Progress: Procedure completed
Role | Committee | Rapporteur | Shadows |
---|---|---|---|
Lead | DEVE | DEVA Nirj ( ECR) | MITCHELL Gay ( PPE), CASHMAN Michael ( S&D), GOERENS Charles ( ALDE), SARGENTINI Judith ( Verts/ALE) |
Committee Opinion | FEMM | COSTA Silvia ( S&D) |
Lead committee dossier:
Legal Basis:
RoP 54
Legal Basis:
RoP 54Events
The European Parliament adopted by 340 votes to 19 with 22 abstentions, a resolution on the role of property rights, property ownership and wealth creation in eradicating poverty and fostering sustainable development in developing countries.
Parliament recalled that Article 17 of the Universal Declaration of Human Rights stated that everyone had the right to own property alone as well as in association with others and that no one should be arbitrarily deprived of his property. Nevertheless, 1.2 billion people worldwide occupied properties for which they did not hold formal rights, live without permanent homes or access to land altogether.
Moreover, although the MDGs recognised the need to address the security of slum inhabitants and urban squatters in developing countries and committed to account for at least 100 million slum inhabitants by 2020, the target was far from being on track. 90% of new urban settlements in Sub-Saharan Africa were taking the form of slums and 3 billion people are estimated to reside in slums by 2050.
However, these assets could not be protected nor mobilised. They represented dead, extra-legal capital. This total extra-legal and unregistered wealth was estimated at over 9.3 trillion USD, which was 93 times larger than the total for all the foreign aid given to developing countries in the past 30 years. As such, establishing legal property law systems and empowering people to govern over their own resources could turn out to be the greatest development story of the 21st century, but also the greatest challenge of all.
Land rights, including property rights, and wealth creation : Parliament considered registered property rights and secure land rights to be a catalyst for economic growth, while also promoting social cohesion and peace . I t stressed that empowering people to make decisions about their own resources, combined with formal inheritance provisions , strongly encouraged smallholders to invest sustainably in their land, practise terracing and irrigation, and mitigate the effects of climate change.
Parliament recognised that the challenge is to overcome the dissonance between legality, legitimacy and practices by building land tenure mechanisms based on shared norms , starting from a recognition of existing rights, while making sure that men and women, as well as vulnerable communities in developing countries, had secure rights over land and assets, and were fully protected against vested interests that could seize their property. It strongly condemned the practice of land-grabbing which, in particular, illegally dispossesses the rural poor and traditional Nomad populations of land without adequate compensation.
It stressed that the removal of public incentives for the production of crop-based biofuels and subsidies was one way to combat land-grabbing.
Parliament emphasised that investment agreements on large-scale land acquisitions or leases should duly take into account the right of current land-users , as well as the rights of workers employed on farms. It considered that all land deals should also include a legal obligation whereby a certain minimum percentage of crops produced should be sold on the local market .
Roadmap to secure land rights, including property rights, and sustainable land governance in the developing world : Parliament highlighted the fact that land reform requires flexibility, tailored to local, social and cultural conditions, such as traditional forms of tribal ownership, and should be focused on empowering the most vulnerable. It warned against applying a one-size-fits-all approach in order to achieve land security. It stated that the decentralisation of land administration empowered local communities and individuals, and drew attention to the need to eliminate corrupt practices imposed by local chiefs through deals struck with foreign investors and any claims to unregistered individual plots of land. Members emphasised that a high priority for development policy should be to establish and improve land registries in developing countries. Tenure security could be safeguarded under various forms, such as through clear, long-term rental contracts, or formal recognition of customary rights and informal settlements, with accessible and effective dispute settlement mechanisms.
