Explore Human Rights and VGGT relations

  • Apply the filters to make your search as focused as possible.
  • Click “show all filters” to see all options and linkages.
  • Change how results are displayed using the “show first” options.
  • Use one or more keywords to search within your selection.
  • Watch short intro video.
Filters

Section

Human Right

Land issues

Instrument

Countries

women AND inheritance
Displaying 1001 - 1178 of 1178 relations
Show first
VGGTLand issues
Download XLSX
Human Right Human rights instrument Article VGGT Section VGGT Paragraph

Right to property

ICRPD

International Convention on the Rights of Persons with Disabilities

12.5

5. Subject to the provisions of this article, States Parties shall take all appropriate and effective measures to ensure the equal right of persons with disabilities to own or inherit property, to control their own financial affairs and to have equal access to bank loans, mortgages and other forms of financial credit, and shall ensure that persons with disabilities are not arbitrarily deprived of their property.

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.

Responses to climate change and emergencies

24. Natural disasters
24.1

All parties should ensure that tenure aspects of land, fisheries and forests are addressed when preventing and preparing for natural disasters and in their responses to them. Regulatory frameworks for tenure, including spatial planning, should be designed to avoid or minimize the potential impacts of natural disasters

24.3

States should address tenure in disaster prevention and preparedness programmes. Information on legitimate tenure rights should be collected for areas that could be affected through a process consistent with the principles of consultation and participation of these Guidelines. Systems for recording legitimate tenure rights should be resilient to natural disasters, including off-site storage of records, to allow right holders to prove their rights and relocate their parcels and other spatial units. States should strive to identify areas for the temporary resettlement of people who could be displaced by natural disasters, and rules should be established for providing tenure security in such areas

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

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.

Responses to climate change and emergencies

25. Conflicts in respect to tenure of land, fisheries and forests
25.1

All parties should take steps to prevent and eliminate issues of tenure of land, fisheries and forests as a cause of conflict and should ensure that aspects of tenure are addressed before, during and after conflict, including in situations of occupation where parties should act in accordance with applicable international humanitarian law.

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.

25.5

In situations of conflicts, whenever possible or when conflicts cease, States and other parties should ensure that tenure problems are addressed in ways that contribute to gender equality and support durable solutions for those affected. Where restitution is possible and, as appropriate, with the assistance of UNHCR and other relevant agencies, refugees and displaced persons should be assisted in voluntarily, safely and with dignity returning to their place of origin, in line with applicable international standards. Procedures for restitution, rehabilitation and reparation should be nondiscriminatory, gender sensitive and widely publicized, and claims for restitution should be processed promptly. Procedures for restitution of tenure rights of indigenous peoples and other communities with customary tenure systems should provide for the use of traditional sources of information.

ICRMW

International Convention on the Protection of The Rights of All Migrant Workers and Members of Their Families 

15

No migrant worker or member of his or her family shall be arbitrarily deprived of property, whether owned individually or in association with others. Where, under the legislation in force in the State of employment, the assets of a migrant worker or a member of his or her family are expropriated in whole or in part, the person concerned shall have the right to fair and adequate compensation.

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.

Responses to climate change and emergencies

24. Natural disasters
24.1

All parties should ensure that tenure aspects of land, fisheries and forests are addressed when preventing and preparing for natural disasters and in their responses to them. Regulatory frameworks for tenure, including spatial planning, should be designed to avoid or minimize the potential impacts of natural disasters

24.3

States should address tenure in disaster prevention and preparedness programmes. Information on legitimate tenure rights should be collected for areas that could be affected through a process consistent with the principles of consultation and participation of these Guidelines. Systems for recording legitimate tenure rights should be resilient to natural disasters, including off-site storage of records, to allow right holders to prove their rights and relocate their parcels and other spatial units. States should strive to identify areas for the temporary resettlement of people who could be displaced by natural disasters, and rules should be established for providing tenure security in such areas

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

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.

