À travers le monde, des millions de personnes dépendent des ressources naturelles telles que les terres, les pêches et les forêts, qui sont utilisées collectivement comme des biens communs. Les biens communs sont essentiels à la culture, à l’identité et au bien-être. Source de nourriture et de revenus, ils agissent comme un important filet de sécurité, surtout pour les populations les plus marginalisées et les plus vulnérables.

Millones de personas de todo el mundo dependen de recursos naturales, como la tierra, la pesca y los bosques, que se utilizan de manera colectiva como propiedades comunales. Estas son fundamentales para la cultura, el bienestar y la identidad cultural. Como fuente de alimentos e ingresos, constituyen una importante red de seguridad, en particular para las personas más vulnerables y marginadas.

The purpose of this research is to analyse the situation of policy documents and basic laws (constitutions), related to the rational use of rural land and fertile soil as an important natural resource. The analysis has shown affinity of common laws of different countries in relation to the preservation and improvement of agricultural land and to the provision of necessary infrastructure conducive to the development of agriculture. Based on the analysis of legal framework, the main directions and principles of land management and land use planning in agricultural areas were concluded.

Changes to the legislation governing the state registration of rights to immovable property and their encumbrances aimed at simplifying relevant procedures, they will improve the existing legal regulation in this area and are designed to ensure the safety and protection of the rights and legitimate interests of the owners, users’ real estate by creating additional safeguards for them.

The changes in the ownership structure were to be implemented by the Agricultural Property Agency of the State Treasury, which, under the Act of Law of 11 April 2003 on the structuring of agrarian system (i.e. The Journal of Laws of 2012, item 803, as amended), on 16 July 2003 became the Agricultural Property Agency with eleven local branch offices.

The paper examines the pace of land acquisitions in terms of creating legislative and policy options to safeguard local communities that are directly affected, including compensation for land that is taken, and protecting community interests in the socio-economic and environmental continuum of investment projects, from design to implementation. The absence or weakness of formal landholding and land registration systems was evident in most research sites in Isiolo and Lamu.

The Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests in the Context of National Food Security (FAO, 2012 – referred to in this guide as ‘the Guidelines’) were unanimously adopted by the Committee on World Food Security (CFS) in 2012, with subsequent broad international recognition and support. Their strength rests on the unique inclusive and participatory process through which they were developed.

Up to 2.5 billion people depend on indigenous and community lands, which make up over 50 percent of the land on the planet; they legally own just one-fifth. The remaining land remains unprotected and vulnerable to land grabs from more powerful entities like governments and corporations. There is growing evidence of the vital role played by full legal ownership of land by indigenous peoples and local communities in preserving cultural diversity and in combating poverty and hunger, political instability and climate change.

The eradication of hunger and poverty largely depend on how people, communities and others gain access to land. The livelihoods of many, particularly the rural poor including women, are based on secure and equitable access to and control over land and other natural resources. Land is a source of food and shelter; the basis for social, cultural and religious practices; and a central factor in economic growth.

A large number of countries recognize the role of forests in carbon sequestration and committed in their NDCs to protect forests, reduce deforestation rates, and restore forestlands. Few NDCs, however, make any specific commitments to how their forests will be protected or restored on degraded land. It is still unclear if governments will protect forests by expanding the protected estate, improving the management of existing national parks, helping communities safeguard the forests on their lands, or by taking other measures.