2022 ENG Part 1 M3 L2 - Establishing and Improving Frame
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Establishing and Improving Frameworks for Land Tenure
Module 3 Lesson 2
START
Welcome To M3 L2
Objectives
Glossary
RESTORATION AND LAND TENURE
RESPONSIBLE TENURE GOVERNANCE
USING THE LTPR MATRIX
ADJUSTING THE LTPR MATRIX
PRINCIPLES OF TENURE GOVERNANCE
Tools
Considerations
M3 L2 COMPLETE
REFERENCES
LTPR MATRIX
Welcome to Module 3 Lesson 2
As noted in earlier lessons, it is important to recognize the land rights of Indigenous Peoples and local communities - the groups often most affected by ecosystem restoration interventions. This lesson focuses on understanding the terms of land tenure and, where possible, establishing or improving the framework for regulating it.
PRINCIPLE 5
Objectives
In this lesson, you will learn:
The principles of responsible tenure governance.
A method for establishing or improving a legal and policy framework for land tenure.
01
02
Welcome To M3 L2
Objectives
Glossary
RESTORATION AND LAND TENURE
RESPONSIBLE TENURE GOVERNANCE
USING THE LTPR MATRIX
ADJUSTING THE LTPR MATRIX
PRINCIPLES OF TENURE GOVERNANCE
Tools
Considerations
M3 L2 COMPLETE
REFERENCES
LTPR MATRIX
Indigenous communities, peoples and nations
Land policy
Property rights
Tenure
The following terms will be used in Module 3 Lesson 2. Please click the terms in the right hand panel to familiarize yourself with their definitions.
Indigenous communities, Peoples and nations
Individuals who, having a historical continuity with pre-invasion and pre-colonial societies that developed on their territories, consider themselves distinct from other sectors of the societies now prevailing in those territories, or parts of them.i
Welcome To M3 L2
Objectives
Glossary
RESTORATION AND LAND TENURE
RESPONSIBLE TENURE GOVERNANCE
USING THE LTPR MATRIX
ADJUSTING THE LTPR MATRIX
PRINCIPLES OF TENURE GOVERNANCE
Tools
Considerations
M3 L2 COMPLETE
REFERENCES
LTPR MATRIX
REFERENCE
This information is drawn from the following resource: iUN-REDD Programme. 2013. Guidelines on Free, Prior and Informed Consent. Available here (p. 36).
The following terms will be used in Module 3 Lesson 2. Please click the terms in the right hand panel to familiarize yourself with their definitions.
Land policy
A tool employed by governments and supported by donors to outline a set of goals and interventions aimed at meeting objectives related to land tenure, land-use, land management, property rights, and land administration structures.i
Indigenous communities, peoples and nations
Land policy
Property rights
Tenure
Welcome To M3 L2
Objectives
Glossary
RESTORATION AND LAND TENURE
RESPONSIBLE TENURE GOVERNANCE
USING THE LTPR MATRIX
ADJUSTING THE LTPR MATRIX
PRINCIPLES OF TENURE GOVERNANCE
Tools
Considerations
M3 L2 COMPLETE
REFERENCES
LTPR MATRIX
REFERENCE
This information is drawn from the following resource: iMyers, G., & Freudenberger, M. 2013. Land Tenure and Property Rights Framework. Available here (p. 8).
The following terms will be used in Module 3 Lesson 2. Please click the terms in the right hand panel to familiarize yourself with their definitions.
Property rights
A bundle of rights to use, control, and transfer assets, including land.i
Indigenous communities, peoples and nations
Land policy
Property rights
Tenure
Welcome To M3 L2
Objectives
Glossary
RESTORATION AND LAND TENURE
RESPONSIBLE TENURE GOVERNANCE
USING THE LTPR MATRIX
ADJUSTING THE LTPR MATRIX
PRINCIPLES OF TENURE GOVERNANCE
Tools
Considerations
M3 L2 COMPLETE
REFERENCES
LTPR MATRIX
REFERENCE
This information is drawn from the following resource: iMyers, G., & Freudenberger, M. 2013. Land Tenure and Property Rights Framework. Available here (p. 7).
The following terms will be used in Module 3 Lesson 2. Please click the terms in the right hand panel to familiarize yourself with their definitions.
