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Access to land and the right to food 2010, para. 10
- Paragraph text
- The pressures referred to above exacerbate conflicts over land and lead to a worrisome criminalization of social movements aimed at carrying out agrarian reforms "from below", including by claiming land that is unused and, in their view, should be distributed more equitably. As a result, serious violations of a range of human rights occur, including murders of peasants connected to such activities, which the Special Rapporteur has documented in a number of communications to States. But the increased pressures on land are also a source of concern because of the weak protection of those who depend most on the land for their survival: smallholders, traditional fisherfolk, pastoralists and peoples (including indigenous and tribal peoples) that rely on the products of the forest. The present report first addresses the situation of indigenous peoples, which is specific insofar as the right of such peoples to have their lands demarcated and protected is recognized under international law. It then considers the position of smallholders, who cultivate the land in conditions that are often insufficiently secure, and that of other land users, such as fisherfolk, pastoralists and herders, who are particularly dependent on commons. The key message is that, while security of tenure is important and should be seen as crucial to the realization of the right to food, individual titling and the creation of a market for land rights may not be the most appropriate means to achieve it.
- Organe
- Special Rapporteur on the right to food
- Type de document
- Special Procedures' report
- Thèmes
- Civil & Political Rights
- Social & Cultural Rights
- Personnes concernées
- Ethnic minorities
- Année
- 2010
Paragraphe
Access to land and the right to food 2010, para. 32
- Paragraph text
- Land reform may be seen as an opportunity to remedy this imbalance, either by prioritizing the needs of households headed by single women or widows, or by ensuring systematic joint titling in the reform process.
- Organe
- Special Rapporteur on the right to food
- Type de document
- Special Procedures' report
- Thèmes
- Economic Rights
- Governance & Rule of Law
- Personnes concernées
- Women
- Année
- 2010
Paragraphe
Access to land and the right to food 2010, para. 2
- Paragraph text
- Access to land is thus closely related to the right to adequate food, as recognized under article 25 of the Universal Declaration of Human Rights and article 11 of the International Covenant on Economic, Social and Cultural Rights. The right to food requires that each individual, alone or in community with others, have physical and economic access at all times to adequate food or means for its procurement. States may be under an obligation to provide food where "an individual or group is unable, for reasons beyond their control, to enjoy the right to adequate food by the means at their disposal". Primarily, however, the right to food requires that States refrain from taking measures that may deprive individuals of access to productive resources on which they depend when they produce food for themselves (the obligation to respect), that they protect such access from encroachment by other private parties (the obligation to protect) and that they seek to strengthen people's access to and utilization of resources and means to ensure their livelihoods, including food security (the obligation to fulfil).
- Organe
- Special Rapporteur on the right to food
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Food & Nutrition
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2010
Paragraphe
Access to land and the right to food 2010, para. 8
- Paragraph text
- Measures adopted with a view to climate change mitigation or environmental conservation, which have placed priority on technological and market-based solutions over the deconcentration of land in order to encourage more sustainable land uses, have created further conflicts with the rights of land users. Under the clean development mechanism provided for in article 12 of the Kyoto Protocol to the United Nations Framework Convention on Climate Change, annex I (industrialized) countries that have committed to reducing greenhouse gas emissions receive additional emission credits if they help to implement emissions-reducing projects in developing countries. However, the planting of forests in order to benefit from the mechanism may result in evictions, against which the local populations concerned may be insufficiently protected. The REDD (Reducing Emissions from Deforestation and Forest Degradation) scheme, launched in 2005 and strengthened at the 13th Conference of the Parties to the United Nations Framework Convention on Climate Change, convened in Bali in December 2007, may represent a threat to forest dwellers, whose customary rights over the forests on which they depend for their livelihoods are not widely recognized, if the State or other actors are tempted to appropriate the benefits derived from carbon sequestration. Governments are also working to protect natural environments by creating wildlife reserves, national parks and other protected areas. Ecosystems perform vital services for agriculture, including support of the soil structure and soil retention, nutrient cycling, dung burial and pest control, pollination, water provision and purification, biodiversity and atmospheric regulation. However, the implementation of conservation measures, including land-use planning, should take into account the right to food of people who depend on the land for their livelihoods.
