How to Improve Governance: A New Framework for Analysis and Action

Action Group 8
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Saving and wealth accumulation among the millennial generation William G.

Forum on AfDB's Governance Strategic Framework and Action Plan II

College sports joins the marketplace, with limits Robert E. Impeachment: Is the dam finally breaking? Elaine Kamarck. The geography of poverty hotspots Jennifer L. Cohen , Raj M. Desai , and Homi Kharas. Informed Planning and management decisions and actions are informed by best available information and integration of a diversity of knowledge types and systems. Increases the likelihood that management actions will lead to effective outcomes.

1. Introduction

Accountable Procedures are present to hold governors accountable for performance of system. Mechanisms are in place to ensure that means and rationales for making decisions are transparent. Ensures that governors act on mandated decisions and that effective actions are being taken. Efficient Efficacy guides decisions regarding management actions and deployment of resources.

Book Details

London: F. Cover Download Save. We will support local governments and relevant stakeholders, through a variety of mechanisms, in developing and using basic land inventory information, such as a cadastre, valuation and risk maps, as well as land and housing price records to generate the high-quality, timely and reliable disaggregated data by income, sex, age, race, ethnicity, migration status, disability, geographic location and other characteristics relevant in a national context, needed to assess changes in land values, while ensuring that these data will not be used for discriminatory policies on land use. African Security Review. The fair and equitable sharing of the benefits arising out of the utilization of genetic resources. Agency Two.

Time requirements of actors are reasonable. Economic costs and actions taken are commensurate with productivity of system. Maximizes the productivity of management actions while minimizing the wasteful use of available resources. Equitable Employs inclusive processes and produces fair outcomes. Recognition Policies and processes ensure acknowledgement of, respect for and incorporation of diverse perspectives, values, cultures and rights. Views of marginalized and vulnerable groups are considered.

Facilitates socially acceptable governance and perceptions of legitimacy.

Aids in the design of management actions that are appropriate to the social context. Increases in quality of life or wellbeing. More fair distribution of wealth. Better access to justice and protection of rights. Participation Spaces and processes to enable participation and collective choice are present. Structures that ensure the representation and engagement of different stakeholder groups are in place. Leads to plans and actions that represent the interests of different groups.

Allows parties to democratically debate decisions and maintain dignity. Rights and responsibilities are shared and assigned fairly. Unequal circumstances are considered. Ensures a fair balance of costs and benefits accrue to different groups. Just Laws and policies are present to protect local rights and mechanisms ensure that groups have access to justice. Ensures rights e. Responsive Enables adaptation to diverse contexts and changing conditions. Learning Monitoring, evaluation, reflections and communication of performance is institutionalized.

Enables the resilience of resource. Enables the resilience of local communities. More adaptable institutions to changing conditions. More flexible institutions that can be altered to work in different contexts. Known and unknown risks and opportunities are considered, analyzed and planned for. Produces plans and steps to prepare and prevent consequences of unexpected risks. Enhances knowledge, capacity and flexibility for disturbance. Adaptive Spaces for reflection and deliberation are institutionalized.

Processes exist to revisit and evolve policies, institutions and adapt actions. Innovative Innovation and experimentation is encouraged and success and failures are monitored. A higher risk tolerance is embodied. Allows change to be seen as an opportunity. Enables new and more effective ideas and actions to emerge. Flexible Policies exist that recognize the need to downscale environmental management and conservation models to fit local realities.

Efforts are taken to understand and document about the diverse contexts where policies are applied and to deliberate on necessary adjustments. Enables governance systems and management models to be adjusted to better fit with local social, cultural, political, economic and environmental contexts. Robust Ensures functioning institutions persist, maintain performance and cope with perturbations and crises. Legitimate A collective vision shapes policies and guides actions at all scales.

Institutional legitimacy is conferred e. Governors act with integrity and consistency. Institutions are transparent. Ascertains that there is support from above and that there is a supportive constituency. Institutions are strengthened and well supported. Institutional performance and functioning is more or less consistent. Institutions persist over time. Connected Networks of organizations and actors are strongly linked vertically and horizontally.

Bridging organizations are present. Processes are in place to support network development, to develop social relations and to support mutual learning. Helps to bridge between and across scales. Creates supportive community, produces social capital, fosters respect and trust and builds social memory. Encourages communication, information exchange, enables diffusion of innovations, and facilitates collaboration. Nested Tasks are assigned to appropriate levels. Authority and responsibility is supported by adequate state or other outside support legal recognition, political will, time commitment and oversight.

