International standards, mechanisms and guidelines relating to land, including tenure
Websites/Multiple Documents
Description:
Links to UN documents plus reference to: (on http://unjobs.org): Agriculture forestry and fishing > Agricultural economics and policy > Land tenure...
Agriculture forestry and fishing > Forestry > Land tenure...
Human settlements > Housing > Eviction...
Human settlements > Housing > Rental housing...
Human settlements > Housing > Right to housing...
Human settlements > Settlement planning > Squatters...
Social conditions and equity > Human rights > Right to housing
Source/publisher:
UN Resource Directory
Date of entry/update:
2011-11-12
Grouping:
Websites/Multiple Documents
Language:
English
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Description:
34,000 results for a google search for "Right to security of tenure" (November 2014)
Source/publisher:
Google
Date of entry/update:
2011-11-12
Grouping:
Websites/Multiple Documents
Language:
English
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Description:
"We envision a world in which land governance systems, both formal and informal, are effective, accessible, and responsive for all. This is possible when land tenure and property rights are recognized as critical development issues and when the United States Government and its development partners demonstrate consistent attention and a firm commitment to supporting coordinated policies and programs that clarify and strengthen the land tenure and property rights of all members of society, enabling broad-based economic growth, gender equality, reduced incidence of conflicts, enhanced food security, improved resilience to climate change, and effective natural resource management..."
Source/publisher:
USAID
Date of entry/update:
2015-08-02
Grouping:
Websites/Multiple Documents
Language:
English
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Individual Documents
Description:
"The survival of people and wildlife depends on the health of the land. The economic prosperity of a country is linked to the richness of its resources. But, our demand for these is destroying the land and all it harbours.
Our consumption of the earth's natural reserves has doubled in the last 30 years. Now, a third of the planet's land is severely degraded. Each year, we lose 15 billion trees and 24 billion tonnes of fertile soil. And at least 10,000 species go extinct every year. The land we live on is being strained to breaking point. Restoration and conservation are key to its survival.
earthrise travels to the dry forests of Southern Ecuador and the ancestral lands of the indigenous peoples in Western Australia to learn how these communities are working to protect the unique ecosystems currently at risk due to natural and man-made disasters.
Saving Ecuador's Cerro Blanco
On the outskirts of Ecuador's port city of Guayaquil lies the Cerro Blanco reserve; one of the last remaining dry forests in the country. Dry forests are named as such due to the ability of the vegetation to survive long periods without rain using natural water conservation methods.
Cerro Blanco is threatened by a host of natural causes and human activity, including an expanding city that means people who cannot afford to live centrally are edging closer to the forest.
earthrise speaks to the reserve's chief ranger, Eleutario de la Cruz about the increasing issues related to an ever-encroaching city population plus the dangers of land trafficking, illegal logging and hunting. We also speak to engineer Topher White who has developed a surveillance system made from recycled technology that could help protect the forest and its endangered wildlife.
Juliana Schatz learns more about the Rainforest Connection as a means to end the threat to one of Ecuador's last survivng dry forests.
Burning to save Australia's Western Desert
The Martu are the indigenous peoples of Australia's Western Desert cultural bloc. The traditional owners of those lands, the Martu practiced small-scale "land burning" for tens of thousands of years. The burning would encourage a regrowth of diverse vegetation across the landscape that would then make large-scale bushfires less likely to occur.
However, as the last of the Martu were cleared off their lands by the Europeans in the 1960s, wildfires have once again devastated the landscape with as many as 18 animal species disappearing from the area since then.
In 2002, the Martu were once again granted native title to their land, bringing back their ancient practice and an unparalleled knowledge of the land at risk of further damage.
Rachael Hocking travels to the Western Desert to spend time with a group of Martu rangers on a fire programme set to stop the wildfires before they take hold. .."
Source/publisher:
"Al Jazeera" (Qatar)
Date of publication:
2017-06-13
Date of entry/update:
2019-09-26
Grouping:
Individual Documents
Category:
International standards, mechanisms and guidelines relating to land, including tenure, International resources on land rights and tenure
Language:
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Description:
"On the 8th August 2019 the Intergovernmental Panel on Climate Change released a comprehensive report on Climate Change and Land Use. Their findings immediately sparked controversy and debate. This week we take a brief look at the report and also at some of the reaction..."