The EU was called upon to:
· channel support towards capacity development and training programmes in land management with the aim of securing land rights for the poor and vulnerable groups, including through cadastral surveying, registration, and efforts to equip educational institutions in developing countries;
· strengthen the capacity of courts in developing countries to enforce property law effectively, to resolve land disputes and manage expropriations as part of a holistic approach aimed at consolidating judicial systems and the rule of law;
· help developing countries to implement their land reforms in order, to promote, in particular, the participation of all stakeholders, and in combination with awareness-raising programmes, so that the rights of all parties involved, especially the poor and vulnerable, are fully respected;
· ensure that developing countries introduce legislative measures to promote gender equality and prevent discrimination;
· address the means of removing the significant social, political and cultural constraints on land rights acquisition.
With a view to empowering women in their rights and access to land, inheritance, access to credit and savings in post-conflict situations, the EU was urged to pay particular attention in its land reform programmes to women’s vulnerability to changes in family structure and the degree to which women can enforce their rights, as well as to ensure that in practice, household deeds have both spouses’ names on the land title.
Placing land rights, including property rights, at the heart of EU development policy : Parliament commended the EU’s participation in global land initiatives. It highlighted the fact that, as the world’s leading development actor, the EU had the capacity to enhance its currently limited approach in terms of both scope and visibility with a view to addressing land tenure. It underlined that EU aid should contribute to building the institutional capability required for the granting of secure land rights, so as to tackle rent-seeking and bureaucratic inertia, as well as corrupt and unaccountable practices;
The EU must aim to ensure that people have access to social protection and insurance schemes in order to protect their livelihoods and protect their assets in the case of a disaster or shock. However, the Plenary rejected the committee’s recommendation that an update be made to the 2004 EU Land Policy Guidelines as well as rejecting assistance for new low-cost technologies in land mapping and administration.
The Commission was urged to:
· set a clearly defined budget line for property rights, shifting from a small-scale perspective to long-term land governance reform, with a view to streamlining land tenure;
· enhance its assistance with respect to the inclusion of land rights in humanitarian and development responses to disasters or civil conflicts, whereby land policies must guarantee secure land rights for different ethnic, social or generational groups in an equitable manner.
It should be noted that an alternative resolution replacing this one, presented by the ECR group, was rejected in plenary.
Documents
- Commission response to text adopted in plenary: SP(2014)457
- Results of vote in Parliament: Results of vote in Parliament
- Debate in Parliament: Debate in Parliament
- Decision by Parliament: T7-0250/2014
- Committee report tabled for plenary, single reading: A7-0118/2014
- Committee report tabled for plenary: A7-0118/2014
