natural disasters and other severe disruptions, such as market failures.
6. States shall take appropriate measures to ensure fair wages and equal remuneration for work of equal value, without distinction of any kind.
|
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 an adequate standard of living |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
16
1. Peasants and other people working in rural areas have the right to an adequate
standard of living for themselves and their families, and to facilitated access to the means of
production necessary to achieve them, including production tools, technical assistance,
credit, insurance and other financial services. They also have the right to engage freely,
individually and/or collectively, in association with others or as a community, in traditional ways of farming, fishing, livestock rearing and forestry and to develop community-based commercialization systems.
2. States shall take appropriate measures to favour the access of peasants and other people working in rural areas to the means of transportation, and processing, drying
and storage facilities necessary for selling their products on local, national and regional markets at prices that guarantee them a decent income and livelihood.
3. States shall take appropriate measures to strengthen and support local, national and regional markets in ways that facilitate, and ensure that peasants and other people working in rural areas have, full and equitable access and participation in these markets to sell their products at prices that allow them and their families to attain an adequate standard of living.
4. States shall take all appropriate measures to ensure that their rural development, agricultural, environmental, trade and investment policies and programmes contribute effectively to protecting and strengthening local livelihood options and to the transition to sustainable modes of agricultural production. States shall stimulate sustainable production, including agroecological and organic production, whenever possible, and facilitate direct farmer-to-consumer sales.
5. States shall take appropriate measures to strengthen the resilience of peasants and other people working in rural areas against natural disasters and other severe disruptions, such as market failures.
6. States shall take appropriate measures to ensure fair wages and equal remuneration for work of equal value, without distinction of any kind.
|
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 an adequate standard of living |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
16
1. Peasants and other people working in rural areas have the right to an adequate
standard of living for themselves and their families, and to facilitated access to the means of
production necessary to achieve them, including production tools, technical assistance,
credit, insurance and other financial services. They also have the right to engage freely,
individually and/or collectively, in association with others or as a community, in traditional ways of farming, fishing, livestock rearing and forestry and to develop community-based commercialization systems.
2. States shall take appropriate measures to favour the access of peasants and other people working in rural areas to the means of transportation, and processing, drying
and storage facilities necessary for selling their products on local, national and regional markets at prices that guarantee them a decent income and livelihood.
3. States shall take appropriate measures to strengthen and support local, national and regional markets in ways that facilitate, and ensure that peasants and other people working in rural areas have, full and equitable access and participation in these markets to sell their products at prices that allow them and their families to attain an adequate standard of living.
4. States shall take all appropriate measures to ensure that their rural development, agricultural, environmental, trade and investment policies and programmes contribute effectively to protecting and strengthening local livelihood options and to the transition to sustainable modes of agricultural production. States shall stimulate sustainable production, including agroecological and organic production, whenever possible, and facilitate direct farmer-to-consumer sales.
5. States shall take appropriate measures to strengthen the resilience of peasants and other people working in rural areas against natural disasters and other severe disruptions, such as market failures.
6. States shall take appropriate measures to ensure fair wages and equal remuneration for work of equal value, without distinction of any kind.
|
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 an adequate standard of living |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
16
1. Peasants and other people working in rural areas have the right to an adequate
standard of living for themselves and their families, and to facilitated access to the means of
production necessary to achieve them, including production tools, technical assistance,
credit, insurance and other financial services. They also have the right to engage freely,
individually and/or collectively, in association with others or as a community, in traditional ways of farming, fishing, livestock rearing and forestry and to develop community-based commercialization systems.
2. States shall take appropriate measures to favour the access of peasants and other people working in rural areas to the means of transportation, and processing, drying
and storage facilities necessary for selling their products on local, national and regional markets at prices that guarantee them a decent income and livelihood.
3. States shall take appropriate measures to strengthen and support local, national and regional markets in ways that facilitate, and ensure that peasants and other people working in rural areas have, full and equitable access and participation in these markets to sell their products at prices that allow them and their families to attain an adequate standard of living.
4. States shall take all appropriate measures to ensure that their rural development, agricultural, environmental, trade and investment policies and programmes contribute effectively to protecting and strengthening local livelihood options and to the transition to sustainable modes of agricultural production. States shall stimulate sustainable production, including agroecological and organic production, whenever possible, and facilitate direct farmer-to-consumer sales.
5. States shall take appropriate measures to strengthen the resilience of peasants and other people working in rural areas against natural disasters and other severe disruptions, such as market failures.
6. States shall take appropriate measures to ensure fair wages and equal remuneration for work of equal value, without distinction of any kind.
|
Administration of tenure
20. Regulated spatial planning |
20.5
Spatial planning should take duly into account the need to promote diversified sustainable management of land, fisheries and forests, including agro-ecological approaches and sustainable intensification, and
to meet the challenges of climate change and food security.
|
Right to an adequate standard of living |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
16
1. Peasants and other people working in rural areas have the right to an adequate
standard of living for themselves and their families, and to facilitated access to the means of
production necessary to achieve them, including production tools, technical assistance,
credit, insurance and other financial services. They also have the right to engage freely,
individually and/or collectively, in association with others or as a community, in traditional ways of farming, fishing, livestock rearing and forestry and to develop community-based commercialization systems.
2. States shall take appropriate measures to favour the access of peasants and other people working in rural areas to the means of transportation, and processing, drying
and storage facilities necessary for selling their products on local, national and regional markets at prices that guarantee them a decent income and livelihood.
3. States shall take appropriate measures to strengthen and support local, national and regional markets in ways that facilitate, and ensure that peasants and other people working in rural areas have, full and equitable access and participation in these markets to sell their products at prices that allow them and their families to attain an adequate standard of living.
4. States shall take all appropriate measures to ensure that their rural development, agricultural, environmental, trade and investment policies and programmes contribute effectively to protecting and strengthening local livelihood options and to the transition to sustainable modes of agricultural production. States shall stimulate sustainable production, including agroecological and organic production, whenever possible, and facilitate direct farmer-to-consumer sales.
5. States shall take appropriate measures to strengthen the resilience of peasants and other people working in rural areas against natural disasters and other severe disruptions, such as market failures.
6. States shall take appropriate measures to ensure fair wages and equal remuneration for work of equal value, without distinction of any kind.
|
Administration of tenure
22. Transboundary matters |
22.2
States and other parties should contribute to the understanding of transboundary tenure issues affecting communities, such as with rangelands or seasonal migration routes of pastoralists, and fishing
grounds of small-scale fishers, which lie across international boundaries.
|
Right to an adequate standard of living |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
16
1. Peasants and other people working in rural areas have the right to an adequate
standard of living for themselves and their families, and to facilitated access to the means of
production necessary to achieve them, including production tools, technical assistance,
credit, insurance and other financial services. They also have the right to engage freely,
individually and/or collectively, in association with others or as a community, in traditional ways of farming, fishing, livestock rearing and forestry and to develop community-based commercialization systems.
2. States shall take appropriate measures to favour the access of peasants and other people working in rural areas to the means of transportation, and processing, drying
and storage facilities necessary for selling their products on local, national and regional markets at prices that guarantee them a decent income and livelihood.
3. States shall take appropriate measures to strengthen and support local, national and regional markets in ways that facilitate, and ensure that peasants and other people working in rural areas have, full and equitable access and participation in these markets to sell their products at prices that allow them and their families to attain an adequate standard of living.
4. States shall take all appropriate measures to ensure that their rural development, agricultural, environmental, trade and investment policies and programmes contribute effectively to protecting and strengthening local livelihood options and to the transition to sustainable modes of agricultural production. States shall stimulate sustainable production, including agroecological and organic production, whenever possible, and facilitate direct farmer-to-consumer sales.
5. States shall take appropriate measures to strengthen the resilience of peasants and other people working in rural areas against natural disasters and other severe disruptions, such as market failures.
6. States shall take appropriate measures to ensure fair wages and equal remuneration for work of equal value, without distinction of any kind.
|
Responses to climate change and emergencies
23. Climate change |
23.2
Where appropriate, States should strive to prepare and implement strategies and actions in consultation and with the participation of all people, women and men, who may be displaced due to climate change.
Any provision of alternative land, fisheries, forests and livelihoods for displaced persons should not jeopardize the livelihoods of others. States may also consider offering special assistance to small island and other
developing states
|
Right to an adequate standard of living |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
16
1. Peasants and other people working in rural areas have the right to an adequate
standard of living for themselves and their families, and to facilitated access to the means of
production necessary to achieve them, including production tools, technical assistance,
credit, insurance and other financial services. They also have the right to engage freely,
individually and/or collectively, in association with others or as a community, in traditional ways of farming, fishing, livestock rearing and forestry and to develop community-based commercialization systems.
2. States shall take appropriate measures to favour the access of peasants and other people working in rural areas to the means of transportation, and processing, drying
and storage facilities necessary for selling their products on local, national and regional markets at prices that guarantee them a decent income and livelihood.
3. States shall take appropriate measures to strengthen and support local, national and regional markets in ways that facilitate, and ensure that peasants and other people working in rural areas have, full and equitable access and participation in these markets to sell their products at prices that allow them and their families to attain an adequate standard of living.
4. States shall take all appropriate measures to ensure that their rural development, agricultural, environmental, trade and investment policies and programmes contribute effectively to protecting and strengthening local livelihood options and to the transition to sustainable modes of agricultural production. States shall stimulate sustainable production, including agroecological and organic production, whenever possible, and facilitate direct farmer-to-consumer sales.
5. States shall take appropriate measures to strengthen the resilience of peasants and other people working in rural areas against natural disasters and other severe disruptions, such as market failures.
6. States shall take appropriate measures to ensure fair wages and equal remuneration for work of equal value, without distinction of any kind.
|
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 an adequate standard of living |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
16
1. Peasants and other people working in rural areas have the right to an adequate
standard of living for themselves and their families, and to facilitated access to the means of
production necessary to achieve them, including production tools, technical assistance,
credit, insurance and other financial services. They also have the right to engage freely,
individually and/or collectively, in association with others or as a community, in traditional ways of farming, fishing, livestock rearing and forestry and to develop community-based commercialization systems.
2. States shall take appropriate measures to favour the access of peasants and other people working in rural areas to the means of transportation, and processing, drying
and storage facilities necessary for selling their products on local, national and regional markets at prices that guarantee them a decent income and livelihood.
3. States shall take appropriate measures to strengthen and support local, national and regional markets in ways that facilitate, and ensure that peasants and other people working in rural areas have, full and equitable access and participation in these markets to sell their products at prices that allow them and their families to attain an adequate standard of living.
4. States shall take all appropriate measures to ensure that their rural development, agricultural, environmental, trade and investment policies and programmes contribute effectively to protecting and strengthening local livelihood options and to the transition to sustainable modes of agricultural production. States shall stimulate sustainable production, including agroecological and organic production, whenever possible, and facilitate direct farmer-to-consumer sales.
5. States shall take appropriate measures to strengthen the resilience of peasants and other people working in rural areas against natural disasters and other severe disruptions, such as market failures.
6. States shall take appropriate measures to ensure fair wages and equal remuneration for work of equal value, without distinction of any kind.
|
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 an adequate standard of living |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
16
1. Peasants and other people working in rural areas have the right to an adequate
standard of living for themselves and their families, and to facilitated access to the means of
production necessary to achieve them, including production tools, technical assistance,
credit, insurance and other financial services. They also have the right to engage freely,
individually and/or collectively, in association with others or as a community, in traditional ways of farming, fishing, livestock rearing and forestry and to develop community-based commercialization systems.
2. States shall take appropriate measures to favour the access of peasants and other people working in rural areas to the means of transportation, and processing, drying
and storage facilities necessary for selling their products on local, national and regional markets at prices that guarantee them a decent income and livelihood.
3. States shall take appropriate measures to strengthen and support local, national and regional markets in ways that facilitate, and ensure that peasants and other people working in rural areas have, full and equitable access and participation in these markets to sell their products at prices that allow them and their families to attain an adequate standard of living.
4. States shall take all appropriate measures to ensure that their rural development, agricultural, environmental, trade and investment policies and programmes contribute effectively to protecting and strengthening local livelihood options and to the transition to sustainable modes of agricultural production. States shall stimulate sustainable production, including agroecological and organic production, whenever possible, and facilitate direct farmer-to-consumer sales.
5. States shall take appropriate measures to strengthen the resilience of peasants and other people working in rural areas against natural disasters and other severe disruptions, such as market failures.
6. States shall take appropriate measures to ensure fair wages and equal remuneration for work of equal value, without distinction of any kind.
|
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 an adequate standard of living |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
16
1. Peasants and other people working in rural areas have the right to an adequate
standard of living for themselves and their families, and to facilitated access to the means of
production necessary to achieve them, including production tools, technical assistance,
credit, insurance and other financial services. They also have the right to engage freely,
individually and/or collectively, in association with others or as a community, in traditional ways of farming, fishing, livestock rearing and forestry and to develop community-based commercialization systems.
2. States shall take appropriate measures to favour the access of peasants and other people working in rural areas to the means of transportation, and processing, drying
and storage facilities necessary for selling their products on local, national and regional markets at prices that guarantee them a decent income and livelihood.
3. States shall take appropriate measures to strengthen and support local, national and regional markets in ways that facilitate, and ensure that peasants and other people working in rural areas have, full and equitable access and participation in these markets to sell their products at prices that allow them and their families to attain an adequate standard of living.
4. States shall take all appropriate measures to ensure that their rural development, agricultural, environmental, trade and investment policies and programmes contribute effectively to protecting and strengthening local livelihood options and to the transition to sustainable modes of agricultural production. States shall stimulate sustainable production, including agroecological and organic production, whenever possible, and facilitate direct farmer-to-consumer sales.
5. States shall take appropriate measures to strengthen the resilience of peasants and other people working in rural areas against natural disasters and other severe disruptions, such as market failures.
6. States shall take appropriate measures to ensure fair wages and equal remuneration for work of equal value, without distinction of any kind.
|
Responses to climate change and emergencies
25. Conflicts in respect to tenure of land, fisheries and forests |
25.6
Where restitution is not possible, the provision of secure access to alternative land, fisheries and forests and livelihoods for refugees and displaced persons should be negotiated with host communities and other
relevant parties to ensure that the resettlement does not jeopardize the livelihoods of others. Special procedures should, where possible, provide the vulnerable, including widows and orphans, with secure access to land,
fisheries and forests
|
Right to an adequate standard of living |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
16
1. Peasants and other people working in rural areas have the right to an adequate
standard of living for themselves and their families, and to facilitated access to the means of
production necessary to achieve them, including production tools, technical assistance,
credit, insurance and other financial services. They also have the right to engage freely,
individually and/or collectively, in association with others or as a community, in traditional ways of farming, fishing, livestock rearing and forestry and to develop community-based commercialization systems.
2. States shall take appropriate measures to favour the access of peasants and other people working in rural areas to the means of transportation, and processing, drying
and storage facilities necessary for selling their products on local, national and regional markets at prices that guarantee them a decent income and livelihood.
3. States shall take appropriate measures to strengthen and support local, national and regional markets in ways that facilitate, and ensure that peasants and other people working in rural areas have, full and equitable access and participation in these markets to sell their products at prices that allow them and their families to attain an adequate standard of living.
4. States shall take all appropriate measures to ensure that their rural development, agricultural, environmental, trade and investment policies and programmes contribute effectively to protecting and strengthening local livelihood options and to the transition to sustainable modes of agricultural production. States shall stimulate sustainable production, including agroecological and organic production, whenever possible, and facilitate direct farmer-to-consumer sales.
5. States shall take appropriate measures to strengthen the resilience of peasants and other people working in rural areas against natural disasters and other severe disruptions, such as market failures.
6. States shall take appropriate measures to ensure fair wages and equal remuneration for work of equal value, without distinction of any kind.
|
Responses to climate change and emergencies
25. Conflicts in respect to tenure of land, fisheries and forests |
25.6
Where restitution is not possible, the provision of secure access to alternative land, fisheries and forests and livelihoods for refugees and displaced persons should be negotiated with host communities and other
relevant parties to ensure that the resettlement does not jeopardize the livelihoods of others. Special procedures should, where possible, provide the vulnerable, including widows and orphans, with secure access to land,
fisheries and forests
|
Right to an adequate standard of living |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
21
1. Indigenous peoples have the right, without discrimination, to the improvement of their economic and social conditions, including, inter alia, in the areas of education, employment, vocational training and retraining, housing, sanitation, health and social security. 2. States shall take effective measures and, where appropriate, special
measures to ensure continuing improvement of their economic and social conditions. Particular attention shall be paid to the rights and special needs of indigenous elders, women, youth, children and persons with disabilities.
|
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 an adequate standard of living |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
21
1. Indigenous peoples have the right, without discrimination, to the improvement of their economic and social conditions, including, inter alia, in the areas of education, employment, vocational training and retraining, housing, sanitation, health and social security. 2. States shall take effective measures and, where appropriate, special
measures to ensure continuing improvement of their economic and social conditions. Particular attention shall be paid to the rights and special needs of indigenous elders, women, youth, children and persons with disabilities.
|
General matters
5. Policy, legal and organizational frameworks related to tenure |
5.9
States should recognize that policies and laws on tenure rights operate in the broader political, legal, social, cultural, religious, economic and environmental contexts. Where the broader contexts change, and where reforms to tenure are therefore required, States should seek to develop national consensus on proposed reforms.
|
Right to an adequate standard of living |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
21
1. Indigenous peoples have the right, without discrimination, to the improvement of their economic and social conditions, including, inter alia, in the areas of education, employment, vocational training and retraining, housing, sanitation, health and social security. 2. States shall take effective measures and, where appropriate, special
measures to ensure continuing improvement of their economic and social conditions. Particular attention shall be paid to the rights and special needs of indigenous elders, women, youth, children and persons with disabilities.
|
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 an adequate standard of living |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
21
1. Indigenous peoples have the right, without discrimination, to the improvement of their economic and social conditions, including, inter alia, in the areas of education, employment, vocational training and retraining, housing, sanitation, health and social security. 2. States shall take effective measures and, where appropriate, special
measures to ensure continuing improvement of their economic and social conditions. Particular attention shall be paid to the rights and special needs of indigenous elders, women, youth, children and persons with disabilities.
|
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 an adequate standard of living |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
21
1. Indigenous peoples have the right, without discrimination, to the improvement of their economic and social conditions, including, inter alia, in the areas of education, employment, vocational training and retraining, housing, sanitation, health and social security. 2. States shall take effective measures and, where appropriate, special
measures to ensure continuing improvement of their economic and social conditions. Particular attention shall be paid to the rights and special needs of indigenous elders, women, youth, children and persons with disabilities.
|
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 an adequate standard of living |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
21
1. Indigenous peoples have the right, without discrimination, to the improvement of their economic and social conditions, including, inter alia, in the areas of education, employment, vocational training and retraining, housing, sanitation, health and social security. 2. States shall take effective measures and, where appropriate, special
measures to ensure continuing improvement of their economic and social conditions. Particular attention shall be paid to the rights and special needs of indigenous elders, women, youth, children and persons with disabilities.
|
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 an adequate standard of living |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
21
1. Indigenous peoples have the right, without discrimination, to the improvement of their economic and social conditions, including, inter alia, in the areas of education, employment, vocational training and retraining, housing, sanitation, health and social security. 2. States shall take effective measures and, where appropriate, special
measures to ensure continuing improvement of their economic and social conditions. Particular attention shall be paid to the rights and special needs of indigenous elders, women, youth, children and persons with disabilities.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.11
States should monitor the outcome of allocation programmes, including the gender-differentiated impacts on food security and poverty eradication as well as their impacts on social, economic and environmental objectives, and introduce corrective measures as required.
|
Right to an adequate standard of living |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
21
1. Indigenous peoples have the right, without discrimination, to the improvement of their economic and social conditions, including, inter alia, in the areas of education, employment, vocational training and retraining, housing, sanitation, health and social security. 2. States shall take effective measures and, where appropriate, special
measures to ensure continuing improvement of their economic and social conditions. Particular attention shall be paid to the rights and special needs of indigenous elders, women, youth, children and persons with disabilities.
|
Legal recognition and allocation of tenure rights and duties
9. Indigenous peoples and other communities with customary tenure systems |
9.1
State and non-state actors should acknowledge that land, fisheries and forests have social, cultural, spiritual, economic, environmental and political value to indigenous peoples and other communities with customary tenure systems.
|
Right to an adequate standard of living |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
21
1. Indigenous peoples have the right, without discrimination, to the improvement of their economic and social conditions, including, inter alia, in the areas of education, employment, vocational training and retraining, housing, sanitation, health and social security. 2. States shall take effective measures and, where appropriate, special
measures to ensure continuing improvement of their economic and social conditions. Particular attention shall be paid to the rights and special needs of indigenous elders, women, youth, children and persons with disabilities.
|
Transfers and other changes to tenure rights and duties
12. Investments |
12.2
Considering that smallholder producers and their organizations in developing countries provide a major share of agricultural investments that contribute significantly to food security, nutrition, poverty eradication and environmental resilience, States should support investments by smallholders as well as public and private smallholder-sensitive investments
|
Right to an adequate standard of living |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
21
1. Indigenous peoples have the right, without discrimination, to the improvement of their economic and social conditions, including, inter alia, in the areas of education, employment, vocational training and retraining, housing, sanitation, health and social security. 2. States shall take effective measures and, where appropriate, special
measures to ensure continuing improvement of their economic and social conditions. Particular attention shall be paid to the rights and special needs of indigenous elders, women, youth, children and persons with disabilities.
|
Transfers and other changes to tenure rights and duties
13. Land consolidation and other readjustment approaches |
13.5
States should establish strategies for readjustment approaches that fit particular local requirements. Such strategies should be socially, economically and environmentally sustainable, and gender sensitive.
