Creating A System To Record Tenure Rights And First Registration

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.

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.

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.

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.

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.

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.

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.

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.