Right to adequate food |
UDHR
Universal Declaration of human rights |
25.1
Everyone has the right to a standard of living adequate for the health and well-being of himself and his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.5
States should determine which of the land, fisheries and forests they own or control will be retained and used by the public sector, and which of these will be allocated for use by others and under what conditions.
|
Right to adequate food |
ICESCR
International Covenant of Economic Social and Cultural rights |
11
1. The States Parties to the present Covenant recognize the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing, and to the continuous improvement of living conditions. The States Parties will take appropriate steps to ensure the realization of this right, recognizing to this effect the essential importance of international co-operation based on free consent.
2. The States Parties to the present Covenant, recognizing the fundamental right of everyone to be free from hunger, shall take, individually and through international co-operation, the measures, including specific programmes, which are needed:
(a) To improve methods of production, conservation and distribution of food by making full use of technical and scientific knowledge, by disseminating knowledge of the principles of nutrition and by developing or reforming agrarian systems in such a way as to achieve the most efficient development and utilization of natural resources;
(b) Taking into account the problems of both food-importing and food-exporting countries, to ensure an equitable distribution of world food supplies in relation to need.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.5
States should determine which of the land, fisheries and forests they own or control will be retained and used by the public sector, and which of these will be allocated for use by others and under what conditions.
|
Right to adequate food |
ICRPD
International Convention on the Rights of Persons with Disabilities |
28.1
States Parties recognize the right of persons with disabilities to an adequate standard of living for themselves and their families, including adequate food, clothing and housing, and to the continuous improvement of living conditions, and shall take appropriate steps to safeguard and promote the realization of this right without discrimination on the basis of disability.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.5
States should determine which of the land, fisheries and forests they own or control will be retained and used by the public sector, and which of these will be allocated for use by others and under what conditions.
|
Right to adequate food |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
15.1
Peasants and other people working in rural areas have the right to adequate food and the fundamental right to be free from hunger. This includes the right to produce food and the right to adequate nutrition, which guarantee the possibility of enjoying the highest degree of physical, emotional and intellectual development.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.5
States should determine which of the land, fisheries and forests they own or control will be retained and used by the public sector, and which of these will be allocated for use by others and under what conditions.
|
Right to adequate food |
Maputo Protocol
Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa |
XV
States Parties shall ensure that women have the right to nutritious and adequate food. In this regard, they shall take appropriate measures to:
a) Provide women with access to clean drinking water, sources of domestic fuel, land, and the means of producing nutritious food;
b) Establish adequate systems of supply and storage to ensure food security.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.5
States should determine which of the land, fisheries and forests they own or control will be retained and used by the public sector, and which of these will be allocated for use by others and under what conditions.
|
Right to adequate food |
ACRWC
African Charter on the Rights and Welfare of the Child |
20,2
State Parties to the present Charter shall in accordance with their means and national conditions take all appropriate measures:
(a) to assist parents and other persons responsible for the child and in case of need, provide material assistance and support programmes particularly with regard to nutrition, health, education, clothing and housing;
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.5
States should determine which of the land, fisheries and forests they own or control will be retained and used by the public sector, and which of these will be allocated for use by others and under what conditions.
|
Right to adequate food |
ADHR
ASEAN Declaration on Human Rights |
28.a
Every person has the right to an adequate standard of living for himself or herself and his or her family including:
a. The right to adequate and affordable food, freedom from hunger and access to safe and nutritious food;
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.5
States should determine which of the land, fisheries and forests they own or control will be retained and used by the public sector, and which of these will be allocated for use by others and under what conditions.
|
Right to adequate housing |
ICRMW
International Convention on the Protection of The Rights of All Migrant Workers and Members of Their Families |
43.1.d
Migrant workers shall enjoy equality of treatment with nationals of the State of employment in relation to … (d) Access to housing, including social housing schemes, and protection against exploitation in respect of rents. NB: As spelt out in article 36 of the ICRMW, this right applies to migrant workers and members of their families who are documented or in a regular situation in the State of employment
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.5
States should determine which of the land, fisheries and forests they own or control will be retained and used by the public sector, and which of these will be allocated for use by others and under what conditions.
|
Right to adequate housing |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
24
1. Peasants and other people working in rural areas have the right to adequate housing. They have the right to sustain a secure home and community in which to live in peace and dignity, and the right to non-discrimination in this context. 2. Peasants and other people working in rural areas have the right to be protected against forced eviction from their home, harassment and other threats. 3. States shall not, arbitrarily or unlawfully, either temporarily or permanently, remove peasants or other people working in rural areas against their will from the homes or
land that they occupy without providing or affording access to appropriate forms of legal or other protection. When eviction is unavoidable, the State must provide or ensure fair and just compensation for any material or other losses.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.5
States should determine which of the land, fisheries and forests they own or control will be retained and used by the public sector, and which of these will be allocated for use by others and under what conditions.
|
Right to adequate housing |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
10
Indigenous peoples shall not be forcibly removed from their lands or territories. No relocation shall take place without the free, prior and informed consent of the indigenous peoples concerned and after agreement on just and fair
compensation and, where possible, with the option of return.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.5
States should determine which of the land, fisheries and forests they own or control will be retained and used by the public sector, and which of these will be allocated for use by others and under what conditions.
|
Right to adequate housing |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
21.1
Indigenous peoples have the right, without discrimination, to the improvement of their economic and social conditions, including, inter alia, in the areas of education, employment, vocational training and retraining, housing, sanitation, health and social security.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.5
States should determine which of the land, fisheries and forests they own or control will be retained and used by the public sector, and which of these will be allocated for use by others and under what conditions.
|
Right to adequate housing |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
23
Indigenous peoples have the right to determine and develop priorities and strategies for exercising their right to development. In particular, indigenous peoples have the right to be actively involved in developing and determining health, housing and other economic and social programmes affecting them and, as far as possible, to administer such programmes through their own institutions.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.5
States should determine which of the land, fisheries and forests they own or control will be retained and used by the public sector, and which of these will be allocated for use by others and under what conditions.
|
Right to adequate housing |
ILO C169
Indigenous and Tribal Peoples Convention, 1989 (no.169) – ILO 169 |
16
1. Subject to the following paragraphs of this Article, the peoples concerned shall not be removed from the lands which they occupy.
2. Where the relocation of these peoples is considered necessary as an exceptional measure, such relocation shall take place only with their free and informed consent. Where their consent cannot be obtained, such relocation shall take place only following appropriate procedures established by national laws and regulations, including public inquiries where appropriate, which provide the opportunity for effective representation of the peoples concerned.
3. Whenever possible, these peoples shall have the right to return to their traditional lands, as soon as the grounds for relocation cease to exist.
4. When such return is not possible, as determined by agreement or, in the absence of such agreement, through appropriate procedures, these peoples shall be provided in all possible cases with lands of quality and legal status at least equal to that of the lands previously occupied by them, suitable to provide for their present needs and future development. Where the peoples concerned express a preference for compensation in money or in kind, they shall be so compensated under appropriate guarantees.
5. Persons thus relocated shall be fully compensated for any resulting loss or injury.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.5
States should determine which of the land, fisheries and forests they own or control will be retained and used by the public sector, and which of these will be allocated for use by others and under what conditions.
|
Right to adequate housing |
UDHR
Universal Declaration of human rights |
25.1
Everyone has the right to a standard of living adequate for the health and well-being of himself and his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.5
States should determine which of the land, fisheries and forests they own or control will be retained and used by the public sector, and which of these will be allocated for use by others and under what conditions.
|
Right to adequate housing |
ICESCR
International Covenant of Economic Social and Cultural rights |
11.1
The States Parties to the present Covenant recognize the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing, and to the continuous improvement of living conditions. The States Parties will take appropriate steps to ensure the realization of this right, recognizing to this effect the essential importance of international cooperation based on free consent
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.5
States should determine which of the land, fisheries and forests they own or control will be retained and used by the public sector, and which of these will be allocated for use by others and under what conditions.
|
Right to adequate housing |
ICERD
International Convention on the Elimination of All Forms of Racial Discrimination |
5.e.iii
In compliance with the fundamental obligations laid down in article 2 of this Convention, States Parties undertake to prohibit and to eliminate racial discrimination in all its forms and to guarantee the right of everyone, without distinction as to race, colour, or national or ethnic origin, to equality before the law, notably in the enjoyment of the following rights: [..] (e) Economic, social and cultural rights, in particular: [..] (iii) The right to housing
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.5
States should determine which of the land, fisheries and forests they own or control will be retained and used by the public sector, and which of these will be allocated for use by others and under what conditions.
|
Right to adequate housing |
ICEDAW
International Convention on the Elimination of All Forms of Discrimination Against Women |
12.2.h
States Parties shall undertake all appropriate measures to eliminate discrimination against women in rural areas in order to ensure, on a basis of equality of men and women, that they participate in and benefit from rural development and, in particular, shall ensure to such women the right … (h) to enjoy adequate living conditions, particularly in relation to housing, sanitation, electricity and water supply, transport and communications
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.5
States should determine which of the land, fisheries and forests they own or control will be retained and used by the public sector, and which of these will be allocated for use by others and under what conditions.
|
Right to adequate housing |
ICRPD
International Convention on the Rights of Persons with Disabilities |
28.1
States Parties recognize the right of persons with disabilities to an adequate standard of living for themselves and their families, including adequate food, clothing and housing, and to the continuous improvement of living conditions, and shall take appropriate steps to safeguard and promote the realization of this right without discrimination on the basis of disability.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.5
States should determine which of the land, fisheries and forests they own or control will be retained and used by the public sector, and which of these will be allocated for use by others and under what conditions.
|
Right to adequate housing |
ESC
European Social Charter (revised) |
Part I, Article 31
Everyone has the right to housing.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.5
States should determine which of the land, fisheries and forests they own or control will be retained and used by the public sector, and which of these will be allocated for use by others and under what conditions.
|
Right to adequate housing |
ESC
European Social Charter (revised) |
Part II, Article 31
With a view to ensuring the effective exercise of the right to housing, the Parties undertake to take measures designed:
1. to promote access to housing of an adequate standard;
2. to prevent and reduce homelessness with a view to its gradual elimination;
3. to make the price of housing accessible to those without adequate resources.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.5
States should determine which of the land, fisheries and forests they own or control will be retained and used by the public sector, and which of these will be allocated for use by others and under what conditions.
|
Right to adequate housing |
Maputo Protocol
Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa |
XVI
Women shall have the right to equal access to housing and to acceptable living conditions in a healthy environment. To ensure this right, States Parties shall grant to women, whatever their marital status, access to adequate housing.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.5
States should determine which of the land, fisheries and forests they own or control will be retained and used by the public sector, and which of these will be allocated for use by others and under what conditions.
|
Right to adequate housing |
ACRWC
African Charter on the Rights and Welfare of the Child |
20,2
State Parties to the present Charter shall in accordance with their means and national conditions take all appropriate measures:
(a) to assist parents and other persons responsible for the child and in case of need, provide material assistance and support programmes particularly with regard to nutrition, health, education, clothing and housing;
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.5
States should determine which of the land, fisheries and forests they own or control will be retained and used by the public sector, and which of these will be allocated for use by others and under what conditions.
|
Right to adequate housing |
CIADDIS
Inter-American Convention on the Elimination of All Forms of Discrimination against Persons with Disabilities |
III.1
To achieve the objectives of this Convention, the states parties undertake:
1. To adopt the legislative, social, educational, labor-related, or any other measures needed to eliminate discrimination against persons with disabilities and to promote their full integration into society, including, but not limited to:
a) Measures to eliminate discrimination gradually and to promote integration by government authorities and/or private entities in providing or making available goods, services, facilities, programs, and activities such as employment, transportation, communications, housing, recreation, education, sports, law enforcement and administration of justice, and political and administrative activities;
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.5
States should determine which of the land, fisheries and forests they own or control will be retained and used by the public sector, and which of these will be allocated for use by others and under what conditions.
|
Right to adequate housing |
ADHR
ASEAN Declaration on Human Rights |
28.c
Every person has the right to an adequate standard of living for himself or herself and his or her family including:
c. The right to adequate and affordable housing;
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.5
States should determine which of the land, fisheries and forests they own or control will be retained and used by the public sector, and which of these will be allocated for use by others and under what conditions.
|
Right to an adequate standard of living |
UDHR
Universal Declaration of human rights |
25.1
Everyone has the right to a standard of living adequate for the health and well-being of himself and his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.1
Where States own or control land, fisheries and forests, they should determine the use and control of these resources in light of broader social, economic and environmental objectives. They should ensure that all
actions are consistent with their existing obligations under national and international law, and with due regard to voluntary commitments under applicable regional and international instruments
|
Right to an adequate standard of living |
UDHR
Universal Declaration of human rights |
25.1
Everyone has the right to a standard of living adequate for the health and well-being of himself and his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.6
States should develop and publicize policies covering the use and control of land, fisheries and forests that are retained by the public sector and should strive to develop policies that promote equitable distribution of benefits from State-owned land, fisheries and forests. Policies should
take into account the tenure rights of others and anyone who could be affected should be included in the consultation process consistent with the principles of consultation and participation of these Guidelines. The administration of, and transactions concerning, these resources should be undertaken in an effective, transparent and accountable manner in fulfilment of public policies.
|
Right to an adequate standard of living |
UDHR
Universal Declaration of human rights |
25.1
Everyone has the right to a standard of living adequate for the health and well-being of himself and his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.7
States should develop and publicize policies covering the allocation of tenure rights to others and, where appropriate, the delegation of responsibilities for tenure governance. Policies for allocation of tenure rights should be consistent with broader social, economic and environmental objectives. Local communities that have traditionally used the land, fisheries and forests should receive due consideration in the reallocation of tenure rights. Policies should take into account the tenure rights of others and anyone who could be affected should be included in the consultation, participation and decision-making processes. Such policies should ensure that the allocation of tenure rights does not threaten the livelihoods of people by depriving them of their legitimate access to these resources.
|
Right to an adequate standard of living |
UDHR
Universal Declaration of human rights |
25.1
Everyone has the right to a standard of living adequate for the health and well-being of himself and his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.11
States should monitor the outcome of allocation programmes, including the gender-differentiated impacts on food security and poverty eradication as well as their impacts on social, economic and environmental objectives, and introduce corrective measures as required.
|
Right to an adequate standard of living |
ICESCR
International Covenant of Economic Social and Cultural rights |
11.1
The States Parties to the present Covenant recognize the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing, and to the continuous improvement of living conditions. The States Parties will take appropriate steps to ensure the realization of this right, recognizing to this effect the essential importance of international cooperation based on free consent
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.1
Where States own or control land, fisheries and forests, they should determine the use and control of these resources in light of broader social, economic and environmental objectives. They should ensure that all
actions are consistent with their existing obligations under national and international law, and with due regard to voluntary commitments under applicable regional and international instruments
|
Right to an adequate standard of living |
ICESCR
International Covenant of Economic Social and Cultural rights |
11.1
The States Parties to the present Covenant recognize the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing, and to the continuous improvement of living conditions. The States Parties will take appropriate steps to ensure the realization of this right, recognizing to this effect the essential importance of international cooperation based on free consent
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.6
States should develop and publicize policies covering the use and control of land, fisheries and forests that are retained by the public sector and should strive to develop policies that promote equitable distribution of benefits from State-owned land, fisheries and forests. Policies should
take into account the tenure rights of others and anyone who could be affected should be included in the consultation process consistent with the principles of consultation and participation of these Guidelines. The administration of, and transactions concerning, these resources should be undertaken in an effective, transparent and accountable manner in fulfilment of public policies.
|
Right to an adequate standard of living |
ICESCR
International Covenant of Economic Social and Cultural rights |
11.1
The States Parties to the present Covenant recognize the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing, and to the continuous improvement of living conditions. The States Parties will take appropriate steps to ensure the realization of this right, recognizing to this effect the essential importance of international cooperation based on free consent
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.7
States should develop and publicize policies covering the allocation of tenure rights to others and, where appropriate, the delegation of responsibilities for tenure governance. Policies for allocation of tenure rights should be consistent with broader social, economic and environmental objectives. Local communities that have traditionally used the land, fisheries and forests should receive due consideration in the reallocation of tenure rights. Policies should take into account the tenure rights of others and anyone who could be affected should be included in the consultation, participation and decision-making processes. Such policies should ensure that the allocation of tenure rights does not threaten the livelihoods of people by depriving them of their legitimate access to these resources.
|
Right to an adequate standard of living |
ICESCR
International Covenant of Economic Social and Cultural rights |
11.1
The States Parties to the present Covenant recognize the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing, and to the continuous improvement of living conditions. The States Parties will take appropriate steps to ensure the realization of this right, recognizing to this effect the essential importance of international cooperation based on free consent
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.11
States should monitor the outcome of allocation programmes, including the gender-differentiated impacts on food security and poverty eradication as well as their impacts on social, economic and environmental objectives, and introduce corrective measures as required.
|
Right to an adequate standard of living |
ICERD
International Convention on the Elimination of All Forms of Racial Discrimination |
5.e.iii
In compliance with the fundamental obligations laid down in article 2 of this Convention, States Parties undertake to prohibit and to eliminate racial discrimination in all its forms and to guarantee the right of everyone, without distinction as to race, colour, or national or ethnic origin, to equality before the law, notably in the enjoyment of the following rights: [..] (e) Economic, social and cultural rights, in particular: [..] (iii) The right to housing
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.1
Where States own or control land, fisheries and forests, they should determine the use and control of these resources in light of broader social, economic and environmental objectives. They should ensure that all
actions are consistent with their existing obligations under national and international law, and with due regard to voluntary commitments under applicable regional and international instruments
|
Right to an adequate standard of living |
ICERD
International Convention on the Elimination of All Forms of Racial Discrimination |
5.e.iii
In compliance with the fundamental obligations laid down in article 2 of this Convention, States Parties undertake to prohibit and to eliminate racial discrimination in all its forms and to guarantee the right of everyone, without distinction as to race, colour, or national or ethnic origin, to equality before the law, notably in the enjoyment of the following rights: [..] (e) Economic, social and cultural rights, in particular: [..] (iii) The right to housing
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.6
States should develop and publicize policies covering the use and control of land, fisheries and forests that are retained by the public sector and should strive to develop policies that promote equitable distribution of benefits from State-owned land, fisheries and forests. Policies should
take into account the tenure rights of others and anyone who could be affected should be included in the consultation process consistent with the principles of consultation and participation of these Guidelines. The administration of, and transactions concerning, these resources should be undertaken in an effective, transparent and accountable manner in fulfilment of public policies.
|
Right to an adequate standard of living |
ICERD
International Convention on the Elimination of All Forms of Racial Discrimination |
5.e.iii
In compliance with the fundamental obligations laid down in article 2 of this Convention, States Parties undertake to prohibit and to eliminate racial discrimination in all its forms and to guarantee the right of everyone, without distinction as to race, colour, or national or ethnic origin, to equality before the law, notably in the enjoyment of the following rights: [..] (e) Economic, social and cultural rights, in particular: [..] (iii) The right to housing
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.7
States should develop and publicize policies covering the allocation of tenure rights to others and, where appropriate, the delegation of responsibilities for tenure governance. Policies for allocation of tenure rights should be consistent with broader social, economic and environmental objectives. Local communities that have traditionally used the land, fisheries and forests should receive due consideration in the reallocation of tenure rights. Policies should take into account the tenure rights of others and anyone who could be affected should be included in the consultation, participation and decision-making processes. Such policies should ensure that the allocation of tenure rights does not threaten the livelihoods of people by depriving them of their legitimate access to these resources.
|
Right to an adequate standard of living |
ICERD
International Convention on the Elimination of All Forms of Racial Discrimination |
5.e.iii
In compliance with the fundamental obligations laid down in article 2 of this Convention, States Parties undertake to prohibit and to eliminate racial discrimination in all its forms and to guarantee the right of everyone, without distinction as to race, colour, or national or ethnic origin, to equality before the law, notably in the enjoyment of the following rights: [..] (e) Economic, social and cultural rights, in particular: [..] (iii) The right to housing
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.11
States should monitor the outcome of allocation programmes, including the gender-differentiated impacts on food security and poverty eradication as well as their impacts on social, economic and environmental objectives, and introduce corrective measures as required.
|
Right to an adequate standard of living |
ICEDAW
International Convention on the Elimination of All Forms of Discrimination Against Women |
12.2.h
States Parties shall undertake all appropriate measures to eliminate discrimination against women in rural areas in order to ensure, on a basis of equality of men and women, that they participate in and benefit from rural development and, in particular, shall ensure to such women the right … (h) to enjoy adequate living conditions, particularly in relation to housing, sanitation, electricity and water supply, transport and communications
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.1
Where States own or control land, fisheries and forests, they should determine the use and control of these resources in light of broader social, economic and environmental objectives. They should ensure that all
actions are consistent with their existing obligations under national and international law, and with due regard to voluntary commitments under applicable regional and international instruments
|
Right to an adequate standard of living |
ICEDAW
International Convention on the Elimination of All Forms of Discrimination Against Women |
12.2.h
States Parties shall undertake all appropriate measures to eliminate discrimination against women in rural areas in order to ensure, on a basis of equality of men and women, that they participate in and benefit from rural development and, in particular, shall ensure to such women the right … (h) to enjoy adequate living conditions, particularly in relation to housing, sanitation, electricity and water supply, transport and communications
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.6
States should develop and publicize policies covering the use and control of land, fisheries and forests that are retained by the public sector and should strive to develop policies that promote equitable distribution of benefits from State-owned land, fisheries and forests. Policies should
take into account the tenure rights of others and anyone who could be affected should be included in the consultation process consistent with the principles of consultation and participation of these Guidelines. The administration of, and transactions concerning, these resources should be undertaken in an effective, transparent and accountable manner in fulfilment of public policies.
|
Right to an adequate standard of living |
ICEDAW
International Convention on the Elimination of All Forms of Discrimination Against Women |
12.2.h
States Parties shall undertake all appropriate measures to eliminate discrimination against women in rural areas in order to ensure, on a basis of equality of men and women, that they participate in and benefit from rural development and, in particular, shall ensure to such women the right … (h) to enjoy adequate living conditions, particularly in relation to housing, sanitation, electricity and water supply, transport and communications
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.7
States should develop and publicize policies covering the allocation of tenure rights to others and, where appropriate, the delegation of responsibilities for tenure governance. Policies for allocation of tenure rights should be consistent with broader social, economic and environmental objectives. Local communities that have traditionally used the land, fisheries and forests should receive due consideration in the reallocation of tenure rights. Policies should take into account the tenure rights of others and anyone who could be affected should be included in the consultation, participation and decision-making processes. Such policies should ensure that the allocation of tenure rights does not threaten the livelihoods of people by depriving them of their legitimate access to these resources.
|
Right to an adequate standard of living |
ICEDAW
International Convention on the Elimination of All Forms of Discrimination Against Women |
12.2.h
States Parties shall undertake all appropriate measures to eliminate discrimination against women in rural areas in order to ensure, on a basis of equality of men and women, that they participate in and benefit from rural development and, in particular, shall ensure to such women the right … (h) to enjoy adequate living conditions, particularly in relation to housing, sanitation, electricity and water supply, transport and communications
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.11
States should monitor the outcome of allocation programmes, including the gender-differentiated impacts on food security and poverty eradication as well as their impacts on social, economic and environmental objectives, and introduce corrective measures as required.
|
Right to an adequate standard of living |
ICRPD
International Convention on the Rights of Persons with Disabilities |
28.1
States Parties recognize the right of persons with disabilities to an adequate standard of living for themselves and their families, including adequate food, clothing and housing, and to the continuous improvement of living conditions, and shall take appropriate steps to safeguard and promote the realization of this right without discrimination on the basis of disability.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.1
Where States own or control land, fisheries and forests, they should determine the use and control of these resources in light of broader social, economic and environmental objectives. They should ensure that all
actions are consistent with their existing obligations under national and international law, and with due regard to voluntary commitments under applicable regional and international instruments
|
Right to an adequate standard of living |
ICRPD
International Convention on the Rights of Persons with Disabilities |
28.1
States Parties recognize the right of persons with disabilities to an adequate standard of living for themselves and their families, including adequate food, clothing and housing, and to the continuous improvement of living conditions, and shall take appropriate steps to safeguard and promote the realization of this right without discrimination on the basis of disability.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.6
States should develop and publicize policies covering the use and control of land, fisheries and forests that are retained by the public sector and should strive to develop policies that promote equitable distribution of benefits from State-owned land, fisheries and forests. Policies should
take into account the tenure rights of others and anyone who could be affected should be included in the consultation process consistent with the principles of consultation and participation of these Guidelines. The administration of, and transactions concerning, these resources should be undertaken in an effective, transparent and accountable manner in fulfilment of public policies.
|
Right to an adequate standard of living |
ICRPD
International Convention on the Rights of Persons with Disabilities |
28.1
States Parties recognize the right of persons with disabilities to an adequate standard of living for themselves and their families, including adequate food, clothing and housing, and to the continuous improvement of living conditions, and shall take appropriate steps to safeguard and promote the realization of this right without discrimination on the basis of disability.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.7
States should develop and publicize policies covering the allocation of tenure rights to others and, where appropriate, the delegation of responsibilities for tenure governance. Policies for allocation of tenure rights should be consistent with broader social, economic and environmental objectives. Local communities that have traditionally used the land, fisheries and forests should receive due consideration in the reallocation of tenure rights. Policies should take into account the tenure rights of others and anyone who could be affected should be included in the consultation, participation and decision-making processes. Such policies should ensure that the allocation of tenure rights does not threaten the livelihoods of people by depriving them of their legitimate access to these resources.
|
Right to an adequate standard of living |
ICRPD
International Convention on the Rights of Persons with Disabilities |
28.1
States Parties recognize the right of persons with disabilities to an adequate standard of living for themselves and their families, including adequate food, clothing and housing, and to the continuous improvement of living conditions, and shall take appropriate steps to safeguard and promote the realization of this right without discrimination on the basis of disability.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.11
States should monitor the outcome of allocation programmes, including the gender-differentiated impacts on food security and poverty eradication as well as their impacts on social, economic and environmental objectives, and introduce corrective measures as required.
|
Right to an adequate standard of living |
ICRMW
International Convention on the Protection of The Rights of All Migrant Workers and Members of Their Families |
43.1.d
Migrant workers shall enjoy equality of treatment with nationals of the State of employment in relation to … (d) Access to housing, including social housing schemes, and protection against exploitation in respect of rents. NB: As spelt out in article 36 of the ICRMW, this right applies to migrant workers and members of their families who are documented or in a regular situation in the State of employment
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.1
Where States own or control land, fisheries and forests, they should determine the use and control of these resources in light of broader social, economic and environmental objectives. They should ensure that all
actions are consistent with their existing obligations under national and international law, and with due regard to voluntary commitments under applicable regional and international instruments
|
Right to an adequate standard of living |
ICRMW
International Convention on the Protection of The Rights of All Migrant Workers and Members of Their Families |
43.1.d
Migrant workers shall enjoy equality of treatment with nationals of the State of employment in relation to … (d) Access to housing, including social housing schemes, and protection against exploitation in respect of rents. NB: As spelt out in article 36 of the ICRMW, this right applies to migrant workers and members of their families who are documented or in a regular situation in the State of employment
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.6
States should develop and publicize policies covering the use and control of land, fisheries and forests that are retained by the public sector and should strive to develop policies that promote equitable distribution of benefits from State-owned land, fisheries and forests. Policies should
take into account the tenure rights of others and anyone who could be affected should be included in the consultation process consistent with the principles of consultation and participation of these Guidelines. The administration of, and transactions concerning, these resources should be undertaken in an effective, transparent and accountable manner in fulfilment of public policies.
|
Right to an adequate standard of living |
ICRMW
International Convention on the Protection of The Rights of All Migrant Workers and Members of Their Families |
43.1.d
Migrant workers shall enjoy equality of treatment with nationals of the State of employment in relation to … (d) Access to housing, including social housing schemes, and protection against exploitation in respect of rents. NB: As spelt out in article 36 of the ICRMW, this right applies to migrant workers and members of their families who are documented or in a regular situation in the State of employment
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.7
States should develop and publicize policies covering the allocation of tenure rights to others and, where appropriate, the delegation of responsibilities for tenure governance. Policies for allocation of tenure rights should be consistent with broader social, economic and environmental objectives. Local communities that have traditionally used the land, fisheries and forests should receive due consideration in the reallocation of tenure rights. Policies should take into account the tenure rights of others and anyone who could be affected should be included in the consultation, participation and decision-making processes. Such policies should ensure that the allocation of tenure rights does not threaten the livelihoods of people by depriving them of their legitimate access to these resources.
|
Right to an adequate standard of living |
ICRMW
International Convention on the Protection of The Rights of All Migrant Workers and Members of Their Families |
43.1.d
Migrant workers shall enjoy equality of treatment with nationals of the State of employment in relation to … (d) Access to housing, including social housing schemes, and protection against exploitation in respect of rents. NB: As spelt out in article 36 of the ICRMW, this right applies to migrant workers and members of their families who are documented or in a regular situation in the State of employment
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.11
States should monitor the outcome of allocation programmes, including the gender-differentiated impacts on food security and poverty eradication as well as their impacts on social, economic and environmental objectives, and introduce corrective measures as required.
|
Right to an adequate standard of living |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
16
1. Peasants and other people working in rural areas have the right to an adequate
standard of living for themselves and their families, and to facilitated access to the means of
production necessary to achieve them, including production tools, technical assistance,
credit, insurance and other financial services. They also have the right to engage freely,
individually and/or collectively, in association with others or as a community, in traditional ways of farming, fishing, livestock rearing and forestry and to develop community-based commercialization systems.