Strategies should identify the principles and objectives of the readjustment approaches; the beneficiaries; and the development of capacity and knowledge in the public sector, the private sector, organizations of
farmers and small-scale producers, of fishers, and of forest users, and academia. Laws should establish clear and cost-effective procedures for the reorganization of parcels or holdings and their uses
|
Right to an adequate standard of living |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
21
1. Indigenous peoples have the right, without discrimination, to the improvement of their economic and social conditions, including, inter alia, in the areas of education, employment, vocational training and retraining, housing, sanitation, health and social security. 2. States shall take effective measures and, where appropriate, special
measures to ensure continuing improvement of their economic and social conditions. Particular attention shall be paid to the rights and special needs of indigenous elders, women, youth, children and persons with disabilities.
|
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 an adequate standard of living |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
21
1. Indigenous peoples have the right, without discrimination, to the improvement of their economic and social conditions, including, inter alia, in the areas of education, employment, vocational training and retraining, housing, sanitation, health and social security. 2. States shall take effective measures and, where appropriate, special
measures to ensure continuing improvement of their economic and social conditions. Particular attention shall be paid to the rights and special needs of indigenous elders, women, youth, children and persons with disabilities.
|
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 an adequate standard of living |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
21
1. Indigenous peoples have the right, without discrimination, to the improvement of their economic and social conditions, including, inter alia, in the areas of education, employment, vocational training and retraining, housing, sanitation, health and social security. 2. States shall take effective measures and, where appropriate, special
measures to ensure continuing improvement of their economic and social conditions. Particular attention shall be paid to the rights and special needs of indigenous elders, women, youth, children and persons with disabilities.
|
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 an adequate standard of living |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
21
1. Indigenous peoples have the right, without discrimination, to the improvement of their economic and social conditions, including, inter alia, in the areas of education, employment, vocational training and retraining, housing, sanitation, health and social security. 2. States shall take effective measures and, where appropriate, special
measures to ensure continuing improvement of their economic and social conditions. Particular attention shall be paid to the rights and special needs of indigenous elders, women, youth, children and persons with disabilities.
|
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 an adequate standard of living |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
21
1. Indigenous peoples have the right, without discrimination, to the improvement of their economic and social conditions, including, inter alia, in the areas of education, employment, vocational training and retraining, housing, sanitation, health and social security. 2. States shall take effective measures and, where appropriate, special
measures to ensure continuing improvement of their economic and social conditions. Particular attention shall be paid to the rights and special needs of indigenous elders, women, youth, children and persons with disabilities.
|
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 an adequate standard of living |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
21
1. Indigenous peoples have the right, without discrimination, to the improvement of their economic and social conditions, including, inter alia, in the areas of education, employment, vocational training and retraining, housing, sanitation, health and social security. 2. States shall take effective measures and, where appropriate, special
measures to ensure continuing improvement of their economic and social conditions. Particular attention shall be paid to the rights and special needs of indigenous elders, women, youth, children and persons with disabilities.
|
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 an adequate standard of living |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
21
1. Indigenous peoples have the right, without discrimination, to the improvement of their economic and social conditions, including, inter alia, in the areas of education, employment, vocational training and retraining, housing, sanitation, health and social security. 2. States shall take effective measures and, where appropriate, special
measures to ensure continuing improvement of their economic and social conditions. Particular attention shall be paid to the rights and special needs of indigenous elders, women, youth, children and persons with disabilities.
|
Administration of tenure
20. Regulated spatial planning |
20.5
Spatial planning should take duly into account the need to promote diversified sustainable management of land, fisheries and forests, including agro-ecological approaches and sustainable intensification, and
to meet the challenges of climate change and food security.
|
Right to an adequate standard of living |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
21
1. Indigenous peoples have the right, without discrimination, to the improvement of their economic and social conditions, including, inter alia, in the areas of education, employment, vocational training and retraining, housing, sanitation, health and social security. 2. States shall take effective measures and, where appropriate, special
measures to ensure continuing improvement of their economic and social conditions. Particular attention shall be paid to the rights and special needs of indigenous elders, women, youth, children and persons with disabilities.
|
Administration of tenure
22. Transboundary matters |
22.2
States and other parties should contribute to the understanding of transboundary tenure issues affecting communities, such as with rangelands or seasonal migration routes of pastoralists, and fishing
grounds of small-scale fishers, which lie across international boundaries.
|
Right to an adequate standard of living |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
21
1. Indigenous peoples have the right, without discrimination, to the improvement of their economic and social conditions, including, inter alia, in the areas of education, employment, vocational training and retraining, housing, sanitation, health and social security. 2. States shall take effective measures and, where appropriate, special
measures to ensure continuing improvement of their economic and social conditions. Particular attention shall be paid to the rights and special needs of indigenous elders, women, youth, children and persons with disabilities.
|
Responses to climate change and emergencies
23. Climate change |
23.2
Where appropriate, States should strive to prepare and implement strategies and actions in consultation and with the participation of all people, women and men, who may be displaced due to climate change.
Any provision of alternative land, fisheries, forests and livelihoods for displaced persons should not jeopardize the livelihoods of others. States may also consider offering special assistance to small island and other
developing states
|
Right to an adequate standard of living |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
21
1. Indigenous peoples have the right, without discrimination, to the improvement of their economic and social conditions, including, inter alia, in the areas of education, employment, vocational training and retraining, housing, sanitation, health and social security. 2. States shall take effective measures and, where appropriate, special
measures to ensure continuing improvement of their economic and social conditions. Particular attention shall be paid to the rights and special needs of indigenous elders, women, youth, children and persons with disabilities.
|
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 an adequate standard of living |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
21
1. Indigenous peoples have the right, without discrimination, to the improvement of their economic and social conditions, including, inter alia, in the areas of education, employment, vocational training and retraining, housing, sanitation, health and social security. 2. States shall take effective measures and, where appropriate, special
measures to ensure continuing improvement of their economic and social conditions. Particular attention shall be paid to the rights and special needs of indigenous elders, women, youth, children and persons with disabilities.
|
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 an adequate standard of living |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
21
1. Indigenous peoples have the right, without discrimination, to the improvement of their economic and social conditions, including, inter alia, in the areas of education, employment, vocational training and retraining, housing, sanitation, health and social security. 2. States shall take effective measures and, where appropriate, special
measures to ensure continuing improvement of their economic and social conditions. Particular attention shall be paid to the rights and special needs of indigenous elders, women, youth, children and persons with disabilities.
|
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 an adequate standard of living |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
21
1. Indigenous peoples have the right, without discrimination, to the improvement of their economic and social conditions, including, inter alia, in the areas of education, employment, vocational training and retraining, housing, sanitation, health and social security. 2. States shall take effective measures and, where appropriate, special
measures to ensure continuing improvement of their economic and social conditions. Particular attention shall be paid to the rights and special needs of indigenous elders, women, youth, children and persons with disabilities.
|
Responses to climate change and emergencies
25. Conflicts in respect to tenure of land, fisheries and forests |
25.6
Where restitution is not possible, the provision of secure access to alternative land, fisheries and forests and livelihoods for refugees and displaced persons should be negotiated with host communities and other
relevant parties to ensure that the resettlement does not jeopardize the livelihoods of others. Special procedures should, where possible, provide the vulnerable, including widows and orphans, with secure access to land,
fisheries and forests
|
Right to an adequate standard of living |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
21
1. Indigenous peoples have the right, without discrimination, to the improvement of their economic and social conditions, including, inter alia, in the areas of education, employment, vocational training and retraining, housing, sanitation, health and social security. 2. States shall take effective measures and, where appropriate, special
measures to ensure continuing improvement of their economic and social conditions. Particular attention shall be paid to the rights and special needs of indigenous elders, women, youth, children and persons with disabilities.
|
Responses to climate change and emergencies
25. Conflicts in respect to tenure of land, fisheries and forests |
25.6
Where restitution is not possible, the provision of secure access to alternative land, fisheries and forests and livelihoods for refugees and displaced persons should be negotiated with host communities and other
relevant parties to ensure that the resettlement does not jeopardize the livelihoods of others. Special procedures should, where possible, provide the vulnerable, including widows and orphans, with secure access to land,
fisheries and forests
|
Right to an adequate standard of living |
ESC
European Social Charter (revised) |
Part I, Article 30
Everyone has the right to protection against poverty and social exclusion.
|
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 an adequate standard of living |
ESC
European Social Charter (revised) |
Part I, Article 30
Everyone has the right to protection against poverty and social exclusion.
|
General matters
5. Policy, legal and organizational frameworks related to tenure |
5.9
States should recognize that policies and laws on tenure rights operate in the broader political, legal, social, cultural, religious, economic and environmental contexts. Where the broader contexts change, and where reforms to tenure are therefore required, States should seek to develop national consensus on proposed reforms.
|
Right to an adequate standard of living |
ESC
European Social Charter (revised) |
Part I, Article 30
Everyone has the right to protection against poverty and social exclusion.
|
General matters
5. Policy, legal and organizational frameworks related to tenure |
5.9
States should recognize that policies and laws on tenure rights operate in the broader political, legal, social, cultural, religious, economic and environmental contexts. Where the broader contexts change, and where reforms to tenure are therefore required, States should seek to develop national consensus on proposed reforms.
|
Right to an adequate standard of living |
ESC
European Social Charter (revised) |
Part I, Article 30
Everyone has the right to protection against poverty and social exclusion.
|
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 an adequate standard of living |
ESC
European Social Charter (revised) |
Part I, Article 30
Everyone has the right to protection against poverty and social exclusion.
|
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 an adequate standard of living |
ESC
European Social Charter (revised) |
Part I, Article 30
Everyone has the right to protection against poverty and social exclusion.
|
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 an adequate standard of living |
ESC
European Social Charter (revised) |
Part I, Article 30
Everyone has the right to protection against poverty and social exclusion.
|
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 an adequate standard of living |
ESC
European Social Charter (revised) |
Part I, Article 30
Everyone has the right to protection against poverty and social exclusion.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.11
States should monitor the outcome of allocation programmes, including the gender-differentiated impacts on food security and poverty eradication as well as their impacts on social, economic and environmental objectives, and introduce corrective measures as required.
|
Right to an adequate standard of living |
ESC
European Social Charter (revised) |
Part I, Article 30
Everyone has the right to protection against poverty and social exclusion.
|
Legal recognition and allocation of tenure rights and duties
9. Indigenous peoples and other communities with customary tenure systems |
9.1
State and non-state actors should acknowledge that land, fisheries and forests have social, cultural, spiritual, economic, environmental and political value to indigenous peoples and other communities with customary tenure systems.
|
Right to an adequate standard of living |
ESC
European Social Charter (revised) |
Part I, Article 30
Everyone has the right to protection against poverty and social exclusion.
|
Transfers and other changes to tenure rights and duties
12. Investments |
12.2
Considering that smallholder producers and their organizations in developing countries provide a major share of agricultural investments that contribute significantly to food security, nutrition, poverty eradication and environmental resilience, States should support investments by smallholders as well as public and private smallholder-sensitive investments
|
Right to an adequate standard of living |
ESC
European Social Charter (revised) |
Part I, Article 30
Everyone has the right to protection against poverty and social exclusion.
|
Transfers and other changes to tenure rights and duties
13. Land consolidation and other readjustment approaches |
13.5
States should establish strategies for readjustment approaches that fit particular local requirements. Such strategies should be socially, economically and environmentally sustainable, and gender sensitive.
Strategies should identify the principles and objectives of the readjustment approaches; the beneficiaries; and the development of capacity and knowledge in the public sector, the private sector, organizations of
farmers and small-scale producers, of fishers, and of forest users, and academia. Laws should establish clear and cost-effective procedures for the reorganization of parcels or holdings and their uses
|
Right to an adequate standard of living |
ESC
European Social Charter (revised) |
Part I, Article 30
Everyone has the right to protection against poverty and social exclusion.
|
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 an adequate standard of living |
ESC
European Social Charter (revised) |
Part I, Article 30
Everyone has the right to protection against poverty and social exclusion.
|
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 an adequate standard of living |
ESC
European Social Charter (revised) |
Part I, Article 30
Everyone has the right to protection against poverty and social exclusion.
|
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 an adequate standard of living |
ESC
European Social Charter (revised) |
Part I, Article 30
Everyone has the right to protection against poverty and social exclusion.
|
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 an adequate standard of living |
ESC
European Social Charter (revised) |
Part I, Article 30
Everyone has the right to protection against poverty and social exclusion.
|
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 an adequate standard of living |
ESC
European Social Charter (revised) |
Part I, Article 30
Everyone has the right to protection against poverty and social exclusion.
|
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 an adequate standard of living |
ESC
European Social Charter (revised) |
Part I, Article 30
Everyone has the right to protection against poverty and social exclusion.
|
Administration of tenure
20. Regulated spatial planning |
20.5
Spatial planning should take duly into account the need to promote diversified sustainable management of land, fisheries and forests, including agro-ecological approaches and sustainable intensification, and
to meet the challenges of climate change and food security.
|
Right to an adequate standard of living |
ESC
European Social Charter (revised) |
Part I, Article 30
Everyone has the right to protection against poverty and social exclusion.
|
Administration of tenure
22. Transboundary matters |
22.2
States and other parties should contribute to the understanding of transboundary tenure issues affecting communities, such as with rangelands or seasonal migration routes of pastoralists, and fishing
grounds of small-scale fishers, which lie across international boundaries.
|
Right to an adequate standard of living |
ESC
European Social Charter (revised) |
Part I, Article 30
Everyone has the right to protection against poverty and social exclusion.
|
Responses to climate change and emergencies
23. Climate change |
23.2
Where appropriate, States should strive to prepare and implement strategies and actions in consultation and with the participation of all people, women and men, who may be displaced due to climate change.
Any provision of alternative land, fisheries, forests and livelihoods for displaced persons should not jeopardize the livelihoods of others. States may also consider offering special assistance to small island and other
developing states
|
Right to an adequate standard of living |
ESC
European Social Charter (revised) |
Part I, Article 30
Everyone has the right to protection against poverty and social exclusion.
|
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 an adequate standard of living |
ESC
European Social Charter (revised) |
Part I, Article 30
Everyone has the right to protection against poverty and social exclusion.
|
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 an adequate standard of living |
ESC
European Social Charter (revised) |
Part I, Article 30
Everyone has the right to protection against poverty and social exclusion.
|
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 an adequate standard of living |
ESC
European Social Charter (revised) |
Part I, Article 30
Everyone has the right to protection against poverty and social exclusion.
|
Responses to climate change and emergencies
25. Conflicts in respect to tenure of land, fisheries and forests |
25.6
Where restitution is not possible, the provision of secure access to alternative land, fisheries and forests and livelihoods for refugees and displaced persons should be negotiated with host communities and other
relevant parties to ensure that the resettlement does not jeopardize the livelihoods of others. Special procedures should, where possible, provide the vulnerable, including widows and orphans, with secure access to land,
fisheries and forests
|
Right to an adequate standard of living |
ESC
European Social Charter (revised) |
Part I, Article 30
Everyone has the right to protection against poverty and social exclusion.
|
Responses to climate change and emergencies
25. Conflicts in respect to tenure of land, fisheries and forests |
25.6
Where restitution is not possible, the provision of secure access to alternative land, fisheries and forests and livelihoods for refugees and displaced persons should be negotiated with host communities and other
relevant parties to ensure that the resettlement does not jeopardize the livelihoods of others. Special procedures should, where possible, provide the vulnerable, including widows and orphans, with secure access to land,
fisheries and forests
|
Right to an adequate standard of living |
ESC
European Social Charter (revised) |
Part II, Article 30
With a view to ensuring the effective exercise of the right to protection against poverty and social exclusion, the Parties undertake:
a. to take measures within the framework of an overall and co-ordinated approach to promote the effective access of persons who live or risk living in a situation
of social exclusion or poverty, as well as their families, to, in particular, employment, housing, training, education, culture and social and medical assistance;
b. to review these measures with a view to their adaptation if necessary.
|
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 an adequate standard of living |
ESC
European Social Charter (revised) |
Part II, Article 30
With a view to ensuring the effective exercise of the right to protection against poverty and social exclusion, the Parties undertake:
a. to take measures within the framework of an overall and co-ordinated approach to promote the effective access of persons who live or risk living in a situation
of social exclusion or poverty, as well as their families, to, in particular, employment, housing, training, education, culture and social and medical assistance;
b. to review these measures with a view to their adaptation if necessary.
|
General matters
5. Policy, legal and organizational frameworks related to tenure |
5.9
States should recognize that policies and laws on tenure rights operate in the broader political, legal, social, cultural, religious, economic and environmental contexts. Where the broader contexts change, and where reforms to tenure are therefore required, States should seek to develop national consensus on proposed reforms.
|
Right to an adequate standard of living |
ESC
European Social Charter (revised) |
Part II, Article 30
With a view to ensuring the effective exercise of the right to protection against poverty and social exclusion, the Parties undertake:
a. to take measures within the framework of an overall and co-ordinated approach to promote the effective access of persons who live or risk living in a situation
of social exclusion or poverty, as well as their families, to, in particular, employment, housing, training, education, culture and social and medical assistance;
b. to review these measures with a view to their adaptation if necessary.
|
General matters
5. Policy, legal and organizational frameworks related to tenure |
5.9
States should recognize that policies and laws on tenure rights operate in the broader political, legal, social, cultural, religious, economic and environmental contexts. Where the broader contexts change, and where reforms to tenure are therefore required, States should seek to develop national consensus on proposed reforms.
|
Right to an adequate standard of living |
ESC
European Social Charter (revised) |
Part II, Article 30
With a view to ensuring the effective exercise of the right to protection against poverty and social exclusion, the Parties undertake:
a. to take measures within the framework of an overall and co-ordinated approach to promote the effective access of persons who live or risk living in a situation
of social exclusion or poverty, as well as their families, to, in particular, employment, housing, training, education, culture and social and medical assistance;
b. to review these measures with a view to their adaptation if necessary.
|
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 an adequate standard of living |
ESC
European Social Charter (revised) |
Part II, Article 30
With a view to ensuring the effective exercise of the right to protection against poverty and social exclusion, the Parties undertake:
a. to take measures within the framework of an overall and co-ordinated approach to promote the effective access of persons who live or risk living in a situation
of social exclusion or poverty, as well as their families, to, in particular, employment, housing, training, education, culture and social and medical assistance;
b. to review these measures with a view to their adaptation if necessary.
|
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 an adequate standard of living |
ESC
European Social Charter (revised) |
Part II, Article 30
With a view to ensuring the effective exercise of the right to protection against poverty and social exclusion, the Parties undertake:
a. to take measures within the framework of an overall and co-ordinated approach to promote the effective access of persons who live or risk living in a situation
of social exclusion or poverty, as well as their families, to, in particular, employment, housing, training, education, culture and social and medical assistance;
b. to review these measures with a view to their adaptation if necessary.
|
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 an adequate standard of living |
ESC
European Social Charter (revised) |
Part II, Article 30
With a view to ensuring the effective exercise of the right to protection against poverty and social exclusion, the Parties undertake:
a. to take measures within the framework of an overall and co-ordinated approach to promote the effective access of persons who live or risk living in a situation
of social exclusion or poverty, as well as their families, to, in particular, employment, housing, training, education, culture and social and medical assistance;
b. to review these measures with a view to their adaptation if necessary.
|
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 an adequate standard of living |
ESC
European Social Charter (revised) |
Part II, Article 30
With a view to ensuring the effective exercise of the right to protection against poverty and social exclusion, the Parties undertake:
a. to take measures within the framework of an overall and co-ordinated approach to promote the effective access of persons who live or risk living in a situation
of social exclusion or poverty, as well as their families, to, in particular, employment, housing, training, education, culture and social and medical assistance;
b. to review these measures with a view to their adaptation if necessary.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.11
States should monitor the outcome of allocation programmes, including the gender-differentiated impacts on food security and poverty eradication as well as their impacts on social, economic and environmental objectives, and introduce corrective measures as required.
|
Right to an adequate standard of living |
ESC
European Social Charter (revised) |
Part II, Article 30
With a view to ensuring the effective exercise of the right to protection against poverty and social exclusion, the Parties undertake:
a. to take measures within the framework of an overall and co-ordinated approach to promote the effective access of persons who live or risk living in a situation
of social exclusion or poverty, as well as their families, to, in particular, employment, housing, training, education, culture and social and medical assistance;
b. to review these measures with a view to their adaptation if necessary.
|
Legal recognition and allocation of tenure rights and duties
9. Indigenous peoples and other communities with customary tenure systems |
9.1
State and non-state actors should acknowledge that land, fisheries and forests have social, cultural, spiritual, economic, environmental and political value to indigenous peoples and other communities with customary tenure systems.
|
Right to an adequate standard of living |
ESC
European Social Charter (revised) |
Part II, Article 30
With a view to ensuring the effective exercise of the right to protection against poverty and social exclusion, the Parties undertake:
a. to take measures within the framework of an overall and co-ordinated approach to promote the effective access of persons who live or risk living in a situation
of social exclusion or poverty, as well as their families, to, in particular, employment, housing, training, education, culture and social and medical assistance;
b. to review these measures with a view to their adaptation if necessary.
|
Transfers and other changes to tenure rights and duties
12. Investments |
12.2
Considering that smallholder producers and their organizations in developing countries provide a major share of agricultural investments that contribute significantly to food security, nutrition, poverty eradication and environmental resilience, States should support investments by smallholders as well as public and private smallholder-sensitive investments
|
Right to an adequate standard of living |
ESC
European Social Charter (revised) |
Part II, Article 30
With a view to ensuring the effective exercise of the right to protection against poverty and social exclusion, the Parties undertake:
a. to take measures within the framework of an overall and co-ordinated approach to promote the effective access of persons who live or risk living in a situation
of social exclusion or poverty, as well as their families, to, in particular, employment, housing, training, education, culture and social and medical assistance;
b. to review these measures with a view to their adaptation if necessary.
|
Transfers and other changes to tenure rights and duties
13. Land consolidation and other readjustment approaches |
13.5
States should establish strategies for readjustment approaches that fit particular local requirements. Such strategies should be socially, economically and environmentally sustainable, and gender sensitive.
Strategies should identify the principles and objectives of the readjustment approaches; the beneficiaries; and the development of capacity and knowledge in the public sector, the private sector, organizations of
farmers and small-scale producers, of fishers, and of forest users, and academia. Laws should establish clear and cost-effective procedures for the reorganization of parcels or holdings and their uses
|
Right to an adequate standard of living |
ESC
European Social Charter (revised) |
Part II, Article 30
With a view to ensuring the effective exercise of the right to protection against poverty and social exclusion, the Parties undertake:
a. to take measures within the framework of an overall and co-ordinated approach to promote the effective access of persons who live or risk living in a situation
of social exclusion or poverty, as well as their families, to, in particular, employment, housing, training, education, culture and social and medical assistance;
b. to review these measures with a view to their adaptation if necessary.
|
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 an adequate standard of living |
ESC
European Social Charter (revised) |
Part II, Article 30
With a view to ensuring the effective exercise of the right to protection against poverty and social exclusion, the Parties undertake:
a. to take measures within the framework of an overall and co-ordinated approach to promote the effective access of persons who live or risk living in a situation
of social exclusion or poverty, as well as their families, to, in particular, employment, housing, training, education, culture and social and medical assistance;
b. to review these measures with a view to their adaptation if necessary.
|
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 an adequate standard of living |
ESC
European Social Charter (revised) |
Part II, Article 30
With a view to ensuring the effective exercise of the right to protection against poverty and social exclusion, the Parties undertake:
a. to take measures within the framework of an overall and co-ordinated approach to promote the effective access of persons who live or risk living in a situation
of social exclusion or poverty, as well as their families, to, in particular, employment, housing, training, education, culture and social and medical assistance;
b. to review these measures with a view to their adaptation if necessary.
|
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 an adequate standard of living |
ESC
European Social Charter (revised) |
Part II, Article 30
With a view to ensuring the effective exercise of the right to protection against poverty and social exclusion, the Parties undertake:
a. to take measures within the framework of an overall and co-ordinated approach to promote the effective access of persons who live or risk living in a situation
of social exclusion or poverty, as well as their families, to, in particular, employment, housing, training, education, culture and social and medical assistance;
b. to review these measures with a view to their adaptation if necessary.
|
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 an adequate standard of living |
ESC
European Social Charter (revised) |
Part II, Article 30
With a view to ensuring the effective exercise of the right to protection against poverty and social exclusion, the Parties undertake:
a. to take measures within the framework of an overall and co-ordinated approach to promote the effective access of persons who live or risk living in a situation
of social exclusion or poverty, as well as their families, to, in particular, employment, housing, training, education, culture and social and medical assistance;
b. to review these measures with a view to their adaptation if necessary.
|
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 an adequate standard of living |
ESC
European Social Charter (revised) |
Part II, Article 30
With a view to ensuring the effective exercise of the right to protection against poverty and social exclusion, the Parties undertake:
a. to take measures within the framework of an overall and co-ordinated approach to promote the effective access of persons who live or risk living in a situation
of social exclusion or poverty, as well as their families, to, in particular, employment, housing, training, education, culture and social and medical assistance;
b. to review these measures with a view to their adaptation if necessary.
|
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 an adequate standard of living |
ESC
European Social Charter (revised) |
Part II, Article 30
With a view to ensuring the effective exercise of the right to protection against poverty and social exclusion, the Parties undertake:
a. to take measures within the framework of an overall and co-ordinated approach to promote the effective access of persons who live or risk living in a situation
of social exclusion or poverty, as well as their families, to, in particular, employment, housing, training, education, culture and social and medical assistance;
b. to review these measures with a view to their adaptation if necessary.
|
Administration of tenure
20. Regulated spatial planning |
20.5
Spatial planning should take duly into account the need to promote diversified sustainable management of land, fisheries and forests, including agro-ecological approaches and sustainable intensification, and
to meet the challenges of climate change and food security.
|
Right to an adequate standard of living |
ESC
European Social Charter (revised) |
Part II, Article 30
With a view to ensuring the effective exercise of the right to protection against poverty and social exclusion, the Parties undertake:
a. to take measures within the framework of an overall and co-ordinated approach to promote the effective access of persons who live or risk living in a situation
of social exclusion or poverty, as well as their families, to, in particular, employment, housing, training, education, culture and social and medical assistance;
b. to review these measures with a view to their adaptation if necessary.
|
Administration of tenure
22. Transboundary matters |
22.2
States and other parties should contribute to the understanding of transboundary tenure issues affecting communities, such as with rangelands or seasonal migration routes of pastoralists, and fishing
grounds of small-scale fishers, which lie across international boundaries.
|
Right to an adequate standard of living |
ESC
European Social Charter (revised) |
Part II, Article 30
With a view to ensuring the effective exercise of the right to protection against poverty and social exclusion, the Parties undertake:
a. to take measures within the framework of an overall and co-ordinated approach to promote the effective access of persons who live or risk living in a situation
of social exclusion or poverty, as well as their families, to, in particular, employment, housing, training, education, culture and social and medical assistance;
b. to review these measures with a view to their adaptation if necessary.
|
Responses to climate change and emergencies
23. Climate change |
23.2
Where appropriate, States should strive to prepare and implement strategies and actions in consultation and with the participation of all people, women and men, who may be displaced due to climate change.