- Organe
- Special Rapporteur on the right to food
- Type de document
- Special Procedures' report
- Thèmes
- Environment
- Personnes concernées
- N.A.
- Année
- 2010
Paragraphe
Access to land and the right to food 2010, para. 28
- Paragraph text
- Agrarian reform leading to owner-operated family farms is desirable for a number of reasons. As land is transferred to family farms, idle lands of large estates are brought into production, thus increasing productivity levels. A 2003 World Bank analysis of land policies in 73 countries between 1960 and 2000 shows that countries in which the distribution of land was initially more equitable achieved growth rates two to three times higher than those in which land distribution was initially less equitable. Figure I highlights the correlation between the Gini coefficient for land and average per capita growth in gross domestic product (GDP), illustrating the link between unequal initial land distribution and slower economic growth.
- Organe
- Special Rapporteur on the right to food
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Année
- 2010
Paragraphe
Access to land and the right to food 2010, para. 34
- Paragraph text
- The preparation of the Voluntary Guidelines on Responsible Governance of Tenure of Land and other Natural Resources, led by FAO, is the single most important attempt to follow up on the commitments made at the Conference, and the Declaration of the World Summit on Food Security, held in 2009, underlines that link. It is too early to assess the Guidelines in the light of what they promise to achieve. At the regional level, however, the African Union's Framework and Guidelines on Land Policy in Africa are an important step in that direction, and the Latin American project to follow up on the Conference, launched in August 2009, involves a large number of countries in the operationalization of the commitments set out in the Declaration. But the overall picture remains uneven across regions.
- Organe
- Special Rapporteur on the right to food
- Type de document
- Special Procedures' report
- Thèmes
- Environment
- Food & Nutrition
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2010
Paragraphe
Access to land and the right to food 2010, para. 40b
- Paragraph text
- [In order to respect the right to food, States should:] Refrain from criminalizing legitimate social protest. Where insufficient progress has been made on the implementation of the commitments set out in the Final Declaration of the International Conference on Agrarian Reform and Rural Development, and where deep land inequalities remain, the non-violent occupation of land by landless movements should not be criminalized. Human rights defenders who protest evictions and defend or promote land rights should be protected;
- Organe
- Special Rapporteur on the right to food
- Type de document
- Special Procedures' report
- Thèmes
- Food & Nutrition
- Governance & Rule of Law
- Social & Cultural Rights
- Année
- 2010
Paragraphe
Access to land and the right to food 2010, para. 19
- Paragraph text
- Finally, the creation of a market for land rights may itself have a series of undesirable consequences. The primary justification for the establishment of such a market is that it facilitates the reallocation of land towards more efficient users, thus providing an exit route from agriculture for rural residents for whom farming is not sufficiently profitable. Accordingly, the World Bank notes, "secure and unambiguous property rights … allow markets to transfer land to more productive uses and users". However, the impact of titling on farm productivity has often been unclear when it has not been complemented by schemes providing producers with appropriate levels of support. Land sales tend to favour not those who can make the most efficient use of land, but those who have access to capital and whose ability to purchase land is greatest. In fact, the creation of a land rights market can cause land to be taken out of production in order to be held as an investment by speculators, resulting both in decreased productivity and in increased landlessness among the rural poor. The poorest farmers could easily be induced to sell land and then be "priced out", particularly if they have fallen into debt as a result of a bad harvest or other circumstances. Thus, considered in isolation from other policies, individual titling may have counterproductive effects, increasing the vulnerability of the poor. Indeed, the idea that individual titling contributes to poverty reduction as land is transformed into capital presupposes that property is transformed into collateral, collateral into credit and credit into income. However, the poor, for whom land is an essential social safety net where no others are available, may in fact be reluctant to mortgage their land in order to gain access to credit. Nor does titling necessarily result in significantly greater access to the credit offered by private financial institutions.
