Natural Resources Management and Environment Department FOOD AND AGRICULTURE ORGANIZATION OF THE UNITED NATIONS. Finding Common Ground

Transcription

1 Natural Resources Management and Environment Department FOOD AND AGRICULTURE ORGANIZATION OF THE UNITED NATIONS Finding Common Ground

2 Natural Resources Management and Environment Department FOOD AND AGRICULTURE ORGANIZATION OF THE UNITED NATIONS Zero Draft of the Voluntary Guidelines on Responsible Governance of Tenure Paul Munro-Faure, FAO 19 April 2011

3 Why is the GOVERNANCE OF TENURE important? Governance of tenure can be the cause of problems: Insecure tenure leaves people marginalized and vulnerable to eviction from their land Inappropriate tenure policies lead to over-exploitation and over-grazing Many problems with access to land and other natural resources arise because of weak governance Attempts to address tenure problems are affected by the quality of governance

4 What are VOLUNTARY GUIDELINES? Voluntary Guidelines set out principles... provide a benchmark... are voluntary... do not replace laws or treaties

5 Voluntary Guidelines - Governing Bodies and Program th COAG noted the work on the VGs 35 th CFS asked work to be reported 36 th FAO Conference adopted VGs as part of the SOF in MTP PWB Member Country Briefing 139 th FAO Council expressed support COFO featured VGs in a session on Forest Governance 36 th CFS endorsed development, established the OEWG, and asked VGs for the consideration of the 37 th CFS

6 Voluntary Guidelines - Governing Bodies and Program 2011 Member Country Briefing Public Reading of the Zero Draft Continued theme in PWB th session of CFS

7 Natural Resources Management and Environment Department FOOD AND AGRICULTURE ORGANIZATION OF THE UNITED NATIONS How are the Voluntary Guidelines PREPARED? 15 consultation meetings (Sept Nov 2010) 1000 people from 133 countries Public sector, civil society, private sector and academia

8 How are the Voluntary Guidelines PREPARED? Each consultation resulted in an ASSESSMENT looking at: Issues of governance of tenure in the region/sector Actions to be taken into account by the VGs Assessments are published on Internet Results are summarised in an OUTCOME DOCUMENT Taken as a basis for the development of the Zero and First Drafts of the Voluntary Guidelines Available in all FAO languages

9 What made the BROAD CONSULTATION possible? Financial support by Germany IFAD Switzerland Finland FAO regular program support NR, LEGN, ES, FO, FI Member country hosts Brazil, Burkina Faso, Ethiopia, Jordan, Namibia, Panama, Romania, the Russian Federation, Samoa and Viet Nam Partners FIAN, ILC, AU, UN HABITAT, GIZ, WB, FIG, RICS, CSN, UNDP...

10 How are the Voluntary Guidelines PREPARED? Preparation of the Zero Draft: (1 Dec April 2011) By VG Secretariat noting: Assessments National sovereignty, and cultural and religious sensitivities and diversities Existing regional processes such as the African Land Policy Initiative Ensuring consistency and complementarity with RAI

11 The Voluntary Guidelines on GOVERNANCE of TENURE? The Voluntary Guidelines provide a framework that: Sets out principles and internationally accepted practices Guides the preparation and implementation of policies and laws They follow the models of: Voluntary Guidelines on the Right to Food Code of Conduct of Responsible Fisheries

12 What is the TIMELINE for finalizing the Voluntary Guidelines? 15 April: Publication of the zero draft Secretariat 18 April 16 May: Review of the zero draft; Secretariat briefing for the regions available upon request May: Production of first draft 1 June: Submission of the first draft to the Open Ended Working Group of CFS OEWG work 2 June 24 July: Regional and stakeholder reviews, etc of the first draft July: Review of first draft in CFS led negotiations 12 August: Submission of the final draft for the consideration of CFS October: Consideration by CFS April May June July August September October

13 How was the Zero Draft PREPARED? Through Inclusive process Open, global, partnerships and wide participation Secretariat conclusion The Zero Draft is based on the findings of the consultation meetings

14 How was the Zero Draft PREPARED? The consultations showed strong and broad consensus for a common framework to address governance of the tenure of land, fisheries and forests. The proposed title for the Voluntary Guidelines is thus: Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests. This is more precise than the original working title: Voluntary Guidelines on the Responsible Governance of Tenure of Land and other Natural Resources.