Any provision of alternative land, fisheries, forests and livelihoods for displaced persons should not jeopardize the livelihoods of others. States may also consider offering special assistance to small island and other
developing states
|
Right to an adequate standard of living |
ESC
European Social Charter (revised) |
Part II, Article 30
With a view to ensuring the effective exercise of the right to protection against poverty and social exclusion, the Parties undertake:
a. to take measures within the framework of an overall and co-ordinated approach to promote the effective access of persons who live or risk living in a situation
of social exclusion or poverty, as well as their families, to, in particular, employment, housing, training, education, culture and social and medical assistance;
b. to review these measures with a view to their adaptation if necessary.
|
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 an adequate standard of living |
ESC
European Social Charter (revised) |
Part II, Article 30
With a view to ensuring the effective exercise of the right to protection against poverty and social exclusion, the Parties undertake:
a. to take measures within the framework of an overall and co-ordinated approach to promote the effective access of persons who live or risk living in a situation
of social exclusion or poverty, as well as their families, to, in particular, employment, housing, training, education, culture and social and medical assistance;
b. to review these measures with a view to their adaptation if necessary.
|
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 an adequate standard of living |
ESC
European Social Charter (revised) |
Part II, Article 30
With a view to ensuring the effective exercise of the right to protection against poverty and social exclusion, the Parties undertake:
a. to take measures within the framework of an overall and co-ordinated approach to promote the effective access of persons who live or risk living in a situation
of social exclusion or poverty, as well as their families, to, in particular, employment, housing, training, education, culture and social and medical assistance;
b. to review these measures with a view to their adaptation if necessary.
|
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 an adequate standard of living |
ESC
European Social Charter (revised) |
Part II, Article 30
With a view to ensuring the effective exercise of the right to protection against poverty and social exclusion, the Parties undertake:
a. to take measures within the framework of an overall and co-ordinated approach to promote the effective access of persons who live or risk living in a situation
of social exclusion or poverty, as well as their families, to, in particular, employment, housing, training, education, culture and social and medical assistance;
b. to review these measures with a view to their adaptation if necessary.
|
Responses to climate change and emergencies
25. Conflicts in respect to tenure of land, fisheries and forests |
25.6
Where restitution is not possible, the provision of secure access to alternative land, fisheries and forests and livelihoods for refugees and displaced persons should be negotiated with host communities and other
relevant parties to ensure that the resettlement does not jeopardize the livelihoods of others. Special procedures should, where possible, provide the vulnerable, including widows and orphans, with secure access to land,
fisheries and forests
|
Right to an adequate standard of living |
ESC
European Social Charter (revised) |
Part II, Article 30
With a view to ensuring the effective exercise of the right to protection against poverty and social exclusion, the Parties undertake:
a. to take measures within the framework of an overall and co-ordinated approach to promote the effective access of persons who live or risk living in a situation
of social exclusion or poverty, as well as their families, to, in particular, employment, housing, training, education, culture and social and medical assistance;
b. to review these measures with a view to their adaptation if necessary.
|
Responses to climate change and emergencies
25. Conflicts in respect to tenure of land, fisheries and forests |
25.6
Where restitution is not possible, the provision of secure access to alternative land, fisheries and forests and livelihoods for refugees and displaced persons should be negotiated with host communities and other
relevant parties to ensure that the resettlement does not jeopardize the livelihoods of others. Special procedures should, where possible, provide the vulnerable, including widows and orphans, with secure access to land,
fisheries and forests
|
Right to an adequate standard of living |
ADHR
ASEAN Declaration on Human Rights |
28
Every person has the right to an adequate standard of living for himself or herself and his or her family including:
|
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 an adequate standard of living |
ADHR
ASEAN Declaration on Human Rights |
28
Every person has the right to an adequate standard of living for himself or herself and his or her family including:
|
General matters
5. Policy, legal and organizational frameworks related to tenure |
5.9
States should recognize that policies and laws on tenure rights operate in the broader political, legal, social, cultural, religious, economic and environmental contexts. Where the broader contexts change, and where reforms to tenure are therefore required, States should seek to develop national consensus on proposed reforms.
|
Right to an adequate standard of living |
ADHR
ASEAN Declaration on Human Rights |
28
Every person has the right to an adequate standard of living for himself or herself and his or her family including:
|
General matters
5. Policy, legal and organizational frameworks related to tenure |
5.9
States should recognize that policies and laws on tenure rights operate in the broader political, legal, social, cultural, religious, economic and environmental contexts. Where the broader contexts change, and where reforms to tenure are therefore required, States should seek to develop national consensus on proposed reforms.
|
Right to an adequate standard of living |
ADHR
ASEAN Declaration on Human Rights |
28
Every person has the right to an adequate standard of living for himself or herself and his or her family including:
|
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 an adequate standard of living |
ADHR
ASEAN Declaration on Human Rights |
28
Every person has the right to an adequate standard of living for himself or herself and his or her family including:
|
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 an adequate standard of living |
ADHR
ASEAN Declaration on Human Rights |
28
Every person has the right to an adequate standard of living for himself or herself and his or her family including:
|
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 an adequate standard of living |
ADHR
ASEAN Declaration on Human Rights |
28
Every person has the right to an adequate standard of living for himself or herself and his or her family including:
|
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 an adequate standard of living |
ADHR
ASEAN Declaration on Human Rights |
28
Every person has the right to an adequate standard of living for himself or herself and his or her family including:
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.11
States should monitor the outcome of allocation programmes, including the gender-differentiated impacts on food security and poverty eradication as well as their impacts on social, economic and environmental objectives, and introduce corrective measures as required.
|
Right to an adequate standard of living |
ADHR
ASEAN Declaration on Human Rights |
28
Every person has the right to an adequate standard of living for himself or herself and his or her family including:
|
Legal recognition and allocation of tenure rights and duties
9. Indigenous peoples and other communities with customary tenure systems |
9.1
State and non-state actors should acknowledge that land, fisheries and forests have social, cultural, spiritual, economic, environmental and political value to indigenous peoples and other communities with customary tenure systems.
|
Right to an adequate standard of living |
ADHR
ASEAN Declaration on Human Rights |
28
Every person has the right to an adequate standard of living for himself or herself and his or her family including:
|
Transfers and other changes to tenure rights and duties
12. Investments |
12.2
Considering that smallholder producers and their organizations in developing countries provide a major share of agricultural investments that contribute significantly to food security, nutrition, poverty eradication and environmental resilience, States should support investments by smallholders as well as public and private smallholder-sensitive investments
|
Right to an adequate standard of living |
ADHR
ASEAN Declaration on Human Rights |
28
Every person has the right to an adequate standard of living for himself or herself and his or her family including:
|
Transfers and other changes to tenure rights and duties
13. Land consolidation and other readjustment approaches |
13.5
States should establish strategies for readjustment approaches that fit particular local requirements. Such strategies should be socially, economically and environmentally sustainable, and gender sensitive.
Strategies should identify the principles and objectives of the readjustment approaches; the beneficiaries; and the development of capacity and knowledge in the public sector, the private sector, organizations of
farmers and small-scale producers, of fishers, and of forest users, and academia. Laws should establish clear and cost-effective procedures for the reorganization of parcels or holdings and their uses
|
Right to an adequate standard of living |
ADHR
ASEAN Declaration on Human Rights |
28
Every person has the right to an adequate standard of living for himself or herself and his or her family including:
|
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 an adequate standard of living |
ADHR
ASEAN Declaration on Human Rights |
28
Every person has the right to an adequate standard of living for himself or herself and his or her family including:
|
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 an adequate standard of living |
ADHR
ASEAN Declaration on Human Rights |
28
Every person has the right to an adequate standard of living for himself or herself and his or her family including:
|
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 an adequate standard of living |
ADHR
ASEAN Declaration on Human Rights |
28
Every person has the right to an adequate standard of living for himself or herself and his or her family including:
|
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 an adequate standard of living |
ADHR
ASEAN Declaration on Human Rights |
28
Every person has the right to an adequate standard of living for himself or herself and his or her family including:
|
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 an adequate standard of living |
ADHR
ASEAN Declaration on Human Rights |
28
Every person has the right to an adequate standard of living for himself or herself and his or her family including:
|
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 an adequate standard of living |
ADHR
ASEAN Declaration on Human Rights |
28
Every person has the right to an adequate standard of living for himself or herself and his or her family including:
|
Administration of tenure
20. Regulated spatial planning |
20.5
Spatial planning should take duly into account the need to promote diversified sustainable management of land, fisheries and forests, including agro-ecological approaches and sustainable intensification, and
to meet the challenges of climate change and food security.
|
Right to an adequate standard of living |
ADHR
ASEAN Declaration on Human Rights |
28
Every person has the right to an adequate standard of living for himself or herself and his or her family including:
|
Administration of tenure
22. Transboundary matters |
22.2
States and other parties should contribute to the understanding of transboundary tenure issues affecting communities, such as with rangelands or seasonal migration routes of pastoralists, and fishing
grounds of small-scale fishers, which lie across international boundaries.
|
Right to an adequate standard of living |
ADHR
ASEAN Declaration on Human Rights |
28
Every person has the right to an adequate standard of living for himself or herself and his or her family including:
|
Responses to climate change and emergencies
23. Climate change |
23.2
Where appropriate, States should strive to prepare and implement strategies and actions in consultation and with the participation of all people, women and men, who may be displaced due to climate change.
Any provision of alternative land, fisheries, forests and livelihoods for displaced persons should not jeopardize the livelihoods of others. States may also consider offering special assistance to small island and other
developing states
|
Right to an adequate standard of living |
ADHR
ASEAN Declaration on Human Rights |
28
Every person has the right to an adequate standard of living for himself or herself and his or her family including:
|
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 an adequate standard of living |
ADHR
ASEAN Declaration on Human Rights |
28
Every person has the right to an adequate standard of living for himself or herself and his or her family including:
|
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 an adequate standard of living |
ADHR
ASEAN Declaration on Human Rights |
28
Every person has the right to an adequate standard of living for himself or herself and his or her family including:
|
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 an adequate standard of living |
ADHR
ASEAN Declaration on Human Rights |
28
Every person has the right to an adequate standard of living for himself or herself and his or her family including:
|
Responses to climate change and emergencies
25. Conflicts in respect to tenure of land, fisheries and forests |
25.6
Where restitution is not possible, the provision of secure access to alternative land, fisheries and forests and livelihoods for refugees and displaced persons should be negotiated with host communities and other
relevant parties to ensure that the resettlement does not jeopardize the livelihoods of others. Special procedures should, where possible, provide the vulnerable, including widows and orphans, with secure access to land,
fisheries and forests
|
Right to an adequate standard of living |
ADHR
ASEAN Declaration on Human Rights |
28
Every person has the right to an adequate standard of living for himself or herself and his or her family including:
|
Responses to climate change and emergencies
25. Conflicts in respect to tenure of land, fisheries and forests |
25.6
Where restitution is not possible, the provision of secure access to alternative land, fisheries and forests and livelihoods for refugees and displaced persons should be negotiated with host communities and other
relevant parties to ensure that the resettlement does not jeopardize the livelihoods of others. Special procedures should, where possible, provide the vulnerable, including widows and orphans, with secure access to land,
fisheries and forests
|
Right to a healthy environment |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
18
1. Peasants and other people working in rural areas have the right to the conservation and protection of the environment and the productive capacity of their lands,
and of the resources that they use and manage.
2. States shall take appropriate measures to ensure that peasants and other people working in rural areas enjoy, without discrimination, a safe, clean and healthy
environment.
3. States shall comply with their respective international obligations to combat climate change. Peasants and other people working in rural areas have the right to
contribute to the design and implementation of national and local climate change adaptation and mitigation policies, including through the use of practices and traditional knowledge.
4. States shall take effective measures to ensure that no hazardous material, substance or waste is stored or disposed of on the land of peasants and other people
working in rural areas, and shall cooperate to address the threats to the enjoyment of their rights that result from transboundary environmental harm.
5. States shall protect peasants and other people working in rural areas against abuses by non-State actors, including by enforcing environmental laws that contribute,
directly or indirectly, to the protection of the rights of peasants or other people working in rural areas
|
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 a healthy environment |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
18
1. Peasants and other people working in rural areas have the right to the conservation and protection of the environment and the productive capacity of their lands,
and of the resources that they use and manage.
2. States shall take appropriate measures to ensure that peasants and other people working in rural areas enjoy, without discrimination, a safe, clean and healthy
environment.
3. States shall comply with their respective international obligations to combat climate change. Peasants and other people working in rural areas have the right to
contribute to the design and implementation of national and local climate change adaptation and mitigation policies, including through the use of practices and traditional knowledge.
4. States shall take effective measures to ensure that no hazardous material, substance or waste is stored or disposed of on the land of peasants and other people
working in rural areas, and shall cooperate to address the threats to the enjoyment of their rights that result from transboundary environmental harm.
5. States shall protect peasants and other people working in rural areas against abuses by non-State actors, including by enforcing environmental laws that contribute,
directly or indirectly, to the protection of the rights of peasants or other people working in rural areas
|
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 a healthy environment |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
18
1. Peasants and other people working in rural areas have the right to the conservation and protection of the environment and the productive capacity of their lands,
and of the resources that they use and manage.
2. States shall take appropriate measures to ensure that peasants and other people working in rural areas enjoy, without discrimination, a safe, clean and healthy
environment.
3. States shall comply with their respective international obligations to combat climate change. Peasants and other people working in rural areas have the right to
contribute to the design and implementation of national and local climate change adaptation and mitigation policies, including through the use of practices and traditional knowledge.
4. States shall take effective measures to ensure that no hazardous material, substance or waste is stored or disposed of on the land of peasants and other people
working in rural areas, and shall cooperate to address the threats to the enjoyment of their rights that result from transboundary environmental harm.
5. States shall protect peasants and other people working in rural areas against abuses by non-State actors, including by enforcing environmental laws that contribute,
directly or indirectly, to the protection of the rights of peasants or other people working in rural areas
|
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 a healthy environment |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
18
1. Peasants and other people working in rural areas have the right to the conservation and protection of the environment and the productive capacity of their lands,
and of the resources that they use and manage.
2. States shall take appropriate measures to ensure that peasants and other people working in rural areas enjoy, without discrimination, a safe, clean and healthy
environment.
3. States shall comply with their respective international obligations to combat climate change. Peasants and other people working in rural areas have the right to
contribute to the design and implementation of national and local climate change adaptation and mitigation policies, including through the use of practices and traditional knowledge.
4. States shall take effective measures to ensure that no hazardous material, substance or waste is stored or disposed of on the land of peasants and other people
working in rural areas, and shall cooperate to address the threats to the enjoyment of their rights that result from transboundary environmental harm.
5. States shall protect peasants and other people working in rural areas against abuses by non-State actors, including by enforcing environmental laws that contribute,
directly or indirectly, to the protection of the rights of peasants or other people working in rural areas
|
General matters
5. Policy, legal and organizational frameworks related to tenure |
5.9
States should recognize that policies and laws on tenure rights operate in the broader political, legal, social, cultural, religious, economic and environmental contexts. Where the broader contexts change, and where reforms to tenure are therefore required, States should seek to develop national consensus on proposed reforms.
|
Right to a healthy environment |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
18
1. Peasants and other people working in rural areas have the right to the conservation and protection of the environment and the productive capacity of their lands,
and of the resources that they use and manage.
2. States shall take appropriate measures to ensure that peasants and other people working in rural areas enjoy, without discrimination, a safe, clean and healthy
environment.
3. States shall comply with their respective international obligations to combat climate change. Peasants and other people working in rural areas have the right to
contribute to the design and implementation of national and local climate change adaptation and mitigation policies, including through the use of practices and traditional knowledge.
4. States shall take effective measures to ensure that no hazardous material, substance or waste is stored or disposed of on the land of peasants and other people
working in rural areas, and shall cooperate to address the threats to the enjoyment of their rights that result from transboundary environmental harm.
5. States shall protect peasants and other people working in rural areas against abuses by non-State actors, including by enforcing environmental laws that contribute,
directly or indirectly, to the protection of the rights of peasants or other people working in rural areas
|
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 a healthy environment |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
18
1. Peasants and other people working in rural areas have the right to the conservation and protection of the environment and the productive capacity of their lands,
and of the resources that they use and manage.
2. States shall take appropriate measures to ensure that peasants and other people working in rural areas enjoy, without discrimination, a safe, clean and healthy
environment.
3. States shall comply with their respective international obligations to combat climate change. Peasants and other people working in rural areas have the right to
contribute to the design and implementation of national and local climate change adaptation and mitigation policies, including through the use of practices and traditional knowledge.
4. States shall take effective measures to ensure that no hazardous material, substance or waste is stored or disposed of on the land of peasants and other people
working in rural areas, and shall cooperate to address the threats to the enjoyment of their rights that result from transboundary environmental harm.
5. States shall protect peasants and other people working in rural areas against abuses by non-State actors, including by enforcing environmental laws that contribute,
directly or indirectly, to the protection of the rights of peasants or other people working in rural areas
|
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 a healthy environment |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
18
1. Peasants and other people working in rural areas have the right to the conservation and protection of the environment and the productive capacity of their lands,
and of the resources that they use and manage.
2. States shall take appropriate measures to ensure that peasants and other people working in rural areas enjoy, without discrimination, a safe, clean and healthy
environment.
3. States shall comply with their respective international obligations to combat climate change. Peasants and other people working in rural areas have the right to
contribute to the design and implementation of national and local climate change adaptation and mitigation policies, including through the use of practices and traditional knowledge.
4. States shall take effective measures to ensure that no hazardous material, substance or waste is stored or disposed of on the land of peasants and other people
working in rural areas, and shall cooperate to address the threats to the enjoyment of their rights that result from transboundary environmental harm.
5. States shall protect peasants and other people working in rural areas against abuses by non-State actors, including by enforcing environmental laws that contribute,
directly or indirectly, to the protection of the rights of peasants or other people working in rural areas
|
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 a healthy environment |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
18
1. Peasants and other people working in rural areas have the right to the conservation and protection of the environment and the productive capacity of their lands,
and of the resources that they use and manage.
2. States shall take appropriate measures to ensure that peasants and other people working in rural areas enjoy, without discrimination, a safe, clean and healthy
environment.
3. States shall comply with their respective international obligations to combat climate change. Peasants and other people working in rural areas have the right to
contribute to the design and implementation of national and local climate change adaptation and mitigation policies, including through the use of practices and traditional knowledge.
4. States shall take effective measures to ensure that no hazardous material, substance or waste is stored or disposed of on the land of peasants and other people
working in rural areas, and shall cooperate to address the threats to the enjoyment of their rights that result from transboundary environmental harm.
5. States shall protect peasants and other people working in rural areas against abuses by non-State actors, including by enforcing environmental laws that contribute,
directly or indirectly, to the protection of the rights of peasants or other people working in rural areas
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.11
States should monitor the outcome of allocation programmes, including the gender-differentiated impacts on food security and poverty eradication as well as their impacts on social, economic and environmental objectives, and introduce corrective measures as required.
|
Right to a healthy environment |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
18
1. Peasants and other people working in rural areas have the right to the conservation and protection of the environment and the productive capacity of their lands,
and of the resources that they use and manage.
2. States shall take appropriate measures to ensure that peasants and other people working in rural areas enjoy, without discrimination, a safe, clean and healthy
environment.
3. States shall comply with their respective international obligations to combat climate change. Peasants and other people working in rural areas have the right to
contribute to the design and implementation of national and local climate change adaptation and mitigation policies, including through the use of practices and traditional knowledge.
4. States shall take effective measures to ensure that no hazardous material, substance or waste is stored or disposed of on the land of peasants and other people
working in rural areas, and shall cooperate to address the threats to the enjoyment of their rights that result from transboundary environmental harm.
5. States shall protect peasants and other people working in rural areas against abuses by non-State actors, including by enforcing environmental laws that contribute,
directly or indirectly, to the protection of the rights of peasants or other people working in rural areas
|
Legal recognition and allocation of tenure rights and duties
9. Indigenous peoples and other communities with customary tenure systems |
9.1
State and non-state actors should acknowledge that land, fisheries and forests have social, cultural, spiritual, economic, environmental and political value to indigenous peoples and other communities with customary tenure systems.
|
Right to a healthy environment |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
18
1. Peasants and other people working in rural areas have the right to the conservation and protection of the environment and the productive capacity of their lands,
and of the resources that they use and manage.
2. States shall take appropriate measures to ensure that peasants and other people working in rural areas enjoy, without discrimination, a safe, clean and healthy
environment.
3. States shall comply with their respective international obligations to combat climate change. Peasants and other people working in rural areas have the right to
contribute to the design and implementation of national and local climate change adaptation and mitigation policies, including through the use of practices and traditional knowledge.
4. States shall take effective measures to ensure that no hazardous material, substance or waste is stored or disposed of on the land of peasants and other people
working in rural areas, and shall cooperate to address the threats to the enjoyment of their rights that result from transboundary environmental harm.