2. States shall take appropriate measures to favour the access of peasants and other people working in rural areas to the means of transportation, and processing, drying
and storage facilities necessary for selling their products on local, national and regional markets at prices that guarantee them a decent income and livelihood.
3. States shall take appropriate measures to strengthen and support local, national and regional markets in ways that facilitate, and ensure that peasants and other people working in rural areas have, full and equitable access and participation in these markets to sell their products at prices that allow them and their families to attain an adequate standard of living.
4. States shall take all appropriate measures to ensure that their rural development, agricultural, environmental, trade and investment policies and programmes contribute effectively to protecting and strengthening local livelihood options and to the transition to sustainable modes of agricultural production. States shall stimulate sustainable production, including agroecological and organic production, whenever possible, and facilitate direct farmer-to-consumer sales.
5. States shall take appropriate measures to strengthen the resilience of peasants and other people working in rural areas against natural disasters and other severe disruptions, such as market failures.
6. States shall take appropriate measures to ensure fair wages and equal remuneration for work of equal value, without distinction of any kind.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.1
Where States own or control land, fisheries and forests, they should determine the use and control of these resources in light of broader social, economic and environmental objectives. They should ensure that all
actions are consistent with their existing obligations under national and international law, and with due regard to voluntary commitments under applicable regional and international instruments
|
Right to an adequate standard of living |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
16
1. Peasants and other people working in rural areas have the right to an adequate
standard of living for themselves and their families, and to facilitated access to the means of
production necessary to achieve them, including production tools, technical assistance,
credit, insurance and other financial services. They also have the right to engage freely,
individually and/or collectively, in association with others or as a community, in traditional ways of farming, fishing, livestock rearing and forestry and to develop community-based commercialization systems.
2. States shall take appropriate measures to favour the access of peasants and other people working in rural areas to the means of transportation, and processing, drying
and storage facilities necessary for selling their products on local, national and regional markets at prices that guarantee them a decent income and livelihood.
3. States shall take appropriate measures to strengthen and support local, national and regional markets in ways that facilitate, and ensure that peasants and other people working in rural areas have, full and equitable access and participation in these markets to sell their products at prices that allow them and their families to attain an adequate standard of living.
4. States shall take all appropriate measures to ensure that their rural development, agricultural, environmental, trade and investment policies and programmes contribute effectively to protecting and strengthening local livelihood options and to the transition to sustainable modes of agricultural production. States shall stimulate sustainable production, including agroecological and organic production, whenever possible, and facilitate direct farmer-to-consumer sales.
5. States shall take appropriate measures to strengthen the resilience of peasants and other people working in rural areas against natural disasters and other severe disruptions, such as market failures.
6. States shall take appropriate measures to ensure fair wages and equal remuneration for work of equal value, without distinction of any kind.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.6
States should develop and publicize policies covering the use and control of land, fisheries and forests that are retained by the public sector and should strive to develop policies that promote equitable distribution of benefits from State-owned land, fisheries and forests. Policies should
take into account the tenure rights of others and anyone who could be affected should be included in the consultation process consistent with the principles of consultation and participation of these Guidelines. The administration of, and transactions concerning, these resources should be undertaken in an effective, transparent and accountable manner in fulfilment of public policies.
|
Right to an adequate standard of living |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
16
1. Peasants and other people working in rural areas have the right to an adequate
standard of living for themselves and their families, and to facilitated access to the means of
production necessary to achieve them, including production tools, technical assistance,
credit, insurance and other financial services. They also have the right to engage freely,
individually and/or collectively, in association with others or as a community, in traditional ways of farming, fishing, livestock rearing and forestry and to develop community-based commercialization systems.
2. States shall take appropriate measures to favour the access of peasants and other people working in rural areas to the means of transportation, and processing, drying
and storage facilities necessary for selling their products on local, national and regional markets at prices that guarantee them a decent income and livelihood.
3. States shall take appropriate measures to strengthen and support local, national and regional markets in ways that facilitate, and ensure that peasants and other people working in rural areas have, full and equitable access and participation in these markets to sell their products at prices that allow them and their families to attain an adequate standard of living.
4. States shall take all appropriate measures to ensure that their rural development, agricultural, environmental, trade and investment policies and programmes contribute effectively to protecting and strengthening local livelihood options and to the transition to sustainable modes of agricultural production. States shall stimulate sustainable production, including agroecological and organic production, whenever possible, and facilitate direct farmer-to-consumer sales.
5. States shall take appropriate measures to strengthen the resilience of peasants and other people working in rural areas against natural disasters and other severe disruptions, such as market failures.
6. States shall take appropriate measures to ensure fair wages and equal remuneration for work of equal value, without distinction of any kind.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.7
States should develop and publicize policies covering the allocation of tenure rights to others and, where appropriate, the delegation of responsibilities for tenure governance. Policies for allocation of tenure rights should be consistent with broader social, economic and environmental objectives. Local communities that have traditionally used the land, fisheries and forests should receive due consideration in the reallocation of tenure rights. Policies should take into account the tenure rights of others and anyone who could be affected should be included in the consultation, participation and decision-making processes. Such policies should ensure that the allocation of tenure rights does not threaten the livelihoods of people by depriving them of their legitimate access to these resources.
|
Right to an adequate standard of living |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
16
1. Peasants and other people working in rural areas have the right to an adequate
standard of living for themselves and their families, and to facilitated access to the means of
production necessary to achieve them, including production tools, technical assistance,
credit, insurance and other financial services. They also have the right to engage freely,
individually and/or collectively, in association with others or as a community, in traditional ways of farming, fishing, livestock rearing and forestry and to develop community-based commercialization systems.
2. States shall take appropriate measures to favour the access of peasants and other people working in rural areas to the means of transportation, and processing, drying
and storage facilities necessary for selling their products on local, national and regional markets at prices that guarantee them a decent income and livelihood.
3. States shall take appropriate measures to strengthen and support local, national and regional markets in ways that facilitate, and ensure that peasants and other people working in rural areas have, full and equitable access and participation in these markets to sell their products at prices that allow them and their families to attain an adequate standard of living.
4. States shall take all appropriate measures to ensure that their rural development, agricultural, environmental, trade and investment policies and programmes contribute effectively to protecting and strengthening local livelihood options and to the transition to sustainable modes of agricultural production. States shall stimulate sustainable production, including agroecological and organic production, whenever possible, and facilitate direct farmer-to-consumer sales.
5. States shall take appropriate measures to strengthen the resilience of peasants and other people working in rural areas against natural disasters and other severe disruptions, such as market failures.
6. States shall take appropriate measures to ensure fair wages and equal remuneration for work of equal value, without distinction of any kind.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.11
States should monitor the outcome of allocation programmes, including the gender-differentiated impacts on food security and poverty eradication as well as their impacts on social, economic and environmental objectives, and introduce corrective measures as required.
|
Right to an adequate standard of living |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
21
1. Indigenous peoples have the right, without discrimination, to the improvement of their economic and social conditions, including, inter alia, in the areas of education, employment, vocational training and retraining, housing, sanitation, health and social security. 2. States shall take effective measures and, where appropriate, special
measures to ensure continuing improvement of their economic and social conditions. Particular attention shall be paid to the rights and special needs of indigenous elders, women, youth, children and persons with disabilities.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.1
Where States own or control land, fisheries and forests, they should determine the use and control of these resources in light of broader social, economic and environmental objectives. They should ensure that all
actions are consistent with their existing obligations under national and international law, and with due regard to voluntary commitments under applicable regional and international instruments
|
Right to an adequate standard of living |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
21
1. Indigenous peoples have the right, without discrimination, to the improvement of their economic and social conditions, including, inter alia, in the areas of education, employment, vocational training and retraining, housing, sanitation, health and social security. 2. States shall take effective measures and, where appropriate, special
measures to ensure continuing improvement of their economic and social conditions. Particular attention shall be paid to the rights and special needs of indigenous elders, women, youth, children and persons with disabilities.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.6
States should develop and publicize policies covering the use and control of land, fisheries and forests that are retained by the public sector and should strive to develop policies that promote equitable distribution of benefits from State-owned land, fisheries and forests. Policies should
take into account the tenure rights of others and anyone who could be affected should be included in the consultation process consistent with the principles of consultation and participation of these Guidelines. The administration of, and transactions concerning, these resources should be undertaken in an effective, transparent and accountable manner in fulfilment of public policies.
|
Right to an adequate standard of living |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
21
1. Indigenous peoples have the right, without discrimination, to the improvement of their economic and social conditions, including, inter alia, in the areas of education, employment, vocational training and retraining, housing, sanitation, health and social security. 2. States shall take effective measures and, where appropriate, special
measures to ensure continuing improvement of their economic and social conditions. Particular attention shall be paid to the rights and special needs of indigenous elders, women, youth, children and persons with disabilities.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.7
States should develop and publicize policies covering the allocation of tenure rights to others and, where appropriate, the delegation of responsibilities for tenure governance. Policies for allocation of tenure rights should be consistent with broader social, economic and environmental objectives. Local communities that have traditionally used the land, fisheries and forests should receive due consideration in the reallocation of tenure rights. Policies should take into account the tenure rights of others and anyone who could be affected should be included in the consultation, participation and decision-making processes. Such policies should ensure that the allocation of tenure rights does not threaten the livelihoods of people by depriving them of their legitimate access to these resources.
|
Right to an adequate standard of living |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
21
1. Indigenous peoples have the right, without discrimination, to the improvement of their economic and social conditions, including, inter alia, in the areas of education, employment, vocational training and retraining, housing, sanitation, health and social security. 2. States shall take effective measures and, where appropriate, special
measures to ensure continuing improvement of their economic and social conditions. Particular attention shall be paid to the rights and special needs of indigenous elders, women, youth, children and persons with disabilities.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.11
States should monitor the outcome of allocation programmes, including the gender-differentiated impacts on food security and poverty eradication as well as their impacts on social, economic and environmental objectives, and introduce corrective measures as required.
|
Right to an adequate standard of living |
ESC
European Social Charter (revised) |
Part I, Article 30
Everyone has the right to protection against poverty and social exclusion.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.1
Where States own or control land, fisheries and forests, they should determine the use and control of these resources in light of broader social, economic and environmental objectives. They should ensure that all
actions are consistent with their existing obligations under national and international law, and with due regard to voluntary commitments under applicable regional and international instruments
|
Right to an adequate standard of living |
ESC
European Social Charter (revised) |
Part I, Article 30
Everyone has the right to protection against poverty and social exclusion.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.6
States should develop and publicize policies covering the use and control of land, fisheries and forests that are retained by the public sector and should strive to develop policies that promote equitable distribution of benefits from State-owned land, fisheries and forests. Policies should
take into account the tenure rights of others and anyone who could be affected should be included in the consultation process consistent with the principles of consultation and participation of these Guidelines. The administration of, and transactions concerning, these resources should be undertaken in an effective, transparent and accountable manner in fulfilment of public policies.
|
Right to an adequate standard of living |
ESC
European Social Charter (revised) |
Part I, Article 30
Everyone has the right to protection against poverty and social exclusion.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.7
States should develop and publicize policies covering the allocation of tenure rights to others and, where appropriate, the delegation of responsibilities for tenure governance. Policies for allocation of tenure rights should be consistent with broader social, economic and environmental objectives. Local communities that have traditionally used the land, fisheries and forests should receive due consideration in the reallocation of tenure rights. Policies should take into account the tenure rights of others and anyone who could be affected should be included in the consultation, participation and decision-making processes. Such policies should ensure that the allocation of tenure rights does not threaten the livelihoods of people by depriving them of their legitimate access to these resources.
|
Right to an adequate standard of living |
ESC
European Social Charter (revised) |
Part I, Article 30
Everyone has the right to protection against poverty and social exclusion.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.11
States should monitor the outcome of allocation programmes, including the gender-differentiated impacts on food security and poverty eradication as well as their impacts on social, economic and environmental objectives, and introduce corrective measures as required.
|
Right to an adequate standard of living |
ESC
European Social Charter (revised) |
Part II, Article 30
With a view to ensuring the effective exercise of the right to protection against poverty and social exclusion, the Parties undertake:
a. to take measures within the framework of an overall and co-ordinated approach to promote the effective access of persons who live or risk living in a situation
of social exclusion or poverty, as well as their families, to, in particular, employment, housing, training, education, culture and social and medical assistance;
b. to review these measures with a view to their adaptation if necessary.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.1
Where States own or control land, fisheries and forests, they should determine the use and control of these resources in light of broader social, economic and environmental objectives. They should ensure that all
actions are consistent with their existing obligations under national and international law, and with due regard to voluntary commitments under applicable regional and international instruments
|
Right to an adequate standard of living |
ESC
European Social Charter (revised) |
Part II, Article 30
With a view to ensuring the effective exercise of the right to protection against poverty and social exclusion, the Parties undertake:
a. to take measures within the framework of an overall and co-ordinated approach to promote the effective access of persons who live or risk living in a situation
of social exclusion or poverty, as well as their families, to, in particular, employment, housing, training, education, culture and social and medical assistance;
b. to review these measures with a view to their adaptation if necessary.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.6
States should develop and publicize policies covering the use and control of land, fisheries and forests that are retained by the public sector and should strive to develop policies that promote equitable distribution of benefits from State-owned land, fisheries and forests. Policies should
take into account the tenure rights of others and anyone who could be affected should be included in the consultation process consistent with the principles of consultation and participation of these Guidelines. The administration of, and transactions concerning, these resources should be undertaken in an effective, transparent and accountable manner in fulfilment of public policies.
|
Right to an adequate standard of living |
ESC
European Social Charter (revised) |
Part II, Article 30
With a view to ensuring the effective exercise of the right to protection against poverty and social exclusion, the Parties undertake:
a. to take measures within the framework of an overall and co-ordinated approach to promote the effective access of persons who live or risk living in a situation
of social exclusion or poverty, as well as their families, to, in particular, employment, housing, training, education, culture and social and medical assistance;
b. to review these measures with a view to their adaptation if necessary.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.7
States should develop and publicize policies covering the allocation of tenure rights to others and, where appropriate, the delegation of responsibilities for tenure governance. Policies for allocation of tenure rights should be consistent with broader social, economic and environmental objectives. Local communities that have traditionally used the land, fisheries and forests should receive due consideration in the reallocation of tenure rights. Policies should take into account the tenure rights of others and anyone who could be affected should be included in the consultation, participation and decision-making processes. Such policies should ensure that the allocation of tenure rights does not threaten the livelihoods of people by depriving them of their legitimate access to these resources.
|
Right to an adequate standard of living |
ESC
European Social Charter (revised) |
Part II, Article 30
With a view to ensuring the effective exercise of the right to protection against poverty and social exclusion, the Parties undertake:
a. to take measures within the framework of an overall and co-ordinated approach to promote the effective access of persons who live or risk living in a situation
of social exclusion or poverty, as well as their families, to, in particular, employment, housing, training, education, culture and social and medical assistance;
b. to review these measures with a view to their adaptation if necessary.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.11
States should monitor the outcome of allocation programmes, including the gender-differentiated impacts on food security and poverty eradication as well as their impacts on social, economic and environmental objectives, and introduce corrective measures as required.
|
Right to an adequate standard of living |
ADHR
ASEAN Declaration on Human Rights |
28
Every person has the right to an adequate standard of living for himself or herself and his or her family including:
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.1
Where States own or control land, fisheries and forests, they should determine the use and control of these resources in light of broader social, economic and environmental objectives. They should ensure that all
actions are consistent with their existing obligations under national and international law, and with due regard to voluntary commitments under applicable regional and international instruments
|
Right to an adequate standard of living |
ADHR
ASEAN Declaration on Human Rights |
28
Every person has the right to an adequate standard of living for himself or herself and his or her family including:
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.6
States should develop and publicize policies covering the use and control of land, fisheries and forests that are retained by the public sector and should strive to develop policies that promote equitable distribution of benefits from State-owned land, fisheries and forests. Policies should
take into account the tenure rights of others and anyone who could be affected should be included in the consultation process consistent with the principles of consultation and participation of these Guidelines. The administration of, and transactions concerning, these resources should be undertaken in an effective, transparent and accountable manner in fulfilment of public policies.
|
Right to an adequate standard of living |
ADHR
ASEAN Declaration on Human Rights |
28
Every person has the right to an adequate standard of living for himself or herself and his or her family including:
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.7
States should develop and publicize policies covering the allocation of tenure rights to others and, where appropriate, the delegation of responsibilities for tenure governance. Policies for allocation of tenure rights should be consistent with broader social, economic and environmental objectives. Local communities that have traditionally used the land, fisheries and forests should receive due consideration in the reallocation of tenure rights. Policies should take into account the tenure rights of others and anyone who could be affected should be included in the consultation, participation and decision-making processes. Such policies should ensure that the allocation of tenure rights does not threaten the livelihoods of people by depriving them of their legitimate access to these resources.
|
Right to an adequate standard of living |
ADHR
ASEAN Declaration on Human Rights |
28
Every person has the right to an adequate standard of living for himself or herself and his or her family including:
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.11
States should monitor the outcome of allocation programmes, including the gender-differentiated impacts on food security and poverty eradication as well as their impacts on social, economic and environmental objectives, and introduce corrective measures as required.
|
Right to development |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
3.2
Peasants and other people working in rural areas have the right to determine and develop priorities and strategies to exercise their right to development.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.1
Where States own or control land, fisheries and forests, they should determine the use and control of these resources in light of broader social, economic and environmental objectives. They should ensure that all
actions are consistent with their existing obligations under national and international law, and with due regard to voluntary commitments under applicable regional and international instruments
|
Right to development |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
3.2
Peasants and other people working in rural areas have the right to determine and develop priorities and strategies to exercise their right to development.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.5
States should determine which of the land, fisheries and forests they own or control will be retained and used by the public sector, and which of these will be allocated for use by others and under what conditions.
|
Right to development |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
3.2
Peasants and other people working in rural areas have the right to determine and develop priorities and strategies to exercise their right to development.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.6
States should develop and publicize policies covering the use and control of land, fisheries and forests that are retained by the public sector and should strive to develop policies that promote equitable distribution of benefits from State-owned land, fisheries and forests. Policies should
take into account the tenure rights of others and anyone who could be affected should be included in the consultation process consistent with the principles of consultation and participation of these Guidelines. The administration of, and transactions concerning, these resources should be undertaken in an effective, transparent and accountable manner in fulfilment of public policies.
|
Right to development |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
3.2
Peasants and other people working in rural areas have the right to determine and develop priorities and strategies to exercise their right to development.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.7
States should develop and publicize policies covering the allocation of tenure rights to others and, where appropriate, the delegation of responsibilities for tenure governance. Policies for allocation of tenure rights should be consistent with broader social, economic and environmental objectives. Local communities that have traditionally used the land, fisheries and forests should receive due consideration in the reallocation of tenure rights. Policies should take into account the tenure rights of others and anyone who could be affected should be included in the consultation, participation and decision-making processes. Such policies should ensure that the allocation of tenure rights does not threaten the livelihoods of people by depriving them of their legitimate access to these resources.
|
Right to development |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
3.2
Peasants and other people working in rural areas have the right to determine and develop priorities and strategies to exercise their right to development.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.11
States should monitor the outcome of allocation programmes, including the gender-differentiated impacts on food security and poverty eradication as well as their impacts on social, economic and environmental objectives, and introduce corrective measures as required.
|
Right to development |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
23
Indigenous peoples have the right to determine and develop priorities and strategies for exercising their right to development. In particular, indigenous peoples have the right to be actively involved in developing and determining health, housing and other economic and social programmes affecting them and, as far as possible, to administer such programmes through their own institutions.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.1
Where States own or control land, fisheries and forests, they should determine the use and control of these resources in light of broader social, economic and environmental objectives. They should ensure that all
actions are consistent with their existing obligations under national and international law, and with due regard to voluntary commitments under applicable regional and international instruments
|
Right to development |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
23
Indigenous peoples have the right to determine and develop priorities and strategies for exercising their right to development. In particular, indigenous peoples have the right to be actively involved in developing and determining health, housing and other economic and social programmes affecting them and, as far as possible, to administer such programmes through their own institutions.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.5
States should determine which of the land, fisheries and forests they own or control will be retained and used by the public sector, and which of these will be allocated for use by others and under what conditions.
|
Right to development |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
23
Indigenous peoples have the right to determine and develop priorities and strategies for exercising their right to development. In particular, indigenous peoples have the right to be actively involved in developing and determining health, housing and other economic and social programmes affecting them and, as far as possible, to administer such programmes through their own institutions.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.6
States should develop and publicize policies covering the use and control of land, fisheries and forests that are retained by the public sector and should strive to develop policies that promote equitable distribution of benefits from State-owned land, fisheries and forests. Policies should
take into account the tenure rights of others and anyone who could be affected should be included in the consultation process consistent with the principles of consultation and participation of these Guidelines. The administration of, and transactions concerning, these resources should be undertaken in an effective, transparent and accountable manner in fulfilment of public policies.
|
Right to development |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
23
Indigenous peoples have the right to determine and develop priorities and strategies for exercising their right to development. In particular, indigenous peoples have the right to be actively involved in developing and determining health, housing and other economic and social programmes affecting them and, as far as possible, to administer such programmes through their own institutions.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.7
States should develop and publicize policies covering the allocation of tenure rights to others and, where appropriate, the delegation of responsibilities for tenure governance. Policies for allocation of tenure rights should be consistent with broader social, economic and environmental objectives. Local communities that have traditionally used the land, fisheries and forests should receive due consideration in the reallocation of tenure rights. Policies should take into account the tenure rights of others and anyone who could be affected should be included in the consultation, participation and decision-making processes. Such policies should ensure that the allocation of tenure rights does not threaten the livelihoods of people by depriving them of their legitimate access to these resources.
|
Right to development |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
23
Indigenous peoples have the right to determine and develop priorities and strategies for exercising their right to development. In particular, indigenous peoples have the right to be actively involved in developing and determining health, housing and other economic and social programmes affecting them and, as far as possible, to administer such programmes through their own institutions.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.11
States should monitor the outcome of allocation programmes, including the gender-differentiated impacts on food security and poverty eradication as well as their impacts on social, economic and environmental objectives, and introduce corrective measures as required.
|
Right to development |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
32
1. Indigenous peoples have the right to determine and develop priorities and strategies for the development or use of their lands or territories and other resources. 2. States shall consult and cooperate in good faith with the indigenous peoples concerned through their own representative institutions in order to obtain their free and informed consent prior to the approval of any project affecting their lands or territories and other resources, particularly in connection with the development, utilization or exploitation of mineral, water or other resources. 3. States shall provide effective mechanisms for just and fair redress for any such activities, and appropriate measures shall be taken to mitigate adverse environmental, economic, social, cultural or spiritual impact.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.1
Where States own or control land, fisheries and forests, they should determine the use and control of these resources in light of broader social, economic and environmental objectives. They should ensure that all
actions are consistent with their existing obligations under national and international law, and with due regard to voluntary commitments under applicable regional and international instruments
|
Right to development |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
32
1. Indigenous peoples have the right to determine and develop priorities and strategies for the development or use of their lands or territories and other resources. 2. States shall consult and cooperate in good faith with the indigenous peoples concerned through their own representative institutions in order to obtain their free and informed consent prior to the approval of any project affecting their lands or territories and other resources, particularly in connection with the development, utilization or exploitation of mineral, water or other resources. 3. States shall provide effective mechanisms for just and fair redress for any such activities, and appropriate measures shall be taken to mitigate adverse environmental, economic, social, cultural or spiritual impact.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.5
States should determine which of the land, fisheries and forests they own or control will be retained and used by the public sector, and which of these will be allocated for use by others and under what conditions.
|
Right to development |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
32
1. Indigenous peoples have the right to determine and develop priorities and strategies for the development or use of their lands or territories and other resources. 2. States shall consult and cooperate in good faith with the indigenous peoples concerned through their own representative institutions in order to obtain their free and informed consent prior to the approval of any project affecting their lands or territories and other resources, particularly in connection with the development, utilization or exploitation of mineral, water or other resources. 3. States shall provide effective mechanisms for just and fair redress for any such activities, and appropriate measures shall be taken to mitigate adverse environmental, economic, social, cultural or spiritual impact.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.6
States should develop and publicize policies covering the use and control of land, fisheries and forests that are retained by the public sector and should strive to develop policies that promote equitable distribution of benefits from State-owned land, fisheries and forests. Policies should
take into account the tenure rights of others and anyone who could be affected should be included in the consultation process consistent with the principles of consultation and participation of these Guidelines. The administration of, and transactions concerning, these resources should be undertaken in an effective, transparent and accountable manner in fulfilment of public policies.
|
Right to development |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
32
1. Indigenous peoples have the right to determine and develop priorities and strategies for the development or use of their lands or territories and other resources. 2. States shall consult and cooperate in good faith with the indigenous peoples concerned through their own representative institutions in order to obtain their free and informed consent prior to the approval of any project affecting their lands or territories and other resources, particularly in connection with the development, utilization or exploitation of mineral, water or other resources. 3. States shall provide effective mechanisms for just and fair redress for any such activities, and appropriate measures shall be taken to mitigate adverse environmental, economic, social, cultural or spiritual impact.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.7
States should develop and publicize policies covering the allocation of tenure rights to others and, where appropriate, the delegation of responsibilities for tenure governance. Policies for allocation of tenure rights should be consistent with broader social, economic and environmental objectives. Local communities that have traditionally used the land, fisheries and forests should receive due consideration in the reallocation of tenure rights. Policies should take into account the tenure rights of others and anyone who could be affected should be included in the consultation, participation and decision-making processes. Such policies should ensure that the allocation of tenure rights does not threaten the livelihoods of people by depriving them of their legitimate access to these resources.
|
Right to development |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
32
1. Indigenous peoples have the right to determine and develop priorities and strategies for the development or use of their lands or territories and other resources. 2. States shall consult and cooperate in good faith with the indigenous peoples concerned through their own representative institutions in order to obtain their free and informed consent prior to the approval of any project affecting their lands or territories and other resources, particularly in connection with the development, utilization or exploitation of mineral, water or other resources. 3. States shall provide effective mechanisms for just and fair redress for any such activities, and appropriate measures shall be taken to mitigate adverse environmental, economic, social, cultural or spiritual impact.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.11
States should monitor the outcome of allocation programmes, including the gender-differentiated impacts on food security and poverty eradication as well as their impacts on social, economic and environmental objectives, and introduce corrective measures as required.
|
Right to development |
ILO C169
Indigenous and Tribal Peoples Convention, 1989 (no.169) – ILO 169 |
7.1
The peoples concerned shall have the right to decide their own priorities for the process of development as it affects their lives, beliefs, institutions and spiritual well-being and the lands they occupy or otherwise use, and to exercise control, to the extent possible, over their own economic, social and cultural development. In addition, they shall participate in the formulation, implementation and evaluation of plans and programmes for national and regional development which may affect them directly.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.1
Where States own or control land, fisheries and forests, they should determine the use and control of these resources in light of broader social, economic and environmental objectives. They should ensure that all
actions are consistent with their existing obligations under national and international law, and with due regard to voluntary commitments under applicable regional and international instruments
|
Right to development |
ILO C169
Indigenous and Tribal Peoples Convention, 1989 (no.169) – ILO 169 |
7.1
The peoples concerned shall have the right to decide their own priorities for the process of development as it affects their lives, beliefs, institutions and spiritual well-being and the lands they occupy or otherwise use, and to exercise control, to the extent possible, over their own economic, social and cultural development. In addition, they shall participate in the formulation, implementation and evaluation of plans and programmes for national and regional development which may affect them directly.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.5
States should determine which of the land, fisheries and forests they own or control will be retained and used by the public sector, and which of these will be allocated for use by others and under what conditions.