- Organe
- Special Rapporteur on the right to food
- Type de document
- Special Procedures' report
- Personnes concernées
- All
- Année
- 2010
Paragraphe
Access to land and the right to food 2010, para. 27
- Paragraph text
- In the presence of the sometimes highly unequal distribution of land in rural areas, strengthening security of tenure may not be sufficient; land redistribution may be required. Article 11, paragraph 2 (a), of the International Covenant on Economic, Social and Cultural Rights recognizes the connection between the right to food and the use of natural resources, committing States to "developing or reforming agrarian systems in such a way as to achieve the most efficient development and utilization of natural resources". This should be understood as encouraging agrarian reform that leads to more equitable distribution of land for the benefit of smallholders, both because of the inverse relationship between farm size and productivity and because small-scale farming (and linking farmers more closely to the land) may lead to more responsible use of the soil. The Voluntary Guidelines to Support the Progressive Realization of the Right to Adequate Food in the Context of National Food Security, adopted in 2004 by the States members of the Food and Agriculture Organization of the United Nations (FAO), also encourage agrarian reform (guideline 8.1).
- Organe
- Special Rapporteur on the right to food
- Type de document
- Special Procedures' report
- Thèmes
- Environment
- Food & Nutrition
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- All
- Année
- 2010
Paragraphe
Access to land and the right to food 2010, para. 33
- Paragraph text
- The most recent pledges to pursue land reform were made at the International Conference on Agrarian Reform and Rural Development of FAO, convened in Porto Alegre, Brazil, in March 2006. The Final Declaration adopted at the Conference encourages the holding of a national and inclusive dialogue to ensure significant progress on agrarian reform and rural development and the establishment of appropriate agrarian reform "mainly in areas with strong social disparities, poverty and food insecurity, as a means to broaden sustainable access to and control over land and related resources". The Governments represented at the Conference also recommended that the FAO Committee on World Food Security adopt of a set of reporting guidelines in order to monitor the implementation of the Declaration.
- Organe
- Special Rapporteur on the right to food
- Type de document
- Special Procedures' report
- Thèmes
- Food & Nutrition
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2010
Paragraphe
Access to land and the right to food 2010, para. 18
- Paragraph text
- Individual titling can also become a source of conflict and legal insecurity if it conflicts with customary rules regarding tenure, for example, as regards communal land ownership. Indeed, individual titling, combined with the marketability of land, may not be compatible with the recognization of customary forms of tenure with respect to communal land and common property resources, putting groups that do not use the land intensively or do not occupy it permanently at a particular disadvantage.
- Organe
- Special Rapporteur on the right to food
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- N.A.
- Année
- 2010
Paragraphe
Access to land and the right to food 2010, para. 17
- Paragraph text
- The effort to transplant the Western concept of property rights has created a number of problems, however. Unless it is transparent and carefully monitored, the titling process itself may be appropriated by local elites or foreign investors, with the complicity of corrupt officials. In addition, if it is based on the recognition of formal ownership, rather than on land users' rights, the titling process may confirm the unequal distribution of land, resulting in practice in a counter-agrarian reform. In particular, this will be the case in countries in which a small landed elite owns most of the available land, having benefited from the unequal agrarian structure of the colonial era. There is also a risk that titling will favour men. Any measures aimed at improving security of tenure should instead seek to correct existing imbalances, as the Land Management and Administration Project in Cambodia does.