Responses to climate change and emergencies

25. Conflicts in respect to tenure of land, fisheries and forests
25.1

All parties should take steps to prevent and eliminate issues of tenure of land, fisheries and forests as a cause of conflict and should ensure that aspects of tenure are addressed before, during and after conflict, including in situations of occupation where parties should act in accordance with applicable international humanitarian law.

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.

25.5

In situations of conflicts, whenever possible or when conflicts cease, States and other parties should ensure that tenure problems are addressed in ways that contribute to gender equality and support durable solutions for those affected. Where restitution is possible and, as appropriate, with the assistance of UNHCR and other relevant agencies, refugees and displaced persons should be assisted in voluntarily, safely and with dignity returning to their place of origin, in line with applicable international standards. Procedures for restitution, rehabilitation and reparation should be nondiscriminatory, gender sensitive and widely publicized, and claims for restitution should be processed promptly. Procedures for restitution of tenure rights of indigenous peoples and other communities with customary tenure systems should provide for the use of traditional sources of information.

ECHR Protocol

Protocol to the European Convention for the Protection of Human Rights and Fundamental Freedoms

1

Every natural or legal person is entitled to the peaceful enjoyment of his possessions. No one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and by the general principles of international law. The preceding provisions shall not, however, in any way impair the right of a State to enforce such laws as it deems necessary to control the use of property in accordance with the general interest or to secure the payment of taxes or other contributions or penalties.

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.

Responses to climate change and emergencies

24. Natural disasters
24.1

All parties should ensure that tenure aspects of land, fisheries and forests are addressed when preventing and preparing for natural disasters and in their responses to them. Regulatory frameworks for tenure, including spatial planning, should be designed to avoid or minimize the potential impacts of natural disasters

24.3

States should address tenure in disaster prevention and preparedness programmes. Information on legitimate tenure rights should be collected for areas that could be affected through a process consistent with the principles of consultation and participation of these Guidelines. Systems for recording legitimate tenure rights should be resilient to natural disasters, including off-site storage of records, to allow right holders to prove their rights and relocate their parcels and other spatial units. States should strive to identify areas for the temporary resettlement of people who could be displaced by natural disasters, and rules should be established for providing tenure security in such areas

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

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.

Responses to climate change and emergencies

25. Conflicts in respect to tenure of land, fisheries and forests
25.1

All parties should take steps to prevent and eliminate issues of tenure of land, fisheries and forests as a cause of conflict and should ensure that aspects of tenure are addressed before, during and after conflict, including in situations of occupation where parties should act in accordance with applicable international humanitarian law.

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.

25.5

In situations of conflicts, whenever possible or when conflicts cease, States and other parties should ensure that tenure problems are addressed in ways that contribute to gender equality and support durable solutions for those affected. Where restitution is possible and, as appropriate, with the assistance of UNHCR and other relevant agencies, refugees and displaced persons should be assisted in voluntarily, safely and with dignity returning to their place of origin, in line with applicable international standards. Procedures for restitution, rehabilitation and reparation should be nondiscriminatory, gender sensitive and widely publicized, and claims for restitution should be processed promptly. Procedures for restitution of tenure rights of indigenous peoples and other communities with customary tenure systems should provide for the use of traditional sources of information.

ADRDM

American Declaration on the Rights and Duties of Man

XXIII

Every person has a right to own such private property as meets the essential needs of decent living and helps to maintain the dignity of the individual and of the home.

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.

Responses to climate change and emergencies

24. Natural disasters
24.1

All parties should ensure that tenure aspects of land, fisheries and forests are addressed when preventing and preparing for natural disasters and in their responses to them. Regulatory frameworks for tenure, including spatial planning, should be designed to avoid or minimize the potential impacts of natural disasters

24.3

States should address tenure in disaster prevention and preparedness programmes. Information on legitimate tenure rights should be collected for areas that could be affected through a process consistent with the principles of consultation and participation of these Guidelines. Systems for recording legitimate tenure rights should be resilient to natural disasters, including off-site storage of records, to allow right holders to prove their rights and relocate their parcels and other spatial units. States should strive to identify areas for the temporary resettlement of people who could be displaced by natural disasters, and rules should be established for providing tenure security in such areas

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

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.

