Source · Select Committees · Environmental Audit Committee
Recommendation 23
23
Accepted
Paragraph: 83
Customary land tenure rights of indigenous peoples vulnerable without explicit legal recognition.
Conclusion
A due diligence system is likely to require companies to comply with any human rights requirement included in local land use or land ownership laws. We observe that the legal status of customary land tenure rights of indigenous peoples and local communities (IPLCs) varies between nations. Unless customary tenure rights are explicitly recognised and protected under national law, IPLCs with customary land rights are vulnerable to rights violations.
Government Response Summary
The government recognises the importance of safeguarding customary tenure rights and explains that its due diligence legislation applies where these rights are protected by national laws. It details several FCDO programmes (Land Facility, Land Enhancing Governance for Economic Development) working to promote land governance reform, tackle barriers to land rights recognition, and support IPLCs, with future work informed by recent scoping missions.
Paragraph Reference:
83
Government Response
Accepted
HM Government
Accepted
We recognise the critical guardianship provided by Indigenous Peoples and Local Communities (IPLCs) in protecting tropical forests as well as the importance of safeguarding customary tenure rights. Several countries have incorporated the protection of indigenous peoples’ rights to land, territories, and resources in national laws relating to land use and ownership, and these are in scope of UK due diligence legislation. As stated above, our approach is to recognise the primacy of local laws and not impose additional obligations beyond these laws; we therefore believe that our due diligence legislation should apply to indigenous peoples’ rights to land where this protection applies under national laws. We recognise that enforcement of these laws is a key challenge for producer countries. This is why we aim to support countries in the enforcement of national laws as well as to encourage producer country governments to enhance the environmental and social protections of their legal frameworks. At COP26, the UK brokered a commitment under which 14 donors pledged US$1.7bn to support Indigenous Peoples and local communities (IPLCs). This funding will help communities to secure their rights and support their stewardship of forests, helping to stop deforestation. With our International Climate Finance (ICF), we support Indigenous Peoples and Local Communities through programmes that clarify and strengthen rights. The UK Government’s global Forest Governance Markets and Climate (FGMC) programme promotes inclusive policymaking, working with Governments, local business and civil society, including indigenous peoples and local communities. It is helping countries to clarify and apply forest laws and tenure rules and practices that help to protect and empower indigenous peoples and local communities to manage their forest resources. The FCDO Land Facility programme will work with central government, land agencies, local communities and businesses to promote reform of land governance and administration. This will include tackling barriers to the recognition and protection of communities’ land rights. And through FCDO’s global Land Enhancing Governance for Economic Development programme we are working with non-governmental organisations to build a global network of paralegals helping indigenous communities and local communities defend and protect their land rights. HMG is also committed to developing new projects and programmes in this area. In autumn 2023, FCDO officials carried out a scoping mission across five Amazon countries, meeting with 18 IPLC organisations and 17 partner NGOs, in order to better understand IPLCs’ needs and priorities for donor support. This will inform the design of future HMG work seeking to support IPLC forest governance and tenure security in the region.