The following is a complete list of RRI publications.
For questions regarding a specific publication, email us at email@example.com.
May 24, 2017
Governments are increasingly recognizing Indigenous Peoples’ and local communities’ rights to land and resources. Despite increased recognition, there are several shortcomings in the legal frameworks through which governments formally recognize community-based property rights. Building on consultations with legal experts on community rights, recent literature, and a review of over 200 national legal instruments, this paper proposes a framework of analysis to systematically classify and evaluate legal pathways to secure recognition of community-based property rights. The framework considers five key elements common to laws recognizing community-based rights, and helps determine how these rights can be exercised and implemented in practice as well as three common legislative entry points through which legal recognition can take place.
Furthermore, to illustrate the variety of legal pathways (and potential advantages and limitations of each) that have been used by national legislators to recognize community tenure rights, the paper also applies this framework to the legal frameworks (or tenure “regimes”) included in the Rights and Resources Initiative’s legal tenure rights database. It concludes that although legal recognition in national systems has advanced in the past decades, it is far from ideal, even in the best cases.
May 24, 2017
Up to 2.5 billion people hold and use the world’s community lands, yet the tenure rights of women—who comprise more than half the population of the world’s Indigenous Peoples and local communities—are seldom acknowledged or protected by national laws. Although gender norms and women’s forest tenure security vary widely across community-based tenure systems, this analysis concludes that national laws and regulations on the rights of indigenous and rural women to inheritance, community membership, community-level governance, and community-level dispute resolution are consistently unjust, falling far below the requirements of international law and related standards.
The 30 low- and middle-income countries analyzed in this study are ill-positioned to meet their obligations under the Convention on the Elimination of All Forms of Discrimination against Women; non-binding international guidance such as the Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests in the Context of National Food Security; and the Sustainable Development Goals, all of which necessitate the statutory recognition of women’s rights to community forests. Inadequate legal protections for the tenure rights of indigenous and rural women fail to reflect existing gender-equitable practices in indigenous and local communities, and enable other community practices that discriminate against women, thereby weakening women’s tenure rights, jeopardizing the livelihoods of women and their families, and threatening the advancement of entire communities.
February 9, 2017
This synthesis of our findings from an investigation of tenure risk in East, West, and Southern Africa, shows that a majority of tenure disputes are caused by the displacement of local peoples, indicating that companies and investors are not doing enough to understand competing claims to the land they acquire or lease. This failure in diligence is particularly noteworthy given that a majority of the disputes analyzed had materially significant impacts: indeed, a higher proportion of projects in Africa are financially impacted by tenure dispute than any other region in the world.
February 9, 2017
Amid the realities of major political turbulence, there was growing recognition in 2016 that the land rights of Indigenous Peoples and local communities are key to ensuring peace and prosperity, economic development, sound investment, and climate change mitigation and adaptation. Despite equivocation by governments, a critical mass of influential investors and companies now recognize the market rationale for respecting community land rights. There is also increased recognition that ignoring these rights carries significant financial and reputational risks; causes conflict with local peoples; and almost always fails to deliver on development promises.
February 9, 2017
An empirical picture of the causes and effects of tenure-related disputes between private sector actors and local peoples across different sub-regions and countries in Africa, this analysis details statistical evidence of key trends in tenure-related disputes, including their causes as well as the prevalence of violence, work stoppages, and regulatory interventions.
These key trends are based on an analysis of 32 case studies evenly spread across East, West, and Southern Africa. These “new cases” are compared with a global average derived from the IAN Case Study Database’s 281 cases outside Africa. In addition, we have completed a temporal analysis of some of the key trends to determine how conflicts have changed over the last few decades.
The high-level view provided here is complemented by separate examinations of the three African sub-regions, each of which profiles the case studies in depth and provides a more nuanced view of how tenure-related disputes develop and how they can be resolved.