Responses to climate change and emergencies

25. Conflicts in respect to tenure of land, fisheries and forests
25.1

All parties should take steps to prevent and eliminate issues of tenure of land, fisheries and forests as a cause of conflict and should ensure that aspects of tenure are addressed before, during and after conflict, including in situations of occupation where parties should act in accordance with applicable international humanitarian law.

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.

25.5

In situations of conflicts, whenever possible or when conflicts cease, States and other parties should ensure that tenure problems are addressed in ways that contribute to gender equality and support durable solutions for those affected. Where restitution is possible and, as appropriate, with the assistance of UNHCR and other relevant agencies, refugees and displaced persons should be assisted in voluntarily, safely and with dignity returning to their place of origin, in line with applicable international standards. Procedures for restitution, rehabilitation and reparation should be nondiscriminatory, gender sensitive and widely publicized, and claims for restitution should be processed promptly. Procedures for restitution of tenure rights of indigenous peoples and other communities with customary tenure systems should provide for the use of traditional sources of information.

ACHR

American Convention on Human Rights

21

1. Everyone has the right to the use and enjoyment of his property. The law may subordinate such use and enjoyment to the interest of society. 2. No one shall be deprived of his property except upon payment of just compensation, for reasons of public utility or social interest, and in the cases and according to the forms established by law.

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.

Responses to climate change and emergencies

24. Natural disasters
24.1

All parties should ensure that tenure aspects of land, fisheries and forests are addressed when preventing and preparing for natural disasters and in their responses to them. Regulatory frameworks for tenure, including spatial planning, should be designed to avoid or minimize the potential impacts of natural disasters

24.3

States should address tenure in disaster prevention and preparedness programmes. Information on legitimate tenure rights should be collected for areas that could be affected through a process consistent with the principles of consultation and participation of these Guidelines. Systems for recording legitimate tenure rights should be resilient to natural disasters, including off-site storage of records, to allow right holders to prove their rights and relocate their parcels and other spatial units. States should strive to identify areas for the temporary resettlement of people who could be displaced by natural disasters, and rules should be established for providing tenure security in such areas

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

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.

Responses to climate change and emergencies

25. Conflicts in respect to tenure of land, fisheries and forests
25.1

All parties should take steps to prevent and eliminate issues of tenure of land, fisheries and forests as a cause of conflict and should ensure that aspects of tenure are addressed before, during and after conflict, including in situations of occupation where parties should act in accordance with applicable international humanitarian law.

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.

25.5

In situations of conflicts, whenever possible or when conflicts cease, States and other parties should ensure that tenure problems are addressed in ways that contribute to gender equality and support durable solutions for those affected. Where restitution is possible and, as appropriate, with the assistance of UNHCR and other relevant agencies, refugees and displaced persons should be assisted in voluntarily, safely and with dignity returning to their place of origin, in line with applicable international standards. Procedures for restitution, rehabilitation and reparation should be nondiscriminatory, gender sensitive and widely publicized, and claims for restitution should be processed promptly. Procedures for restitution of tenure rights of indigenous peoples and other communities with customary tenure systems should provide for the use of traditional sources of information.

ACHPR

African Charter on Human and Peoples' Rights

14

The right to property shall be guaranteed. It may only be encroached upon in the interest of public need or in the general interest of the community and in accordance with the provisions of appropriate laws.

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.

