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How can the
“Voluntary Guidelines on the
Responsible Governance of Tenure of Land, Fisheries and Forests in the Context of National Food Security”
safeguard tenure in the promotion of responsible (land-based) agricultural investments
Louisa J.M. Jansen FAO Climate, Energy and Tenure Division
LANDac International Conference on Land Governance for Equitable and Sustainable Development, 8-10 July 2015, Utrecht, The Netherlands
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Introduction
The Guidelines are the first comprehensive, global instrument on tenure to be developed through intergovernmental negotiations with the participation of CSO and the private sector. Responsible governance of tenure is at the heart of addressing the challenges and opportunities associated with responsible (land-based) agricultural investments:
Responsible investments should do no harm, safeguard against dispossession of legitimate tenure right holders and environmental damage, and should respect human rights. Such
investments should be made working in partnership with relevant levels of government and local holders of tenure rights to land, fisheries and forests, respecting their legitimate tenure
rights (VGGT section 12.4).
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Guidelines – food security
Addressing land tenure issues from a food security and tenure rights perspective is critical, as it can:
• Protect legitimate local land rights; • Facilitate investors’ access to genuinely available land; • Create incentives for inclusive business models that share value with local farmers and
do not imply land transfers.
FAO wants to contribute to a “level playing field” and promote better informed dialogue and more balanced interactions and negotiations between the various actors involved.
• Address additional tenure related
issues other than investment
• Guidelines: detailed guidance
• Address additional aspects of
investment other than just tenure
• Principles: overarching framework
Responsible Investment in
Agriculture
VGGTs
RAI
Principles
Consumption
Production
Processing
Distribution
Access/Retail
VGGTs Food System
Tenure and investment issues
Rule of Law Transparency Consultation
and Participation
Non-discrimination
Gender equality
Accountability Continuous
improvement Human dignity
Equity and justice
Holistic and Sustainable Approach
Human rights based approach Multi-stakeholder engagement
Complementary values and approach
2. Capacity development: Technical Guides 2. Capacity development “Package” In practice: government authorities
• Greater investment in agriculture is needed and government authorities involved in investment promotion, approval and monitoring can explore investment models that reduce or avoid the transfer of land tenure rights.
• Investments are more likely to be successful if investor, local communities and government benefit.
• All stakeholders should participate in decision-making processes.
• Pursuing a human rights based approach.
• Providing a clear and consistent regulatory and policy environment. Where this is weak, investment agreements and contracts can serve as mechanisms for safeguarding legitimate tenure rights.
• Overall investment strategy in line with development and policy objectives.
• Safeguarding tenure is a continuous process throughout the investment cycle.
2. Capacity development: Technical Guides 2. Capacity development “Package” In practice: investors
• Business enterprises should act with due diligence to avoid infringing on the human rights and legitimate tenure rights of others.
• Risk assessment and identification of high-risk factors.
• Existing or recent disputes or ongoing conflicts in the area?
• Expropriation by government or project?
• Corruption?
• Use of inclusive consultation and participatory stakeholder mapping?
• Has free, informed and prior consent been given by indigenous communities?
• High conservation value of the area?
• If less severe risks than the above are identified then the investor should examine if such risks can be mitigated and proceed with caution.
2. Capacity development: Technical Guides
Relevant Technical Guides to bridge from the Guidelines to practice :
• Respecting free, prior and informed consent (FPIC)
• Safeguarding land tenure rights in the context of agricultural investment (for government authorities involved in promotion, approval and monitoring of agricultural investments)
• Responsible governance of tenure: a technical guide for investors (designed primarily for investors in agricultural land)
Other forthcoming capacity development materials:
• E-learning course on agricultural investment (available as public good towards the end of 2015)
• A new learning programme on agricultural investment in 5 countries (available in 2016)
2. Capacity development “Package” Technical Guides and e-learning
