Tenure rights in large-scale and artisanal mining: Implications of the Tenure Guidelines
In taking a comprehensive approach to issues of tenure, the Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests (VGGT) offer an opportunity to promote systemic governance reform and respect for land and resource rights, while clarifying the different roles of States, businesses and social actors. The VGGT do not directly cover mineral resources but they clarify that States may wish to consider the governance of mineral resources in their efforts to implement the VGGT. They also provide guidance on tenure rights to land, fisheries and forests, which are often affected by mining operations. Yet, the VGGT’s relevance to the mining sector has often been overlooked.
This legal brief explores how implementing the VGGT could help address recurring challenges affecting the mining sector.