CRFM-CNFO-CTA Fisheries Policy Workshop, 7-8 Oct 2013

FAO Voluntary Guidelines on the responsible governance of tenure of

land, fisheries and forests in the context of national food security

Milton HaughtonExecutive Director

Tenure Guidelines

Voluntary Instrument – like Code of Conduct Committee on World Food Security – Adopted May

2012 Objective – improve governance of tenure Sets out principles and internationally accepted

standards for best practice Strongly based on human-rights approach,

including realizing the right to food Framework for countries to use in developing

policies, laws, programmes and activities

What are Tenure Systems?

Systems by which access to and use of land, fisheries and forest is defined and regulated

Determine who can use, manage and control resource For how long Conditions

System may be:formal written policies and lawsUnwritten customs, tradition & practice

Tenure Rights in Fisheries?

• Long history of customary tenure rights of community– often based on access right to fish in certain areas

and combined with land tenure• Informal tenure rights lack legal recognition but can

still be legitimate• Formal tenure rights relatively new concept

– Evolving– combining the concept of rights-based fisheries

management (RBFM) + human rights-based approach to development

Why is governance of tenure in Fisheries Important?

Growing population, over-fishing, environmental degradation, increased competition, climate change, = declining resource, conflict.

Inadequate and insecure tenure rights increases- Vulnerability- Displacement of weak and marginalized- Poverty and hunger- Conflict and social problems

Why is governance of tenure in Fisheries Important?

Fishing communities need secure tenure rights to: fishery resources land where they live and other resources they depend on for their livelihoods

Secure tenure rights provide fishers : more secure livelihoods greater control over their future enhance contribution to poverty alleviation, food security,

and equitable economic growth – for the benefit of coastal and rural communities and for society at large

Objectives and Principles Objective:For benefit of all, emphasis on vulnerable & marginalized Goals of food security & progressive realization of the right to adequate food, poverty eradication, sustainable livelihoods, social stability, housing security, rural development, environmental protection and sustainable social & economic development.

Principles•Based on human rights and good governance •Take a livelihoods approach and recognise the need for dual rights (fishery resources and land)

Allocation, Transfer, Administration Recognition and allocation of rights and duties

-What type of rights should be given to whom?–Permanent rights? Transferable rights?–Criteria for allocation of rights

Transfer and changes to tenure rights and duties- Sets out duties of state and others

Administration of tenure-Responsibilities of States include provision of competent, timely, fair, accessible and non-discriminatory services to settle disputes

Process of Preparation of TG

Process of consultation / negotiation– LAC level consultation usually not adequate– Limited involvement of fisheries interest– Low level of awareness

Contrast with process re SSF Guidelines

Tenure Issues

Fishers / communities face enormous challenges Increasing competition for coastal land & waterTrend of displacement – from traditional land and sea space - tourism, oil & gasIn the name of ‘development’ or ‘greater public good’MPA and promises of Alternative livelihoods

Tenure Issues

Tenure rights in fisheries – largely informal

– Legitimate but not legally recognized

– Beach Land and forest used by fisher often owned by government or private owners – with legally secure tenure

Benefits of TG

Good tool to achieve improved security of tenure for SSF and realize right to foodMore secure access and controlPositive impact on livelihood of stakeholdersIncreased sense of security & responsibilityIncreased revenue via taxationUse as an advocacy tool

Implementation

• Provisions not equally relevant/applicable • Significant effort needed to allocate, recognize

& secure tenure rights of fishers/ communities• Reforms needed:

– Policies, legislation, institutional frameworks re land use, fisheries, coastal & marine resources

• Integrated/EBM approach to Governance – Land, mangrove forest, marine space– Tourism, agri, shipping, fisheries

Implementation

• Voluntary - but still influential, - concept of “voluntary” can be deceptive

• Awareness building at regional national levels – - Very important- facilitate informed dialogue and discussion among

stakeholders• Build consensus re relevant principles and

actions for region• Political will to implement

Way Forward • Proper assessment of the existing tenure

systems (both at a regional and national level)• To know what rights (customary & informal) exist• Clearly identify stakeholders

• Sensitization (stakeholders, politicians, technical personnel)

• Capacity building: trainer of trainers• Mobilization of resources • Any approach to tenure systems in the Region

should be integrated and holistic.

Conclusion

• THE GUIDELINES CAN WORK TO THE REGION’S ADVANTAGE AS IT RELATES TO ACHIEVING REASONABLE TENURE ARRANGEMENTS AND ADEQUATE TENURE SYSTEMS

• Can revolutionize the thinking of tenure systems in the Region.

• Financial support CRITICAL for implementation

Thank you !!

Sources:•Regional workshop – Guyana (June 2013)•FAO Power point presentation (Executive Committee meeting (Sept 2013)•Text of the VG