1.
Francesca Romano, Land Tenure Officer, FAO, Rome
Tenure and Fishing Rights 2015
23-27 March Siem Reap, Cambodia
The Voluntary Guidelines on the Responsible
Governance of Tenure of Land, Fisheries and
Forests
Securing tenure rights in fisheries

2.
Content
1. VGGT nature and approaches
2. Why were the VGGT developed?
3. Why are the VGGT relevant to fisheries
4. VGGT content
5. Who do the VGGT apply to?
6. How can the VGGT be used?
7. Drawing on examples

3.
State should recognize and respect all legitimate
tenure right holders and their rights. They should
take reasonable measures to identify, record and
respect legitimate tenure right holders and their
rights, whether formally recorded or not; to refrain
from infringement of tenure rights of others; and to
meet the duties associated with tenure rights
(VGGT, General principle 1)

4.
The first global
soft law
instrument on
tenure
Negotiated by
governments;
participation of
civil society and
private sector
Consensus on
“internationally
accepted
practices” that
already exist.
A reference for
improving the
governance of land,
fisheries and forest
tenure

5.
1. VGGT nature and approaches
Endorsed by CFS in May 2012, first ever internationally
agreed document on the governance of tenure.
Centrality of legitimate tenure rights for sustainable
livelihoods.
Encourage States to recognize, respect and protect
all tenure rights holders and their rights, including
Indigenous and customary tenure.

6.
Have a human rights based approach (linked to RtF
and SSF guidelines).
Interrelation between different sets of tenure rights
(formal, informal, collective, customary,
Indigenous Peoples etc.) and different natural
resources.
Cover a very broad spectrum of areas.

7.
Discrimination
Tenure rights not recognized
Bribery
Forced eviction
State capture
Inequitable access
Expensive and difficult procedures
No 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
2. Why were the VGGT developed?

8.
Access to land, fisheries and forests
TENURE SECURITY FOOD SECURITY

9.
• Land and fisheries tenure rights need to be
combined
• Livelihoods of fishing communities under
pressure by land based investments
• The commons
3. Why are the VGGT relevant to fisheries

10.
Guidance which applies
to all sections
Part 2: General Matters
Provides overall guidance:
• Guiding principles.
• Tenure rights.
• Policy, legal and
organizational frameworks.
• Delivery of services.
Part 1: Preliminary
Sets the direction:
• Objectives
• Nature and scope

11.
• 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 Guidelines
GENERAL PRINCIPLES

12.
Part 4: Transfers and other
changes to tenure rights
• Markets
• Investments
• Readjustments
• Restitution
• Redistributive reforms
• Expropriation
Part 3: Legal recognition
and allocation of tenure rights
• Safeguards
• Public lands, fisheries and
forests
• Indigenous peoples and
others with customary tenure
• Informal tenure

13.
Part 5: Administration
of tenure
• Records of tenure rights
• Valuation
• Taxation
• Regulated spatial planning
• Resolution of disputes over tenure
• Transboundary matters

14.
Part 7: Promotion,
implementation,
monitoring and evaluation
Part 6: Responses to climate
change and emergencies
• Climate change
• Natural disasters
• Conflicts

15.
5. WHO DO THE GUIDELINES APPLY TO?
The whole of society needs to be involved because tenure
of land, fisheries and forest affects everyone in some way.
States
Courts and
agencies
Tenure
professionals Academics
Communities
and people
Civil society
Businesses and
investors
Human
rights
institutions

16.
Monitoring &
evaluation
Build capacity for
implementation
Design / revise
policies and laws
Assess legal / policy
/ institutional
framework
Assess reality on
the ground
Improved Tenure
Governance
Provide space for
inclusive discussions
6. How can the VGGT be used?

17.
• Sierra Leone: assessing the policy and legal
framework using VGGT and SSFG.
• Senegal river basin: building of multi-
stakeholder platforms, conducting governance
assessment (including fisheries component).
6. Drawing on examples

18.
18
Thank you for your attention
Newsletter
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19.
• “Governance of tenure comprises the
mechanisms and processes according to which
citizens and groups can articulate their
interests, mediate their differences and
exercise their legal rights and obligations in
respect to land and other natural resources.”

20.
Governance is the way in which access to and control over
natural resources is managed in a society. It includes, among
other things, how competing priorities and interests of different
groups are reconciled.
Responsible Governance is about doing the right thing and
doing it well.
Tenure: How people get access to natural resources - Who
can use what resources, for how long, and under what
conditions