Natural Resources Management and Environment Department

FOOD AND AGRICULTURE ORGANIZATION OF THE UNITED NATIONS

Attaher MaigaFAO representative

26-27 April 2 0 1 3

PAP Seminar

Food and Agriculture Organization of the United Nations

Voluntary Guidelines on the responsible governance of tenure of land, fisheries and forests in the context of national food security

Kigali

Principles for responsible agricultural investment

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• Endorsed by CFS May 2012

• Implementation encouraged by G20, Rio+20, Francophone

Parliamentary Assembly and UN General Assembly

• Partner and other stakeholder initiatives

• Thousands of references and news items worldwide

• An FAO priority and mainstreaming

Voluntary Guidelines on the Governance of TenureAN UNPRECEDENTED INTERNATIONAL AGREEMENT

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... set out principles

... provide a benchmark

…contribute to the improvement and development of policy, legal and organizational frameworks

... are voluntary

... do not replace laws or treaties

Voluntary Guidelines on the Governance of TenureA REFERENCE DOCUMENT

FAO acting as a facilitator to implement the Guidelines

•Awareness raising

•Capacity development

•Support to countries

•Strengthening of partnerships

•Monitoring and evaluationFrom PRINCIPLES

To ACTION

The real value of the Guidelines will be determined by their contribution to changes in the lives and livelihoods of men and women around the globe, particularly the vulnerable and marginalized

Building on the consensus FROM PRINCIPLES TO ACTIONSAn

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Discrimination

Tenure rights not recognized

Bribery

Forced eviction

State capture

Inequitable access

Expensive and difficult proceduresNo accountability or

transparency

Limited capacity

Contradictory laws and policies

Governing institutions have not adapted to growing intensity of competition

INCREASING COMPETITION FOR NATURAL RESOURCES:

• Population growth

• Urbanization

• Changing diets

• Demand for energy

Problems of tenure and weak

governance

6

Part 1: Preliminary

Part 2: General Matters

Part 3: Legal recognition and allocation of tenure rights

Part 4: Transfers and other changes to tenure rights

Part 5: Administration of tenure

Part 6: Responses to emergencies

Part 7: Promotion, implementation, monitoring and

evaluation

• RECOGNIZE AND RESPECT legitimate holders of tenure rights, and their rights.

• SAFEGUARD legitimate tenure rights against threats.

• PROMOTE AND FACILITATE the enjoyment of legitimate tenure rights.

• PROVIDE access to justice to deal with infringements.

• PREVENT tenure disputes, conflicts, and opportunities for corruption.

Contents of the Voluntary Guidelines GENERAL PRINCIPLES

Contents of the Voluntary Guidelines PRINCIPLES OF IMPLEMENTATION

Voluntary Guidelines…•acknowledge the role of responsible public and private investments•recognize the share of smallholder producers and their organizations•encourage safeguard of legitimate tenure rights, transparency of transactions, compensation, partnerships, prior independent assessments, monitoring and control of implementation•put forward principles of consultation , participation and FPIC

Contents of the Voluntary Guidelines THE GUIDELINES AND QUESTIONS OF INVESTMENTThe Guidelines look at investments from TENURE point of view. Principles apply to states, investors and service providers.

• Among the most effective ways to reduce poverty and hunger => much more investment is needed

• As the largest investors in primary agriculture, farmers must be central to agricultural investment strategies

• Their investments must be stimulated and complemented by public investments in key public goods and corporate private investments along the agricultural value chain

• But benefits cannot be expected to arise automatically, and some forms of investment carry risks for local communities and the environment

Agricultural investmentIN DEVELOPING COUNTRIES

• Inclusive business models: Positive effects on local economy when farmers keep control over land and are involved early

• Large-scale land acquisitions: In many cases the disadvantages outweigh the few benefits

• No ideal business model for all contexts• Impacts depend on many factors apart from

choice of business model• Domestic laws & institutions are key, but often

inadequate to address the risks and maximize the opportunities of increased competition for land and natural resources

• International guidance needed

Agricultural investmentFINDINGS FROM CASE STUDIES ON FDI IN PRIMARY AGRICULTURE

• Proposed by FAO, IFAD, UNCTAD and the World Bank in 2010 • A response to the challenges of large-scale land acquisitions and the

need for increased agricultural investment• Voluntary• Can help governments develop laws & regulations• May be used as “checklist” when assessing projects• A “living document” to be updated with the results of ongoing

research and field-testing

Principles for Responsible Agricultural InvestmentTHAT RESPECT RIGHTS, LIVELIHOODS AND RESOURCES (PRAI)

1. Respect of tenure rights2. Do not jeopardize but rather strengthen food security3. Governance framework ensures transparency and accountability4. Consult & involve stakeholders5. Investors must respect laws and ensure durable shared value6. Generate positive social impacts7. Ensure environmental sustainability

Principles for Responsible Agricultural InvestmentTHAT RESPECT RIGHTS, LIVELIHOODS AND RESOURCES (PRAI)

Key elements of PRAI

• Initiated in 2012 to develop and ensure broad ownership of principles for responsible agricultural investments that contribute to food security and nutrition

• Considers all investment in agriculture, fisheries and forestry along the entire value chain and all stakeholders

• Will be based on Human Rights principles including the Right to Food, draw upon the VGGT and take into account other existing instruments including PRAI

• Planned to be endorsed by the CFS in October 2014

CFS consultations on PRINCIPLES FOR RESPONSIBLE AGRICULTURAL INVESTMENT THAT ENHANCES FOOD SECURITY AND NUTRITION

More information

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www.fao.org/nr/tenure

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VG-tenure@fao.org