15 What is in the ZERO DRAFT of the Voluntary Guidelines? Structure: A sequential approach how general cross-cutting issues in tenure are dealt with how tenure rights and duties are recognised and allocated how those rights can then be transferred or altered how all aspects of tenure (rights, valuation, planning) are administered how tenure is a key issue in responses to emergencies implementation, monitoring and evaluation

16 What is in the ZERO DRAFT of the Voluntary Guidelines? General matters Several core approaches should be addressed in all aspects of the governance of tenure of land, fisheries and forests. These are identified in the Guidelines in the section (Part 2) addressing general matters: Guiding objectives and principles of responsible tenure governance Rights and responsibilities Policy, legal and organizational frameworks Delivery of services

17 What is in the ZERO DRAFT of the Voluntary Guidelines? Legal recognition and allocation of tenure rights and duties Jurisdictions usually provide bases for legal recognition of tenure rights of land, fisheries and forests where appropriate; and provide methods for the first allocation of tenure rights to resources that are owned or controlled by the state/public sector. Issues addressed in this section (Part 3) of the Guidelines include: Safeguards Public natural resources Indigenous and other customary tenure Informal tenure

18 What is in the ZERO DRAFT of the Voluntary Guidelines? Transfer and other changes to tenure rights and duties Governance of tenure is a key question when existing rights and associated duties are transferred or reallocated through voluntary and involuntary ways. Mechanisms for transfer and change are addressed in this section (Part 4) of the Guidelines: Markets Investments and concessions Land consolidation and other readjustment approaches Restitution Redistributive reforms Expropriation and compensation

19 What is in the ZERO DRAFT of the Voluntary Guidelines? Administration of tenure Administration of tenure includes those functions that are at the heart of the governance challenge. Guidance on responsible governance relating to these are addressed in this section (Part 5) of the Guidelines: Records of tenure rights Valuation Taxation Regulated spatial planning Resolution of disputes over tenure rights Transboundary matters

20 What is in the ZERO DRAFT of the Voluntary Guidelines? Responses to emergencies Catastrophic events of all kinds, whether natural or man-made, result in displacements, loss or destruction of records, etc and thus greatly affect tenure. Strategies for responsible governance of tenure in anticipation of, during and following such events are addressed in this section (Part 6) of the Guidelines : Climate change Natural disasters Violent conflicts

21 What is in the ZERO DRAFT of the Voluntary Guidelines? Implementation, monitoring and evaluation Progress in the implementation of the guidelines is expected to be of interest to many stakeholders, and therefore approaches to monitoring and evaluating progress will need to be developed and put into effect. Issues in this context are addressed in this section (Part 7) of the Guidelines. Encourage collaborative efforts to promote and implement VGs Monitoring and evaluation through participatory approaches Networking and sharing of experience Reviewing of the Voluntary Guidelines

22 What are the NEXT STEPS? e-consultation 18 April - 16 May (Input will be used in the preparation of the first draft.) Arabic, Chinese, English, French, Russian and Spanish Open to all interested parties - Government ministries and agencies - Civil Society Organizations - Private sector How to provide comments? - Visit e-consultation website: consultation/en - Comment through website or VG-tenure@fao.org

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24 After ADOPTION? Implementation Voluntary Guidelines include a wide range of accepted practices for improving governance of tenure. Implementation is expected to be selective and progressive, according to national priorities and circumstances. Holistic and participatory approaches, including governments, civil society and the private sector, are encouraged. FAO will continue the spirit of collaborative partnership in the consultation stage into implementation initiatives, and will be seeking further resources for dissemination, piloting and larger scale implementation.

25 Natural Resources Management and Environment Department FOOD AND AGRICULTURE ORGANIZATION OF THE UNITED NATIONS Thank You!

26 Natural Resources Management and Environment Department FOOD AND AGRICULTURE ORGANIZATION OF THE UNITED NATIONS Finding Common Ground