Transfers and other changes to tenure rights and duties
13. Land consolidation and other readjustment approaches |
13.1
Where appropriate, States may consider land consolidation, exchanges or other voluntary approaches for the readjustment of parcels or holdings
to assist owners and users to improve the layout and use of their parcels or holdings, including for the promotion of food security and rural development in a sustainable manner. States should ensure that all actions are consistent with their obligations under national and international law, and with due regard to voluntary commitments under applicable regional
and international instruments, and ensure that participants are at least as well off after the schemes compared with before. These approaches
should be used to coordinate the preferences of multiple owners and users in a single legitimate readjustment. |
Right of access to information
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14.1 & 14.2
1. The State has the responsibility to take legislative, judicial, administrative or other appropriate measures to promote the understanding by all persons under its jurisdiction of their civil, political, economic, social and cultural rights.
2. Such measures shall include, inter alia:
(a) The publication and widespread availability of national laws and regulations and of applicable
basic international human rights instruments;
(b) Full and equal access to international documents in the field of human rights, including the periodic reports by the State to the bodies established by the international human rights treaties to which it is a party, as well as the summary records of discussions and the official reports of these bodies.
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Transfers and other changes to tenure rights and duties
13. Land consolidation and other readjustment approaches |
13.1
Where appropriate, States may consider land consolidation, exchanges or other voluntary approaches for the readjustment of parcels or holdings
to assist owners and users to improve the layout and use of their parcels or holdings, including for the promotion of food security and rural development in a sustainable manner. States should ensure that all actions are consistent with their obligations under national and international law, and with due regard to voluntary commitments under applicable regional
and international instruments, and ensure that participants are at least as well off after the schemes compared with before. These approaches
should be used to coordinate the preferences of multiple owners and users in a single legitimate readjustment. |
Right of access to information
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6
Everyone has the right, individually and in association with others:
(a) To know, seek, obtain, receive and hold information about all human rights and fundamental
freedoms, including having access to information as to how those rights and freedoms are given effect in domestic legislative, judicial or administrative systems;
(b) As provided for in human rights and other applicable international instruments, freely to publish, impart or disseminate to others views, information and knowledge on all human rights and fundamental freedoms;
(c) To study, discuss, form and hold opinions on the observance, both in law and in practice, of all human rights and fundamental freedoms and, through these and other appropriate means, to draw public attention to those matters.
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Transfers and other changes to tenure rights and duties
13. Land consolidation and other readjustment approaches |
13.1
Where appropriate, States may consider land consolidation, exchanges or other voluntary approaches for the readjustment of parcels or holdings
to assist owners and users to improve the layout and use of their parcels or holdings, including for the promotion of food security and rural development in a sustainable manner. States should ensure that all actions are consistent with their obligations under national and international law, and with due regard to voluntary commitments under applicable regional
and international instruments, and ensure that participants are at least as well off after the schemes compared with before. These approaches
should be used to coordinate the preferences of multiple owners and users in a single legitimate readjustment. |
Right to participation
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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.
|
Transfers and other changes to tenure rights and duties
13. Land consolidation and other readjustment approaches |
13.1
Where appropriate, States may consider land consolidation, exchanges or other voluntary approaches for the readjustment of parcels or holdings
to assist owners and users to improve the layout and use of their parcels or holdings, including for the promotion of food security and rural development in a sustainable manner. States should ensure that all actions are consistent with their obligations under national and international law, and with due regard to voluntary commitments under applicable regional
and international instruments, and ensure that participants are at least as well off after the schemes compared with before. These approaches
should be used to coordinate the preferences of multiple owners and users in a single legitimate readjustment. |
Right to remedy
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9
1. In the exercise of human rights and fundamental freedoms, including the promotion and protection of human rights as referred to in the present Declaration, everyone has the right, individually and in association with others, to benefit from an effective remedy and to be protected in the event of the violation of those rights.
2. To this end, everyone whose rights or freedoms are allegedly violated has the right, either in person or through legally authorized representation, to complain to and have that complaint promptly reviewed in a public hearing before an independent, impartial and competent judicial or other authority established by law and to obtain from such an authority a decision, in accordance with law, providing redress, including any compensation due, where there has been a violation of that person’s rights or freedoms, as well as enforcement of the eventual decision and award, all without undue delay.
3. To the same end, everyone has the right, individually and in association with others, inter alia:
(a) To complain about the policies and actions of individual officials and governmental bodies with
regard to violations of human rights and fundamental freedoms, by petition or other appropriate means, to competent domestic judicial, administrative or legislative authorities or any other competent authority provided for by the legal system of the State, which should render their decision on the complaint without undue delay;
(b) To attend public hearings, proceedings and trials so as to form an opinion on their compliance with national law and applicable international obligations and commitments;
(c) To offer and provide professionally qualified legal assistance or other relevant advice and
assistance in defending human rights and fundamental freedoms.
4. To the same end, and in accordance with applicable international instruments and procedures, everyone has the right, individually and in association with others, to unhindered access to and communication with international bodies with general or special competence to receive and consider communications on matters of human rights and fundamental freedoms.
