Creating a system to record tenure rights and first registration


Book Description

Increasingly, attention is being paid to recording tenure rights that are not yet recorded, for example, in cases where customary rights have recently been given legal recognition, where new legally-recognized rights have been created based on informal rights, or where new fisheries rights, forest rights and water rights have been created or given legal recognition. In such cases, there is often a need to also create a new recording system with a specific focus, such as for recording forest use rights, fisheries shares or water use rights, or to have the recording done at an appropriate level of government or by a self-governing community.This guide is about extending the recording or registration of tenure rights to people who currently are not served by systems to record their rights. It provides practical advice on ways to introduce a new system to record tenure rights and for the recording of rights for the first time by the state, a process that is sometimes called first registration.




Improving ways to record tenure rights


Book Description

This guide is about making the recording or registration of tenure rights more relevant to people who hold those tenure rights, and particularly to people who are currently poorly served by systems to record or register tenure rights. It provides practical advice on ways to improve the recording of tenure rights, including by addressing barriers that prevent people from using recording systems.




Responsible governance of tenure and preventive justice


Book Description

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.




Strengthening civic spaces in spatial planning processes


Book Description

Decisions over tenure – who gets access to land, fisheries, and forests, for how long, and under what conditions – have important implications for people’s livelihoods. Spatial planning procedures can have a considerable impact on the legitimate tenure rights of the respective rights holders and, in the long term, can affect livelihoods. This technical guide on regulated spatial planning and tenure acknowledges this link and provides guidance on the importance of recognizing legitimate tenure rights in spatial planning processes. Strengthening civic spaces in spatial planning processes focuses on the practical challenges of implementing spatial planning objectives and considering peoples’ tenure over land, fisheries, and forests. Given the focus on vulnerable and marginalized communities in the Guidelines, a human-rights based approach to spatial planning is required which sees individuals and communities as rights holders, and the state as a duty bearer that has committed to uphold human rights. Access to information, meaningful participation, accountability, and access to justice are essential elements in a human rights-based approach to spatial planning and are pivotal for spatial planning processes that are in line with the principles of the Guidelines. Therefore, the strategies presented in this technical guide seek to strengthen these elements.




Strategic Framework for Integrated Application of the Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests in the Context of National Food Security and African Union Framework & Guidelines on Land Policy in Africa


Book Description

Given the complementarities that exist between the Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests in the Context of National Food Security (VGGT) and the Framework and Guidelines on Land Policy in Africa (F&G), there is a need to achieve a coordinated approach to their application to ensure that the objectives they pursue are attained in a coherent, sustainable, efficient and mutually supportive manner. The Strategic Framework for the Integrated Application of VGGT and F&G presented in this document addresses this necessity directly, in recognition of the need to develop and leverage the synergies that exist between the two instruments through strengthened partnerships and cooperation, ensuring that the advancement of responsible governance of tenure in Africa is achieved.




Agroforestry and tenure


Book Description

This paper has been produced as a follow-up to the FAO guidelines "Advancing Agroforestry on the Policy Agenda - a guide for decision makers". The purpose of this document is to provide a review of the main tenure-related challenges that can affect agroforestry adoption to inform policies and project implementation. Drawing on practical cases, the document also presents measures and approaches which could potentially fuel the adoption of agroforestry, concluding with a number of specific recommendations for formulation and implementation of tenure policies promoting agroforestry.




Guidelines on strengthening gender equality in land registration – Southeast Europe 2021


Book Description

The present Guidelines form part of a joint effort by the Food and Agriculture Organization of the United Nations (FAO) and the Deutsche Gesellschaft für internationale Zusammenarbeit (GIZ) to help countries achieve indicator 5.a.2 of Target 5.a in the 2030 Agenda for Sustainable Development adopted by the United Nations in 2015. Target 5.a is to “Undertake reforms to give women equal rights to economic resources, as well as access to ownership and control over land and other forms of property, financial services, inheritance, and natural resources in accordance with national laws” and is measured by two indicators: Indicator 5.a.1: (a) Percentage of people with ownership or secure rights over agricultural land (out of total agricultural population), by sex; and (b) share of women among owners or rights-bearers of agricultural land, by type of tenure. Indicator 5.a.2: Proportion of countries where the legal framework (including customary law) guarantees women’s equal rights to land ownership and/or control.




Valuing Land Tenure Rights


Book Description

The 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.




GeoTech4Tenure


Book Description

In line with the Voluntary Guidelines on the Responsible Governance of Tenure (VGGT), public and private investments globally are increasingly recognising responsible land governance as a determinant for the success and sustainability of their achievements. Investment managers understand that preventing and mitigating tenure related issues is a necessary step to achieve their objectives. While a wide range of tools, community-based participatory approaches, and technologies are available to help clarify, protect and secure tenure rights, navigating this landscape requires expertise which is often not available to investment projects. This guide provides readers with a basic understanding of the functional linkages between land tenure and land-based investments. It illustrates the process of protecting and securing legitimate tenure rights through recordation, describes how to use fit-for-purpose technology to strengthen / support the process, identifies choices in selecting the appropriate technology based on objectives and context, and provides clear criteria to inform the choice.




Evaluation of projects related to the Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests in the Context of National Food Security funded by Germany


Book Description

FAO has been promoting the Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests (VGGT) in several countries and the Federal Republic of Germany had significantly contributed by financially supporting FAO’s activities. The programme contributed through multi-stakeholder platforms to an inclusive dialogue which led in most countries to the emergence of a common vision on land governance and positively influenced the land reform processes. It also triggered changes in mind-set which are needed for long-term improvements at country level. Results have shown that the VGGT, while being international principles of land policy, can be translated into concrete actions at the local level. The evaluation stressed the need for greater attention on developing activities to be carried out in local communities which result in defined, precise and achievable gains on governance of tenure and to continue working on women and youth land access issues.