1. RESPONSIBLE GOVERNANCE OF TENURE OF LAND, FISHERIES AND FORESTS Voluntary Guidelines on the in the context of national food security Livingstone May 4 th 2016 Valere NZEYIMANA Land and Water Officer FAO SFC

2. Outline 1. Rationale 2. VGGTs development Process 3. Contents 4. Implementation 5. Lessons learned 6. Way Forward Part 1: Part 2:

3. VGGTS Part 1: What are the VGGT?

4. 1.2 billion people worldwide live without permanent shelter, land access and control or formal real property rights Land governance issues are strongly linked to key challenges and issues such as land degradation, food and water shortages, poor urban planning and development, informal settlement and slums,… 1. Rationale

5. Discrimination n Land tenure rights not recognized Bribery and Corruption Forced eviction State capture Inequitable access Limited capacity Contradictory policies and laws/Dualism Weak governing institutions Increasing competition for land and other natural resources: High Population growth Poor Urbanization High Demand for energy Change in Diets Problems of tenure and weak governance Expensive and difficult procedures Lack of accountability or transparency

6. Improving land tenure governance: lead to secure access and control to land and other natural resources encourage responsible investments in land, stimulate agriculture development and transformation and increase food security

7. 2. The VGGTs Development Process RESEARCH and NETWORKING 2000-2008: Thematic Studies Experts Group meetings CONSULTATIONS 2009 – 2010: Multi-stakeholders DRAFTING the VGGTs 2011 (January – June) 1. CONSULTING ACTORS

8. The VGs Development Process (Cont’d) 2. NEGOTIATING A RELEVANT TEXT NEGOTIATIONS 2011 – 2012 (July, October, March) ENDORSEMENT by CFS 11 May 2012

9. 9 AN UNPRECEDENTED INTERNATIONAL AGREEMENT ON TENURE GOVERNANCE Endorsed by CFS in May 2012 Application encouraged by G8, G20, Rio+20, APEC, Francophone Parliamentary Assembly, UN General Assembly and Berlin Agriculture Ministers’ Summit Partners like the W.B, UN-Habitat, UNECA/AU/AfDB/LPI, Oxfam, Landesa, ILC, Private sector (Coca-Cola Co; Pepsi Co,..) “a milestone achievement.” José Graziano da Silva, Director General, FAO “an historical momentum.” Alberta Guerra, Food Policy officer, Action Aid International

10. 3. The VGGTs CONTENTS

11. What are the Guidelines about? How people get access to natural resources. Who can use what resources, for how long, and under what conditions Tenure Responsible Governance To support the sustainable use of land, fisheries and forest resources and care for the environment.

12. Public, private, communal, collective, indigenous and customary. Ownership and other rights to use the natural resources. All forms of tenure

13. For the benefit of all people. There is an emphasis on people who are vulnerable and marginalized. To improve governance of tenure What are the Guidelines for?

14. And also… poverty eradication, sustainable livelihoods, social stability, housing security, rural development, environmental protection and sustainable social and economic development. To improve food security Why is there a need to improve the governance of tenure?

15. Guidance which applies to all sections Part 2 : General Matters Provides overall guidance: Guiding principles. Tenure rights. Policy, legal and organizational frameworks. Delivery of services. Part 1 : Preliminary Sets the direction: Objectives Nature and scope

16. RECOGNIZE AND RESPECT legitimate holders of tenure rights, and their rights. SAFEGUARD legitimate tenure rights against threats. PROMOTE AND FACILITATE the enjoyment of legitimate tenure rights. PROVIDE access to justice to deal with infringements. PREVENT tenure disputes, conflicts, and opportunities for corruption. Contents of the Voluntary Guidelines GENERAL PRINCIPLES

17. Human dignity Non-discrimination Equity and justice Gender equality Holistic and sustainable approach Consultation and participation Rule of law Transparency Accountability Continuous improvement Contents of the Voluntary Guidelines PRINCIPLES OF IMPLEMENTATION

18. Part 4 : Transfers and other changes to tenure rights Markets. Investments. Readjustments. Restitution. Redistributive reforms. Expropriation. Part 3 : Legal recognition and allocation of tenure rights Safeguards Public lands, fisheries and forests Indigenous peoples and others with customary tenure Informal tenure

19. Part 5 : Administration of tenure Records of tenure rights. Valuation. Taxation. Regulated spatial planning. Resolution of disputes over tenure. Transboundary matters.