Source/publisher:
" Just Have a Think"
Date of publication:
2019-08-18
Date of entry/update:
2019-08-27
Grouping:
Individual Documents
Category:
Climate Change - governmental and inter-governmental bodies, treaties, meetings, reports, commentaries, International standards, mechanisms and guidelines relating to land, including tenure
Language:
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Sub-title:
IPCC Special Report on Climate Change, Desertification, Land Degradation, Sustainable Land Management, Food Security, and Greenhouse gas fluxes in Terrestrial Ecosystems
Description:
"This Special Report on Climate Change and Land1 responds to the Panel decision in 2016 to
prepare three Special Reports2 during the Sixth Assessment cycle, taking account of proposals
from governments and observer organizations3
. This report addresses greenhouse gas (GHG)
fluxes in land-based ecosystems , land use and sustainable land management4 in relation to climate
change adaptation and mitigation, desertification5
, land degradation6 and food security7
. This
report follows the publication of other recent reports, including the IPCC Special Report on Global
Warming of 1.5°C (SR15), the thematic assessment of the Intergovernmental Science Policy
Platform on Biodiversity and Ecosystem Services (IPBES) on Land Degradation and Restoration,
the IPBES Global Assessment Report on Biodiversity and Ecosystem Services, and the Global
Land Outlook of the UN Convention to Combat Desertification (UNCCD). This report provides
an updated assessment of the current state of knowledge8 while striving for coherence and
complementarity with other recent reports.
This Summary for Policymakers (SPM) is structured in four parts: A) People, land and climate in
a warming world; B) Adaptation and mitigation response options; C) Enabling response options;
and D) Action in the near-term.
Confidence in key findings is indicated using the IPCC calibrated language9
; the underlying
scientific basis of each key finding is indicated by references to the main report. The terrestrial portion of the biosphere that comprises the natural resources (soil, near-surface air, vegetation and
other biota, and water), the ecological processes, topography, and human settlements and infrastructure that operate
within that system.
2 The three Special reports are: “Global Warming of 1.5°C. An IPCC special report on the impacts of global warming
of 1.5°C above pre-industrial levels and related global greenhouse gas emission pathways, in the context of
strengthening the global response to the threat of climate change, sustainable development, and efforts to eradicate
poverty.”; “Climate Change and Land: an IPCC Special Report on Climate Change, Desertification, Land
Degradation, Sustainable Land Management, Food Security, and Greenhouse gas fluxes in Terrestrial Ecosystems”;
“The Ocean and Cryosphere in a Changing Climate”
3 related proposals were: climate change and desertification; desertification with regional aspects; land degradation –
an assessment of the interlinkages and integrated strategies for mitigation and adaptation; agriculture, foresty and other
landuse; food and agriculture; and food security and climate change.
4 Sustainable Land Management is defined in this report as “the stewardship and use of land resources, including soils,
water, animals and plants, to meet changing human needs, while simultaneously ensuring the long-term productive
potential of these resources and the maintenance of their environmental functions”. 5 Desertification is defined in this report as ‘land degradation in arid, semi-arid, and dry sub-humid areas resulting
from many factors, including climatic variations and human activities’.
6 Land degradation is defined in this report as ‘a negative trend in land condition, caused by direct or indirect human
induced processes, including anthropogenic climate change, expressed as long-term reduction and as loss of at least
one of the following: biological productivity, ecological integrity, or value to humans’. 7 Food security is defined in this report as ‘a situation that exists when all people, at all times, have physical, social,
and economic access to sufficient, safe and nutritious food that meets their dietary needs and food preferences for an
active and healthy life’..."
Source/publisher:
The Intergovernmental Panel on Climate Change (IPCC)
Date of publication:
2019-08-07
Date of entry/update:
2019-08-09
Grouping:
Individual Documents
Category:
Climate Change - Migration Global, Biodiversity - international standards and mechanisms, International standards, mechanisms and guidelines relating to land, including tenure, Food Security - global and regional literature, Climate Change - governmental and inter-governmental bodies, treaties, meetings, reports, commentaries
Language:
Format :
pdf
Size:
2.25 MB
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Description:
"...The main purpose of this paper is to examine legal measures taken to recognize
indigenous groups and provide for their ongoing operation; the paper starts, therefore, from an
underlying assumption that indigenous groups have continued relevance to the needs and wishes
of the people who operate within them. Nevertheless, while it is beyond the scope and purpose of
the paper to explore this complex issue in any depth, it may be useful to present ? however briefly
? some of the arguments made for and against the preservation of indigenous groups. In the
course of this brief discussion, the focus of the present paper will be narrowed to a concentration
on the role of indigenous groups in the ownership and control of land and other natural resources.
