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
What is the scope of this guide?
The guide follows the approach of the Guidelines in focusing on land, isheries and forests that may be used as commons. In line with the Guidelines, special emphasis is
given to marginalized and vulnerable groups whose food security and livelihoods rely
1. INTRODUCTION 5
largely on the use of these natural resources as commons. It is also important to note the inextricable link of land, isheries and forests with water, biodiversity and other
natural resources, which may also be used as commons. While this guide focuses on commons in terms of natural resources at the local level, in recent years the wider
debate on commons has also included knowledge e.g. Internet, cultural commons e.g. public art, infrastructure e.g. roads and global resources such as oceans and air.
The guide adopts a global outlook that is similar to the Guidelines. This means that it seeks to provide strategies relevant to tenure rights to commons across diferent
regions. The rather generic strategies are illustrated with actual cases in practice from diferent countries across the globe, and aim to serve as a source of inspiration for
other contexts. They are complemented by methodological guidelines to assist the process of adapting these generic strategies to the local context.
The guide does not include an in-depth treatment of all provisions and aspects of the Guidelines, but focuses on those that are particularly important for tenure rights
to commons. It is also recommended to consult other FAO technical guides, in order to learn more about strategies and methods for the responsible governance of tenure.
Issues covered in these guides include: gender; indigenous peoples and the principle of free, prior and informed consent FPIC; isheries, forestry and pastoral lands; legal
issues; agricultural investment and private sector engagement; registration.
Who is this guide for and how is it structured?
This guide provides strategic guidance and inspirational cases for achieving responsible governance of tenure rights to commons for a variety of stakeholders:
• policy-makers at all levels, such as national, regional and local governments,
parliaments, and their advisers e.g. agencies responsible for legal reform, administration, spatial planning, titling and demarcation of land, ishing grounds,
forests, water bodies, mineral resources, conservation, environmental protection and rural development;
• courts, judicial authorities and lawyers; • community-based organizations and civil society organizations;
• development organizations and consultants; • private sector actors including land investors who will better understand the
situation of the commons and their importance for communities, and will gain insights for investment projects;
• scientists and trainers, e.g. for research and education.
Chapter 2 of the guide provides crucial insights into commons, clariies terms, and explains why it is important to recognize, protect and support tenure rights to
commons. It also gives an overview of what the Guidelines say about the responsible governance of tenure rights to commons.
Chapter 3 provides 12 generic strategies on how to recognize, protect and support tenure rights to commons. The strategies highlight key aspects that should be
6 GOVERNING TENURE RIGHTS TO COMMONS
considered when securing these rights. As they are interrelated, it is advisable to read them all in context. They also provide explicit insights into the roles and
responsibilities of governments and civil society. The strategies are illustrated with seven cases addressing diferent key issues that afect tenure security to commons.
The cases provide the reader with real-life experiences, practices and strategies showing how the diferent issues were or are dealt with; they suggest lessons learned
and are sources for inspiration.
Chapter 4 supplements the strategies, which are generalized for worldwide relevance, with methodological guidelines for the process of adaptation to national and local
contexts.
1. INTRODUCTION 7
Commons and the Guidelines
2
8 GOVERNING TENURE RIGHTS TO COMMONS
9 2. COMMONS AND THE GUIDELINES
2. Commons and the Guidelines
