ABSTRACT

In May 2012, the UN Committee on World Food Security (CFS) endorsed the Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests. This article provides an overview on this new document. It puts the Guidelines in the context of the FAOs efforts to raise awareness on the importance of good governance of land and natural resource tenure, as emphasized in the 2006 final declaration of the International Conference on Agrarian Reform and Rural Development (ICARRD), as well as of the discussions on responses to the current new wave of land grabbing. The main objective of the Voluntary Guidelines is to provide practical guidance to governments to improve governance of natural resources, recognizing that secure tenure rights and equitable access to land, fisheries, and forests are crucial to achieve food security and the progressive realization of the right to adequate food. The article argues that despite being “voluntary” the Guidelines explicitly refer to existing human rights obligations related to natural resources and provide interpretation and guidance on how to implement them. It further looks back on the process that lead to the final document and analyses the roles of UN agencies, states and civil society. The article emphasizes that the inclusive and participatory character of the process gives the Guidelines a high level of legitimacy and political weight. Therefore all efforts are necessary to ensure implementation, with a special responsibility for states and UN agencies. The article further underlines the potential of the Voluntary Guidelines in improving accountability and monitoring on tenure issues. Finally, it addresses some controversial issues of the Guidelines, with a special attention to criticism raised by civil society. It concludes that despite these critiques the Voluntary Guidelines remain useful as a tool to advance progressive land tenure policies that are clearly anchored in existing international human rights obligations.