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Human RightsVGGT
Land issue VGGT Section VGGT Paragraph Human Right Human rights instrument Article

Ensure and respect the rule of law

Responses to climate change and emergencies

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

25.2

States should ensure that all actions are consistent with their existing obligations under national and international law, and with due regard to voluntary commitments under applicable regional and international instruments, including as appropriate those of the Convention relating to the Status of Refugees and its Protocol, and the United Nations Principles on Housing and Property Restitution for Refugees and Displaced Persons (“Pinheiro Principles”). During and after conflicts States should respect applicable international humanitarian law related to legitimate tenure rights.

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.

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

Prevention and resolution of conflicts

Responses to climate change and emergencies

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

25.3

In order that tenure problems do not lead to conflicts, all parties should take steps to resolve such problems through peaceful means. States should revise relevant policies and laws to eliminate discrimination and other factors that can be a cause of conflicts. Where appropriate, States may consider using customary and other local mechanisms that provide fair, reliable, gender-sensitive, accessible and non-discriminatory ways of promptly resolving disputes over tenure rights to land, fisheries and forests.

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.

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

Access to justice and remedy

Responses to climate change and emergencies

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

25.5

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

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.

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

25.6

Where restitution is not possible, the provision of secure access to alternative land, fisheries and forests and livelihoods for refugees and displaced persons should be negotiated with host communities and other relevant parties to ensure that the resettlement does not jeopardize the livelihoods of others. Special procedures should, where possible, provide the vulnerable, including widows and orphans, with secure access to land, fisheries and forests

Right to 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.

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

Identifying and safeguarding formal and informal land rights

Responses to climate change and emergencies

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

25.6

Where restitution is not possible, the provision of secure access to alternative land, fisheries and forests and livelihoods for refugees and displaced persons should be negotiated with host communities and other relevant parties to ensure that the resettlement does not jeopardize the livelihoods of others. Special procedures should, where possible, provide the vulnerable, including widows and orphans, with secure access to land, fisheries and forests

Right to 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.

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

25.7

Where appropriate, policies and laws should be revised to address preexisting discrimination as well as discrimination introduced during the conflicts. Where appropriate or required, relevant agencies should be re-established to deliver services necessary for responsible tenure governance

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.

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