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VGGT Land issues

Human Right	Human rights instrument	Article	VGGT Section	VGGT Paragraph
Right to enjoy one's culture	ICCPR International Covenant on Civil and Political Rights	27 In those States in which ethnic, religious or linguistic minorities exist, persons belonging to such minorities shall not be denied the right, in community with the other members of their group, to enjoy their own culture, to profess and practise their own religion, or to use their own language.	Administration of tenure 18. Valuation	18.4 States and other parties should develop and publicize national standards for valuation for governmental, commercial and other purposes. National standards should be consistent with relevant international standards. Training of staff should include methodologies and international standards.
	Right to enjoy one's culture	CRC International Convention on the Rights of the Child	30 In those States in which ethnic, religious or linguistic minorities or persons of indigenous origin exist, a child belonging to such a minority or who is indigenous shall not be denied the right, in community with other members of his or her group, to enjoy his or her own culture, to profess and practise his or her own religion, or to use his or her own language.	Administration of tenure 18. Valuation	18.4 States and other parties should develop and publicize national standards for valuation for governmental, commercial and other purposes. National standards should be consistent with relevant international standards. Training of staff should include methodologies and international standards.
	Right to enjoy one's culture	UNDROP United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas	17.1 1. Peasants and other people living in rural areas have the right to land, individually and/or collectively, in accordance with article 28 of the present Declaration, including the right to have access to, sustainably use and manage land and the water bodies, coastal seas, fisheries, pastures and forests therein, to achieve an adequate standard of living, to have a place to live in security, peace and dignity and to develop their cultures. see also the provisions reported above under "right to land".	Administration of tenure 18. Valuation	18.4 States and other parties should develop and publicize national standards for valuation for governmental, commercial and other purposes. National standards should be consistent with relevant international standards. Training of staff should include methodologies and international standards.
	Right to enjoy one's culture		UNDROP United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas	26 1. Peasants and other people working in rural areas have the right to enjoy their own culture and to pursue freely their cultural development, without interference or any form of discrimination. They also have the right to maintain, express, control, protect and develop their traditional and local knowledge, such as ways of life, methods of production or technology, or customs and tradition. No one may invoke cultural rights to infringe upon the human rights guaranteed by international law, nor to limit their scope. 2. Peasants and other people working in rural areas have the right, individually and/or collectively, in association with others or as a community, to express their local customs, languages, culture, religions, literature and art, in conformity with international human rights standards. 3. States shall respect, and take measures to recognize and protect, the rights of peasants and other people working in rural areas relating to their traditional knowledge, and eliminate discrimination against the traditional knowledge, practices and technologies of peasants and other people working in rural areas	Administration of tenure 18. Valuation	18.4 States and other parties should develop and publicize national standards for valuation for governmental, commercial and other purposes. National standards should be consistent with relevant international standards. Training of staff should include methodologies and international standards.
	Right to enjoy one's culture	UNDRIP United Nations Declaration on the Rights of Indigenous Peoples	25 Indigenous peoples have the right to maintain and strengthen their distinctive spiritual relationship with their traditionally owned or otherwise occupied and used lands, territories, waters and coastal seas and other resources and to uphold their responsibilities to future generations in this regard. see also the provision reported above under "right to land".	Administration of tenure 18. Valuation	18.4 States and other parties should develop and publicize national standards for valuation for governmental, commercial and other purposes. National standards should be consistent with relevant international standards. Training of staff should include methodologies and international standards.
	Right to enjoy one's culture		UNDRIP United Nations Declaration on the Rights of Indigenous Peoples	8 Indigenous peoples and individuals have the right not to be subjected to forced assimilation or destruction of their culture. 2. States shall provide effective mechanisms for prevention of, and redress for: (a) Any action which has the aim or effect of depriving them of their integrity as distinct peoples, or of their cultural values or ethnic identities; (b) Any action which has the aim or effect of dispossessing them of their lands, territories or resources; (c) Any form of forced population transfer which has the aim or effect of violating or undermining any of their rights; (d) Any form of forced assimilation or integration; (e) Any form of propaganda designed to promote or incite racial or ethnic discrimination directed against them	Administration of tenure 18. Valuation	18.4 States and other parties should develop and publicize national standards for valuation for governmental, commercial and other purposes. National standards should be consistent with relevant international standards. Training of staff should include methodologies and international standards.
