Marc Wegerif of the Department of Anthropology, Archaeology and Development Studies was presenting on the 24^th May 2022 at the Global Land Forum held in Jordan. The theme of the Forum was “Pathways to Climate Solutions”. This theme is based on the increasing recognition that community rights to land and related natural resources are essential for protecting those resources and fighting climate change.

Wegerif’s presentation was based on a 12 country study, that is still underway, of the situation of governance of tenure of land, fisheries and forests. This comes ten years after the adoption of the Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests in the Context of National Food Security (VGGT) at the Committee on World Food Security. The principles and recommendations in the VGGT were used as indicators in assessing governance of tenure in the study.

There has been significant progress, Wegerif said, in improving policies and legislation on the governance of tenure over the last ten years with eight of the 12 countries passing new policies and laws in this time. There have been important improvements in securing women's land rights, giving legal recognition to customary and communal tenure systems, and recognising the importance of effective, transparent and non-discriminatory land governance and administration.

Across these countries, the improvements in policy, have not yet been fully implemented at the local level; they have not yet been translated into improvements in the lives and land rights of the majority of women and men. There has been slow progress, for example, in the registration of communal land rights even when the law now makes provision for it.

There have been successes in some countries. Many have seen greater awareness of rights enabling more active citizenship at local levels. Ethiopia have issued over 20million customary land rights titles in the last ten years at a total cost per title of just $8 dollars. It is also impressive, given the history of discriminations against women in relation to land rights, that more women than men received these titles.

Wegerif emphasised that we cannot afford to be complacent about progress on improving governance of tenure. There is a pushback against the changes underway as some feel their power and access to resources are threatened. Traditional leaders in some countries, such as Malawi and Sierra Leone, have resisted new land legislation as they feel their roles are being undermined as new policies require things like accountable land administration structures and the inclusions of women in land related decision making. Elements within some governments are resisting change. An interesting example, seen in Burkina Faso and Madagascar, is national administrations being reluctant to decentralise resources and powers to local land administration offices as the national departments feel they will lose revenue and influence.

The biggest pushback against people’s rights to land and natural resource rights, which is seen across all the countries in this study, comes from investors. Investors collaborate with government leaders to override the protection of the environment and people’s rights in new laws. Sometimes this is done in the name of economic development, at other times it involves corruption. Sadly many communities and indigenous people continue to lose their rights, even their lives, and too often find they can get no justice. As well as the direct suffering involved, people become disillusioned when statements of good intentions from governments and companies come to nothing on the ground.

Wegerif argued that we need a unity of purpose across countries in regulating investment to protect natural resources. This is essential to avoid a regulatory race to the bottom as countries compete to attract investments by reducing environmental and human rights protections. The reality is that companies compete with each other to survive and they prioritise their profits, resulting in exploitation of natural resources and abuse of rights in order to cut costs if there is inadequate regulation. We need to be willing to put in the time and effort, working with people directly affected, to ensure that investments and development projects work for people and planet.

There are still countries that need to do more policy and legislative work, such as Cameroon and Senegal that have not land policy and still rely on very old legislation; from 1974 in the case of Cameroon.

Most countries, however, need to now focus on ensuring the policy gains become more meaningful at in the lives of women and men, especially the most vulnerable. Across countries there is a need for a greater focus on four main issues if we are to see effective implementation of good policies. First, amending or putting in place new legislation and regulations to give effect to new and progressive policies. Second, decentralisation of land administration with budgets, capacity and practices that ensure accountability; Third, good governance and rule of law with access to justice for the most vulnerable. Getting justice is not easy as it can be expensive and time consuming and it often involves overcome vested and elite interests and corruption. Fourth, governments need to make available budgets for land administration and governance. Such investment can pay for itself if properly managed as good land administration forms the basis for effective taxation. “If I had to suggest one global campaign for improved governance of tenure, it would be a campaign for governments to commit budgets to land administration”, said Wegerif.

In conclusion, the VGGT have contributed to improving policy and legislation, especially when backed by resources, awareness raising and wide stakeholder involvement. The progress made needs to be consolidated through turning commitments into improved practices and overcoming the push back that threatens gains made. This requires informed people’s movements that can push for and defend people’s rights; enlightened and professional civil servants; and responsive politicians that realise their positions are also on the line if they don’t act in people’s interests.