The perspective of implementing officials
A brief on the formalization of the collective rights of native communities in Peru from the perspective of implementing officials
A brief on the formalization of the collective rights of native communities in Peru from the perspective of implementing officials
"Participatory law-making” is the process by which citizens actively contribute to policy advocacy and law-drafting. Citizen participation in law-making can improve the quality and legitimacy of policies and laws by ensuring that they reflect and protect the authentic interests of the national citizenry. In the field of land rights, participatory law-making can help ensure the recognition and protection of legitimate tenure rights.
Empowerment is the “expansion of people’s ability to make strategic life choices”. According to the UN, women’s empowerment has five components: women’s sense of self-worth; their right to have and to determine choices; their right to have access to opportunities and resources; their right to have the power to control their own lives, both within and outside the home; and their ability to influence the direction of social change to create a more just social and economic order, nationally and internationally.
In taking a comprehensive approach to issues of tenure, the Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests (VGGT) offer an opportunity to promote systemic governance reform and respect for land and resource rights, while clarifying the different roles of States, businesses and social actors. The VGGT do not directly cover mineral resources but they clarify that States may wish to consider the governance of mineral resources in their efforts to implement the VGGT.
Over the past 30 years, an increasing number of states have passed good laws that significantly strengthen the tenure rights of their citizens. However, due to multiple barriers, a high percentage of many nations’ citizens are either unaware of their legal rights or unable to use national laws to protect their rights when threatened.
From Eastern Congo to the coast of Kenya, “security” crises are used to evict forest peoples, creating greater insecurity in the process. We compare this practice in relation to the Batwa in present day Kahuzi-Biega (DR Congo), the Ogiek in 1980s Mt Elgon (Kenya), the Benet Mosopisyek bopth at Mt Elgon in 2008 (Uganda), and the Aweer in Lamu County from 1963 to 1967 (Kenya).
Forest Peoples Programme and partners have encountered and documented human rights violations against indigenous peoples and local communities associated with conservation over the course of decades of work. There have been moments when progress in this area has been made (e.g., the 2003 Durban Accord and the adoption of social policies by conservation agencies). However, changes to practice on the ground have too often been limited or quickly reversed, despite repeated calls by human rights organisations over decades. These issues are widely known, they cannot be ignored.
On the occasion of the 10th anniversary of the Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests (Tenure Guidelines), we, organizations of small-scale food producers, Indigenous Peoples, workers, urban communities and civil society, underline the critical importance of land, fisheries and forests for achieving social, environmental, gender and intergenerational justice, and demand that States, the FAO and the entire UN system comply with their obligations to realize the right to land.
TMG Research is working with the governments of Benin, Kenya, Madagascar, and Malawi to advance the implementation of the UNCCD Land Tenure Decision 26/
COP.14. The partnership involves analyses of the impact of activities to achieve Land Degradation Neutrality (LDN) on legitimate land tenure rights and to devise ways to secure legitimate tenure rights and achieve LDN. It benefits from support by the German Federal Ministry for Economic Development and Cooperation and GIZ.
Las Directrices Voluntarias sobre la Gobernanza responsable de la tenencia de la tierra, la pesca y los bosques –pese a las críticas por su carácter transaccional y no vinculante– se constituyen en una importante herramienta que orienta y genera información sobre las prácticas internacionalmente aceptadas para los sistemas que regulan los derechos de uso, gestión y control de la tierra, la pesca y los bosques.
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