Tenure
Relationships between people in relation to land and other natural resources. This is often described as bundles of rights to access and use resources. Tenure includes the right to exclude others.i
Indigenous communities, peoples and nations
Land policy
Property rights
Tenure
Welcome To M3 L2
Objectives
Glossary
RESTORATION AND LAND TENURE
RESPONSIBLE TENURE GOVERNANCE
USING THE LTPR MATRIX
ADJUSTING THE LTPR MATRIX
PRINCIPLES OF TENURE GOVERNANCE
Tools
Considerations
M3 L2 COMPLETE
REFERENCES
LTPR MATRIX
REFERENCE
This information is drawn from the following resource: iAlcorn, J. 2014. Strengthen Tenure Security. Conflict Sensitive Adaptation: Use Human Rights to Build Social and Environmental Resilience. Brief 3. Indigenous Peoples of Africa Co-ordinating Committee and IUCN Commission on Environmental, Economic and Social Policy. Available here.
Restoration and land tenure
The process of ecosystem restoration has implications for the access to natural resources by the people inhabiting an ecosystem that is being restored, and their relation to these resources. In other words, it has impacts on land and natural resource tenure. As you are carrying out your restoration program, it is important to fully involve all stakeholders and rights holders in the decision-making process and in establishing a framework for land tenure governance, to support local ownership and interests, and to avoid undesired socio-economic implications of your program for the affected population.
Welcome To M3 L2
Objectives
Glossary
RESTORATION AND LAND TENURE
RESPONSIBLE TENURE GOVERNANCE
USING THE LTPR MATRIX
ADJUSTING THE LTPR MATRIX
PRINCIPLES OF TENURE GOVERNANCE
Tools
Considerations
M3 L2 COMPLETE
REFERENCES
LTPR MATRIX
Responsible governance of tenure promotes sustainable social and economic development that can help eradicate poverty and food insecurity, and encourages responsible investment.
Responsible tenure governance
Weak governance affects social stability, sustainable use of the environment, investment, and economic growth. People may even lose their lives when weak tenure governance leads to violent conflict.i
During your restoration program, it is important to:Ensure responsible governance of tenure.Guarantee that all actions regarding tenure and its governance are consistent with their existing obligations under national and international law.Provide legal recognition for legitimate tenure rights and protect those rights.Facilitate the participation of users of land and the resources it provides, such as fisheries and forests, in the process of tenure governance.ii
1
2
3
4
Welcome To M3 L2
Objectives
Glossary
RESTORATION AND LAND TENURE
RESPONSIBLE TENURE GOVERNANCE
USING THE LTPR MATRIX
ADJUSTING THE LTPR MATRIX
PRINCIPLES OF TENURE GOVERNANCE
Tools
REFERENCE
Considerations
M3 L2 COMPLETE
REFERENCES
LTPR MATRIX
This information is drawn from the following resource: iFAO. 2012. Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests in the Context of Food Security. Available here (p. v). iiFAO. 2012. Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests in the Context of Food Security. Available here (p. 6-7).
Principles of tenure governance
The Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests in the Context of National Food Security were developed through four regional consultations. These guidelines provide the principles of implementation that are essential to contribute to responsible governance of tenure of land, fisheries, and forests.i Click on each principle to learn more.
Human dignity.
Non-discrimination.
1
Equity and justice.
2
Gender equality.
3
Holistic and sustainable approach.
4
Consultation and participation.
5
Rule of law.
6
7
Transparency.
Accountability.
8
Continuous improvement.
9
REFERENCE
REFERENCE
10
Welcome To M3 L2
Objectives
Glossary
RESTORATION AND LAND TENURE
RESPONSIBLE TENURE GOVERNANCE
USING THE LTPR MATRIX
ADJUSTING THE LTPR MATRIX
PRINCIPLES OF TENURE GOVERNANCE
Tools
Considerations
M3 L2 COMPLETE
REFERENCES
LTPR MATRIX
This information is drawn from the following resource: iFAO. 2012. Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests in the Context of Food Security. Available here (p. v). iiFAO. 2012. Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests in the Context of Food Security. Available here (p. 6-7).
This information is drawn from the following resource: iFAO. 2012. Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests in the Context of Food Security. Available here (p. 4-5).
Human dignity.
Recognizing the inherent dignity and the equal and inalienable human rights of all individuals.
1
Non-discrimination.
No one should be subject to discrimination under law and policies, as well as in practice.
2
Equity and justice.
Recognizing that equality between individuals may require acknowledging differences between individuals and taking positive action, including empowerment, in order to promote equitable tenure rights and access to land, fisheries and forests, for all, women and men, youth, and vulnerable and traditionally marginalized people, within the national context.
3
Gender equality.
Ensuring the equal right of women and men to the enjoyment of all human rights, while acknowledging differences between women and men and taking specific measures aimed at accelerating de facto equality when necessary.
4
Holistic and sustainable approach.
Recognizing that natural resources and their uses are interconnected, and adopting an integrated and sustainable approach to their administration.
5
Consultation and participation.