Empowers appropriate entity to take necessary action. Helps to buffer against change in one location. Ensures that the governance system does not collapse when faced with adversity or crises. Figure 1 Open in figure viewer PowerPoint. A practical framework for understanding the objectives, attributes, and elements of environmental governance.

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Abe, J. Local to regional polycentric levels of governance of the Guinea current large marine ecosystem. Environmental Development , 17 , — Google Scholar. Crossref Google Scholar. Citing Literature. The VGGT promote responsible governance of tenure of land, fisheries and forests, with respect to all forms of tenure: public, private, communal, indigenous, customary, and informal. The VGGT are meant to benefit all people in all countries, although there is an emphasis on vulnerable and marginalized people.

The VGGT serve as a reference and set out principles and internationally accepted standards for practices for the responsible governance of tenure. They provide a framework that states can use when developing their own strategies, policies, legislation, programmes and activities. They allow governments, civil society, the private sector and citizens to judge whether their proposed actions and the actions of others constitute acceptable practices FAO, Recognize and respect all legitimate tenure right holders and their rights.

They should take reasonable measures to identify, record and respect legitimate tenure right holders and their rights, whether formally recorded or not; to refrain from infringement of tenure rights of others; and to meet the duties associated with tenure rights. Safeguard legitimate tenure rights against threats and infringements. They should protect tenure right holders against the arbitrary loss of their tenure rights, including forced evictions that are inconsistent with their existing obligations under national and international law.

Promote and facilitate the enjoyment of legitimate tenure rights. They should take active measures to promote and facilitate the full realization of tenure rights or the making of transactions with the rights, such as ensuring that services are accessible to all. Provide access to justice to deal with infringements of legitimate tenure rights. They should provide effective and accessible means to everyone, through judicial authorities or other approaches, to resolve disputes over tenure rights; and to provide affordable and prompt enforcement of outcomes.

States should provide prompt, just compensation where tenure rights are taken for public purposes. Prevent tenure disputes, violent conflicts and corruption. They should take active measures to prevent tenure disputes from arising and from escalating into violent conflicts.

They should endeavour to prevent corruption in all forms, at all levels, and in all settings. Non-state actors including business enterprises have a responsibility to respect human rights and legitimate tenure rights. Business enterprises should act with due diligence to avoid infringing on the human rights and legitimate tenure rights of others. They should include appropriate risk management systems to prevent and address adverse impacts on human rights and legitimate tenure rights. Business enterprises should provide for and cooperate in non-judicial mechanisms to provide remedy, including effective operationallevel grievance mechanisms, where appropriate, where they have caused or contributed to adverse impacts on human rights and legitimate tenure rights.

Business enterprises should identify and assess any actual or potential impacts on human rights and legitimate tenure rights in which they may be involved. States, in accordance with their international obligations, should provide access to effective judicial remedies for negative impacts on human rights and legitimate tenure rights by business enterprises.

Where transnational corporations are involved, their home states have roles to play in assisting both those corporations and host states to ensure that businesses are not involved in abuse of human rights and legitimate tenure rights. States should take additional steps to protect against abuses of human rights and legitimate tenure rights by business enterprises that are owned or controlled by the state, or that receive substantial support and service from state agencies. Each chapter of the VGGT provides guidance on a specific aspect of land governance clustered in the following five parts: 1.

Corporate Governance Definition

General matters ll Rights and responsibilities related to tenure ll Policy, legal and organizational frameworks ll Delivery of services. Safeguards Public land, fisheries and forests Indigenous Peoples and other communities with customary tenure systems Informal tenure. Markets Investments Land consolidation and other readjustment approaches Restitution Redistributive reforms Expropriation and compensation. Administration of tenure ll Records of tenure rights ll Valuation ll Taxation ll Regulated spatial planning ll Resolution of disputes over tenure rights ll Transboundary matters 5.

There is and never was any other framework dealing in such detail with land governance issues. They receive broad support equally from governments and civil society organizations due to the extensive inclusion of both in their development and negotiations. The responsibilities of business enterprises are derived from the United Nations Principles on Business and Human Rights. During its development, the Framework and Guidelines on Land Policy in Africa see below has been taken into consideration to ensure consistency.

It reflects a consensus on land issues; and serves as a basis for commitment of African governments in land policy formulation and implementation and a foundation for popular participation in improved land governance. Its other fundamental purpose is to engage development partners in resource mobilization and capacity building in support of land policy development and implementation in Africa. The Framework and Guidelines take as a starting point the understanding that land is central to sustainable livelihoods in Africa and that the process of allocation and enjoyment of land rights is closely linked to human rights.