- Organe
- Special Rapporteur on the right to food
- Type de document
- Special Procedures' report
- Thèmes
- Economic Rights
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- Men
- Women
- Année
- 2010
Paragraphe
Access to land and the right to food 2010, para. 42a
- Paragraph text
- [In order to ensure the enjoyment of the right to food, States should:] Implement the conclusions set out in the Final Declaration of the International Conference on Agrarian Reform and Rural Development and prioritize "improved" State-led land redistribution programmes. States should implement land redistribution programmes where a high degree of land ownership concentration (which could be defined as a level of inequality higher than a Gini coefficient of 0.65) is combined with a significant level of rural poverty attributable to landlessness or to the cultivation of excessively small plots of land by smallholders. Redistributive agrarian reforms should: (a) include comprehensive rural development policies that follow the recommendations resulting from the International Assessment of Agricultural Science and Technology for Development, including extension systems, access to credit and agricultural research and support beneficiaries, provided with sufficient budgets; (b) make use of land ceiling laws and be based on legal frameworks that clearly define beneficiaries and exempted land; (c) encourage communal ownership systems, rather than focusing solely on individual beneficiaries; (d) be implemented in accordance with the principles of participation, transparency and accountability, in order to prevent their appropriation by local elites; (e) be grounded in constitutional provisions regarding the social functions of land, where such provisions exist. All States should monitor land inequalities before and after the implementation of such programmes;
- Organe
- Special Rapporteur on the right to food
- Type de document
- Special Procedures' report
- Thèmes
- Economic Rights
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- All
- N.A.
- Année
- 2010
Paragraphe
Access to land and the right to food 2010, para. 43d
- Paragraph text
- [The Special Rapporteur also makes the following recommendations to the international community:] International human rights bodies should consolidate the right to land and take land issues fully into account when ensuring respect for the right to adequate food. The Committee on Economic, Social and Cultural Rights could play a leading standard-setting role in clarifying the issue of land as a human right by issuing a general comment in that regard. Acting in their monitoring capacity, human rights bodies should examine the justifications offered by Governments that fail to put in place land redistribution programmes or policies with similar aims, despite the existence of a high degree of concentration of land ownership, combined with a significant level of rural poverty attributable to landlessness or inequitable land distribution.
- Organe
- Special Rapporteur on the right to food
- Type de document
- Special Procedures' report
- Thèmes
- Economic Rights
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- All
- Année
- 2010
Paragraphe
Access to land and the right to food 2010, para. 36
- Paragraph text
- Unfortunately, although a number of social movements are seeking to increase pressure on Governments (including by resorting to occupations of land), to address this issue, the sense of urgency regarding land redistribution has decreased, because of the end of the cold war and because of the conviction of many policymakers that technology-driven productivity improvements might be a less contentious alternative to agrarian reform.
- Organe
- Special Rapporteur on the right to food
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2010
Paragraphe
Access to land and the right to food 2010, para. 39
- Paragraph text
- In a context in which commercial pressures on land are increasing, it is crucial that States improve the protection of land users. The following recommendations seek to give concrete meaning to the land-related aspects of the human right to food.
- Organe
- Special Rapporteur on the right to food
- Type de document
- Special Procedures' report
- Thèmes
- Environment
- Food & Nutrition
- Personnes concernées
- All
- N.A.
- Année
- 2010
Paragraphe
Access to land and the right to food 2010, para. 42b (ii)
- Paragraph text
- [In order to ensure the enjoyment of the right to food, States should:] Ensure that market-led land reforms are compatible with human rights. If, despite the reservations expressed in the present report, States choose to seek to improve security of tenure through titling programmes and the creation of land rights markets, they should: Ensure that titling schemes benefit women and men equally, correcting existing imbalances if necessary;
- Organe
- Special Rapporteur on the right to food
- Type de document
- Special Procedures' report
- Thèmes
- Economic Rights
- Food & Nutrition
- Governance & Rule of Law
- Personnes concernées
- Men
- Women
- Année
- 2010
Paragraphe
Access to land and the right to food 2010, para. 3
- Paragraph text
- For some of the groups that are the most vulnerable today, this means protecting existing access to land, water, grazing or fishing grounds, or forests, all of which may be productive resources essential for a decent livelihood. In such cases, as detailed below, the right to food may complement the protection of the right to property or of indigenous peoples' relationship with their lands, territories, and resources. In other cases, because landlessness is a cause of particular vulnerability, the obligation of the State goes further: it is to strengthen such access or make it possible - for example, through redistributive programmes that may in turn result in restrictions on others' right to property. This obligation of States is especially clear in cases in which the members of such groups have no alternative means of producing food or gaining sufficient income to purchase food that is sufficient, adequate and culturally acceptable.