It should, perhaps, be stressed at the beginning that it is the role of groups as groups which is
under consideration - that is, the group as an entity over and above the individual members which
make it up..."
J. S. Fingleton
Source/publisher:
FAO Legal Papers Online December 1998
Date of publication:
1998-12-00
Date of entry/update:
2015-08-02
Grouping:
Individual Documents
Category:
International standards, mechanisms and guidelines relating to land, including tenure, Customary tenure - global and regional
Language:
English
more
Description:
"The scale of attacks against land rights defenders is particularly preoccupying and should attract our utmost reaction and urgent mobilisation.
The toll they pay, together with their families and communities, is dramatic,
be it killings, forced disappearances, harassment or criminalisation. Caught
in the crossfire between poor land users fighting for the respect of their basic
human rights and powerful economic actors fighting for juicy profits, they
account as one of the most vulnerable categories of human rights defenders.
This particular vulnerability is due to various factors including the fact
that they challenge important economic interests pushed by powerful
actors such as States and corporations, the fact that they generally operate
in remote areas in which the rule of law is weak and the access to protection
mechanisms is difficult. Moreover, land rights defenders operate within a
weak legal framework governing land rights and land deals, in a global
context of intense pressures over land and resources.
Behind attacks against them, the situations on which they intervene
are those where authorities are shunning their obligation to ensure the
fulfilment of their human rights obligations. This, in turn, portrays a world
where development plans and investments impacting on land, are made
at the expense of the local users who depend on these lands for their
survival. Authorities and political actors often favour economic actors, be
they national or transnational ones, at the expense of the rights of their
own populations.
The balance of power becomes dramatically unequal and the efforts to
bring the respect for human rights at the centre of so-called development
are clearly insufficient..."
Source/publisher:
Observatory for the Protection of Human Rights Defenders (OMCT, FIDH)
Date of publication:
2014-12-00
Date of entry/update:
2015-01-05
Grouping:
Individual Documents
Language:
English
Format :
pdf
Size:
10.71 MB
Local URL:
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Description:
Preliminary: 1. Objectives... 2. Nature and scope..... General matters: 3. Guiding principles of responsible tenure governance... 3A General principles... 3B Principles of implementation... 4. Rights and responsibilities related to tenure... 5. Policy, legal and organizational frameworks related to tenure... 6. Delivery of services..... Legal recognition and allocation of tenure rights and duties: 7. Safeguards... 8. Public land, fisheries and forests... 9. Indigenous peoples and other communities with customary tenure systems... 10. Informal tenure..... Transfers and other changes to tenure rights and duties: 11. Markets... 12. Investments... 13. Land consolidation and other readjustment approaches... 14. Restitution... 15. Redistributive reforms... 16. Expropriation and compensation..... Administration of tenure: 17. Records of tenure rights... 18. Valuation... 19. Taxation... 20. Regulated spatial planning... 21. Resolution of disputes over tenure rights... 22. Transboundary matters..... Responses to climate change and emergencies: 23. Climate change... 24. Natural disasters... 25. Conflicts in respect to tenure of land, fisheries and forests..... Promotion, implementation, monitoring and evaluation: "Tenure is the relationship, whether defined legally or customarily, among people with respect to land (including associated buildings and structures), fisheries, forests and other natural resources. The rules of tenure define how access is granted to use and control these resources, as well as associated responsibilities and restraints. Tenure thus usually reflects the power structure in a society, and social stability may depend on whether or not there is a broad consensus on the fairness of the tenure system.".......These Guidelines seek to: 1. improve tenure governance by providing guidance and information on internationally accepted practices for systems that deal with the rights to use, manage and control land, fisheries and forests.... 2. contribute to the improvement and development of the policy, legal and organizational frameworks regulating the range of tenure rights that exist over these resources... 3. enhance the transparency and improve the functioning of tenure systems... 4. strengthen the capacities and operations of implementing agencies; judicial authorities; local governments; organizations of farmers and small-scale producers, of fishers, and of forest users; pastoralists; indigenous peoples and other communities; civil society; private sector; academia; and all persons concerned with tenure governance as well as to promote the cooperation between the actors mentioned..."