	Right to enjoy one's culture	ILO C169 Indigenous and Tribal Peoples Convention, 1989 (no.169) – ILO 169	13.1 1. In applying the provisions of this Part of the Convention governments shall respect the special importance for the cultures and spiritual values of the peoples concerned of their relationship with the lands or territories, or both as applicable, which they occupy or otherwise use, and in particular the collective aspects of this relationship. see also the provision reported above under "right to land".	Administration of tenure 18. Valuation	18.4 States and other parties should develop and publicize national standards for valuation for governmental, commercial and other purposes. National standards should be consistent with relevant international standards. Training of staff should include methodologies and international standards.
	Right to enjoy one's culture	European Framework Convention on Minorities Council of Europe Framework Convention for the Protection of National Minorities	5 1. The Parties undertake to promote the conditions necessary for persons belonging to national minorities to maintain and develop their culture, and to preserve the essential elements of their identity, namely their religion, language, traditions and cultural heritage. 2 Without prejudice to measures taken in pursuance of their general integration policy, the Parties shall refrain from policies or practices aimed at assimilation of persons belonging to national minorities against their will and shall protect these persons from any action aimed at such assimilation.	Administration of tenure 18. Valuation	18.4 States and other parties should develop and publicize national standards for valuation for governmental, commercial and other purposes. National standards should be consistent with relevant international standards. Training of staff should include methodologies and international standards.
	Right to enjoy one's culture		European Framework Convention on Minorities Council of Europe Framework Convention for the Protection of National Minorities	10,1 The Parties undertake to recognise that every person belonging to a national minority has the right to use freely and without interference his or her minority language, in private and in public, orally and in writing.	Administration of tenure 18. Valuation	18.4 States and other parties should develop and publicize national standards for valuation for governmental, commercial and other purposes. National standards should be consistent with relevant international standards. Training of staff should include methodologies and international standards.
	Right to enjoy one's culture		European Framework Convention on Minorities Council of Europe Framework Convention for the Protection of National Minorities	11.2 & 3 2. The Parties undertake to recognise that every person belonging to a national minority has the right to display in his or her minority language signs, inscriptions and other information of a private nature visible to the public. 3. In areas traditionally inhabited by substantial numbers of persons belonging to a national minority, the Parties shall endeavour, in the framework of their legal system, including, where appropriate, agreements with other States, and taking into account their specific conditions, to display traditional local names, street names and other topographical indications intended for the public also in the minority language when there is a sufficient demand for such indications.	Administration of tenure 18. Valuation	18.4 States and other parties should develop and publicize national standards for valuation for governmental, commercial and other purposes. National standards should be consistent with relevant international standards. Training of staff should include methodologies and international standards.
Corporate responsibility to respect human rights	UN Guiding Principles on Business and Human Rights - UNGP UN Guiding Principles on Business and Human Rights	General description of the UN Guiding Principles on Business and Human Rights The UN Guiding Principles on Business and Human Rights (UNGPs) is an instrument consisting of 31 principles and is the first global, voluntary standard for preventing and addressing the risk of adverse impacts on human rights linked to business activity. The UNGPs encompass three pillars outlining how States and businesses should implement the framework and includes the state duty to protect against human rights abuses by business by setting clear expectations that companies respect human rights, the corporate responsibility to respect human rights and provide access to remedy.	General matters 5. Policy, legal and organizational frameworks related to tenure	5.2 States should ensure that policy, legal and organizational frameworks for tenure governance are consistent with their existing obligations under national and international law, and with due regard to voluntary commitments under applicable regional and international instruments.
