Solutions for Land, Housing, and Health ● From Commitments to Improved Practice Karol C. Boudreaux Land Tenure and Resource Rights Practice Lead

Company Commitments Let’s recognize progress Commitment language tracks UNGP Land rights, not just for Indigenous People, are increasingly recognized under the human rights umbrella We are at early stages

We’re not there yet… Early assessments need to improve: Specify the methodology being used Look behind & beyond title documents Identify ALL affected stakeholders Engage with stakeholders through KII/FG discussions Report findings & publish your data Understand traditional livelihoods, access to resources Identify which rights are at risk Check settlement patterns, resource use against geospatial data

Coca-Cola’s Guatemala Assessment* Concerns identified in the Assessment: Land disputes prevalent Highly unequal land holdings History of violence against land activists Displacement of indigenous peoples for commercial purposes Poor enforcement of laws Industry influence on politics Assessment Shortcomings : Ex-post; there is no baseline What is behind the titles? Prior consultation? Compensation? Do indigenous peoples’ groups agree? Do women’s groups agree? Conclusion is not supported by the evidence presented * on-child-and-forced-labor-and-land-rights-in-guatemalas-sugar-industry.pdf

Getting to better solutions Assessments need to dig deeper, adopt a tenure lens Engage with customary & informal systems Support participatory mapping Recognize communities are not homogenous Women, youth, vulnerable/minority groups often have discrete rights & require separate, specialized engagement Leverage geospatial information Work to develop partnership opportunities Encourage host governments to address legal gaps

Additional steps to mitigate conflicts Pro-active Better policies, practices, training Multi-stakeholder processes mean you need to do stakeholder analysis Think small Avoid conflict/red-flag areas Reactive Support independent para-surveying, paralegals Raise awareness of rights Be a voice of change with the government And ask: How can you improve the human rights situation?

Expanding resources Newer Guidance documents: UNGP Reporting Framework FAO Technical Guides for VGGT AU/LPI’s Guiding Principles on Large-Scale Land-based Investments in Africa USAID’s Operational Guidelines for Responsible Land-based Investment French Development Agency’s Guide to due diligence of agribusiness projects FAO-OECD Guidance for Responsible Agricultural Supply Chains IISD Guide to Negotiating Investment Contracts for Farmland & Water Global Witness/ILC/Oakland Institute Dealing with Disclosure Landesa’s “Playbooks”

Looking ahead We should expect improved assessments Land tenure professionals can help: Developing enhanced HRIA modules on land rights As a cross-cutting issue (property, cultural heritage, livelihoods, env’t, housing) Creating indicators to track and measure progress against commitments Translating guidance into action Engaging with activist shareholders to drive agenda Engaging with companies to expand internal capacity Not just to reduce risk but to truly build shared value

Thank you Karol C. Boudreaux