5. States shall protect peasants and other people working in rural areas against abuses by non-State actors, including by enforcing environmental laws that contribute,
directly or indirectly, to the protection of the rights of peasants or other people working in rural areas
|
Legal recognition and allocation of tenure rights and duties
9. Indigenous peoples and other communities with customary tenure systems |
9.7
States should, in drafting tenure policies and laws, take into account the social, cultural, spiritual, economic and environmental values of land, fisheries and forests held under tenure systems of indigenous peoples and other communities with customary tenure systems. There should be full and effective participation of all members or representatives of affected communities, including vulnerable and marginalized members, when
developing policies and laws related to tenure systems of indigenous peoples and other communities with customary tenure systems
|
Right to a healthy environment |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
18
1. Peasants and other people working in rural areas have the right to the conservation and protection of the environment and the productive capacity of their lands,
and of the resources that they use and manage.
2. States shall take appropriate measures to ensure that peasants and other people working in rural areas enjoy, without discrimination, a safe, clean and healthy
environment.
3. States shall comply with their respective international obligations to combat climate change. Peasants and other people working in rural areas have the right to
contribute to the design and implementation of national and local climate change adaptation and mitigation policies, including through the use of practices and traditional knowledge.
4. States shall take effective measures to ensure that no hazardous material, substance or waste is stored or disposed of on the land of peasants and other people
working in rural areas, and shall cooperate to address the threats to the enjoyment of their rights that result from transboundary environmental harm.
5. States shall protect peasants and other people working in rural areas against abuses by non-State actors, including by enforcing environmental laws that contribute,
directly or indirectly, to the protection of the rights of peasants or other people working in rural areas
|
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 a healthy environment |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
18
1. Peasants and other people working in rural areas have the right to the conservation and protection of the environment and the productive capacity of their lands,
and of the resources that they use and manage.
2. States shall take appropriate measures to ensure that peasants and other people working in rural areas enjoy, without discrimination, a safe, clean and healthy
environment.
3. States shall comply with their respective international obligations to combat climate change. Peasants and other people working in rural areas have the right to
contribute to the design and implementation of national and local climate change adaptation and mitigation policies, including through the use of practices and traditional knowledge.
4. States shall take effective measures to ensure that no hazardous material, substance or waste is stored or disposed of on the land of peasants and other people
working in rural areas, and shall cooperate to address the threats to the enjoyment of their rights that result from transboundary environmental harm.
5. States shall protect peasants and other people working in rural areas against abuses by non-State actors, including by enforcing environmental laws that contribute,
directly or indirectly, to the protection of the rights of peasants or other people working in rural areas
|
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 a healthy environment |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
18
1. Peasants and other people working in rural areas have the right to the conservation and protection of the environment and the productive capacity of their lands,
and of the resources that they use and manage.
2. States shall take appropriate measures to ensure that peasants and other people working in rural areas enjoy, without discrimination, a safe, clean and healthy
environment.
3. States shall comply with their respective international obligations to combat climate change. Peasants and other people working in rural areas have the right to
contribute to the design and implementation of national and local climate change adaptation and mitigation policies, including through the use of practices and traditional knowledge.
4. States shall take effective measures to ensure that no hazardous material, substance or waste is stored or disposed of on the land of peasants and other people
working in rural areas, and shall cooperate to address the threats to the enjoyment of their rights that result from transboundary environmental harm.
5. States shall protect peasants and other people working in rural areas against abuses by non-State actors, including by enforcing environmental laws that contribute,
directly or indirectly, to the protection of the rights of peasants or other people working in rural areas
|
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 a healthy environment |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
18
1. Peasants and other people working in rural areas have the right to the conservation and protection of the environment and the productive capacity of their lands,
and of the resources that they use and manage.
2. States shall take appropriate measures to ensure that peasants and other people working in rural areas enjoy, without discrimination, a safe, clean and healthy
environment.
3. States shall comply with their respective international obligations to combat climate change. Peasants and other people working in rural areas have the right to
contribute to the design and implementation of national and local climate change adaptation and mitigation policies, including through the use of practices and traditional knowledge.
4. States shall take effective measures to ensure that no hazardous material, substance or waste is stored or disposed of on the land of peasants and other people
working in rural areas, and shall cooperate to address the threats to the enjoyment of their rights that result from transboundary environmental harm.
5. States shall protect peasants and other people working in rural areas against abuses by non-State actors, including by enforcing environmental laws that contribute,
directly or indirectly, to the protection of the rights of peasants or other people working in rural areas
|
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 a healthy environment |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
18
1. Peasants and other people working in rural areas have the right to the conservation and protection of the environment and the productive capacity of their lands,
and of the resources that they use and manage.
2. States shall take appropriate measures to ensure that peasants and other people working in rural areas enjoy, without discrimination, a safe, clean and healthy
environment.
3. States shall comply with their respective international obligations to combat climate change. Peasants and other people working in rural areas have the right to
contribute to the design and implementation of national and local climate change adaptation and mitigation policies, including through the use of practices and traditional knowledge.
4. States shall take effective measures to ensure that no hazardous material, substance or waste is stored or disposed of on the land of peasants and other people
working in rural areas, and shall cooperate to address the threats to the enjoyment of their rights that result from transboundary environmental harm.
5. States shall protect peasants and other people working in rural areas against abuses by non-State actors, including by enforcing environmental laws that contribute,
directly or indirectly, to the protection of the rights of peasants or other people working in rural areas
|
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 a healthy environment |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
18
1. Peasants and other people working in rural areas have the right to the conservation and protection of the environment and the productive capacity of their lands,
and of the resources that they use and manage.
2. States shall take appropriate measures to ensure that peasants and other people working in rural areas enjoy, without discrimination, a safe, clean and healthy
environment.
3. States shall comply with their respective international obligations to combat climate change. Peasants and other people working in rural areas have the right to
contribute to the design and implementation of national and local climate change adaptation and mitigation policies, including through the use of practices and traditional knowledge.
4. States shall take effective measures to ensure that no hazardous material, substance or waste is stored or disposed of on the land of peasants and other people
working in rural areas, and shall cooperate to address the threats to the enjoyment of their rights that result from transboundary environmental harm.
5. States shall protect peasants and other people working in rural areas against abuses by non-State actors, including by enforcing environmental laws that contribute,
directly or indirectly, to the protection of the rights of peasants or other people working in rural areas
|
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 a healthy environment |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
18
1. Peasants and other people working in rural areas have the right to the conservation and protection of the environment and the productive capacity of their lands,
and of the resources that they use and manage.
2. States shall take appropriate measures to ensure that peasants and other people working in rural areas enjoy, without discrimination, a safe, clean and healthy
environment.
3. States shall comply with their respective international obligations to combat climate change. Peasants and other people working in rural areas have the right to
contribute to the design and implementation of national and local climate change adaptation and mitigation policies, including through the use of practices and traditional knowledge.
4. States shall take effective measures to ensure that no hazardous material, substance or waste is stored or disposed of on the land of peasants and other people
working in rural areas, and shall cooperate to address the threats to the enjoyment of their rights that result from transboundary environmental harm.
5. States shall protect peasants and other people working in rural areas against abuses by non-State actors, including by enforcing environmental laws that contribute,
directly or indirectly, to the protection of the rights of peasants or other people working in rural areas
|
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 a healthy environment |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
18
1. Peasants and other people working in rural areas have the right to the conservation and protection of the environment and the productive capacity of their lands,
and of the resources that they use and manage.
2. States shall take appropriate measures to ensure that peasants and other people working in rural areas enjoy, without discrimination, a safe, clean and healthy
environment.
3. States shall comply with their respective international obligations to combat climate change. Peasants and other people working in rural areas have the right to
contribute to the design and implementation of national and local climate change adaptation and mitigation policies, including through the use of practices and traditional knowledge.
4. States shall take effective measures to ensure that no hazardous material, substance or waste is stored or disposed of on the land of peasants and other people
working in rural areas, and shall cooperate to address the threats to the enjoyment of their rights that result from transboundary environmental harm.
5. States shall protect peasants and other people working in rural areas against abuses by non-State actors, including by enforcing environmental laws that contribute,
directly or indirectly, to the protection of the rights of peasants or other people working in rural areas
|
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 a healthy environment |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
18
1. Peasants and other people working in rural areas have the right to the conservation and protection of the environment and the productive capacity of their lands,
and of the resources that they use and manage.
2. States shall take appropriate measures to ensure that peasants and other people working in rural areas enjoy, without discrimination, a safe, clean and healthy
environment.
3. States shall comply with their respective international obligations to combat climate change. Peasants and other people working in rural areas have the right to
contribute to the design and implementation of national and local climate change adaptation and mitigation policies, including through the use of practices and traditional knowledge.
4. States shall take effective measures to ensure that no hazardous material, substance or waste is stored or disposed of on the land of peasants and other people
working in rural areas, and shall cooperate to address the threats to the enjoyment of their rights that result from transboundary environmental harm.
5. States shall protect peasants and other people working in rural areas against abuses by non-State actors, including by enforcing environmental laws that contribute,
directly or indirectly, to the protection of the rights of peasants or other people working in rural areas
|
Transfers and other changes to tenure rights and duties
13. Land consolidation and other readjustment approaches |
13.5
States should establish strategies for readjustment approaches that fit particular local requirements. Such strategies should be socially, economically and environmentally sustainable, and gender sensitive.
Strategies should identify the principles and objectives of the readjustment approaches; the beneficiaries; and the development of capacity and knowledge in the public sector, the private sector, organizations of
farmers and small-scale producers, of fishers, and of forest users, and academia. Laws should establish clear and cost-effective procedures for the reorganization of parcels or holdings and their uses
|
Right to a healthy environment |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
18
1. Peasants and other people working in rural areas have the right to the conservation and protection of the environment and the productive capacity of their lands,
and of the resources that they use and manage.
2. States shall take appropriate measures to ensure that peasants and other people working in rural areas enjoy, without discrimination, a safe, clean and healthy
environment.
3. States shall comply with their respective international obligations to combat climate change. Peasants and other people working in rural areas have the right to
contribute to the design and implementation of national and local climate change adaptation and mitigation policies, including through the use of practices and traditional knowledge.
4. States shall take effective measures to ensure that no hazardous material, substance or waste is stored or disposed of on the land of peasants and other people
working in rural areas, and shall cooperate to address the threats to the enjoyment of their rights that result from transboundary environmental harm.
5. States shall protect peasants and other people working in rural areas against abuses by non-State actors, including by enforcing environmental laws that contribute,
directly or indirectly, to the protection of the rights of peasants or other people working in rural areas
|
Transfers and other changes to tenure rights and duties
13. Land consolidation and other readjustment approaches |
13.6
States should establish appropriate safeguards in projects using
readjustment approaches. Any individuals, communities or peoples likely
to be affected by a project should be contacted and provided with sufficient
information in applicable languages. Technical and legal support should
be provided. Participatory and gender-sensitive approaches should be
used taking into account rights of indigenous peoples. Environmental safeguards should be established to prevent or minimize degradation and
loss of biodiversity and reward changes that foster good land management, best practices and reclamation
|
Right to a healthy environment |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
18
1. Peasants and other people working in rural areas have the right to the conservation and protection of the environment and the productive capacity of their lands,
and of the resources that they use and manage.
2. States shall take appropriate measures to ensure that peasants and other people working in rural areas enjoy, without discrimination, a safe, clean and healthy
environment.
3. States shall comply with their respective international obligations to combat climate change. Peasants and other people working in rural areas have the right to
contribute to the design and implementation of national and local climate change adaptation and mitigation policies, including through the use of practices and traditional knowledge.
4. States shall take effective measures to ensure that no hazardous material, substance or waste is stored or disposed of on the land of peasants and other people
working in rural areas, and shall cooperate to address the threats to the enjoyment of their rights that result from transboundary environmental harm.
5. States shall protect peasants and other people working in rural areas against abuses by non-State actors, including by enforcing environmental laws that contribute,
directly or indirectly, to the protection of the rights of peasants or other people working in rural areas
|
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 a healthy environment |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
18
1. Peasants and other people working in rural areas have the right to the conservation and protection of the environment and the productive capacity of their lands,
and of the resources that they use and manage.
2. States shall take appropriate measures to ensure that peasants and other people working in rural areas enjoy, without discrimination, a safe, clean and healthy
environment.
3. States shall comply with their respective international obligations to combat climate change. Peasants and other people working in rural areas have the right to
contribute to the design and implementation of national and local climate change adaptation and mitigation policies, including through the use of practices and traditional knowledge.
4. States shall take effective measures to ensure that no hazardous material, substance or waste is stored or disposed of on the land of peasants and other people
working in rural areas, and shall cooperate to address the threats to the enjoyment of their rights that result from transboundary environmental harm.
5. States shall protect peasants and other people working in rural areas against abuses by non-State actors, including by enforcing environmental laws that contribute,
directly or indirectly, to the protection of the rights of peasants or other people working in rural areas
|
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 a healthy environment |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
18
1. Peasants and other people working in rural areas have the right to the conservation and protection of the environment and the productive capacity of their lands,
and of the resources that they use and manage.
2. States shall take appropriate measures to ensure that peasants and other people working in rural areas enjoy, without discrimination, a safe, clean and healthy
environment.
3. States shall comply with their respective international obligations to combat climate change. Peasants and other people working in rural areas have the right to
contribute to the design and implementation of national and local climate change adaptation and mitigation policies, including through the use of practices and traditional knowledge.
4. States shall take effective measures to ensure that no hazardous material, substance or waste is stored or disposed of on the land of peasants and other people
working in rural areas, and shall cooperate to address the threats to the enjoyment of their rights that result from transboundary environmental harm.
5. States shall protect peasants and other people working in rural areas against abuses by non-State actors, including by enforcing environmental laws that contribute,
directly or indirectly, to the protection of the rights of peasants or other people working in rural areas
|
Administration of tenure
18. Valuation |
18.2
Policies and laws related to valuation should strive to ensure that valuation systems take into account non-market values, such as social, cultural, religious, spiritual and environmental values where applicable
|
Right to a healthy environment |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
18
1. Peasants and other people working in rural areas have the right to the conservation and protection of the environment and the productive capacity of their lands,
and of the resources that they use and manage.
2. States shall take appropriate measures to ensure that peasants and other people working in rural areas enjoy, without discrimination, a safe, clean and healthy
environment.
3. States shall comply with their respective international obligations to combat climate change. Peasants and other people working in rural areas have the right to
contribute to the design and implementation of national and local climate change adaptation and mitigation policies, including through the use of practices and traditional knowledge.
4. States shall take effective measures to ensure that no hazardous material, substance or waste is stored or disposed of on the land of peasants and other people
working in rural areas, and shall cooperate to address the threats to the enjoyment of their rights that result from transboundary environmental harm.
5. States shall protect peasants and other people working in rural areas against abuses by non-State actors, including by enforcing environmental laws that contribute,
directly or indirectly, to the protection of the rights of peasants or other people working in rural areas
|
Administration of tenure
20. Regulated spatial planning |
20.5
Spatial planning should take duly into account the need to promote diversified sustainable management of land, fisheries and forests, including agro-ecological approaches and sustainable intensification, and
to meet the challenges of climate change and food security.
|
Right to a healthy environment |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
18
1. Peasants and other people working in rural areas have the right to the conservation and protection of the environment and the productive capacity of their lands,
and of the resources that they use and manage.
2. States shall take appropriate measures to ensure that peasants and other people working in rural areas enjoy, without discrimination, a safe, clean and healthy
environment.
3. States shall comply with their respective international obligations to combat climate change. Peasants and other people working in rural areas have the right to
contribute to the design and implementation of national and local climate change adaptation and mitigation policies, including through the use of practices and traditional knowledge.
4. States shall take effective measures to ensure that no hazardous material, substance or waste is stored or disposed of on the land of peasants and other people
working in rural areas, and shall cooperate to address the threats to the enjoyment of their rights that result from transboundary environmental harm.
5. States shall protect peasants and other people working in rural areas against abuses by non-State actors, including by enforcing environmental laws that contribute,
directly or indirectly, to the protection of the rights of peasants or other people working in rural areas
|
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 a healthy environment |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
29
1. Indigenous peoples have the right to the conservation and protection of the environment and the productive capacity of their lands or territories and resources. States shall establish and implement assistance programmes for
indigenous peoples for such conservation and protection, without discrimination.
2. States shall take effective measures to ensure that no storage or disposal of hazardous materials shall take place in the lands or territories of indigenous peoples without their free, prior and informed consent.
3. States shall also take effective measures to ensure, as needed, that programmes for monitoring, maintaining and restoring the health of indigenous peoples, as developed and implemented by the peoples affected by such materials,
are duly implemented.
|
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 a healthy environment |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
29
1. Indigenous peoples have the right to the conservation and protection of the environment and the productive capacity of their lands or territories and resources. States shall establish and implement assistance programmes for
indigenous peoples for such conservation and protection, without discrimination.
2. States shall take effective measures to ensure that no storage or disposal of hazardous materials shall take place in the lands or territories of indigenous peoples without their free, prior and informed consent.
3. States shall also take effective measures to ensure, as needed, that programmes for monitoring, maintaining and restoring the health of indigenous peoples, as developed and implemented by the peoples affected by such materials,
are duly implemented.
|
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 a healthy environment |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
29
1. Indigenous peoples have the right to the conservation and protection of the environment and the productive capacity of their lands or territories and resources. States shall establish and implement assistance programmes for
indigenous peoples for such conservation and protection, without discrimination.
2. States shall take effective measures to ensure that no storage or disposal of hazardous materials shall take place in the lands or territories of indigenous peoples without their free, prior and informed consent.
3. States shall also take effective measures to ensure, as needed, that programmes for monitoring, maintaining and restoring the health of indigenous peoples, as developed and implemented by the peoples affected by such materials,
are duly implemented.
|
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 a healthy environment |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
29
1. Indigenous peoples have the right to the conservation and protection of the environment and the productive capacity of their lands or territories and resources. States shall establish and implement assistance programmes for
indigenous peoples for such conservation and protection, without discrimination.
2. States shall take effective measures to ensure that no storage or disposal of hazardous materials shall take place in the lands or territories of indigenous peoples without their free, prior and informed consent.
3. States shall also take effective measures to ensure, as needed, that programmes for monitoring, maintaining and restoring the health of indigenous peoples, as developed and implemented by the peoples affected by such materials,
are duly implemented.
|
General matters
5. Policy, legal and organizational frameworks related to tenure |
5.9
States should recognize that policies and laws on tenure rights operate in the broader political, legal, social, cultural, religious, economic and environmental contexts. Where the broader contexts change, and where reforms to tenure are therefore required, States should seek to develop national consensus on proposed reforms.
|
Right to a healthy environment |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
29
1. Indigenous peoples have the right to the conservation and protection of the environment and the productive capacity of their lands or territories and resources. States shall establish and implement assistance programmes for
indigenous peoples for such conservation and protection, without discrimination.
2. States shall take effective measures to ensure that no storage or disposal of hazardous materials shall take place in the lands or territories of indigenous peoples without their free, prior and informed consent.
3. States shall also take effective measures to ensure, as needed, that programmes for monitoring, maintaining and restoring the health of indigenous peoples, as developed and implemented by the peoples affected by such materials,
are duly implemented.
|
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 a healthy environment |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
29
1. Indigenous peoples have the right to the conservation and protection of the environment and the productive capacity of their lands or territories and resources. States shall establish and implement assistance programmes for
indigenous peoples for such conservation and protection, without discrimination.
2. States shall take effective measures to ensure that no storage or disposal of hazardous materials shall take place in the lands or territories of indigenous peoples without their free, prior and informed consent.
3. States shall also take effective measures to ensure, as needed, that programmes for monitoring, maintaining and restoring the health of indigenous peoples, as developed and implemented by the peoples affected by such materials,
are duly implemented.
|
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 a healthy environment |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
29
1. Indigenous peoples have the right to the conservation and protection of the environment and the productive capacity of their lands or territories and resources. States shall establish and implement assistance programmes for
indigenous peoples for such conservation and protection, without discrimination.
2. States shall take effective measures to ensure that no storage or disposal of hazardous materials shall take place in the lands or territories of indigenous peoples without their free, prior and informed consent.
3. States shall also take effective measures to ensure, as needed, that programmes for monitoring, maintaining and restoring the health of indigenous peoples, as developed and implemented by the peoples affected by such materials,
are duly implemented.
|
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 a healthy environment |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
29
1. Indigenous peoples have the right to the conservation and protection of the environment and the productive capacity of their lands or territories and resources. States shall establish and implement assistance programmes for
indigenous peoples for such conservation and protection, without discrimination.
2. States shall take effective measures to ensure that no storage or disposal of hazardous materials shall take place in the lands or territories of indigenous peoples without their free, prior and informed consent.
3. States shall also take effective measures to ensure, as needed, that programmes for monitoring, maintaining and restoring the health of indigenous peoples, as developed and implemented by the peoples affected by such materials,
are duly implemented.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.11
States should monitor the outcome of allocation programmes, including the gender-differentiated impacts on food security and poverty eradication as well as their impacts on social, economic and environmental objectives, and introduce corrective measures as required.
|
Right to a healthy environment |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
29
1. Indigenous peoples have the right to the conservation and protection of the environment and the productive capacity of their lands or territories and resources. States shall establish and implement assistance programmes for
indigenous peoples for such conservation and protection, without discrimination.
2. States shall take effective measures to ensure that no storage or disposal of hazardous materials shall take place in the lands or territories of indigenous peoples without their free, prior and informed consent.
3. States shall also take effective measures to ensure, as needed, that programmes for monitoring, maintaining and restoring the health of indigenous peoples, as developed and implemented by the peoples affected by such materials,
are duly implemented.
|
Legal recognition and allocation of tenure rights and duties
9. Indigenous peoples and other communities with customary tenure systems |
9.1
State and non-state actors should acknowledge that land, fisheries and forests have social, cultural, spiritual, economic, environmental and political value to indigenous peoples and other communities with customary tenure systems.
|
Right to a healthy environment |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
29
1. Indigenous peoples have the right to the conservation and protection of the environment and the productive capacity of their lands or territories and resources. States shall establish and implement assistance programmes for
indigenous peoples for such conservation and protection, without discrimination.
2. States shall take effective measures to ensure that no storage or disposal of hazardous materials shall take place in the lands or territories of indigenous peoples without their free, prior and informed consent.
3. States shall also take effective measures to ensure, as needed, that programmes for monitoring, maintaining and restoring the health of indigenous peoples, as developed and implemented by the peoples affected by such materials,
are duly implemented.
|
Legal recognition and allocation of tenure rights and duties
9. Indigenous peoples and other communities with customary tenure systems |
9.7
States should, in drafting tenure policies and laws, take into account the social, cultural, spiritual, economic and environmental values of land, fisheries and forests held under tenure systems of indigenous peoples and other communities with customary tenure systems. There should be full and effective participation of all members or representatives of affected communities, including vulnerable and marginalized members, when
developing policies and laws related to tenure systems of indigenous peoples and other communities with customary tenure systems
|
Right to a healthy environment |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
29
1. Indigenous peoples have the right to the conservation and protection of the environment and the productive capacity of their lands or territories and resources. States shall establish and implement assistance programmes for
indigenous peoples for such conservation and protection, without discrimination.
2. States shall take effective measures to ensure that no storage or disposal of hazardous materials shall take place in the lands or territories of indigenous peoples without their free, prior and informed consent.
