The Land Matrix is an independent land monitoring initiative that promotes transparency and accountability in decisions over large-scale land acquisitions (LSLAs) in low- and middle-income countries by capturing and sharing data about these deals on its open access online database. To assess both compliance and violations in terms of these land deals in terms of globally-agreed agricultural investment principles, the Land Matrix monitors their implementation using the Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests in the Context of National Food Security (VGGTs).
This is a critical exercise in light of the fact that inadequate and insecure tenure rights increase environmental vulnerability, hunger, and poverty and can lead to conflict and environmental degradation. Through responsible tenure management, access to land, forests, and fisheries can be made more secure and people’s legitimate property rights protected.
As the regional focal point for the Land Matrix initiative in Eastern Europe, Ecoaction is involved in the study of VGGT implementation in selected countries, including Ukraine.
VGGTs and their purpose
The VGGTs were developed by the UN Committee on Food Security and adopted by the UN General Assembly on 21 December 2012. The guidelines set out principles and internationally accepted standards of responsible practices for the use and control of land, fisheries and forests. They provide guidance for improving the policy, legal, and organisational frameworks that regulate tenure rights; for enhancing the transparency and administration of tenure systems; and for strengthening the capacities and operations of public bodies, private sector enterprises, civil society organisations and people concerned with tenure and its governance[1].
While supporting efforts towards the eradication of hunger and poverty, the guidelines are also intended to contribute to achieving sustainable livelihoods, social stability, housing security, rural development, environmental protection, and sustainable social and economic development. The guidelines are meant to benefit all people in all countries, although there is an emphasis on vulnerable and marginalised people.[2]
Although voluntary, the guidelines provide a framework within which the following obligations are outlined for states to fulfil: recognise and respect the rights of legitimate owners to own and use resources; protect these rights and create conditions for their free exercise; ensure equal access to the justice system to resolve violations of the rights to own and use resources; prevent disputes and conflicts in the process of exercising property rights and using resources through corruption or the use of force.
Moreover, the guidelines emphasise that everyone can play a role in improving property rights management. For example, governments can do so by implementing and enforcing policies: property registration systems, courts, and territorial planning, while civil society organisations can work to raise awareness and inform people about their property rights and how to protect them. Investors, on the other hand, can ensure that all responsible parties are involved in the negotiations during the process of acquiring land titles, and that payments are appropriate. Similarly, surveyors, lawyers, and notaries can adhere to standards of ethical behaviour, including to perform their duties honestly and correctly.
Using VGGTs in practice
The guidelines are reflected in national policies and case studies in many countries. For example, Belgium and Germany are implementing the VGGTs within their legal and policy frameworks, using them as a protection tool for more equitable and sustainable access to land, whereas in Italy, case studies were conducted at the local level (Lazio region and Rome) to enable a deeper understanding of the key features of public land management, as well as to collect proposals for improving the management of this public asset, taking into account the principles of the VGGT. Another important use of the guidelines is to raise awareness. For instance, in 2016, a panel discussion on the VGGTs was held in the Netherlands at an academic conference.
In Eastern Europe, Serbia’s engagement with the VGGTs began with the Serbian Real Estate Governance Project. The project paid special attention to the rights of vulnerable populations, as well as to inclusive VGGT processes. The goal of the project was to increase the efficiency, transparency, accessibility, and reliability of Serbia’s real estate management systems. The project implemented a number of activities, including e-governance to provide access to real estate information and minimise corruption, development of geodetic management, creation of inclusive and accessible offices, and the creation of a hotline for information and complaints. A similar project – the Real Estate Registration Project – is being implemented in Tajikistan. The project is undertaking a review of the real estate registration system, including physical infrastructure, improved customer service and transparency, and development of the legal and institutional framework. The project will also be responsible for the development and launch of an open web portal for access to real estate information and the dissemination of information to the public.
Implementing VGGT principles in Ukraine
Although Ukraine is a founding member of the UN and closely cooperates with the Food and Agriculture Organisation (FAO), the guidelines have not yet been properly implemented in the practice of public administration of land use. Nevertheless, the country is beginning to get acquainted with the VGGTs and is preparing to implement them in its national legislation.
A 2021 study by the Institute for Economics and Forecasting of the National Academy of Sciences of Ukraine underscores the urgent need to develop national and local policies and legal and organisational mechanisms for land use in accordance with the guidelines, which will allow: maximising respect for human rights; taking into account the needs of particularly vulnerable groups; addressing rural development and environmental protection; preventing speculation and excessive land concentration; taking into account the interests of small producers; and developing mechanisms for monitoring land use at the national, regional and local levels.
Further, the VGGTs contain a number of recommendations on the need to address corruption in its various forms. In particular, the principles set out the expectation that states should “prevent property disputes, violent conflict and corruption” and “endeavour to prevent corruption in all forms, at all levels and in all settings.” They also stipulate that “the executive and judiciary powers should strive to prevent corruption through transparent processes and transparent decision-making.”
In accordance with these recommendations, Ecoaction has begun to collect data on LSLAs in Romania, and Serbia, with a focus on the impact of companies on communities and the environment, in order to analyse the deals for compliance with the VGGTs. The results will be published on both Ecoaction’s and the Land Matrix’s websites.
Source: Просторова справедливість у землекористуванні та сталому сільському розвитку у 2-х книгах. Книга 1: Справедливість у доступі до земельних ресурсів і вигід від їх використання на сільськогосподарських територіях: монографія / за ред. д-ра екон. наук, проф., чл.-кор. НАН України О.М. Бородіної; НАН України, ДУ «Ін-т екон. та прогнозув. НАН України». – Електрон. дані. – К., 2021. 225 с. [Spatial equity in land use and sustainable rural development in 2 books. Book 1: Equity in access to land resources and benefits from their use in agricultural areas: monograph / edited by Doctor of Economics, Professor, Corresponding Member of the National Academy of Sciences of Ukraine O. Borodina; NAS of Ukraine, State Institution “Institute of Economics and Forecasting”. Electronic data.” – K., 2021. 225 с.]
[1] https://openknowledge.fao.org/handle/20.500.14283/i2801e
[2] https://www.fao.org/tenure/voluntary-guidelines/en/