|
Right to development |
ILO C169
Indigenous and Tribal Peoples Convention, 1989 (no.169) – ILO 169 |
7.1
The peoples concerned shall have the right to decide their own priorities for the process of development as it affects their lives, beliefs, institutions and spiritual well-being and the lands they occupy or otherwise use, and to exercise control, to the extent possible, over their own economic, social and cultural development. In addition, they shall participate in the formulation, implementation and evaluation of plans and programmes for national and regional development which may affect them directly.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.6
States should develop and publicize policies covering the use and control of land, fisheries and forests that are retained by the public sector and should strive to develop policies that promote equitable distribution of benefits from State-owned land, fisheries and forests. Policies should
take into account the tenure rights of others and anyone who could be affected should be included in the consultation process consistent with the principles of consultation and participation of these Guidelines. The administration of, and transactions concerning, these resources should be undertaken in an effective, transparent and accountable manner in fulfilment of public policies.
|
Right to development |
ILO C169
Indigenous and Tribal Peoples Convention, 1989 (no.169) – ILO 169 |
7.1
The peoples concerned shall have the right to decide their own priorities for the process of development as it affects their lives, beliefs, institutions and spiritual well-being and the lands they occupy or otherwise use, and to exercise control, to the extent possible, over their own economic, social and cultural development. In addition, they shall participate in the formulation, implementation and evaluation of plans and programmes for national and regional development which may affect them directly.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.7
States should develop and publicize policies covering the allocation of tenure rights to others and, where appropriate, the delegation of responsibilities for tenure governance. Policies for allocation of tenure rights should be consistent with broader social, economic and environmental objectives. Local communities that have traditionally used the land, fisheries and forests should receive due consideration in the reallocation of tenure rights. Policies should take into account the tenure rights of others and anyone who could be affected should be included in the consultation, participation and decision-making processes. Such policies should ensure that the allocation of tenure rights does not threaten the livelihoods of people by depriving them of their legitimate access to these resources.
|
Right to development |
ILO C169
Indigenous and Tribal Peoples Convention, 1989 (no.169) – ILO 169 |
7.1
The peoples concerned shall have the right to decide their own priorities for the process of development as it affects their lives, beliefs, institutions and spiritual well-being and the lands they occupy or otherwise use, and to exercise control, to the extent possible, over their own economic, social and cultural development. In addition, they shall participate in the formulation, implementation and evaluation of plans and programmes for national and regional development which may affect them directly.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.11
States should monitor the outcome of allocation programmes, including the gender-differentiated impacts on food security and poverty eradication as well as their impacts on social, economic and environmental objectives, and introduce corrective measures as required.
|
Right to development |
Escazu Agreement
Regional Agreement on Access to Information, Public Participation and Justice in Environmental Matters in Latin America and the Caribbean |
1
The objective of the present Agreement is to guarantee the full and effective implementation in Latin America and the Caribbean of the rights of access to environmental information, public participation in the environmental decision-making process and access to justice in environmental matters, and the creation and strengthening of capacities and cooperation, contributing to the protection of the right of every person of present and future generations to live in a healthy environment and to sustainable development.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.1
Where States own or control land, fisheries and forests, they should determine the use and control of these resources in light of broader social, economic and environmental objectives. They should ensure that all
actions are consistent with their existing obligations under national and international law, and with due regard to voluntary commitments under applicable regional and international instruments
|
Right to development |
Escazu Agreement
Regional Agreement on Access to Information, Public Participation and Justice in Environmental Matters in Latin America and the Caribbean |
1
The objective of the present Agreement is to guarantee the full and effective implementation in Latin America and the Caribbean of the rights of access to environmental information, public participation in the environmental decision-making process and access to justice in environmental matters, and the creation and strengthening of capacities and cooperation, contributing to the protection of the right of every person of present and future generations to live in a healthy environment and to sustainable development.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.5
States should determine which of the land, fisheries and forests they own or control will be retained and used by the public sector, and which of these will be allocated for use by others and under what conditions.
|
Right to development |
Escazu Agreement
Regional Agreement on Access to Information, Public Participation and Justice in Environmental Matters in Latin America and the Caribbean |
1
The objective of the present Agreement is to guarantee the full and effective implementation in Latin America and the Caribbean of the rights of access to environmental information, public participation in the environmental decision-making process and access to justice in environmental matters, and the creation and strengthening of capacities and cooperation, contributing to the protection of the right of every person of present and future generations to live in a healthy environment and to sustainable development.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.6
States should develop and publicize policies covering the use and control of land, fisheries and forests that are retained by the public sector and should strive to develop policies that promote equitable distribution of benefits from State-owned land, fisheries and forests. Policies should
take into account the tenure rights of others and anyone who could be affected should be included in the consultation process consistent with the principles of consultation and participation of these Guidelines. The administration of, and transactions concerning, these resources should be undertaken in an effective, transparent and accountable manner in fulfilment of public policies.
|
Right to development |
Escazu Agreement
Regional Agreement on Access to Information, Public Participation and Justice in Environmental Matters in Latin America and the Caribbean |
1
The objective of the present Agreement is to guarantee the full and effective implementation in Latin America and the Caribbean of the rights of access to environmental information, public participation in the environmental decision-making process and access to justice in environmental matters, and the creation and strengthening of capacities and cooperation, contributing to the protection of the right of every person of present and future generations to live in a healthy environment and to sustainable development.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.7
States should develop and publicize policies covering the allocation of tenure rights to others and, where appropriate, the delegation of responsibilities for tenure governance. Policies for allocation of tenure rights should be consistent with broader social, economic and environmental objectives. Local communities that have traditionally used the land, fisheries and forests should receive due consideration in the reallocation of tenure rights. Policies should take into account the tenure rights of others and anyone who could be affected should be included in the consultation, participation and decision-making processes. Such policies should ensure that the allocation of tenure rights does not threaten the livelihoods of people by depriving them of their legitimate access to these resources.
|
Right to development |
Escazu Agreement
Regional Agreement on Access to Information, Public Participation and Justice in Environmental Matters in Latin America and the Caribbean |
1
The objective of the present Agreement is to guarantee the full and effective implementation in Latin America and the Caribbean of the rights of access to environmental information, public participation in the environmental decision-making process and access to justice in environmental matters, and the creation and strengthening of capacities and cooperation, contributing to the protection of the right of every person of present and future generations to live in a healthy environment and to sustainable development.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.11
States should monitor the outcome of allocation programmes, including the gender-differentiated impacts on food security and poverty eradication as well as their impacts on social, economic and environmental objectives, and introduce corrective measures as required.
|
Right to development |
ACHPR
African Charter on Human and Peoples' Rights |
22
All peoples shall have the right to their economic, social and cultural development with due regard to their freedom and identity and in the equal enjoyment of the common heritage of mankind.
States shall have the duty, individually or collectively, to ensure the exercise of the right to development.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.1
Where States own or control land, fisheries and forests, they should determine the use and control of these resources in light of broader social, economic and environmental objectives. They should ensure that all
actions are consistent with their existing obligations under national and international law, and with due regard to voluntary commitments under applicable regional and international instruments
|
Right to development |
ACHPR
African Charter on Human and Peoples' Rights |
22
All peoples shall have the right to their economic, social and cultural development with due regard to their freedom and identity and in the equal enjoyment of the common heritage of mankind.
States shall have the duty, individually or collectively, to ensure the exercise of the right to development.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.5
States should determine which of the land, fisheries and forests they own or control will be retained and used by the public sector, and which of these will be allocated for use by others and under what conditions.
|
Right to development |
ACHPR
African Charter on Human and Peoples' Rights |
22
All peoples shall have the right to their economic, social and cultural development with due regard to their freedom and identity and in the equal enjoyment of the common heritage of mankind.
States shall have the duty, individually or collectively, to ensure the exercise of the right to development.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.6
States should develop and publicize policies covering the use and control of land, fisheries and forests that are retained by the public sector and should strive to develop policies that promote equitable distribution of benefits from State-owned land, fisheries and forests. Policies should
take into account the tenure rights of others and anyone who could be affected should be included in the consultation process consistent with the principles of consultation and participation of these Guidelines. The administration of, and transactions concerning, these resources should be undertaken in an effective, transparent and accountable manner in fulfilment of public policies.
|
Right to development |
ACHPR
African Charter on Human and Peoples' Rights |
22
All peoples shall have the right to their economic, social and cultural development with due regard to their freedom and identity and in the equal enjoyment of the common heritage of mankind.
States shall have the duty, individually or collectively, to ensure the exercise of the right to development.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.7
States should develop and publicize policies covering the allocation of tenure rights to others and, where appropriate, the delegation of responsibilities for tenure governance. Policies for allocation of tenure rights should be consistent with broader social, economic and environmental objectives. Local communities that have traditionally used the land, fisheries and forests should receive due consideration in the reallocation of tenure rights. Policies should take into account the tenure rights of others and anyone who could be affected should be included in the consultation, participation and decision-making processes. Such policies should ensure that the allocation of tenure rights does not threaten the livelihoods of people by depriving them of their legitimate access to these resources.
|
Right to development |
ACHPR
African Charter on Human and Peoples' Rights |
22
All peoples shall have the right to their economic, social and cultural development with due regard to their freedom and identity and in the equal enjoyment of the common heritage of mankind.
States shall have the duty, individually or collectively, to ensure the exercise of the right to development.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.11
States should monitor the outcome of allocation programmes, including the gender-differentiated impacts on food security and poverty eradication as well as their impacts on social, economic and environmental objectives, and introduce corrective measures as required.
|
Right to development |
ACHPR
African Charter on Human and Peoples' Rights |
24
All peoples shall have the right to a general satisfactory environment favourable to their development.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.1
Where States own or control land, fisheries and forests, they should determine the use and control of these resources in light of broader social, economic and environmental objectives. They should ensure that all
actions are consistent with their existing obligations under national and international law, and with due regard to voluntary commitments under applicable regional and international instruments
|
Right to development |
ACHPR
African Charter on Human and Peoples' Rights |
24
All peoples shall have the right to a general satisfactory environment favourable to their development.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.5
States should determine which of the land, fisheries and forests they own or control will be retained and used by the public sector, and which of these will be allocated for use by others and under what conditions.
|
Right to development |
ACHPR
African Charter on Human and Peoples' Rights |
24
All peoples shall have the right to a general satisfactory environment favourable to their development.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.6
States should develop and publicize policies covering the use and control of land, fisheries and forests that are retained by the public sector and should strive to develop policies that promote equitable distribution of benefits from State-owned land, fisheries and forests. Policies should
take into account the tenure rights of others and anyone who could be affected should be included in the consultation process consistent with the principles of consultation and participation of these Guidelines. The administration of, and transactions concerning, these resources should be undertaken in an effective, transparent and accountable manner in fulfilment of public policies.
|
Right to development |
ACHPR
African Charter on Human and Peoples' Rights |
24
All peoples shall have the right to a general satisfactory environment favourable to their development.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.7
States should develop and publicize policies covering the allocation of tenure rights to others and, where appropriate, the delegation of responsibilities for tenure governance. Policies for allocation of tenure rights should be consistent with broader social, economic and environmental objectives. Local communities that have traditionally used the land, fisheries and forests should receive due consideration in the reallocation of tenure rights. Policies should take into account the tenure rights of others and anyone who could be affected should be included in the consultation, participation and decision-making processes. Such policies should ensure that the allocation of tenure rights does not threaten the livelihoods of people by depriving them of their legitimate access to these resources.
|
Right to development |
ACHPR
African Charter on Human and Peoples' Rights |
24
All peoples shall have the right to a general satisfactory environment favourable to their development.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.11
States should monitor the outcome of allocation programmes, including the gender-differentiated impacts on food security and poverty eradication as well as their impacts on social, economic and environmental objectives, and introduce corrective measures as required.
|
Right to development |
Maputo Protocol
Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa |
XIX
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:
a) Introduce the gender perspective in the national development planning procedures;
b) Ensure participation of women at all levels in the conceptualisation, decision-making, implementation and evaluation of development policies and programmes;
c) Promote women’s access to and control over productive resources such as land and guarantee their right to property;
d) Promote women’s access to credit, training, skills development and extension services at rural and urban levels in order to provide women with a higher quality of life and reduce the level of poverty among women;
e) Take into account indicators of human development specifically relating to women in the elaboration of development policies and programmes; and
f) Ensure that the negative effects of globalisation and any adverse effects of the implementation of trade and economic policies and programmes are reduced to the minimum for women.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.1
Where States own or control land, fisheries and forests, they should determine the use and control of these resources in light of broader social, economic and environmental objectives. They should ensure that all
actions are consistent with their existing obligations under national and international law, and with due regard to voluntary commitments under applicable regional and international instruments
|
Right to development |
Maputo Protocol
Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa |
XIX
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:
a) Introduce the gender perspective in the national development planning procedures;
b) Ensure participation of women at all levels in the conceptualisation, decision-making, implementation and evaluation of development policies and programmes;
c) Promote women’s access to and control over productive resources such as land and guarantee their right to property;
d) Promote women’s access to credit, training, skills development and extension services at rural and urban levels in order to provide women with a higher quality of life and reduce the level of poverty among women;
e) Take into account indicators of human development specifically relating to women in the elaboration of development policies and programmes; and
f) Ensure that the negative effects of globalisation and any adverse effects of the implementation of trade and economic policies and programmes are reduced to the minimum for women.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.5
States should determine which of the land, fisheries and forests they own or control will be retained and used by the public sector, and which of these will be allocated for use by others and under what conditions.
|
Right to development |
Maputo Protocol
Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa |
XIX
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:
a) Introduce the gender perspective in the national development planning procedures;
b) Ensure participation of women at all levels in the conceptualisation, decision-making, implementation and evaluation of development policies and programmes;
c) Promote women’s access to and control over productive resources such as land and guarantee their right to property;
d) Promote women’s access to credit, training, skills development and extension services at rural and urban levels in order to provide women with a higher quality of life and reduce the level of poverty among women;
e) Take into account indicators of human development specifically relating to women in the elaboration of development policies and programmes; and
f) Ensure that the negative effects of globalisation and any adverse effects of the implementation of trade and economic policies and programmes are reduced to the minimum for women.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.6
States should develop and publicize policies covering the use and control of land, fisheries and forests that are retained by the public sector and should strive to develop policies that promote equitable distribution of benefits from State-owned land, fisheries and forests. Policies should
take into account the tenure rights of others and anyone who could be affected should be included in the consultation process consistent with the principles of consultation and participation of these Guidelines. The administration of, and transactions concerning, these resources should be undertaken in an effective, transparent and accountable manner in fulfilment of public policies.
|
Right to development |
Maputo Protocol
Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa |
XIX
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:
a) Introduce the gender perspective in the national development planning procedures;
b) Ensure participation of women at all levels in the conceptualisation, decision-making, implementation and evaluation of development policies and programmes;
c) Promote women’s access to and control over productive resources such as land and guarantee their right to property;
d) Promote women’s access to credit, training, skills development and extension services at rural and urban levels in order to provide women with a higher quality of life and reduce the level of poverty among women;
e) Take into account indicators of human development specifically relating to women in the elaboration of development policies and programmes; and
f) Ensure that the negative effects of globalisation and any adverse effects of the implementation of trade and economic policies and programmes are reduced to the minimum for women.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.7
States should develop and publicize policies covering the allocation of tenure rights to others and, where appropriate, the delegation of responsibilities for tenure governance. Policies for allocation of tenure rights should be consistent with broader social, economic and environmental objectives. Local communities that have traditionally used the land, fisheries and forests should receive due consideration in the reallocation of tenure rights. Policies should take into account the tenure rights of others and anyone who could be affected should be included in the consultation, participation and decision-making processes. Such policies should ensure that the allocation of tenure rights does not threaten the livelihoods of people by depriving them of their legitimate access to these resources.
|
Right to development |
Maputo Protocol
Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa |
XIX
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:
a) Introduce the gender perspective in the national development planning procedures;
b) Ensure participation of women at all levels in the conceptualisation, decision-making, implementation and evaluation of development policies and programmes;
c) Promote women’s access to and control over productive resources such as land and guarantee their right to property;
d) Promote women’s access to credit, training, skills development and extension services at rural and urban levels in order to provide women with a higher quality of life and reduce the level of poverty among women;
e) Take into account indicators of human development specifically relating to women in the elaboration of development policies and programmes; and
f) Ensure that the negative effects of globalisation and any adverse effects of the implementation of trade and economic policies and programmes are reduced to the minimum for women.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.11
States should monitor the outcome of allocation programmes, including the gender-differentiated impacts on food security and poverty eradication as well as their impacts on social, economic and environmental objectives, and introduce corrective measures as required.
|
Right to development |
ADHR
ASEAN Declaration on Human Rights |
35
The right to development is an inalienable human right by virtue of which every human person and the peoples of ASEAN are entitled to participate in, contribute to, enjoy and benefit equitably and sustainably from economic, social, cultural and political development. The right to development should be fulfilled so as to meet equitably the developmental and environmental needs of present and future generations. While development facilitates and is necessary for the enjoyment of all human rights, the lack of development may not be invoked to justify the violations of internationally recognised human rights.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.1
Where States own or control land, fisheries and forests, they should determine the use and control of these resources in light of broader social, economic and environmental objectives. They should ensure that all
actions are consistent with their existing obligations under national and international law, and with due regard to voluntary commitments under applicable regional and international instruments
|
Right to development |
ADHR
ASEAN Declaration on Human Rights |
35
The right to development is an inalienable human right by virtue of which every human person and the peoples of ASEAN are entitled to participate in, contribute to, enjoy and benefit equitably and sustainably from economic, social, cultural and political development. The right to development should be fulfilled so as to meet equitably the developmental and environmental needs of present and future generations. While development facilitates and is necessary for the enjoyment of all human rights, the lack of development may not be invoked to justify the violations of internationally recognised human rights.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.5
States should determine which of the land, fisheries and forests they own or control will be retained and used by the public sector, and which of these will be allocated for use by others and under what conditions.
|
Right to development |
ADHR
ASEAN Declaration on Human Rights |
35
The right to development is an inalienable human right by virtue of which every human person and the peoples of ASEAN are entitled to participate in, contribute to, enjoy and benefit equitably and sustainably from economic, social, cultural and political development. The right to development should be fulfilled so as to meet equitably the developmental and environmental needs of present and future generations. While development facilitates and is necessary for the enjoyment of all human rights, the lack of development may not be invoked to justify the violations of internationally recognised human rights.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.6
States should develop and publicize policies covering the use and control of land, fisheries and forests that are retained by the public sector and should strive to develop policies that promote equitable distribution of benefits from State-owned land, fisheries and forests. Policies should
take into account the tenure rights of others and anyone who could be affected should be included in the consultation process consistent with the principles of consultation and participation of these Guidelines. The administration of, and transactions concerning, these resources should be undertaken in an effective, transparent and accountable manner in fulfilment of public policies.
|
Right to development |
ADHR
ASEAN Declaration on Human Rights |
35
The right to development is an inalienable human right by virtue of which every human person and the peoples of ASEAN are entitled to participate in, contribute to, enjoy and benefit equitably and sustainably from economic, social, cultural and political development. The right to development should be fulfilled so as to meet equitably the developmental and environmental needs of present and future generations. While development facilitates and is necessary for the enjoyment of all human rights, the lack of development may not be invoked to justify the violations of internationally recognised human rights.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.7
States should develop and publicize policies covering the allocation of tenure rights to others and, where appropriate, the delegation of responsibilities for tenure governance. Policies for allocation of tenure rights should be consistent with broader social, economic and environmental objectives. Local communities that have traditionally used the land, fisheries and forests should receive due consideration in the reallocation of tenure rights. Policies should take into account the tenure rights of others and anyone who could be affected should be included in the consultation, participation and decision-making processes. Such policies should ensure that the allocation of tenure rights does not threaten the livelihoods of people by depriving them of their legitimate access to these resources.
|
Right to development |
ADHR
ASEAN Declaration on Human Rights |
35
The right to development is an inalienable human right by virtue of which every human person and the peoples of ASEAN are entitled to participate in, contribute to, enjoy and benefit equitably and sustainably from economic, social, cultural and political development. The right to development should be fulfilled so as to meet equitably the developmental and environmental needs of present and future generations. While development facilitates and is necessary for the enjoyment of all human rights, the lack of development may not be invoked to justify the violations of internationally recognised human rights.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.11
States should monitor the outcome of allocation programmes, including the gender-differentiated impacts on food security and poverty eradication as well as their impacts on social, economic and environmental objectives, and introduce corrective measures as required.
|
Right to equality and non-discrimination |
UDHR
Universal Declaration of human rights |
1
All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience
and should act towards one another in a spirit of brotherhood.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.11
States should monitor the outcome of allocation programmes, including the gender-differentiated impacts on food security and poverty eradication as well as their impacts on social, economic and environmental objectives, and introduce corrective measures as required.
|
Right to equality and non-discrimination |
UDHR
Universal Declaration of human rights |
2
Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as
race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.
Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.11
States should monitor the outcome of allocation programmes, including the gender-differentiated impacts on food security and poverty eradication as well as their impacts on social, economic and environmental objectives, and introduce corrective measures as required.
|
Right to equality and non-discrimination |
ICCPR
International Covenant on Civil and Political Rights |
2.1
Each State Party to the present Covenant undertakes to respect and to ensure to all individuals within its territory and subject to its jurisdiction the rights recognized in the present Covenant, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. To be read in conjunction with the rights mentioned above
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.11
States should monitor the outcome of allocation programmes, including the gender-differentiated impacts on food security and poverty eradication as well as their impacts on social, economic and environmental objectives, and introduce corrective measures as required.
|
Right to equality and non-discrimination |
ICCPR
International Covenant on Civil and Political Rights |
3
The States Parties to the present Covenant undertake to ensure the equal right of men and women to the enjoyment of all civil and political rights set forth in the present Covenant. To be read in conjunction with the rights mentioned above
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.11
States should monitor the outcome of allocation programmes, including the gender-differentiated impacts on food security and poverty eradication as well as their impacts on social, economic and environmental objectives, and introduce corrective measures as required.
|
Right to equality and non-discrimination |
ICESCR
International Covenant of Economic Social and Cultural rights |
2.2
The States Parties to the present Covenant undertake to guarantee that the rights enunciated in the present Covenant will be exercised without discrimination of any kind as to race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. To be read in conjunction with the rights mentioned above
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.11
States should monitor the outcome of allocation programmes, including the gender-differentiated impacts on food security and poverty eradication as well as their impacts on social, economic and environmental objectives, and introduce corrective measures as required.
|
Right to equality and non-discrimination |
ICESCR
International Covenant of Economic Social and Cultural rights |
3
The States Parties to the present Covenant undertake to ensure the equal right of men and women to the enjoyment of all economic, social and cultural rights set forth in the present Covenant. To be read in conjunction with the rights mentioned above
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.11
States should monitor the outcome of allocation programmes, including the gender-differentiated impacts on food security and poverty eradication as well as their impacts on social, economic and environmental objectives, and introduce corrective measures as required.
|
Right to equality and non-discrimination |
ICERD
International Convention on the Elimination of All Forms of Racial Discrimination |
2.2
States Parties shall, when the circumstances so warrant, take, in the social, economic, cultural and other fields, special and concrete measures to ensure the adequate development and protection of certain racial groups or individuals belonging to them, for the purpose of guaranteeing them the full and equal enjoyment of human rights and fundamental freedoms. These measures shall in no case entail as a consequence the maintenance of unequal or separate rights for different racial groups after the objectives for which they were taken have been achieved.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.11
States should monitor the outcome of allocation programmes, including the gender-differentiated impacts on food security and poverty eradication as well as their impacts on social, economic and environmental objectives, and introduce corrective measures as required.
|
Right to equality and non-discrimination |
ICERD
International Convention on the Elimination of All Forms of Racial Discrimination |
5
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 [..] to be read in conjunction with the rights mentioned above
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.11
States should monitor the outcome of allocation programmes, including the gender-differentiated impacts on food security and poverty eradication as well as their impacts on social, economic and environmental objectives, and introduce corrective measures as required.
|
Right to equality and non-discrimination |
ICEDAW
International Convention on the Elimination of All Forms of Discrimination Against Women |
14.2.g
States Parties shall take all appropriate measures to eliminate discrimination against women in rural areas in order to ensure, on a basis of equality of men and women, that they participate in and benefit from rural development and, in particular, shall ensure to such women the right: [..] (g) To have access to agricultural credit and loans, marketing facilities, appropriate technology and equal treatment in land and agrarian reform as well as in land resettlement schemes.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.11
States should monitor the outcome of allocation programmes, including the gender-differentiated impacts on food security and poverty eradication as well as their impacts on social, economic and environmental objectives, and introduce corrective measures as required.
|
Right to equality and non-discrimination |
ICEDAW
International Convention on the Elimination of All Forms of Discrimination Against Women |
2
States Parties condemn discrimination against women in all its forms, agree to pursue by all appropriate means and without delay a policy of eliminating discrimination against women and, to this end, undertake: [..] see also the rest of ICEDAW
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.11
States should monitor the outcome of allocation programmes, including the gender-differentiated impacts on food security and poverty eradication as well as their impacts on social, economic and environmental objectives, and introduce corrective measures as required.
|
Right to equality and non-discrimination |
ICEDAW
International Convention on the Elimination of All Forms of Discrimination Against Women |
4
1. Adoption by States Parties of temporary special measures aimed at accelerating de facto equality between men and women shall not be considered discrimination as defined in the present Convention, but shall in no way entail as a consequence the maintenance of unequal or separate standards; these measures shall be discontinued when the objectives of equality of opportunity and treatment have been achieved.
2. Adoption by States Parties of special measures, including those measures contained in the present Convention, aimed at protecting maternity shall not be considered discriminatory.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.11
States should monitor the outcome of allocation programmes, including the gender-differentiated impacts on food security and poverty eradication as well as their impacts on social, economic and environmental objectives, and introduce corrective measures as required.
|
Right to equality and non-discrimination |
CRC
International Convention on the Rights of the Child |
2.1
States Parties shall respect and ensure the rights set forth in the present Convention to each child within their jurisdiction without discrimination of any kind, irrespective of the child's or his or her parent's or legal guardian's race, colour, sex, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.11
States should monitor the outcome of allocation programmes, including the gender-differentiated impacts on food security and poverty eradication as well as their impacts on social, economic and environmental objectives, and introduce corrective measures as required.
|
Right to equality and non-discrimination |
ICRPD
International Convention on the Rights of Persons with Disabilities |
4
States Parties undertake to ensure and promote the full realization of all human rights and fundamental freedoms for all persons with disabilities without discrimination of any kind on the basis of disability. [..] to be read in conjunction with the rights mentioned above
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.11
States should monitor the outcome of allocation programmes, including the gender-differentiated impacts on food security and poverty eradication as well as their impacts on social, economic and environmental objectives, and introduce corrective measures as required.
|
Right to equality and non-discrimination |
ICRMW
International Convention on the Protection of The Rights of All Migrant Workers and Members of Their Families |
7
States Parties undertake, in accordance with the international instruments concerning human rights, to respect and to ensure to all migrant workers and members of their families within their territory or subject to their jurisdiction the rights provided for in the present Convention without distinction of any kind such as to sex, race, colour, language, religion or conviction, political or other opinion, national, ethnic or social origin, nationality, age, economic position, property, marital status, birth or other status.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.11
States should monitor the outcome of allocation programmes, including the gender-differentiated impacts on food security and poverty eradication as well as their impacts on social, economic and environmental objectives, and introduce corrective measures as required.
|
Right to equality and non-discrimination |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
2.2
Particular attention shall be paid in the implementation of the present Declaration to the rights and special needs of peasants and other people working in rural areas, including older persons, women, youth, children and persons with disabilities, taking into account the need to address multiple forms of discrimination.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.11
States should monitor the outcome of allocation programmes, including the gender-differentiated impacts on food security and poverty eradication as well as their impacts on social, economic and environmental objectives, and introduce corrective measures as required.
|
Right to equality and non-discrimination |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
3
Peasants and other people working in rural areas have the right to the full enjoyment of all human rights and fundamental freedoms recognized in the Charter of the United Nations, the Universal Declaration of Human Rights and all other international human rights instruments, free from any kind of discrimination in the exercise of their rights based on any grounds such as origin, nationality, race, colour, descent, sex, language, culture, marital status, property, disability, age, political or other opinion, religion, birth or economic, social or other status.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.11
States should monitor the outcome of allocation programmes, including the gender-differentiated impacts on food security and poverty eradication as well as their impacts on social, economic and environmental objectives, and introduce corrective measures as required.
|
Right to equality and non-discrimination |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
4.1 &4.2.h
1. States shall take all appropriate measures to eliminate all forms of discrimination against peasant women and other women working in rural areas and to promote their empowerment in order to ensure, on the basis of equality between men and women, that they fully and equally enjoy all human rights and fundamental freedoms and that they are able to freely pursue, participate in and benefit from rural economic, social, political and cultural development.