- Organe
- Special Rapporteur on the right to food
- Type de document
- Special Procedures' report
- Thèmes
- Environment
- Food & Nutrition
- Social & Cultural Rights
- Personnes concernées
- Ethnic minorities
- Année
- 2010
Paragraphe
Access to land and the right to food 2010, para. 9
- Paragraph text
- Industrial uses of land and urbanization have also increased in recent years, further heightening the competition: 19.5 million hectares of farmland are converted annually into land for industrial and real estate development. Researchers have documented cases in which farmers' lands have been expropriated for mining projects or for the building of industrial plants, in conditions amounting to forced eviction with no or insufficient compensation. In certain regions, the expansion of industrial areas has taken the form of the establishment of special economic zones aimed at creating conditions favourable for the arrival of foreign investors. Large infrastructure projects such as dams and highways have also had an important impact, and a significant proportion of the communications sent to Governments by the Special Rapporteur during the period from 2003 to 2009 relates to evictions for such projects.
- Organe
- Special Rapporteur on the right to food
- Type de document
- Special Procedures' report
- Thèmes
- Economic Rights
- Environment
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- All
- Année
- 2010
Paragraphe
Access to land and the right to food 2010, para. 31
- Paragraph text
- Finally, land reform may be seen as an opportunity to strengthen access to land for women, particularly single women and widows. Article 14, paragraph 2 (g), of the Convention on the Elimination of All Forms of Discrimination against Women guarantees the right of women to equal treatment in land and agrarian reform as well as in land resettlement schemes. However, there remain laws and social customs such as those ensuring that the land of a deceased husband belongs to his sons, not to his widow, despite the flagrant violation of women's rights to which this leads. As a result, women still represent a significant minority of the total number of title-holders, as illustrated by the statistics set out in figure II.
- Organe
- Special Rapporteur on the right to food
- Type de document
- Special Procedures' report
- Thèmes
- Economic Rights
- Equality & Inclusion
- Gender
- Social & Cultural Rights
- Personnes concernées
- Women
- Année
- 2010
Paragraphe
Access to land and the right to food 2010, para. 38
- Paragraph text
- While State-led agrarian reforms can generally be quite effective in addressing deeply entrenched inequalities in access to land provided certain conditions are met, market-led agrarian reforms have been less successful in that regard, sometimes even leading to the reconcentration of land, for reasons similar to those that explain the limits of titling as a means to ensure security of tenure. Important lessons can be drawn from past experiences: the success of State-led land reform programmes depends not only on effective land ceiling laws and other appropriate safeguards, such as legal frameworks that clearly define beneficiaries and exempted land, but also on continued social mobilization by peasant organizations, which can be vital partners in the implementation of policies to provide support to new beneficiaries. However, if the redistribution of land is to be sustainable, the beneficiaries must also be supported through comprehensive rural development policies. It has been estimated that improving access to credit and markets, as well as rural extension, can account for 60 to 70 per cent of the total costs of a land reform, exceeding the costs of acquiring and transferring the land. The failure of Latin American reforms when compared with Asian reforms has been attributed to the fact that Latin American reforms have traditionally focused solely on access to land, neglecting rural development policies. In order to be successful, land redistribution must be accompanied by broader agrarian reform policies that support smallholders and improve their ability to compete against larger farms; otherwise, there will be strong incentives for land reform beneficiaries to sell their land to large landowners. Women should be prioritized in such programmes, as under the Young Farm Women's Training Programme in the Canadian province of Manitoba or in the strategy currently being developed in Norway by the farming sector and the Ministry of Agriculture and Food, aimed at achieving 40 per cent participation by women in agriculture. Land ceiling laws can also help. Although such laws are often circumvented by large landowners - for example, by registering land under the names of proxies - they can increase the amount of land available for redistribution to the poorest households and limit the risk of land reconcentration following reform. A similar result can be achieved by subjecting land transactions to administrative authorization, which enables the administration to object to transactions that would lead to the unacceptable concentration of land, as in Germany under section 9 (1) of the Land Transactions Act.