			Corporate responsibility to respect human rights	UN Guiding Principles on Business and Human Rights - UNGP UN Guiding Principles on Business and Human Rights	General description of the UN Guiding Principles on Business and Human Rights The UN Guiding Principles on Business and Human Rights (UNGPs) is an instrument consisting of 31 principles and is the first global, voluntary standard for preventing and addressing the risk of adverse impacts on human rights linked to business activity. The UNGPs encompass three pillars outlining how States and businesses should implement the framework and includes the state duty to protect against human rights abuses by business by setting clear expectations that companies respect human rights, the corporate responsibility to respect human rights and provide access to remedy.	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
			Corporate responsibility to respect human rights	UN Guiding Principles on Business and Human Rights - UNGP UN Guiding Principles on Business and Human Rights	General description of the UN Guiding Principles on Business and Human Rights The UN Guiding Principles on Business and Human Rights (UNGPs) is an instrument consisting of 31 principles and is the first global, voluntary standard for preventing and addressing the risk of adverse impacts on human rights linked to business activity. The UNGPs encompass three pillars outlining how States and businesses should implement the framework and includes the state duty to protect against human rights abuses by business by setting clear expectations that companies respect human rights, the corporate responsibility to respect human rights and provide access to remedy.		Transfers and other changes to tenure rights and duties 12. Investments	12.3 All forms of transactions in tenure rights as a result of investments in land, fisheries and forests should be done transparently in line with relevant national sectoral policies and be consistent with the objectives of social and economic growth and sustainable human development focusing on smallholders.
			Corporate responsibility to respect human rights	UN Guiding Principles on Business and Human Rights - UNGP UN Guiding Principles on Business and Human Rights	General description of the UN Guiding Principles on Business and Human Rights The UN Guiding Principles on Business and Human Rights (UNGPs) is an instrument consisting of 31 principles and is the first global, voluntary standard for preventing and addressing the risk of adverse impacts on human rights linked to business activity. The UNGPs encompass three pillars outlining how States and businesses should implement the framework and includes the state duty to protect against human rights abuses by business by setting clear expectations that companies respect human rights, the corporate responsibility to respect human rights and provide access to remedy.		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
			Corporate responsibility to respect human rights	UN Guiding Principles on Business and Human Rights - UNGP UN Guiding Principles on Business and Human Rights	General description of the UN Guiding Principles on Business and Human Rights The UN Guiding Principles on Business and Human Rights (UNGPs) is an instrument consisting of 31 principles and is the first global, voluntary standard for preventing and addressing the risk of adverse impacts on human rights linked to business activity. The UNGPs encompass three pillars outlining how States and businesses should implement the framework and includes the state duty to protect against human rights abuses by business by setting clear expectations that companies respect human rights, the corporate responsibility to respect human rights and provide access to remedy.		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
		Corporate responsibility to respect human rights	UN Guiding Principles on Business and Human Rights - UNGP UN Guiding Principles on Business and Human Rights	UN Guiding Principles on Business and Human Rights Pillar 2 The Corporate Responsibility to Respect Human Rights. The UNGPs outline the process through which businesses can identify their negative human rights impacts and demonstrate that their policies and procedures are adequate to address them. To meet the responsibility to respect businesses must a) institute a human rights policy commitment to meet the responsibility to respect human rights; b) undertake ongoing human rights due diligence to identify, prevent, mitigate and account for their human rights impacts and c) have processes in place to enable remediation for any adverse human rights impacts they cause or contribute to. Human rights due diligence (HRDD) refers to the process of identifying and addressing the human rights impacts of a business and includes a) assessments of impacts, including through engagement with groups potentially affected by its operations, b) integration of findings of human rights due diligence processes into policies and procedures, c) verification that this objective is achieved by monitoring and evaluating efforts, and d) communication how human rights impacts are addressed.	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
		Corporate responsibility to respect human rights	UN Guiding Principles on Business and Human Rights - UNGP UN Guiding Principles on Business and Human Rights			UN Guiding Principles on Business and Human Rights Pillar 2 The Corporate Responsibility to Respect Human Rights. The UNGPs outline the process through which businesses can identify their negative human rights impacts and demonstrate that their policies and procedures are adequate to address them. To meet the responsibility to respect businesses must a) institute a human rights policy commitment to meet the responsibility to respect human rights; b) undertake ongoing human rights due diligence to identify, prevent, mitigate and account for their human rights impacts and c) have processes in place to enable remediation for any adverse human rights impacts they cause or contribute to. Human rights due diligence (HRDD) refers to the process of identifying and addressing the human rights impacts of a business and includes a) assessments of impacts, including through engagement with groups potentially affected by its operations, b) integration of findings of human rights due diligence processes into policies and procedures, c) verification that this objective is achieved by monitoring and evaluating efforts, and d) communication how human rights impacts are addressed.	Transfers and other changes to tenure rights and duties 12. Investments	12.3 All forms of transactions in tenure rights as a result of investments in land, fisheries and forests should be done transparently in line with relevant national sectoral policies and be consistent with the objectives of social and economic growth and sustainable human development focusing on smallholders.
