1. Community Rights Seminar DTNI & BCT 15th June 2017
Delivering Change in a Shifting Landscape: Future challenges and opportunities for the VCSE and its partners  
Community Rights Seminar
DTNI & BCT
15th June 2017

2. The BCT VCSE Futures Programme 2016 -2018
Substantial engagement with the sector, funders and policy makers to identify issues and actions
Commission and publication of thought provoking opinion pieces on relevant and topical issues
5 small projects through each of the original Trust partners supported

3. Why do this work?
Timely – big changes in NI – governance failure, Brexit, cuts
Fits within context of other initiatives – NPC State of the Sector – Inquiry into future of civil society in England
Desire of Building Change Trust to leave a legacy beyond the 5 themes
Trust started with consultation to shape its themes/strategy - what has changed in the last 8 years
Opportunity to use Trust’s networks and knowledge to help shape future interventions for sector – Trust has no selfish agenda beyond 2018

4. Overall Framing of the Futures Project Consultation events
To create the enabling environment that delivers the best outcomes for the people and places the VCSE sector works with:
From a Community Rights Perspective:
What specific actions can:
the sector take?
policy makers take?
funders take?

5. 12 Events - 350 + attending EMERGENT THEMES
Need a shared understanding of how the VCSE sector is defined - what is the the sector?; why does it matter?; how do we promote it?
How can the VCSE Sector achieve the best outcomes? - though co-design & co-production; through advocacy and challenge?
Collaboration– inter-sectoral; intra-sectoral.
Independence and Interdependence of the CVSE sector and other players – potential tensions between these

6. A Journey in Developing Community Rights
Peter Peacock
Policy Director
A Journey in Developing Community Rights

7. represents and networks community land owners 80+ members, and growing
7 yrs old
member organisation
represents and networks community land owners
80+ members, and growing
own 550,000 acres of land

8. Our context:
Among most concentrated private land ownership patterns in world
0.002% of population owns 60% of private land
private land 85% of Scotland
Concentrates:
Power
Wealth
Influence
Acts against greater social justice and equality

9. Motivated by combatting community decline:
Population
Employment
Local economy
Culture
About building better, more sustainable, places
Multi-functional businesses

10. providing land for housing building houses creating work-spaces
managing and planting commercial forests
running shops, bunk-houses, hotels
investing in infrastructure
energy
harbours & jetties
broadband
managing high value landscapes and tourism facilities

11. 1980s Assynt crofters bought estate struggle significant public cause
Where and when start?
1980s Assynt crofters bought estate
struggle
significant public cause
inspired some others
no rights

12. 1999 - Scottish Parliament opens Land and property policy devolved
Devolution
Scottish Parliament opens
Land and property policy devolved
Labour Government commitment to `land reform’ (Assynt link)
2003 Land Reform Act
- the start of a community rights based approach

13. right to roam anywhere in Scotland community right to buy land
2003 Act:
right to roam anywhere in Scotland
community right to buy land
crofting communities
rural <10,000
register an interest in land (includes properties)
first right of refusal when on market

14. Crofting communities: right to buy – even if owner unwilling to sell
requires consent of Ministers
must further sustainable development
in the public interest

15. But law complex to operate and deficient
limited to smaller rural areas (outside crofting areas)
limited to when land comes on the market
Campaign for further change in law to strengthen rights
Private owners very unhappy with debate
claim their human rights breached under ECHR

16. Pressure in Parliament for review of Land Reform Act
Scottish Government set up Land Reform Review Group (2011)
“Land is a finite and crucial resource that requires to be owned and used in the public interest and for the common good.”
Policy debate changes from private property rights to public interest and common good considerations

17. Meanwhile, more communities buying assets
the new laws and debate changing the operating environment
important court case won
purchases happening - “in the shadow of the law”

18. Government like what they see more local confidence
community innovation and enterprise
housing and jobs being created
more sustainable communities emerging
“Want more of this…”
Drive to the Community Empowerment Act 2015

19. Community Empowerment Act Reformed Land Reform Act 2003
community rights extended
any community can register interest in land (urban and rural)
Any community can buy – even if owner not want to sell:
abandoned
neglected
detrimental land

20. Campaigned to widen `compulsory’ right to buy
Real progress
But not enough!
Campaigned to widen `compulsory’ right to buy
2016 Land Reform Act added:
Community purchase right for “sustainable development”

21. Community Empowerment Act cont…
Community right to request transfer of public asset into community ownership or lease
local authorities
health authorities
forestry commission
any public body defined in Act
Must grant unless clear and sound reasons to refuse
Right of appeal to Ministers

22. Community Empowerment Act cont…
Community right to make “participation request”
Community engaged to redesign delivery of a public service
Must be taken seriously – complex procedures, but right exists

23. Human Rights considerations
Debate moved onto “public interest and common good” arguments following Land Reform Review Group
Land policy became a debate about fairness, social justice and equality
Not just property owners who have rights – the people have rights too!

