The United Nations Committee on World Food Security has put
forth guidelines to protect security of land tenure and governance and will be
considered by the UN Food and Agriculture Organization at its October 4th
meeting in Rome. This white paper, called Voluntary Guidelines on the
Responsible Governance of Tenure of Land, Fisheries, and Forests in the Context
of National Food Security, is meant to protect the rural poor against the
growing issue of international land-grabbing (http://www.fao.org/news/story/en/item/142587/icode/).
Land-grabbing, as an international issue has gained traction among
nongovernmental organizations and transnational advocacy networks (http://landportal.info/landmatrix/get-the-idea),
especially following the 2008 financial collapse in Western Democracies (http://www.nytimes.com/2010/12/22/world/africa/22mali.html?pagewanted=all&_r=0
). Investors sought security in tangible
assets, often in developing states. This wave of international investors
encouraged local governments to displace local farmers who have little recourse
for action. Investors who have an
incentive to develop their land can help to bring mechanization and modern
farming techniques to improve a country’s agricultural output ( http://www.oaklandinstitute.org/bbc-africa-debate-%E2%80%98land-grabbing%E2%80%99-good-africa
), but this empirical debate neglects
farmers’ rights and community rights over parcels of land.
The Voluntary Guidelines on the Responsible Governance of
Land, Fisheries, and Forests asks states to recognize and protect legitimate
land tenure rights in formal and informal systems. These guidelines do not provide sanctioning instruments
for the United Nations. However, states that adopt these guidelines signal to
other states that they take seriously the rights of their rural poor. Adopting
the guidelines and neglecting its constituent parts will invite critiques from
non-governmental organizations, transnational advocacy networks, land policy
scholars, and (most importantly) local attorneys. States need a reason to adopt
these guidelines, whether incentives come from those same transnational actors,
local movements, or member states of the United Nations.
In this debate there is set of international and domestic
actors at play: developing states, international investors, the UN, local
farmers, NGOs/TANs, and local advocates such as attorneys and cultural
institutions. The argument tends to boil
down to economic claims (investment brings development and more food, and is
thus good) and claims about rights (basic property rights and government’s
authority). Both sets of claims draw
conflict: empirical claims about increased food production as a result of
economic investment may be the result of international investment, but it is
difficult to say that increased tenure security and access to agricultural
loans would not improve local farmers’ productivity. Likewise, states debate
the nature and basis of land ownership: community rights can clash with
individual rights, and the rights of owners as citizens can conflict with a
community’s rights to direct and determine ownership.
The Voluntary Guidelines on the Responsible Governance of
Tenure of Land, Fisheries, and Forests makes a first step to protecting the
rural poor in developing states. Were the
UN to adopt this white paper as a formal convention, NGOs/TANs, local
advocates, and local farmers would receive a rhetorical tool for future debates
and, perhaps, a common legal foundation to challenge future land-grabbing.