20. Part 7 : Promotion, implementation, monitoring and evaluation Part 6 : Responses to climate change and emergencies Climate change. Natural disasters. Conflicts.

21. More information DOWNLOAD THE VGs www.fao.org/nr/tenure SUBSCRIBE TO NEWSLETTER VG-tenure@fao.org

22. End Of Part 1

23. THE VOLUNTARY GUIDELINES ON THE RESPONSIBLE GOVERNANCE OF TENURE OF LAND, FISHERIES AND FORESTS IN THE CONTEXT OF NATIONAL FOOD SECURITY ORGANISATION DES NATIONS UNIES POUR L’ALIMENTATION ET L’AGRICULTURE Part 2: THE VGGT, A FRAMEWORK TO FACE THE CHALLENGE OF LAND TENURE AROUND THE WORLD

24. 4. Implementation The real value of the VGGTs will be determined by their contribution to changes in the lives and livelihoods of men and women around the globe, particularly the vulnerable and marginalized

25. Who can use the VGGT? Administrator s Investors Communities Professional s Civil society Courts Academia Policy makers University Government agencies A useful tool for all stakeholder groups

26. VGGT as a National Tool Assess reality on the ground Assess legal / policy / institutional framework Design / revise policies and laws Build capacity for implementation IMPROVED TENURE GOVERNANCE Provide access to justice Prevent disputes, conflicts and corruption Promote and Facilitate Safeguard and protect against threats Recognize and respect Open inclusive discussion on what rights are legitimate VGGT IMPLEMENTATION States - Government Agencies - Civil Society - Private Sector - Academia

27. FAO VGGT Global Implementation Programme - 5 Pillars D. Partnerships E. Monitoring A. Awareness raising B. Capacity development C. Support to countries

28. A. Awareness raising: National Workshops Gabon Gambia Guinea Liberia Madagascar Malawi Niger AfricaAsia China Burma/Myanmar Mongolia Nepal Pakistan Latin America Guatemala Colombia Peru Nigeria Senegal Sierra Leone South Africa Uganda Rep of Congo Central African Rep Plus: Awareness raising through: Conferences, meetings, briefings, website, newsletter, technical journals, television and radio interviews, promotional videos, etc.

29. B. Capacity Development Tools Technical guides Capacity development materials Learning programs (country based) A growing suite of resources to support the implementation of the VGGT… Technical guides and tool kits; e-learning modules were developed and made accessible to various users

30. 30 GOVERNANCE OF TENURE TECHNICAL GUIDES E-LEARNING PROGRAM GENDERFORESTRY INDIGENOUS PEOPLE AGRICULTURE INVESTMENT FISHERIES MORE TO COME SITUATION ASSESSMENT RECOGNITION OF RIGHTS DIPSUTE RESOLUTION VALUATION & TAXATION TRANSPARENCY MARKETS & INVESTMENT AND OTHERS B. Capacity Development Tools

31. B. Capacity development Tools: Technical Guides Available/Forthcoming Underway 1.Gender (EN/FR/SP) 2.Governance of Forest Tenure (EN/FR/SP) 3.FPIC (EN/FR/SP) 4.Agricultural Investments 5.Governance of Small- Scale Fisheries Tenure 6.Private Sector 7.Legal Implications 8.Tenure of Commons 9.Pastoralism & Rangelands 10.Enabling Technologies 11.Registration 12.Valuation

32. B. Capacity Development Tools: other materials 1.E-learning Curriculum http://www.fao.org/elearning/#/elc/en/courses/ VGGT 2. Manual for Civil Society Organizations Learning Programmes 1.Learning Programmes:  Voluntary Guidelines  Gender and Land  Agricultural Investments 2.Capacity Development: Civil Society Organizations Indigenous Peoples