5. The State shall conduct a prompt and impartial investigation or ensure that an inquiry takes place
whenever there is reasonable ground to believe that a violation of human rights and fundamental freedoms has occurred in any territory under its jurisdiction.
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Transfers and other changes to tenure rights and duties
13. Land consolidation and other readjustment approaches |
13.3
Where appropriate, States may consider encouraging and facilitating land consolidation and land banks in environmental protection and infrastructure projects to facilitate the acquisition of private land for such
public projects, and to provide affected owners, farmers and small-scale food producers with land in compensation that will allow them to continue,
and even increase, production |
Right to remedy
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9
1. In the exercise of human rights and fundamental freedoms, including the promotion and protection of human rights as referred to in the present Declaration, everyone has the right, individually and in association with others, to benefit from an effective remedy and to be protected in the event of the violation of those rights.
2. To this end, everyone whose rights or freedoms are allegedly violated has the right, either in person or through legally authorized representation, to complain to and have that complaint promptly reviewed in a public hearing before an independent, impartial and competent judicial or other authority established by law and to obtain from such an authority a decision, in accordance with law, providing redress, including any compensation due, where there has been a violation of that person’s rights or freedoms, as well as enforcement of the eventual decision and award, all without undue delay.
3. To the same end, everyone has the right, individually and in association with others, inter alia:
(a) To complain about the policies and actions of individual officials and governmental bodies with
regard to violations of human rights and fundamental freedoms, by petition or other appropriate means, to competent domestic judicial, administrative or legislative authorities or any other competent authority provided for by the legal system of the State, which should render their decision on the complaint without undue delay;
(b) To attend public hearings, proceedings and trials so as to form an opinion on their compliance with national law and applicable international obligations and commitments;
(c) To offer and provide professionally qualified legal assistance or other relevant advice and
assistance in defending human rights and fundamental freedoms.
4. To the same end, and in accordance with applicable international instruments and procedures, everyone has the right, individually and in association with others, to unhindered access to and communication with international bodies with general or special competence to receive and consider communications on matters of human rights and fundamental freedoms.
5. The State shall conduct a prompt and impartial investigation or ensure that an inquiry takes place
whenever there is reasonable ground to believe that a violation of human rights and fundamental freedoms has occurred in any territory under its jurisdiction.
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Transfers and other changes to tenure rights and duties
13. Land consolidation and other readjustment approaches |
13.6
States should establish appropriate safeguards in projects using
readjustment approaches. Any individuals, communities or peoples likely
to be affected by a project should be contacted and provided with sufficient
information in applicable languages. Technical and legal support should
be provided. Participatory and gender-sensitive approaches should be
used taking into account rights of indigenous peoples. Environmental safeguards should be established to prevent or minimize degradation and
loss of biodiversity and reward changes that foster good land management, best practices and reclamation |
Right of access to information
|
|
14.1 & 14.2
1. The State has the responsibility to take legislative, judicial, administrative or other appropriate measures to promote the understanding by all persons under its jurisdiction of their civil, political, economic, social and cultural rights.
2. Such measures shall include, inter alia:
(a) The publication and widespread availability of national laws and regulations and of applicable
basic international human rights instruments;
(b) Full and equal access to international documents in the field of human rights, including the periodic reports by the State to the bodies established by the international human rights treaties to which it is a party, as well as the summary records of discussions and the official reports of these bodies.
|
Transfers and other changes to tenure rights and duties
13. Land consolidation and other readjustment approaches |
13.6
States should establish appropriate safeguards in projects using
readjustment approaches. Any individuals, communities or peoples likely
to be affected by a project should be contacted and provided with sufficient
information in applicable languages. Technical and legal support should
be provided. Participatory and gender-sensitive approaches should be
used taking into account rights of indigenous peoples. Environmental safeguards should be established to prevent or minimize degradation and
loss of biodiversity and reward changes that foster good land management, best practices and reclamation |
Right of access to information
|
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6
Everyone has the right, individually and in association with others:
(a) To know, seek, obtain, receive and hold information about all human rights and fundamental
freedoms, including having access to information as to how those rights and freedoms are given effect in domestic legislative, judicial or administrative systems;
(b) As provided for in human rights and other applicable international instruments, freely to publish, impart or disseminate to others views, information and knowledge on all human rights and fundamental freedoms;
(c) To study, discuss, form and hold opinions on the observance, both in law and in practice, of all human rights and fundamental freedoms and, through these and other appropriate means, to draw public attention to those matters.
|
Transfers and other changes to tenure rights and duties
13. Land consolidation and other readjustment approaches |
13.6
States should establish appropriate safeguards in projects using
readjustment approaches. Any individuals, communities or peoples likely
to be affected by a project should be contacted and provided with sufficient
information in applicable languages. Technical and legal support should
be provided. Participatory and gender-sensitive approaches should be
used taking into account rights of indigenous peoples. Environmental safeguards should be established to prevent or minimize degradation and
loss of biodiversity and reward changes that foster good land management, best practices and reclamation |
Right to participation
|
|
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.
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