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Human Rights, Land and Rural Development

2018-09-04

Land rights are no longer governed by the law of the strongest. That is what the international community has agreed to. Governments and private companies have a duty to respect human rights and avoid corruption.

Ich bin ein Alternativtext — Shewa Province, north of the capital Addis Ababa: Ethiopia is repeatedly hit by food crises. © Christoph Püschner/Bread for the World

By Michael Windfuhr

Michael Windfuhr is a political scientist, educated at the University of Heidelberg. Since 2011, he has been the Deputy Director of the German Institute for Human Rights, the national human rights institution of Germany. For the five years prior to this, he served as Human Rights Director of Bread for the World, the development organisation of the Protestant church of Germany.

All contributions

Three-quarters of the world's poor live in rural areas. These are mostly landless agricultural workers (around 20 percent) who often suffer from lack of seasonal employment or are often underpaid, or small-scale farming families (around 50 percent) who often have insecure access to productive resources like land, seeds or water, and receive scant support from state institutions. Although these farming families grow food, they cannot properly feed themselves on what they harvest and sell. They require income from agricultural production to buy enough food and to pay for other services such as health care or education for the family.

Many of these smallholder families are marginalised: the available land is often too small, for instance in South Asia, where many families own less than half a hectare. The farms are often located on steep slopes or in regions that dry out easily, or - as in Bangladesh - in regions that regularly flood. Marginalisation can also mean that farming families have no access to land titles, loans, and therefore also seeds, especially if they are led by women. A lack of transport and infrastructure often makes families dependent on a few middlemen. In any case, agricultural consultation is rather rudimentary in many countries. For many of these disadvantaged families, a combination of such factors is the reason why, as farmers, they cannot feed themselves from their land, and cannot therefore earn sufficient income. These families are also highly vulnerable to external influences: weather irregularities, climate change or increased import pressures can quickly endanger their production or its subsequent sale. Eight percent of this starving population is also nomadic, and thus dependent on livestock, fishing or the use of forests.

(c) Steffen Kugler/World Vision — Industrial logging in the Congo Basin endangers the traditional pygmy habitat. © Christoph Püschner/Bread for the World.

The high proportion of landless families, especially in India and Latin America, illustrates that two things are important for improving their situation: on the one hand, access to resources such as the distribution of unused land within the framework of agrarian reforms; on the other hand, creating more jobs in rural areas and stabilising incomes in the area. Many jobs could be created, especially in the processing of locally produced food and its trade.

Any effective strategy to reduce the number of starving and undernourished people must therefore include measures to facilitate access to land, seeds and water for these groups and to reduce their discrimination and marginalisation. Functioning infrastructure and reliable, constitutionally functioning institutions play a key role here. Rural regions in particular are politically neglected in many countries, and are not sufficiently taken into account in national budgets. Few African countries have a properly resourced rural development budget. [1] The infrastructure for transport, warehousing, processing and access to credit and banks is often underdeveloped in these countries. Additionally, all types of advisory infrastructure are particularly weak or non-existent, from agricultural consulting and reliable weather and market information to advice on the latest findings from agricultural research on adaptation to climate change.

Land rights and land governance as a special challenge

These problems are particularly evident in the land sector which, in many countries, is characterised by a rapid increase in investment in land together with often underdeveloped infrastructure and land governance in many rural areas. Given the major challenges in the sector, the "Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests" were adopted by the FAO Council in 2012. [2]

These are a response to the 2007/08 global food and financial crisis, after which a boom in land investment was recorded. [3]

A human rights-based document was drafted detailing what good governance should be in the land sector. The text makes it clear that the human rights obligation to "governance" in the land sector comes from the pact on economic, social and cultural human rights, derived from the right to adequate food. The guidelines begin by outlining the principles that should shape any land policy.

First, it highlights the three key procedural principles of human rights: non-discrimination, participation and transparency. In many countries, land policy is characterised by a lack of transparency about investment projects and who will be affected by them. If those affected are not consulted early enough, they are often overlooked in further planning and implementation. Often, minorities or certain groups such as women are systematically discriminated against in land policy. The text points out that those affected are not just people who formally own land titles, but all people who can legitimately show that they have benefited from land use and earned income from it. Even poorer people often use community pastures for their goats or sheep, and collect plants or fruits in forests, thus stabilising their income and nutritional situation. The text points out that indigenous land users have special rights of participation, and that their consent to change must be sought. Other principles include gender equality and constitutional procedures.

