The Right to Land The Right to Land is an emerging right not yet recognized in any IL text with binding force. UN Habitat is welcoming all efforts toward.

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Presentation transcript:

The Right to Land The Right to Land is an emerging right not yet recognized in any IL text with binding force. UN Habitat is welcoming all efforts toward the international recognition of the Right to Land, in particular for its connection with the Right to Adequate Housing (M. Khotari, GC24/2 Add7 2013). A part from housing policies implications, the Right to Land is relevant for its implications in the following areas: Land as financial asset Agricultural use linked to food production Environmental concerns Cultural implications and rights of indigenous people 20/04/2015

IL on the Right to Land The Right to Land is an emerging right mentioned in many IL texts for its relevance: ILO 169 Convention on the rights of indigenous and tribal people (1989): The right of indigenous people to their land and territories and their right to participate in their use, management and conservation of their resources The right of indigenous people to be consulted before any use of resources on their land and the prohibition of displacing them from their territories 20/04/2015

IL on the Right to Land ILO C117: States have an obligation to control alienation of agricultural land to non agricultural actors CEDAW: Protection of women in rural areas and their rights over the land UN Declaration on the Rights of Indigenous people Predominant place to the relationship between indigenous people and their land 20/04/2015

IL on the Right to Land CCPR & CESCR Gen Comments: Right to self determination and not to be deprived of means of subsistence connect with the right to land Committee on the Elimination of Racial Discrimination Discrimination with regards to access to land property rights 20/04/2015

Understanding Human Rights in Cities - Training Workshop - SESSION 3 Right to Land (Draft) May 2015 The Right to Land: The Right to Land is not recognized under IL as an independent human right The lack of recognition is mainly due to controversial factors and unresolved points, among which: Re-distribution policies of agricultural land (i.e. Latin America) Key importance of agricultural land for food production (alienation to non-agricultural developers, famine crisis, etc.) Access to land by women, youth Right of indigenous people over their land and territories Private property v. social function of land (i.e. Latin America) Security of tenure of informal land rights 20/04/2015 UN Habitat, Housing Unit, HSUB