The Land Matrix Initiative (LMI) is an independent global initiative that monitors large-scale (over 200 ha) land transactions by collecting data on these transactions in an online open-access database. The initiative promotes transparency and accountability in land governance in low- and middle-income countries, such as Argentina, Bulgaria, and the Philippines, according to the World Bank classification. To detect and assess violations related to transparency in land transactions, Land Matrix is guided by the Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries, and Forests in the Context of National Food Security (VGGT).
Inadequate and unprotected tenure rights increase vulnerability to environmental degradation, hunger, and poverty, potentially leading to conflicts and worsening the state of the environment. Through responsible governance of tenure rights, access to land, forest, and fish resources can become safer, and individuals’ legitimate tenure rights can be protected.
As part of the Land Matrix initiative, EcoAction coordinates work in Eastern Europe and engages in researching VGGT principles. Let’s examine what the Voluntary Guidelines are, their objectives, and how they can be implemented in Ukraine.
The Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries, and Forests in the Context of National Food Security were developed by the UN Committee on World Food Security and endorsed by the UN General Assembly on December 21, 2012. They are the first international document that applies a human rights-based approach to land, fisheries, and forest governance.
Although they are voluntary and currently lack implementation at the local level, VGGT aim to provide states with recommendations on how they should protect the rights of land users and other natural resource users, particularly small farmers whose access to land is insufficiently protected. The principles promote social stability, housing security, rural development, environmental protection, and sustainable economic development.
The general principles of responsible resource governance entail the following commitments by states: recognizing and respecting the rights of legitimate owners to tenure and use of resources; protecting these rights and creating conditions for their free realization; ensuring equal access to the justice system for resolving violations of tenure and resource use rights; preventing disputes and conflicts during the realization of property rights and resource use due to corruption or the use of force.
Moreover, each of us can play our part in enhancing tenure governance. For instance, states can do so by implementing and adhering to policies: systems of tenure registration, courts, spatial planning. Civil society organizations can work on raising awareness and informing people about their tenure rights and protection methods. Investors must ensure that all stakeholders are engaged in negotiations during the process of acquiring land tenure rights, and compensation occurs at an appropriate level. Surveyors, lawyers, or notaries must adhere to ethical standards of conduct, including fair and proper performance of their duties.
The Voluntary Guidelines have found their reflection in national policies and practical cases in many countries. For instance, Belgium and Germany are implementing VGGT within their legislative and policy frameworks, using them as a protection tool for fairer and more sustainable access to land. Additionally, in Italy, thematic studies at the local level (Lazio Region and Rome) have deepened the understanding of key characteristics of state land governance and gathered proposals for improving the management of this public asset in line with VGGT principles.
Another example of using the Voluntary Guidelines is raising awareness. For example, in 2016, a panel discussion about VGGT took place at an academic conference in the Netherlands.
Serbia’s involvement with the Guidelines started with the Serbian Property Management Project. The project particularly focused on the rights of vulnerable groups and inclusive processes within VGGT. The project’s aim was to increase the effectiveness, transparency, accessibility, and reliability of property management systems in Serbia. A number of measures were implemented within the project, including: e-governance to ensure access to information about property and minimize corrupt actions; developing geodetic management; creating inclusive and accessible offices; establishing a hotline for information and complaints.
A similar project is being implemented in Tajikistan – the Real Estate Registration Project. It includes sorting out the real estate registration system (physical infrastructure, improving customer service and transparency, developing a legal and institutional framework); developing and launching an open web portal for access to information about real estate; disseminating information to the public.
Despite Ukraine being a founding member of the UN and closely collaborating with FAO (Food and Agriculture Organization), the Voluntary Guidelines have not yet been properly implemented in the practice of state governance regarding land use issues.
FAO’s recommendations on land legislation in Ukraine (November 2018), mention the need to align legislative norms with the Voluntary Guidelines: not to focus solely on agricultural development but also consider local development priorities and needs.
There is a pressing need to build national and local policies, legal and organizational mechanisms for land use in accordance with the Voluntary Guidelines, which will allow for the maximum respect for human rights; to consider the needs of particularly vulnerable groups; to address rural development, environmental protection issues; to prevent speculation and excessive concentration of land; to take into account the interests of small producers; to develop monitoring mechanisms for land use at national, regional, and local levels.
Moreover, VGGT contains a number of recommendations regarding the necessity to address corruption issues in all its forms. Specifically, the principles articulate the expectation that states should “prevent disputes over tenure, violent conflicts, and corruption” and “strive to prevent corruption in all its forms, at all levels, and under all conditions.” VGGT also indicates that “executive and judicial authorities should seek to prevent corruption through transparent processes and decision-making.”
“Currently, as part of Land Matrix’s work, we are collecting data about deals in Romania and Serbia, focusing on the impact of enterprises on communities and the environment. We plan to analyze these agreements for compliance with the articles of the Voluntary Guidelines. Results will certainly be published on EcoAction’s and Land Matrix’s websites,” said EcoAction’s project coordinator for the Eastern Europe region, Oлександра Романова.
Thus, the Voluntary Guidelines VGGT promote responsible governance of land, fisheries, and forestry. Their primary objective is to achieve food security worldwide. These guidelines are intended for all people, but special attention is given to vulnerable and socially unprotected groups. Despite their voluntary nature, some countries have already begun to implement them in national policies, legislation, activities, and projects. Ukraine is just beginning to familiarize itself with VGGT and has ample opportunities for their implementation into national legislation.
Source: Spatial Justice in Land Use and Sustainable Rural Development in 2 volumes. Volume 1: Justice in Access to Land Resources and Benefits from Their Use in Agricultural Territories: monograph / edited by Dr. O.M. Borodina; NAS of Ukraine, State Institution “Institute of Economics and Forecasting of NAS of Ukraine”. – Electronic data. – Kyiv, 2021. 225 p.
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