- Organe
- Special Rapporteur on the right to food
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- N.A.
- Année
- 2010
Paragraphe
Access to land and the right to food 2010, para. 40a
- Paragraph text
- [In order to respect the right to food, States should:] Ensure security of tenure. States should take measures to confer legal security of tenure upon those persons, households and communities currently lacking such protection, including all those who do not have formal titles to home and land. The adoption of anti-eviction laws imposing strict conditions for interference with the rights of land users should be seen as a priority. This should supplement any strengthening of the regulatory framework concerning expropriation, which itself should provide clear procedural safeguards for landowners while, at the same time, providing for the possibility of agrarian reform where land concentration is excessive;
- Organe
- Special Rapporteur on the right to food
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- All
- Année
- 2010
Paragraphe
Access to land and the right to food 2010, para. 41b
- Paragraph text
- [In order to protect the right to food, States should:] Adopt tenancy laws, and effectively implement existing laws against the pressure to free land for private investors. The adoption of tenancy laws can protect tenants from eviction and from excessive levels of rent. Such laws can also allow a tenant's heirs to occupy the land if the tenant dies, and provide the tenant with the right to pre-emption if the landowner wishes to sell (ideally, at a below-market price); they can provide for the joint titling of husband and wife as tenants, in order to protect widows from the risk of eviction; and they can ensure that the tenant will be allowed to remain on the land if the property changes hands;
- Organe
- Special Rapporteur on the right to food
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Social & Cultural Rights
- Année
- 2010
Paragraphe
Access to land and the right to food 2010, para. 15
- Paragraph text
- Under the right to property, land users are also protected from evictions in certain circumstances, as stipulated in article 17 of the Universal Declaration of Human Rights, article 14 of the African Charter on Human and Peoples' Rights, article 1 of the First Protocol to the European Convention for the Protection of Human Rights and Fundamental Freedoms, and article 21 of the American Convention on Human Rights. While the conditions under which eviction may take place vary from instrument to instrument, the most common requirements are the following: an eviction must have a valid (or legitimate) public purpose (a condition that should exclude eviction to serve purely private interests); it must not be discriminatory; it must meet the requirements of due process; and it must be accompanied by fair compensation. Although this protection from arbitrary expropriation does not in principle extend to all forms of illegal occupation, it generally extends to forms of land occupation that are not formally recognized through a legal title ("extra-legal") or that are based only on customary tenure.
- Organe
- Special Rapporteur on the right to food
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- All
- Année
- 2010
Paragraphe
Access to land and the right to food 2010, para. 14
- Paragraph text
- Access to land and security of tenure are also essential for the ability of smallholders to achieve a decent standard of living. As noted above, the right to food imposes on States an obligation not to deprive individuals of access to the productive resources on which they depend. Where a community has settled on a piece of land and depends on that land for its livelihood, the obligation to respect the right to food thus requires that eviction of the community from that land be prohibited unless certain conditions are fulfilled. No eviction should take place that does not meet the criteria set out by the Committee on Economic, Social and Cultural Rights in its general comment No. 7, on the right to adequate housing: forced evictions, and in the Basic Principles and Guidelines on Development-Based Evictions and Displacement. Those guidelines provide a practical tool to assist States and agencies in developing policies, legislation, procedures and preventive measures to ensure that forced evictions do not take place or, should prevention fail, to provide effective remedies to those whose human rights have been violated.