Source/publisher:
Food and Agriculture Organisation (FAO)
Date of publication:
2012-00-00
Date of entry/update:
2014-12-21
Grouping:
Individual Documents
Language:
Burmese/ မြန်မာဘာသာ (Metadata: English)
Format :
pdf pdf
Size:
2.41 MB 2.32 MB
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Description:
Summary: "This paper presents an overview of the distinctive
features of communal tenure in
different community-based land and natural resource
management systems. Communal
tenure refers to situations where groups, communities, or one or more villages have
well defined, exclusive rights to jointly own and/or manage particular areas of natural
resources such as land, forest and water. These are
often referred to as
common pool
resources: many rural communities are dependent on these resources for their
livelihood. In communal tenure, both the boundaries of the resource owned in
common and group membership are clearly defined. These are necessary conditions to
exclude outsiders and to secure the rights of group
members so that these rights cannot
be taken away or changed unilaterally.
Two models of communal tenure are presented in the
paper;
these models differ in
terms of the function of the state, the length of tenure and the characteristics of the
resource system concerned. In the first model, the
permanent title
model, the state fully
and permanently hands the land over to local indigenous communities for private
collective ownership. In this situation, the resource system is often multi-facetted,
comprising agricultural lands as well as forest, water and pasture land. Permanent title
for indigenous peoples? communal land is a special
claim supported by national
legislation and by international conventions, coven
ants and declarations that many
countries have endorsed. Examples of permanent title in Asia include the Philippines
and Cambodia, where legislation provides for collective rights of indigenous
communities. In many instances such as Cambodia, Philippines or, for instance, Papua
New Guinea, the indigenous groups or communities that are eligible by law for private
and permanent communal tenure need to become a legal entity to be recognized as
a
communal right-holder by the state. This may require community incorporation.
However, the process of incorporation can be cumbersome for people who are not
necessarily literate in the national language or in
the demands of state bureaucracy.
In the second model, the
delegated management
model, the state maintains ownership
of the resources and delegates management to local
groups, most often villages, for a
specific period of time, with the possibility of renewal. Such agreements are generally
subject to national legislation only. In this case,
the resources are often uniform and
relate to, for example, community forestry, community fishery, pasture or irrigation
group tenure that all come in many different forms
with different bundles of rights.
This model is far more common than the first, with
Nepal, India, Thailand, Cambodia
or Mongolia providing examples.
In addition to these two general models, one may still find traditional customary
communal tenure in remote communities. Here the state does not actually regulate or
intervene in the management of resources, but all local communities in the area would
know of the local rules of harvesting and withdrawal rights.
Both the permanent title in communal land and the d
elegated management model may
originate from an existing customary arrangement, where the rules are known and have
been adhered to by right-holders ? and their neighbors ? for generations. The state can
acknowledge these existing communal systems through
formalization of existing rules
and rights. In a different situation, where customary arrangements are no longer
present and the resource is degraded and under open
access, the formalization of
Communal tenure and the governance of common property resources in Asia
delegated management of, for example, a new community forest, may imply setting up
or
inducing
communal tenure institutions, where they did not previously exist.
Inducing institutions is a major exercise in social
engineering; the resulting induced
institution must be carefully aligned with the physical and natural characteristics of the
resources or resource system and, ideally, should build on an existing set of norms in
the community. Where governments and/or donor projects have a pro-poor approach in
inducing communal tenure for natural resource management, the pro-poor targeting
mechanisms must be mainstreamed in the institution
building.
In all communal tenure systems, the physical and biological characteristics of the
resource system factor decisively into the regulatory frameworks that communities
establish. One must match with the other. In situations where both subsistence and
market value products can be withdrawn from the resource system there are also many
kinds of interlinked and embedded rights: the communal tenure is usually embedded
within a larger nested hierarchy of institutions."
Nowadays the communities will often need support an
d recognition by the state in
order to manage effectively their common pool resou
rces. As a consequence,
communities will need to establish two sets of rule
s: (i) those rules that constitute the
community as an entity in the eyes of the state and
(ii) those that define internal rules
of benefit sharing. Whereas constitutional rules de
fine the community as a legal entity,
internal community rules establish the management r
ights in the resources and the fair
appropriation of benefits.
