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Policy briefTenure rights in large-scale and artisanal mining
Implications of the Tenure Guidelines
2021Also available in:
In taking a comprehensive approach to issues of tenure, the Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests (VGGT) offer an opportunity to promote systemic governance reform and respect for land and resource rights, while clarifying the different roles of States, businesses and social actors. The VGGT do not directly cover mineral resources but they clarify that States may wish to consider the governance of mineral resources in their efforts to implement the VGGT. They also provide guidance on tenure rights to land, fisheries and forests, which are often affected by mining operations. Yet, the VGGT’s relevance to the mining sector has often been overlooked. This legal brief explores how implementing the VGGT could help address recurring challenges affecting the mining sector. -
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. -
Book (series)Valuing Land Tenure Rights
FAO Governance of Tenure Technical Guide No. 11
2018The Food and Agriculture Organization of the United Nations (FAO) has developed a series of Technical Guides to elaborate and provide more detailed guidance on thematic areas contained within the Guidelines. As part of this series, this Technical Guide covers the issues associated with the identification and valuation of tenure rights for different purposes, and provides guidance on how to ensure that valuations are undertaken in a fair, reliable and transparent manner that comply with internati onal norms. It explains why valuations are important, where and when they should be used, and by whom. It is not intended to be a valuation textbook;, instead it seeks to raise the level of awareness of valuation issues and procedures among those involved in land policy and administration and those affected by land tenure decisions. Though this Technical Guide focuses on land, it provides useful guidance that may be applied to fisheries, forests and other natural resources. It is directed prim arily towards developing countries and countries in transition where there is less awareness of the valuation profession and institutions. Legitimate tenure rights involving customary or informal tenure systems may be less clear and not formalized by law or regulations.
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