Responsible Land Governance in Partner Countries What can donors do at home? Dr. Babette Wehrmann Washington, 17 March 2016

Home governments are called upon to ensure that land related investments emanating from their soil are responsible!

Home governments are called upon to ensure that land related investments emanating from their soil are responsible “Where transnational corporations are involved, their home States have roles to play in assisting both those corporations and host States to ensure that businesses are not involved in abuse of human rights and legitimate tenure rights. States should take additional steps to protect against abuses of human rights and legitimate tenure rights by business enterprises that are owned or controlled by the State, or that receive substantial support and service from State agencies” (VGGT, 3.2). “When States invest or promote investments abroad, they should ensure that their conduct is consistent with the protection of legitimate tenure rights, the promotion of food security and their existing obligations under national and international law, and with due regard to voluntary commitments under applicable regional and international instruments” (VGGT, 12.15).

How to create policy coherence?

The starting point Home governments play different roles Home governments have obligations Home governments have a reputation to loose

The starting point Home governments play different roles Donor Business partner Promoting agent official state partner Home governments have obligations Home governments have a reputation to loose

The starting point Home governments play different roles Home governments have obligations VGGT Human Rights Code Maastricht Principles UN Business and Human Rights G7 commitmentsEU Directives Home governments have a reputation to loose

The starting point Home governments play different roles Home governments have obligations Home governments have a reputation to loose

The task – in general 1.Aligning different understandings of and approaches to land policy 2.Aligning responsible land governance and other policy areas and objectives

The task – in general 1.Aligning different understandings of and approaches to land policy 2.Aligning responsible land governance and other policy areas and objectives Preventing evictions / land grab Sustainable use of land Enabling markets, increasing land values, generating public revenues

The task – in general 1.Aligning different understandings of and approaches to land policy 2.Aligning responsible land governance and other policy areas and objectives Preventing evictions / land grab Sustainable use of land Enabling markets, increasing land values, generating public revenues Development cooperationExport promotion

The key challenge Human rights based sustainable development Economic efficiency and economic growth

The key challenge VGGT $

The key challenge VGGT $

The key challenge Human rights based sustainable development Economic efficiency and economic growth

The task – in detail Aligning a diverse bunch of policies, approaches and action: Different donor policies and approaches Public procurement Public as well as private investment Finance International trade Mining Environmental protection Grievance mechanisms, ombudsmanship

A road map to more policy coherence on land governance

Measures to create support and ownership Measures donors can directly initiate Potential contributions to ongoing processes

Measures donors can directly initiate

Get your own house in order!

Measures donors can directly initiate Get your own house in order! Establish mandatory regulations on land governance for ODA Ensure that the VGGT (above regulations) are known by technical staff and decision-makers Analyze sector policies Brief staff Analyze and adjust procurement standards Target embassies

Measures donors can directly initiate Get your own house in order! Good practice: French “Guide to due diligence of agribusiness projects that affect land and property rights”

Measures donors can directly initiate Cooperate with those national entities that provide public support to land-based investments abroad to ensure that the standards linked to their support include responsible land governance!

Measures donors can directly initiate Cooperate with those national entities that provide public support to land-based investments abroad to ensure that the standards linked to their support include responsible land governance! Implementing agencies Public and private export credit agencies/banks Overseas investment insurance companies Private corporate consulting companies that handle public export support

Measures donors can directly initiate Cooperate with those national entities that provide public support to land-based investments abroad to ensure that the standards linked to their support include responsible land governance! Conduct a gap analysis of the safeguards Develop recommendations on safeguards Push for the topic to be discussed at Board meetings Start with those entities that have a financial interest to cooperate Get involved in the work of the international working group on standards for public export finance Get involved in the work of OECD Working Party on Export Credits and Credit Guarantees

Measures donors can directly initiate Cooperate with those national entities that provide public support to land-based investments abroad to ensure that the standards linked to their support include responsible land governance! Good practice: Gap analysis of IFC PS / WB safeguards and VGGT to ensure that KfW and DEG comply with VGGT

Measures donors can directly initiate Establish cooperation with the department/ministry responsible for the negotiation of bilateral trade and investment agreements!

Measures donors can directly initiate Establish cooperation with the department/ministry responsible for the negotiation of bilateral trade and investment agreements! Identify the person/unit within the donor ministry who/that is involved in interministerial consultations and raise awareness

Measures donors can directly initiate Establish cooperation with those entities that set rules and provide guidance for the private sector to ensure their alignment with the VGGT!

