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    Natural Resources Management and Environment Department

    FOOD AND AGRICULTURE ORGANIZATION OF THE UNITED NATIONS

    2013

    ENDER-E ITABLE

    GOVERNANCE OF TENURE

    Responsible Governance of Tenure

    Gender Equality and Rural Employment Officer , Regional Office for Asia and the

    Pacific, Food and Agriculture Organization of the United Nations

    The views expressed in this paper are the views of the authors and do not necessarily reflect the views or policies of the Asian Development Bank (ADB), or its Board of Governors, or thegovernments they represent. ADB does not guarantee the accuracy of the data included in this paper and accepts no responsibility for any consequence of their use. The countries listed in thispaper do not imply any view on ADB's part as to sovereignty or independent status or necessarily conform to ADB's terminology.

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    1. Gender and

    responsible tenure

    governance

    2. Summary of theVoluntary Guidelines

    3. Buildin on the

    consensus

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    and constraints that women and men face in securing their

    livelihoods.

    access to ...

    decision-making about ...

    nst tut ons t at a m n ster ...

    ... land, water, and other natural resources

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    DID YOU KNOW THAT?.

    The share of female land holders (under-

    countries in Southern and South EasternAsia for which data is available is from

    The female share of the agricultural labourforce in Eastern, Southern and South East

    Asian countries ranges from

    .

    Women who hold land generally have

    - . smallerplots, of an inferiorquality and with less secure

    , receve , areless well represented in landadministration and decision-making

    Source: FAO, 2011. The State of Food and Agriculture. Women in Agriculture. Closing the gender gap for development

    institutions than men.

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    Source: FAO, 2011. The State of Food and Agriculture. Women in Agriculture. Closing the gender gap for development

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    Tenure Systems define and regulate how people,communities and others gain access to natural resources,whether through formal law or informal arrangements. Therules of tenure determine who can use which resources, for

    how long and under what circumstance. They may be basedon written policies and laws as well as unwritten customs and

    Governance is the way in which access to and control over

    .

    . ,other things, how competing priorities and interests ofdifferent groups are reconciled.

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    Problems of tenure and weak overnance

    Tenure rights not recognized

    Discrimination

    Forced eviction

    Inequitable access

    INCREASING COMPETITIONFOR NATURAL

    RESOURCES:Governing institutions have

    Bribery

    Forced evictionState capture

    Population growth

    Urbanization

    no a ap e o grow ng

    intensity of competition

    Expensive and difficult proceduresLimited capacity

    hanging diets

    Demand for energy

    NoaccountabilityortransparencyContradictory laws and policies

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    ndrew

    Hilton

    Voluntary Guidelines on the Governance of Tenured

    rew

    Hilton

    A AN UNPRE EDENTED INTERNATI NALAGREEMENT

    A

    Endorsed

    by

    the

    Committee

    on

    World

    Food

    Security

    in

    May

    2012

    ImplementationencouragedbyG20,Rio+20,Francophone

    ParliamentaryAssembly

    and

    UN

    General

    Assembly

    Thousandsofreferencesandnewsitemsworldwide

    AnFAOpriority

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    Voluntary Guidelines on the Governance of Tenure

    ...setoutprinciples

    ...

    contributetotheimprovement

    anddevelopment

    of

    policy,

    legal

    andorganizationalframeworks

    ...arevoluntary

    ...do

    not

    replace

    laws

    or

    treaties

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    Guidance which applies

    Part 1: Preliminary

    Sets the direction: Objectives

    Part 2: General Matters

    Provides overall guidance:

    . Tenure rights.

    Policy, legal and

    .

    Delivery of services.

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    Part3:Legalrecognition

    an

    a oca ono

    enure

    r g s

    SafeguardsPubliclands fisheriesand

    forests

    Indigenouspeoplesandotherswithcustomarytenure

    Informaltenure

    changestotenurerights

    Markets.

    Investments. Readjustments.

    Restitution.

    e str ut vere orms.

    Expropriation.

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    Part5:

    Administration

    oftenure

    Recordsoftenurerights.

    Valuation. axa on.

    Regulatedspatialplanning.

    Resolutionofdisputesovertenure.

    Transboundarymatters.

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    enjoyment of all human rights, while acknowledging differences between womenand men and taking specific measures aimed at accelerating de facto equalitywhen necessar .

    States should ensure that women and gir ls have equal tenure rights and access, .

    Source: Voluntary Guidelines on the Responsible Governance of Tenure, Land, Fisheries and

    Forests in the Context of National Food Security, Principle 3.B.4.

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    States should consider the particular obstacles faced by women and girlswith regard to tenure and associated tenure rights and take measures toensure that legal and policy frameworks provide adequate protection forwomen an a aws a recognze womens enure rg s are

    implemented and enforced. [...] States should develop relevant policies,laws and procedures through participatory processes involving all

    ,outset.Source: Voluntary Guidelines on the Responsible Governance of Tenure, Land, Fisheries

    and Forests in the Context of National Food Security, from paragraphs 5.4 and 5.5

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    Gender-equitable

    land, fisheriesand forests

    Ensure participatory, gender-

    equality and equity and

    mainstream gender

    providing legal recognition of

    informal tenure

    nsure gen er-sens t ve aws& policies through

    participation in design andbetter implementation and

    monitoring

    Design and ensure gender-sensitive service delivery ofimplementing agencies and

    judicial author it ies

    Ensure gender-sensitizationof institutions through

    increasing access for womenand building capacity of staff

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    Buildingontheconsensus

    Awarenessraising

    ss s peop e o earnmorea ou an use e s

    Dissemination(printed

    copies

    and

    Internet)

    Capacitydevelopment

    TechnicalGuides:Fisheries,Forestry,Gender,IP/FPIC,Investment

    Elearning

    tools

    Capacitydevelopmentmaterialforoc a movemen s

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    Buildingontheconsensus

    Strengtheningofpartnerships

    Strengthenanddevelopcollaborationonimprovedtenuregovernance

    at

    global,

    regional

    and

    local

    levels

    uppor ocoun r es

    Respondtorequestsforassistance

    Monitoringandevaluation

    Monitorandevaluateapplicationandimpacts

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    TechnicalGuideongenderequitable

    Gen erequ ta egovernanceo an

    tenureensures

    that

    women

    and

    men

    relationshipstolandthroughboth

    formalinstitutions

    and

    informal

    arrangementsforlandadministration

    andmanagement.

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    Moreinformation

    DOWNLOADTHEVGs

    . .

    [email protected]