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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
- Date ajouter
- 19 août 2019
Paragraphe
Effects of pesticides on the right to food 2017, para. 107i
- Paragraph text
- [States should:] Create buffer zones around plantations and farms until pesticides are phased out, to reduce pesticide exposure risk;
- Organe
- Special Rapporteur on the right to food
- Type de document
- Special Procedures' report
- Thèmes
- Environment
- Food & Nutrition
- Health
- Personnes concernées
- N.A.
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Effects of pesticides on the right to food 2017, para. 107l
- Paragraph text
- [States should:] Regulate corporations to respect human rights and avoid environmental damage during the entire life cycle of pesticides;
- Organe
- Special Rapporteur on the right to food
- Type de document
- Special Procedures' report
- Thèmes
- Environment
- Food & Nutrition
- Health
- Personnes concernées
- N.A.
- Année
- 2017
- Date ajouter
- 19 août 2019
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
- Date ajouter
- 19 août 2019
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
- Date ajouter
- 19 août 2019
Paragraphe
Access to land and the right to food 2010, para. 4
- Paragraph text
- Access to land and security of tenure are essential to ensure the enjoyment of not only the right to food, but also other human rights, including the right to work (for landless peasants) and the right to housing. This fact led the former Special Rapporteur on the right to adequate housing to conclude that the Human Rights Council should "ensure the recognition in international human rights law of land as a human right". The present report confirms that conclusion, while taking the right to food as its departure point. It describes the increasing pressures on land. It then discusses the right of land users to be protected in terms of their existing access to natural resources, particularly land. It also argues in favour of ensuring more equitable access to land.
- Organe
- Special Rapporteur on the right to food
- Type de document
- Special Procedures' report
- Thèmes
- Food & Nutrition
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- All
- Année
- 2010
- Date ajouter
- 19 août 2019
Paragraphe
Access to land and the right to food 2010, para. 6
- Paragraph text
- The pressures on land are increasing dramatically. As rural populations grow, plots cultivated are becoming smaller per capita and per household. In India, the average landholding size fell from 2.6 hectares in 1960 to 1.4 hectares in 2000 and continues to decline; similar evolutions have been documented in Bangladesh, the Philippines and Thailand, where the decline in the average farm size is combined with an increase in landlessness. The trend is not limited to the Asian region. In Eastern and Southern Africa, the amount of cultivated land per capita declined by half over the past generation, and in a number of countries the average cultivated area now amounts to less than 0.3 hectares per capita. This phenomenon is compounded by erosion and soil depletion: worldwide, 5 million to 10 million hectares of agricultural land are being lost annually to severe degradation. And it would be difficult to expand the areas under cultivation to the degree required to accommodate the growth of rural populations, since forests have a major role in storing carbon and deforestation is already a major contributor to greenhouse gas emissions.
- Organe
- Special Rapporteur on the right to food
- Type de document
- Special Procedures' report
- Thèmes
- Environment
- Personnes concernées
- N.A.
- Année
- 2010
- Date ajouter
- 19 août 2019
Paragraphe
Access to land and the right to food 2010, para. 7
- Paragraph text
- These long-term trends have been exacerbated in recent years by policies that have further increased the pressures on farmland. In many regions, under export-driven agricultural policies, large-scale plantations have developed for the production of food, energy or cash crops. While the tendency towards land concentration has resulted primarily from a dominant model of agricultural development that rewards the most mechanized and capital-intensive farms, it has also been encouraged by the expansion of long supply chains. This has generally favoured large agricultural producers, which are better connected to markets and can more easily produce the volumes and meet the standards required for export. The competition among various uses of farmland has recently been increased by policies favouring the switch to biofuels in transport, which leads to competing resource claims on the part of local resource users, Governments and incoming agrofuel producers, creating the risk that poorer groups will lose access to the land on which they depend. A recent inventory by the World Bank listing 389 large-scale acquisitions or long-term leases of land in 80 countries shows that, while 37 per cent of the so-called investment projects are intended to produce food (crops and livestock), agrofuels represent 35 per cent of such projects. For all these reasons, the Special Rapporteur has insisted that investments implying a shift in land rights should be treated with great caution. At the thirty-sixth session of the Committee on World Food Security, he will detail both the risks of large-scale land investments and possible alternative business models.
- Organe
- Special Rapporteur on the right to food
- Type de document
- Special Procedures' report
- Thèmes
- Economic Rights
- Environment
- Personnes concernées
- N.A.
