1. INTRODUCTION 3
1. Introduction
1.1 Why this guide on commons?
Millions of people worldwide directly depend on natural resources such as land, isheries, forests and water that are used collectively as commons. Commons are
essential to cultural identity and well-being. They are of important social and spiritual value to many communities and provide essential environmental services at local and
global levels. They are a source of food and income, and an important safety net in times of hardship.
Secure tenure rights to commons are crucial for indigenous peoples and local communities, including farmers, isherfolk, pastoralists, the landless and the most
vulnerable, food insecure and marginalized people. Ensuring that legitimate tenure rights to commons are real in practice is a cornerstone of achieving sustainable
development and the realization of the right to food.
Yet, legitimate tenure rights to commons are often not recognized and protected by national law, and in cases where legal recognition of these tenure rights exists
on paper, they are often not enforced and implemented in practice. This is often due to racial discrimination, discriminatory laws and policies, weak administrative
and judicial capacities andor inefective community governance structures. Often, existing legal systems do not have a method for appropriately accommodating the
commons. Sometimes, customary authorities can dominate community institutions to the detriment of vulnerable and marginalized members of the community who
depend on the commons for their livelihoods. Moreover, tenure rights to commons are jeopardized by the increasing demand and competition for natural resources,
along with processes of privatization, encroachment and large-scale land transfers for commercial or public purposes. Such conlicts and processes often result in resource
degradation, overexploitation and the expulsion of marginalized and vulnerable resource users.
To support overcoming these key governance issues faced by the commons, this technical guide provides strategic guidance based on the Voluntary Guidelines on the
Responsible Governance of Tenure of Land, Fisheries and Forests in the Context of National Food Security the Guidelines. With the international adoption of these Guidelines in
2012, governments, civil society, the private sector and academia agreed on a human
4 GOVERNING TENURE RIGHTS TO COMMONS
The Guidelines were developed through a unique inclusive multi-stakeholder process The strength of the Guidelines lies not only in their unanimous adoption by the Committee
on World Food Security CFS on 11 May 2012, but also in the unique and inclusive process that preceded the negotiations and created a climate of trust and a spirit of collaboration.
The Guidelines seek to improve governance of tenure of land, fisheries and forests ‘for the benefit of all, with an emphasis on vulnerable and marginalized people’ § 1.1, in order
to contribute to the goals of food security and the progressive realization of the right to adequate food, poverty eradication, sustainable livelihoods, environmental protection and
sustainable social and economic development, among other goals § 1.1. The CFS is an inclusive international platform open to all UN members of the intergovernmental agencies
concerning food and nutrition – FAO, IFAD and WFP – as well as civil society organizations and the private sector. It is the international governance body for food and nutrition
security and was set up with a renewed mandate after the world food crisis in 200708. With the adoption of the Guidelines, there is now a broad international consensus and agreed
normative standard of responsible governance of tenure of land, fisheries and forests, which is also applicable to water.
rights-based standard for the responsible governance of tenure of land, isheries and forests, including commons. The Guidelines provide a strong basis for the action
that is needed, and guidance for states and non-state actors to secure the legitimate tenure rights to commons of women and men, indigenous peoples and diverse local
communities.
This guide supports the implementation of these human rights-based Guidelines in practice by providing strategies and practices that aim to inspire the responsible
governance of tenure rights to commons. It also provides an understanding of commons and arguments for why securing tenure rights to commons is important.
The knowledge in this guide was developed through a multi-stakeholder process and is based on the strategies and lessons that numerous individuals, civil society
organizations, state oicials, scientists and international organizations have gained in their eforts to secure tenure rights to commons. These experiences are summarized
in 12 strategies with suggested methodological steps for their national and local adaptation. They aim to support the executive, legislative and judicial branches of
states, community-based organizations, civil society organizations, the private sector and other actors in the legal recognition and committed implementation and
protection of tenure rights to commons and community-based governance structures.
BOX 1: Background of
the Voluntary Guidelines on
the Responsible Governance of
Tenure of Land, Fisheries and
Forests
1.2 Scope, audience and structure of the guide