3. States shall also take effective measures to ensure, as needed, that programmes for monitoring, maintaining and restoring the health of indigenous peoples, as developed and implemented by the peoples affected by such materials,
are duly implemented.
|
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 a healthy environment |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
29
1. Indigenous peoples have the right to the conservation and protection of the environment and the productive capacity of their lands or territories and resources. States shall establish and implement assistance programmes for
indigenous peoples for such conservation and protection, without discrimination.
2. States shall take effective measures to ensure that no storage or disposal of hazardous materials shall take place in the lands or territories of indigenous peoples without their free, prior and informed consent.
3. States shall also take effective measures to ensure, as needed, that programmes for monitoring, maintaining and restoring the health of indigenous peoples, as developed and implemented by the peoples affected by such materials,
are duly implemented.
|
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 a healthy environment |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
29
1. Indigenous peoples have the right to the conservation and protection of the environment and the productive capacity of their lands or territories and resources. States shall establish and implement assistance programmes for
indigenous peoples for such conservation and protection, without discrimination.
2. States shall take effective measures to ensure that no storage or disposal of hazardous materials shall take place in the lands or territories of indigenous peoples without their free, prior and informed consent.
3. States shall also take effective measures to ensure, as needed, that programmes for monitoring, maintaining and restoring the health of indigenous peoples, as developed and implemented by the peoples affected by such materials,
are duly implemented.
|
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 a healthy environment |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
29
1. Indigenous peoples have the right to the conservation and protection of the environment and the productive capacity of their lands or territories and resources. States shall establish and implement assistance programmes for
indigenous peoples for such conservation and protection, without discrimination.
2. States shall take effective measures to ensure that no storage or disposal of hazardous materials shall take place in the lands or territories of indigenous peoples without their free, prior and informed consent.
3. States shall also take effective measures to ensure, as needed, that programmes for monitoring, maintaining and restoring the health of indigenous peoples, as developed and implemented by the peoples affected by such materials,
are duly implemented.
|
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 a healthy environment |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
29
1. Indigenous peoples have the right to the conservation and protection of the environment and the productive capacity of their lands or territories and resources. States shall establish and implement assistance programmes for
indigenous peoples for such conservation and protection, without discrimination.
2. States shall take effective measures to ensure that no storage or disposal of hazardous materials shall take place in the lands or territories of indigenous peoples without their free, prior and informed consent.
3. States shall also take effective measures to ensure, as needed, that programmes for monitoring, maintaining and restoring the health of indigenous peoples, as developed and implemented by the peoples affected by such materials,
are duly implemented.
|
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 a healthy environment |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
29
1. Indigenous peoples have the right to the conservation and protection of the environment and the productive capacity of their lands or territories and resources. States shall establish and implement assistance programmes for
indigenous peoples for such conservation and protection, without discrimination.
2. States shall take effective measures to ensure that no storage or disposal of hazardous materials shall take place in the lands or territories of indigenous peoples without their free, prior and informed consent.
3. States shall also take effective measures to ensure, as needed, that programmes for monitoring, maintaining and restoring the health of indigenous peoples, as developed and implemented by the peoples affected by such materials,
are duly implemented.
|
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 a healthy environment |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
29
1. Indigenous peoples have the right to the conservation and protection of the environment and the productive capacity of their lands or territories and resources. States shall establish and implement assistance programmes for
indigenous peoples for such conservation and protection, without discrimination.
2. States shall take effective measures to ensure that no storage or disposal of hazardous materials shall take place in the lands or territories of indigenous peoples without their free, prior and informed consent.
3. States shall also take effective measures to ensure, as needed, that programmes for monitoring, maintaining and restoring the health of indigenous peoples, as developed and implemented by the peoples affected by such materials,
are duly implemented.
|
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 a healthy environment |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
29
1. Indigenous peoples have the right to the conservation and protection of the environment and the productive capacity of their lands or territories and resources. States shall establish and implement assistance programmes for
indigenous peoples for such conservation and protection, without discrimination.
2. States shall take effective measures to ensure that no storage or disposal of hazardous materials shall take place in the lands or territories of indigenous peoples without their free, prior and informed consent.
3. States shall also take effective measures to ensure, as needed, that programmes for monitoring, maintaining and restoring the health of indigenous peoples, as developed and implemented by the peoples affected by such materials,
are duly implemented.
|
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 a healthy environment |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
29
1. Indigenous peoples have the right to the conservation and protection of the environment and the productive capacity of their lands or territories and resources. States shall establish and implement assistance programmes for
indigenous peoples for such conservation and protection, without discrimination.
2. States shall take effective measures to ensure that no storage or disposal of hazardous materials shall take place in the lands or territories of indigenous peoples without their free, prior and informed consent.
3. States shall also take effective measures to ensure, as needed, that programmes for monitoring, maintaining and restoring the health of indigenous peoples, as developed and implemented by the peoples affected by such materials,
are duly implemented.
|
Transfers and other changes to tenure rights and duties
13. Land consolidation and other readjustment approaches |
13.5
States should establish strategies for readjustment approaches that fit particular local requirements. Such strategies should be socially, economically and environmentally sustainable, and gender sensitive.
Strategies should identify the principles and objectives of the readjustment approaches; the beneficiaries; and the development of capacity and knowledge in the public sector, the private sector, organizations of
farmers and small-scale producers, of fishers, and of forest users, and academia. Laws should establish clear and cost-effective procedures for the reorganization of parcels or holdings and their uses
|
Right to a healthy environment |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
29
1. Indigenous peoples have the right to the conservation and protection of the environment and the productive capacity of their lands or territories and resources. States shall establish and implement assistance programmes for
indigenous peoples for such conservation and protection, without discrimination.
2. States shall take effective measures to ensure that no storage or disposal of hazardous materials shall take place in the lands or territories of indigenous peoples without their free, prior and informed consent.
3. States shall also take effective measures to ensure, as needed, that programmes for monitoring, maintaining and restoring the health of indigenous peoples, as developed and implemented by the peoples affected by such materials,
are duly implemented.
|
Transfers and other changes to tenure rights and duties
13. Land consolidation and other readjustment approaches |
13.6
States should establish appropriate safeguards in projects using
readjustment approaches. Any individuals, communities or peoples likely
to be affected by a project should be contacted and provided with sufficient
information in applicable languages. Technical and legal support should
be provided. Participatory and gender-sensitive approaches should be
used taking into account rights of indigenous peoples. Environmental safeguards should be established to prevent or minimize degradation and
loss of biodiversity and reward changes that foster good land management, best practices and reclamation
|
Right to a healthy environment |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
29
1. Indigenous peoples have the right to the conservation and protection of the environment and the productive capacity of their lands or territories and resources. States shall establish and implement assistance programmes for
indigenous peoples for such conservation and protection, without discrimination.
2. States shall take effective measures to ensure that no storage or disposal of hazardous materials shall take place in the lands or territories of indigenous peoples without their free, prior and informed consent.
3. States shall also take effective measures to ensure, as needed, that programmes for monitoring, maintaining and restoring the health of indigenous peoples, as developed and implemented by the peoples affected by such materials,
are duly implemented.
|
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 a healthy environment |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
29
1. Indigenous peoples have the right to the conservation and protection of the environment and the productive capacity of their lands or territories and resources. States shall establish and implement assistance programmes for
indigenous peoples for such conservation and protection, without discrimination.
2. States shall take effective measures to ensure that no storage or disposal of hazardous materials shall take place in the lands or territories of indigenous peoples without their free, prior and informed consent.
3. States shall also take effective measures to ensure, as needed, that programmes for monitoring, maintaining and restoring the health of indigenous peoples, as developed and implemented by the peoples affected by such materials,
are duly implemented.
|
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 a healthy environment |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
29
1. Indigenous peoples have the right to the conservation and protection of the environment and the productive capacity of their lands or territories and resources. States shall establish and implement assistance programmes for
indigenous peoples for such conservation and protection, without discrimination.
2. States shall take effective measures to ensure that no storage or disposal of hazardous materials shall take place in the lands or territories of indigenous peoples without their free, prior and informed consent.
3. States shall also take effective measures to ensure, as needed, that programmes for monitoring, maintaining and restoring the health of indigenous peoples, as developed and implemented by the peoples affected by such materials,
are duly implemented.
|
Administration of tenure
18. Valuation |
18.2
Policies and laws related to valuation should strive to ensure that valuation systems take into account non-market values, such as social, cultural, religious, spiritual and environmental values where applicable
|
Right to a healthy environment |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
29
1. Indigenous peoples have the right to the conservation and protection of the environment and the productive capacity of their lands or territories and resources. States shall establish and implement assistance programmes for
indigenous peoples for such conservation and protection, without discrimination.
2. States shall take effective measures to ensure that no storage or disposal of hazardous materials shall take place in the lands or territories of indigenous peoples without their free, prior and informed consent.
3. States shall also take effective measures to ensure, as needed, that programmes for monitoring, maintaining and restoring the health of indigenous peoples, as developed and implemented by the peoples affected by such materials,
are duly implemented.
|
Administration of tenure
20. Regulated spatial planning |
20.5
Spatial planning should take duly into account the need to promote diversified sustainable management of land, fisheries and forests, including agro-ecological approaches and sustainable intensification, and
to meet the challenges of climate change and food security.
|
Right to a healthy environment |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
29
1. Indigenous peoples have the right to the conservation and protection of the environment and the productive capacity of their lands or territories and resources. States shall establish and implement assistance programmes for
indigenous peoples for such conservation and protection, without discrimination.
2. States shall take effective measures to ensure that no storage or disposal of hazardous materials shall take place in the lands or territories of indigenous peoples without their free, prior and informed consent.
3. States shall also take effective measures to ensure, as needed, that programmes for monitoring, maintaining and restoring the health of indigenous peoples, as developed and implemented by the peoples affected by such materials,
are duly implemented.
|
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 a healthy environment |
ILO C169
Indigenous and Tribal Peoples Convention, 1989 (no.169) – ILO 169 |
7.3 & 7.4
3. Governments shall ensure that, whenever appropriate, studies are carried out, in co-operation with the peoples concerned, to assess the social, spiritual, cultural and environmental impact on them of planned development activities. The results of these studies shall be considered as fundamental criteria for the implementation of these activities.
4. Governments shall take measures, in co-operation with the peoples concerned, to protect and preserve the environment of the territories they inhabit.
|
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 a healthy environment |
ILO C169
Indigenous and Tribal Peoples Convention, 1989 (no.169) – ILO 169 |
7.3 & 7.4
3. Governments shall ensure that, whenever appropriate, studies are carried out, in co-operation with the peoples concerned, to assess the social, spiritual, cultural and environmental impact on them of planned development activities. The results of these studies shall be considered as fundamental criteria for the implementation of these activities.
4. Governments shall take measures, in co-operation with the peoples concerned, to protect and preserve the environment of the territories they inhabit.
|
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 a healthy environment |
ILO C169
Indigenous and Tribal Peoples Convention, 1989 (no.169) – ILO 169 |
7.3 & 7.4
3. Governments shall ensure that, whenever appropriate, studies are carried out, in co-operation with the peoples concerned, to assess the social, spiritual, cultural and environmental impact on them of planned development activities. The results of these studies shall be considered as fundamental criteria for the implementation of these activities.
4. Governments shall take measures, in co-operation with the peoples concerned, to protect and preserve the environment of the territories they inhabit.
|
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 a healthy environment |
ILO C169
Indigenous and Tribal Peoples Convention, 1989 (no.169) – ILO 169 |
7.3 & 7.4
3. Governments shall ensure that, whenever appropriate, studies are carried out, in co-operation with the peoples concerned, to assess the social, spiritual, cultural and environmental impact on them of planned development activities. The results of these studies shall be considered as fundamental criteria for the implementation of these activities.
4. Governments shall take measures, in co-operation with the peoples concerned, to protect and preserve the environment of the territories they inhabit.
|
General matters
5. Policy, legal and organizational frameworks related to tenure |
5.9
States should recognize that policies and laws on tenure rights operate in the broader political, legal, social, cultural, religious, economic and environmental contexts. Where the broader contexts change, and where reforms to tenure are therefore required, States should seek to develop national consensus on proposed reforms.
|
Right to a healthy environment |
ILO C169
Indigenous and Tribal Peoples Convention, 1989 (no.169) – ILO 169 |
7.3 & 7.4
3. Governments shall ensure that, whenever appropriate, studies are carried out, in co-operation with the peoples concerned, to assess the social, spiritual, cultural and environmental impact on them of planned development activities. The results of these studies shall be considered as fundamental criteria for the implementation of these activities.
4. Governments shall take measures, in co-operation with the peoples concerned, to protect and preserve the environment of the territories they inhabit.
|
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 a healthy environment |
ILO C169
Indigenous and Tribal Peoples Convention, 1989 (no.169) – ILO 169 |
7.3 & 7.4
3. Governments shall ensure that, whenever appropriate, studies are carried out, in co-operation with the peoples concerned, to assess the social, spiritual, cultural and environmental impact on them of planned development activities. The results of these studies shall be considered as fundamental criteria for the implementation of these activities.
4. Governments shall take measures, in co-operation with the peoples concerned, to protect and preserve the environment of the territories they inhabit.
|
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 a healthy environment |
ILO C169
Indigenous and Tribal Peoples Convention, 1989 (no.169) – ILO 169 |
7.3 & 7.4
3. Governments shall ensure that, whenever appropriate, studies are carried out, in co-operation with the peoples concerned, to assess the social, spiritual, cultural and environmental impact on them of planned development activities. The results of these studies shall be considered as fundamental criteria for the implementation of these activities.
4. Governments shall take measures, in co-operation with the peoples concerned, to protect and preserve the environment of the territories they inhabit.
|
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 a healthy environment |
ILO C169
Indigenous and Tribal Peoples Convention, 1989 (no.169) – ILO 169 |
7.3 & 7.4
3. Governments shall ensure that, whenever appropriate, studies are carried out, in co-operation with the peoples concerned, to assess the social, spiritual, cultural and environmental impact on them of planned development activities. The results of these studies shall be considered as fundamental criteria for the implementation of these activities.
4. Governments shall take measures, in co-operation with the peoples concerned, to protect and preserve the environment of the territories they inhabit.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.11
States should monitor the outcome of allocation programmes, including the gender-differentiated impacts on food security and poverty eradication as well as their impacts on social, economic and environmental objectives, and introduce corrective measures as required.
|
Right to a healthy environment |
ILO C169
Indigenous and Tribal Peoples Convention, 1989 (no.169) – ILO 169 |
7.3 & 7.4
3. Governments shall ensure that, whenever appropriate, studies are carried out, in co-operation with the peoples concerned, to assess the social, spiritual, cultural and environmental impact on them of planned development activities. The results of these studies shall be considered as fundamental criteria for the implementation of these activities.
4. Governments shall take measures, in co-operation with the peoples concerned, to protect and preserve the environment of the territories they inhabit.
|
Legal recognition and allocation of tenure rights and duties
9. Indigenous peoples and other communities with customary tenure systems |
9.1
State and non-state actors should acknowledge that land, fisheries and forests have social, cultural, spiritual, economic, environmental and political value to indigenous peoples and other communities with customary tenure systems.
|
Right to a healthy environment |
ILO C169
Indigenous and Tribal Peoples Convention, 1989 (no.169) – ILO 169 |
7.3 & 7.4
3. Governments shall ensure that, whenever appropriate, studies are carried out, in co-operation with the peoples concerned, to assess the social, spiritual, cultural and environmental impact on them of planned development activities. The results of these studies shall be considered as fundamental criteria for the implementation of these activities.
4. Governments shall take measures, in co-operation with the peoples concerned, to protect and preserve the environment of the territories they inhabit.
|
Legal recognition and allocation of tenure rights and duties
9. Indigenous peoples and other communities with customary tenure systems |
9.7
States should, in drafting tenure policies and laws, take into account the social, cultural, spiritual, economic and environmental values of land, fisheries and forests held under tenure systems of indigenous peoples and other communities with customary tenure systems. There should be full and effective participation of all members or representatives of affected communities, including vulnerable and marginalized members, when
developing policies and laws related to tenure systems of indigenous peoples and other communities with customary tenure systems
|
Right to a healthy environment |
ILO C169
Indigenous and Tribal Peoples Convention, 1989 (no.169) – ILO 169 |
7.3 & 7.4
3. Governments shall ensure that, whenever appropriate, studies are carried out, in co-operation with the peoples concerned, to assess the social, spiritual, cultural and environmental impact on them of planned development activities. The results of these studies shall be considered as fundamental criteria for the implementation of these activities.
4. Governments shall take measures, in co-operation with the peoples concerned, to protect and preserve the environment of the territories they inhabit.
|
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 a healthy environment |
ILO C169
Indigenous and Tribal Peoples Convention, 1989 (no.169) – ILO 169 |
7.3 & 7.4
3. Governments shall ensure that, whenever appropriate, studies are carried out, in co-operation with the peoples concerned, to assess the social, spiritual, cultural and environmental impact on them of planned development activities. The results of these studies shall be considered as fundamental criteria for the implementation of these activities.
4. Governments shall take measures, in co-operation with the peoples concerned, to protect and preserve the environment of the territories they inhabit.
|
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 a healthy environment |
ILO C169
Indigenous and Tribal Peoples Convention, 1989 (no.169) – ILO 169 |
7.3 & 7.4
3. Governments shall ensure that, whenever appropriate, studies are carried out, in co-operation with the peoples concerned, to assess the social, spiritual, cultural and environmental impact on them of planned development activities. The results of these studies shall be considered as fundamental criteria for the implementation of these activities.
4. Governments shall take measures, in co-operation with the peoples concerned, to protect and preserve the environment of the territories they inhabit.
|
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 a healthy environment |
ILO C169
Indigenous and Tribal Peoples Convention, 1989 (no.169) – ILO 169 |
7.3 & 7.4
3. Governments shall ensure that, whenever appropriate, studies are carried out, in co-operation with the peoples concerned, to assess the social, spiritual, cultural and environmental impact on them of planned development activities. The results of these studies shall be considered as fundamental criteria for the implementation of these activities.
4. Governments shall take measures, in co-operation with the peoples concerned, to protect and preserve the environment of the territories they inhabit.
|
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 a healthy environment |
ILO C169
Indigenous and Tribal Peoples Convention, 1989 (no.169) – ILO 169 |
7.3 & 7.4
3. Governments shall ensure that, whenever appropriate, studies are carried out, in co-operation with the peoples concerned, to assess the social, spiritual, cultural and environmental impact on them of planned development activities. The results of these studies shall be considered as fundamental criteria for the implementation of these activities.
4. Governments shall take measures, in co-operation with the peoples concerned, to protect and preserve the environment of the territories they inhabit.
|
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 a healthy environment |
ILO C169
Indigenous and Tribal Peoples Convention, 1989 (no.169) – ILO 169 |
7.3 & 7.4
3. Governments shall ensure that, whenever appropriate, studies are carried out, in co-operation with the peoples concerned, to assess the social, spiritual, cultural and environmental impact on them of planned development activities. The results of these studies shall be considered as fundamental criteria for the implementation of these activities.
4. Governments shall take measures, in co-operation with the peoples concerned, to protect and preserve the environment of the territories they inhabit.
|
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 a healthy environment |
ILO C169
Indigenous and Tribal Peoples Convention, 1989 (no.169) – ILO 169 |
7.3 & 7.4
3. Governments shall ensure that, whenever appropriate, studies are carried out, in co-operation with the peoples concerned, to assess the social, spiritual, cultural and environmental impact on them of planned development activities. The results of these studies shall be considered as fundamental criteria for the implementation of these activities.
4. Governments shall take measures, in co-operation with the peoples concerned, to protect and preserve the environment of the territories they inhabit.
|
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 a healthy environment |
ILO C169
Indigenous and Tribal Peoples Convention, 1989 (no.169) – ILO 169 |
7.3 & 7.4
3. Governments shall ensure that, whenever appropriate, studies are carried out, in co-operation with the peoples concerned, to assess the social, spiritual, cultural and environmental impact on them of planned development activities. The results of these studies shall be considered as fundamental criteria for the implementation of these activities.
4. Governments shall take measures, in co-operation with the peoples concerned, to protect and preserve the environment of the territories they inhabit.
|
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 a healthy environment |
ILO C169
Indigenous and Tribal Peoples Convention, 1989 (no.169) – ILO 169 |
7.3 & 7.4
3. Governments shall ensure that, whenever appropriate, studies are carried out, in co-operation with the peoples concerned, to assess the social, spiritual, cultural and environmental impact on them of planned development activities. The results of these studies shall be considered as fundamental criteria for the implementation of these activities.
4. Governments shall take measures, in co-operation with the peoples concerned, to protect and preserve the environment of the territories they inhabit.
|
Transfers and other changes to tenure rights and duties
13. Land consolidation and other readjustment approaches |
13.5
States should establish strategies for readjustment approaches that fit particular local requirements. Such strategies should be socially, economically and environmentally sustainable, and gender sensitive.
Strategies should identify the principles and objectives of the readjustment approaches; the beneficiaries; and the development of capacity and knowledge in the public sector, the private sector, organizations of
farmers and small-scale producers, of fishers, and of forest users, and academia. Laws should establish clear and cost-effective procedures for the reorganization of parcels or holdings and their uses
|
Right to a healthy environment |
ILO C169
Indigenous and Tribal Peoples Convention, 1989 (no.169) – ILO 169 |
7.3 & 7.4
3. Governments shall ensure that, whenever appropriate, studies are carried out, in co-operation with the peoples concerned, to assess the social, spiritual, cultural and environmental impact on them of planned development activities. The results of these studies shall be considered as fundamental criteria for the implementation of these activities.
4. Governments shall take measures, in co-operation with the peoples concerned, to protect and preserve the environment of the territories they inhabit.
|
Transfers and other changes to tenure rights and duties
13. Land consolidation and other readjustment approaches |
13.6
States should establish appropriate safeguards in projects using
readjustment approaches. Any individuals, communities or peoples likely
to be affected by a project should be contacted and provided with sufficient
information in applicable languages. Technical and legal support should
be provided. Participatory and gender-sensitive approaches should be
used taking into account rights of indigenous peoples. Environmental safeguards should be established to prevent or minimize degradation and
loss of biodiversity and reward changes that foster good land management, best practices and reclamation
|
Right to a healthy environment |
ILO C169
Indigenous and Tribal Peoples Convention, 1989 (no.169) – ILO 169 |
7.3 & 7.4
3. Governments shall ensure that, whenever appropriate, studies are carried out, in co-operation with the peoples concerned, to assess the social, spiritual, cultural and environmental impact on them of planned development activities. The results of these studies shall be considered as fundamental criteria for the implementation of these activities.
4. Governments shall take measures, in co-operation with the peoples concerned, to protect and preserve the environment of the territories they inhabit.
|
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 a healthy environment |
ILO C169
Indigenous and Tribal Peoples Convention, 1989 (no.169) – ILO 169 |
7.3 & 7.4
3. Governments shall ensure that, whenever appropriate, studies are carried out, in co-operation with the peoples concerned, to assess the social, spiritual, cultural and environmental impact on them of planned development activities. The results of these studies shall be considered as fundamental criteria for the implementation of these activities.
4. Governments shall take measures, in co-operation with the peoples concerned, to protect and preserve the environment of the territories they inhabit.
|
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 a healthy environment |
ILO C169
Indigenous and Tribal Peoples Convention, 1989 (no.169) – ILO 169 |
7.3 & 7.4
3. Governments shall ensure that, whenever appropriate, studies are carried out, in co-operation with the peoples concerned, to assess the social, spiritual, cultural and environmental impact on them of planned development activities. The results of these studies shall be considered as fundamental criteria for the implementation of these activities.
