Natural Resources Management and Environment Department FOOD AND AGRICULTURE ORGANIZATION OF THE UNITED NATIONS Attaher Maiga FAO representative April 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 And

Andrew Hilton 2 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 Tenure AN UNPRECEDENTED INTERNATIONAL AGREEMENT Andrew Hilton

... 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 Tenure A REFERENCE DOCUMENT

FAO acting as a facilitator to implement the Guidelines Awareness raising Capacity development Support to countries Strengthening of partnerships Monitoring and evaluation From 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 ACTIONS Andrew Hilton

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 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

Human dignity Non-discrimination Equity and justice Gender equality Holistic and sustainable approach Consultation and participation Rule of law Transparency Accountability Continuous improvement 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 INVESTMENT The 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 investment IN 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 investment FINDINGS 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 Investment THAT RESPECT RIGHTS, LIVELIHOODS AND RESOURCES (PRAI)

1.Respect of tenure rights 2.Do not jeopardize but rather strengthen food security 3.Governance framework ensures transparency and accountability 4.Consult & involve stakeholders 5.Investors must respect laws and ensure durable shared value 6.Generate positive social impacts 7.Ensure environmental sustainability Principles for Responsible Agricultural Investment THAT 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

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