The main body of the voluntary guidelines states how to ensure that human rights are respected and that vulnerable groups are not overlooked in three key processes for the land sector:

Any form of land registration must be handled very sensitively for all types of land use, from formal ownership to habitual uses such as the regular gathering of forest fruits. If groups of people are not properly registered, they will quickly be overlooked in later changes such as the sale of land.
Land administration must function in accordance with the rule of law to exclude corruption, with the possibility of challenging any decisions made as directly as possible in the proceedings and, if necessary, challenging them in court.
This especially applies to all land transfer procedures. The voluntary guidelines formulate minimum standards for investments in land, forest and fishery resources, for expropriations, for compensation processes and forms, for agrarian reform measures and redistributive agrarian reform. At the same time, the text requires maximum transparency, participation and no corruption when assessing the land, setting prices and taking all relevant steps.

The voluntary guidelines are first and foremost addressed to governments. Good governance in the land sector is a requirement for the implementation of the right to adequate food. At the same time, the text also addresses private entities. In paragraph 3.2, the text refers to the UN Guiding Principles on Business and Human Rights, adopted unanimously in the Human Rights Council in 2011, and stresses that private companies have a responsibility to respect human rights and to exercise due care in doing so.

Overall, the voluntary guidelines address a twofold concern: to set minimum standards for land governance and investment, while ensuring that particularly disadvantaged groups with precarious or lacking access to productive resources are not overlooked, and thereby lose their access to these resources without alternatives or adequate compensation. In doing so, the guidelines describe precisely how the participation of those concerned can be ensured, how land-access and governance discrimination can be avoided, how traditional and informal rights of use can be respected, how the rights of indigenous peoples can be adequately taken into account, and finally how corruption can be avoided.

Additional information:

[1]

The African Union ministers’ decision in 2004 to spend more than ten percent of national budgets on agricultural and rural development has so far only been achieved by a few countries.

[2]

"Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests”, adopted by the FAO Council in May 2012. www.fao.org.

[3]

Land market trends have been well documented for years by the Land Matrix Initiative (https://landmatrix.org/en/ last consulted on 24.08.2018), which seeks to bring transparency to the numerous land sales and planned land deals. The initiative is supported by various national and international, state and private organisations, including the International Land Coalition and the German Society for International Cooperation (GIZ).

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A contribution by William Onura and Larissa Stiem-Bhatia

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A Contribution by Daniel Montas

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Podcast: Fighting world hunger together

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An Interview by Journalist Jan Rübel

Cameroonian gender and peace activist Marthe Wandou on the role of women and girls in development policy – then and in the future.

The human finca

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A classroom in the Garden of Eden

By Iris Manner

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„You must be multisectoral in your thinking”

Interview with Adriano Campolina (FAO)

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Event report by Jan Rübel (Zeitenspiegel)

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Interview with Cyrus Samimi (IAS)

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COST-BENEFIT ANALYSES FOR MORE SOIL CONSERVATION

With the help of sustainable farming methods, soils can be preserved and made fertile again. The investment required is also worthwhile from a financial perspective.

A project of GIZ

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A contribution by Ralf Südhoff

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Small fish with a big potential

A contribution by Paul van Zwieten

African inland fisheries are increasingly reliant on the capture of small fish species that are sundried and traded over long distances. They make an important contribution in alleviating “hidden hunger”: consumed whole, small fish are an important source of micronutrients. Only that, unfortunately, politicians haven’t yet realised this.

"We must mobilise all available resources"

A contribution by Ismahane Elouafi (ICBA)

Freshwater deficits are affecting more and more people throughout the world. In order to counter this, our global food system will have to change, our author maintains. A case for more research on alternative crops and smart water solutions.