Responses to climate change and emergencies

24. Natural disasters
24.1

All parties should ensure that tenure aspects of land, fisheries and forests are addressed when preventing and preparing for natural disasters and in their responses to them. Regulatory frameworks for tenure, including spatial planning, should be designed to avoid or minimize the potential impacts of natural disasters

24.3

States should address tenure in disaster prevention and preparedness programmes. Information on legitimate tenure rights should be collected for areas that could be affected through a process consistent with the principles of consultation and participation of these Guidelines. Systems for recording legitimate tenure rights should be resilient to natural disasters, including off-site storage of records, to allow right holders to prove their rights and relocate their parcels and other spatial units. States should strive to identify areas for the temporary resettlement of people who could be displaced by natural disasters, and rules should be established for providing tenure security in such areas

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

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.

Responses to climate change and emergencies

25. Conflicts in respect to tenure of land, fisheries and forests
25.1

All parties should take steps to prevent and eliminate issues of tenure of land, fisheries and forests as a cause of conflict and should ensure that aspects of tenure are addressed before, during and after conflict, including in situations of occupation where parties should act in accordance with applicable international humanitarian law.

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.

25.5

In situations of conflicts, whenever possible or when conflicts cease, States and other parties should ensure that tenure problems are addressed in ways that contribute to gender equality and support durable solutions for those affected. Where restitution is possible and, as appropriate, with the assistance of UNHCR and other relevant agencies, refugees and displaced persons should be assisted in voluntarily, safely and with dignity returning to their place of origin, in line with applicable international standards. Procedures for restitution, rehabilitation and reparation should be nondiscriminatory, gender sensitive and widely publicized, and claims for restitution should be processed promptly. Procedures for restitution of tenure rights of indigenous peoples and other communities with customary tenure systems should provide for the use of traditional sources of information.

Maputo Protocol

Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa

XIX.c

Women shall have the right to fully enjoy their right to sustainable development. In this connection, the States Parties shall take all appropriate measures to: c) Promote women’s access to and control over productive resources such as land and guarantee their right to property;

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.

Responses to climate change and emergencies

24. Natural disasters
24.1

All parties should ensure that tenure aspects of land, fisheries and forests are addressed when preventing and preparing for natural disasters and in their responses to them. Regulatory frameworks for tenure, including spatial planning, should be designed to avoid or minimize the potential impacts of natural disasters

24.3

States should address tenure in disaster prevention and preparedness programmes. Information on legitimate tenure rights should be collected for areas that could be affected through a process consistent with the principles of consultation and participation of these Guidelines. Systems for recording legitimate tenure rights should be resilient to natural disasters, including off-site storage of records, to allow right holders to prove their rights and relocate their parcels and other spatial units. States should strive to identify areas for the temporary resettlement of people who could be displaced by natural disasters, and rules should be established for providing tenure security in such areas

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

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.

Responses to climate change and emergencies

25. Conflicts in respect to tenure of land, fisheries and forests
25.1

All parties should take steps to prevent and eliminate issues of tenure of land, fisheries and forests as a cause of conflict and should ensure that aspects of tenure are addressed before, during and after conflict, including in situations of occupation where parties should act in accordance with applicable international humanitarian law.

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.

25.5

In situations of conflicts, whenever possible or when conflicts cease, States and other parties should ensure that tenure problems are addressed in ways that contribute to gender equality and support durable solutions for those affected. Where restitution is possible and, as appropriate, with the assistance of UNHCR and other relevant agencies, refugees and displaced persons should be assisted in voluntarily, safely and with dignity returning to their place of origin, in line with applicable international standards. Procedures for restitution, rehabilitation and reparation should be nondiscriminatory, gender sensitive and widely publicized, and claims for restitution should be processed promptly. Procedures for restitution of tenure rights of indigenous peoples and other communities with customary tenure systems should provide for the use of traditional sources of information.

XX

1. A widow shall have the right to an equitable share in the inheritance of the property of her husband. A widow shall have the right to continue to live in the matrimonial house. In case of remarriage, she shall retain this right if the house belongs to her or she has inherited it. 2. Women and men shall have the right to inherit, in equitable shares, their parents’ properties.

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.

