3. STRATEGIES FOR THE RESPONSIBLE GOVERNANCE OF TENURE RIGHTS TO COMMONS 23
3. Strategies for the responsible governance of tenure rights to
commons
The realization of tenure rights to commons requires dedicated action from state and non-state actors. Based on the provisions of the Guidelines, this chapter ofers
12 strategies derived from experiences all over the world, which serve as sources of inspiration for one’s own context. They identify key aspects of responsible tenure
governance that need to be strengthened or reformed in order to secure tenure rights to commons and are illustrated with cases from practice. Given their interrelated and
complementary character, they should be considered as a comprehensive package.
In a nutshell, the strategies provide guidance for three areas of action: • the legal recognition and protection of tenure rights to commons alongside the
adaptation of the legal framework strategies 1–5; • ensuring that tenure rights to commons will be implemented efectively on the
ground strategies 6–8; • supporting communities in making good use of the legal framework and exercising
and enjoying their rights strategies 9–12. In terms of roles and responsibilities involved in implementing secure tenure for
legitimate rights holders of commons, the Guidelines send a clear signal concerning the obligations of states and the responsibilities of non-state actors. The following strategies
draw on these provisions and make explicit the obligations and responsibilities of states, communities, civil society organizations and the private sector for the implementation
of tenure rights to commons. Reference is also made to other stakeholders, such as donors and academia, who are acknowledged by the Guidelines and have valuable
contributions to make to the responsible governance of commons.
3.1 Strategies for legal recognition and protection
Legally recognize legitimate tenure rights to commons and their rights holders by devolving the authority and responsibility to govern the commons, conditioned by legal requirements for
inclusive, accountable and sustainable governance. Strengthen or establish a legal framework focusing on procedural rules to accommodate the
complexity, diversity and flexibility of tenure rights to commons.
1 2
BOX 3: How to govern tenure
rights to commons responsibly: 12 strategies
for states, communities, civil society organizations,
and private sector actors
24 GOVERNING TENURE RIGHTS TO COMMONS
Agree on rules for the utilization of commons, map their boundaries and register them based on a negotiated and inclusive local process.
Establish a transparent policy-making and law-making process that enables communities and civil society to participate.
Carry out advocacy work to support tenure rights to commons.
3.2 Strategies for implementation by states and rights holders
Strengthen or progressively develop inclusive and accountable community governance structures.
Support the empowerment of marginalized and vulnerable groups within communities to make effective use of community institutions.
Strengthen or develop the implementation capacities of state officials and devolve human and financial resources.
3.3 Strategies to support the enjoyment of rights
Ensure access to justice, recognize and integrate local-level mechanisms, and enable legal advocacy.
Strengthen the environmentally sustainable and economically viable use of commons to maintain and create long-lasting benefits for community members.
Ensure that any partnerships or contracts with investors support local livelihoods and do not infringe on tenure rights to commons, or violate related human rights.
Engage in the facilitation of multi-stakeholder processes for the review of legislation and monitoring of institutions, processes and the rule of law.
3 4
5
6 7
8
9 10
11 12
3.1 Strategies for legal recognition and protection
