Land rights

Just as in high-income countries, agricultural land in low- and middle-income countries is in increasingly short supply. Infrastructure, urban expansion and investments in large-scale farms are encroaching on land previously used by smallholders. Broad-based regulations are necessary to ensure fair access to land and other natural resources, especially for poorer population groups in rural areas. The SDC is committed to establishing such regulations at the national, regional and global levels.

The SDC's focus

The SDC works to ensure equitable access to land and other natural resources such as water, especially for poorer population groups in rural areas. As well as being vital to sustain life, they also act as important productive resources for smallholder farmers. Land law determines whether and how the right to use and control land, fisheries and forests can be exercised. Guaranteeing the right to use and own land is key to combating poverty and hunger.

With the aim of reducing poverty and hunger in poorer sections of the population, the SDC supports governments in the development, implementation and oversight of fair and transparent land use policies that recognise all existing rights of use, including individual, collective and customary rights.

At the same time, the SDC encourages the participation of all stakeholders in drawing up such principles and supports local communities and farmers' organisations so that they are able to exercise their land use rights. For the SDC, the inclusion of the private sector in such processes is of high priority.

At the global level, the SDC has participated actively in the creation and implementation of a set of targeted regulations that promote a just tenure and land management policy and establish criteria for responsible investment in agriculture.

Guidelines and principles on the responsible governance of tenure

As a member of the Bureau of the United Nations Committee on World Food Security (CFS), Switzerland was instrumental in developing the current UN Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests in the Context of National Food Security in 2012. Over the next two years, Switzerland led negotiations on a set of Principles for Responsible Investment in Agriculture and Food Systems, intended to complement the Guidelines. In 2014, it brought the process to a successful conclusion with the adoption of the Principles. Together with other states, private sector organisations, civil society and UN agencies, the SDC is actively involved in implementing these Guidelines and Principles. This lays the foundation for securing land use rights for all and enabling investments into better production methods.

The SDC also supports implementation of the African Union (AU) Framework and Guidelines on Land Policy in Africa, adopted in 2009, which pledges to ensure equitable access to and the efficient and sustainable use of land. To this end, the SDC works closely with the African Land Policy Centre, which is directly responsible for implementing the AU Framework and Guidelines. The SDC also broadens and strengthens the expertise of the relevant decision-makers and public officials in order to improve the assessment of land-related investment contracts.

Background

Approximately 70% of the more than 800 million chronically undernourished people in low- and middle income countries countries live in rural areas, the majority growing crops or rearing livestock. For them, security of access to land and other natural resources is especially important. Equally important is secure access to land for the rapidly increasing urban population, both for housing and for growing food in small gardens (urban agriculture).

Investments in land can have a major adverse impact on the food security of local communities. The legitimate call for increased investment in agriculture often focuses on the economic dimension, leaving aside social and environmental issues. As a result, such investments often restrict access to land and other natural resources such as water. Moreover, they contribute to reducing biodiversity in agriculture and threaten fragile ecosystems. In many cases, serious human rights violations occur.

Land-related investments are often concluded with no or minimal prior consultation of the affected rural populations. Most large-scale land transactions thus lack transparency and accountability at all levels. At country level, line ministries and parliaments are rarely invited to scrutinise investment projects involving large-scale land acquisitions and leases. When decision- and policymakers are involved, they often lack the capacity to thoroughly examine legal and transactional issues related to investment contracts at national level.

Land-law principles and guidelines such as those supported by the SDC are needed to make information on land deals available and to update it continuously. Dialogue with all stakeholders, including the private sector and government officials, helps create space for the needs and concerns of disadvantaged groups in policymaking processes. In this context, grievance mechanisms enable affected populations to hold governments and/or investors accountable and, where applicable, obtain appropriate compensation.

Switzerland is aware that existential issues such as those relating to land access, use and tenure have to be resolved in consultation with all stakeholders if conflicts are to be prevented.