Environmental and social safeguards

Land tenure, displacement and resettlement

ESS 7 applies to permanent or temporary physical and economic displacement that results when interventions, including land reforms, that are supported by FAO involve the acquisition of land or resources, or restrictions on land use or access to resources that people depend on. The application of ESS 7 is determined during the environmental and social screening. 

Key definitions

  • Land tenure: relationship, whether legally or customarily defined, among people, as individuals or groups, with respect to land and associated natural resources. ​Land tenure systems determine who can use what resources for how long, and under what conditions.

  • Displacement: forced movement or relocation of individuals or communities.

    • Physical displacement: relocation, loss of residential land, or loss of shelter.

    • Economic displacement: loss of land, assets, or access to assets leading to loss of income sources or other means of livelihood.  
  • Involuntary Resettlement: physical and economic displacement where the affected people (individuals or groups) do not have the right to refuse being displaced. Involuntary resettlement may cause long-term hardship and impoverishment, as well as profound changes in social dynamics.  

FAO shall seek to avoid involuntary resettlement in activities it supports or implements wherever possible. However, FAO may be called upon to support activities undertaken by partner organizations that could lead to involuntary resettlement of individuals or communities during responses to climate change and emergencies. Activities that lead to involuntary resettlement shall be undertaken only in exceptional circumstances. They should be carried out in accordance with the principles of the VGGT and for the purpose of promoting the general welfare. These activities will be reasonable and proportional, and a full justification will be given for them. Appropriate forms of compensation, assistance, legal protection and information will be provided to the affected individuals and communities. As stated in the VGGT, “evictions and relocations should not result in individuals being rendered homeless or vulnerable to the violation of human rights” (FAO, 2012, para. 16.9). Where displacement leads to significant adverse impacts, FAO will support the economic and social reconstruction of lives and livelihoods of the affected individuals and communities.

Objectives 

  • Avoid the adverse impacts from land or other natural resource acquisition, or restrictions on land or natural resource use, and in situations where avoidance is not possible, minimize and mitigate these impacts.
  • Prohibit forced evictions. 
  • Conceive and execute resettlement activities as sustainable development programmes, providing sufficient resources to enable displaced persons to benefit directly from these programmes.
  • Ensure that resettlement activities are planned and implemented collaboratively with the meaningful and informed participation of those affected.
  • Avoid infringing on or extinguishing tenure rights of others, including legitimate tenure rights that may not be currently protected by law (e.g. Indigenous Peoples tenure rights, customary tenure), when recognizing or allocating tenure rights to land and other natural resources.
  • Enhance and restore the livelihoods and living standards of all displaced persons, and improve the living conditions and overall socio-economic status of impoverished people who have been displaced, as well as persons belonging to marginalized, disadvantaged and vulnerable groups, during land expropriation, consolidation, investment, rural development programmes and land reforms.
  • Recognize all land and natural resource users with a legitimate claim, including claimants who have informal or customary tenure rights.
  • Provide means for the affected to voice their grievances ensuring there is a functioning mechanism in place to receive, process, resolve, communicate and record grievances.