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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. -
Policy briefPromoting participatory law-making for recognition of legitimate tenure rights 2021
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"Participatory law-making” is the process by which citizens actively contribute to policy advocacy and law-drafting. Citizen participation in law-making can improve the quality and legitimacy of policies and laws by ensuring that they reflect and protect the authentic interests of the national citizenry. In the field of land rights, participatory law-making can help ensure the recognition and protection of legitimate tenure rights. The Voluntary Guidelines on the Responsible Governance of Tenure of Land Fisheries and Forests in the Context of National Food Security (VGGT) call on states to develop relevant policies, laws and procedures through participatory processes that include men, women, Indigenous Peoples and members of marginalized groups. This legal brief outlines how governments and civil society may promote participatory law-making, details the positive impacts of such processes, and makes various recommendations designed to ensure that all citizen’s voices are heard during lawmaking processes.
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