International Institute for Environment and Development 
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| International Institute for Environment and Development |
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Drylands Project Summary |
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Theme: Legal empowerment for secure resource access Access to natural resources and human rights Securing natural resource rights contributes to the realisation of several human rights – the fundamental rights and freedoms to which all human beings are entitled. Human rights are affirmed in international treaties and declarations, and in national constitutions. Human rights arguments and mechanisms can strengthen the natural resource claims of local groups. Although land rights as such are not recognised as human rights, they are linked to the right to property, which is a human right recognised by the Universal Declaration of Human Rights, the European Convention on Human Rights, the American Convention on Human Rights, the African Charter on Human and Peoples’ Rights, as well as by most national constitutions. International law also contains provisions on the land rights of specific groups – such as indigenous peoples. Natural resource rights are also instrumental to food production and, therefore, to the progressive realisation of the right to adequate food, a right recognised by the International Covenant on Economic, Social and Cultural Rights. The right to food entails first and foremost the right to undertake activities enabling the production or procurement of food. States have a duty to respect, protect and facilitate these activities. Ensuring secure access to natural resources and other productive assets is a key element of this task. Securing resource access to realise the right to foodIIED works to promote natural resource policies and laws that promote the full realisation of these human rights. We have been following closely the adoption and implementation of the 2004 FAO Voluntary Guidelines on the Progressive Realisation of the Right to Adequate Food. With funding from FAO, we are currently undertaking a study on the linkages between human rights (particularly the right to food) and access to natural resources (particularly land). The study assesses how human rights arguments can help local resource users in Africa strengthen their claims to land and natural resources. It entails conceptual work based on the analysis of international treaties; and case studies from Mali and Tanzania. Using human rights mechanisms to promote gender equalityWe also prepared a study for the FAO Legal Office to document innovative legal approaches that promote gender equality in the agricultural sector; and to identify the main constraints affecting the implementation and outcomes of those approaches. The study reviews relevant international instruments and selected national legal systems, examining the legislation and case law of ten countries chosen so as to reflect different cultural environments and legal traditions. Particular attention is also paid to customary norms, which are applied in the rural areas of many of the covered countries, and more generally to socio-cultural practices affecting the application of legislation. For key findings from this study, read Lorenzo Cotula, 2006, Gender and Law: Women’s Rights in Agriculture, Rome, FAO, Legislative Study No. 76 Rev 1 (Second Edition) on the web site of the FAO Legal Office http://www.fao.org/Legal/ For more information on this body of work, contact Lorenzo Cotula at lorenzo.cotula@iied.org. Recent Updates... New look Haramata and Drylands Issue Paper Series now available! Copyright © 2005 International Institute for Environment and Development. |
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