Resilient small-scale agriculture: A key in global crises

A contribution by Kerstin Weber and Brit Reichelt-Zolho (WWF)

Biodiversity and sustainable agriculture ensure the nutrition of whole societies. But there is more: These two factors also provide better protection against the outbreak of dangerous pandemics. Hence, the question of preserving ecosystems is becoming a global survival issue.

One Health – What we are learning from the Corona crisis

A contribution by Dr. May Hokan and Dr. Arnulf Köhncke (WWF)

Due to the coronavirus crisis, the connection between human and animal health has gained new attention. Politicians and scientists are joining forces to propagate the solution: One Health. But what is behind the concept? And can it also guarantee food security for all people worldwide?

The Forest Maker and his director

Double interview with Tony Rinaudo and Volker Schlöndorff

Tony Rinaudo uses conventional reforestation methods to plant millions and millions of trees – and Volker Schlöndorff is filming a cinema documentary about the Australian. The outcome so far: An educational film on behalf of the BMZ (Federal Ministry for Economic Co-operation and Development).

Edible bugs - the new beef?

A contribution by Marwa Shumo

Insect farming is economical and environmentally sustainable, they are high in protein and they live on agricultural waste. Marwa Abdel Hamid Shumo thinks: They are the best weapon to combat hunger

Success story allotment garden: Food supply and women's empowerment

A contribution by Nadine Babatounde and Anne Floquet (MISEREOR)

To prevent malnutrition among young children and strengthen the role of women in their communities, Misereor, together with the local non-governmental organisation CEBEDES, is implementing a programme on integrated home gardens in Benin - a series of pictures.

"The Green Revolution reaches its limits"

Interview with Stig Tanzmann (BfdW)

Stig Tanzmann is a farmer and adviser on agricultural issues at ‘Bread for the World’. Jan Rübel interviewed him about his reservations about AGRA's strategy.

The 'Grey Gold'

A contribution by Maria Schmidt (GIZ)

The Cashew Council is the first international organisation for a raw material stemming from Africa. The industry promises to make progress in processing and refining cashew nuts - and answers to climate change

From Berlin to Yen Bai: 10,000 trees for Vietnam

A contribution by GIZ and BMZ

It began with clicks at a trade fair and ends with concrete reforestation: a campaign at the Green Week in Berlin is now enriching the forests of the Yen Bai Province in Vietnam. A chronicle of an education about climatic relevance to concrete action - and about the short distances on our planet.

Quinoa could have a huge potential in Central Asia, where the Aral Sea Basin has been especially hard-hit by salinisation.

Planetary Health: Recommendations for a Post-Pandemic World

A contribution by Dr. Kathleen Mar and Dr. Nicole de Paula

Against the backdrop of the COVID-19 pandemic, health is receiving unprecedented public and political attention. Yet the fact that climate change is also affecting the environmental and social determinants of health in a profound and far-reaching way deserves further recognition.

"Extreme is the new normal"

A report by Alexander Müller and Jes Weigelt (TMG)

As the climate changes, the population of Africa is growing and fertile land and jobs are becoming scarcer. New ways are currently leading to urbanisation of agriculture and a new mid-sized sector in the countryside

This is how developing countries can adapt better to droughts

A contribution by Michael Brüntrup (DIE) und Daniel Tsegai (UNCCD)

Droughts are the natural disasters with far-reaching negative consequences. While rich countries are still vulnerable to drought, famines are no longer found.

(c) Christof Krackhardt/Brot für die Welt

Together and resourceful against worldwide hunger

A contribution by Brot für die Welt

Climate change disturbs the climate in Ethiopia. The answer from small farmers in the northern region is convincing: diversify!

No rainforest for our consumption

A contribution by Jenny Walther-Thoß (WWF)

In the tropics rainforests are still being felled for the production of palm oil, meat and furniture. It is high time to act. Proposals are on the table.

What do you expect from this Pre Summit, Mr. Haddad?

Interview with Lawrence Haddad (GAIN)

Nutrition experts from all over the world are coming together in Rome. They are not only distilling 2000 ideas to improve food systems - they are also preparing for the big UN summit in New York in September. An interview.

Mr. Campari, how do we create sustainable food systems?

