General matters
3. Guiding principles of responsible tenure governance |
3.1.5
States should: Prevent tenure disputes, violent conflicts and corruption. They should take active measures to prevent tenure disputes from arising and from escalating into violent conflicts. They should endeavour to prevent corruption in all forms, at all levels, and in all settings. |
Right of access to information
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Every individual shall have the right to receive information.
Every individual shall have the right to express and disseminate his opinions within the law.
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General matters
5. Policy, legal and organizational frameworks related to tenure |
5.8
States and other parties should regularly review and monitor policy, legal and organizational frameworks to maintain their effectiveness. Implementing agencies and judicial authorities should engage with civil society, user representatives and the broader public to improve services and endeavour to prevent corruption through transparent processes and decision-making. Information about changes and their anticipated impacts should be clearly stated and widely publicized in applicable languages. |
Right of access to information
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Every individual shall have the right to receive information.
Every individual shall have the right to express and disseminate his opinions within the law.
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General matters
6. Delivery of services |
6.9
States and non-state actors should endeavour to prevent corruption with
regard to tenure rights. States should do so particularly through consultation
and participation, rule of law, transparency and accountability. States
should adopt and enforce anti-corruption measures including applying
checks and balances, limiting the arbitrary use of power, addressing
conflicts of interest and adopting clear rules and regulations. States
should provide for the administrative and/or judicial review of decisions
of implementing agencies. Staff working on the administration of tenure
should be held accountable for their actions. They should be provided with
the means of conducting their duties effectively. They should be protected
against interference in their duties and from retaliation for reporting acts
of corruption |
Right of access to information
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Every individual shall have the right to receive information.
Every individual shall have the right to express and disseminate his opinions within the law.
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Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.9
States should allocate tenure rights and delegate tenure governance in transparent, participatory ways, using simple procedures that are clear, accessible and understandable to all, especially to indigenous peoples and other communities with customary tenure systems. Information in applicable languages should be provided to all potential participants, including through gender-sensitive messages. Where possible, States should ensure that newly allocated tenure rights are recorded with other tenure rights in a single recording system, or are linked by a common framework. States and non-state actors should further endeavour to prevent corruption in the allocation of tenure rights. |
Right of access to information
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9
Every individual shall have the right to receive information.
Every individual shall have the right to express and disseminate his opinions within the law.
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Legal recognition and allocation of tenure rights and duties
9. Indigenous peoples and other communities with customary tenure systems |
9.12
States and non-state actors should endeavour to prevent corruption in
relation to tenure systems of indigenous peoples and other communities with customary tenure systems, by consultation and participation, and by empowering communities. |
Right of access to information
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Every individual shall have the right to receive information.
Every individual shall have the right to express and disseminate his opinions within the law.
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Legal recognition and allocation of tenure rights and duties
10. Informal tenure |
10.5
States should endeavour to prevent corruption, particularly through increasing transparency, holding decision-makers accountable, and ensuring that impartial decisions are delivered promptly |
Right of access to information
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9
Every individual shall have the right to receive information.
Every individual shall have the right to express and disseminate his opinions within the law.
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Transfers and other changes to tenure rights and duties
11. Markets |
11.7
State and non-state actors should adhere to applicable ethical standards. They should publicize and monitor the implementation of these standards in the operation of markets in order to prevent corruption, particularly
through public disclosure. |
Right of access to information
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9
Every individual shall have the right to receive information.
Every individual shall have the right to express and disseminate his opinions within the law.
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Transfers and other changes to tenure rights and duties
15. Redistributive reforms |
15.9
States should implement redistributive reforms through transparent, participatory and accountable approaches and procedures. All affected
parties should be accorded with due process and just compensation according to national law and the provisions of Section 16. All affected
parties, including disadvantaged groups, should receive full and clear information on the reforms, including through gender-targeted messages.
Beneficiaries should be selected through open processes, and they should receive secure tenure rights that are publicly recorded. Access to means of resolving disputes should be provided for under national law. States should endeavour to prevent corruption in redistributive reform programmes, particularly through greater transparency and participation. |
Right of access to information
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Every individual shall have the right to receive information.
Every individual shall have the right to express and disseminate his opinions within the law.
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Transfers and other changes to tenure rights and duties
16. Expropriation and compensation |
16.6
All parties should endeavour to prevent corruption, particularly through use of objectively assessed values, transparent and decentralized
processes and services, and a right to appeal. |
Right of access to information
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Every individual shall have the right to receive information.
Every individual shall have the right to express and disseminate his opinions within the law.
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Administration of tenure
17. Records of tenure rights |
17.5
States should ensure that information on tenure rights is easily available to all, subject to privacy restrictions. Such restrictions should not unnecessarily prevent public scrutiny to identify corrupt and illegal transactions. States and non-state actors should further endeavour to prevent corruption in the recording of tenure rights by widely publicizing processes, requirements, fees and any exemptions, and deadlines for responses to service requests. |
Right of access to information
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9
Every individual shall have the right to receive information.
Every individual shall have the right to express and disseminate his opinions within the law.
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Administration of tenure
18. Valuation |
18.5
Implementing agencies should make their valuation information and analyses available to the public in accordance with national standards. States should endeavour to prevent corruption in valuation through transparency of information and methodologies, in public resource administration and compensation, and in company accounts and lending. |
Right of access to information
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9
Every individual shall have the right to receive information.
Every individual shall have the right to express and disseminate his opinions within the law.
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Administration of tenure
19. Taxation |
19.3
States should administer taxes efficiently and transparently. Staff of implementing agencies should receive training that includes methodologies. Taxes should be based on appropriate values. Assessments
of valuations and taxable amounts should be made public. States should provide taxpayers with a right to appeal against valuations. States should endeavour to prevent corruption in taxation administration, through increased transparency in the use of objectively assessed values. |
Right of access to information
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9
Every individual shall have the right to receive information.
Every individual shall have the right to express and disseminate his opinions within the law.
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Administration of tenure
20. Regulated spatial planning |
20.4
States should ensure that there is wide public participation in the development of planning proposals and the review of draft spatial plans to ensure that priorities and interests of communities, including indigenous peoples and food-producing communities, are reflected. Where necessary, communities should be provided with support during the planning process. Implementing agencies should disclose how public input from participation was reflected in the final spatial plans. States should endeavour to prevent corruption by establishing safeguards against improper use of spatial planning powers, particularly regarding changes to regulated use. Implementing agencies should report on results of compliance monitoring |
Right of access to information
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9
Every individual shall have the right to receive information.
Every individual shall have the right to express and disseminate his opinions within the law.
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Administration of tenure
21. Resolution of disputes over tenure rights |
21.5
States should endeavour to prevent corruption in dispute resolution processes. |
Right of access to information
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9
Every individual shall have the right to receive information.
Every individual shall have the right to express and disseminate his opinions within the law.
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