24. Led us into Human Rights considerations Basic human rights to:
housing
employment
food
decent health
well-being
etc

25. Various international conventions speak to land issues
CLS amendments to 2015 and 2016 Act to tie Ministers into considering peoples human rights, when considering land policy
Now Ministers obliged to consider:
ECHR
ICESCR
Other human rights instruments
VGGTS (responsible tenure)
Guiding Principles on Business and Human Rights

26. Taken us into land responsibilities as well as rights
Ministers must produce a “Land Rights and Responsibilities Statement” to Parliament
Must consider in drafting this:
human rights
economic and social disadvantage
equalities

27. New debate about what are private owners responsibilities to communities
What happens if owners fail to meet responsibilities –new reason to trigger community rights to buy?
We arguing responsibilities should be defined in terms of specific human rights and wider social responsibility

28. Significant shift in land and property policy thinking
Conclusion:
Significant shift in land and property policy thinking
Shift to explicit community rights being established
Communities empowered to engage with land and property issues as never before
Much greater awareness of community rights to land

29. 180 pipeline applications to Scottish Land Fund currently
Conclusion cont…
180 pipeline applications to Scottish Land Fund currently
Fulfilling Human Rights now explicit within policy and law
Recognise Human Rights exist apart from domestic law
Our journey far from over – big agenda of further change being pushed!!

30. Thanks for listening!

31. 1. Social & Economic Rights Northern Ireland
Paddy Logue
DTNI Seminar
June 15th 2017

32. 2. The VCSE Sector NI
Shift in “equitable partnership” between Government and sector threatens independence forcing sector to dance to funders’ tune
Two tier sector emerging, the rich get richer…
Suspicions around funding of pet projects in devolved administration
Sector bogged down in dealing with the legacy of the conflict
Bulk of the work is the provision of services (many privatised) to the needy
Focus on needs of clients, not on the rights of equals
Activism and radicalism, protest and agitation, now rare
Sustainability a constant worry, morale at all time low

33. 3. From needs to rights, from rights to equality
This movement requires a dramatic change in the culture of VCSE sector:
It is community division, not social justice, that is setting the agenda of community development: the task is to reverse that
To move from service provision to a rights-based approach requires a re- think of the relationships in community development (co-production)
Needs analysis should reference social and economic rights (work; social security; family life; adequate food, clothing and housing; health; education; participation in cultural life)
Challenging injustice (i.e. seeking justice) by negotiation, legal action and evidence-based collective action

34. 4. Human Rights & Social Justice
Focus on rights of individual
Human rights approaches in court can challenge decisions
Strongest rights are civic and political rights, weakest are economic, social and cultural
Challenges State power
Making State bodies act in accordance with obligations
Orientated towards court challenges
Focus on community and collective action
Emphasis on process of building participation and challenging injustice
Concerned mainly with social and economic inequalities
Challenges State, private sector and individuals
Challenges exclusion of Section 75 groups
Social justice creates framework for understanding power relationships and building solidarity

35. 5. The Co-production Imperative
Co-production is based on four core values:
Assets i.e. the real wealth of society is its people
Redefining work i.e. work includes whatever it takes to rear healthy children, safe communities, caring for the frail, redressing injustice, making democracy work
Reciprocity i.e. replace top-down one way service with two way relationships: “you need me” becomes “we need each other”
Social capital i.e. social infrastructure requires ongoing investment in social capital generated by trust, reciprocity and community engagement
N.B. The essential element is the rights-based social justice perspective

36. 6. Specific Actions for VCSE Sector
Build capacity in the sector on the social justice approach to community development
Challenge funders/policy makers on the responsibilities that “equitable partnership” and real engagement with the community imply
Challenge the VCSE sector on the relationship inequalities implied in providing services to the needy, isolated and vulnerable
Challenge the VCSE sector to analyse power, to build solidarity around rights and to take effective and appropriate action
Build capacity in the sector to mount a campaign for an equitable legal framework to empower sustainable development and regeneration

37. 7. Reading Power Analysis Tool Kit, CFNI, 2014
Independence of VCSE Sector in NI, Building Change Trust. 2016
Social Justice Approach to Community Development, CFNI, 2012
Saving Money by Doing the Right Thing, Professor John Seddon, Locality Report, 2014
State of the Sector, NICVA, 2017
No more throw away people: the co-production imperative, Edgar Cahn, 2004
Pedagogy of the Oppressed, Paulo Freire, 1970