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UN-backed guidelines aim to protect rights to land, fisheries and forests
by José Graziano da Silva, FAO Director-General
FAO, Grain, Oakland Institute & agencies
 
May 2012 (FAO)
 
A United Nations-backed committee has endorsed a set of global guidelines in the endeavor of helping governments protect the rights of people, especially the poor, to own or access land, forests and fisheries.
 
“Giving poor and vulnerable people secure and equitable rights to access land and other natural resources is a key condition in the fight against hunger and poverty,” said the Director-General of the UN Food and Agriculture Organization (FAO), José Graziano da Silva.
 
“Countries have agreed on these new Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests in the Context of National Food Security was adopted by the Committee on World Food Security (CFS) – the leading global platform for discussions on food security issues – in Rome earlier on Friday.
 
Among the issues dealt with in the guidelines is the so-called ‘land-grabbing’ phenomenon, according to a news release issued by FAO. It recommends that safeguards be put in place to protect tenure rights of local people from risks that could arise from large-scale land acquisitions, and also to protect human rights, livelihoods, food security and the environment.
 
The guidelines also address a wide range of other issues such as recognition and protection of legitimate tenure rights, even under informal systems; best practices for registration and transfer of tenure rights; making sure that tenure administrative systems are accessible and affordable; managing expropriations and restitution of land to people who were forcibly evicted in the past; and the rights of indigenous communities.
 
“Some of the issues addressed by the Voluntary Guidelines go back centuries even. The fact that these guidelines tackle those entrenched issues as well as newer concerns is what makes them so significant,” said Mr. Graziano da Silva.
 
He added that FAO stands ready to provide support and assistance to countries in adapting and implementing the guidelines. The agency will now develop a series of technical handbooks designed to help countries adapt the guidelines to their local contexts and carry them out, as well as provide targeted technical assistance to governments.
 
The guidelines are based on a consultation process started by FAO in 2009 and then finalized through CFS-led intergovernmental negotiations that included the participation of government officials, civil society organizations, private sector representatives, international organizations and academics.
 
* Many agencies have expreesed serious alarm over the practices that this initiative seeks to address. The "Voluntary" nature of the Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests remains of concern with regard to mechanisms for accountablity, redress for those disenfranchished by current practices.
 
This development comes after "land deals" larger than the size of France in Africa, have already been set in place, and with reports that some 500 million Africans still lack secure land titles to the their ancestral lands. It is past time for real substance to be given to these legitimate rights.
 
A large number of international NGOs including Oxfam, Christian Aid, Cafod, independent agencies such as Grain, the Oakland Institute and many small farmer and indigenous organizations have expressed serious alarm over access and the depletion of water sources associated with large scale land acquisitions, and the denial of their right to make a livelihood when forced off the land.
 
http://www.oxfam.org/en/grow/issues/land-grabs
 
http://www.grain.org/
 
http://www.oaklandinstitute.org/great-land-grab-rush-world%E2%80%99s-farmland-threatens-food-security-poor
 
Sept. 2012
 
Why are the FAO and the EBRD promoting the destruction of peasant and family farming?
 
Social organisations say they are shocked and offended by a Wall Street Journal article written by the Director General of the UN"s Food and Agriculture Organisation and the President of the European Bank for Reconstruction and Development which calls on governments and society to embrace corporations as the main engine for global food production. In a collective statement, the groups say the FAO is abandoning its mission by promoting the destruction of peasant and small scale farming and land grabbing by agribusiness:
 
http://www.grain.org/article/entries/4572-why-are-the-fao-and-the-ebrd-promoting-the-destruction-of-peasant-and-family-farming


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DRC: exploitation of natural resources contribute to human rights abuses with impunity
by International Commission of Jurists (ICJ)
Democratic Republic of Congo (DRC)
 
April 2012
 
A new report launched by the International Commission of Jurists (ICJ) shows that companies involved in human rights abuses in the Democratic Republic of Congo (DRC) are rarely held accountable.
 
Access to justice and e­ective legal remedies are crucial elements in the protection of human rights in the context of business activities. It is also relevant to the work of judges and lawyers who promote the rule of law and human rights. Despite its importance, access to justice is hindered by a number of obstacles unique to corporate human rights abuses.
 
The study of state practices in providing access to justice reveals the potential of existing instruments to ensure this right. Scrutiny of state practices in this area will help the international community in its quest for new answers to the challenge of transnational corporate human rights abuse.
 
The mechanisms within the legal system of the Democratic Republic of the Congo designed to provide legal remedies for victims of human rights abuse are generally ineffective.
 
The Constitution formally guarantees a range of human rights, while criminal law, civil law, and labour regulations extend to the conduct of business entities. In addition, the Mining Code provides for a compensation procedure as between individuals and corporations.
 
Nevertheless, access to justice remains largely out of reach for most victims of corporate human rights abuse. Political control of the judiciary typically undermines the proper application of the law. The costs of proceedings are often prohibitive for claimants and inflated by a corrupt administration.
 
Further, customary justice and the prevalence of amicable settlements often replace full and fair judicially determined remedies.
 
The study provides a number of recommendations aimed to facilitate access to justice, including legislative reform, the strengthening of the judiciary, the establishment of an international civil society network in support of Congolese rights defenders, and the exploration of non-judicial mechanisms to complement the judicial process.
 
* Visit the ICJ site to access the report - the report is a large file to download.


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