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Land tenure in Asia and the Pacific

Understanding land tenure










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    Brochure, flyer, fact-sheet
    Land tenure in Asia and the Pacific
    Human rights
    2024
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    Human rights law offers a framework on rights that are universal to all, bound in international and regional treaties signed by States. While there is no explicit universal right to land in these treaties, the Office of the United Nations High Commissioner for Human Rights (OHCHR) considers land as a key element to realise many human rights. For rural people who rely on agriculture for their livelihoods, land implicitly relates to the right to property, food, housing and work, to name just a few. Key treaties make that clear, including the Universal Declaration of Human Rights (UDHR), and the International Covenant on Economic, Social and Cultural Rights (ICESCR). A focus on land tenure security can help to fulfil human rights obligations. Furthermore, it remains possible that land itself becomes a universal right in the future.
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    Policy brief
    Protecting legitimate tenure rights: From concepts to practice 2021
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    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.
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    Brochure, flyer, fact-sheet
    Land tenure in Asia and the Pacific
    Disaster risk reduction
    2024
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    Natural disasters are increasing in Asia and the Pacific region both in number, severity, the loss and damage incurred, the number of people affected, and the economic cost. There are different types of natural disasters (e.g., cyclone, earthquake, drought) which may be slow- or rapid- onset events. The outcomes also differ. While built-up infrastructure is devastated by tsunamis or earthquakes, drought, landslides and flooding can degrade soil on arable land impacting upon food security. Land tenure security is important in disaster mitigation, preparedness, and then for responses following an event. Strong governance backed up by a pro-poor land administration to support the most vulnerable, is vital in all these areas. Where tenure security is lacking, vulnerability to the effects of disasters increases.

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