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DocumentSustainable Development Goal 16 & Indigenous Peoples’ Collective Rights to Land, Territories & Resources 2021
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No results found.Land rights are interlinked with peace and development, being the trigger for conflict and disputes involving Indigenous Peoples’ rights in almost every region in the world (United Nations Indigenous Peoples Major Group for Sustainable Development, 2019). Access to land is closely related to the right to adequate food, as recognized under article 25 of the Universal Declaration of Human Rights and article 11 of the International Covenant on Economic, Social and Cultural Rights. Natural resources are the main direct source of food for the majority of Indigenous Peoples. While land and water are central to food production, forest resources provide a basis for subsistence harvesting as well as for income-generating activities, e.g. through the collection and use of non-wood forest products. Thus Indigenous Peoples’ right to food often depends closely on their access to and control over their lands and other natural resources in their territories. For many traditional communities, especially those living in remote regions, access to hunting, fishing and gathering grounds for their subsistence livelihoods is essential for ensuring their adequate nutrition, as they may have no physical or economic access to marketed food (Knuth, 2009). There is therefore a key relationship between realising the right to food and improving access to natural resources which is also recognised by the Voluntary Guidelines to support the progressive realization of the right to adequate food in the context of national food security (Right to Food Guidelines) adopted by FAO Council in 2004. This paper has highlights the intrinsic relationship that exists between the collective of Indigenous Peoples to land, territories and resources, and SDG 16 on peace justice and strong institutions. In the light of the goals set out in the 2030 Agenda, the fulfillment of the entire SDGs for Indigenous Peoples depends on the legal recognition and legal protection of their collective rights as an essential condition for the implementation of the right to self-determination as enshrined in UNDRIP and the other international treaties. The legal protection of collective rights of Indigenous Peoples implies not only respecting their collective right to natural resources which is at the core of FAO’s mandate, but also their right to exercise their justice and governance systems. Respect for their institutions, legal regimes, and customary law within the framework of legal pluralism is an intrinsic part of SDG16, and the achievement of peace depends precisely on this. -
Book (stand-alone)Free Prior and Informed Consent: An indigenous peoples’ right and a good practice for local communities 2016
This Free, Prior and Informed Consent (FPIC) Manual is designed as a tool for project practitioners of a broad range of projects and programmes of any development organization, by providing information about the right to FPIC and how it can be implemented in six steps.
In an FPIC process, the “how”, “when” and “with and by whom”, are as important as “what” is being proposed. For an FPIC process to be effective and result in consent or lack of it, the way in which the process is conducted is paramount. The time allocated for the discussions among the indigenous peoples, the cultural appropriateness of the way the information is conveyed, and the involvement of the whole community, including key groups like women, the elderly and the youth in the process, are all essential. A thorough and well carried FPIC process helps guarantee everyone’s right to self-determination, allowing them to participate in decisions that affect their lives.
This FPIC Manual will ena ble field practitioners to incorporate FPIC into project and programmes’ design and implementation, ensuring that indigenous peoples’ rights are duly respected. FPIC can be considered the “gold standard” because it allows for the highest form of participation of local stakeholders in development projects.
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Book (stand-alone)Women’s land rights and agrarian change: Evidence from indigenous communities in Cambodia 2019
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No results found.Current changes in land tenure in Cambodia are reshaping indigenous communities agrarian and socio-economic systems. Customary laws that have determined land usage and rights, are now undergoing profound transformations. The commodification of land, influenced by processes of dispossession and alienation, is reshaping communities’ norms and customs. Land, before freely available to users, is now substantially a private asset and as such transferred from one generation to the next one like other assets. Customary laws derive their legitimacy from social systems that are context specific and change with time. This determines their ambiguous character as instruments for resistance and self-determination as well as generators of unequal social relations in rural communities. The experiences from other continents and countries have shown the contradictory and often conflicting linkage between customary land rights and women’s rights to own land. This study analysis the customary inheritance system of indigenous groups in Northern Cambodia, prevalently centred around matrilineal or bilateral kinship, where women used to inherit and own the principal family assets. The research questions focus on indigenous women’s inheritance and property rights as they apply to land, in the context of increasing land commoditization and scarcity. The aim of the enquiry is to contribute to the understanding of the gender implications of these changes, by gaining insight about women’s position vis-à-vis land property, inheritance and transfer to new generations. The changes in land tenure that have occurred in Ratanakiri province during the last decades have resulted in a substantial alienation of land and resources formerly available to indigenous people. Consequently, the area farmed under shifting cultivation has significantly decreased and been replaced by permanent commercial crops, while the increasing monetization of communities’ economy has triggered new processes of social differentiation. Little support has been given to indigenous farmers in order to manage this transition and adapt their farming system while maintaining its sustainability. The legal instruments deriving from the Land Law, which in theory should have contributed to provide formal legal protecting to indigenous land and allow communities to continue using land according to their traditional tenure system were impaired by delays and the obstacles in the practical implementation of the law. External actors, institutional as well as non-governmental, have been actively promoting agricultural practices centred on rapid gains, unsustainable exploitation of land and forest, carpet introduction of monocultures without creating the conditions for the establishment of favourable value chains and market conditions. The changes that have taken place have important implications in terms of women’s role and status within communities: not only because of the farming system transition, but also as a consequence of the increasing influence of the mainstream culture, in which gender norms are more hierarchical and constrictive then the ones in use among the indigenous peoples targeted by this study. Following the evidence presented here, strengthening indigenous women land rights may result from a multipurpose approach that embraces different areas of interventions and actors, detailed in the recommendations provided.
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