Engaging with, and seeking the support of those who, having legitimate tenure rights, could be affected by decisions, prior to decisions being taken, and responding to their contributions; taking into consideration existing power imbalances between different parties and ensuring active, free, effective, meaningful, and informed participation of individuals and groups in associated decision-making processes.
6
Rule of law.
Adopting a rules-based approach through laws that are widely publicized in applicable languages, applicable to all, equally enforced and independently adjudicated, and that are consistent with their existing obligations under national and international law, and with due regard to voluntary commitments under applicable regional and international instruments.
7
Transparency.
Clearly defining and widely publicizing policies, laws, and procedures in applicable languages, and widely publicizing decisions in applicable languages and in formats accessible to all.
8
Accountability.
Holding individuals, public agencies, and nonstate actors responsible for their actions and decisions according to the principles of the rule of law.
9
Continuous improvement.
Improving mechanisms for monitoring and analysis of tenure governance in order to develop evidence-based programmes and secure ongoing improvements.
10
LTPR matrix
USAID offers a conceptual framework that helps identify and assess land tenure and property right issues (constraints), together with “toolboxes” of interventions to address those constraints - the LTPR matrix.This matrix can be used as a conceptual backbone of the interventions you may need to undertake to improve or establish a legal and policy framework for land tenure during your restoration program. Explore an example of interventions recommended in the matrix.
View the full matrix here.
Welcome To M3 L2
Objectives
Glossary
RESTORATION AND LAND TENURE
RESPONSIBLE TENURE GOVERNANCE
USING THE LTPR MATRIX
ADJUSTING THE LTPR MATRIX
PRINCIPLES OF TENURE GOVERNANCE
Tools
Considerations
M3 L2 COMPLETE
REFERENCES
LTPR MATRIX
REFERENCE
This information is drawn from the following resource: iAlcorn, J. 2014. Strengthen Tenure Security. Conflict Sensitive Adaptation: Use Human Rights to Build Social and Environmental Resilience. Brief 3. Indigenous Peoples of Africa Co-ordinating Committee and IUCN Commission on Environmental, Economic and Social Policy. Available here. ii Myers, G. & Freudenberger, M. 2013. Land Tenure and Property Rights Framework. Available here.
Using the LTPR matrix
Clarify or identify key issues.For example, land conflict created by disagreements over tribal/clan boundaries. Identify categories of policy and programmatic interventions suited to addressing the constraints identified in Step 1 (the appropriate toolbox of interventions). Within the toolbox of interventions, identify specific policy and programmatic interventions (the tools). For example, within the toolbox entitled “Legal and Regulatory Framework,” you might consider granting legal recognition of customary institutions in land law or policy to address land conflict created by clan disagreements. Within the toolbox of “Rights Delivery and Administration,” you might recommend community land demarcation as an appropriate intervention to connect rights in law to specific boundaries of community land.
1
2
3
REFERENCE
REFERENCE
Welcome To M3 L2
Objectives
Glossary
RESTORATION AND LAND TENURE
RESPONSIBLE TENURE GOVERNANCE
USING THE LTPR MATRIX
ADJUSTING THE LTPR MATRIX
PRINCIPLES OF TENURE GOVERNANCE
Tools
Considerations
M3 L2 COMPLETE
REFERENCES
LTPR MATRIX
This information is drawn from the following resource: iFAO. 2012. Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests in the Context of Food Security. Available here (p. v). iiFAO. 2012. Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests in the Context of Food Security. Available here (p. 6-7).
This information is drawn from the following resource: iAlcorn, J. 2014. Strengthen Tenure Security. Conflict Sensitive Adaptation: Use Human Rights to Build Social and Environmental Resilience. Brief 3. Indigenous Peoples of Africa Co-ordinating Committee and IUCN Commission on Environmental, Economic and Social Policy. Available here. ii Myers, G. & Freudenberger, M. 2013. Land Tenure and Property Rights Framework. Available here.
Adjusting the LTPR matrix
Whether you use the matrix for training, assessments, or program design, the tools and constraints can serve to fine-tune your questions when conducting land tenure assessments, or recommend appropriate intervention strategies by making recommendations or formulating program design.
When using the matrix, remember to consider your local context and view each intervention through your local lens.i
Welcome To M3 L2
Objectives
Glossary
REFERENCE
REFERENCE
RESTORATION AND LAND TENURE
RESPONSIBLE TENURE GOVERNANCE
USING THE LTPR MATRIX
ADJUSTING THE LTPR MATRIX
PRINCIPLES OF TENURE GOVERNANCE
Tools
Considerations
M3 L2 COMPLETE
REFERENCES
LTPR MATRIX
This information is drawn from the following resource: iFAO. 2012. Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests in the Context of Food Security. Available here (p. v). iiFAO. 2012. Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests in the Context of Food Security. Available here (p. 6-7).