2. States shall ensure that peasant women and other women working in rural areas enjoy without discrimination all the human rights and fundamental freedoms set out in the present Declaration and in other international human rights instruments, including the rights: [..] h. To equal access to, use of and management of land and natural resources, and to equal or priority treatment in land and agrarian reform and in land resettlement schemes
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.11
States should monitor the outcome of allocation programmes, including the gender-differentiated impacts on food security and poverty eradication as well as their impacts on social, economic and environmental objectives, and introduce corrective measures as required.
|
Right to equality and non-discrimination |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
21.2
States shall take effective measures and, where appropriate, special measures to ensure continuing improvement of their economic and social conditions. Particular attention shall be paid to the rights and special needs of indigenous elders, women, youth, children and persons with disabilities.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.11
States should monitor the outcome of allocation programmes, including the gender-differentiated impacts on food security and poverty eradication as well as their impacts on social, economic and environmental objectives, and introduce corrective measures as required.
|
Right to equality and non-discrimination |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
22
1. Particular attention shall be paid to the rights and special needs of indigenous elders, women, youth, children and persons with disabilities in the implementation of this Declaration. 2. States shall take measures, in conjunction with indigenous peoples, to ensure that indigenous women and children enjoy the full protection and guarantees against all forms of violence and discrimination To be read also in conjunction with the provisions reported above under "right to land".
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.11
States should monitor the outcome of allocation programmes, including the gender-differentiated impacts on food security and poverty eradication as well as their impacts on social, economic and environmental objectives, and introduce corrective measures as required.
|
Right to equality and non-discrimination |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
2
Indigenous peoples and individuals are free and equal to all other peoples and individuals and have the right to be free from any kind of discrimination, in the exercise of their rights, in particular that based on their indigenous origin or
identity.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.11
States should monitor the outcome of allocation programmes, including the gender-differentiated impacts on food security and poverty eradication as well as their impacts on social, economic and environmental objectives, and introduce corrective measures as required.
|
Right to equality and non-discrimination |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
44
All the rights and freedoms recognized herein are equally guaranteed to male and female indigenous individuals.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.11
States should monitor the outcome of allocation programmes, including the gender-differentiated impacts on food security and poverty eradication as well as their impacts on social, economic and environmental objectives, and introduce corrective measures as required.
|
Right to equality and non-discrimination |
ILO C169
Indigenous and Tribal Peoples Convention, 1989 (no.169) – ILO 169 |
3.1
Indigenous and tribal peoples shall enjoy the full measure of human rights and fundamental freedoms without hindrance or discrimination. The provisions of the Convention shall be applied without discrimination to male and female members of these peoples. To be read also in conjunction with the provisions reported above under "right to land".
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.11
States should monitor the outcome of allocation programmes, including the gender-differentiated impacts on food security and poverty eradication as well as their impacts on social, economic and environmental objectives, and introduce corrective measures as required.
|
Right to equality and non-discrimination |
ILO C169
Indigenous and Tribal Peoples Convention, 1989 (no.169) – ILO 169 |
4
1. Special measures shall be adopted as appropriate for safeguarding the persons, institutions, property, labour, cultures and environment of the peoples concerned.
2. Such special measures shall not be contrary to the freely-expressed wishes of the peoples concerned.
3. Enjoyment of the general rights of citizenship, without discrimination, shall not be prejudiced in any way by such special measures.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.11
States should monitor the outcome of allocation programmes, including the gender-differentiated impacts on food security and poverty eradication as well as their impacts on social, economic and environmental objectives, and introduce corrective measures as required.
|
Right to equality and non-discrimination |
ILO C111
Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - ILO C111 |
2
Each Member for which this Convention is in force undertakes to declare and pursue a national policy designed to promote, by methods appropriate to national conditions and practice, equality of opportunity and treatment in respect of employment and occupation, with a view to eliminating any discrimination in respect thereof.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.11
States should monitor the outcome of allocation programmes, including the gender-differentiated impacts on food security and poverty eradication as well as their impacts on social, economic and environmental objectives, and introduce corrective measures as required.
|
Right to equality and non-discrimination |
ILO C111
Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - ILO C111 |
5
1. Special measures of protection or assistance provided for in other Conventions or Recommendations adopted by the International Labour Conference shall not be deemed to be discrimination.
2. Any Member may, after consultation with representative employers' and workers' organisations, where such exist, determine that other special measures designed to meet the particular requirements of persons who, for reasons such as sex, age, disablement, family responsibilities or social or cultural status, are generally recognised to require special protection or assistance, shall not be deemed to be discrimination.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.11
States should monitor the outcome of allocation programmes, including the gender-differentiated impacts on food security and poverty eradication as well as their impacts on social, economic and environmental objectives, and introduce corrective measures as required.
|
Right to equality and non-discrimination |
ECHR
European Convention for the Protection of Human Rights and Fundamental Freedoms |
14
The enjoyment of the rights and freedoms set forth in this Convention shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.11
States should monitor the outcome of allocation programmes, including the gender-differentiated impacts on food security and poverty eradication as well as their impacts on social, economic and environmental objectives, and introduce corrective measures as required.
|
Right to equality and non-discrimination |
European Framework Convention on Minorities
Council of Europe Framework Convention for the Protection of National Minorities |
4,1
The Parties undertake to guarantee to persons belonging to national minorities the right of equality before the law and of equal protection of the law. In this respect, any discrimination based on belonging to a national minority shall be prohibited.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.11
States should monitor the outcome of allocation programmes, including the gender-differentiated impacts on food security and poverty eradication as well as their impacts on social, economic and environmental objectives, and introduce corrective measures as required.
|
Right to equality and non-discrimination |
European Framework Convention on Minorities
Council of Europe Framework Convention for the Protection of National Minorities |
4.2 & 3
2.The Parties undertake to adopt, where necessary, adequate measures in order to promote, in all areas of economic, social, political and cultural life, full and effective equality between persons belonging to a national minority and those belonging to the majority. In this respect, they shall take due account of the specific conditions of the persons belonging to national minorities.
3 The measures adopted in accordance with paragraph 2 shall not be considered to be an act of discrimination.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.11
States should monitor the outcome of allocation programmes, including the gender-differentiated impacts on food security and poverty eradication as well as their impacts on social, economic and environmental objectives, and introduce corrective measures as required.
|
Right to equality and non-discrimination |
ACHR
American Convention on Human Rights |
1,1
The States Parties to this Convention undertake to respect the rights and freedoms recognized herein and to ensure to all persons subject to their jurisdiction the free and full exercise of those rights and freedoms, without any discrimination for reasons of race, color, sex, language, religion, political or other opinion, national or social origin, economic status, birth, or any other social condition.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.11
States should monitor the outcome of allocation programmes, including the gender-differentiated impacts on food security and poverty eradication as well as their impacts on social, economic and environmental objectives, and introduce corrective measures as required.
|
Right to equality and non-discrimination |
Protocol of San Salvador
Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural rights (Protocol of San Salvador) |
3
The State Parties to this Protocol undertake to guarantee the exercise of the rights set forth herein without discrimination of any kind for reasons related to race, color, sex, language, religion, political or other opinions, national or social origin, economic status, birth or any other social condition
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.11
States should monitor the outcome of allocation programmes, including the gender-differentiated impacts on food security and poverty eradication as well as their impacts on social, economic and environmental objectives, and introduce corrective measures as required.
|
Right to equality and non-discrimination |
Protocol of San Salvador
Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural rights (Protocol of San Salvador) |
18c
Everyone affected by a diminution of his physical or mental capacities is entitled to receive special attention designed to help him achieve the greatest possible development of his personality. The States Parties agree to adopt such measures as may be necessary for this purpose and, especially, to:
c. Include the consideration of solutions to specific requirements arising from needs of this group as a priority component of their urban development plans;
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.11
States should monitor the outcome of allocation programmes, including the gender-differentiated impacts on food security and poverty eradication as well as their impacts on social, economic and environmental objectives, and introduce corrective measures as required.
|
Right to equality and non-discrimination |
Convention of Belem do Para
Inter-American Convention on the Prevention, Punishment and Eradication of Violence Against Women (Convention of Belem do Para) |
5
Every woman is entitled to the free and full exercise of her civil, political, economic, social and cultural rights, and may rely on the full protection of those rights as embodied in regional and international instruments on human rights. The States Parties recognize that violence against women prevents and nullifies the exercise of these rights.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.11
States should monitor the outcome of allocation programmes, including the gender-differentiated impacts on food security and poverty eradication as well as their impacts on social, economic and environmental objectives, and introduce corrective measures as required.
|
Right to equality and non-discrimination |
Convention of Belem do Para
Inter-American Convention on the Prevention, Punishment and Eradication of Violence Against Women (Convention of Belem do Para) |
6
The right of every woman to be free from violence includes, among others:
a. The right of women to be free from all forms of discrimination; and
b. The right of women to be valued and educated free of stereotyped patterns of behavior and social and cultural practices based on concepts of inferiority or subordination.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.11
States should monitor the outcome of allocation programmes, including the gender-differentiated impacts on food security and poverty eradication as well as their impacts on social, economic and environmental objectives, and introduce corrective measures as required.
|
Right to equality and non-discrimination |
Escazu Agreement
Regional Agreement on Access to Information, Public Participation and Justice in Environmental Matters in Latin America and the Caribbean |
7,15
In the implementation of the present Agreement, each Party shall guarantee that its domestic legislation and international obligations in relation to the rights of indigenous peoples and local communities are observed.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.11
States should monitor the outcome of allocation programmes, including the gender-differentiated impacts on food security and poverty eradication as well as their impacts on social, economic and environmental objectives, and introduce corrective measures as required.
|
Right to equality and non-discrimination |
ACHPR
African Charter on Human and Peoples' Rights |
2
Every individual shall be entitled to the enjoyment of the rights and freedoms recognised and guaranteed in the present Charter without distinction of any kind such as race, ethnic group, colour, sex, language, religion, political or any other opinion, national and social origin, fortune, birth or any status.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.11
States should monitor the outcome of allocation programmes, including the gender-differentiated impacts on food security and poverty eradication as well as their impacts on social, economic and environmental objectives, and introduce corrective measures as required.
|
Right to equality and non-discrimination |
ACHPR
African Charter on Human and Peoples' Rights |
19
All peoples shall be equal; they shall enjoy the same respect and shall have the same rights. Nothing shall justify the domination of a people by another.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.11
States should monitor the outcome of allocation programmes, including the gender-differentiated impacts on food security and poverty eradication as well as their impacts on social, economic and environmental objectives, and introduce corrective measures as required.
|
Right to equality and non-discrimination |
ACRWC
African Charter on the Rights and Welfare of the Child |
3
Every child shall be entitled to the enjoyment of the rights and freedoms recognized and guaranteed in this Charter irrespective of the child’s or his/her parents’ or legal guardians’ race, ethnic group, colour, sex, language, religion, political or other opinion, national and social origin, fortune, birth or other status.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.11
States should monitor the outcome of allocation programmes, including the gender-differentiated impacts on food security and poverty eradication as well as their impacts on social, economic and environmental objectives, and introduce corrective measures as required.
|
Right to equality and non-discrimination |
Maputo Protocol
Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa |
II.1
States Parties shall combat all forms of discrimination against women through appropriate legislative, institutional and other measures. In this regard they shall:
a) include in their national constitutions and other legislative instruments, if not already done, the principle of equality between women and men and ensure its effective application;
b) enact and effectively implement appropriate legislative or regulatory measures, including those prohibiting and curbing all forms of discrimination particularly those harmful practices which endanger the health and general well-being of women;
c) integrate a gender perspective in their policy decisions, legislation, development plans, programmes and activities and in all other spheres of life;
d) take corrective and positive action in those areas where discrimination against women in law and in fact continues to exist;
e) support the local, national, regional and continental initiatives directed at eradicating all forms of discrimination against women.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.11
States should monitor the outcome of allocation programmes, including the gender-differentiated impacts on food security and poverty eradication as well as their impacts on social, economic and environmental objectives, and introduce corrective measures as required.
|
Right to equality and non-discrimination |
Maputo Protocol
Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa |
XXIIIa
The States Parties undertake to:
a) Ensure the protection of women with disabilities and take specific measures commensurate with their physical, economic and social needs to facilitate their access to employment, professional and vocational training as well as their participation in decision-making;
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.11
States should monitor the outcome of allocation programmes, including the gender-differentiated impacts on food security and poverty eradication as well as their impacts on social, economic and environmental objectives, and introduce corrective measures as required.
|
Right to equality and non-discrimination |
Maputo Protocol
Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa |
XIX.a
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:
a) Introduce the gender perspective in the national development
planning procedures;
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.11
States should monitor the outcome of allocation programmes, including the gender-differentiated impacts on food security and poverty eradication as well as their impacts on social, economic and environmental objectives, and introduce corrective measures as required.
|
Right to equality and non-discrimination |
ADHR
ASEAN Declaration on Human Rights |
1
All persons are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of humanity.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.11
States should monitor the outcome of allocation programmes, including the gender-differentiated impacts on food security and poverty eradication as well as their impacts on social, economic and environmental objectives, and introduce corrective measures as required.
|
Right to equality and non-discrimination |
ADHR
ASEAN Declaration on Human Rights |
2
Every person is entitled to the rights and freedoms set forth herein, without distinction of any kind, such as race, gender, age, language, religion, political or other opinion, national or social origin, economic status, birth, disability or other status.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.11
States should monitor the outcome of allocation programmes, including the gender-differentiated impacts on food security and poverty eradication as well as their impacts on social, economic and environmental objectives, and introduce corrective measures as required.
|
Right to equality and non-discrimination |
ADHR
ASEAN Declaration on Human Rights |
4
The rights of women, children, the elderly, persons with disabilities, migrant workers, and vulnerable and marginalised groups are an inalienable, integral and indivisible part of human rights and fundamental freedoms.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.11
States should monitor the outcome of allocation programmes, including the gender-differentiated impacts on food security and poverty eradication as well as their impacts on social, economic and environmental objectives, and introduce corrective measures as required.
|
Right to equality and non-discrimination |
CIADDIS
Inter-American Convention on the Elimination of All Forms of Discrimination against Persons with Disabilities |
IV.1
To achieve the objectives of this Convention, the states parties undertake to:
1. Cooperate with one another in helping to prevent and eliminate discrimination against persons with disabilities;
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.11
States should monitor the outcome of allocation programmes, including the gender-differentiated impacts on food security and poverty eradication as well as their impacts on social, economic and environmental objectives, and introduce corrective measures as required.
|
Right to equality and non-discrimination |
CIADDIS
Inter-American Convention on the Elimination of All Forms of Discrimination against Persons with Disabilities |
III.1
To achieve the objectives of this Convention, the states parties undertake:
1. To adopt the legislative, social, educational, labor-related, or any other measures needed to eliminate discrimination against persons with disabilities and to promote their full integration into society, including, but not limited to:
a) Measures to eliminate discrimination gradually and to promote integration by government authorities and/or private entities in providing or making available goods, services, facilities, programs, and activities such as employment, transportation, communications, housing, recreation, education, sports, law enforcement and administration of justice, and political and administrative activities;
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.11
States should monitor the outcome of allocation programmes, including the gender-differentiated impacts on food security and poverty eradication as well as their impacts on social, economic and environmental objectives, and introduce corrective measures as required.
|
Right to a healthy environment |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
18
1. Peasants and other people working in rural areas have the right to the conservation and protection of the environment and the productive capacity of their lands,
and of the resources that they use and manage.
2. States shall take appropriate measures to ensure that peasants and other people working in rural areas enjoy, without discrimination, a safe, clean and healthy
environment.
3. States shall comply with their respective international obligations to combat climate change. Peasants and other people working in rural areas have the right to
contribute to the design and implementation of national and local climate change adaptation and mitigation policies, including through the use of practices and traditional knowledge.
4. States shall take effective measures to ensure that no hazardous material, substance or waste is stored or disposed of on the land of peasants and other people
working in rural areas, and shall cooperate to address the threats to the enjoyment of their rights that result from transboundary environmental harm.
5. States shall protect peasants and other people working in rural areas against abuses by non-State actors, including by enforcing environmental laws that contribute,
directly or indirectly, to the protection of the rights of peasants or other people working in rural areas
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.1
Where States own or control land, fisheries and forests, they should determine the use and control of these resources in light of broader social, economic and environmental objectives. They should ensure that all
actions are consistent with their existing obligations under national and international law, and with due regard to voluntary commitments under applicable regional and international instruments
|
Right to a healthy environment |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
18
1. Peasants and other people working in rural areas have the right to the conservation and protection of the environment and the productive capacity of their lands,
and of the resources that they use and manage.
2. States shall take appropriate measures to ensure that peasants and other people working in rural areas enjoy, without discrimination, a safe, clean and healthy
environment.
3. States shall comply with their respective international obligations to combat climate change. Peasants and other people working in rural areas have the right to
contribute to the design and implementation of national and local climate change adaptation and mitigation policies, including through the use of practices and traditional knowledge.
4. States shall take effective measures to ensure that no hazardous material, substance or waste is stored or disposed of on the land of peasants and other people
working in rural areas, and shall cooperate to address the threats to the enjoyment of their rights that result from transboundary environmental harm.
5. States shall protect peasants and other people working in rural areas against abuses by non-State actors, including by enforcing environmental laws that contribute,
directly or indirectly, to the protection of the rights of peasants or other people working in rural areas
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.7
States should develop and publicize policies covering the allocation of tenure rights to others and, where appropriate, the delegation of responsibilities for tenure governance. Policies for allocation of tenure rights should be consistent with broader social, economic and environmental objectives. Local communities that have traditionally used the land, fisheries and forests should receive due consideration in the reallocation of tenure rights. Policies should take into account the tenure rights of others and anyone who could be affected should be included in the consultation, participation and decision-making processes. Such policies should ensure that the allocation of tenure rights does not threaten the livelihoods of people by depriving them of their legitimate access to these resources.
|
Right to a healthy environment |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
18
1. Peasants and other people working in rural areas have the right to the conservation and protection of the environment and the productive capacity of their lands,
and of the resources that they use and manage.
2. States shall take appropriate measures to ensure that peasants and other people working in rural areas enjoy, without discrimination, a safe, clean and healthy
environment.
3. States shall comply with their respective international obligations to combat climate change. Peasants and other people working in rural areas have the right to
contribute to the design and implementation of national and local climate change adaptation and mitigation policies, including through the use of practices and traditional knowledge.
4. States shall take effective measures to ensure that no hazardous material, substance or waste is stored or disposed of on the land of peasants and other people
working in rural areas, and shall cooperate to address the threats to the enjoyment of their rights that result from transboundary environmental harm.
5. States shall protect peasants and other people working in rural areas against abuses by non-State actors, including by enforcing environmental laws that contribute,
directly or indirectly, to the protection of the rights of peasants or other people working in rural areas
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.11
States should monitor the outcome of allocation programmes, including the gender-differentiated impacts on food security and poverty eradication as well as their impacts on social, economic and environmental objectives, and introduce corrective measures as required.
|
Right to a healthy environment |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
29
1. Indigenous peoples have the right to the conservation and protection of the environment and the productive capacity of their lands or territories and resources. States shall establish and implement assistance programmes for
indigenous peoples for such conservation and protection, without discrimination.
2. States shall take effective measures to ensure that no storage or disposal of hazardous materials shall take place in the lands or territories of indigenous peoples without their free, prior and informed consent.
3. States shall also take effective measures to ensure, as needed, that programmes for monitoring, maintaining and restoring the health of indigenous peoples, as developed and implemented by the peoples affected by such materials,
are duly implemented.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.1
Where States own or control land, fisheries and forests, they should determine the use and control of these resources in light of broader social, economic and environmental objectives. They should ensure that all
actions are consistent with their existing obligations under national and international law, and with due regard to voluntary commitments under applicable regional and international instruments
|
Right to a healthy environment |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
29
1. Indigenous peoples have the right to the conservation and protection of the environment and the productive capacity of their lands or territories and resources. States shall establish and implement assistance programmes for
indigenous peoples for such conservation and protection, without discrimination.
2. States shall take effective measures to ensure that no storage or disposal of hazardous materials shall take place in the lands or territories of indigenous peoples without their free, prior and informed consent.
3. States shall also take effective measures to ensure, as needed, that programmes for monitoring, maintaining and restoring the health of indigenous peoples, as developed and implemented by the peoples affected by such materials,
are duly implemented.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.7
States should develop and publicize policies covering the allocation of tenure rights to others and, where appropriate, the delegation of responsibilities for tenure governance. Policies for allocation of tenure rights should be consistent with broader social, economic and environmental objectives. Local communities that have traditionally used the land, fisheries and forests should receive due consideration in the reallocation of tenure rights. Policies should take into account the tenure rights of others and anyone who could be affected should be included in the consultation, participation and decision-making processes. Such policies should ensure that the allocation of tenure rights does not threaten the livelihoods of people by depriving them of their legitimate access to these resources.
|
Right to a healthy environment |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
29
1. Indigenous peoples have the right to the conservation and protection of the environment and the productive capacity of their lands or territories and resources. States shall establish and implement assistance programmes for
indigenous peoples for such conservation and protection, without discrimination.
2. States shall take effective measures to ensure that no storage or disposal of hazardous materials shall take place in the lands or territories of indigenous peoples without their free, prior and informed consent.
3. States shall also take effective measures to ensure, as needed, that programmes for monitoring, maintaining and restoring the health of indigenous peoples, as developed and implemented by the peoples affected by such materials,
are duly implemented.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.11
States should monitor the outcome of allocation programmes, including the gender-differentiated impacts on food security and poverty eradication as well as their impacts on social, economic and environmental objectives, and introduce corrective measures as required.
|
Right to a healthy environment |
ILO C169
Indigenous and Tribal Peoples Convention, 1989 (no.169) – ILO 169 |
7.3 & 7.4
3. Governments shall ensure that, whenever appropriate, studies are carried out, in co-operation with the peoples concerned, to assess the social, spiritual, cultural and environmental impact on them of planned development activities. The results of these studies shall be considered as fundamental criteria for the implementation of these activities.
4. Governments shall take measures, in co-operation with the peoples concerned, to protect and preserve the environment of the territories they inhabit.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.1
Where States own or control land, fisheries and forests, they should determine the use and control of these resources in light of broader social, economic and environmental objectives. They should ensure that all
actions are consistent with their existing obligations under national and international law, and with due regard to voluntary commitments under applicable regional and international instruments
|
Right to a healthy environment |
ILO C169
Indigenous and Tribal Peoples Convention, 1989 (no.169) – ILO 169 |
7.3 & 7.4
3. Governments shall ensure that, whenever appropriate, studies are carried out, in co-operation with the peoples concerned, to assess the social, spiritual, cultural and environmental impact on them of planned development activities. The results of these studies shall be considered as fundamental criteria for the implementation of these activities.
4. Governments shall take measures, in co-operation with the peoples concerned, to protect and preserve the environment of the territories they inhabit.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.7
States should develop and publicize policies covering the allocation of tenure rights to others and, where appropriate, the delegation of responsibilities for tenure governance. Policies for allocation of tenure rights should be consistent with broader social, economic and environmental objectives. Local communities that have traditionally used the land, fisheries and forests should receive due consideration in the reallocation of tenure rights. Policies should take into account the tenure rights of others and anyone who could be affected should be included in the consultation, participation and decision-making processes. Such policies should ensure that the allocation of tenure rights does not threaten the livelihoods of people by depriving them of their legitimate access to these resources.
|
Right to a healthy environment |
ILO C169
Indigenous and Tribal Peoples Convention, 1989 (no.169) – ILO 169 |
7.3 & 7.4
3. Governments shall ensure that, whenever appropriate, studies are carried out, in co-operation with the peoples concerned, to assess the social, spiritual, cultural and environmental impact on them of planned development activities. The results of these studies shall be considered as fundamental criteria for the implementation of these activities.
4. Governments shall take measures, in co-operation with the peoples concerned, to protect and preserve the environment of the territories they inhabit.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.11
States should monitor the outcome of allocation programmes, including the gender-differentiated impacts on food security and poverty eradication as well as their impacts on social, economic and environmental objectives, and introduce corrective measures as required.
|
Right to a healthy environment |
Protocol of San Salvador
Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural rights (Protocol of San Salvador) |
11
1. Everyone shall have the right to live in a healthy environment and to have access to basic public services.
2. The States Parties shall promote the protection, preservation, and improvement of the environment.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.1
Where States own or control land, fisheries and forests, they should determine the use and control of these resources in light of broader social, economic and environmental objectives. They should ensure that all
actions are consistent with their existing obligations under national and international law, and with due regard to voluntary commitments under applicable regional and international instruments
|
Right to a healthy environment |
Protocol of San Salvador
Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural rights (Protocol of San Salvador) |
11
1. Everyone shall have the right to live in a healthy environment and to have access to basic public services.
2. The States Parties shall promote the protection, preservation, and improvement of the environment.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.7
States should develop and publicize policies covering the allocation of tenure rights to others and, where appropriate, the delegation of responsibilities for tenure governance. Policies for allocation of tenure rights should be consistent with broader social, economic and environmental objectives. Local communities that have traditionally used the land, fisheries and forests should receive due consideration in the reallocation of tenure rights. Policies should take into account the tenure rights of others and anyone who could be affected should be included in the consultation, participation and decision-making processes. Such policies should ensure that the allocation of tenure rights does not threaten the livelihoods of people by depriving them of their legitimate access to these resources.
|
Right to a healthy environment |
Protocol of San Salvador
Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural rights (Protocol of San Salvador) |
11
1. Everyone shall have the right to live in a healthy environment and to have access to basic public services.
2. The States Parties shall promote the protection, preservation, and improvement of the environment.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.11
States should monitor the outcome of allocation programmes, including the gender-differentiated impacts on food security and poverty eradication as well as their impacts on social, economic and environmental objectives, and introduce corrective measures as required.
|
Right to a healthy environment |
Escazu Agreement
Regional Agreement on Access to Information, Public Participation and Justice in Environmental Matters in Latin America and the Caribbean |
1
The objective of the present Agreement is to guarantee the full and effective implementation in Latin America and the Caribbean of the rights of access to environmental information, public participation in the environmental decision-making process and access to justice in environmental matters, and the creation and strengthening of capacities and cooperation, contributing to the protection of the right of every person of present and future generations to live in a healthy environment and to sustainable development.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.1
Where States own or control land, fisheries and forests, they should determine the use and control of these resources in light of broader social, economic and environmental objectives. They should ensure that all
actions are consistent with their existing obligations under national and international law, and with due regard to voluntary commitments under applicable regional and international instruments
|
Right to a healthy environment |
Escazu Agreement
Regional Agreement on Access to Information, Public Participation and Justice in Environmental Matters in Latin America and the Caribbean |
1
The objective of the present Agreement is to guarantee the full and effective implementation in Latin America and the Caribbean of the rights of access to environmental information, public participation in the environmental decision-making process and access to justice in environmental matters, and the creation and strengthening of capacities and cooperation, contributing to the protection of the right of every person of present and future generations to live in a healthy environment and to sustainable development.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.7
States should develop and publicize policies covering the allocation of tenure rights to others and, where appropriate, the delegation of responsibilities for tenure governance. Policies for allocation of tenure rights should be consistent with broader social, economic and environmental objectives. Local communities that have traditionally used the land, fisheries and forests should receive due consideration in the reallocation of tenure rights. Policies should take into account the tenure rights of others and anyone who could be affected should be included in the consultation, participation and decision-making processes. Such policies should ensure that the allocation of tenure rights does not threaten the livelihoods of people by depriving them of their legitimate access to these resources.
|
Right to a healthy environment |
Escazu Agreement
Regional Agreement on Access to Information, Public Participation and Justice in Environmental Matters in Latin America and the Caribbean |
1
The objective of the present Agreement is to guarantee the full and effective implementation in Latin America and the Caribbean of the rights of access to environmental information, public participation in the environmental decision-making process and access to justice in environmental matters, and the creation and strengthening of capacities and cooperation, contributing to the protection of the right of every person of present and future generations to live in a healthy environment and to sustainable development.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.11
States should monitor the outcome of allocation programmes, including the gender-differentiated impacts on food security and poverty eradication as well as their impacts on social, economic and environmental objectives, and introduce corrective measures as required.
|
Right to a healthy environment |
Escazu Agreement
Regional Agreement on Access to Information, Public Participation and Justice in Environmental Matters in Latin America and the Caribbean |
4,1
Each Party shall guarantee the right of every person to live in a healthy environment and any other universally-recognized human right related to the present Agreement.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.1
Where States own or control land, fisheries and forests, they should determine the use and control of these resources in light of broader social, economic and environmental objectives. They should ensure that all
actions are consistent with their existing obligations under national and international law, and with due regard to voluntary commitments under applicable regional and international instruments
|
Right to a healthy environment |
Escazu Agreement
Regional Agreement on Access to Information, Public Participation and Justice in Environmental Matters in Latin America and the Caribbean |
4,1
Each Party shall guarantee the right of every person to live in a healthy environment and any other universally-recognized human right related to the present Agreement.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.7
States should develop and publicize policies covering the allocation of tenure rights to others and, where appropriate, the delegation of responsibilities for tenure governance. Policies for allocation of tenure rights should be consistent with broader social, economic and environmental objectives. Local communities that have traditionally used the land, fisheries and forests should receive due consideration in the reallocation of tenure rights. Policies should take into account the tenure rights of others and anyone who could be affected should be included in the consultation, participation and decision-making processes. Such policies should ensure that the allocation of tenure rights does not threaten the livelihoods of people by depriving them of their legitimate access to these resources.
|
Right to a healthy environment |
Escazu Agreement
Regional Agreement on Access to Information, Public Participation and Justice in Environmental Matters in Latin America and the Caribbean |
4,1
Each Party shall guarantee the right of every person to live in a healthy environment and any other universally-recognized human right related to the present Agreement.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.11
States should monitor the outcome of allocation programmes, including the gender-differentiated impacts on food security and poverty eradication as well as their impacts on social, economic and environmental objectives, and introduce corrective measures as required.
|
Right to a healthy environment |
Maputo Protocol
Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa |
XVI
Women shall have the right to equal access to housing and to acceptable living conditions in a healthy environment. To ensure this right, States Parties shall grant to women, whatever their marital status, access to adequate housing.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.1
Where States own or control land, fisheries and forests, they should determine the use and control of these resources in light of broader social, economic and environmental objectives. They should ensure that all
actions are consistent with their existing obligations under national and international law, and with due regard to voluntary commitments under applicable regional and international instruments
|
Right to a healthy environment |
Maputo Protocol
Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa |
XVI
Women shall have the right to equal access to housing and to acceptable living conditions in a healthy environment. To ensure this right, States Parties shall grant to women, whatever their marital status, access to adequate housing.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.7
States should develop and publicize policies covering the allocation of tenure rights to others and, where appropriate, the delegation of responsibilities for tenure governance. Policies for allocation of tenure rights should be consistent with broader social, economic and environmental objectives. Local communities that have traditionally used the land, fisheries and forests should receive due consideration in the reallocation of tenure rights. Policies should take into account the tenure rights of others and anyone who could be affected should be included in the consultation, participation and decision-making processes. Such policies should ensure that the allocation of tenure rights does not threaten the livelihoods of people by depriving them of their legitimate access to these resources.
|
Right to a healthy environment |
Maputo Protocol
Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa |
XVI
Women shall have the right to equal access to housing and to acceptable living conditions in a healthy environment. To ensure this right, States Parties shall grant to women, whatever their marital status, access to adequate housing.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.11
States should monitor the outcome of allocation programmes, including the gender-differentiated impacts on food security and poverty eradication as well as their impacts on social, economic and environmental objectives, and introduce corrective measures as required.
|
Right to a healthy environment |
Maputo Protocol
Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa |
XVIII
Women shall have the right to live in a healthy and sustainable environment.