Responses to climate change and emergencies

24. Natural disasters
24.1

All parties should ensure that tenure aspects of land, fisheries and forests are addressed when preventing and preparing for natural disasters and in their responses to them. Regulatory frameworks for tenure, including spatial planning, should be designed to avoid or minimize the potential impacts of natural disasters

24.3

States should address tenure in disaster prevention and preparedness programmes. Information on legitimate tenure rights should be collected for areas that could be affected through a process consistent with the principles of consultation and participation of these Guidelines. Systems for recording legitimate tenure rights should be resilient to natural disasters, including off-site storage of records, to allow right holders to prove their rights and relocate their parcels and other spatial units. States should strive to identify areas for the temporary resettlement of people who could be displaced by natural disasters, and rules should be established for providing tenure security in such areas

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

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.

Responses to climate change and emergencies

25. Conflicts in respect to tenure of land, fisheries and forests
25.1

All parties should take steps to prevent and eliminate issues of tenure of land, fisheries and forests as a cause of conflict and should ensure that aspects of tenure are addressed before, during and after conflict, including in situations of occupation where parties should act in accordance with applicable international humanitarian law.

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.

25.5

In situations of conflicts, whenever possible or when conflicts cease, States and other parties should ensure that tenure problems are addressed in ways that contribute to gender equality and support durable solutions for those affected. Where restitution is possible and, as appropriate, with the assistance of UNHCR and other relevant agencies, refugees and displaced persons should be assisted in voluntarily, safely and with dignity returning to their place of origin, in line with applicable international standards. Procedures for restitution, rehabilitation and reparation should be nondiscriminatory, gender sensitive and widely publicized, and claims for restitution should be processed promptly. Procedures for restitution of tenure rights of indigenous peoples and other communities with customary tenure systems should provide for the use of traditional sources of information.

ADHR

ASEAN Declaration on Human Rights

17

Every person has the right to own, use, dispose of and give that person’s lawfully acquired possessions alone or in association with others. No person shall be arbitrarily deprived of such property.

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.

Responses to climate change and emergencies

24. Natural disasters
24.1

All parties should ensure that tenure aspects of land, fisheries and forests are addressed when preventing and preparing for natural disasters and in their responses to them. Regulatory frameworks for tenure, including spatial planning, should be designed to avoid or minimize the potential impacts of natural disasters

24.3

States should address tenure in disaster prevention and preparedness programmes. Information on legitimate tenure rights should be collected for areas that could be affected through a process consistent with the principles of consultation and participation of these Guidelines. Systems for recording legitimate tenure rights should be resilient to natural disasters, including off-site storage of records, to allow right holders to prove their rights and relocate their parcels and other spatial units. States should strive to identify areas for the temporary resettlement of people who could be displaced by natural disasters, and rules should be established for providing tenure security in such areas

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

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.

Responses to climate change and emergencies

25. Conflicts in respect to tenure of land, fisheries and forests
25.1

All parties should take steps to prevent and eliminate issues of tenure of land, fisheries and forests as a cause of conflict and should ensure that aspects of tenure are addressed before, during and after conflict, including in situations of occupation where parties should act in accordance with applicable international humanitarian law.

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.

25.5

In situations of conflicts, whenever possible or when conflicts cease, States and other parties should ensure that tenure problems are addressed in ways that contribute to gender equality and support durable solutions for those affected. Where restitution is possible and, as appropriate, with the assistance of UNHCR and other relevant agencies, refugees and displaced persons should be assisted in voluntarily, safely and with dignity returning to their place of origin, in line with applicable international standards. Procedures for restitution, rehabilitation and reparation should be nondiscriminatory, gender sensitive and widely publicized, and claims for restitution should be processed promptly. Procedures for restitution of tenure rights of indigenous peoples and other communities with customary tenure systems should provide for the use of traditional sources of information.