- Année
- 2010
- Date ajouter
- 19 août 2019
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
- Date ajouter
- 19 août 2019
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
- Date ajouter
- 19 août 2019
Paragraphe
Access to land and the right to food 2010, para. 12
- Paragraph text
- In addition, the right of all peoples to freely dispose of their natural wealth and resources - as provided for in article 1 of the International Covenant on Economic, Social and Cultural Rights of 16 December 1966 and in article 1 of the International Covenant on Civil and Political Rights of 16 December 1966 - entails the protection of indigenous peoples from certain forms of dispossession from their territories or from the resources on which they depend. Article 5 (d) (v) of the International Convention on the Elimination of All Forms of Racial Discrimination also protects the right of indigenous communities to their lands. And the right of indigenous peoples to the official recognition and registration of their territories has been affirmed under relevant regional human rights instruments. The Inter-American Court of Human Rights and the African Commission on Human and Peoples' Rights consider that indigenous people's traditional possession of their lands has effects equivalent to those of a State-granted full property title: therefore, where members of indigenous peoples have unwillingly lost possession of their lands after a lawful transfer to innocent third parties, they are entitled to the restitution thereof or to obtain other lands of equal extension and quality. The right of indigenous communities to their lands includes the right to the natural resources contained therein. Property, as protected under article 21 of the American Convention on Human Rights, is considered to constitute a collective right of indigenous people, since land ownership is often centred not on the individual, but rather on the group and its community. Thus, States may have to recognize the customary systems of land tenure that protect communal property rights - for example, by giving the community a right to veto the alienation of its land by one of its constituent members, whether an individual or a clan, village or tribe.
- Organe
- Special Rapporteur on the right to food
- Type de document
- Special Procedures' report
- Thèmes
- Environment
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- Ethnic minorities
- Année
- 2010
- Date ajouter
- 19 août 2019
Paragraphe
Access to land and the right to food 2010, para. 13
- Paragraph text
- International human rights law protects the relationship of indigenous communities with their lands, territories and resources by requiring States to demarcate such land, protect it from encroachment and respect the right of the communities concerned to manage it according to their internal modes of organization. Although sometimes those guarantees seem to be honoured more in the breach than in the observance, case law shows that use rights derived from customary tenure can be recognized and protected by the legal system; it also shows that the right to communal property - a right of the community rather than of the individual - is an alternative to individual property rights. On both counts, it can serve as a source of inspiration, in order to enhance the protection of the rights of other users of natural resources.
- Organe
- Special Rapporteur on the right to food
- Type de document
- Special Procedures' report
- Thèmes
- Environment
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- Ethnic minorities
- Année
- 2010
- Date ajouter
- 19 août 2019
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
- Date ajouter
- 19 août 2019
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
- Date ajouter
- 19 août 2019
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
- Date ajouter
- 19 août 2019
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
- Date ajouter
- 19 août 2019
Paragraphe
Access to land and the right to food 2010, para. 22
- Paragraph text
- A number of countries, particularly in Africa, have extended formal legal recognition to existing customary rights, including collective rights, as an alternative to individual titling. Typically, neither individual members of households nor communities, through their representatives, can dispose of their land, for example, by selling it. Yet, the formal legal recognition of customary rights provides effective security. It favours long-term investments in the land. It may also facilitate access to credit, since creditors (although they will not be able to take possession of the land in the event of default) can be assured of the long-term viability of the investments that they help to finance. And it allows for the emergence of rental markets, which can improve access to land, particularly for land-scarce and labour-abundant households with little education. At the same time, there is a high risk that traditional, patriarchal forms of land distribution will be further legitimized through the recognition of customary forms of tenure, in violation of women's rights. Such risks should be addressed through the inclusion of strict safeguards in the process of such recognition.
- 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
- Women
- Année
- 2010
- Date ajouter
- 19 août 2019
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
- Date ajouter
- 19 août 2019
Paragraphe
Access to land and the right to food 2010, para. 24
- Paragraph text
- True legal empowerment of the poor, then, should be seen as including the following: (a) a protection from eviction; (b) the provision of tools (legal aid, legal literacy training, paralegals) to ensure that formally recognized rights can be effectively defended; (c) support for land users in their utilization of the land; and (d) strengthening of the capacity of land administrations and efforts to combat corruption in those administrations. Individual titling schemes should be encouraged only where they can be combined with the codification of users' rights based on custom, and where the conditions have been created to ensure that the establishment of a land rights market will not lead to further land concentration. Customary forms of tenure, which are often perceived as highly legitimate, should be recognized although it is important that such systems be carefully scrutinized and, if necessary, amended, to bring them into line with women's rights, the use rights of those who depend on commons and the rights of the most vulnerable members of the community.
