Francesca Romano, Land Tenure Officer, FAO, Rome

Tenure and Fishing Rights 2015 23-27 March Siem Reap, Cambodia

The Voluntary Guidelines on the Responsible

Governance of Tenure of Land, Fisheries and

Forests

Securing tenure rights in fisheries

Content

1. VGGT nature and approaches2. Why were the VGGT developed?3. Why are the VGGT relevant to fisheries4. VGGT content5. Who do the VGGT apply to?6. How can the VGGT be used? 7. Drawing on examples

State should recognize and respect all legitimate tenure right holders and their rights. They should take reasonable measures to identify, record and respect legitimate tenure right holders and their rights, whether formally recorded or not; to refrain from infringement of tenure rights of others; and to meet the duties associated with tenure rights

(VGGT, General principle 1)

The first global

soft law

instrument on

tenure

Negotiated by

governments;

participation of

civil society and

private sector

Consensus on

“internationally

accepted

practices” that

already exist.

A reference for

improving the

governance of land,

fisheries and forest

tenure

1. VGGT nature and approaches

Endorsed by CFS in May 2012, first ever internationally agreed document on the governance of tenure.

Centrality of legitimate tenure rights for sustainable livelihoods.

Encourage States to recognize, respect and protectall tenure rights holders and their rights, includingIndigenous and customary tenure.

Have a human rights based approach (linked to RtFand SSF guidelines).

Interrelation between different sets of tenure rights (formal, informal, collective, customary, Indigenous Peoples etc.) and different natural resources.

Cover a very broad spectrum of areas.

Discrimination

Tenure rights not recognized

Bribery

Forced eviction

State capture

Inequitable access

Expensive and difficult procedures

No accountability or transparency

Limited capacity

Contradictory laws and policies

Governing institutions

have not adapted to

growing intensity of

competition

Increasing

competition for

natural resources:

• Population growth

• Urbanization

• Changing diets

• Demand for energy

2. Why were the VGGT developed?

Access to land, fisheries and forests

TENURE SECURITY FOOD SECURITY

• Land and fisheries tenure rights need to be combined

• Livelihoods of fishing communities under pressure by land based investments

• The commons

3. Why are the VGGT relevant to fisheries

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

• 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 Guidelines GENERAL PRINCIPLES

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

Part 5: Administration

of tenure

• Records of tenure rights

• Valuation

• Taxation

• Regulated spatial planning

• Resolution of disputes over tenure

• Transboundary matters

Part 7: Promotion,

implementation,

monitoring and evaluation

Part 6: Responses to climate

change and emergencies

• Climate change

• Natural disasters

• Conflicts

5. WHO DO THE GUIDELINES APPLY TO?

The whole of society needs to be involved because tenure

of land, fisheries and forest affects everyone in some way.

States

Courts and agencies

Tenure professionals Academics

Communities and people

Civil society

Businesses and investors

Human rights

institutions

Monitoring & evaluation

Build capacity for implementation

Design / revise policies and laws

Assess legal / policy / institutional

framework Assess reality on

the ground

Improved Tenure

Governance

Provide space for inclusive discussions

6. How can the VGGT be used?

• Sierra Leone: assessing the policy and legal framework using VGGT and SSFG.

• Senegal river basin: building of multi-stakeholder platforms, conducting governance assessment (including fisheries component).

6. Drawing on examples

18

Thank you for your attention

NewsletterSubscribe at: VG-tenure@fao.org Website: fao.org/nr/tenure

• “Governance of tenure comprises the mechanisms and processes according to which citizens and groups can articulate their interests, mediate their differences and exercise their legal rights and obligations in respect to land and other natural resources.”

Governance is the way in which access to and control over

natural resources is managed in a society. It includes, among

other things, how competing priorities and interests of different

groups are reconciled.

Responsible Governance is about doing the right thing and

doing it well.

Tenure: How people get access to natural resources - Who

can use what resources, for how long, and under what

conditions