4. Governments shall take measures, in co-operation with the peoples concerned, to protect and preserve the environment of the territories they inhabit.
|
Administration of tenure
18. Valuation |
18.2
Policies and laws related to valuation should strive to ensure that valuation systems take into account non-market values, such as social, cultural, religious, spiritual and environmental values where applicable
|
Right to a healthy environment |
ILO C169
Indigenous and Tribal Peoples Convention, 1989 (no.169) – ILO 169 |
7.3 & 7.4
3. Governments shall ensure that, whenever appropriate, studies are carried out, in co-operation with the peoples concerned, to assess the social, spiritual, cultural and environmental impact on them of planned development activities. The results of these studies shall be considered as fundamental criteria for the implementation of these activities.
4. Governments shall take measures, in co-operation with the peoples concerned, to protect and preserve the environment of the territories they inhabit.
|
Administration of tenure
20. Regulated spatial planning |
20.5
Spatial planning should take duly into account the need to promote diversified sustainable management of land, fisheries and forests, including agro-ecological approaches and sustainable intensification, and
to meet the challenges of climate change and food security.
|
Right to a healthy environment |
ILO C169
Indigenous and Tribal Peoples Convention, 1989 (no.169) – ILO 169 |
7.3 & 7.4
3. Governments shall ensure that, whenever appropriate, studies are carried out, in co-operation with the peoples concerned, to assess the social, spiritual, cultural and environmental impact on them of planned development activities. The results of these studies shall be considered as fundamental criteria for the implementation of these activities.
4. Governments shall take measures, in co-operation with the peoples concerned, to protect and preserve the environment of the territories they inhabit.
|
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 a healthy environment |
Protocol of San Salvador
Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural rights (Protocol of San Salvador) |
11
1. Everyone shall have the right to live in a healthy environment and to have access to basic public services.
2. The States Parties shall promote the protection, preservation, and improvement of the environment.
|
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 a healthy environment |
Protocol of San Salvador
Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural rights (Protocol of San Salvador) |
11
1. Everyone shall have the right to live in a healthy environment and to have access to basic public services.
2. The States Parties shall promote the protection, preservation, and improvement of the environment.
|
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 a healthy environment |
Protocol of San Salvador
Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural rights (Protocol of San Salvador) |
11
1. Everyone shall have the right to live in a healthy environment and to have access to basic public services.
2. The States Parties shall promote the protection, preservation, and improvement of the environment.
|
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 a healthy environment |
Protocol of San Salvador
Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural rights (Protocol of San Salvador) |
11
1. Everyone shall have the right to live in a healthy environment and to have access to basic public services.
2. The States Parties shall promote the protection, preservation, and improvement of the environment.
|
General matters
5. Policy, legal and organizational frameworks related to tenure |
5.9
States should recognize that policies and laws on tenure rights operate in the broader political, legal, social, cultural, religious, economic and environmental contexts. Where the broader contexts change, and where reforms to tenure are therefore required, States should seek to develop national consensus on proposed reforms.
|
Right to a healthy environment |
Protocol of San Salvador
Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural rights (Protocol of San Salvador) |
11
1. Everyone shall have the right to live in a healthy environment and to have access to basic public services.
2. The States Parties shall promote the protection, preservation, and improvement of the environment.
|
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 a healthy environment |
Protocol of San Salvador
Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural rights (Protocol of San Salvador) |
11
1. Everyone shall have the right to live in a healthy environment and to have access to basic public services.
2. The States Parties shall promote the protection, preservation, and improvement of the environment.
|
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 a healthy environment |
Protocol of San Salvador
Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural rights (Protocol of San Salvador) |
11
1. Everyone shall have the right to live in a healthy environment and to have access to basic public services.
2. The States Parties shall promote the protection, preservation, and improvement of the environment.
|
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 a healthy environment |
Protocol of San Salvador
Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural rights (Protocol of San Salvador) |
11
1. Everyone shall have the right to live in a healthy environment and to have access to basic public services.
2. The States Parties shall promote the protection, preservation, and improvement of the environment.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.11
States should monitor the outcome of allocation programmes, including the gender-differentiated impacts on food security and poverty eradication as well as their impacts on social, economic and environmental objectives, and introduce corrective measures as required.
|
Right to a healthy environment |
Protocol of San Salvador
Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural rights (Protocol of San Salvador) |
11
1. Everyone shall have the right to live in a healthy environment and to have access to basic public services.
2. The States Parties shall promote the protection, preservation, and improvement of the environment.
|
Legal recognition and allocation of tenure rights and duties
9. Indigenous peoples and other communities with customary tenure systems |
9.1
State and non-state actors should acknowledge that land, fisheries and forests have social, cultural, spiritual, economic, environmental and political value to indigenous peoples and other communities with customary tenure systems.
|
Right to a healthy environment |
Protocol of San Salvador
Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural rights (Protocol of San Salvador) |
11
1. Everyone shall have the right to live in a healthy environment and to have access to basic public services.
2. The States Parties shall promote the protection, preservation, and improvement of the environment.
|
Legal recognition and allocation of tenure rights and duties
9. Indigenous peoples and other communities with customary tenure systems |
9.7
States should, in drafting tenure policies and laws, take into account the social, cultural, spiritual, economic and environmental values of land, fisheries and forests held under tenure systems of indigenous peoples and other communities with customary tenure systems. There should be full and effective participation of all members or representatives of affected communities, including vulnerable and marginalized members, when
developing policies and laws related to tenure systems of indigenous peoples and other communities with customary tenure systems
|
Right to a healthy environment |
Protocol of San Salvador
Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural rights (Protocol of San Salvador) |
11
1. Everyone shall have the right to live in a healthy environment and to have access to basic public services.
2. The States Parties shall promote the protection, preservation, and improvement of the environment.
|
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 a healthy environment |
Protocol of San Salvador
Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural rights (Protocol of San Salvador) |
11
1. Everyone shall have the right to live in a healthy environment and to have access to basic public services.
2. The States Parties shall promote the protection, preservation, and improvement of the environment.
|
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 a healthy environment |
Protocol of San Salvador
Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural rights (Protocol of San Salvador) |
11
1. Everyone shall have the right to live in a healthy environment and to have access to basic public services.
2. The States Parties shall promote the protection, preservation, and improvement of the environment.
|
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 a healthy environment |
Protocol of San Salvador
Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural rights (Protocol of San Salvador) |
11
1. Everyone shall have the right to live in a healthy environment and to have access to basic public services.
2. The States Parties shall promote the protection, preservation, and improvement of the environment.
|
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 a healthy environment |
Protocol of San Salvador
Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural rights (Protocol of San Salvador) |
11
1. Everyone shall have the right to live in a healthy environment and to have access to basic public services.
2. The States Parties shall promote the protection, preservation, and improvement of the environment.
|
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 a healthy environment |
Protocol of San Salvador
Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural rights (Protocol of San Salvador) |
11
1. Everyone shall have the right to live in a healthy environment and to have access to basic public services.
2. The States Parties shall promote the protection, preservation, and improvement of the environment.
|
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 a healthy environment |
Protocol of San Salvador
Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural rights (Protocol of San Salvador) |
11
1. Everyone shall have the right to live in a healthy environment and to have access to basic public services.
2. The States Parties shall promote the protection, preservation, and improvement of the environment.
|
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 a healthy environment |
Protocol of San Salvador
Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural rights (Protocol of San Salvador) |
11
1. Everyone shall have the right to live in a healthy environment and to have access to basic public services.
2. The States Parties shall promote the protection, preservation, and improvement of the environment.
|
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 a healthy environment |
Protocol of San Salvador
Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural rights (Protocol of San Salvador) |
11
1. Everyone shall have the right to live in a healthy environment and to have access to basic public services.
2. The States Parties shall promote the protection, preservation, and improvement of the environment.
|
Transfers and other changes to tenure rights and duties
13. Land consolidation and other readjustment approaches |
13.5
States should establish strategies for readjustment approaches that fit particular local requirements. Such strategies should be socially, economically and environmentally sustainable, and gender sensitive.
Strategies should identify the principles and objectives of the readjustment approaches; the beneficiaries; and the development of capacity and knowledge in the public sector, the private sector, organizations of
farmers and small-scale producers, of fishers, and of forest users, and academia. Laws should establish clear and cost-effective procedures for the reorganization of parcels or holdings and their uses
|
Right to a healthy environment |
Protocol of San Salvador
Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural rights (Protocol of San Salvador) |
11
1. Everyone shall have the right to live in a healthy environment and to have access to basic public services.
2. The States Parties shall promote the protection, preservation, and improvement of the environment.
|
Transfers and other changes to tenure rights and duties
13. Land consolidation and other readjustment approaches |
13.6
States should establish appropriate safeguards in projects using
readjustment approaches. Any individuals, communities or peoples likely
to be affected by a project should be contacted and provided with sufficient
information in applicable languages. Technical and legal support should
be provided. Participatory and gender-sensitive approaches should be
used taking into account rights of indigenous peoples. Environmental safeguards should be established to prevent or minimize degradation and
loss of biodiversity and reward changes that foster good land management, best practices and reclamation
|
Right to a healthy environment |
Protocol of San Salvador
Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural rights (Protocol of San Salvador) |
11
1. Everyone shall have the right to live in a healthy environment and to have access to basic public services.
2. The States Parties shall promote the protection, preservation, and improvement of the environment.
|
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 a healthy environment |
Protocol of San Salvador
Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural rights (Protocol of San Salvador) |
11
1. Everyone shall have the right to live in a healthy environment and to have access to basic public services.
2. The States Parties shall promote the protection, preservation, and improvement of the environment.
|
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 a healthy environment |
Protocol of San Salvador
Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural rights (Protocol of San Salvador) |
11
1. Everyone shall have the right to live in a healthy environment and to have access to basic public services.
2. The States Parties shall promote the protection, preservation, and improvement of the environment.
|
Administration of tenure
18. Valuation |
18.2
Policies and laws related to valuation should strive to ensure that valuation systems take into account non-market values, such as social, cultural, religious, spiritual and environmental values where applicable
|
Right to a healthy environment |
Protocol of San Salvador
Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural rights (Protocol of San Salvador) |
11
1. Everyone shall have the right to live in a healthy environment and to have access to basic public services.
2. The States Parties shall promote the protection, preservation, and improvement of the environment.
|
Administration of tenure
20. Regulated spatial planning |
20.5
Spatial planning should take duly into account the need to promote diversified sustainable management of land, fisheries and forests, including agro-ecological approaches and sustainable intensification, and
to meet the challenges of climate change and food security.
|
Right to a healthy environment |
Protocol of San Salvador
Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural rights (Protocol of San Salvador) |
11
1. Everyone shall have the right to live in a healthy environment and to have access to basic public services.
2. The States Parties shall promote the protection, preservation, and improvement of the environment.
|
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 a healthy environment |
Escazu Agreement
Regional Agreement on Access to Information, Public Participation and Justice in Environmental Matters in Latin America and the Caribbean |
1
The objective of the present Agreement is to guarantee the full and effective implementation in Latin America and the Caribbean of the rights of access to environmental information, public participation in the environmental decision-making process and access to justice in environmental matters, and the creation and strengthening of capacities and cooperation, contributing to the protection of the right of every person of present and future generations to live in a healthy environment and to sustainable 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 a healthy environment |
Escazu Agreement
Regional Agreement on Access to Information, Public Participation and Justice in Environmental Matters in Latin America and the Caribbean |
1
The objective of the present Agreement is to guarantee the full and effective implementation in Latin America and the Caribbean of the rights of access to environmental information, public participation in the environmental decision-making process and access to justice in environmental matters, and the creation and strengthening of capacities and cooperation, contributing to the protection of the right of every person of present and future generations to live in a healthy environment and to sustainable 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 a healthy environment |
Escazu Agreement
Regional Agreement on Access to Information, Public Participation and Justice in Environmental Matters in Latin America and the Caribbean |
1
The objective of the present Agreement is to guarantee the full and effective implementation in Latin America and the Caribbean of the rights of access to environmental information, public participation in the environmental decision-making process and access to justice in environmental matters, and the creation and strengthening of capacities and cooperation, contributing to the protection of the right of every person of present and future generations to live in a healthy environment and to sustainable 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 a healthy environment |
Escazu Agreement
Regional Agreement on Access to Information, Public Participation and Justice in Environmental Matters in Latin America and the Caribbean |
1
The objective of the present Agreement is to guarantee the full and effective implementation in Latin America and the Caribbean of the rights of access to environmental information, public participation in the environmental decision-making process and access to justice in environmental matters, and the creation and strengthening of capacities and cooperation, contributing to the protection of the right of every person of present and future generations to live in a healthy environment and to sustainable development.
|
General matters
5. Policy, legal and organizational frameworks related to tenure |
5.9
States should recognize that policies and laws on tenure rights operate in the broader political, legal, social, cultural, religious, economic and environmental contexts. Where the broader contexts change, and where reforms to tenure are therefore required, States should seek to develop national consensus on proposed reforms.
|
Right to a healthy environment |
Escazu Agreement
Regional Agreement on Access to Information, Public Participation and Justice in Environmental Matters in Latin America and the Caribbean |
1
The objective of the present Agreement is to guarantee the full and effective implementation in Latin America and the Caribbean of the rights of access to environmental information, public participation in the environmental decision-making process and access to justice in environmental matters, and the creation and strengthening of capacities and cooperation, contributing to the protection of the right of every person of present and future generations to live in a healthy environment and to sustainable development.
|
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 a healthy environment |
Escazu Agreement
Regional Agreement on Access to Information, Public Participation and Justice in Environmental Matters in Latin America and the Caribbean |
1
The objective of the present Agreement is to guarantee the full and effective implementation in Latin America and the Caribbean of the rights of access to environmental information, public participation in the environmental decision-making process and access to justice in environmental matters, and the creation and strengthening of capacities and cooperation, contributing to the protection of the right of every person of present and future generations to live in a healthy environment and to sustainable 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 a healthy environment |
Escazu Agreement
Regional Agreement on Access to Information, Public Participation and Justice in Environmental Matters in Latin America and the Caribbean |
1
The objective of the present Agreement is to guarantee the full and effective implementation in Latin America and the Caribbean of the rights of access to environmental information, public participation in the environmental decision-making process and access to justice in environmental matters, and the creation and strengthening of capacities and cooperation, contributing to the protection of the right of every person of present and future generations to live in a healthy environment and to sustainable 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 a healthy environment |
Escazu Agreement
Regional Agreement on Access to Information, Public Participation and Justice in Environmental Matters in Latin America and the Caribbean |
1
The objective of the present Agreement is to guarantee the full and effective implementation in Latin America and the Caribbean of the rights of access to environmental information, public participation in the environmental decision-making process and access to justice in environmental matters, and the creation and strengthening of capacities and cooperation, contributing to the protection of the right of every person of present and future generations to live in a healthy environment and to sustainable development.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.11
States should monitor the outcome of allocation programmes, including the gender-differentiated impacts on food security and poverty eradication as well as their impacts on social, economic and environmental objectives, and introduce corrective measures as required.
|
Right to a healthy environment |
Escazu Agreement
Regional Agreement on Access to Information, Public Participation and Justice in Environmental Matters in Latin America and the Caribbean |
1
The objective of the present Agreement is to guarantee the full and effective implementation in Latin America and the Caribbean of the rights of access to environmental information, public participation in the environmental decision-making process and access to justice in environmental matters, and the creation and strengthening of capacities and cooperation, contributing to the protection of the right of every person of present and future generations to live in a healthy environment and to sustainable development.
|
Legal recognition and allocation of tenure rights and duties
9. Indigenous peoples and other communities with customary tenure systems |
9.1
State and non-state actors should acknowledge that land, fisheries and forests have social, cultural, spiritual, economic, environmental and political value to indigenous peoples and other communities with customary tenure systems.
|
Right to a healthy environment |
Escazu Agreement
Regional Agreement on Access to Information, Public Participation and Justice in Environmental Matters in Latin America and the Caribbean |
1
The objective of the present Agreement is to guarantee the full and effective implementation in Latin America and the Caribbean of the rights of access to environmental information, public participation in the environmental decision-making process and access to justice in environmental matters, and the creation and strengthening of capacities and cooperation, contributing to the protection of the right of every person of present and future generations to live in a healthy environment and to sustainable development.
|
Legal recognition and allocation of tenure rights and duties
9. Indigenous peoples and other communities with customary tenure systems |
9.7
States should, in drafting tenure policies and laws, take into account the social, cultural, spiritual, economic and environmental values of land, fisheries and forests held under tenure systems of indigenous peoples and other communities with customary tenure systems. There should be full and effective participation of all members or representatives of affected communities, including vulnerable and marginalized members, when
developing policies and laws related to tenure systems of indigenous peoples and other communities with customary tenure systems
|
Right to a healthy environment |
Escazu Agreement
Regional Agreement on Access to Information, Public Participation and Justice in Environmental Matters in Latin America and the Caribbean |
1
The objective of the present Agreement is to guarantee the full and effective implementation in Latin America and the Caribbean of the rights of access to environmental information, public participation in the environmental decision-making process and access to justice in environmental matters, and the creation and strengthening of capacities and cooperation, contributing to the protection of the right of every person of present and future generations to live in a healthy environment and to sustainable development.
|
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 a healthy environment |
Escazu Agreement
Regional Agreement on Access to Information, Public Participation and Justice in Environmental Matters in Latin America and the Caribbean |
1
The objective of the present Agreement is to guarantee the full and effective implementation in Latin America and the Caribbean of the rights of access to environmental information, public participation in the environmental decision-making process and access to justice in environmental matters, and the creation and strengthening of capacities and cooperation, contributing to the protection of the right of every person of present and future generations to live in a healthy environment and to sustainable 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 a healthy environment |
Escazu Agreement
Regional Agreement on Access to Information, Public Participation and Justice in Environmental Matters in Latin America and the Caribbean |
1
The objective of the present Agreement is to guarantee the full and effective implementation in Latin America and the Caribbean of the rights of access to environmental information, public participation in the environmental decision-making process and access to justice in environmental matters, and the creation and strengthening of capacities and cooperation, contributing to the protection of the right of every person of present and future generations to live in a healthy environment and to sustainable 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 a healthy environment |
Escazu Agreement
Regional Agreement on Access to Information, Public Participation and Justice in Environmental Matters in Latin America and the Caribbean |
1
The objective of the present Agreement is to guarantee the full and effective implementation in Latin America and the Caribbean of the rights of access to environmental information, public participation in the environmental decision-making process and access to justice in environmental matters, and the creation and strengthening of capacities and cooperation, contributing to the protection of the right of every person of present and future generations to live in a healthy environment and to sustainable 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 a healthy environment |
Escazu Agreement
Regional Agreement on Access to Information, Public Participation and Justice in Environmental Matters in Latin America and the Caribbean |
1
The objective of the present Agreement is to guarantee the full and effective implementation in Latin America and the Caribbean of the rights of access to environmental information, public participation in the environmental decision-making process and access to justice in environmental matters, and the creation and strengthening of capacities and cooperation, contributing to the protection of the right of every person of present and future generations to live in a healthy environment and to sustainable 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 a healthy environment |
Escazu Agreement
Regional Agreement on Access to Information, Public Participation and Justice in Environmental Matters in Latin America and the Caribbean |
1
The objective of the present Agreement is to guarantee the full and effective implementation in Latin America and the Caribbean of the rights of access to environmental information, public participation in the environmental decision-making process and access to justice in environmental matters, and the creation and strengthening of capacities and cooperation, contributing to the protection of the right of every person of present and future generations to live in a healthy environment and to sustainable 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 a healthy environment |
Escazu Agreement
Regional Agreement on Access to Information, Public Participation and Justice in Environmental Matters in Latin America and the Caribbean |
1
The objective of the present Agreement is to guarantee the full and effective implementation in Latin America and the Caribbean of the rights of access to environmental information, public participation in the environmental decision-making process and access to justice in environmental matters, and the creation and strengthening of capacities and cooperation, contributing to the protection of the right of every person of present and future generations to live in a healthy environment and to sustainable 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 a healthy environment |
Escazu Agreement
Regional Agreement on Access to Information, Public Participation and Justice in Environmental Matters in Latin America and the Caribbean |
1
The objective of the present Agreement is to guarantee the full and effective implementation in Latin America and the Caribbean of the rights of access to environmental information, public participation in the environmental decision-making process and access to justice in environmental matters, and the creation and strengthening of capacities and cooperation, contributing to the protection of the right of every person of present and future generations to live in a healthy environment and to sustainable 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 a healthy environment |
Escazu Agreement
Regional Agreement on Access to Information, Public Participation and Justice in Environmental Matters in Latin America and the Caribbean |
1
The objective of the present Agreement is to guarantee the full and effective implementation in Latin America and the Caribbean of the rights of access to environmental information, public participation in the environmental decision-making process and access to justice in environmental matters, and the creation and strengthening of capacities and cooperation, contributing to the protection of the right of every person of present and future generations to live in a healthy environment and to sustainable development.
|
Transfers and other changes to tenure rights and duties
13. Land consolidation and other readjustment approaches |
13.5
States should establish strategies for readjustment approaches that fit particular local requirements. Such strategies should be socially, economically and environmentally sustainable, and gender sensitive.