2. States Parties shall take all appropriate measures to:
a) Ensure greater participation of women in the planning, management and preservation of the environment and the sustainable use of natural resources at all levels;
b) Promote research and investment in new and renewable energy sources and appropriate technologies, including information technologies and facilitate women’s access to, and participation in their control;
c) Protect and enable the development of women’s indigenous knowledge systems;
d) Regulate the management, processing, storage and disposal of domestic waste;
e) Ensure that proper standards are followed for the storage, transportation and disposal of toxic waste
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.1
Where States own or control land, fisheries and forests, they should determine the use and control of these resources in light of broader social, economic and environmental objectives. They should ensure that all
actions are consistent with their existing obligations under national and international law, and with due regard to voluntary commitments under applicable regional and international instruments
|
Right to a healthy environment |
Maputo Protocol
Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa |
XVIII
Women shall have the right to live in a healthy and sustainable environment.
2. States Parties shall take all appropriate measures to:
a) Ensure greater participation of women in the planning, management and preservation of the environment and the sustainable use of natural resources at all levels;
b) Promote research and investment in new and renewable energy sources and appropriate technologies, including information technologies and facilitate women’s access to, and participation in their control;
c) Protect and enable the development of women’s indigenous knowledge systems;
d) Regulate the management, processing, storage and disposal of domestic waste;
e) Ensure that proper standards are followed for the storage, transportation and disposal of toxic waste
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.7
States should develop and publicize policies covering the allocation of tenure rights to others and, where appropriate, the delegation of responsibilities for tenure governance. Policies for allocation of tenure rights should be consistent with broader social, economic and environmental objectives. Local communities that have traditionally used the land, fisheries and forests should receive due consideration in the reallocation of tenure rights. Policies should take into account the tenure rights of others and anyone who could be affected should be included in the consultation, participation and decision-making processes. Such policies should ensure that the allocation of tenure rights does not threaten the livelihoods of people by depriving them of their legitimate access to these resources.
|
Right to a healthy environment |
Maputo Protocol
Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa |
XVIII
Women shall have the right to live in a healthy and sustainable environment.
2. States Parties shall take all appropriate measures to:
a) Ensure greater participation of women in the planning, management and preservation of the environment and the sustainable use of natural resources at all levels;
b) Promote research and investment in new and renewable energy sources and appropriate technologies, including information technologies and facilitate women’s access to, and participation in their control;
c) Protect and enable the development of women’s indigenous knowledge systems;
d) Regulate the management, processing, storage and disposal of domestic waste;
e) Ensure that proper standards are followed for the storage, transportation and disposal of toxic waste
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.11
States should monitor the outcome of allocation programmes, including the gender-differentiated impacts on food security and poverty eradication as well as their impacts on social, economic and environmental objectives, and introduce corrective measures as required.
|
Right to a healthy environment |
ADHR
ASEAN Declaration on Human Rights |
28.f
Every person has the right to an adequate standard of living for himself or herself and his or her family including:
f. The right to a safe, clean and sustainable environment.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.1
Where States own or control land, fisheries and forests, they should determine the use and control of these resources in light of broader social, economic and environmental objectives. They should ensure that all
actions are consistent with their existing obligations under national and international law, and with due regard to voluntary commitments under applicable regional and international instruments
|
Right to a healthy environment |
ADHR
ASEAN Declaration on Human Rights |
28.f
Every person has the right to an adequate standard of living for himself or herself and his or her family including:
f. The right to a safe, clean and sustainable environment.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.7
States should develop and publicize policies covering the allocation of tenure rights to others and, where appropriate, the delegation of responsibilities for tenure governance. Policies for allocation of tenure rights should be consistent with broader social, economic and environmental objectives. Local communities that have traditionally used the land, fisheries and forests should receive due consideration in the reallocation of tenure rights. Policies should take into account the tenure rights of others and anyone who could be affected should be included in the consultation, participation and decision-making processes. Such policies should ensure that the allocation of tenure rights does not threaten the livelihoods of people by depriving them of their legitimate access to these resources.
|
Right to a healthy environment |
ADHR
ASEAN Declaration on Human Rights |
28.f
Every person has the right to an adequate standard of living for himself or herself and his or her family including:
f. The right to a safe, clean and sustainable environment.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.11
States should monitor the outcome of allocation programmes, including the gender-differentiated impacts on food security and poverty eradication as well as their impacts on social, economic and environmental objectives, and introduce corrective measures as required.
|
Right to land |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
17
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.
2. States shall take appropriate measures to remove and prohibit all forms of discrimination relating to the right to land, including those resulting from change of marital status, lack of legal capacity or lack of access to economic resources.
3. States shall take appropriate measures to provide legal recognition for land tenure rights, including customary land tenure rights not currently protected by law, recognizing the existence of different models and systems. States shall protect legitimate
tenure, and ensure that peasants and other people working in rural areas are not arbitrarily or unlawfully evicted and that their rights are not otherwise extinguished or infringed. States shall recognize and protect the natural commons and their related systems of collective use and management. 4. Peasants and other people working in rural areas have the right to be protected against arbitrary and unlawful displacement from their land or place of habitual residence, or from other natural resources used in their activities and necessary for the enjoyment of adequate living conditions. States shall incorporate protections against displacement into domestic legislation that are consistent with international human rights and humanitarian law. States shall prohibit arbitrary and unlawful forced eviction, the destruction of agricultural areas and the confiscation or expropriation of land and other natural resources, including as a punitive measure or as a means or method of war.
5. Peasants and other people working in rural areas who have been arbitrarily or unlawfully deprived of their lands have the right, individually and/or collectively, in association with others or as a community, to return to their land of which they were arbitrarily or unlawfully deprived, including in cases of natural disasters and/or armed conflict and to have restored their access to the natural resources used in their activities and necessary for the enjoyment of adequate living conditions, whenever possible, or to receive just, fair and lawful compensation when their return is not possible.
6. Where appropriate, States shall take appropriate measures to carry out agrarian reforms in order to facilitate broad and equitable access to land and other natural resources necessary to ensure that peasants and other people working in rural areas enjoy adequate living conditions, and to limit excessive concentration and control of land, taking into account its social function. Landless peasants, young people, small-scale fishers and other rural workers should be given priority in the allocation of public lands, fisheries and forests.
7. States shall take measures aimed at the conservation and sustainable use of land and other natural resources used in their production, including, among others, through agroecology, and ensure the conditions for the regeneration of biological and other natural capacities and cycles.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.5
States should determine which of the land, fisheries and forests they own or control will be retained and used by the public sector, and which of these will be allocated for use by others and under what conditions.
|
Right to land |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
5.1
Peasants and other people working in rural areas have the right to have access to and to use in a sustainable manner the natural resources present in their communities that are required to enjoy adequate living conditions, in accordance with article 28 of the present Declaration. They also have the right to participate in the management of these resources
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.5
States should determine which of the land, fisheries and forests they own or control will be retained and used by the public sector, and which of these will be allocated for use by others and under what conditions.
|
Right to land |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
7.3
States shall, where required, take appropriate measures to cooperate with a view to addressing transboundary tenure issues affecting peasants and other people working in rural areas that cross international boundaries, in accordance with article 28 of the present Declaration.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.5
States should determine which of the land, fisheries and forests they own or control will be retained and used by the public sector, and which of these will be allocated for use by others and under what conditions.
|
Right to land |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
10
Indigenous peoples shall not be forcibly removed from their lands or territories. No relocation shall take place without the free, prior and informed consent of the indigenous peoples concerned and after agreement on just and fair
compensation and, where possible, with the option of return.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.5
States should determine which of the land, fisheries and forests they own or control will be retained and used by the public sector, and which of these will be allocated for use by others and under what conditions.
|
Right to land |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
26
1. Indigenous peoples have the right to the lands, territories and resources which they have traditionally owned, occupied or otherwise used or acquired.
2. Indigenous peoples have the right to own, use, develop and control the lands, territories and resources that they possess by reason of traditional ownership or other traditional occupation or use, as well as those which they have otherwise acquired.
3. States shall give legal recognition and protection to these lands, territories and resources. Such recognition shall be conducted with due respect to the customs, traditions and land tenure systems of the indigenous peoples concerned
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.5
States should determine which of the land, fisheries and forests they own or control will be retained and used by the public sector, and which of these will be allocated for use by others and under what conditions.
|
Right to land |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
27
States shall establish and implement, in conjunction with indigenous peoples concerned, a fair, independent, impartial, open and transparent process, giving due recognition to indigenous peoples’ laws, traditions, customs and land tenure systems, to recognize and adjudicate the rights of indigenous peoples pertaining to their lands, territories and resources, including those which were traditionally owned or otherwise occupied or used. Indigenous peoples shall have the right to participate in this process.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.5
States should determine which of the land, fisheries and forests they own or control will be retained and used by the public sector, and which of these will be allocated for use by others and under what conditions.
|
Right to land |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
32.2
States shall consult and cooperate in good faith with the indigenous peoples concerned through their own representative institutions in order to obtain their free and informed consent prior to the approval of any project affecting their lands or territories and other resources, particularly in connection with the development, utilization or exploitation of mineral, water or other resources.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.5
States should determine which of the land, fisheries and forests they own or control will be retained and used by the public sector, and which of these will be allocated for use by others and under what conditions.
|
Right to land |
ILO C169
Indigenous and Tribal Peoples Convention, 1989 (no.169) – ILO 169 |
14
1. The rights of ownership and possession of the peoples concerned over the lands which they traditionally occupy shall be recognised. In addition, measures shall be taken in appropriate cases to safeguard the right of the peoples concerned to use lands not exclusively occupied by them, but to which they have traditionally had access for their subsistence and traditional activities. Particular attention shall be paid to the situation of nomadic peoples and shifting cultivators in this respect.
2. Governments shall take steps as necessary to identify the lands which the peoples concerned traditionally occupy, and to guarantee effective protection of their rights of ownership and possession.
3. Adequate procedures shall be established within the national legal system to resolve land claims by the peoples concerned.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.5
States should determine which of the land, fisheries and forests they own or control will be retained and used by the public sector, and which of these will be allocated for use by others and under what conditions.
|
Right to land |
ILO C169
Indigenous and Tribal Peoples Convention, 1989 (no.169) – ILO 169 |
15
1. The rights of the peoples concerned to the natural resources pertaining to their lands shall be specially safeguarded. These rights include the right of these peoples to participate in the use, management and conservation of these resources.
2. In cases in which the State retains the ownership of mineral or sub-surface resources or rights to other resources pertaining to lands, governments shall establish or maintain procedures through which they shall consult these peoples, with a view to ascertaining whether and to what degree their interests would be prejudiced, before undertaking or permitting any programmes for the exploration or exploitation of such resources pertaining to their lands. The peoples concerned shall wherever possible participate in the benefits of such activities, and shall receive fair compensation for any damages which they may sustain as a result of such activities.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.5
States should determine which of the land, fisheries and forests they own or control will be retained and used by the public sector, and which of these will be allocated for use by others and under what conditions.
|
Right to land |
ILO C169
Indigenous and Tribal Peoples Convention, 1989 (no.169) – ILO 169 |
16
1. Subject to the following paragraphs of this Article, the peoples concerned shall not be removed from the lands which they occupy.
2. Where the relocation of these peoples is considered necessary as an exceptional measure, such relocation shall take place only with their free and informed consent. Where their consent cannot be obtained, such relocation shall take place only following appropriate procedures established by national laws and regulations, including public inquiries where appropriate, which provide the opportunity for effective representation of the peoples concerned.
3. Whenever possible, these peoples shall have the right to return to their traditional lands, as soon as the grounds for relocation cease to exist.
4. When such return is not possible, as determined by agreement or, in the absence of such agreement, through appropriate procedures, these peoples shall be provided in all possible cases with lands of quality and legal status at least equal to that of the lands previously occupied by them, suitable to provide for their present needs and future development. Where the peoples concerned express a preference for compensation in money or in kind, they shall be so compensated under appropriate guarantees.
5. Persons thus relocated shall be fully compensated for any resulting loss or injury.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.5
States should determine which of the land, fisheries and forests they own or control will be retained and used by the public sector, and which of these will be allocated for use by others and under what conditions.
|
Right to land |
ILO C169
Indigenous and Tribal Peoples Convention, 1989 (no.169) – ILO 169 |
17
1. Procedures established by the peoples concerned for the transmission of land rights among members of these peoples shall be respected.
2. The peoples concerned shall be consulted whenever consideration is being given to their capacity to alienate their lands or otherwise transmit their rights outside their own community.
3. Persons not belonging to these peoples shall be prevented from taking advantage of their customs or of lack of understanding of the laws on the part of their members to secure the ownership, possession or use of land belonging to them.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.5
States should determine which of the land, fisheries and forests they own or control will be retained and used by the public sector, and which of these will be allocated for use by others and under what conditions.
|
Right to land |
ILO C169
Indigenous and Tribal Peoples Convention, 1989 (no.169) – ILO 169 |
18
Adequate penalties shall be established by law for unauthorised intrusion upon, or use of, the lands of the peoples concerned, and governments shall take measures to prevent such offences.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.5
States should determine which of the land, fisheries and forests they own or control will be retained and used by the public sector, and which of these will be allocated for use by others and under what conditions.
|
Right to land |
ILO C169
Indigenous and Tribal Peoples Convention, 1989 (no.169) – ILO 169 |
19
National agrarian programmes shall secure to the peoples concerned treatment equivalent to that accorded to other sectors of the population with regard to:
(a) the provision of more land for these peoples when they have not the area necessary for providing the essentials of a normal existence, or for any possible increase in their numbers;
(b) the provision of the means required to promote the development of the lands which these peoples already possess.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.5
States should determine which of the land, fisheries and forests they own or control will be retained and used by the public sector, and which of these will be allocated for use by others and under what conditions.
|
Right to land |
ILO C169
Indigenous and Tribal Peoples Convention, 1989 (no.169) – ILO 169 |
8
1. In applying national laws and regulations to the peoples concerned, due regard shall be had to their customs or customary laws.
2. These peoples shall have the right to retain their own customs and institutions, where these are not incompatible with fundamental rights defined by the national legal system and with internationally recognised human rights. Procedures shall be established, whenever necessary, to resolve conflicts which may arise in the application of this principle.
3. The application of paragraphs 1 and 2 of this Article shall not prevent members of these peoples from exercising the rights granted to all citizens and from assuming the corresponding duties.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.5
States should determine which of the land, fisheries and forests they own or control will be retained and used by the public sector, and which of these will be allocated for use by others and under what conditions.
|
Right to land |
Maputo Protocol
Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa |
XV
States Parties shall ensure that women have the right to nutritious and adequate food. In this regard, they shall take appropriate measures to:
a) Provide women with access to clean drinking water, sources of domestic fuel, land, and the means of producing nutritious food;
b) Establish adequate systems of supply and storage to ensure food security.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.5
States should determine which of the land, fisheries and forests they own or control will be retained and used by the public sector, and which of these will be allocated for use by others and under what conditions.
|
Right to land |
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;
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.5
States should determine which of the land, fisheries and forests they own or control will be retained and used by the public sector, and which of these will be allocated for use by others and under what conditions.
|
Right to participation |
UDHR
Universal Declaration of human rights |
21.1
Everyone has the right to take part in the government of his country, directly or through freely chosen representatives.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.5
States should determine which of the land, fisheries and forests they own or control will be retained and used by the public sector, and which of these will be allocated for use by others and under what conditions.
|
Right to participation |
UDHR
Universal Declaration of human rights |
21.1
Everyone has the right to take part in the government of his country, directly or through freely chosen representatives.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.7
States should develop and publicize policies covering the allocation of tenure rights to others and, where appropriate, the delegation of responsibilities for tenure governance. Policies for allocation of tenure rights should be consistent with broader social, economic and environmental objectives. Local communities that have traditionally used the land, fisheries and forests should receive due consideration in the reallocation of tenure rights. Policies should take into account the tenure rights of others and anyone who could be affected should be included in the consultation, participation and decision-making processes. Such policies should ensure that the allocation of tenure rights does not threaten the livelihoods of people by depriving them of their legitimate access to these resources.
|
Right to participation |
ICCPR
International Covenant on Civil and Political Rights |
25.a
Every citizen shall have the right and the opportunity, without any of the distinctions mentioned in article 2 and without unreasonable restrictions: (a) To take part in the conduct of public affairs, directly or through freely chosen representatives
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.5
States should determine which of the land, fisheries and forests they own or control will be retained and used by the public sector, and which of these will be allocated for use by others and under what conditions.
|
Right to participation |
ICCPR
International Covenant on Civil and Political Rights |
25.a
Every citizen shall have the right and the opportunity, without any of the distinctions mentioned in article 2 and without unreasonable restrictions: (a) To take part in the conduct of public affairs, directly or through freely chosen representatives
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.7
States should develop and publicize policies covering the allocation of tenure rights to others and, where appropriate, the delegation of responsibilities for tenure governance. Policies for allocation of tenure rights should be consistent with broader social, economic and environmental objectives. Local communities that have traditionally used the land, fisheries and forests should receive due consideration in the reallocation of tenure rights. Policies should take into account the tenure rights of others and anyone who could be affected should be included in the consultation, participation and decision-making processes. Such policies should ensure that the allocation of tenure rights does not threaten the livelihoods of people by depriving them of their legitimate access to these resources.
|
Right to participation |
ICERD
International Convention on the Elimination of All Forms of Racial Discrimination |
5.c
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: [..]
(c) Political rights, in particular the right to participate in elections-to vote and to stand for election-on the basis of universal and equal suffrage, to take part in the Government as well as in the conduct of public affairs at any level and to have equal access to public service
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.5
States should determine which of the land, fisheries and forests they own or control will be retained and used by the public sector, and which of these will be allocated for use by others and under what conditions.
|
Right to participation |
ICERD
International Convention on the Elimination of All Forms of Racial Discrimination |
5.c
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: [..]
(c) Political rights, in particular the right to participate in elections-to vote and to stand for election-on the basis of universal and equal suffrage, to take part in the Government as well as in the conduct of public affairs at any level and to have equal access to public service
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.7
States should develop and publicize policies covering the allocation of tenure rights to others and, where appropriate, the delegation of responsibilities for tenure governance. Policies for allocation of tenure rights should be consistent with broader social, economic and environmental objectives. Local communities that have traditionally used the land, fisheries and forests should receive due consideration in the reallocation of tenure rights. Policies should take into account the tenure rights of others and anyone who could be affected should be included in the consultation, participation and decision-making processes. Such policies should ensure that the allocation of tenure rights does not threaten the livelihoods of people by depriving them of their legitimate access to these resources.
|
Right to participation |
ICEDAW
International Convention on the Elimination of All Forms of Discrimination Against Women |
14.2.a
States Parties shall take all appropriate measures to eliminate discrimination against women in rural areas in order to ensure, on a basis of equality of men and women, that they participate in and benefit from rural development and, in particular, shall ensure to such women the right: (a) To participate in the elaboration and implementation of development planning at all levels.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.5
States should determine which of the land, fisheries and forests they own or control will be retained and used by the public sector, and which of these will be allocated for use by others and under what conditions.
|
Right to participation |
ICEDAW
International Convention on the Elimination of All Forms of Discrimination Against Women |
14.2.a
States Parties shall take all appropriate measures to eliminate discrimination against women in rural areas in order to ensure, on a basis of equality of men and women, that they participate in and benefit from rural development and, in particular, shall ensure to such women the right: (a) To participate in the elaboration and implementation of development planning at all levels.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.7
States should develop and publicize policies covering the allocation of tenure rights to others and, where appropriate, the delegation of responsibilities for tenure governance. Policies for allocation of tenure rights should be consistent with broader social, economic and environmental objectives. Local communities that have traditionally used the land, fisheries and forests should receive due consideration in the reallocation of tenure rights. Policies should take into account the tenure rights of others and anyone who could be affected should be included in the consultation, participation and decision-making processes. Such policies should ensure that the allocation of tenure rights does not threaten the livelihoods of people by depriving them of their legitimate access to these resources.
|
Right to participation |
ICEDAW
International Convention on the Elimination of All Forms of Discrimination Against Women |
7.b
States Parties shall take all appropriate measures to eliminate discrimination against women in the political and public life of the country and, in particular, shall ensure to women, on equal terms with men, the right: [..] (b) To participate in the formulation of government policy and the implementation thereof and to hold public office and perform all public functions at all levels of government
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.5
States should determine which of the land, fisheries and forests they own or control will be retained and used by the public sector, and which of these will be allocated for use by others and under what conditions.
|
Right to participation |
ICEDAW
International Convention on the Elimination of All Forms of Discrimination Against Women |
7.b
States Parties shall take all appropriate measures to eliminate discrimination against women in the political and public life of the country and, in particular, shall ensure to women, on equal terms with men, the right: [..] (b) To participate in the formulation of government policy and the implementation thereof and to hold public office and perform all public functions at all levels of government
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.7
States should develop and publicize policies covering the allocation of tenure rights to others and, where appropriate, the delegation of responsibilities for tenure governance. Policies for allocation of tenure rights should be consistent with broader social, economic and environmental objectives. Local communities that have traditionally used the land, fisheries and forests should receive due consideration in the reallocation of tenure rights. Policies should take into account the tenure rights of others and anyone who could be affected should be included in the consultation, participation and decision-making processes. Such policies should ensure that the allocation of tenure rights does not threaten the livelihoods of people by depriving them of their legitimate access to these resources.
|
Right to participation |
ICRPD
International Convention on the Rights of Persons with Disabilities |
29
States Parties shall guarantee to persons with disabilities political rights and the opportunity to enjoy them on an equal basis with others, and shall undertake to:
(a) Ensure that persons with disabilities can effectively and fully participate in political and public life on an equal basis with others, directly or through freely chosen representatives, including the right and opportunity for persons with disabilities to vote and be elected, inter alia, by:
(i) Ensuring that voting procedures, facilities and materials are appropriate, accessible and easy to understand and use;
(ii) Protecting the right of persons with disabilities to vote by secret ballot in elections and public referendums without intimidation, and to stand for elections, to effectively hold office and perform all public functions at all levels of government, facilitating the use of assistive and new technologies where appropriate;
(iii) Guaranteeing the free expression of the will of persons with disabilities as electors and to this end, where necessary, at their request, allowing assistance in voting by a person of their own choice;
(b) Promote actively an environment in which persons with disabilities can effectively and fully participate in the conduct of public affairs, without discrimination and on an equal basis with others, and encourage their participation in public affairs, including:
(i) Participation in non-governmental organizations and associations concerned with the public and political life of the country, and in the activities and administration of political parties;
(ii) Forming and joining organizations of persons with disabilities to represent persons with disabilities at international, national, regional and local levels.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.5
States should determine which of the land, fisheries and forests they own or control will be retained and used by the public sector, and which of these will be allocated for use by others and under what conditions.
|
Right to participation |
ICRPD
International Convention on the Rights of Persons with Disabilities |
29
States Parties shall guarantee to persons with disabilities political rights and the opportunity to enjoy them on an equal basis with others, and shall undertake to:
(a) Ensure that persons with disabilities can effectively and fully participate in political and public life on an equal basis with others, directly or through freely chosen representatives, including the right and opportunity for persons with disabilities to vote and be elected, inter alia, by:
(i) Ensuring that voting procedures, facilities and materials are appropriate, accessible and easy to understand and use;
(ii) Protecting the right of persons with disabilities to vote by secret ballot in elections and public referendums without intimidation, and to stand for elections, to effectively hold office and perform all public functions at all levels of government, facilitating the use of assistive and new technologies where appropriate;
(iii) Guaranteeing the free expression of the will of persons with disabilities as electors and to this end, where necessary, at their request, allowing assistance in voting by a person of their own choice;
(b) Promote actively an environment in which persons with disabilities can effectively and fully participate in the conduct of public affairs, without discrimination and on an equal basis with others, and encourage their participation in public affairs, including:
(i) Participation in non-governmental organizations and associations concerned with the public and political life of the country, and in the activities and administration of political parties;
(ii) Forming and joining organizations of persons with disabilities to represent persons with disabilities at international, national, regional and local levels.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.7
States should develop and publicize policies covering the allocation of tenure rights to others and, where appropriate, the delegation of responsibilities for tenure governance. Policies for allocation of tenure rights should be consistent with broader social, economic and environmental objectives. Local communities that have traditionally used the land, fisheries and forests should receive due consideration in the reallocation of tenure rights. Policies should take into account the tenure rights of others and anyone who could be affected should be included in the consultation, participation and decision-making processes. Such policies should ensure that the allocation of tenure rights does not threaten the livelihoods of people by depriving them of their legitimate access to these resources.
|
Right to participation |
ICRMW
International Convention on the Protection of The Rights of All Migrant Workers and Members of Their Families |
41
1. Migrant workers and members of their families shall have the right to participate in public affairs of their State of origin and to vote and to be elected at elections of that State, in accordance with its legislation.
2. The States concerned shall, as appropriate and in accordance with their legislation, facilitate the exercise of these rights.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.5
States should determine which of the land, fisheries and forests they own or control will be retained and used by the public sector, and which of these will be allocated for use by others and under what conditions.
|
Right to participation |
ICRMW
International Convention on the Protection of The Rights of All Migrant Workers and Members of Their Families |
41
1. Migrant workers and members of their families shall have the right to participate in public affairs of their State of origin and to vote and to be elected at elections of that State, in accordance with its legislation.