- Organe
- Special Rapporteur on the right to food
- Type de document
- Special Procedures' report
- Thèmes
- Food & Nutrition
- Governance & Rule of Law
- Movement
- Social & Cultural Rights
- Personnes concernées
- Persons on the move
- Année
- 2010
Paragraphe
Access to land and the right to food 2010, para. 23
- Paragraph text
- As customary forms of tenure are recognized, the relationship between individual and communal rights may vary. For instance, communal land rights may be formalized as an aggregation of individual rights. In Cambodia, although land may be held by indigenous communities as a whole, the 2001 Land Law allows individual community members to leave and receive their share of communal land, subject to the agreement of the entire community. Another approach is to allow local community authorities to administer rights. In Latin American States where indigenous groups have been granted both political rights and land rights, such groups have been able to achieve a degree of autonomy over land management, while gaining tenure security.
- Organe
- Special Rapporteur on the right to food
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- Ethnic minorities
- Année
- 2010
Paragraphe
Access to land and the right to food 2010, para. 29
- Paragraph text
- The poverty-reducing potential of more equitable land distribution is further illustrated by statistical analyses showing that "a decrease of one third in the land distribution inequality index results in a reduction in the poverty level of one half in about 12-14 years. The same level of poverty reduction may be obtained in 60 years by agricultural growth sustained at an annual average of 3 per cent and without changing land distribution inequality". Land reforms in Asia following the Second World War resulted in a 30 per cent increase in the incomes of the bottom 80 per cent of households, while leading to an 80 per cent decline in the incomes of the top 4 per cent.
- Organe
- Special Rapporteur on the right to food
- Type de document
- Special Procedures' report
- Thèmes
- Poverty
- Personnes concernées
- All
- N.A.
- Année
- 2010
Paragraphe
Access to land and the right to food 2010, para. 21
- Paragraph text
- This indicates a fundamental opposition between two concepts of security of tenure; one oriented towards promoting land marketability through titling, and the other oriented towards broadening the entitlements of the relevant groups in order to ensure more secure livelihoods.
- Organe
- Special Rapporteur on the right to food
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2010
Paragraphe
Access to land and the right to food 2010, para. 41c
- Paragraph text
- [In order to protect the right to food, States should:] Ensure that all land investment projects are consistent with the relevant obligations under international human rights law, as reiterated in a previous contribution by the Special Rapporteur.
- Organe
- Special Rapporteur on the right to food
- Type de document
- Special Procedures' report
- Thèmes
- Food & Nutrition
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2010
Paragraphe
Access to land and the right to food 2010, para. 35
- Paragraph text
- It can be argued that part of the reason for this mixed outcome, lies in the strongly ideological overtones of the debate about how to implement land reform. Over the past generation, the major divide has been between centralized, or State-led, agrarian reform, effectuated through State land acquisitions compensated at below-market prices, and decentralized, or market-led, agrarian reform, based on the principle of a willing buyer and a willing seller. Although State-led agrarian reform has become less common, FAO continues to receive requests for assistance regarding such reform, and certain countries are still redistributing land or have committed to doing so. Since the 1990s, however, there has been a trend towards market-led agrarian reform, as illustrated by programmes such as the Cédula da Terra project, launched in Brazil during the period 1996-2001 and since renewed; the Colombian programme developed under Agrarian Law 160 of 1994; the South African Reconstruction and Development Programme, launched in 1994; the Community-Based Rural Land Development Project in Malawi; and the voluntary land transfer scheme in the Philippines.
- Organe
- Special Rapporteur on the right to food
- Type de document
- Special Procedures' report
- Thèmes
- Economic Rights
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2010
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