This information is drawn from the following resource: iAlcorn, J. 2014. Strengthen Tenure Security. Conflict Sensitive Adaptation: Use Human Rights to Build Social and Environmental Resilience. Brief 3. Indigenous Peoples of Africa Co-ordinating Committee and IUCN Commission on Environmental, Economic and Social Policy. Available here. ii Myers, G. & Freudenberger, M. 2013. Land Tenure and Property Rights Framework. Available here.
Tools
USAID Land Tenure and Property Rights Framework
The International Land and Tenure Facility
Voluntary Guidelines on the Responsible Governance of Tenure
This framework provides an overarching conceptual methodology that ties together key themes, definitions, tools, assessments, designs, and training programs that can be used to improve land tenure and property rights programming and capacity-building.
The Tenure Facility proposes a framework for countries to coordinate existing national law and policy with Indigenous or collective land rights.
These guidelines serve as a central reference and set out principles and internationally accepted standards for practices for the responsible governance of land tenure. They provide a framework that countries can use when developing their own strategies, policies, legislation, programs, and interventions.
Welcome To M3 L2
Objectives
Glossary
RESTORATION AND LAND TENURE
RESPONSIBLE TENURE GOVERNANCE
USING THE LTPR MATRIX
ADJUSTING THE LTPR MATRIX
PRINCIPLES OF TENURE GOVERNANCE
Tools
Considerations
M3 L2 COMPLETE
REFERENCES
LTPR MATRIX
Considerations
During this step, remember that access to land, security of tenure, and land management all have significant implications for livelihoods, development, and ecosystem and land degradation reduction. Land tenure security is central to agricultural production and sustainable use of natural resources. Local communities should be granted the mandate to manage their natural resources.iTenure reforms are ambitious endeavours. While it is good to assess the gaps and weaknesses of the current tenure system vis-a-vis restoration, and try to push for necessary reforms, it might not always be the best strategy to wait until all of this has been achieved before proceeding with restoration interventions. Depending on the situation, one might want to make the best of the current tenure conditions.
Welcome To M3 L2
Objectives
Glossary
RESTORATION AND LAND TENURE
RESPONSIBLE TENURE GOVERNANCE
USING THE LTPR MATRIX
ADJUSTING THE LTPR MATRIX
PRINCIPLES OF TENURE GOVERNANCE
Tools
Considerations
M3 L2 COMPLETE
REFERENCES
LTPR MATRIX
REFERENCE
This information is drawn from the following resource: iKasimbazi, E. 2017. Global Land Outlook Working Paper.Land Tenure And Rights for Improved Land Management and Sustainable Development. UNCCD. Available here (p. 4).
Congratulations on completing Module 3 Lesson 2!
The key points to remember from this lesson are:Responsible governance of land tenure is essential to the success of your ecosystem restoration program.Actors conducting ecosystem restoration must ensure that policy, legal, and organizational frameworks for tenure governance recognize and respect, in accordance with national laws, legitimate tenure rights.
You should finish this lesson with a basic understanding of the following in your context: The basic principles that underpin responsible governance of land tenure.A matrix for determining a range of interventions for establishing or improving land tenure.
Welcome To M3 L2
Objectives
Glossary
RESTORATION AND LAND TENURE
RESPONSIBLE TENURE GOVERNANCE
USING THE LTPR MATRIX
ADJUSTING THE LTPR MATRIX
PRINCIPLES OF TENURE GOVERNANCE
Tools
Considerations
M3 L2 COMPLETE
REFERENCES
LTPR MATRIX
To put the information you have learned to practice, review the Workbook “Legal, Policy and Governance Aspects."
Alcorn, J. 2014.
Myers, G. & Freudenberger, M. 2013.
Land Tenure and Property Rights Framework.
FAO. 2012.
Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests in the Context of Food Security.
Kasimbazi, E. 2017.
Global Land Outlook Working Paper. Land Tenure And Rights for Improved Land Management and Sustainable Development. UNCCD.
References
UN-REDD Programme. 2013.
Guidelines on Free, Prior and Informed Consent.
Strengthen Tenure Security. Conflict Sensitive Adaptation: Use Human Rights to Build Social and Environmental Resilience. Brief 3. Indigenous Peoples of Africa Co-ordinating Committee and IUCN Commission on Environmental, Economic and Social Policy.
Welcome To M3 L2
Objectives
Glossary
RESTORATION AND LAND TENURE
RESPONSIBLE TENURE GOVERNANCE
USING THE LTPR MATRIX
ADJUSTING THE LTPR MATRIX
PRINCIPLES OF TENURE GOVERNANCE
Tools
Considerations
M3 L2 COMPLETE
REFERENCES
LTPR MATRIX