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Policy briefLegal empowerment to promote legitimate tenure rights 2021
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Over the past thirty years, an increasing number of states have passed good laws that significantly strengthen the tenure rights of their citizens. However, due to multiple barriers, a high percentage of many nations’ citizens are either unaware of their legal rights or unable to use national laws to protect their rights when threatened. Legal empowerment efforts focus on strengthening citizens’ capacity to exercise their rights in a wide variety of fora, including in government administrative procedures, courts and tribunals, and when advocating for laws and policies. Legal empowerment is a key component of ensuring that the governance of land, fisheries and forests is responsible, equitable and just. Legal empowerment initiatives may include legal education; capacity development; efforts to shape state justice systems; legal support for citizens; and promotion of citizen participation in law-making. This legal brief outlines how state and civil society-led legal empowerment initiatives may contribute to the realization of the Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests in the Context of National Food Security (VGGT) and support greater tenure security, good governance, improved use of formal legal systems, and increased political participation by all citizens. -
Policy briefProtecting legitimate tenure rights: From concepts to practice 2021
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No results found.Misalignments between national laws and local tenure systems can undermine the resource claims of marginalized groups and lead to conflict. To proactively address rights violations that stem from such misalignment, the United Nations Committee on World Food Security endorsed the Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests in the Context of National Food Security (VGGT), establishing the most comprehensive global soft-law instrument concerning tenure rights. The VGGT call on States to recognize, respect and protect all “legitimate” tenure rights, including those not currently protected by national laws. They also affirm the responsibility of businesses to respect all legitimate tenure rights, linking tenure issues to businesses’ wider human rights responsibilities. However, the concept of legitimate tenure rights has often proved difficult to operationalize. This legal brief discusses the meaning and implications of recognizing legitimate tenure rights, then outlines possible ways forward for States, civil society, the private sector and development agencies. -
ProjectSupport to Strengthen Governance of Tenure through the Implementation of the Voluntary Guidelines on the Responsible Governance of Tenure Of Land, Fisheries and Forests in Tanzania - TCP/URT/3702 2021
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No results found.Land has played a critical role in the development of the United Republic of Tanzania, with the roots of land tenure frameworks, issues and conflicts dating back hundreds of years Current land laws in the country are seen as progressive policies and legislation recognize the equal rights to land of men and women, including unregistered rights under customary laws, and any transfer of rights requires the consent of local people In practice, however, land tenure rights are disputed among village, district and national administrative authorities, and conflicts over land are common, widespread and sometimes violent Policy deficiencies and contradictions, weak policy and institutional frameworks, and poor governance have together resulted in tenure insecurity The country has recently updated its National Land Policy 1995 and made significant investments in land programmes In recognition of FAO’s role as a neutral partner and of its broad expertise in land tenure and the Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests in the Context of National Food Security ( in particular, the Government of the United Republic of Tanzania requested FAO to provide support to the process of implementing the new National Land Policy The VGGT set out principles and internationally accepted standards for responsible practices They are a framework that actors can use when developing their own strategies, policies, legislation and programmes They allow government authorities, the private sector, civil society and citizens to judge whether their proposed actions and the actions of others constitute acceptable practices In November 2017 in collaboration with MLHHSD, FAO held a technical workshop on the implementation of the VGGT in the country, at which the Government ensured its support to FAO Areas defined as important were the regularization of customary land, the resolution of land conflicts, including through Alternative Dispute Resolution ( methods, land use planning and land based investments.
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