33. Under Development Introduction to the responsible governance of tenure Addressing corruption in the tenure of land, fisheries and forests Addressing disputes and conflicts over the tenure of natural resources Tenure issues in the context of natural disasters Managing changes and tenure reforms Available in English, French and Spanish with Arabic (DFID) to follow. Spatial planning Agricultural investments (governments) - DFID Making tenure rights more secure Assessing country situation with respect to the VGGT Gender and land E-learning 16 courses Respecting free, prior and informed consent (FPIC) - Germany Valuation and taxation Monitoring and promoting policy change Responsible agricultural investments for private sector - Italy Assessing country situation with respect to the VGGT Markets Planned

34. VGGT Learning Programmes 2015-17 (multi-stakeholder) Comprehensiv e VGGT Learning Programmes covering the topics from the e-learning curriculum. Learning needs assessme nt Online collaborat ive workshop Face 2 face workshop Post- workshop online mentorin g Theme-based learning programmes on the thematic guides on Gender and Agricultural Investment. Each learning programme includes 4 main components in each country: Mongolia, Nepal, Liberia/Sierra Leone, and Ethiopia (Germany) Mongolia, Liberia/Sierra Leone, South Africa and Uganda (Germany/DFID)

35. C. Support to countries Africa Region – Support to AU/UNECA/AfDB Land Policy Initiative (financial support from SDC/EU) Global support: 10 + 8 Country transversal support (financial support from EU); Plus implementation in Kenya, Somalia, Pakistan, Sudan, Colombia, Guinea Bissau Senegal River Basin (Germany) Improve governance of tenure and accountability in the context of new investments in agriculture being made by public and private investors Sierra Leone – Multi-sectoral (Germany) Legal Assessment; Land Administration; Fisheries & Aquaculture; Forestry; Right to Food Nigeria & Uganda (DFID) Open source software / Governance of Tenure / community forest tenure China, India & South Africa (DFID) Awareness & extraterritorial investment Others: World Bank: 36 countries including UNECE Region FAO Technical Cooperation Programme: Bhutan, Namibia, Philippines, SOLA implementation in Lesotho, Nepal, Nigeria (7 states), Samoa, Tonga SOLA Open Tenure software development in Cambodia, Guatemala and Uganda

37. D. Partnerships Plus – Many formal & informal partnerships with other stakeholders Global Donor Working Group On Land Resource Partners LPI-AU/UNECA/AfDB

38. E. Monitoring and evaluation LGAF (testing) LGAF (testing) Global Donor Working Group On Land

39. E. Monitoring and Evaluation Encouraging Country Assessments through Publications (e.g. LTWP 22) and e-learning courses; FAO Framework for Assessing and Monitoring Forest Governance; Land Governance Assessment Framework LPI/ M&E Framework

40. 5. Lessons learned so far Global recognition and take-up is unprecedented. As awareness is increasing, so is demand – but this is patchy. Sensitivity of tenure governance requires sensitive liaison with governments – FAO comparative advantage in providing a neutral forum. The broad nature of the VGGT requires a uniquely broad approach – inter-disciplinary; from governments to grass-roots, innovative approaches and new ways of collaborating between stakeholders. Implementation programme is now creating positive examples of impact of VGGT at country level. The complexities & sensitivities mean bringing about change will take time.

41. 6. Way Forward Create synergies with other initiatives (e.g. LPI, LGAF, UN-Habitat/Post 2015 Agenda/ SDG, Africa 2063) Exchange of experiences Develop tools and support capacity development NATIONAL, REGIONAL and GLOBAL LEVELS

42. 6. Way Forward (cont’d) Create synergies with other initiatives (e.g. LPI, LGAF, UN-Habitat/Post 2015 Agenda/ SDG, Africa 2063) Exchange of experiences Develop tools and support capacity development NATIONAL, REGIONAL and GLOBAL LEVELS Assess the situation of governance of tenure Define and address priorities Establish systems for monitoring and evaluation CREATE INCLUSIVE AND PARTICIPATORY PLATFORMS

43. More information DOWNLOAD THE VGs www.fao.org/nr/tenure SUBSCRIBE TO NEWSLETTER VG-tenure@fao.org

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