Interview with Joao Campari (WWF)

Journalist Jan Rübel spoke with Joao Campari ahead of the UNFSS Pre-Summit. The Chair of Action Track 3 highlights key challenges in transforming existing food systems towards sustainable production and shares his expectations for the Summit.

Biodiversity and agriculture – rivalry or a new friendship?

A contribution by Irene Hoffmann (FAO)

In this article, the author describes what we know about interlinkages, what role agriculture has to play in the sustainable use and conservation of biodiversity, and what the necessary changes in agricultural systems might look like, both on small and large-scale farms.

Food System Transformation Starts and Ends with Diversity

A Contribution by Emile Frison and Nick Jacobs (IPES-Food)

While having failed to solve the hunger problem, industrial agriculture appears to be causing additional ones both in environmental and health terms. Emile Frison and Nick Jacobs call for a transformation.

Sustainable Artisanal Fisheries and Aquaculture in Rural Areas

Fish is important for combating malnutrition and undernourishment. But it is not only notable for its nutritional value, but also secures the livelihoods and employment for 600 million people worldwide.

A Project of GIZ

A Climate of Hunger: How the Climate Crisis Fuels the Hunger

A photo reportage by the Zeitenspiegel agency

Every one degree Celsius rise in temperature increases the risk of conflict by two to ten percent. The climate crisis is a humanitarian crisis, as the photos by Christoph Püschner and Frank Schultze illustrate.

Engaging the Community to Solve the Bushmeat Crisis

A Contribution by the Forestry Research Institute Nigeria

The 'Domestication of Small Monogastric and Ruminant Animals' (DSMR) project led by a Nigerian research institute works with local communities to solve the bushmeat crisis.

‘Preserving and restoring fertile soils is a global responsibility.’

An Interview with Jochen Flasbarth (BMZ)

Healthy, productive soils are a prerequisite for global food security – one of the priorities of German development cooperation. State Secretary Jochen Flasbarth on Germany’s efforts to support sustainable land management and why the VGGT are more important than ever today.

Strengthening food markets across the rural-urban continuum

A Contribution by Thomas Forster

How to maintain functioning food markets in global food supply chains in the face of vulnerability and disruption? Markets that support local and territorial food systems are part of the solution. Thomas Forster presents proposals for these markets to cope with future shocks.

The importance of water for sustainable rural development

A contribtion by WE4F

How can the challenges related to water, rural development and climate resilient agriculture be addressed? What innovations need to be promoted? The Water and Energy for Food (WE4F) initiative presents strategies and innovations for sustainable, integrated water management in German and international cooperation.

New legal initiatives towards deforestation-free supply chains as a game changer

A Contribution by Gerhard Langenberger

Regarding deforestation free supply chains, there are challenges and opportunities for smallholder farmers as well as for international forest governance. Also, responsibilities for companies and potential incentives for manufacturers to use materials from fair trade and sustainable sources need to be explored. But what does “deforestation-free” actually mean?

The fight against illegal fishing

A Report

The oceans are important for our food supply, but they are overfished. To halt this trend the global community is now taking action against illegal fishing. Journalist Jan Rübel spoke with Francesco Marí, a specialist for world food, agricultural trade and maritime policy at "Brot für die Welt," and others.

Water may offer the only chance

Interview with Caroline Milow and Ramon Brentführer

Groundwater resources remain dormant in the soil of African regions. Where does it make sense to use them – and where does overexploitation of nature begin? Caroline Milow (GIZ) and Ramon Brentführer (BGR) talk about potentials in the future and lessons from the past.

Sowing change

A Contribution by Brot für die Welt

Roughly 800 million people suffer from hunger worldwide. Change is needed - for people and for the environment. Brot für die Welt reports on the starting points offered by everyone's ecological footprint and handprint.

Circular Economy: From Innovation to Upscaling

A Contribution by the Project RUNRES

Recycling organic waste into soil amendments and animal feed through a transdisciplinary approach – this is what the RUNRES project, launched in four sub-Saharan African countries four years ago, seeks to achieve. Three of the project's scientists report.

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Human Rights, Land and Rural Development

By Michael Windfuhr

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