UDHR

Universal Declaration of human rights

17.1

Everyone has the right to own property alone as well as in association with others

Responses to climate change and emergencies

24. Natural disasters
24.1

All parties should ensure that tenure aspects of land, fisheries and forests are addressed when preventing and preparing for natural disasters and in their responses to them. Regulatory frameworks for tenure, including spatial planning, should be designed to avoid or minimize the potential impacts of natural disasters

24.3

States should address tenure in disaster prevention and preparedness programmes. Information on legitimate tenure rights should be collected for areas that could be affected through a process consistent with the principles of consultation and participation of these Guidelines. Systems for recording legitimate tenure rights should be resilient to natural disasters, including off-site storage of records, to allow right holders to prove their rights and relocate their parcels and other spatial units. States should strive to identify areas for the temporary resettlement of people who could be displaced by natural disasters, and rules should be established for providing tenure security in such areas

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

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.

Responses to climate change and emergencies

25. Conflicts in respect to tenure of land, fisheries and forests
25.1

All parties should take steps to prevent and eliminate issues of tenure of land, fisheries and forests as a cause of conflict and should ensure that aspects of tenure are addressed before, during and after conflict, including in situations of occupation where parties should act in accordance with applicable international humanitarian law.

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.

25.5

In situations of conflicts, whenever possible or when conflicts cease, States and other parties should ensure that tenure problems are addressed in ways that contribute to gender equality and support durable solutions for those affected. Where restitution is possible and, as appropriate, with the assistance of UNHCR and other relevant agencies, refugees and displaced persons should be assisted in voluntarily, safely and with dignity returning to their place of origin, in line with applicable international standards. Procedures for restitution, rehabilitation and reparation should be nondiscriminatory, gender sensitive and widely publicized, and claims for restitution should be processed promptly. Procedures for restitution of tenure rights of indigenous peoples and other communities with customary tenure systems should provide for the use of traditional sources of information.

ICERD

International Convention on the Elimination of All Forms of Racial Discrimination

5.d.v

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: [..] (d) Other civil rights, in particular: [..] (v) The right to own property alone as well as in association with others.

Responses to climate change and emergencies

24. Natural disasters
24.1

All parties should ensure that tenure aspects of land, fisheries and forests are addressed when preventing and preparing for natural disasters and in their responses to them. Regulatory frameworks for tenure, including spatial planning, should be designed to avoid or minimize the potential impacts of natural disasters

24.3

States should address tenure in disaster prevention and preparedness programmes. Information on legitimate tenure rights should be collected for areas that could be affected through a process consistent with the principles of consultation and participation of these Guidelines. Systems for recording legitimate tenure rights should be resilient to natural disasters, including off-site storage of records, to allow right holders to prove their rights and relocate their parcels and other spatial units. States should strive to identify areas for the temporary resettlement of people who could be displaced by natural disasters, and rules should be established for providing tenure security in such areas

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

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.

Responses to climate change and emergencies

25. Conflicts in respect to tenure of land, fisheries and forests
25.1

All parties should take steps to prevent and eliminate issues of tenure of land, fisheries and forests as a cause of conflict and should ensure that aspects of tenure are addressed before, during and after conflict, including in situations of occupation where parties should act in accordance with applicable international humanitarian law.

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.

25.5

In situations of conflicts, whenever possible or when conflicts cease, States and other parties should ensure that tenure problems are addressed in ways that contribute to gender equality and support durable solutions for those affected. Where restitution is possible and, as appropriate, with the assistance of UNHCR and other relevant agencies, refugees and displaced persons should be assisted in voluntarily, safely and with dignity returning to their place of origin, in line with applicable international standards. Procedures for restitution, rehabilitation and reparation should be nondiscriminatory, gender sensitive and widely publicized, and claims for restitution should be processed promptly. Procedures for restitution of tenure rights of indigenous peoples and other communities with customary tenure systems should provide for the use of traditional sources of information.

ICEDAW

International Convention on the Elimination of All Forms of Discrimination Against Women

15.2

States Parties shall accord to women, in civil matters, a legal capacity identical to that of men and the same opportunities to exercise that capacity. In particular, they shall give women equal rights to conclude contracts and to administer property and shall treat them equally in all stages of procedure in courts and tribunals.