Strategies should identify the principles and objectives of the readjustment approaches; the beneficiaries; and the development of capacity and knowledge in the public sector, the private sector, organizations of
farmers and small-scale producers, of fishers, and of forest users, and academia. Laws should establish clear and cost-effective procedures for the reorganization of parcels or holdings and their uses
|
Right to a healthy environment |
Escazu Agreement
Regional Agreement on Access to Information, Public Participation and Justice in Environmental Matters in Latin America and the Caribbean |
1
The objective of the present Agreement is to guarantee the full and effective implementation in Latin America and the Caribbean of the rights of access to environmental information, public participation in the environmental decision-making process and access to justice in environmental matters, and the creation and strengthening of capacities and cooperation, contributing to the protection of the right of every person of present and future generations to live in a healthy environment and to sustainable development.
|
Transfers and other changes to tenure rights and duties
13. Land consolidation and other readjustment approaches |
13.6
States should establish appropriate safeguards in projects using
readjustment approaches. Any individuals, communities or peoples likely
to be affected by a project should be contacted and provided with sufficient
information in applicable languages. Technical and legal support should
be provided. Participatory and gender-sensitive approaches should be
used taking into account rights of indigenous peoples. Environmental safeguards should be established to prevent or minimize degradation and
loss of biodiversity and reward changes that foster good land management, best practices and reclamation
|
Right to a healthy environment |
Escazu Agreement
Regional Agreement on Access to Information, Public Participation and Justice in Environmental Matters in Latin America and the Caribbean |
1
The objective of the present Agreement is to guarantee the full and effective implementation in Latin America and the Caribbean of the rights of access to environmental information, public participation in the environmental decision-making process and access to justice in environmental matters, and the creation and strengthening of capacities and cooperation, contributing to the protection of the right of every person of present and future generations to live in a healthy environment and to sustainable 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 a healthy environment |
Escazu Agreement
Regional Agreement on Access to Information, Public Participation and Justice in Environmental Matters in Latin America and the Caribbean |
1
The objective of the present Agreement is to guarantee the full and effective implementation in Latin America and the Caribbean of the rights of access to environmental information, public participation in the environmental decision-making process and access to justice in environmental matters, and the creation and strengthening of capacities and cooperation, contributing to the protection of the right of every person of present and future generations to live in a healthy environment and to sustainable 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 a healthy environment |
Escazu Agreement
Regional Agreement on Access to Information, Public Participation and Justice in Environmental Matters in Latin America and the Caribbean |
1
The objective of the present Agreement is to guarantee the full and effective implementation in Latin America and the Caribbean of the rights of access to environmental information, public participation in the environmental decision-making process and access to justice in environmental matters, and the creation and strengthening of capacities and cooperation, contributing to the protection of the right of every person of present and future generations to live in a healthy environment and to sustainable development.
|
Administration of tenure
18. Valuation |
18.2
Policies and laws related to valuation should strive to ensure that valuation systems take into account non-market values, such as social, cultural, religious, spiritual and environmental values where applicable
|
Right to a healthy environment |
Escazu Agreement
Regional Agreement on Access to Information, Public Participation and Justice in Environmental Matters in Latin America and the Caribbean |
1
The objective of the present Agreement is to guarantee the full and effective implementation in Latin America and the Caribbean of the rights of access to environmental information, public participation in the environmental decision-making process and access to justice in environmental matters, and the creation and strengthening of capacities and cooperation, contributing to the protection of the right of every person of present and future generations to live in a healthy environment and to sustainable development.
|
Administration of tenure
20. Regulated spatial planning |
20.5
Spatial planning should take duly into account the need to promote diversified sustainable management of land, fisheries and forests, including agro-ecological approaches and sustainable intensification, and
to meet the challenges of climate change and food security.
|
Right to a healthy environment |
Escazu Agreement
Regional Agreement on Access to Information, Public Participation and Justice in Environmental Matters in Latin America and the Caribbean |
1
The objective of the present Agreement is to guarantee the full and effective implementation in Latin America and the Caribbean of the rights of access to environmental information, public participation in the environmental decision-making process and access to justice in environmental matters, and the creation and strengthening of capacities and cooperation, contributing to the protection of the right of every person of present and future generations to live in a healthy environment and to sustainable 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 a healthy environment |
Escazu Agreement
Regional Agreement on Access to Information, Public Participation and Justice in Environmental Matters in Latin America and the Caribbean |
4,1
Each Party shall guarantee the right of every person to live in a healthy environment and any other universally-recognized human right related to the present Agreement.
|
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 a healthy environment |
Escazu Agreement
Regional Agreement on Access to Information, Public Participation and Justice in Environmental Matters in Latin America and the Caribbean |
4,1
Each Party shall guarantee the right of every person to live in a healthy environment and any other universally-recognized human right related to the present Agreement.
|
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 a healthy environment |
Escazu Agreement
Regional Agreement on Access to Information, Public Participation and Justice in Environmental Matters in Latin America and the Caribbean |
4,1
Each Party shall guarantee the right of every person to live in a healthy environment and any other universally-recognized human right related to the present Agreement.
|
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 a healthy environment |
Escazu Agreement
Regional Agreement on Access to Information, Public Participation and Justice in Environmental Matters in Latin America and the Caribbean |
4,1
Each Party shall guarantee the right of every person to live in a healthy environment and any other universally-recognized human right related to the present Agreement.
|
General matters
5. Policy, legal and organizational frameworks related to tenure |
5.9
States should recognize that policies and laws on tenure rights operate in the broader political, legal, social, cultural, religious, economic and environmental contexts. Where the broader contexts change, and where reforms to tenure are therefore required, States should seek to develop national consensus on proposed reforms.
|
Right to a healthy environment |
Escazu Agreement
Regional Agreement on Access to Information, Public Participation and Justice in Environmental Matters in Latin America and the Caribbean |
4,1
Each Party shall guarantee the right of every person to live in a healthy environment and any other universally-recognized human right related to the present Agreement.
|
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 a healthy environment |
Escazu Agreement
Regional Agreement on Access to Information, Public Participation and Justice in Environmental Matters in Latin America and the Caribbean |
4,1
Each Party shall guarantee the right of every person to live in a healthy environment and any other universally-recognized human right related to the present Agreement.
|
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 a healthy environment |
Escazu Agreement
Regional Agreement on Access to Information, Public Participation and Justice in Environmental Matters in Latin America and the Caribbean |
4,1
Each Party shall guarantee the right of every person to live in a healthy environment and any other universally-recognized human right related to the present Agreement.
|
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 a healthy environment |
Escazu Agreement
Regional Agreement on Access to Information, Public Participation and Justice in Environmental Matters in Latin America and the Caribbean |
4,1
Each Party shall guarantee the right of every person to live in a healthy environment and any other universally-recognized human right related to the present Agreement.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.11
States should monitor the outcome of allocation programmes, including the gender-differentiated impacts on food security and poverty eradication as well as their impacts on social, economic and environmental objectives, and introduce corrective measures as required.
|
Right to a healthy environment |
Escazu Agreement
Regional Agreement on Access to Information, Public Participation and Justice in Environmental Matters in Latin America and the Caribbean |
4,1
Each Party shall guarantee the right of every person to live in a healthy environment and any other universally-recognized human right related to the present Agreement.
|
Legal recognition and allocation of tenure rights and duties
9. Indigenous peoples and other communities with customary tenure systems |
9.1
State and non-state actors should acknowledge that land, fisheries and forests have social, cultural, spiritual, economic, environmental and political value to indigenous peoples and other communities with customary tenure systems.
|
Right to a healthy environment |
Escazu Agreement
Regional Agreement on Access to Information, Public Participation and Justice in Environmental Matters in Latin America and the Caribbean |
4,1
Each Party shall guarantee the right of every person to live in a healthy environment and any other universally-recognized human right related to the present Agreement.
|
Legal recognition and allocation of tenure rights and duties
9. Indigenous peoples and other communities with customary tenure systems |
9.7
States should, in drafting tenure policies and laws, take into account the social, cultural, spiritual, economic and environmental values of land, fisheries and forests held under tenure systems of indigenous peoples and other communities with customary tenure systems. There should be full and effective participation of all members or representatives of affected communities, including vulnerable and marginalized members, when
developing policies and laws related to tenure systems of indigenous peoples and other communities with customary tenure systems
|
Right to a healthy environment |
Escazu Agreement
Regional Agreement on Access to Information, Public Participation and Justice in Environmental Matters in Latin America and the Caribbean |
4,1
Each Party shall guarantee the right of every person to live in a healthy environment and any other universally-recognized human right related to the present Agreement.
|
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 a healthy environment |
Escazu Agreement
Regional Agreement on Access to Information, Public Participation and Justice in Environmental Matters in Latin America and the Caribbean |
4,1
Each Party shall guarantee the right of every person to live in a healthy environment and any other universally-recognized human right related to the present Agreement.
|
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 a healthy environment |
Escazu Agreement
Regional Agreement on Access to Information, Public Participation and Justice in Environmental Matters in Latin America and the Caribbean |
4,1
Each Party shall guarantee the right of every person to live in a healthy environment and any other universally-recognized human right related to the present Agreement.
|
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 a healthy environment |
Escazu Agreement
Regional Agreement on Access to Information, Public Participation and Justice in Environmental Matters in Latin America and the Caribbean |
4,1
Each Party shall guarantee the right of every person to live in a healthy environment and any other universally-recognized human right related to the present Agreement.
|
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 a healthy environment |
Escazu Agreement
Regional Agreement on Access to Information, Public Participation and Justice in Environmental Matters in Latin America and the Caribbean |
4,1
Each Party shall guarantee the right of every person to live in a healthy environment and any other universally-recognized human right related to the present Agreement.
|
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 a healthy environment |
Escazu Agreement
Regional Agreement on Access to Information, Public Participation and Justice in Environmental Matters in Latin America and the Caribbean |
4,1
Each Party shall guarantee the right of every person to live in a healthy environment and any other universally-recognized human right related to the present Agreement.
|
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 a healthy environment |
Escazu Agreement
Regional Agreement on Access to Information, Public Participation and Justice in Environmental Matters in Latin America and the Caribbean |
4,1
Each Party shall guarantee the right of every person to live in a healthy environment and any other universally-recognized human right related to the present Agreement.
|
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 a healthy environment |
Escazu Agreement
Regional Agreement on Access to Information, Public Participation and Justice in Environmental Matters in Latin America and the Caribbean |
4,1
Each Party shall guarantee the right of every person to live in a healthy environment and any other universally-recognized human right related to the present Agreement.
|
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 a healthy environment |
Escazu Agreement
Regional Agreement on Access to Information, Public Participation and Justice in Environmental Matters in Latin America and the Caribbean |
4,1
Each Party shall guarantee the right of every person to live in a healthy environment and any other universally-recognized human right related to the present Agreement.
|
Transfers and other changes to tenure rights and duties
13. Land consolidation and other readjustment approaches |
13.5
States should establish strategies for readjustment approaches that fit particular local requirements. Such strategies should be socially, economically and environmentally sustainable, and gender sensitive.
Strategies should identify the principles and objectives of the readjustment approaches; the beneficiaries; and the development of capacity and knowledge in the public sector, the private sector, organizations of
farmers and small-scale producers, of fishers, and of forest users, and academia. Laws should establish clear and cost-effective procedures for the reorganization of parcels or holdings and their uses
|
Right to a healthy environment |
Escazu Agreement
Regional Agreement on Access to Information, Public Participation and Justice in Environmental Matters in Latin America and the Caribbean |
4,1
Each Party shall guarantee the right of every person to live in a healthy environment and any other universally-recognized human right related to the present Agreement.
|
Transfers and other changes to tenure rights and duties
13. Land consolidation and other readjustment approaches |
13.6
States should establish appropriate safeguards in projects using
readjustment approaches. Any individuals, communities or peoples likely
to be affected by a project should be contacted and provided with sufficient
information in applicable languages. Technical and legal support should
be provided. Participatory and gender-sensitive approaches should be
used taking into account rights of indigenous peoples. Environmental safeguards should be established to prevent or minimize degradation and
loss of biodiversity and reward changes that foster good land management, best practices and reclamation
|
Right to a healthy environment |
Escazu Agreement
Regional Agreement on Access to Information, Public Participation and Justice in Environmental Matters in Latin America and the Caribbean |
4,1
Each Party shall guarantee the right of every person to live in a healthy environment and any other universally-recognized human right related to the present Agreement.
|
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 a healthy environment |
Escazu Agreement
Regional Agreement on Access to Information, Public Participation and Justice in Environmental Matters in Latin America and the Caribbean |
4,1
Each Party shall guarantee the right of every person to live in a healthy environment and any other universally-recognized human right related to the present Agreement.
|
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 a healthy environment |
Escazu Agreement
Regional Agreement on Access to Information, Public Participation and Justice in Environmental Matters in Latin America and the Caribbean |
4,1
Each Party shall guarantee the right of every person to live in a healthy environment and any other universally-recognized human right related to the present Agreement.
|
Administration of tenure
18. Valuation |
18.2
Policies and laws related to valuation should strive to ensure that valuation systems take into account non-market values, such as social, cultural, religious, spiritual and environmental values where applicable
|
Right to a healthy environment |
Escazu Agreement
Regional Agreement on Access to Information, Public Participation and Justice in Environmental Matters in Latin America and the Caribbean |
4,1
Each Party shall guarantee the right of every person to live in a healthy environment and any other universally-recognized human right related to the present Agreement.
|
Administration of tenure
20. Regulated spatial planning |
20.5
Spatial planning should take duly into account the need to promote diversified sustainable management of land, fisheries and forests, including agro-ecological approaches and sustainable intensification, and
to meet the challenges of climate change and food security.
|
Right to a healthy environment |
Escazu Agreement
Regional Agreement on Access to Information, Public Participation and Justice in Environmental Matters in Latin America and the Caribbean |
4,1
Each Party shall guarantee the right of every person to live in a healthy environment and any other universally-recognized human right related to the present Agreement.
|
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 a healthy environment |
Maputo Protocol
Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa |
XVI
Women shall have the right to equal access to housing and to acceptable living conditions in a healthy environment. To ensure this right, States Parties shall grant to women, whatever their marital status, access to adequate housing.
|
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 a healthy environment |
Maputo Protocol
Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa |
XVI
Women shall have the right to equal access to housing and to acceptable living conditions in a healthy environment. To ensure this right, States Parties shall grant to women, whatever their marital status, access to adequate housing.
|
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 a healthy environment |
Maputo Protocol
Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa |
XVI
Women shall have the right to equal access to housing and to acceptable living conditions in a healthy environment. To ensure this right, States Parties shall grant to women, whatever their marital status, access to adequate housing.
|
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 a healthy environment |
Maputo Protocol
Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa |
XVI
Women shall have the right to equal access to housing and to acceptable living conditions in a healthy environment. To ensure this right, States Parties shall grant to women, whatever their marital status, access to adequate housing.
|
General matters
5. Policy, legal and organizational frameworks related to tenure |
5.9
States should recognize that policies and laws on tenure rights operate in the broader political, legal, social, cultural, religious, economic and environmental contexts. Where the broader contexts change, and where reforms to tenure are therefore required, States should seek to develop national consensus on proposed reforms.
|
Right to a healthy environment |
Maputo Protocol
Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa |
XVI
Women shall have the right to equal access to housing and to acceptable living conditions in a healthy environment. To ensure this right, States Parties shall grant to women, whatever their marital status, access to adequate housing.
|
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 a healthy environment |
Maputo Protocol
Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa |
XVI
Women shall have the right to equal access to housing and to acceptable living conditions in a healthy environment. To ensure this right, States Parties shall grant to women, whatever their marital status, access to adequate housing.
|
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 a healthy environment |
Maputo Protocol
Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa |
XVI
Women shall have the right to equal access to housing and to acceptable living conditions in a healthy environment. To ensure this right, States Parties shall grant to women, whatever their marital status, access to adequate housing.
|
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 a healthy environment |
Maputo Protocol
Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa |
XVI
Women shall have the right to equal access to housing and to acceptable living conditions in a healthy environment. To ensure this right, States Parties shall grant to women, whatever their marital status, access to adequate housing.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.11
States should monitor the outcome of allocation programmes, including the gender-differentiated impacts on food security and poverty eradication as well as their impacts on social, economic and environmental objectives, and introduce corrective measures as required.
|
Right to a healthy environment |
Maputo Protocol
Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa |
XVI
Women shall have the right to equal access to housing and to acceptable living conditions in a healthy environment. To ensure this right, States Parties shall grant to women, whatever their marital status, access to adequate housing.
|
Legal recognition and allocation of tenure rights and duties
9. Indigenous peoples and other communities with customary tenure systems |
9.1
State and non-state actors should acknowledge that land, fisheries and forests have social, cultural, spiritual, economic, environmental and political value to indigenous peoples and other communities with customary tenure systems.
|
Right to a healthy environment |
Maputo Protocol
Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa |
XVI
Women shall have the right to equal access to housing and to acceptable living conditions in a healthy environment. To ensure this right, States Parties shall grant to women, whatever their marital status, access to adequate housing.
|
Legal recognition and allocation of tenure rights and duties
9. Indigenous peoples and other communities with customary tenure systems |
9.7
States should, in drafting tenure policies and laws, take into account the social, cultural, spiritual, economic and environmental values of land, fisheries and forests held under tenure systems of indigenous peoples and other communities with customary tenure systems. There should be full and effective participation of all members or representatives of affected communities, including vulnerable and marginalized members, when
developing policies and laws related to tenure systems of indigenous peoples and other communities with customary tenure systems
|
Right to a healthy environment |
Maputo Protocol
Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa |
XVI
Women shall have the right to equal access to housing and to acceptable living conditions in a healthy environment. To ensure this right, States Parties shall grant to women, whatever their marital status, access to adequate housing.
|
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 a healthy environment |
Maputo Protocol
Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa |
XVI
Women shall have the right to equal access to housing and to acceptable living conditions in a healthy environment. To ensure this right, States Parties shall grant to women, whatever their marital status, access to adequate housing.
|
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 a healthy environment |
Maputo Protocol
Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa |
XVI
Women shall have the right to equal access to housing and to acceptable living conditions in a healthy environment. To ensure this right, States Parties shall grant to women, whatever their marital status, access to adequate housing.
|
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 a healthy environment |
Maputo Protocol
Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa |
XVI
Women shall have the right to equal access to housing and to acceptable living conditions in a healthy environment. To ensure this right, States Parties shall grant to women, whatever their marital status, access to adequate housing.
|
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 a healthy environment |
Maputo Protocol
Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa |
XVI
Women shall have the right to equal access to housing and to acceptable living conditions in a healthy environment. To ensure this right, States Parties shall grant to women, whatever their marital status, access to adequate housing.
|
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 a healthy environment |
Maputo Protocol
Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa |
XVI
Women shall have the right to equal access to housing and to acceptable living conditions in a healthy environment. To ensure this right, States Parties shall grant to women, whatever their marital status, access to adequate housing.
|
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 a healthy environment |
Maputo Protocol
Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa |
XVI
Women shall have the right to equal access to housing and to acceptable living conditions in a healthy environment. To ensure this right, States Parties shall grant to women, whatever their marital status, access to adequate housing.
|
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 a healthy environment |
Maputo Protocol
Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa |
XVI
Women shall have the right to equal access to housing and to acceptable living conditions in a healthy environment. To ensure this right, States Parties shall grant to women, whatever their marital status, access to adequate housing.
|
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 a healthy environment |
Maputo Protocol
Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa |
XVI
Women shall have the right to equal access to housing and to acceptable living conditions in a healthy environment. To ensure this right, States Parties shall grant to women, whatever their marital status, access to adequate housing.
|
Transfers and other changes to tenure rights and duties
13. Land consolidation and other readjustment approaches |
13.5
States should establish strategies for readjustment approaches that fit particular local requirements. Such strategies should be socially, economically and environmentally sustainable, and gender sensitive.
Strategies should identify the principles and objectives of the readjustment approaches; the beneficiaries; and the development of capacity and knowledge in the public sector, the private sector, organizations of
farmers and small-scale producers, of fishers, and of forest users, and academia. Laws should establish clear and cost-effective procedures for the reorganization of parcels or holdings and their uses
|
Right to a healthy environment |
Maputo Protocol
Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa |
XVI
Women shall have the right to equal access to housing and to acceptable living conditions in a healthy environment. To ensure this right, States Parties shall grant to women, whatever their marital status, access to adequate housing.
|
Transfers and other changes to tenure rights and duties
13. Land consolidation and other readjustment approaches |
13.6
States should establish appropriate safeguards in projects using
readjustment approaches. Any individuals, communities or peoples likely
to be affected by a project should be contacted and provided with sufficient
information in applicable languages. Technical and legal support should
be provided. Participatory and gender-sensitive approaches should be
used taking into account rights of indigenous peoples. Environmental safeguards should be established to prevent or minimize degradation and
loss of biodiversity and reward changes that foster good land management, best practices and reclamation
|
Right to a healthy environment |
Maputo Protocol
Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa |
XVI
Women shall have the right to equal access to housing and to acceptable living conditions in a healthy environment. To ensure this right, States Parties shall grant to women, whatever their marital status, access to adequate housing.
|
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 a healthy environment |
Maputo Protocol
Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa |
XVI
Women shall have the right to equal access to housing and to acceptable living conditions in a healthy environment. To ensure this right, States Parties shall grant to women, whatever their marital status, access to adequate housing.
|
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 a healthy environment |
Maputo Protocol
Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa |
XVI
Women shall have the right to equal access to housing and to acceptable living conditions in a healthy environment. To ensure this right, States Parties shall grant to women, whatever their marital status, access to adequate housing.
|
Administration of tenure
18. Valuation |
18.2
Policies and laws related to valuation should strive to ensure that valuation systems take into account non-market values, such as social, cultural, religious, spiritual and environmental values where applicable
|
Right to a healthy environment |
Maputo Protocol
Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa |
XVI
Women shall have the right to equal access to housing and to acceptable living conditions in a healthy environment. To ensure this right, States Parties shall grant to women, whatever their marital status, access to adequate housing.
|
Administration of tenure
20. Regulated spatial planning |
20.5
Spatial planning should take duly into account the need to promote diversified sustainable management of land, fisheries and forests, including agro-ecological approaches and sustainable intensification, and
to meet the challenges of climate change and food security.
|
Right to a healthy environment |
Maputo Protocol
Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa |
XVI
Women shall have the right to equal access to housing and to acceptable living conditions in a healthy environment. To ensure this right, States Parties shall grant to women, whatever their marital status, access to adequate housing.
|
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 a healthy environment |
Maputo Protocol
Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa |
XVIII
Women shall have the right to live in a healthy and sustainable environment.
2. States Parties shall take all appropriate measures to:
a) Ensure greater participation of women in the planning, management and preservation of the environment and the sustainable use of natural resources at all levels;
b) Promote research and investment in new and renewable energy sources and appropriate technologies, including information technologies and facilitate women’s access to, and participation in their control;
c) Protect and enable the development of women’s indigenous knowledge systems;
d) Regulate the management, processing, storage and disposal of domestic waste;
e) Ensure that proper standards are followed for the storage, transportation and disposal of toxic waste
|
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 a healthy environment |
Maputo Protocol
Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa |
XVIII
Women shall have the right to live in a healthy and sustainable environment.
2. States Parties shall take all appropriate measures to:
a) Ensure greater participation of women in the planning, management and preservation of the environment and the sustainable use of natural resources at all levels;
b) Promote research and investment in new and renewable energy sources and appropriate technologies, including information technologies and facilitate women’s access to, and participation in their control;
c) Protect and enable the development of women’s indigenous knowledge systems;
d) Regulate the management, processing, storage and disposal of domestic waste;
e) Ensure that proper standards are followed for the storage, transportation and disposal of toxic waste
|
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 a healthy environment |
Maputo Protocol
Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa |
XVIII
Women shall have the right to live in a healthy and sustainable environment.
2. States Parties shall take all appropriate measures to:
a) Ensure greater participation of women in the planning, management and preservation of the environment and the sustainable use of natural resources at all levels;
b) Promote research and investment in new and renewable energy sources and appropriate technologies, including information technologies and facilitate women’s access to, and participation in their control;
c) Protect and enable the development of women’s indigenous knowledge systems;
d) Regulate the management, processing, storage and disposal of domestic waste;
e) Ensure that proper standards are followed for the storage, transportation and disposal of toxic waste
|
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 a healthy environment |
Maputo Protocol
Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa |
XVIII
Women shall have the right to live in a healthy and sustainable environment.
2. States Parties shall take all appropriate measures to:
a) Ensure greater participation of women in the planning, management and preservation of the environment and the sustainable use of natural resources at all levels;
b) Promote research and investment in new and renewable energy sources and appropriate technologies, including information technologies and facilitate women’s access to, and participation in their control;
c) Protect and enable the development of women’s indigenous knowledge systems;
d) Regulate the management, processing, storage and disposal of domestic waste;
e) Ensure that proper standards are followed for the storage, transportation and disposal of toxic waste
|
General matters
5. Policy, legal and organizational frameworks related to tenure |
5.9
States should recognize that policies and laws on tenure rights operate in the broader political, legal, social, cultural, religious, economic and environmental contexts. Where the broader contexts change, and where reforms to tenure are therefore required, States should seek to develop national consensus on proposed reforms.
|
Right to a healthy environment |
Maputo Protocol
Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa |
XVIII
Women shall have the right to live in a healthy and sustainable environment.