2. The States concerned shall, as appropriate and in accordance with their legislation, facilitate the exercise of these rights.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.7
States should develop and publicize policies covering the allocation of tenure rights to others and, where appropriate, the delegation of responsibilities for tenure governance. Policies for allocation of tenure rights should be consistent with broader social, economic and environmental objectives. Local communities that have traditionally used the land, fisheries and forests should receive due consideration in the reallocation of tenure rights. Policies should take into account the tenure rights of others and anyone who could be affected should be included in the consultation, participation and decision-making processes. Such policies should ensure that the allocation of tenure rights does not threaten the livelihoods of people by depriving them of their legitimate access to these resources.
|
Right to participation |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
10
Peasants and other people working in rural areas have the right to active and free participation, directly and/or through their representative organizations, in the preparation and implementation of policies, programmes and projects that may affect their lives, land and livelihoods.
2. States shall promote the participation, directly and/or through their representative organizations, of peasants and other people working in rural areas in decision-making processes that may affect their lives, land and livelihoods; this includes
respecting the establishment and growth of strong and independent organizations of peasants and other people working in rural areas and promoting their participation in the preparation and implementation of food safety, labour and environmental standards that may affect them
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.5
States should determine which of the land, fisheries and forests they own or control will be retained and used by the public sector, and which of these will be allocated for use by others and under what conditions.
|
Right to participation |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
10
Peasants and other people working in rural areas have the right to active and free participation, directly and/or through their representative organizations, in the preparation and implementation of policies, programmes and projects that may affect their lives, land and livelihoods.
2. States shall promote the participation, directly and/or through their representative organizations, of peasants and other people working in rural areas in decision-making processes that may affect their lives, land and livelihoods; this includes
respecting the establishment and growth of strong and independent organizations of peasants and other people working in rural areas and promoting their participation in the preparation and implementation of food safety, labour and environmental standards that may affect them
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.7
States should develop and publicize policies covering the allocation of tenure rights to others and, where appropriate, the delegation of responsibilities for tenure governance. Policies for allocation of tenure rights should be consistent with broader social, economic and environmental objectives. Local communities that have traditionally used the land, fisheries and forests should receive due consideration in the reallocation of tenure rights. Policies should take into account the tenure rights of others and anyone who could be affected should be included in the consultation, participation and decision-making processes. Such policies should ensure that the allocation of tenure rights does not threaten the livelihoods of people by depriving them of their legitimate access to these resources.
|
Right to participation |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
11.1 & 11.2
1. Peasants and other people working in rural areas have the right to seek, receive, develop and impart information, including information about factors that may affect the production, processing, marketing and distribution of their products.
2. States shall take appropriate measures to ensure that peasants and other people working in rural areas have access to relevant, transparent, timely and adequate information in a language and form and through means adequate to their cultural methods so as to promote their empowerment and to ensure their effective participation in decision-making in matters that may affect their lives, land and livelihoods.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.5
States should determine which of the land, fisheries and forests they own or control will be retained and used by the public sector, and which of these will be allocated for use by others and under what conditions.
|
Right to participation |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
11.1 & 11.2
1. Peasants and other people working in rural areas have the right to seek, receive, develop and impart information, including information about factors that may affect the production, processing, marketing and distribution of their products.
2. States shall take appropriate measures to ensure that peasants and other people working in rural areas have access to relevant, transparent, timely and adequate information in a language and form and through means adequate to their cultural methods so as to promote their empowerment and to ensure their effective participation in decision-making in matters that may affect their lives, land and livelihoods.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.7
States should develop and publicize policies covering the allocation of tenure rights to others and, where appropriate, the delegation of responsibilities for tenure governance. Policies for allocation of tenure rights should be consistent with broader social, economic and environmental objectives. Local communities that have traditionally used the land, fisheries and forests should receive due consideration in the reallocation of tenure rights. Policies should take into account the tenure rights of others and anyone who could be affected should be included in the consultation, participation and decision-making processes. Such policies should ensure that the allocation of tenure rights does not threaten the livelihoods of people by depriving them of their legitimate access to these resources.
|
Right to participation |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
2.3
Without disregarding specific legislation on indigenous peoples, before adopting and implementing legislation and policies, international agreements and other decision-making processes that may affect the rights of peasants and other people working in rural areas, States shall consult and cooperate in good faith with peasants and other people working in rural areas through their own representative institutions, engaging with and seeking the support of peasants and other people working in rural areas who could be affected by decisions before those decisions are made, and responding to their contributions, taking into consideration existing power imbalances between different parties and ensuring active, free, effective, meaningful and informed participation of individuals and groups in associated decision-making processes
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.5
States should determine which of the land, fisheries and forests they own or control will be retained and used by the public sector, and which of these will be allocated for use by others and under what conditions.
|
Right to participation |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
2.3
Without disregarding specific legislation on indigenous peoples, before adopting and implementing legislation and policies, international agreements and other decision-making processes that may affect the rights of peasants and other people working in rural areas, States shall consult and cooperate in good faith with peasants and other people working in rural areas through their own representative institutions, engaging with and seeking the support of peasants and other people working in rural areas who could be affected by decisions before those decisions are made, and responding to their contributions, taking into consideration existing power imbalances between different parties and ensuring active, free, effective, meaningful and informed participation of individuals and groups in associated decision-making processes
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.7
States should develop and publicize policies covering the allocation of tenure rights to others and, where appropriate, the delegation of responsibilities for tenure governance. Policies for allocation of tenure rights should be consistent with broader social, economic and environmental objectives. Local communities that have traditionally used the land, fisheries and forests should receive due consideration in the reallocation of tenure rights. Policies should take into account the tenure rights of others and anyone who could be affected should be included in the consultation, participation and decision-making processes. Such policies should ensure that the allocation of tenure rights does not threaten the livelihoods of people by depriving them of their legitimate access to these resources.
|
Right to participation |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
5.2
States shall take measures to ensure that any exploitation affecting the natural resources that peasants and other people working in rural areas traditionally hold or use is permitted based on, but not limited to:
(a) A duly conducted social and environmental impact assessment;
(b) Consultations in good faith, in accordance with article 2.3 of the present Declaration;
(c) Modalities for the fair and equitable sharing of the benefits of such
exploitation that have been established on mutually agreed terms between those exploiting the natural resources and the peasants and other people working in rural areas.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.5
States should determine which of the land, fisheries and forests they own or control will be retained and used by the public sector, and which of these will be allocated for use by others and under what conditions.
|
Right to participation |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
5.2
States shall take measures to ensure that any exploitation affecting the natural resources that peasants and other people working in rural areas traditionally hold or use is permitted based on, but not limited to:
(a) A duly conducted social and environmental impact assessment;
(b) Consultations in good faith, in accordance with article 2.3 of the present Declaration;
(c) Modalities for the fair and equitable sharing of the benefits of such
exploitation that have been established on mutually agreed terms between those exploiting the natural resources and the peasants and other people working in rural areas.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.7
States should develop and publicize policies covering the allocation of tenure rights to others and, where appropriate, the delegation of responsibilities for tenure governance. Policies for allocation of tenure rights should be consistent with broader social, economic and environmental objectives. Local communities that have traditionally used the land, fisheries and forests should receive due consideration in the reallocation of tenure rights. Policies should take into account the tenure rights of others and anyone who could be affected should be included in the consultation, participation and decision-making processes. Such policies should ensure that the allocation of tenure rights does not threaten the livelihoods of people by depriving them of their legitimate access to these resources.
|
Right to participation |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
18
Indigenous peoples have the right to participate in decision-making in matters which would affect their rights, through representatives chosen by themselves in accordance with their own procedures, as well as to maintain and develop their own indigenous decision-making institutions
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.5
States should determine which of the land, fisheries and forests they own or control will be retained and used by the public sector, and which of these will be allocated for use by others and under what conditions.
|
Right to participation |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
18
Indigenous peoples have the right to participate in decision-making in matters which would affect their rights, through representatives chosen by themselves in accordance with their own procedures, as well as to maintain and develop their own indigenous decision-making institutions
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.7
States should develop and publicize policies covering the allocation of tenure rights to others and, where appropriate, the delegation of responsibilities for tenure governance. Policies for allocation of tenure rights should be consistent with broader social, economic and environmental objectives. Local communities that have traditionally used the land, fisheries and forests should receive due consideration in the reallocation of tenure rights. Policies should take into account the tenure rights of others and anyone who could be affected should be included in the consultation, participation and decision-making processes. Such policies should ensure that the allocation of tenure rights does not threaten the livelihoods of people by depriving them of their legitimate access to these resources.
|
Right to participation |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
19
States shall consult and cooperate in good faith with the indigenous peoples concerned through their own representative institutions in order to obtain their free, prior and informed consent before adopting and implementing legislative or administrative measures that may affect them.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.5
States should determine which of the land, fisheries and forests they own or control will be retained and used by the public sector, and which of these will be allocated for use by others and under what conditions.
|
Right to participation |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
19
States shall consult and cooperate in good faith with the indigenous peoples concerned through their own representative institutions in order to obtain their free, prior and informed consent before adopting and implementing legislative or administrative measures that may affect them.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.7
States should develop and publicize policies covering the allocation of tenure rights to others and, where appropriate, the delegation of responsibilities for tenure governance. Policies for allocation of tenure rights should be consistent with broader social, economic and environmental objectives. Local communities that have traditionally used the land, fisheries and forests should receive due consideration in the reallocation of tenure rights. Policies should take into account the tenure rights of others and anyone who could be affected should be included in the consultation, participation and decision-making processes. Such policies should ensure that the allocation of tenure rights does not threaten the livelihoods of people by depriving them of their legitimate access to these resources.
|
Right to participation |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
32.2
States shall consult and cooperate in good faith with the indigenous peoples concerned through their own representative institutions in order to obtain their free and informed consent prior to the approval of any project affecting their lands or territories and other resources, particularly in connection with the development, utilization or exploitation of mineral, water or other resources.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.5
States should determine which of the land, fisheries and forests they own or control will be retained and used by the public sector, and which of these will be allocated for use by others and under what conditions.
|
Right to participation |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
32.2
States shall consult and cooperate in good faith with the indigenous peoples concerned through their own representative institutions in order to obtain their free and informed consent prior to the approval of any project affecting their lands or territories and other resources, particularly in connection with the development, utilization or exploitation of mineral, water or other resources.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.7
States should develop and publicize policies covering the allocation of tenure rights to others and, where appropriate, the delegation of responsibilities for tenure governance. Policies for allocation of tenure rights should be consistent with broader social, economic and environmental objectives. Local communities that have traditionally used the land, fisheries and forests should receive due consideration in the reallocation of tenure rights. Policies should take into account the tenure rights of others and anyone who could be affected should be included in the consultation, participation and decision-making processes. Such policies should ensure that the allocation of tenure rights does not threaten the livelihoods of people by depriving them of their legitimate access to these resources.
|
Right to participation |
ILO C169
Indigenous and Tribal Peoples Convention, 1989 (no.169) – ILO 169 |
15.2
In cases in which the State retains the ownership of mineral or sub-surface resources or rights to other resources pertaining to lands, governments shall establish or maintain procedures through which they shall consult these peoples, with a view to ascertaining whether and to what degree their interests would be prejudiced, before undertaking or permitting any programmes for the exploration or exploitation of such resources pertaining to their lands. The peoples concerned shall wherever possible participate in the benefits of such activities, and shall receive fair compensation for any damages which they may sustain as a result of such activities.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.5
States should determine which of the land, fisheries and forests they own or control will be retained and used by the public sector, and which of these will be allocated for use by others and under what conditions.
|
Right to participation |
ILO C169
Indigenous and Tribal Peoples Convention, 1989 (no.169) – ILO 169 |
15.2
In cases in which the State retains the ownership of mineral or sub-surface resources or rights to other resources pertaining to lands, governments shall establish or maintain procedures through which they shall consult these peoples, with a view to ascertaining whether and to what degree their interests would be prejudiced, before undertaking or permitting any programmes for the exploration or exploitation of such resources pertaining to their lands. The peoples concerned shall wherever possible participate in the benefits of such activities, and shall receive fair compensation for any damages which they may sustain as a result of such activities.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.7
States should develop and publicize policies covering the allocation of tenure rights to others and, where appropriate, the delegation of responsibilities for tenure governance. Policies for allocation of tenure rights should be consistent with broader social, economic and environmental objectives. Local communities that have traditionally used the land, fisheries and forests should receive due consideration in the reallocation of tenure rights. Policies should take into account the tenure rights of others and anyone who could be affected should be included in the consultation, participation and decision-making processes. Such policies should ensure that the allocation of tenure rights does not threaten the livelihoods of people by depriving them of their legitimate access to these resources.
|
Right to participation |
ILO C169
Indigenous and Tribal Peoples Convention, 1989 (no.169) – ILO 169 |
17.2
The peoples concerned shall be consulted whenever consideration is being given to their capacity to alienate their lands or otherwise transmit their rights outside their own community.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.5
States should determine which of the land, fisheries and forests they own or control will be retained and used by the public sector, and which of these will be allocated for use by others and under what conditions.
|
Right to participation |
ILO C169
Indigenous and Tribal Peoples Convention, 1989 (no.169) – ILO 169 |
17.2
The peoples concerned shall be consulted whenever consideration is being given to their capacity to alienate their lands or otherwise transmit their rights outside their own community.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.7
States should develop and publicize policies covering the allocation of tenure rights to others and, where appropriate, the delegation of responsibilities for tenure governance. Policies for allocation of tenure rights should be consistent with broader social, economic and environmental objectives. Local communities that have traditionally used the land, fisheries and forests should receive due consideration in the reallocation of tenure rights. Policies should take into account the tenure rights of others and anyone who could be affected should be included in the consultation, participation and decision-making processes. Such policies should ensure that the allocation of tenure rights does not threaten the livelihoods of people by depriving them of their legitimate access to these resources.
|
Right to participation |
ILO C169
Indigenous and Tribal Peoples Convention, 1989 (no.169) – ILO 169 |
2
Governments shall have the responsibility for developing, with the participation of the peoples concerned, co-ordinated and systematic action to protect the rights of these peoples and to guarantee respect for their integrity.
2. Such action shall include measures for:
(a) ensuring that members of these peoples benefit on an equal footing from the rights and opportunities which national laws and regulations grant to other members of the population;
(b) promoting the full realisation of the social, economic and cultural rights of these peoples with respect for their social and cultural identity, their customs and traditions and their institutions;
(c) assisting the members of the peoples concerned to eliminate socio-economic gaps that may exist between indigenous and other members of the national community, in a manner compatible with their aspirations and ways of life.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.5
States should determine which of the land, fisheries and forests they own or control will be retained and used by the public sector, and which of these will be allocated for use by others and under what conditions.
|
Right to participation |
ILO C169
Indigenous and Tribal Peoples Convention, 1989 (no.169) – ILO 169 |
2
Governments shall have the responsibility for developing, with the participation of the peoples concerned, co-ordinated and systematic action to protect the rights of these peoples and to guarantee respect for their integrity.
2. Such action shall include measures for:
(a) ensuring that members of these peoples benefit on an equal footing from the rights and opportunities which national laws and regulations grant to other members of the population;
(b) promoting the full realisation of the social, economic and cultural rights of these peoples with respect for their social and cultural identity, their customs and traditions and their institutions;
(c) assisting the members of the peoples concerned to eliminate socio-economic gaps that may exist between indigenous and other members of the national community, in a manner compatible with their aspirations and ways of life.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.7
States should develop and publicize policies covering the allocation of tenure rights to others and, where appropriate, the delegation of responsibilities for tenure governance. Policies for allocation of tenure rights should be consistent with broader social, economic and environmental objectives. Local communities that have traditionally used the land, fisheries and forests should receive due consideration in the reallocation of tenure rights. Policies should take into account the tenure rights of others and anyone who could be affected should be included in the consultation, participation and decision-making processes. Such policies should ensure that the allocation of tenure rights does not threaten the livelihoods of people by depriving them of their legitimate access to these resources.
|
Right to participation |
ILO C169
Indigenous and Tribal Peoples Convention, 1989 (no.169) – ILO 169 |
33
1. The governmental authority responsible for the matters covered in this Convention shall ensure that agencies or other appropriate mechanisms exist to administer the programmes affecting the peoples concerned, and shall ensure that they have the means necessary for the proper fulfilment of the functions assigned to them.
2. These programmes shall include:
(a) the planning, co-ordination, execution and evaluation, in co-operation with the peoples concerned, of the measures provided for in this Convention;
(b) the proposing of legislative and other measures to the competent authorities and supervision of the application of the measures taken, in co-operation with the peoples concerned.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.5
States should determine which of the land, fisheries and forests they own or control will be retained and used by the public sector, and which of these will be allocated for use by others and under what conditions.
|
Right to participation |
ILO C169
Indigenous and Tribal Peoples Convention, 1989 (no.169) – ILO 169 |
33
1. The governmental authority responsible for the matters covered in this Convention shall ensure that agencies or other appropriate mechanisms exist to administer the programmes affecting the peoples concerned, and shall ensure that they have the means necessary for the proper fulfilment of the functions assigned to them.
2. These programmes shall include:
(a) the planning, co-ordination, execution and evaluation, in co-operation with the peoples concerned, of the measures provided for in this Convention;
(b) the proposing of legislative and other measures to the competent authorities and supervision of the application of the measures taken, in co-operation with the peoples concerned.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.7
States should develop and publicize policies covering the allocation of tenure rights to others and, where appropriate, the delegation of responsibilities for tenure governance. Policies for allocation of tenure rights should be consistent with broader social, economic and environmental objectives. Local communities that have traditionally used the land, fisheries and forests should receive due consideration in the reallocation of tenure rights. Policies should take into account the tenure rights of others and anyone who could be affected should be included in the consultation, participation and decision-making processes. Such policies should ensure that the allocation of tenure rights does not threaten the livelihoods of people by depriving them of their legitimate access to these resources.
|
Right to participation |
ILO C169
Indigenous and Tribal Peoples Convention, 1989 (no.169) – ILO 169 |
6
1. In applying the provisions of this Convention, governments shall:
(a) consult the peoples concerned, through appropriate procedures and in particular through their representative institutions, whenever consideration is being given to legislative or administrative measures which may affect them directly;
(b) establish means by which these peoples can freely participate, to at least the same extent as other sectors of the population, at all levels of decision-making in elective institutions and administrative and other bodies responsible for policies and programmes which concern them;
(c) establish means for the full development of these peoples' own institutions and initiatives, and in appropriate cases provide the resources necessary for this purpose.
2. The consultations carried out in application of this Convention shall be undertaken, in good faith and in a form appropriate to the circumstances, with the objective of achieving agreement or consent to the proposed measures.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.5
States should determine which of the land, fisheries and forests they own or control will be retained and used by the public sector, and which of these will be allocated for use by others and under what conditions.
|
Right to participation |
ILO C169
Indigenous and Tribal Peoples Convention, 1989 (no.169) – ILO 169 |
6
1. In applying the provisions of this Convention, governments shall:
(a) consult the peoples concerned, through appropriate procedures and in particular through their representative institutions, whenever consideration is being given to legislative or administrative measures which may affect them directly;
(b) establish means by which these peoples can freely participate, to at least the same extent as other sectors of the population, at all levels of decision-making in elective institutions and administrative and other bodies responsible for policies and programmes which concern them;
(c) establish means for the full development of these peoples' own institutions and initiatives, and in appropriate cases provide the resources necessary for this purpose.
2. The consultations carried out in application of this Convention shall be undertaken, in good faith and in a form appropriate to the circumstances, with the objective of achieving agreement or consent to the proposed measures.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.7
States should develop and publicize policies covering the allocation of tenure rights to others and, where appropriate, the delegation of responsibilities for tenure governance. Policies for allocation of tenure rights should be consistent with broader social, economic and environmental objectives. Local communities that have traditionally used the land, fisheries and forests should receive due consideration in the reallocation of tenure rights. Policies should take into account the tenure rights of others and anyone who could be affected should be included in the consultation, participation and decision-making processes. Such policies should ensure that the allocation of tenure rights does not threaten the livelihoods of people by depriving them of their legitimate access to these resources.
|
Right to participation |
ILO C169
Indigenous and Tribal Peoples Convention, 1989 (no.169) – ILO 169 |
7.1
The peoples concerned shall have the right to decide their own priorities for the process of development as it affects their lives, beliefs, institutions and spiritual well-being and the lands they occupy or otherwise use, and to exercise control, to the extent possible, over their own economic, social and cultural development. In addition, they shall participate in the formulation, implementation and evaluation of plans and programmes for national and regional development which may affect them directly.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.5
States should determine which of the land, fisheries and forests they own or control will be retained and used by the public sector, and which of these will be allocated for use by others and under what conditions.
|
Right to participation |
ILO C169
Indigenous and Tribal Peoples Convention, 1989 (no.169) – ILO 169 |
7.1
The peoples concerned shall have the right to decide their own priorities for the process of development as it affects their lives, beliefs, institutions and spiritual well-being and the lands they occupy or otherwise use, and to exercise control, to the extent possible, over their own economic, social and cultural development. In addition, they shall participate in the formulation, implementation and evaluation of plans and programmes for national and regional development which may affect them directly.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.7
States should develop and publicize policies covering the allocation of tenure rights to others and, where appropriate, the delegation of responsibilities for tenure governance. Policies for allocation of tenure rights should be consistent with broader social, economic and environmental objectives. Local communities that have traditionally used the land, fisheries and forests should receive due consideration in the reallocation of tenure rights. Policies should take into account the tenure rights of others and anyone who could be affected should be included in the consultation, participation and decision-making processes. Such policies should ensure that the allocation of tenure rights does not threaten the livelihoods of people by depriving them of their legitimate access to these resources.
|
Right to participation |
Aarhus Convention
Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters |
8
Each Party shall strive to promote effective public participation at an appropriate stage, and while options are still open, during the preparation by public authorities of executive regulations and other generally applicable legally binding rules that may have a significant effect on the environment.
To this end, the following steps should be taken:
(a) Time-frames sufficient for effective participation should be fixed;
(b) Draft rules should be published or otherwise made publicly available; and
(c) The public should be given the opportunity to comment, directly or through representative consultative bodies. The result of the public participation shall be taken into account as far as possible.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.5
States should determine which of the land, fisheries and forests they own or control will be retained and used by the public sector, and which of these will be allocated for use by others and under what conditions.
|
Right to participation |
Aarhus Convention
Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters |
8
Each Party shall strive to promote effective public participation at an appropriate stage, and while options are still open, during the preparation by public authorities of executive regulations and other generally applicable legally binding rules that may have a significant effect on the environment.
To this end, the following steps should be taken:
(a) Time-frames sufficient for effective participation should be fixed;
(b) Draft rules should be published or otherwise made publicly available; and
(c) The public should be given the opportunity to comment, directly or through representative consultative bodies. The result of the public participation shall be taken into account as far as possible.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.7
States should develop and publicize policies covering the allocation of tenure rights to others and, where appropriate, the delegation of responsibilities for tenure governance. Policies for allocation of tenure rights should be consistent with broader social, economic and environmental objectives. Local communities that have traditionally used the land, fisheries and forests should receive due consideration in the reallocation of tenure rights. Policies should take into account the tenure rights of others and anyone who could be affected should be included in the consultation, participation and decision-making processes. Such policies should ensure that the allocation of tenure rights does not threaten the livelihoods of people by depriving them of their legitimate access to these resources.
|
Right to participation |
Aarhus Convention
Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters |
1
In order to contribute to the protection of the right of every person of present and future generations to live in an environment adequate to his or her health and well-being, each Party shall guarantee the rights of access to information, public participation in decision-making, and access to justice in environmental matters in accordance with the provisions of this Convention.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.5
States should determine which of the land, fisheries and forests they own or control will be retained and used by the public sector, and which of these will be allocated for use by others and under what conditions.
|
Right to participation |
Aarhus Convention
Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters |
1
In order to contribute to the protection of the right of every person of present and future generations to live in an environment adequate to his or her health and well-being, each Party shall guarantee the rights of access to information, public participation in decision-making, and access to justice in environmental matters in accordance with the provisions of this Convention.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.7
States should develop and publicize policies covering the allocation of tenure rights to others and, where appropriate, the delegation of responsibilities for tenure governance. Policies for allocation of tenure rights should be consistent with broader social, economic and environmental objectives. Local communities that have traditionally used the land, fisheries and forests should receive due consideration in the reallocation of tenure rights. Policies should take into account the tenure rights of others and anyone who could be affected should be included in the consultation, participation and decision-making processes. Such policies should ensure that the allocation of tenure rights does not threaten the livelihoods of people by depriving them of their legitimate access to these resources.
|
Right to participation |
Aarhus Convention
Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters |
3
1. Each Party shall take the necessary legislative, regulatory and other measures, including measures to achieve compatibility between the provisions implementing the information, public participation and access-to-justice provisions in this Convention, as well as proper enforcement measures, to establish and maintain a clear, transparent and consistent framework to implement the provisions of this Convention.
2. Each Party shall endeavour to ensure that officials and authorities assist and provide guidance to the public in seeking access to information, in facilitating participation in decision-making and in seeking access to justice in environmental matters.
3. Each Party shall promote environmental education and environmental awareness among the public, especially on how to obtain access to information, to participate in decision-making and to obtain access to justice in environmental matters.
4. Each Party shall provide for appropriate recognition of and support to associations, organizations or groups promoting environmental protection and ensure that its national legal system is consistent with this obligation.
5. The provisions of this Convention shall not affect the right of a Party to maintain or introduce measures providing for broader access to information, more extensive public participation in decision-making and wider access to justice in environmental matters than required by this Convention.
6. This Convention shall not require any derogation from existing rights of access to information, public participation in decision-making and access to justice in environmental matters.
7. Each Party shall promote the application of the principles of this Convention in international environmental decision-making processes and within the framework of international organizations in matters relating to the environment.
8. Each Party shall ensure that persons exercising their rights in conformity with the provisions of this Convention shall not be penalized, persecuted or harassed in any way for their involvement. This provision shall not affect the powers of national courts to award reasonable costs in judicial proceedings.
9. Within the scope of the relevant provisions of this Convention, the public shall have access to information, have the possibility to participate in decision-making and have access to justice in environmental matters without discrimination as to citizenship, nationality or domicile and, in the case of a legal person, without discrimination as to where it has its registered seat or an effective centre of its activities.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.5
States should determine which of the land, fisheries and forests they own or control will be retained and used by the public sector, and which of these will be allocated for use by others and under what conditions.
|
Right to participation |
Aarhus Convention
Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters |
3
1. Each Party shall take the necessary legislative, regulatory and other measures, including measures to achieve compatibility between the provisions implementing the information, public participation and access-to-justice provisions in this Convention, as well as proper enforcement measures, to establish and maintain a clear, transparent and consistent framework to implement the provisions of this Convention.
2. Each Party shall endeavour to ensure that officials and authorities assist and provide guidance to the public in seeking access to information, in facilitating participation in decision-making and in seeking access to justice in environmental matters.
3. Each Party shall promote environmental education and environmental awareness among the public, especially on how to obtain access to information, to participate in decision-making and to obtain access to justice in environmental matters.
4. Each Party shall provide for appropriate recognition of and support to associations, organizations or groups promoting environmental protection and ensure that its national legal system is consistent with this obligation.
5. The provisions of this Convention shall not affect the right of a Party to maintain or introduce measures providing for broader access to information, more extensive public participation in decision-making and wider access to justice in environmental matters than required by this Convention.
6. This Convention shall not require any derogation from existing rights of access to information, public participation in decision-making and access to justice in environmental matters.
7. Each Party shall promote the application of the principles of this Convention in international environmental decision-making processes and within the framework of international organizations in matters relating to the environment.
8. Each Party shall ensure that persons exercising their rights in conformity with the provisions of this Convention shall not be penalized, persecuted or harassed in any way for their involvement. This provision shall not affect the powers of national courts to award reasonable costs in judicial proceedings.
9. Within the scope of the relevant provisions of this Convention, the public shall have access to information, have the possibility to participate in decision-making and have access to justice in environmental matters without discrimination as to citizenship, nationality or domicile and, in the case of a legal person, without discrimination as to where it has its registered seat or an effective centre of its activities.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.7
States should develop and publicize policies covering the allocation of tenure rights to others and, where appropriate, the delegation of responsibilities for tenure governance. Policies for allocation of tenure rights should be consistent with broader social, economic and environmental objectives. Local communities that have traditionally used the land, fisheries and forests should receive due consideration in the reallocation of tenure rights. Policies should take into account the tenure rights of others and anyone who could be affected should be included in the consultation, participation and decision-making processes. Such policies should ensure that the allocation of tenure rights does not threaten the livelihoods of people by depriving them of their legitimate access to these resources.
|
Right to participation |
Aarhus Convention
Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters |
6
1. Each Party:
(a) Shall apply the provisions of this article with respect to decisions on whether to permit proposed activities listed in annex I;
(b) Shall, in accordance with its national law, also apply the provisions of this article to decisions on proposed activities not listed in annex I which may have a significant effect on the environment. To this end, Parties shall determine whether such a proposed activity is subject to these provisions; and
(c) May decide, on a case-by-case basis if so provided under national law, not to apply the provisions of this article to proposed activities serving national defence purposes, if that Party deems that such application would have an adverse effect on these purposes.