Responses to climate change and emergencies

24. Natural disasters
24.1

All parties should ensure that tenure aspects of land, fisheries and forests are addressed when preventing and preparing for natural disasters and in their responses to them. Regulatory frameworks for tenure, including spatial planning, should be designed to avoid or minimize the potential impacts of natural disasters

24.3

States should address tenure in disaster prevention and preparedness programmes. Information on legitimate tenure rights should be collected for areas that could be affected through a process consistent with the principles of consultation and participation of these Guidelines. Systems for recording legitimate tenure rights should be resilient to natural disasters, including off-site storage of records, to allow right holders to prove their rights and relocate their parcels and other spatial units. States should strive to identify areas for the temporary resettlement of people who could be displaced by natural disasters, and rules should be established for providing tenure security in such areas

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

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.

Responses to climate change and emergencies

25. Conflicts in respect to tenure of land, fisheries and forests
25.1

All parties should take steps to prevent and eliminate issues of tenure of land, fisheries and forests as a cause of conflict and should ensure that aspects of tenure are addressed before, during and after conflict, including in situations of occupation where parties should act in accordance with applicable international humanitarian law.

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.

25.5

In situations of conflicts, whenever possible or when conflicts cease, States and other parties should ensure that tenure problems are addressed in ways that contribute to gender equality and support durable solutions for those affected. Where restitution is possible and, as appropriate, with the assistance of UNHCR and other relevant agencies, refugees and displaced persons should be assisted in voluntarily, safely and with dignity returning to their place of origin, in line with applicable international standards. Procedures for restitution, rehabilitation and reparation should be nondiscriminatory, gender sensitive and widely publicized, and claims for restitution should be processed promptly. Procedures for restitution of tenure rights of indigenous peoples and other communities with customary tenure systems should provide for the use of traditional sources of information.

16.1.h

1. States Parties shall take all appropriate measures to eliminate discrimination against women in all matters relating to marriage and family relations and in particular shall ensure, on a basis of equality of men and women: (h) The same rights for both spouses in respect of the ownership, acquisition, management, administration, enjoyment and disposition of property, whether free of charge or for a valuable consideration.

Responses to climate change and emergencies

24. Natural disasters
24.1

All parties should ensure that tenure aspects of land, fisheries and forests are addressed when preventing and preparing for natural disasters and in their responses to them. Regulatory frameworks for tenure, including spatial planning, should be designed to avoid or minimize the potential impacts of natural disasters

24.3

States should address tenure in disaster prevention and preparedness programmes. Information on legitimate tenure rights should be collected for areas that could be affected through a process consistent with the principles of consultation and participation of these Guidelines. Systems for recording legitimate tenure rights should be resilient to natural disasters, including off-site storage of records, to allow right holders to prove their rights and relocate their parcels and other spatial units. States should strive to identify areas for the temporary resettlement of people who could be displaced by natural disasters, and rules should be established for providing tenure security in such areas

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

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.

Responses to climate change and emergencies

25. Conflicts in respect to tenure of land, fisheries and forests
25.1

All parties should take steps to prevent and eliminate issues of tenure of land, fisheries and forests as a cause of conflict and should ensure that aspects of tenure are addressed before, during and after conflict, including in situations of occupation where parties should act in accordance with applicable international humanitarian law.

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.

25.5

In situations of conflicts, whenever possible or when conflicts cease, States and other parties should ensure that tenure problems are addressed in ways that contribute to gender equality and support durable solutions for those affected. Where restitution is possible and, as appropriate, with the assistance of UNHCR and other relevant agencies, refugees and displaced persons should be assisted in voluntarily, safely and with dignity returning to their place of origin, in line with applicable international standards. Procedures for restitution, rehabilitation and reparation should be nondiscriminatory, gender sensitive and widely publicized, and claims for restitution should be processed promptly. Procedures for restitution of tenure rights of indigenous peoples and other communities with customary tenure systems should provide for the use of traditional sources of information.

Download XLSX