As such, the Guiding Principles are a basis for commitment, solidarity and collective responsibility by governments, other stakeholders and investors to improve the governance of large-scale land-based agricultural investments in Africa. LSLBI respect human rights of communities, contribute to the responsible governance of land and land-based resources, including respecting customary land rights and are conducted in compliance with the rule of law.

Decisions on LSLBI are guided by a national strategy for sustainable agricultural development which recognizes the strategic importance of African agricultural land and the role of smallholder farmers in achieving food security, poverty reduction and economic growth. Decisions on LSLBI and their implementation are based on good governance, including transparency, subsidiarity, inclusiveness, prior informed participation and social acceptance of affected communities.

LSLBI respect the land rights of women, recognize their voice, generate meaningful opportunities for women alongside men, and do not exacerbate the marginalization of women. Decisions on the desirability and feasibility of LSLBI are made based on independent, holistic assessment of the economic, financial, social and environmental costs and benefits associated with the proposed investment, throughout the lifetime of the investment.


How to Improve Governance: A New Framework for Analysis and Action Before the analytical framework for understanding and strengthening governance is. How to Improve Governance. Additional Information. How to Improve Governance: A New Framework for Analysis and Action; David de Ferranti.

Member States uphold high standards of cooperation, collaboration and mutual accountability to ensure that LSLBI are beneficial to African economies and their people. LSBI respect the existing, customarily-defined rights of local people and communities to land and land-related resources. People who lose access to or ownership of land and land-related resources and benefits due to LSLBI are awarded compensation, which is fair and timely in compliance with existing national laws and relevant international instruments. Member States establish and maintain a legislative environment and institutional arrangement to govern LSLBI and to protect the rights of relevant stakeholders.

Member States have the responsibility to promote transparency of all parties throughout the investment process. Preferred LSLBI are those which lead to shared prosperity at local and national levels, take issues of inter-generational equity into consideration and do not necessarily require transfers of lands from local communities. Effective and decentralized land administration systems are a prerequisite for good governance of LSLBI. LSLBI do not contribute to unplanned and unregulated conversion of agricultural lands to different uses. Effective, transparent and well-resourced mechanisms for prevention and settlement of land disputes and corruption contribute to improved governance of LSLBI.

Stakeholders affected by LSLBI, communities in particular are provided sufficient information, consulted on their views prior to finalizing LSLBI agreements and these views are taken into consideration. Developing the capacity of communities, in particular women, to negotiate benefits, compensation and other terms of agreements, with state agencies and investors is a prerequisite for good governance of LSLBI. Promoting gender equality in land governance in national laws is a prerequisite for ensuring that LSLBI promote sustainable development. LSLBI contribute to sustainable development through gender-sensitive employment creation and broad-based wealth creation, which benefits women.

LSLBI are commercially viable and profitable businesses, structured to provide maximum benefit to the national economy and improve livelihoods of local communities. The amount of land allocated for an LSLBI project is increased gradually based on the demonstrated capacities of the investors to effectively use more land.

Stakeholders in LSLBI at country, regional, continental and international levels demonstrate solidarity, cooperation, collective responsibility and mutual accountability towards the successful implementation of these Guiding Principles. Member States improve benefits and minimize impacts of LSLBI through sharing of experiences across countries, regions and continents.

No other region disposes of such a common framework. The principles acknowledge the strategic importance of African agricultural land and the important role of smallholder farmers in achieving food security, poverty reduction and economic growth. The principles give very clear guidance in form of principles on how to ensure that large-scale investments on agricultural land are responsible.

The frameworks are presented according to the same structure as those under 2. Land governance issues are dealt with in detail in a significant amount of articles. No relocation shall take place without the free, prior and informed consent of the Indigenous Peoples concerned and after agreement on just and fair compensation and, where possible, with the option of return. Indigenous Peoples have the right to the lands, territories and resources which they have traditionally owned, occupied or otherwise used or acquired. Indigenous Peoples have the right to own, use, develop and control the lands, territories and resources that they possess by reason of traditional ownership or other traditional occupation or use, as well as those which they have otherwise acquired.

States shall give legal recognition and protection to these lands, territories and resources. Such recognition shall be conducted with due respect to the customs, traditions and land tenure systems of the Indigenous Peoples concerned. Indigenous Peoples shall have the right to participate in this process.

Indigenous Peoples have the right to redress, by means that can include restitution or, when this is not possible, just, fair and equitable compensation, for the lands, territories and resources which they have traditionally owned or otherwise occupied or used, and which have been confiscated, taken, occupied, used or damaged without their free, prior and informed consent. Unless otherwise freely agreed upon by the peoples concerned, compensation shall take the form of lands, territories and resources equal in quality, size and legal status or of monetary compensation or other appropriate redress.