2. States Parties shall take all appropriate measures to:
a) Ensure greater participation of women in the planning, management and preservation of the environment and the sustainable use of natural resources at all levels;
b) Promote research and investment in new and renewable energy sources and appropriate technologies, including information technologies and facilitate women’s access to, and participation in their control;
c) Protect and enable the development of women’s indigenous knowledge systems;
d) Regulate the management, processing, storage and disposal of domestic waste;
e) Ensure that proper standards are followed for the storage, transportation and disposal of toxic waste
|
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 a healthy environment |
Maputo Protocol
Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa |
XVIII
Women shall have the right to live in a healthy and sustainable environment.
2. States Parties shall take all appropriate measures to:
a) Ensure greater participation of women in the planning, management and preservation of the environment and the sustainable use of natural resources at all levels;
b) Promote research and investment in new and renewable energy sources and appropriate technologies, including information technologies and facilitate women’s access to, and participation in their control;
c) Protect and enable the development of women’s indigenous knowledge systems;
d) Regulate the management, processing, storage and disposal of domestic waste;
e) Ensure that proper standards are followed for the storage, transportation and disposal of toxic waste
|
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 a healthy environment |
Maputo Protocol
Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa |
XVIII
Women shall have the right to live in a healthy and sustainable environment.
2. States Parties shall take all appropriate measures to:
a) Ensure greater participation of women in the planning, management and preservation of the environment and the sustainable use of natural resources at all levels;
b) Promote research and investment in new and renewable energy sources and appropriate technologies, including information technologies and facilitate women’s access to, and participation in their control;
c) Protect and enable the development of women’s indigenous knowledge systems;
d) Regulate the management, processing, storage and disposal of domestic waste;
e) Ensure that proper standards are followed for the storage, transportation and disposal of toxic waste
|
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 a healthy environment |
Maputo Protocol
Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa |
XVIII
Women shall have the right to live in a healthy and sustainable environment.
2. States Parties shall take all appropriate measures to:
a) Ensure greater participation of women in the planning, management and preservation of the environment and the sustainable use of natural resources at all levels;
b) Promote research and investment in new and renewable energy sources and appropriate technologies, including information technologies and facilitate women’s access to, and participation in their control;
c) Protect and enable the development of women’s indigenous knowledge systems;
d) Regulate the management, processing, storage and disposal of domestic waste;
e) Ensure that proper standards are followed for the storage, transportation and disposal of toxic waste
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.11
States should monitor the outcome of allocation programmes, including the gender-differentiated impacts on food security and poverty eradication as well as their impacts on social, economic and environmental objectives, and introduce corrective measures as required.
|
Right to a healthy environment |
Maputo Protocol
Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa |
XVIII
Women shall have the right to live in a healthy and sustainable environment.
2. States Parties shall take all appropriate measures to:
a) Ensure greater participation of women in the planning, management and preservation of the environment and the sustainable use of natural resources at all levels;
b) Promote research and investment in new and renewable energy sources and appropriate technologies, including information technologies and facilitate women’s access to, and participation in their control;
c) Protect and enable the development of women’s indigenous knowledge systems;
d) Regulate the management, processing, storage and disposal of domestic waste;
e) Ensure that proper standards are followed for the storage, transportation and disposal of toxic waste
|
Legal recognition and allocation of tenure rights and duties
9. Indigenous peoples and other communities with customary tenure systems |
9.1
State and non-state actors should acknowledge that land, fisheries and forests have social, cultural, spiritual, economic, environmental and political value to indigenous peoples and other communities with customary tenure systems.
|
Right to a healthy environment |
Maputo Protocol
Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa |
XVIII
Women shall have the right to live in a healthy and sustainable environment.
2. States Parties shall take all appropriate measures to:
a) Ensure greater participation of women in the planning, management and preservation of the environment and the sustainable use of natural resources at all levels;
b) Promote research and investment in new and renewable energy sources and appropriate technologies, including information technologies and facilitate women’s access to, and participation in their control;
c) Protect and enable the development of women’s indigenous knowledge systems;
d) Regulate the management, processing, storage and disposal of domestic waste;
e) Ensure that proper standards are followed for the storage, transportation and disposal of toxic waste
|
Legal recognition and allocation of tenure rights and duties
9. Indigenous peoples and other communities with customary tenure systems |
9.7
States should, in drafting tenure policies and laws, take into account the social, cultural, spiritual, economic and environmental values of land, fisheries and forests held under tenure systems of indigenous peoples and other communities with customary tenure systems. There should be full and effective participation of all members or representatives of affected communities, including vulnerable and marginalized members, when
developing policies and laws related to tenure systems of indigenous peoples and other communities with customary tenure systems
|
Right to a healthy environment |
Maputo Protocol
Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa |
XVIII
Women shall have the right to live in a healthy and sustainable environment.
2. States Parties shall take all appropriate measures to:
a) Ensure greater participation of women in the planning, management and preservation of the environment and the sustainable use of natural resources at all levels;
b) Promote research and investment in new and renewable energy sources and appropriate technologies, including information technologies and facilitate women’s access to, and participation in their control;
c) Protect and enable the development of women’s indigenous knowledge systems;
d) Regulate the management, processing, storage and disposal of domestic waste;
e) Ensure that proper standards are followed for the storage, transportation and disposal of toxic waste
|
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 a healthy environment |
Maputo Protocol
Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa |
XVIII
Women shall have the right to live in a healthy and sustainable environment.
2. States Parties shall take all appropriate measures to:
a) Ensure greater participation of women in the planning, management and preservation of the environment and the sustainable use of natural resources at all levels;
b) Promote research and investment in new and renewable energy sources and appropriate technologies, including information technologies and facilitate women’s access to, and participation in their control;
c) Protect and enable the development of women’s indigenous knowledge systems;
d) Regulate the management, processing, storage and disposal of domestic waste;
e) Ensure that proper standards are followed for the storage, transportation and disposal of toxic waste
|
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 a healthy environment |
Maputo Protocol
Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa |
XVIII
Women shall have the right to live in a healthy and sustainable environment.
2. States Parties shall take all appropriate measures to:
a) Ensure greater participation of women in the planning, management and preservation of the environment and the sustainable use of natural resources at all levels;
b) Promote research and investment in new and renewable energy sources and appropriate technologies, including information technologies and facilitate women’s access to, and participation in their control;
c) Protect and enable the development of women’s indigenous knowledge systems;
d) Regulate the management, processing, storage and disposal of domestic waste;
e) Ensure that proper standards are followed for the storage, transportation and disposal of toxic waste
|
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 a healthy environment |
Maputo Protocol
Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa |
XVIII
Women shall have the right to live in a healthy and sustainable environment.
2. States Parties shall take all appropriate measures to:
a) Ensure greater participation of women in the planning, management and preservation of the environment and the sustainable use of natural resources at all levels;
b) Promote research and investment in new and renewable energy sources and appropriate technologies, including information technologies and facilitate women’s access to, and participation in their control;
c) Protect and enable the development of women’s indigenous knowledge systems;
d) Regulate the management, processing, storage and disposal of domestic waste;
e) Ensure that proper standards are followed for the storage, transportation and disposal of toxic waste
|
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 a healthy environment |
Maputo Protocol
Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa |
XVIII
Women shall have the right to live in a healthy and sustainable environment.
2. States Parties shall take all appropriate measures to:
a) Ensure greater participation of women in the planning, management and preservation of the environment and the sustainable use of natural resources at all levels;
b) Promote research and investment in new and renewable energy sources and appropriate technologies, including information technologies and facilitate women’s access to, and participation in their control;
c) Protect and enable the development of women’s indigenous knowledge systems;
d) Regulate the management, processing, storage and disposal of domestic waste;
e) Ensure that proper standards are followed for the storage, transportation and disposal of toxic waste
|
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 a healthy environment |
Maputo Protocol
Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa |
XVIII
Women shall have the right to live in a healthy and sustainable environment.
2. States Parties shall take all appropriate measures to:
a) Ensure greater participation of women in the planning, management and preservation of the environment and the sustainable use of natural resources at all levels;
b) Promote research and investment in new and renewable energy sources and appropriate technologies, including information technologies and facilitate women’s access to, and participation in their control;
c) Protect and enable the development of women’s indigenous knowledge systems;
d) Regulate the management, processing, storage and disposal of domestic waste;
e) Ensure that proper standards are followed for the storage, transportation and disposal of toxic waste
|
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 a healthy environment |
Maputo Protocol
Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa |
XVIII
Women shall have the right to live in a healthy and sustainable environment.
2. States Parties shall take all appropriate measures to:
a) Ensure greater participation of women in the planning, management and preservation of the environment and the sustainable use of natural resources at all levels;
b) Promote research and investment in new and renewable energy sources and appropriate technologies, including information technologies and facilitate women’s access to, and participation in their control;
c) Protect and enable the development of women’s indigenous knowledge systems;
d) Regulate the management, processing, storage and disposal of domestic waste;
e) Ensure that proper standards are followed for the storage, transportation and disposal of toxic waste
|
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 a healthy environment |
Maputo Protocol
Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa |
XVIII
Women shall have the right to live in a healthy and sustainable environment.
2. States Parties shall take all appropriate measures to:
a) Ensure greater participation of women in the planning, management and preservation of the environment and the sustainable use of natural resources at all levels;
b) Promote research and investment in new and renewable energy sources and appropriate technologies, including information technologies and facilitate women’s access to, and participation in their control;
c) Protect and enable the development of women’s indigenous knowledge systems;
d) Regulate the management, processing, storage and disposal of domestic waste;
e) Ensure that proper standards are followed for the storage, transportation and disposal of toxic waste
|
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 a healthy environment |
Maputo Protocol
Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa |
XVIII
Women shall have the right to live in a healthy and sustainable environment.
2. States Parties shall take all appropriate measures to:
a) Ensure greater participation of women in the planning, management and preservation of the environment and the sustainable use of natural resources at all levels;
b) Promote research and investment in new and renewable energy sources and appropriate technologies, including information technologies and facilitate women’s access to, and participation in their control;
c) Protect and enable the development of women’s indigenous knowledge systems;
d) Regulate the management, processing, storage and disposal of domestic waste;
e) Ensure that proper standards are followed for the storage, transportation and disposal of toxic waste
|
Transfers and other changes to tenure rights and duties
13. Land consolidation and other readjustment approaches |
13.5
States should establish strategies for readjustment approaches that fit particular local requirements. Such strategies should be socially, economically and environmentally sustainable, and gender sensitive.
Strategies should identify the principles and objectives of the readjustment approaches; the beneficiaries; and the development of capacity and knowledge in the public sector, the private sector, organizations of
farmers and small-scale producers, of fishers, and of forest users, and academia. Laws should establish clear and cost-effective procedures for the reorganization of parcels or holdings and their uses
|
Right to a healthy environment |
Maputo Protocol
Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa |
XVIII
Women shall have the right to live in a healthy and sustainable environment.
2. States Parties shall take all appropriate measures to:
a) Ensure greater participation of women in the planning, management and preservation of the environment and the sustainable use of natural resources at all levels;
b) Promote research and investment in new and renewable energy sources and appropriate technologies, including information technologies and facilitate women’s access to, and participation in their control;
c) Protect and enable the development of women’s indigenous knowledge systems;
d) Regulate the management, processing, storage and disposal of domestic waste;
e) Ensure that proper standards are followed for the storage, transportation and disposal of toxic waste
|
Transfers and other changes to tenure rights and duties
13. Land consolidation and other readjustment approaches |
13.6
States should establish appropriate safeguards in projects using
readjustment approaches. Any individuals, communities or peoples likely
to be affected by a project should be contacted and provided with sufficient
information in applicable languages. Technical and legal support should
be provided. Participatory and gender-sensitive approaches should be
used taking into account rights of indigenous peoples. Environmental safeguards should be established to prevent or minimize degradation and
loss of biodiversity and reward changes that foster good land management, best practices and reclamation
|
Right to a healthy environment |
Maputo Protocol
Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa |
XVIII
Women shall have the right to live in a healthy and sustainable environment.
2. States Parties shall take all appropriate measures to:
a) Ensure greater participation of women in the planning, management and preservation of the environment and the sustainable use of natural resources at all levels;
b) Promote research and investment in new and renewable energy sources and appropriate technologies, including information technologies and facilitate women’s access to, and participation in their control;
c) Protect and enable the development of women’s indigenous knowledge systems;
d) Regulate the management, processing, storage and disposal of domestic waste;
e) Ensure that proper standards are followed for the storage, transportation and disposal of toxic waste
|
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 a healthy environment |
Maputo Protocol
Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa |
XVIII
Women shall have the right to live in a healthy and sustainable environment.
2. States Parties shall take all appropriate measures to:
a) Ensure greater participation of women in the planning, management and preservation of the environment and the sustainable use of natural resources at all levels;
b) Promote research and investment in new and renewable energy sources and appropriate technologies, including information technologies and facilitate women’s access to, and participation in their control;
c) Protect and enable the development of women’s indigenous knowledge systems;
d) Regulate the management, processing, storage and disposal of domestic waste;
e) Ensure that proper standards are followed for the storage, transportation and disposal of toxic waste
|
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 a healthy environment |
Maputo Protocol
Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa |
XVIII
Women shall have the right to live in a healthy and sustainable environment.
2. States Parties shall take all appropriate measures to:
a) Ensure greater participation of women in the planning, management and preservation of the environment and the sustainable use of natural resources at all levels;
b) Promote research and investment in new and renewable energy sources and appropriate technologies, including information technologies and facilitate women’s access to, and participation in their control;
c) Protect and enable the development of women’s indigenous knowledge systems;
d) Regulate the management, processing, storage and disposal of domestic waste;
e) Ensure that proper standards are followed for the storage, transportation and disposal of toxic waste
|
Administration of tenure
18. Valuation |
18.2
Policies and laws related to valuation should strive to ensure that valuation systems take into account non-market values, such as social, cultural, religious, spiritual and environmental values where applicable
|
Right to a healthy environment |
Maputo Protocol
Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa |
XVIII
Women shall have the right to live in a healthy and sustainable environment.
2. States Parties shall take all appropriate measures to:
a) Ensure greater participation of women in the planning, management and preservation of the environment and the sustainable use of natural resources at all levels;
b) Promote research and investment in new and renewable energy sources and appropriate technologies, including information technologies and facilitate women’s access to, and participation in their control;
c) Protect and enable the development of women’s indigenous knowledge systems;
d) Regulate the management, processing, storage and disposal of domestic waste;
e) Ensure that proper standards are followed for the storage, transportation and disposal of toxic waste
|
Administration of tenure
20. Regulated spatial planning |
20.5
Spatial planning should take duly into account the need to promote diversified sustainable management of land, fisheries and forests, including agro-ecological approaches and sustainable intensification, and
to meet the challenges of climate change and food security.
|
Right to a healthy environment |
Maputo Protocol
Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa |
XVIII
Women shall have the right to live in a healthy and sustainable environment.
2. States Parties shall take all appropriate measures to:
a) Ensure greater participation of women in the planning, management and preservation of the environment and the sustainable use of natural resources at all levels;
b) Promote research and investment in new and renewable energy sources and appropriate technologies, including information technologies and facilitate women’s access to, and participation in their control;
c) Protect and enable the development of women’s indigenous knowledge systems;
d) Regulate the management, processing, storage and disposal of domestic waste;
e) Ensure that proper standards are followed for the storage, transportation and disposal of toxic waste
|
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 a healthy environment |
ADHR
ASEAN Declaration on Human Rights |
28.f
Every person has the right to an adequate standard of living for himself or herself and his or her family including:
f. The right to a safe, clean and sustainable environment.
|
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 a healthy environment |
ADHR
ASEAN Declaration on Human Rights |
28.f
Every person has the right to an adequate standard of living for himself or herself and his or her family including:
f. The right to a safe, clean and sustainable environment.
|
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 a healthy environment |
ADHR
ASEAN Declaration on Human Rights |
28.f
Every person has the right to an adequate standard of living for himself or herself and his or her family including:
f. The right to a safe, clean and sustainable environment.
|
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 a healthy environment |
ADHR
ASEAN Declaration on Human Rights |
28.f
Every person has the right to an adequate standard of living for himself or herself and his or her family including:
f. The right to a safe, clean and sustainable environment.
|
General matters
5. Policy, legal and organizational frameworks related to tenure |
5.9
States should recognize that policies and laws on tenure rights operate in the broader political, legal, social, cultural, religious, economic and environmental contexts. Where the broader contexts change, and where reforms to tenure are therefore required, States should seek to develop national consensus on proposed reforms.
|
Right to a healthy environment |
ADHR
ASEAN Declaration on Human Rights |
28.f
Every person has the right to an adequate standard of living for himself or herself and his or her family including:
f. The right to a safe, clean and sustainable environment.
|
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 a healthy environment |
ADHR
ASEAN Declaration on Human Rights |
28.f
Every person has the right to an adequate standard of living for himself or herself and his or her family including:
f. The right to a safe, clean and sustainable environment.
|
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 a healthy environment |
ADHR
ASEAN Declaration on Human Rights |
28.f
Every person has the right to an adequate standard of living for himself or herself and his or her family including:
f. The right to a safe, clean and sustainable environment.
|
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 a healthy environment |
ADHR
ASEAN Declaration on Human Rights |
28.f
Every person has the right to an adequate standard of living for himself or herself and his or her family including:
f. The right to a safe, clean and sustainable environment.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.11
States should monitor the outcome of allocation programmes, including the gender-differentiated impacts on food security and poverty eradication as well as their impacts on social, economic and environmental objectives, and introduce corrective measures as required.
|
Right to a healthy environment |
ADHR
ASEAN Declaration on Human Rights |
28.f
Every person has the right to an adequate standard of living for himself or herself and his or her family including:
f. The right to a safe, clean and sustainable environment.
|
Legal recognition and allocation of tenure rights and duties
9. Indigenous peoples and other communities with customary tenure systems |
9.1
State and non-state actors should acknowledge that land, fisheries and forests have social, cultural, spiritual, economic, environmental and political value to indigenous peoples and other communities with customary tenure systems.
|
Right to a healthy environment |
ADHR
ASEAN Declaration on Human Rights |
28.f
Every person has the right to an adequate standard of living for himself or herself and his or her family including:
f. The right to a safe, clean and sustainable environment.
|
Legal recognition and allocation of tenure rights and duties
9. Indigenous peoples and other communities with customary tenure systems |
9.7
States should, in drafting tenure policies and laws, take into account the social, cultural, spiritual, economic and environmental values of land, fisheries and forests held under tenure systems of indigenous peoples and other communities with customary tenure systems. There should be full and effective participation of all members or representatives of affected communities, including vulnerable and marginalized members, when
developing policies and laws related to tenure systems of indigenous peoples and other communities with customary tenure systems
|
Right to a healthy environment |
ADHR
ASEAN Declaration on Human Rights |
28.f
Every person has the right to an adequate standard of living for himself or herself and his or her family including:
f. The right to a safe, clean and sustainable environment.
|
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 a healthy environment |
ADHR
ASEAN Declaration on Human Rights |
28.f
Every person has the right to an adequate standard of living for himself or herself and his or her family including:
f. The right to a safe, clean and sustainable environment.
|
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 a healthy environment |
ADHR
ASEAN Declaration on Human Rights |
28.f
Every person has the right to an adequate standard of living for himself or herself and his or her family including:
f. The right to a safe, clean and sustainable environment.
|
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 a healthy environment |
ADHR
ASEAN Declaration on Human Rights |
28.f
Every person has the right to an adequate standard of living for himself or herself and his or her family including:
f. The right to a safe, clean and sustainable environment.
|
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 a healthy environment |
ADHR
ASEAN Declaration on Human Rights |
28.f
Every person has the right to an adequate standard of living for himself or herself and his or her family including:
f. The right to a safe, clean and sustainable environment.
|
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 a healthy environment |
ADHR
ASEAN Declaration on Human Rights |
28.f
Every person has the right to an adequate standard of living for himself or herself and his or her family including:
f. The right to a safe, clean and sustainable environment.
|
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 a healthy environment |
ADHR
ASEAN Declaration on Human Rights |
28.f
Every person has the right to an adequate standard of living for himself or herself and his or her family including:
f. The right to a safe, clean and sustainable environment.
|
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 a healthy environment |
ADHR
ASEAN Declaration on Human Rights |
28.f
Every person has the right to an adequate standard of living for himself or herself and his or her family including:
f. The right to a safe, clean and sustainable environment.
|
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 a healthy environment |
ADHR
ASEAN Declaration on Human Rights |
28.f
Every person has the right to an adequate standard of living for himself or herself and his or her family including:
f. The right to a safe, clean and sustainable environment.
|
Transfers and other changes to tenure rights and duties
13. Land consolidation and other readjustment approaches |
13.5
States should establish strategies for readjustment approaches that fit particular local requirements. Such strategies should be socially, economically and environmentally sustainable, and gender sensitive.
Strategies should identify the principles and objectives of the readjustment approaches; the beneficiaries; and the development of capacity and knowledge in the public sector, the private sector, organizations of
farmers and small-scale producers, of fishers, and of forest users, and academia. Laws should establish clear and cost-effective procedures for the reorganization of parcels or holdings and their uses
|
Right to a healthy environment |
ADHR
ASEAN Declaration on Human Rights |
28.f
Every person has the right to an adequate standard of living for himself or herself and his or her family including:
f. The right to a safe, clean and sustainable environment.
|
Transfers and other changes to tenure rights and duties
13. Land consolidation and other readjustment approaches |
13.6
States should establish appropriate safeguards in projects using
readjustment approaches. Any individuals, communities or peoples likely
to be affected by a project should be contacted and provided with sufficient
information in applicable languages. Technical and legal support should
be provided. Participatory and gender-sensitive approaches should be
used taking into account rights of indigenous peoples. Environmental safeguards should be established to prevent or minimize degradation and
loss of biodiversity and reward changes that foster good land management, best practices and reclamation
|
Right to a healthy environment |
ADHR
ASEAN Declaration on Human Rights |
28.f
Every person has the right to an adequate standard of living for himself or herself and his or her family including:
f. The right to a safe, clean and sustainable environment.
|
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 a healthy environment |
ADHR
ASEAN Declaration on Human Rights |
28.f
Every person has the right to an adequate standard of living for himself or herself and his or her family including:
f. The right to a safe, clean and sustainable environment.
|
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 a healthy environment |
ADHR
ASEAN Declaration on Human Rights |
28.f
Every person has the right to an adequate standard of living for himself or herself and his or her family including:
f. The right to a safe, clean and sustainable environment.
|
Administration of tenure
18. Valuation |
18.2
Policies and laws related to valuation should strive to ensure that valuation systems take into account non-market values, such as social, cultural, religious, spiritual and environmental values where applicable
|
Right to a healthy environment |
ADHR
ASEAN Declaration on Human Rights |
28.f
Every person has the right to an adequate standard of living for himself or herself and his or her family including:
f. The right to a safe, clean and sustainable environment.
|
Administration of tenure
20. Regulated spatial planning |
20.5
Spatial planning should take duly into account the need to promote diversified sustainable management of land, fisheries and forests, including agro-ecological approaches and sustainable intensification, and
to meet the challenges of climate change and food security.
|
Right to a healthy environment |
ADHR
ASEAN Declaration on Human Rights |
28.f
Every person has the right to an adequate standard of living for himself or herself and his or her family including:
f. The right to a safe, clean and sustainable environment.
|
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.
|