		Corporate responsibility to respect human rights	UN Guiding Principles on Business and Human Rights - UNGP UN Guiding Principles on Business and Human Rights			UN Guiding Principles on Business and Human Rights Pillar 2 The Corporate Responsibility to Respect Human Rights. The UNGPs outline the process through which businesses can identify their negative human rights impacts and demonstrate that their policies and procedures are adequate to address them. To meet the responsibility to respect businesses must a) institute a human rights policy commitment to meet the responsibility to respect human rights; b) undertake ongoing human rights due diligence to identify, prevent, mitigate and account for their human rights impacts and c) have processes in place to enable remediation for any adverse human rights impacts they cause or contribute to. Human rights due diligence (HRDD) refers to the process of identifying and addressing the human rights impacts of a business and includes a) assessments of impacts, including through engagement with groups potentially affected by its operations, b) integration of findings of human rights due diligence processes into policies and procedures, c) verification that this objective is achieved by monitoring and evaluating efforts, and d) communication how human rights impacts are addressed.	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
		Corporate responsibility to respect human rights	UN Guiding Principles on Business and Human Rights - UNGP UN Guiding Principles on Business and Human Rights			UN Guiding Principles on Business and Human Rights Pillar 2 The Corporate Responsibility to Respect Human Rights. The UNGPs outline the process through which businesses can identify their negative human rights impacts and demonstrate that their policies and procedures are adequate to address them. To meet the responsibility to respect businesses must a) institute a human rights policy commitment to meet the responsibility to respect human rights; b) undertake ongoing human rights due diligence to identify, prevent, mitigate and account for their human rights impacts and c) have processes in place to enable remediation for any adverse human rights impacts they cause or contribute to. Human rights due diligence (HRDD) refers to the process of identifying and addressing the human rights impacts of a business and includes a) assessments of impacts, including through engagement with groups potentially affected by its operations, b) integration of findings of human rights due diligence processes into policies and procedures, c) verification that this objective is achieved by monitoring and evaluating efforts, and d) communication how human rights impacts are addressed.	Transfers and other changes to tenure rights and duties 12. Investments	12.7 In the case of indigenous peoples and their communities, States should ensure that all actions are consistent with their existing obligations under national and international law, and with due regard to voluntary commitments under applicable regional and international instruments, including as appropriate from the International Labour Organization Convention (No 169) concerning Indigenous and Tribal Peoples in Independent Countries and the United Nations Declaration on the Rights of Indigenous Peoples. States and other parties should hold good faith consultation with indigenous peoples before initiating any investment project affecting the resources for which the communities hold rights. Such projects should be based on an effective and meaningful consultation with members of indigenous peoples as described in paragraph 9.9. The principles of consultation and participation of these Guidelines should be applied for investments that use the resources of other communities.