Measures donors can directly initiate Establish cooperation with those entities that set rules and provide guidance for the private sector to ensure their alignment with the VGGT! Ministry of economy and foreign trade Ministry of agriculture Ministry of miningMinistry of construction Chambers of industry and commerce

Measures donors can directly initiate Establish cooperation with those entities that set rules and provide guidance for the private sector to ensure their alignment with the VGGT! Promote the application of VGGT and private sector guides/ due diligence frameworks Identify existing regulations which could be used/extended to cover land governance Jointly analyze the relevant policies in view of their consistency with the VGGT Develop a strategy on responsible land-based investments Reach out to domestic business abroad Link VGGT implementation to discussions on CSR

Measures donors can directly initiate Establish cooperation with those entities that set rules and provide guidance for the private sector to ensure their alignment with the VGGT! Responsible land governance should be equally discussed as a CSR issue, an element of due diligence, and part of extraterritorial duties. Reference should be made to the existing international instruments, in particular by OECD, as those are highly respected among private businesses and “their” ministries.

Measures donors can directly initiate Establish cooperation with those entities that set rules and provide guidance for the private sector to ensure their alignment with the VGGT! Good practice USA: Incorporating land tenure security for artisanal miners into the Kimberley Process

Measures donors can directly initiate Push for the adjustment of the safeguards of intergovernmental organizations, in particular, international finance institutions!

Measures donors can directly initiate Initiate, promote and/or support effective remedies for negative impact on legitimate tenure rights by business enterprises originating from your country!

Measures donors can directly initiate Initiate the establishment of an agreed common objective!

Potential contributions to ongoing processes

Potential contributions to ongoing processes Get actively involved in ongoing key processes at the national level!

Potential contributions to ongoing processes Get actively involved in ongoing key processes at the national level! Preparation/negotiation of coalition treaty Preparation of national action plan on business and human rights National implementation of SDGs Screening of commodity standards EU only: transformation of the CSR due diligence reporting into national law

Potential contributions to ongoing processes Get actively involved in ongoing key processes at the national level! Good practices and lessons learnt German coalition treaty US National action plan

Potential contributions to ongoing processes Get actively involved in ongoing key processes at the international level to reach other public sectors from above as well as private enterprises!

Potential contributions to ongoing processes Get actively involved in ongoing key processes at the international level to reach other public sectors from above as well as private enterprises! Global reporting initiative adding a land indicator Operationalization of the FAO-OECD Guidance for Responsible Agricultural Supply Chains EU only: Get involved in foreign trade policy-making Advocate for EU Land Governance Regulations

Potential contributions to ongoing processes Get actively involved in international and national discussions on extraterritorial state duties!

Potential contributions to ongoing processes Get actively involved in international and national discussions on extraterritorial state duties! Extent the discussion to also include the issue of economic criminal law.

Measures to create support and ownership (networking and advocacy)

Measures to create support and ownership Join with willing actors from the public and private sectors and civil society, and develop a joint strategy on how to influence all relevant policy areas, and ongoing and future key processes!

Measures to create support and ownership Join with willing actors from the public and private sectors and civil society, and develop a joint strategy on how to influence all relevant policy areas, and ongoing and future key processes! Good practices: Linking policy making with research French Technical Committee Dutch LANDac

Measures to create support and ownership Set up a multi-stakeholder platform that looks at land governance at home and abroad!

Measures to create support and ownership Set up a multi-stakeholder platform that looks at land governance at home and abroad! Good practice: Dutch Land Governance Multi-stakeholder Dialogue (MoFA, Min. of Finance, Min. of Agri. and Economic Affairs, private sector incl. banks, knowledge institutes, and NGOs working in case teams)

Measures to create support and ownership Link the topic to a high priority issue of your government and the public!

Measures to create support and ownership Identify a respected key player and convince him/her to promote the topic!

Measures to create support and ownership Identify bodies that may be interested in the topic and may put it forward!

Measures to create support and ownership Identify bodies that may be interested in the topic and may put it forward! International departments of other ministries Inter-ministerial committees, e.g. on CSR Parliamentarians Parliamentary technical committees, e.g. on human rights, on economy, or on agriculture

Measures to create support and ownership Follow the formal procedures for policy coherence!

How to get started?

Identify all relevant policies that need to be aligned Identify all public and private bodies that have to be convinced Identify all ongoing and upcoming processes that need to be influenced Identify all stakeholders with whom you can join forces Set up a multi-stakeholder platform and become active Join forces with other donors to create an enabling international framework

Get them on your platform and bridge the gap!

Thank you for your attention! Would like to know more?