2. The public concerned shall be informed, either by public notice or individually as appropriate, early in an environmental decision-making procedure, and in an adequate, timely and effective manner, inter alia, of:
(a) The proposed activity and the application on which a decision will be taken;
(b) The nature of possible decisions or the draft decision;
(c) The public authority responsible for making the decision;
(d) The envisaged procedure, including, as and when this information can be provided:
(i) The commencement of the procedure;
(ii) The opportunities for the public to participate;
(iii) The time and venue of any envisaged public hearing;
(iv) An indication of the public authority from which relevant information can be obtained and where the relevant information has been deposited for examination by the public;
(v) An indication of the relevant public authority or any other official body to which comments or questions can be submitted and of the time schedule for transmittal of comments or questions; and
(vi) An indication of what environmental information relevant to the proposed activity is available; and
(e) The fact that the activity is subject to a national or transboundary environmental impact assessment procedure.
3. The public participation procedures shall include reasonable time-frames for the different phases, allowing sufficient time for informing the public in accordance with paragraph 2 above and for the public to prepare and participate effectively during the environmental decision-making.
4. Each Party shall provide for early public participation, when all options are open and effective public participation can take place.
5. Each Party should, where appropriate, encourage prospective applicants to identify the public concerned, to enter into discussions, and to provide information regarding the objectives of their application before applying for a permit.
6. Each Party shall require the competent public authorities to give the public concerned access for examination, upon request where so required under national law, free of charge and as soon as it becomes available, to all information relevant to the decision-making referred to in this article that
is available at the time of the public participation procedure, without prejudice to the right of Parties to refuse to disclose certain information in accordance with article 4, paragraphs 3 and 4. The relevant information shall include at least, and without prejudice to the provisions of article 4:
(a) A description of the site and the physical and technical characteristics of the proposed activity, including an estimate of the expected residues and emissions;
(b) A description of the significant effects of the proposed activity on the environment;
(c) A description of the measures envisaged to prevent and/or reduce the effects, including emissions;
(d) A non-technical summary of the above;
(e) An outline of the main alternatives studied by the applicant; and
(f) In accordance with national legislation, the main reports and advice issued to the public authority at the time when the public concerned shall be informed in accordance with paragraph 2 above.
7. Procedures for public participation shall allow the public to submit, in writing or, as appropriate, at a public hearing or inquiry with the applicant, any comments, information, analyses or opinions that it considers relevant to the proposed activity.
8. Each Party shall ensure that in the decision due account is taken of the outcome of the public participation.
9. Each Party shall ensure that, when the decision has been taken by the public authority, the public is promptly informed of the decision in accordance with the appropriate procedures. Each Party shall make accessible to the public the text of the decision along with the reasons and considerations on which the decision is based.
10. Each Party shall ensure that, when a public authority reconsiders or updates the operating conditions for an activity referred to in paragraph 1, the provisions of paragraphs 2 to 9 of this article are applied
mutatis mutandis, and where appropriate.
11. Each Party shall, within the framework of its national law, apply, to the extent feasible and appropriate, provisions of this article to decisions on whether to permit the deliberate release of genetically modified organisms into the environment
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.5
States should determine which of the land, fisheries and forests they own or control will be retained and used by the public sector, and which of these will be allocated for use by others and under what conditions.
|
Right to participation |
Aarhus Convention
Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters |
6
1. Each Party:
(a) Shall apply the provisions of this article with respect to decisions on whether to permit proposed activities listed in annex I;
(b) Shall, in accordance with its national law, also apply the provisions of this article to decisions on proposed activities not listed in annex I which may have a significant effect on the environment. To this end, Parties shall determine whether such a proposed activity is subject to these provisions; and
(c) May decide, on a case-by-case basis if so provided under national law, not to apply the provisions of this article to proposed activities serving national defence purposes, if that Party deems that such application would have an adverse effect on these purposes.
2. The public concerned shall be informed, either by public notice or individually as appropriate, early in an environmental decision-making procedure, and in an adequate, timely and effective manner, inter alia, of:
(a) The proposed activity and the application on which a decision will be taken;
(b) The nature of possible decisions or the draft decision;
(c) The public authority responsible for making the decision;
(d) The envisaged procedure, including, as and when this information can be provided:
(i) The commencement of the procedure;
(ii) The opportunities for the public to participate;
(iii) The time and venue of any envisaged public hearing;
(iv) An indication of the public authority from which relevant information can be obtained and where the relevant information has been deposited for examination by the public;
(v) An indication of the relevant public authority or any other official body to which comments or questions can be submitted and of the time schedule for transmittal of comments or questions; and
(vi) An indication of what environmental information relevant to the proposed activity is available; and
(e) The fact that the activity is subject to a national or transboundary environmental impact assessment procedure.
3. The public participation procedures shall include reasonable time-frames for the different phases, allowing sufficient time for informing the public in accordance with paragraph 2 above and for the public to prepare and participate effectively during the environmental decision-making.
4. Each Party shall provide for early public participation, when all options are open and effective public participation can take place.
5. Each Party should, where appropriate, encourage prospective applicants to identify the public concerned, to enter into discussions, and to provide information regarding the objectives of their application before applying for a permit.
6. Each Party shall require the competent public authorities to give the public concerned access for examination, upon request where so required under national law, free of charge and as soon as it becomes available, to all information relevant to the decision-making referred to in this article that
is available at the time of the public participation procedure, without prejudice to the right of Parties to refuse to disclose certain information in accordance with article 4, paragraphs 3 and 4. The relevant information shall include at least, and without prejudice to the provisions of article 4:
(a) A description of the site and the physical and technical characteristics of the proposed activity, including an estimate of the expected residues and emissions;
(b) A description of the significant effects of the proposed activity on the environment;
(c) A description of the measures envisaged to prevent and/or reduce the effects, including emissions;
(d) A non-technical summary of the above;
(e) An outline of the main alternatives studied by the applicant; and
(f) In accordance with national legislation, the main reports and advice issued to the public authority at the time when the public concerned shall be informed in accordance with paragraph 2 above.
7. Procedures for public participation shall allow the public to submit, in writing or, as appropriate, at a public hearing or inquiry with the applicant, any comments, information, analyses or opinions that it considers relevant to the proposed activity.
8. Each Party shall ensure that in the decision due account is taken of the outcome of the public participation.
9. Each Party shall ensure that, when the decision has been taken by the public authority, the public is promptly informed of the decision in accordance with the appropriate procedures. Each Party shall make accessible to the public the text of the decision along with the reasons and considerations on which the decision is based.
10. Each Party shall ensure that, when a public authority reconsiders or updates the operating conditions for an activity referred to in paragraph 1, the provisions of paragraphs 2 to 9 of this article are applied
mutatis mutandis, and where appropriate.
11. Each Party shall, within the framework of its national law, apply, to the extent feasible and appropriate, provisions of this article to decisions on whether to permit the deliberate release of genetically modified organisms into the environment
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.7
States should develop and publicize policies covering the allocation of tenure rights to others and, where appropriate, the delegation of responsibilities for tenure governance. Policies for allocation of tenure rights should be consistent with broader social, economic and environmental objectives. Local communities that have traditionally used the land, fisheries and forests should receive due consideration in the reallocation of tenure rights. Policies should take into account the tenure rights of others and anyone who could be affected should be included in the consultation, participation and decision-making processes. Such policies should ensure that the allocation of tenure rights does not threaten the livelihoods of people by depriving them of their legitimate access to these resources.
|
Right to participation |
Aarhus Convention
Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters |
7
Each Party shall make appropriate practical and/or other provisions for the public to participate during the preparation of plans and programmes relating to the environment, within a transparent and fair framework, having provided the necessary information to the public. Within this framework, article 6, paragraphs 3, 4 and 8, shall be applied. The public which may participate shall be identified by the relevant public authority, taking into account the objectives of this Convention. To the extent appropriate, each Party shall endeavour to provide opportunities for public participation in the preparation of policies relating to the environment.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.5
States should determine which of the land, fisheries and forests they own or control will be retained and used by the public sector, and which of these will be allocated for use by others and under what conditions.
|
Right to participation |
Aarhus Convention
Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters |
7
Each Party shall make appropriate practical and/or other provisions for the public to participate during the preparation of plans and programmes relating to the environment, within a transparent and fair framework, having provided the necessary information to the public. Within this framework, article 6, paragraphs 3, 4 and 8, shall be applied. The public which may participate shall be identified by the relevant public authority, taking into account the objectives of this Convention. To the extent appropriate, each Party shall endeavour to provide opportunities for public participation in the preparation of policies relating to the environment.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.7
States should develop and publicize policies covering the allocation of tenure rights to others and, where appropriate, the delegation of responsibilities for tenure governance. Policies for allocation of tenure rights should be consistent with broader social, economic and environmental objectives. Local communities that have traditionally used the land, fisheries and forests should receive due consideration in the reallocation of tenure rights. Policies should take into account the tenure rights of others and anyone who could be affected should be included in the consultation, participation and decision-making processes. Such policies should ensure that the allocation of tenure rights does not threaten the livelihoods of people by depriving them of their legitimate access to these resources.
|
Right to participation |
ADRDM
American Declaration on the Rights and Duties of Man |
XX
Every person having legal capacity is entitled to participate in the government of his country, directly or through his representatives, and to take part in popular elections, which shall be by secret ballot, and shall be honest, periodic and free.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.5
States should determine which of the land, fisheries and forests they own or control will be retained and used by the public sector, and which of these will be allocated for use by others and under what conditions.
|
Right to participation |
ADRDM
American Declaration on the Rights and Duties of Man |
XX
Every person having legal capacity is entitled to participate in the government of his country, directly or through his representatives, and to take part in popular elections, which shall be by secret ballot, and shall be honest, periodic and free.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.7
States should develop and publicize policies covering the allocation of tenure rights to others and, where appropriate, the delegation of responsibilities for tenure governance. Policies for allocation of tenure rights should be consistent with broader social, economic and environmental objectives. Local communities that have traditionally used the land, fisheries and forests should receive due consideration in the reallocation of tenure rights. Policies should take into account the tenure rights of others and anyone who could be affected should be included in the consultation, participation and decision-making processes. Such policies should ensure that the allocation of tenure rights does not threaten the livelihoods of people by depriving them of their legitimate access to these resources.
|
Right to participation |
ACHR
American Convention on Human Rights |
23
1. Every citizen shall enjoy the following rights and opportunities:
a. to take part in the conduct of public affairs, directly or through freely chosen representatives;
b. to vote and to be elected in genuine periodic elections, which shall be by universal and equal suffrage and by secret ballot that guarantees the free expression of the will of the voters; and
c. to have access, under general conditions of equality, to the public service of his country.
2. The law may regulate the exercise of the rights and opportunities referred to in the preceding paragraph only on the basis of age, nationality, residence, language, education, civil and mental capacity, or sentencing by a competent court in criminal proceedings.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.5
States should determine which of the land, fisheries and forests they own or control will be retained and used by the public sector, and which of these will be allocated for use by others and under what conditions.
|
Right to participation |
ACHR
American Convention on Human Rights |
23
1. Every citizen shall enjoy the following rights and opportunities:
a. to take part in the conduct of public affairs, directly or through freely chosen representatives;
b. to vote and to be elected in genuine periodic elections, which shall be by universal and equal suffrage and by secret ballot that guarantees the free expression of the will of the voters; and
c. to have access, under general conditions of equality, to the public service of his country.
2. The law may regulate the exercise of the rights and opportunities referred to in the preceding paragraph only on the basis of age, nationality, residence, language, education, civil and mental capacity, or sentencing by a competent court in criminal proceedings.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.7
States should develop and publicize policies covering the allocation of tenure rights to others and, where appropriate, the delegation of responsibilities for tenure governance. Policies for allocation of tenure rights should be consistent with broader social, economic and environmental objectives. Local communities that have traditionally used the land, fisheries and forests should receive due consideration in the reallocation of tenure rights. Policies should take into account the tenure rights of others and anyone who could be affected should be included in the consultation, participation and decision-making processes. Such policies should ensure that the allocation of tenure rights does not threaten the livelihoods of people by depriving them of their legitimate access to these resources.
|
Right to participation |
Convention of Belem do Para
Inter-American Convention on the Prevention, Punishment and Eradication of Violence Against Women (Convention of Belem do Para) |
4j
Every woman has the right to the recognition, enjoyment, exercise and protection of all human rights and freedoms embodied in regional and international human rights instruments. These rights include, among others:
j. The right to have equal access to the public service of her country and to take part in the conduct of public affairs, including decision-making.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.5
States should determine which of the land, fisheries and forests they own or control will be retained and used by the public sector, and which of these will be allocated for use by others and under what conditions.
|
Right to participation |
Convention of Belem do Para
Inter-American Convention on the Prevention, Punishment and Eradication of Violence Against Women (Convention of Belem do Para) |
4j
Every woman has the right to the recognition, enjoyment, exercise and protection of all human rights and freedoms embodied in regional and international human rights instruments. These rights include, among others:
j. The right to have equal access to the public service of her country and to take part in the conduct of public affairs, including decision-making.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.7
States should develop and publicize policies covering the allocation of tenure rights to others and, where appropriate, the delegation of responsibilities for tenure governance. Policies for allocation of tenure rights should be consistent with broader social, economic and environmental objectives. Local communities that have traditionally used the land, fisheries and forests should receive due consideration in the reallocation of tenure rights. Policies should take into account the tenure rights of others and anyone who could be affected should be included in the consultation, participation and decision-making processes. Such policies should ensure that the allocation of tenure rights does not threaten the livelihoods of people by depriving them of their legitimate access to these resources.
|
Right to participation |
Escazu Agreement
Regional Agreement on Access to Information, Public Participation and Justice in Environmental Matters in Latin America and the Caribbean |
1
The objective of the present Agreement is to guarantee the full and effective implementation in Latin America and the Caribbean of the rights of access to environmental information, public participation in the environmental decision-making process and access to justice in environmental matters, and the creation and strengthening of capacities and cooperation, contributing to the protection of the right of every person of present and future generations to live in a healthy environment and to sustainable development.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.5
States should determine which of the land, fisheries and forests they own or control will be retained and used by the public sector, and which of these will be allocated for use by others and under what conditions.
|
Right to participation |
Escazu Agreement
Regional Agreement on Access to Information, Public Participation and Justice in Environmental Matters in Latin America and the Caribbean |
1
The objective of the present Agreement is to guarantee the full and effective implementation in Latin America and the Caribbean of the rights of access to environmental information, public participation in the environmental decision-making process and access to justice in environmental matters, and the creation and strengthening of capacities and cooperation, contributing to the protection of the right of every person of present and future generations to live in a healthy environment and to sustainable development.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.7
States should develop and publicize policies covering the allocation of tenure rights to others and, where appropriate, the delegation of responsibilities for tenure governance. Policies for allocation of tenure rights should be consistent with broader social, economic and environmental objectives. Local communities that have traditionally used the land, fisheries and forests should receive due consideration in the reallocation of tenure rights. Policies should take into account the tenure rights of others and anyone who could be affected should be included in the consultation, participation and decision-making processes. Such policies should ensure that the allocation of tenure rights does not threaten the livelihoods of people by depriving them of their legitimate access to these resources.
|
Right to participation |
Escazu Agreement
Regional Agreement on Access to Information, Public Participation and Justice in Environmental Matters in Latin America and the Caribbean |
3.a - d
Each Party shall be guided by the following principles in implementing the present Agreement:
(a) Principle of equality and principle of non-discrimination;
(b) Principle of transparency and principle of accountability;
(c) Principle of non-regression and principle of progressive
realization;
(d) Principle of good faith;
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.5
States should determine which of the land, fisheries and forests they own or control will be retained and used by the public sector, and which of these will be allocated for use by others and under what conditions.
|
Right to participation |
Escazu Agreement
Regional Agreement on Access to Information, Public Participation and Justice in Environmental Matters in Latin America and the Caribbean |
3.a - d
Each Party shall be guided by the following principles in implementing the present Agreement:
(a) Principle of equality and principle of non-discrimination;
(b) Principle of transparency and principle of accountability;
(c) Principle of non-regression and principle of progressive
realization;
(d) Principle of good faith;
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.7
States should develop and publicize policies covering the allocation of tenure rights to others and, where appropriate, the delegation of responsibilities for tenure governance. Policies for allocation of tenure rights should be consistent with broader social, economic and environmental objectives. Local communities that have traditionally used the land, fisheries and forests should receive due consideration in the reallocation of tenure rights. Policies should take into account the tenure rights of others and anyone who could be affected should be included in the consultation, participation and decision-making processes. Such policies should ensure that the allocation of tenure rights does not threaten the livelihoods of people by depriving them of their legitimate access to these resources.
|
Right to participation |
Escazu Agreement
Regional Agreement on Access to Information, Public Participation and Justice in Environmental Matters in Latin America and the Caribbean |
4,7
No provision in the present Agreement shall limit or repeal other more favourable rights and guarantees set forth, at present or in the future, in the legislation of a State Party or in any other international agreement to which a State is party, or prevent
a State Party from granting broader access to environmental information, public participation in the environmental decisionmaking process and justice in environmental matters.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.5
States should determine which of the land, fisheries and forests they own or control will be retained and used by the public sector, and which of these will be allocated for use by others and under what conditions.
|
Right to participation |
Escazu Agreement
Regional Agreement on Access to Information, Public Participation and Justice in Environmental Matters in Latin America and the Caribbean |
4,7
No provision in the present Agreement shall limit or repeal other more favourable rights and guarantees set forth, at present or in the future, in the legislation of a State Party or in any other international agreement to which a State is party, or prevent
a State Party from granting broader access to environmental information, public participation in the environmental decisionmaking process and justice in environmental matters.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.7
States should develop and publicize policies covering the allocation of tenure rights to others and, where appropriate, the delegation of responsibilities for tenure governance. Policies for allocation of tenure rights should be consistent with broader social, economic and environmental objectives. Local communities that have traditionally used the land, fisheries and forests should receive due consideration in the reallocation of tenure rights. Policies should take into account the tenure rights of others and anyone who could be affected should be included in the consultation, participation and decision-making processes. Such policies should ensure that the allocation of tenure rights does not threaten the livelihoods of people by depriving them of their legitimate access to these resources.
|
Right to participation |
Escazu Agreement
Regional Agreement on Access to Information, Public Participation and Justice in Environmental Matters in Latin America and the Caribbean |
7
1. Each Party shall ensure the public’s right to participation and, for that purpose, commits to implement open and inclusive participation in environmental decision-making processes based on domestic and international normative frameworks.
2. Each Party shall guarantee mechanisms for the participation of the public in decision-making processes, revisions, reexaminations or updates with respect to projects and activities, and in other processes for granting environmental permits that have or may have a significant impact on the environment, including when they may affect health.
3. Each Party shall promote the participation of the public in decision-making processes, revisions, re-examinations or updates other than those referred to in paragraph 2 of the present article with respect to environmental matters of public interest, such as land-use planning, policies, strategies, plans, programmes, rules and regulations, which have or may have
a significant impact on the environment.
4. Each Party shall adopt measures to ensure that the public can participate in the decision-making process from the early stages, so that due consideration can be given to the observations of the public, thus contributing to the process. To that effect, each Party shall provide the public with the necessary information in a clear, timely and comprehensive manner, to give effect to its right to participate in the decisionmaking process.
5. The public participation procedure will provide for reasonable timeframes that allow sufficient time to inform the public and for its effective participation.
6. The public shall be informed, through appropriate means, such as in writing, electronically, orally and by customary methods, and in an effective, comprehensible and timely manner, as a minimum, of the following:
(a) the type or nature of the environmental decision under consideration and, where appropriate, in non-technical language;
(b) the authority responsible for making the decision and other authorities and bodies involved;
(c) the procedure foreseen for the participation of the public, including the date on which the procedure will begin and end, mechanisms for participation and, where applicable, the date and place of any public consultation or hearing; and
(d) the public authorities involved from which additional information on the environmental decision under consideration can be requested and the procedure for requesting information.
7. The public’s right to participate in environmental decisionmaking processes shall include the opportunity to present observations through appropriate means available, according to the circumstances of the process. Before adopting the decision, the relevant public authority shall give due consideration to the outcome of the participation process.
8. Each Party shall ensure that, once a decision has been made, the public is informed in a timely manner thereof and of the grounds and reasons underlying the decision, including how the observations of the public have been taken into consideration. The decision and its basis shall be made public and be accessible.
9. The dissemination of the decisions resulting from environmental impact assessments and other environmental decision-making processes in which the public has participated shall be carried out through appropriate means, which may include written, electronic or oral means and customary methods, in an effective and prompt manner. The information disseminated shall include the established procedure to allow the public to take the relevant administrative and judicial actions.
10. Each Party shall establish conditions that are favourable to public participation in environmental decision-making processes and that are adapted to the social, economic, cultural, geographical and gender characteristics of the public.
11. When the primary language of the directly affected public is different to the official languages, the public authority shall ensure that means are provided to facilitate their understanding and participation.
12. Each Party shall promote, where appropriate and in accordance with domestic legislation, public participation in international forums and negotiations on environmental matters or with an environmental impact, in accordance with the procedural rules on participation of each forum. The participation of the public at the national level on matters of international environmental forums shall also be promoted, where appropriate.
13. Each Party shall encourage the establishment of appropriate spaces for consultation on environmental matters or the use of those that are already in existence in which various groups and sectors are able to participate. Each Party shall promote regard for local knowledge, dialogue and interaction of different views and knowledge, where appropriate.
14. The public authorities shall make efforts to identify and support persons or groups in vulnerable situations in order
to engage them in an active, timely and effective manner in participation mechanisms. For these purposes, appropriate means and formats will be considered, in order to eliminate barriers to participation.
15. In the implementation of the present Agreement, each Party shall guarantee that its domestic legislation and international obligations in relation to the rights of indigenous peoples and local communities are observed.
16. The public authority shall make efforts to identify the public directly affected by the projects or activities that have or may have a significant impact on the environment and shall promote specific actions to facilitate their participation.
17. With respect to the environmental decision-making processes referred to in paragraph 2 of the present article, as a minimum, the following information shall be made public:
(a) a description of the area of influence and physical and technical characteristics of the proposed project or activity;
(b) a description of the main environmental impacts of the project or activity and, as appropriate, the cumulative environmental impact;
(c) a description of the measures foreseen with respect to those impacts;
(d) a summary of (a), (b) and (c) of the present paragraph in comprehensible, non-technical language;
(e) the public reports and opinions of the involved entities addressed to the public authority related to the project or activity under consideration;
(f) a description of the available technologies to be used and alternative locations for executing the project or activity subject to assessment, when the information is available; and
(g) actions taken to monitor the implementation and results of environmental impact assessment measures.The aforementioned information shall be made available free of charge to the public in accordance with paragraph 17 of article 5 of the present Agreement.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.5
States should determine which of the land, fisheries and forests they own or control will be retained and used by the public sector, and which of these will be allocated for use by others and under what conditions.
|
Right to participation |
Escazu Agreement
Regional Agreement on Access to Information, Public Participation and Justice in Environmental Matters in Latin America and the Caribbean |
7
1. Each Party shall ensure the public’s right to participation and, for that purpose, commits to implement open and inclusive participation in environmental decision-making processes based on domestic and international normative frameworks.
2. Each Party shall guarantee mechanisms for the participation of the public in decision-making processes, revisions, reexaminations or updates with respect to projects and activities, and in other processes for granting environmental permits that have or may have a significant impact on the environment, including when they may affect health.
3. Each Party shall promote the participation of the public in decision-making processes, revisions, re-examinations or updates other than those referred to in paragraph 2 of the present article with respect to environmental matters of public interest, such as land-use planning, policies, strategies, plans, programmes, rules and regulations, which have or may have
a significant impact on the environment.
4. Each Party shall adopt measures to ensure that the public can participate in the decision-making process from the early stages, so that due consideration can be given to the observations of the public, thus contributing to the process. To that effect, each Party shall provide the public with the necessary information in a clear, timely and comprehensive manner, to give effect to its right to participate in the decisionmaking process.
5. The public participation procedure will provide for reasonable timeframes that allow sufficient time to inform the public and for its effective participation.
6. The public shall be informed, through appropriate means, such as in writing, electronically, orally and by customary methods, and in an effective, comprehensible and timely manner, as a minimum, of the following:
(a) the type or nature of the environmental decision under consideration and, where appropriate, in non-technical language;
(b) the authority responsible for making the decision and other authorities and bodies involved;
(c) the procedure foreseen for the participation of the public, including the date on which the procedure will begin and end, mechanisms for participation and, where applicable, the date and place of any public consultation or hearing; and
(d) the public authorities involved from which additional information on the environmental decision under consideration can be requested and the procedure for requesting information.
7. The public’s right to participate in environmental decisionmaking processes shall include the opportunity to present observations through appropriate means available, according to the circumstances of the process. Before adopting the decision, the relevant public authority shall give due consideration to the outcome of the participation process.
8. Each Party shall ensure that, once a decision has been made, the public is informed in a timely manner thereof and of the grounds and reasons underlying the decision, including how the observations of the public have been taken into consideration. The decision and its basis shall be made public and be accessible.
9. The dissemination of the decisions resulting from environmental impact assessments and other environmental decision-making processes in which the public has participated shall be carried out through appropriate means, which may include written, electronic or oral means and customary methods, in an effective and prompt manner. The information disseminated shall include the established procedure to allow the public to take the relevant administrative and judicial actions.
10. Each Party shall establish conditions that are favourable to public participation in environmental decision-making processes and that are adapted to the social, economic, cultural, geographical and gender characteristics of the public.
11. When the primary language of the directly affected public is different to the official languages, the public authority shall ensure that means are provided to facilitate their understanding and participation.
12. Each Party shall promote, where appropriate and in accordance with domestic legislation, public participation in international forums and negotiations on environmental matters or with an environmental impact, in accordance with the procedural rules on participation of each forum. The participation of the public at the national level on matters of international environmental forums shall also be promoted, where appropriate.
13. Each Party shall encourage the establishment of appropriate spaces for consultation on environmental matters or the use of those that are already in existence in which various groups and sectors are able to participate. Each Party shall promote regard for local knowledge, dialogue and interaction of different views and knowledge, where appropriate.
14. The public authorities shall make efforts to identify and support persons or groups in vulnerable situations in order
to engage them in an active, timely and effective manner in participation mechanisms. For these purposes, appropriate means and formats will be considered, in order to eliminate barriers to participation.
15. In the implementation of the present Agreement, each Party shall guarantee that its domestic legislation and international obligations in relation to the rights of indigenous peoples and local communities are observed.
16. The public authority shall make efforts to identify the public directly affected by the projects or activities that have or may have a significant impact on the environment and shall promote specific actions to facilitate their participation.
17. With respect to the environmental decision-making processes referred to in paragraph 2 of the present article, as a minimum, the following information shall be made public:
(a) a description of the area of influence and physical and technical characteristics of the proposed project or activity;
(b) a description of the main environmental impacts of the project or activity and, as appropriate, the cumulative environmental impact;
(c) a description of the measures foreseen with respect to those impacts;
(d) a summary of (a), (b) and (c) of the present paragraph in comprehensible, non-technical language;
(e) the public reports and opinions of the involved entities addressed to the public authority related to the project or activity under consideration;
(f) a description of the available technologies to be used and alternative locations for executing the project or activity subject to assessment, when the information is available; and
(g) actions taken to monitor the implementation and results of environmental impact assessment measures.The aforementioned information shall be made available free of charge to the public in accordance with paragraph 17 of article 5 of the present Agreement.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.7
States should develop and publicize policies covering the allocation of tenure rights to others and, where appropriate, the delegation of responsibilities for tenure governance. Policies for allocation of tenure rights should be consistent with broader social, economic and environmental objectives. Local communities that have traditionally used the land, fisheries and forests should receive due consideration in the reallocation of tenure rights. Policies should take into account the tenure rights of others and anyone who could be affected should be included in the consultation, participation and decision-making processes. Such policies should ensure that the allocation of tenure rights does not threaten the livelihoods of people by depriving them of their legitimate access to these resources.
|
Right to participation |
ACHPR
African Charter on Human and Peoples' Rights |
13
Every citizen shall have the right to participate freely in the government of his country, either directly or through freely chosen representatives in accordance with the provisions of the law.
Every citizen shall have the right of equal access to the public service of the country.