Indigenous Peoples have the right to the conservation and protection of the environment and the productive capacity of their lands or territories and resources. States shall establish and implement assistance programmes for Indigenous Peoples for such conservation and protection, without discrimination.

States shall take effective measures to ensure that no storage or disposal of hazardous materials shall take place in the lands or territories of Indigenous Peoples without their free, prior and informed consent. Indigenous Peoples have the right to determine and develop priorities and strategies for the development or use of their lands or territories and other resources. States shall consult and cooperate in good faith with the Indigenous Peoples concerned through their own representative institutions in order to obtain their free and informed consent prior to the approval of any project affecting their lands or territories and other resources, particularly in connection with the development, utilization or exploitation of mineral, water or other resources.

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States shall provide effective mechanisms for just and fair redress for any such activities, and appropriate measures shall be taken to mitigate adverse environmental, economic, social, cultural or spiritual impact. The ILO Convention C, including certain elements of the declaration, however is legally binding — for those 22 states that ratified it.

No form of force or coercion shall be used in violation of the human rights and fundamental freedoms of the peoples concerned. The convention also states that indigenous and tribal peoples shall enjoy the full measure of human rights and fundamental freedoms without hindrance or discrimination. The Convention has a major part specifically on land, which includes many provisions of the Declaration, but not FPIC although the concept is there - but not the term!

The ILO Indigenous and Tribal Peoples Convention of is the major binding international convention concerning indigenous peoples, and a forerunner of the Declaration on the Rights of Indigenous Peoples. The ILO convention is the most important operative international law guaranteeing the rights of Indigenous Peoples. The Declaration on the Rights of Indigenous Peoples, however, goes beyond the convention — in general as well as in regard to land governance.

The Pinheiro Principles, are designed to assist all relevant actors, national and international, in addressing the legal and technical issues surrounding housing, land and property restitution in situations where displacement has led to people being arbitrarily or unlawfully deprived of their former homes, lands, properties or places of habitual residence. Although the Pinheiro Principles are not legally binding, they are based on firmly established human rights.

It is also the only framework that deals in such detail and absolute clarity with the rights to housing and land of refugees and displaced persons who were arbitrarily or unlawfully deprived of their former homes, lands, properties or places of habitual residence, regardless of the nature or circumstances by which displacement originally occurred. However, different from most other frameworks, the Pinheiro Principles are more explicitly based on firmly established human rights, which might make them slightly more powerful.

Poor, women and vulnerable groups are disproportionately affected by the continuing conflict in Somalia. It is the outcome of stakeholder consultations initiated in and inter-governmental negotiations in supported by the UN Office of Disaster Risk Reduction at the request of the UN General Assembly. The Sendai Framework aims to achieve the substantial reduction of disaster risk and losses in lives, livelihoods and health and in the economic, physical, social, cultural and environmental assets of persons, businesses, communities and countries.

The following land issues have been identified as underlying disaster risk drivers: Unplanned and rapid urbanization, poor land management and unsustainable use of natural resources. The following land governance issues have been identified to be crucial for disaster risk reduction: qq It is important to encourage the establishment of necessary mechanisms and incentives to ensure high levels of compliance with the existing safety-enhancing provisions of sectoral laws and regulations, including those addressing land-use and urban planning, building codes, environmental and resource management and health and safety standards, and update them, where needed, to ensure an adequate focus on disaster risk management 27 d.

The Sendai Framework is not legally binding. NUA recognizes the linkages between sustainable urbanization and disaster risk reduction NUA para 77 and and stresses the role of sustainable management of natural resources of which land is part , urban and territorial planning in disaster risk reduction NUA para 65 and The Sendai Framework provides more detailed guidance on this issue and thereby constitutes a valuable supplement.

Most issues have been incorporated into the New Urban Agenda. The resolution encourages governments and Habitat Agenda partners to promote security of tenure for all segments of society by recognizing and respecting a plurality of tenure systems, identifying and adopting, as appropriate to particular situations, intermediate forms of tenure arrangements, adopting alternative forms of land administration and land records alongside conventional land administration systems, and intensifying efforts to achieve secure tenure in post-conflict and post-disaster situations.

Urban land governance mechanisms should be reviewed and improved so as to strengthen tenure rights and expand secure and sustainable access to land, housing, basic services and infrastructure, particularly for the poor, women and vulnerable groups.

Encourages governments and Habitat Agenda partners, with regard to land issues: a. To implement land policy development and regulatory and procedural reform programmes, if necessary, so as to achieve sustainable urban development and to better manage climate change, ensuring that land interventions are anchored within effective land governance frameworks;.