- Organe
- Special Rapporteur on the right to food
- Type de document
- Special Procedures' report
- Thèmes
- Social & Cultural Rights
- Personnes concernées
- Women
- Année
- 2010
- Date ajouter
- 19 août 2019
Paragraphe
Access to land and the right to food 2010, para. 25
- Paragraph text
- The protection of land-users' rights should not be limited to improving farmers' security of tenure. Fisherfolk need access to fishing grounds and may be severely affected by the fencing-off of land that provides access to the sea or to rivers. Pastoralists need grazing grounds for the animals that they raise. For these groups, as well as those practicing itinerant forms of agriculture, the formalization of property rights and the establishment of land registries may be the problem, not the solution: it may cause them to be fenced off from the resources on which they depend, making them victims of the vast enclosure movement that may result from titling. In Kenya, pastoralists whose rights were ignored in the formalization process have reportedly been the victims of violent land-grabbing by ranchers and others seeking scarce resources. Since they have no legal claim to the land, they cannot seek redress. In the United Republic of Tanzania, five years after a major titling effort had begun, pastoralists reported their eviction from multiple common grazing areas and were under threat of losing other grazing lands because those lands had been classified as "unused".
- Organe
- Special Rapporteur on the right to food
- Type de document
- Special Procedures' report
- Thèmes
- Environment
- Social & Cultural Rights
- Année
- 2010
- Date ajouter
- 19 août 2019
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
- Date ajouter
- 19 août 2019
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
- Date ajouter
- 19 août 2019
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
- Date ajouter
- 19 août 2019
Paragraphe
Access to land and the right to food 2010, para. 30
- Paragraph text
- In addition to its economic functions of stimulating growth and reducing rural poverty, more equitable access to land for the rural poor contributes to social inclusion and economic empowerment. Access to land also improves food security, since it makes food more easily and cheaply available, providing a buffer against external shocks. Evidence resulting from land redistribution in China suggests that "even though access to land insures household income only moderately against shocks, it provides almost complete insurance against malnutrition". More equitable land distribution and the development of owner-operated family farms are thus desirable on both efficiency and equity grounds. Small family-owned farms can use the land in more sustainable ways, since sustainable farming is often more labour-intensive and requires the linking of farmers to the land. Moreover, where rural areas face high unemployment and underemployment and relative scarcity of land, it is more sensible, from both an economic perspective and a social justice perspective, to raise land productivity than to try to increase labour productivity.
- Organe
- Special Rapporteur on the right to food
- Type de document
- Special Procedures' report
- Thèmes
- Poverty
- Personnes concernées
- Families
- Année
- 2010
- Date ajouter
- 19 août 2019
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
- Date ajouter
- 19 août 2019
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
- Date ajouter
- 19 août 2019
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
- Date ajouter
- 19 août 2019
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
- Date ajouter
- 19 août 2019
Paragraphe
Access to land and the right to food 2010, para. 37
- Paragraph text
- There are strong arguments, however, in favour of land reform as contributing to the progressive realization of the human right to food, at least in contexts characterized by (a) a high degree of concentration of land ownership (such as a level of inequality higher than a Gini coefficient of 0.65), combined with (b) a significant level of rural poverty attributable to landlessness or the cultivation of excessively small plots of land by smallholders. The implication is that States should monitor existing inequalities in terms of access to land and, where both circumstances are present, should allocate the maximum available resources to agrarian reform schemes and implement those programmes in accordance with the principles of participation, transparency and accountability, to protect them from being appropriated by local elites. Where States fail to establish land redistribution schemes, they should provide justifications for not having done so.
- Organe
- Special Rapporteur on the right to food
- Type de document
- Special Procedures' report
- Thèmes
- Economic Rights
- Governance & Rule of Law
- Poverty
- Social & Cultural Rights
- Personnes concernées
- All
- Année
- 2010
- Date ajouter
- 19 août 2019
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
- Date ajouter
- 19 août 2019
Paragraphe