Every individual shall have the right of access to public property and services in strict equality of all persons before the law.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.5
States should determine which of the land, fisheries and forests they own or control will be retained and used by the public sector, and which of these will be allocated for use by others and under what conditions.
|
Right to participation |
ACHPR
African Charter on Human and Peoples' Rights |
13
Every citizen shall have the right to participate freely in the government of his country, either directly or through freely chosen representatives in accordance with the provisions of the law.
Every citizen shall have the right of equal access to the public service of the country.
Every individual shall have the right of access to public property and services in strict equality of all persons before the law.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.7
States should develop and publicize policies covering the allocation of tenure rights to others and, where appropriate, the delegation of responsibilities for tenure governance. Policies for allocation of tenure rights should be consistent with broader social, economic and environmental objectives. Local communities that have traditionally used the land, fisheries and forests should receive due consideration in the reallocation of tenure rights. Policies should take into account the tenure rights of others and anyone who could be affected should be included in the consultation, participation and decision-making processes. Such policies should ensure that the allocation of tenure rights does not threaten the livelihoods of people by depriving them of their legitimate access to these resources.
|
Right to participation |
Maputo Protocol
Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa |
IX
1. States Parties shall take specific positive action to promote participative governance and the equal participation of women in the political life of their countries through affirmative action, enabling national legislation and other measures to ensure that:
a) Women participate without any discrimination in all elections;
b) Women are represented equally at all levels with men in all electoral processes;
c) Women are equal partners with men at all levels of development and implementation of State policies and
development programmes.
2. States Parties shall ensure increased and effective representation and participation of women at all levels of decision-making.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.5
States should determine which of the land, fisheries and forests they own or control will be retained and used by the public sector, and which of these will be allocated for use by others and under what conditions.
|
Right to participation |
Maputo Protocol
Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa |
IX
1. States Parties shall take specific positive action to promote participative governance and the equal participation of women in the political life of their countries through affirmative action, enabling national legislation and other measures to ensure that:
a) Women participate without any discrimination in all elections;
b) Women are represented equally at all levels with men in all electoral processes;
c) Women are equal partners with men at all levels of development and implementation of State policies and
development programmes.
2. States Parties shall ensure increased and effective representation and participation of women at all levels of decision-making.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.7
States should develop and publicize policies covering the allocation of tenure rights to others and, where appropriate, the delegation of responsibilities for tenure governance. Policies for allocation of tenure rights should be consistent with broader social, economic and environmental objectives. Local communities that have traditionally used the land, fisheries and forests should receive due consideration in the reallocation of tenure rights. Policies should take into account the tenure rights of others and anyone who could be affected should be included in the consultation, participation and decision-making processes. Such policies should ensure that the allocation of tenure rights does not threaten the livelihoods of people by depriving them of their legitimate access to these resources.
|
Right to participation |
Maputo Protocol
Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa |
XIX.b
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:
b) Ensure participation of women at all levels in the conceptualisation, decision-making, implementation and evaluation of development policies and programmes;
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.5
States should determine which of the land, fisheries and forests they own or control will be retained and used by the public sector, and which of these will be allocated for use by others and under what conditions.
|
Right to participation |
Maputo Protocol
Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa |
XIX.b
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:
b) Ensure participation of women at all levels in the conceptualisation, decision-making, implementation and evaluation of development policies and programmes;
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.7
States should develop and publicize policies covering the allocation of tenure rights to others and, where appropriate, the delegation of responsibilities for tenure governance. Policies for allocation of tenure rights should be consistent with broader social, economic and environmental objectives. Local communities that have traditionally used the land, fisheries and forests should receive due consideration in the reallocation of tenure rights. Policies should take into account the tenure rights of others and anyone who could be affected should be included in the consultation, participation and decision-making processes. Such policies should ensure that the allocation of tenure rights does not threaten the livelihoods of people by depriving them of their legitimate access to these resources.
|
Right to participation |
ADHR
ASEAN Declaration on Human Rights |
25,1
Every person who is a citizen of his or her country has the right to participate in the government of his or her country, either directly or indirectly through democratically elected representatives, in accordance with national law.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.5
States should determine which of the land, fisheries and forests they own or control will be retained and used by the public sector, and which of these will be allocated for use by others and under what conditions.
|
Right to participation |
ADHR
ASEAN Declaration on Human Rights |
25,1
Every person who is a citizen of his or her country has the right to participate in the government of his or her country, either directly or indirectly through democratically elected representatives, in accordance with national law.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.7
States should develop and publicize policies covering the allocation of tenure rights to others and, where appropriate, the delegation of responsibilities for tenure governance. Policies for allocation of tenure rights should be consistent with broader social, economic and environmental objectives. Local communities that have traditionally used the land, fisheries and forests should receive due consideration in the reallocation of tenure rights. Policies should take into account the tenure rights of others and anyone who could be affected should be included in the consultation, participation and decision-making processes. Such policies should ensure that the allocation of tenure rights does not threaten the livelihoods of people by depriving them of their legitimate access to these resources.
|
Right to participation |
CIADDIS
Inter-American Convention on the Elimination of All Forms of Discrimination against Persons with Disabilities |
V.1
To the extent that it is consistent with their respective internal laws, the states parties shall promote participation by representatives of organizations of persons with disabilities, nongovernmental organizations working in this area, or, if such organizations do not exist, persons with disabilities, in the development, execution, and evaluation of measures and policies to implement this Convention.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.5
States should determine which of the land, fisheries and forests they own or control will be retained and used by the public sector, and which of these will be allocated for use by others and under what conditions.
|
Right to participation |
CIADDIS
Inter-American Convention on the Elimination of All Forms of Discrimination against Persons with Disabilities |
V.1
To the extent that it is consistent with their respective internal laws, the states parties shall promote participation by representatives of organizations of persons with disabilities, nongovernmental organizations working in this area, or, if such organizations do not exist, persons with disabilities, in the development, execution, and evaluation of measures and policies to implement this Convention.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.7
States should develop and publicize policies covering the allocation of tenure rights to others and, where appropriate, the delegation of responsibilities for tenure governance. Policies for allocation of tenure rights should be consistent with broader social, economic and environmental objectives. Local communities that have traditionally used the land, fisheries and forests should receive due consideration in the reallocation of tenure rights. Policies should take into account the tenure rights of others and anyone who could be affected should be included in the consultation, participation and decision-making processes. Such policies should ensure that the allocation of tenure rights does not threaten the livelihoods of people by depriving them of their legitimate access to these resources.
|
Right to participation |
UNDHRD
UN Declaration on Human Rights Defenders |
8
1. Everyone has the right, individually and in association with others, to have effective access, on a non discriminatory basis, to participation in the government of his or her country and in the conduct of public affairs.
2. This includes, inter alia, the right, individually and in association with others, to submit to governmental bodies and agencies and organizations concerned with public affairs criticism and proposals for improving their functioning and to draw attention to any aspect of their work that may hinder or impede the promotion, protection and realization of human rights and fundamental freedoms.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.5
States should determine which of the land, fisheries and forests they own or control will be retained and used by the public sector, and which of these will be allocated for use by others and under what conditions.
|
Right to participation |
UNDHRD
UN Declaration on Human Rights Defenders |
8
1. Everyone has the right, individually and in association with others, to have effective access, on a non discriminatory basis, to participation in the government of his or her country and in the conduct of public affairs.
2. This includes, inter alia, the right, individually and in association with others, to submit to governmental bodies and agencies and organizations concerned with public affairs criticism and proposals for improving their functioning and to draw attention to any aspect of their work that may hinder or impede the promotion, protection and realization of human rights and fundamental freedoms.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.7
States should develop and publicize policies covering the allocation of tenure rights to others and, where appropriate, the delegation of responsibilities for tenure governance. Policies for allocation of tenure rights should be consistent with broader social, economic and environmental objectives. Local communities that have traditionally used the land, fisheries and forests should receive due consideration in the reallocation of tenure rights. Policies should take into account the tenure rights of others and anyone who could be affected should be included in the consultation, participation and decision-making processes. Such policies should ensure that the allocation of tenure rights does not threaten the livelihoods of people by depriving them of their legitimate access to these resources.
|
Right to participation |
European Framework Convention on Minorities
Council of Europe Framework Convention for the Protection of National Minorities |
15
The Parties shall create the conditions necessary for the effective participation of persons belonging to national minorities in cultural, social and economic life and in public affairs, in particular those affecting them.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.5
States should determine which of the land, fisheries and forests they own or control will be retained and used by the public sector, and which of these will be allocated for use by others and under what conditions.
|
Right to participation |
European Framework Convention on Minorities
Council of Europe Framework Convention for the Protection of National Minorities |
15
The Parties shall create the conditions necessary for the effective participation of persons belonging to national minorities in cultural, social and economic life and in public affairs, in particular those affecting them.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.7
States should develop and publicize policies covering the allocation of tenure rights to others and, where appropriate, the delegation of responsibilities for tenure governance. Policies for allocation of tenure rights should be consistent with broader social, economic and environmental objectives. Local communities that have traditionally used the land, fisheries and forests should receive due consideration in the reallocation of tenure rights. Policies should take into account the tenure rights of others and anyone who could be affected should be included in the consultation, participation and decision-making processes. Such policies should ensure that the allocation of tenure rights does not threaten the livelihoods of people by depriving them of their legitimate access to these resources.
|
Right to property |
UDHR
Universal Declaration of human rights |
17.1
Everyone has the right to own property alone as well as in association with others
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.5
States should determine which of the land, fisheries and forests they own or control will be retained and used by the public sector, and which of these will be allocated for use by others and under what conditions.
|
Right to property |
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.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.5
States should determine which of the land, fisheries and forests they own or control will be retained and used by the public sector, and which of these will be allocated for use by others and under what conditions.
|
Right to property |
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.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.5
States should determine which of the land, fisheries and forests they own or control will be retained and used by the public sector, and which of these will be allocated for use by others and under what conditions.
|
Right to property |
ICEDAW
International Convention on the Elimination of All Forms of Discrimination Against Women |
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.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.5
States should determine which of the land, fisheries and forests they own or control will be retained and used by the public sector, and which of these will be allocated for use by others and under what conditions.
|
Right to 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.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.5
States should determine which of the land, fisheries and forests they own or control will be retained and used by the public sector, and which of these will be allocated for use by others and under what conditions.
|
Right to property |
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.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.5
States should determine which of the land, fisheries and forests they own or control will be retained and used by the public sector, and which of these will be allocated for use by others and under what conditions.
|
Right to property |
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.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.5
States should determine which of the land, fisheries and forests they own or control will be retained and used by the public sector, and which of these will be allocated for use by others and under what conditions.
|
Right to property |
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.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.5
States should determine which of the land, fisheries and forests they own or control will be retained and used by the public sector, and which of these will be allocated for use by others and under what conditions.
|
Right to property |
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.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.5
States should determine which of the land, fisheries and forests they own or control will be retained and used by the public sector, and which of these will be allocated for use by others and under what conditions.
|
Right to property |
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.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.5
States should determine which of the land, fisheries and forests they own or control will be retained and used by the public sector, and which of these will be allocated for use by others and under what conditions.
|
Right to property |
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;
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.5
States should determine which of the land, fisheries and forests they own or control will be retained and used by the public sector, and which of these will be allocated for use by others and under what conditions.
|
Right to property |
Maputo Protocol
Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa |
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.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.5
States should determine which of the land, fisheries and forests they own or control will be retained and used by the public sector, and which of these will be allocated for use by others and under what conditions.
|
Right to property |
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.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.5
States should determine which of the land, fisheries and forests they own or control will be retained and used by the public sector, and which of these will be allocated for use by others and under what conditions.
|
Right to self-determination |
ICCPR
International Covenant on Civil and Political Rights |
1
1. All peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.
2. All peoples may, for their own ends, freely dispose of their natural wealth and resources without prejudice to any obligations arising out of international economic co-operation, based upon the principle of mutual benefit, and international law. In no case may a people be deprived of its own means of subsistence.
3. The States Parties to the present Covenant, including those having responsibility for the administration of Non-Self-Governing and Trust Territories, shall promote the realization of the right of self-determination, and shall respect that right, in conformity with the provisions of the Charter of the United Nations.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.1
Where States own or control land, fisheries and forests, they should determine the use and control of these resources in light of broader social, economic and environmental objectives. They should ensure that all
actions are consistent with their existing obligations under national and international law, and with due regard to voluntary commitments under applicable regional and international instruments
|
Right to self-determination |
ICCPR
International Covenant on Civil and Political Rights |
1
1. All peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.
2. All peoples may, for their own ends, freely dispose of their natural wealth and resources without prejudice to any obligations arising out of international economic co-operation, based upon the principle of mutual benefit, and international law. In no case may a people be deprived of its own means of subsistence.
3. The States Parties to the present Covenant, including those having responsibility for the administration of Non-Self-Governing and Trust Territories, shall promote the realization of the right of self-determination, and shall respect that right, in conformity with the provisions of the Charter of the United Nations.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.7
States should develop and publicize policies covering the allocation of tenure rights to others and, where appropriate, the delegation of responsibilities for tenure governance. Policies for allocation of tenure rights should be consistent with broader social, economic and environmental objectives. Local communities that have traditionally used the land, fisheries and forests should receive due consideration in the reallocation of tenure rights. Policies should take into account the tenure rights of others and anyone who could be affected should be included in the consultation, participation and decision-making processes. Such policies should ensure that the allocation of tenure rights does not threaten the livelihoods of people by depriving them of their legitimate access to these resources.
|
Right to self-determination |
ICESCR
International Covenant of Economic Social and Cultural rights |
1
1. All peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.
2. All peoples may, for their own ends, freely dispose of their natural wealth and resources without prejudice to any obligations arising out of international economic co-operation, based upon the principle of mutual benefit, and international law. In no case may a people be deprived of its own means of subsistence.
3. The States Parties to the present Covenant, including those having responsibility for the administration of Non-Self-Governing and Trust Territories, shall promote the realization of the right of self-determination, and shall respect that right, in conformity with the provisions of the Charter of the United Nations.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.1
Where States own or control land, fisheries and forests, they should determine the use and control of these resources in light of broader social, economic and environmental objectives. They should ensure that all
actions are consistent with their existing obligations under national and international law, and with due regard to voluntary commitments under applicable regional and international instruments
|
Right to self-determination |
ICESCR
International Covenant of Economic Social and Cultural rights |
1
1. All peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.
2. All peoples may, for their own ends, freely dispose of their natural wealth and resources without prejudice to any obligations arising out of international economic co-operation, based upon the principle of mutual benefit, and international law. In no case may a people be deprived of its own means of subsistence.
3. The States Parties to the present Covenant, including those having responsibility for the administration of Non-Self-Governing and Trust Territories, shall promote the realization of the right of self-determination, and shall respect that right, in conformity with the provisions of the Charter of the United Nations.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.7
States should develop and publicize policies covering the allocation of tenure rights to others and, where appropriate, the delegation of responsibilities for tenure governance. Policies for allocation of tenure rights should be consistent with broader social, economic and environmental objectives. Local communities that have traditionally used the land, fisheries and forests should receive due consideration in the reallocation of tenure rights. Policies should take into account the tenure rights of others and anyone who could be affected should be included in the consultation, participation and decision-making processes. Such policies should ensure that the allocation of tenure rights does not threaten the livelihoods of people by depriving them of their legitimate access to these resources.
|
Right to self-determination |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
20
1. Indigenous peoples have the right to maintain and develop their political, economic and social systems or institutions, to be secure in the enjoyment of their own means of subsistence and development, and to engage freely in all their traditional and other economic activities.
2. Indigenous peoples deprived of their means of subsistence and development are entitled to just and fair redress.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.1
Where States own or control land, fisheries and forests, they should determine the use and control of these resources in light of broader social, economic and environmental objectives. They should ensure that all
actions are consistent with their existing obligations under national and international law, and with due regard to voluntary commitments under applicable regional and international instruments
|
Right to self-determination |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
20
1. Indigenous peoples have the right to maintain and develop their political, economic and social systems or institutions, to be secure in the enjoyment of their own means of subsistence and development, and to engage freely in all their traditional and other economic activities.
2. Indigenous peoples deprived of their means of subsistence and development are entitled to just and fair redress.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.7
States should develop and publicize policies covering the allocation of tenure rights to others and, where appropriate, the delegation of responsibilities for tenure governance. Policies for allocation of tenure rights should be consistent with broader social, economic and environmental objectives. Local communities that have traditionally used the land, fisheries and forests should receive due consideration in the reallocation of tenure rights. Policies should take into account the tenure rights of others and anyone who could be affected should be included in the consultation, participation and decision-making processes. Such policies should ensure that the allocation of tenure rights does not threaten the livelihoods of people by depriving them of their legitimate access to these resources.
|
Right to self-determination |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
3
Indigenous peoples have the right to self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.1
Where States own or control land, fisheries and forests, they should determine the use and control of these resources in light of broader social, economic and environmental objectives. They should ensure that all
actions are consistent with their existing obligations under national and international law, and with due regard to voluntary commitments under applicable regional and international instruments
|
Right to self-determination |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
3
Indigenous peoples have the right to self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.7
States should develop and publicize policies covering the allocation of tenure rights to others and, where appropriate, the delegation of responsibilities for tenure governance. Policies for allocation of tenure rights should be consistent with broader social, economic and environmental objectives. Local communities that have traditionally used the land, fisheries and forests should receive due consideration in the reallocation of tenure rights. Policies should take into account the tenure rights of others and anyone who could be affected should be included in the consultation, participation and decision-making processes. Such policies should ensure that the allocation of tenure rights does not threaten the livelihoods of people by depriving them of their legitimate access to these resources.
|
Right to self-determination |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
4
Indigenous peoples, in exercising their right to self-determination, have the right to autonomy or self-government in matters relating to their internal and local affairs, as well as ways and means for financing their autonomous functions
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.1
Where States own or control land, fisheries and forests, they should determine the use and control of these resources in light of broader social, economic and environmental objectives. They should ensure that all
actions are consistent with their existing obligations under national and international law, and with due regard to voluntary commitments under applicable regional and international instruments
|
Right to self-determination |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
4
Indigenous peoples, in exercising their right to self-determination, have the right to autonomy or self-government in matters relating to their internal and local affairs, as well as ways and means for financing their autonomous functions
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.7
States should develop and publicize policies covering the allocation of tenure rights to others and, where appropriate, the delegation of responsibilities for tenure governance. Policies for allocation of tenure rights should be consistent with broader social, economic and environmental objectives. Local communities that have traditionally used the land, fisheries and forests should receive due consideration in the reallocation of tenure rights. Policies should take into account the tenure rights of others and anyone who could be affected should be included in the consultation, participation and decision-making processes. Such policies should ensure that the allocation of tenure rights does not threaten the livelihoods of people by depriving them of their legitimate access to these resources.
|
Right to self-determination |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
5
Indigenous peoples have the right to maintain and strengthen their distinct political, legal, economic, social and cultural institutions, while retaining their right to participate fully, if they so choose, in the political, economic, social and cultural life of the State.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.1
Where States own or control land, fisheries and forests, they should determine the use and control of these resources in light of broader social, economic and environmental objectives. They should ensure that all
actions are consistent with their existing obligations under national and international law, and with due regard to voluntary commitments under applicable regional and international instruments
|
Right to self-determination |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
5
Indigenous peoples have the right to maintain and strengthen their distinct political, legal, economic, social and cultural institutions, while retaining their right to participate fully, if they so choose, in the political, economic, social and cultural life of the State.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.7
States should develop and publicize policies covering the allocation of tenure rights to others and, where appropriate, the delegation of responsibilities for tenure governance. Policies for allocation of tenure rights should be consistent with broader social, economic and environmental objectives. Local communities that have traditionally used the land, fisheries and forests should receive due consideration in the reallocation of tenure rights. Policies should take into account the tenure rights of others and anyone who could be affected should be included in the consultation, participation and decision-making processes. Such policies should ensure that the allocation of tenure rights does not threaten the livelihoods of people by depriving them of their legitimate access to these resources.
|
Right to self-determination |
ACHPR
African Charter on Human and Peoples' Rights |
20
All peoples shall have the right to existence. They shall have the unquestionable and inalienable right to self-determination. They shall freely determine their political status and shall pursue their economic and social development according to the policy they have freely chosen.
Colonized or oppressed peoples shall have the right to free themselves from the bonds of domination by resorting to any means recognized by the international community.
All peoples shall have the right to the assistance of the State Parties to the present Charter in their liberation struggle against foreign domination, be it political, economic or cultural.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.1
Where States own or control land, fisheries and forests, they should determine the use and control of these resources in light of broader social, economic and environmental objectives. They should ensure that all
actions are consistent with their existing obligations under national and international law, and with due regard to voluntary commitments under applicable regional and international instruments
|
Right to self-determination |
ACHPR
African Charter on Human and Peoples' Rights |
20
All peoples shall have the right to existence. They shall have the unquestionable and inalienable right to self-determination. They shall freely determine their political status and shall pursue their economic and social development according to the policy they have freely chosen.
Colonized or oppressed peoples shall have the right to free themselves from the bonds of domination by resorting to any means recognized by the international community.
All peoples shall have the right to the assistance of the State Parties to the present Charter in their liberation struggle against foreign domination, be it political, economic or cultural.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.7
States should develop and publicize policies covering the allocation of tenure rights to others and, where appropriate, the delegation of responsibilities for tenure governance. Policies for allocation of tenure rights should be consistent with broader social, economic and environmental objectives. Local communities that have traditionally used the land, fisheries and forests should receive due consideration in the reallocation of tenure rights. Policies should take into account the tenure rights of others and anyone who could be affected should be included in the consultation, participation and decision-making processes. Such policies should ensure that the allocation of tenure rights does not threaten the livelihoods of people by depriving them of their legitimate access to these resources.
|
Right to self-determination |
ACHPR
African Charter on Human and Peoples' Rights |
21
All peoples shall freely dispose of their wealth and natural resources. This right shall be exercised in the exclusive interest of the people. In no case shall a people be deprived of it
In case of spoilation, the dispossessed people shall have the right to the lawful recovery of its property as well as to an adequate compensation.
The free disposal of wealth and natural resources shall be exercised without prejudice to the obligation of promoting international economic cooperation based on mutual respect, equitable exchange and the principles of international law.
State Parties to the present Charter shall individually and collectively exercise the right to free disposal of their wealth and natural resources with a view to strengthening African Unity and solidarity.
State Parties to the present Charter shall undertake to eliminate all forms of foreign exploitation particularly that practised by international monopolies so as to enable their peoples to fully benefit from the advantages derived from their national resources.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.1
Where States own or control land, fisheries and forests, they should determine the use and control of these resources in light of broader social, economic and environmental objectives. They should ensure that all
actions are consistent with their existing obligations under national and international law, and with due regard to voluntary commitments under applicable regional and international instruments
|
Right to self-determination |
ACHPR
African Charter on Human and Peoples' Rights |
21
All peoples shall freely dispose of their wealth and natural resources. This right shall be exercised in the exclusive interest of the people. In no case shall a people be deprived of it
In case of spoilation, the dispossessed people shall have the right to the lawful recovery of its property as well as to an adequate compensation.
The free disposal of wealth and natural resources shall be exercised without prejudice to the obligation of promoting international economic cooperation based on mutual respect, equitable exchange and the principles of international law.
State Parties to the present Charter shall individually and collectively exercise the right to free disposal of their wealth and natural resources with a view to strengthening African Unity and solidarity.
State Parties to the present Charter shall undertake to eliminate all forms of foreign exploitation particularly that practised by international monopolies so as to enable their peoples to fully benefit from the advantages derived from their national resources.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.7
States should develop and publicize policies covering the allocation of tenure rights to others and, where appropriate, the delegation of responsibilities for tenure governance. Policies for allocation of tenure rights should be consistent with broader social, economic and environmental objectives. Local communities that have traditionally used the land, fisheries and forests should receive due consideration in the reallocation of tenure rights. Policies should take into account the tenure rights of others and anyone who could be affected should be included in the consultation, participation and decision-making processes. Such policies should ensure that the allocation of tenure rights does not threaten the livelihoods of people by depriving them of their legitimate access to these resources.
|
Right to water |
UDHR
Universal Declaration of human rights |
25.1
Everyone has the right to a standard of living adequate for the health and well-being of himself and his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.5
States should determine which of the land, fisheries and forests they own or control will be retained and used by the public sector, and which of these will be allocated for use by others and under what conditions.
|
Right to water |
ICESCR
International Covenant of Economic Social and Cultural rights |
11.1
The States Parties to the present Covenant recognize the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing, and to the continuous improvement of living conditions. The States Parties will take appropriate steps to ensure the realization of this right, recognizing to this effect the essential importance of international cooperation based on free consent
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.5
States should determine which of the land, fisheries and forests they own or control will be retained and used by the public sector, and which of these will be allocated for use by others and under what conditions.
|
Right to water |
ICEDAW
International Convention on the Elimination of All Forms of Discrimination Against Women |
14.2.h
States parties shall take all appropriate measures to eliminate discrimination against women in rural areas in order to ensure, on a basis of equality of men and women, that they participate in and benefit from rural development and, in particular shall ensure to women the right: [..] (h) To enjoy adequate living conditions, particularly in relation to housing, sanitation, electricity and water supply, transport and communications.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.5
States should determine which of the land, fisheries and forests they own or control will be retained and used by the public sector, and which of these will be allocated for use by others and under what conditions.
|
Right to water |
ICRPD
International Convention on the Rights of Persons with Disabilities |
28.1
States Parties recognize the right of persons with disabilities to an adequate standard of living for themselves and their families, including adequate food, clothing and housing, and to the continuous improvement of living conditions, and shall take appropriate steps to safeguard and promote the realization of this right without discrimination on the basis of disability.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.5
States should determine which of the land, fisheries and forests they own or control will be retained and used by the public sector, and which of these will be allocated for use by others and under what conditions.
|
Right to water |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
21
1. Peasants and other people working in rural areas have the human rights to safe and clean drinking water and to sanitation, which are essential for the full enjoyment of life and all human rights and human dignity. These rights include water supply systems and sanitation facilities that are of good quality, affordable and physically accessible, and non-discriminatory and acceptable in cultural and gender terms.
2. Peasants and other people working in rural areas have the right to water for personal and domestic use, farming, fishing and livestock keeping and to securing other water-related livelihoods, ensuring the conservation, restoration and sustainable use of
water. They have the right to equitable access to water and water management systems, and to be free from arbitrary disconnections or the contamination of water supplies.
3. States shall respect, protect and ensure access to water, including in customary and community-based water management systems, on a non-discriminatory basis, and shall take measures to guarantee affordable water for personal, domestic and
productive uses, and improved sanitation, in particular for rural women and girls, and persons belonging to disadvantaged or marginalized groups, such as nomadic pastoralists, workers on plantations, all migrants regardless of their migration status, and persons living in irregular or informal settlements. States shall promote appropriate and affordable technologies, including irrigation technology, technologies for the reuse of treated wastewater, and for water collection and storage.
4. States shall protect and restore water-related ecosystems, including mountains, forests, wetlands, rivers, aquifers and lakes, from overuse and contamination by harmful substances, in particular by industrial effluent and concentrated minerals and
chemicals that result in slow and fast poisoning.
5. States shall prevent third parties from impairing the enjoyment of the right to water of peasants and other people working in rural areas. States shall prioritize water for human needs before other uses, promoting its conservation, restoration and sustainable use.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.5
States should determine which of the land, fisheries and forests they own or control will be retained and used by the public sector, and which of these will be allocated for use by others and under what conditions.
|
Right to water |
Maputo Protocol
Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa |
XV
States Parties shall ensure that women have the right to nutritious and adequate food. In this regard, they shall take appropriate measures to:
a) Provide women with access to clean drinking water, sources of domestic fuel, land, and the means of producing nutritious food;
b) Establish adequate systems of supply and storage to ensure food security.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.5
States should determine which of the land, fisheries and forests they own or control will be retained and used by the public sector, and which of these will be allocated for use by others and under what conditions.
|
Right to water |
ACRWC
African Charter on the Rights and Welfare of the Child |
14.1 & 2.c
1. Every child shall have the right to enjoy the best attainable state of physical, mental and spiritual health.
2. State Parties to the present Charter shall undertake to pursue the full implementation of this right and in particular shall take measures:
(c) to ensure the provision of adequate nutrition and safe drinking water;
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.5
States should determine which of the land, fisheries and forests they own or control will be retained and used by the public sector, and which of these will be allocated for use by others and under what conditions.
|
Right to water |
ADHR
ASEAN Declaration on Human Rights |
28.e
Every person has the right to an adequate standard of living for himself or herself and his or her family including:
e. The right to safe drinking water and sanitation;
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.5
States should determine which of the land, fisheries and forests they own or control will be retained and used by the public sector, and which of these will be allocated for use by others and under what conditions.
|