Interest in communal tenure and common property res
ource management has risen since
the 1980s among academics, governments and internat
ional development organizations
working on land and natural resources management. D
ebates on communal tenure are
still ongoing in many countries in Asia, in the con
text of market pressures and
dynamics, which call for privatization to increase
productivity, and in the context of
big business vying for a stake in valuable land and
other natural resources, in some
instances leading to land grabbing. The current mar
ket driven pressures on natural
resources create both challenges and opportunities
for communities and governments.
Overall, policies and institutions that promote acc
ountability and good governance
over these resources, both by the government at nat
ional and local level and by
communities, are required. Some specific approaches
, such as communities? mapping
of their territories, are proving useful tools to s
afeguard their lands, although they are
not sufficient conditions: the wider political and
regulatory environment must be
supportive too.
Communal tenure will very likely play a significant
role in the policies and actions for
climate change mitigation. With the emergence of in
itiatives for Reduced Emissions
from Deforestation and Degradation (REDD and REDD+)
, governance and benefit
sharing of carbon finance become critical questions
in defining who owns the carbon
stocked in forest. Marketable community rights to t
his special resource unit (stocked
carbon) must be supported by national legislation t
hat favors communal tenure of some
of the carbon properties. This may lead to a separa
tion of rights to carbon from the
broader rights to the forest and land, an aspect no
t yet addressed by theoretical work on
communal tenure..."
Kirsten Ewers Andersen
Source/publisher:
Food and Agriculture Organisation (FAO)
Date of publication:
2011-04-00
Date of entry/update:
2014-12-08
Grouping:
Individual Documents
Category:
Natural Resource Use - global theory, standards, mechanisms, guidelines and analysis, Natural Resource Use: global and regional, International standards, mechanisms and guidelines relating to land, including tenure, Customary tenure - global and regional
Language:
English
Format :
pdf
Size:
464.43 KB
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Description:
Preliminary:
1. Objectives...
2. Nature and scope.....
General matters:
3. Guiding principles of responsible tenure governance...
3A General principles...
3B Principles of implementation...
4. Rights and responsibilities related to tenure...
5. Policy, legal and organizational frameworks related to tenure...
6. Delivery of services.....
Legal recognition and allocation of tenure rights and duties:
7. Safeguards...
8. Public land, fisheries and forests...
9. Indigenous peoples and other communities with customary
tenure systems...
10. Informal tenure.....
Transfers and other changes to tenure rights and duties:
11. Markets...
12. Investments...
13. Land consolidation and other readjustment approaches...
14. Restitution...
15. Redistributive reforms...
16. Expropriation and compensation.....
Administration of tenure:
17. Records of tenure rights...
18. Valuation...
19. Taxation...
20. Regulated spatial planning...
21. Resolution of disputes over tenure rights...
22. Transboundary matters.....
Responses to climate change and emergencies:
23. Climate change...
24. Natural disasters...
25. Conflicts in respect to tenure of land, fisheries and forests.....
Promotion, implementation, monitoring and evaluation:
"Tenure is the relationship, whether defined legally or customarily, among people with respect to land
(including associated buildings and structures), fisheries, forests and other natural resources. The rules of
tenure define how access is granted to use and control these resources, as well as associated
responsibilities and restraints. Tenure thus usually reflects the power structure in a society, and social
stability may depend on whether or not there is a broad consensus on the fairness of the tenure system.".......These Guidelines seek to:
1. improve tenure governance by providing guidance and information
on internationally accepted practices for systems that deal with
the rights to use, manage and control land, fisheries and forests....
2. contribute to the improvement and development of the policy,
legal and organizational frameworks regulating the range of
tenure rights that exist over these resources...
3. enhance the transparency and improve the functioning of tenure
systems...
4. strengthen the capacities and operations of implementing
agencies; judicial authorities; local governments; organizations
of farmers and small-scale producers, of fishers, and of forest
users; pastoralists; indigenous peoples and other communities;
civil society; private sector; academia; and all persons concerned
with tenure governance as well as to promote the cooperation
between the actors mentioned..."
Source/publisher:
Food and Agriculture Organisation (FAO)
Date of publication:
2012-00-00
Date of entry/update:
2011-11-12
Grouping:
Individual Documents
Language:
English
Format :
pdf
Size:
552.11 KB
Local URL:
more