Governing Tenure Rights to Commons

Beckh, C.; Gärtner, E.; Rauch, T.; Bleeser, I.; Weigelt, J.; Müller, A.

Governing Tenure Rights to Commons

A technical guide to support the implementation of the Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests in the Context of National Food Security

Year of publication 2016

Place of publication Rome, Italy ;

Pages 100 p.

Author Beckh, C.; Gärtner, E.; Rauch, T.; Bleeser, I.; Weigelt, J.; Müller, A.

Publisher FAO ;

Product type Book (series)

ISBN 978-92-5-109483-9

Series title Governance of Tenure Technical Guides

Series number no. 8

Edition 1

Full item page

Synopsis (short abstract) This Technical Guide on Governing Tenure Rights to Commons aims to support states, community-based organizations and civil society organizations, the private sector and other relevant actors to take proactive measures to implement the standards and recommendations of the Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests (Tenure Guidelines) for lega lly recognizing and protecting tenure rights to commons and community-based governance structures.

Language English

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Land Tenure Working Paper 15. This publication brings to light the existing linkages between land tenure and the realization of the right to food. It points out that responsible governance of land requires the adoption of human rights-based approach in order to develop coherent and long term solutions to improve people’s livelihoods. The document presents the legal implications of the right to food at national level and provides a series of examples on the implementation of human rights principl es and obligations into land tenure systems, policies, and institutional frameworks. Presented as a background document for the Latin America Regional Consultation Meeting for the elaboration of the Voluntary Guidelines on Responsible Governance on Tenure of Land and Natural Resources, it aims to encourage discussion and further analysis on the issues presented.
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This guide explores the legal dimensions of responsible governance of tenure. It supports the application of the Voluntary Guidelines on the Responsible Governance of Tenure for Land, Fisheries and Forests in the Context of National Food Security at the national level. The guide addresses the legal value of the Guidelines covering the governance of tenure of land, fisheries and forests by explaining the concept of legitimacy and reviewing the different stages of legislative processes, from legal assessment and law-making through implementation of legislation to settlement of disputes. The guide is aimed at legal professionals working with state institutions, civil society, development agencies and the private sector, as well as law societies, notaries, judges and all those who are interested in understanding the role of law in giving effect to the provisions of the Guidelines.
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This technical guide is a product of the fruitful collaboration between FAO and UINL (MoU signed in 2016) which led to illustrate that the preventive administration of justice and notaries, as independent public legal officers, can play a key role in achieving the VGGT recommendations. By exercising their function responsibly and implementing best practices, practitioners in the preventive administration of justice can make a considerable contribution to improving the living conditions of citizens worldwide, to achieving sustainable livelihoods, housing security, rural development and environmental protection for the benefit of all citizens. The guide advocates for responsible governance of tenure through the use of the VGGT. It identifies challenges and showcases good practices. Preventive justice is analyzed to assess its contribution to the responsible governance of tenure. VGGT are used as an inspiration for the practice of preventive justice. All stakeholders are finally invited to cooperate and engage in advocacy.