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This guide examines the responsibilities of private sector lawyers in avoiding and addressing, preventing and mitigating adverse human rights impacts on tenure right holders when advising on agricultural investments. These responsibilities arise under international standards for the protection of legitimate tenure rights, including the UN FAO Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests in the context of national food security (VGGT), as considered within the framework of international human rights laws which underpin aspects of those standards. In the light of the United Nations Guiding Principles on Business and Human Rights (UNGP), the guide considers the dual responsibility of lawyers in this context: (1) through the impact of these standards on the professional duties of the lawyer (including in-house counsel) towards the investor client and (2) through the impact on the law firm’s responsibilities as a business in its own right, in the light of its corporate social responsibility (CSR) commitments. The guide examines the requirements for due diligence in this context and makes a number of recommendations to promote compliance with UNGP on behalf both of the investor client and of the law firm, considered as a business in its own right.
"This guide examines the responsibilities of private sector lawyers in avoiding and addressing, preventing and mitigating adverse human rights impacts on tenure right holders when advising on agricultural investments. These responsibilities arise under international standards for the protection of legitimate tenure rights, including the UN FAO Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests in the context of national food security (VGGT), as considered within the framework of international human rights laws which underpin aspects of those standards. In the light of the United Nations Guiding Principles on Business and Human Rights (UNGP), the guide considers the dual responsibility of lawyers in this context: (1) through the impact of these standards on the professional duties of the lawyer (including in-house counsel) towards the investor client and (2) through the impact on the law firm's responsibilities as a business in its own right, in the light of its corporate social responsibility (CSR) commitments. The guide examines the requirements for due diligence in this context and makes a number of recommendations to promote compliance with UNGP on behalf both of the investor client and of the law firm, considered as a business in its own right."--Publisher's description
Building on the anti-corruption provisions of the Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests in the Context of National Food Security, this legal paper defines the multiple manifestations of political land corruption, explores the international and national legal instruments available to address the problem and suggests a three-pronged strategy to tackle corruption, focusing on the role of national authorities, local communities and international actors.
Land consolidation is a highly effective land management instrument that allows for the improvement of the structure of agricultural holdings and farms in a country, which increases their economic and social efficiency and brings benefits both to right holders as well as to society in general. Since land consolidation gives mobility to land ownership and other land rights, it may also facilitate the allocation of new areas with specific purposes other than agriculture, such as for public infrastructure or nature protection and restoration. Land consolidation instruments necessitate a thoroughly elaborated legal regulation that is integrated into the national legal framework. This legal guide provides detailed guidance on legislative issues regarding land consolidation in ways that align with Voluntary Guidelines on Responsible Governance of Tenure of Land, Fisheries and Forests in the Context of National Food Security and international human rights law. It focuses on land consolidation in rural areas and is based on regional good land consolidation legislative practices in Europe, primarily on analysis of the regulatory practices in Denmark, Finland, Germany, Lithuania, the Netherlands, Serbia, Spain (Galicia) and Turkey. It also uses land consolidation regulatory practices in other European countries as a source of information. This legal guide is published in collaboration with the FAO Regional Office for Europe and Central Asia.
A solid international consensus has emerged on the importance of nutrition for children’s development and well-being. At the Second International Conference on Nutrition (ICN2), the Member States of the Food and Agriculture Organization of the United Nations (FAO) and the World Health Organization (WHO) committed to developing policies, programmes and initiatives to ensure healthy diets throughout the children’s life cycle, emphasizing the potential of schools as platforms for integrated action. This Guide promotes a holistic and human rights-based approach to school food and nutrition, in which legislation is an indispensable tool to ensure the sustainability of public policy goals set by a country. In light of international law and standards, it provides practical information and guidance to develop or strengthen national legislation to improve food security and nutrition in schools as well as community development. The Guide presents a range of regulatory options and legislative examples of state practice that may contribute to building sound and coherent legal frameworks for school food and nutrition. It is a useful resource for law practitioners, policymakers, parliamentarians, and all actors who are involved in the design, implementation, or monitoring of school programmes and policies and most particularly, for those interested in taking legislative action (law-making or law reform).
Abstract: Recent years have witnessed a renewed interest in private-sector investment in agriculture. Some have welcomed this trend as a bearer of new livelihood opportunities in lower and middle-income countries. Others have raised concerns about the possible social impacts, including loss of local rights to land, water and other natural resources; threats to local food security; and, more generally, the risk that large-scale investments may marginalise family farmers. The recent debates about 201Cland grabbing201D - whereby investors acquire large areas of land in lower- and middle-income countries - illustrate these trends and positions. There is great demand for insights on how to structure agricultural investments in ways that leave land and share value with local farmers and communities. And in many parts of the world, there is growing experience with models for structuring agricultural investments other than large-scale land acquisitions
Increased global demand for land posits the need for well-designed country-level land policies to protect long-held rights, facilitate land access and address any constraints that land policy may pose for broader growth. While the implementation of land reforms can be a lengthy process, the need to swiftly identify key land policy challenges and devise responses that allow the monitoring of progress, in a way that minimizes conflicts and supports broader development goals, is clear. The Land Governance Assessment Framework (LGAF) makes a substantive contribution to the land sector by providing a quick and innovative tool to monitor land governance at the country level. The LGAF offers a comprehensive diagnostic tool that covers five main areas for policy intervention: Legal and institutional framework; Land use planning, management and taxation; Management of public land; Public provision of land information; and Dispute resolution and conflict management. The LGAF assesses these areas through a set of detailed indicators that are rated on a scale of pre-coded statements (from lack of good governance to good practice). While land governance can be highly technical in nature and tends to be addressed in a partial and sporadic manner, the LGAF posits a tool for a comprehensive assessment, taking into account the broad range of issues that land governance encompasses, while enabling those unfamiliar with land to grasp its full complexity. The LGAF will make it possible for policymakers to make sense of the technical levels of the land sector, benchmark governance, identify areas that require further attention and monitor progress. It is intended to assist countries in prioritizing reforms in the land sector by providing a holistic diagnostic review that can inform policy dialogue in a clear and targeted manner. In addition to presenting the LGAF tool, this book includes detailed case studies on its implementation in five selected countries: Peru, the Kyrgyz Republic, Ethiopia, Indonesia and Tanzania.