- Amendments tabled in committee: PE523.041
- Committee draft report: PE519.602
- Committee opinion: PE513.154
- Committee opinion: PE465.019
- Committee opinion: PE465.019
- Committee opinion: PE513.154
- Committee draft report: PE519.602
- Amendments tabled in committee: PE523.041
- Committee report tabled for plenary, single reading: A7-0118/2014
- Commission response to text adopted in plenary: SP(2014)457
Activities
- Nirj DEVA
- Anni PODIMATA
- Paul RÜBIG
Plenary Speeches (1)
- Zbigniew ZALESKI
Plenary Speeches (1)
Votes
A7-0118/2014 - Nirj Deva - Considérant K #
LT | DK | HR | FI | LU | SI | MT | SK | BG | LV | EE | HU | IE | AT | SE | PT | BE | ES | IT | CZ | NL | PL | RO | GB | FR | DE | ||
---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Total |
7
|
3
|
3
|
7
|
4
|
4
|
4
|
7
|
5
|
5
|
6
|
11
|
7
|
12
|
8
|
10
|
13
|
13
|
21
|
16
|
19
|
27
|
27
|
37
|
45
|
61
|
|
EFD |
13
|
2
|
1
|
1
|
2
|
1
|
3
|
3
|
|||||||||||||||||||
NI |
20
|
3
|
3
|
1
|
1
|
Netherlands NIAgainst (4) |
3
|
3
|
2
|
||||||||||||||||||
GUE/NGL |
21
|
1
|
1
|
4
|
4
|
1
|
1
|
France GUE/NGL |
Germany GUE/NGLAgainst (5) |
||||||||||||||||||
ECR |
34
|
1
|
1
|
1
|
Czechia ECRAgainst (6) |
1
|
9
|
United Kingdom ECRAgainst (15) |
|||||||||||||||||||
Verts/ALE |
37
|
1
|
1
|
1
|
2
|
2
|
1
|
2
|
2
|
3
|
United Kingdom Verts/ALEAgainst (5) |
France Verts/ALEAgainst (8) |
Germany Verts/ALEAgainst (9) |
||||||||||||||
ALDE |
51
|
1
|
1
|
2
|
1
|
1
|
2
|
3
|
3
|
1
|
1
|
2
|
2
|
2
|
Netherlands ALDEAgainst (5) |
4
|
United Kingdom ALDEAgainst (6) |
France ALDEAgainst (6) |
Germany ALDEAgainst (8) |
||||||||
S&D |
73
|
1
|
1
|
1
|
3
|
2
|
1
|
1
|
1
|
2
|
1
|
4
|
4
|
5
|
3
|
5
|
2
|
1
|
Romania S&DAgainst (8) |
4
|
9
|
Germany S&DFor (1)Against (13) |
|||||
PPE |
133
|
Lithuania PPE |
3
|
3
|
2
|
3
|
1
|
4
|
3
|
2
|
1
|
Hungary PPEAgainst (8) |
3
|
4
|
3
|
1
|
3
|
Spain PPEAgainst (4) |
12
|
1
|
2
|
Poland PPEAgainst (14) |
Germany PPEAgainst (25)
Albert DESS,
Andreas SCHWAB,
Annette KOEWIUS,
Bernd POSSELT,
Christian EHLER,
Daniel CASPARY,
Doris PACK,
Elisabeth JEGGLE,
Elmar BROK,
Gabriele STAUNER,
Hans-Peter MAYER,
Herbert REUL,
Ingeborg GRÄSSLE,
Joachim ZELLER,
Manfred WEBER,
Markus PIEPER,
Michael GAHLER,
Monika HOHLMEIER,
Peter JAHR,
Rainer WIELAND,
Sabine VERHEYEN,
Thomas MANN,
Thomas ULMER,
Werner KUHN,
Werner LANGEN
|
A7-0118/2014 - Nirj Deva - Résolution commission DEVE #
DE | FR | GB | RO | PL | IT | ES | CZ | BE | AT | NL | PT | HU | FI | SE | LT | SK | IE | BG | EE | LU | SI | LV | MT | DK | HR | ||
---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Total |
60
|
45
|
36
|
27
|
27
|
21
|
13
|
16
|
13
|
12
|
19
|
10
|
10
|
9
|
8
|
7
|
7
|
7
|
5
|
5
|
4
|
4
|
5
|
4
|
3
|
3
|
|
PPE |
132
|
Germany PPEFor (20)Albert DESS, Bernd POSSELT, Christian EHLER, Daniel CASPARY, Doris PACK, Elisabeth JEGGLE, Gabriele STAUNER, Hans-Peter MAYER, Herbert REUL, Ingeborg GRÄSSLE, Manfred WEBER, Markus PIEPER, Michael GAHLER, Monika HOHLMEIER, Peter JAHR, Rainer WIELAND, Thomas MANN, Thomas ULMER, Werner KUHN, Werner LANGEN
Against (4)Abstain (1) |
France PPEFor (10)Against (6) |
Romania PPEFor (11)Against (1) |
Poland PPEFor (14) |
Spain PPEFor (4) |
1
|
3
|
4
|
2
|
1
|
Hungary PPEFor (7) |
3
|
3
|
3
|
4
|
3
|
3
|
1
|
2
|
3
|
2
|
1
|
3
|
|||
S&D |
74
|
Germany S&DFor (14) |
4
|
8
|
1
|
3
|
5
|
4
|
2
|
2
|
4
|
2
|
1
|
1
|
2
|
1
|
1
|
1
|
3
|
1
|
|||||||
ALDE |
51
|
Germany ALDEFor (7)Abstain (1) |
France ALDEFor (6) |
United Kingdom ALDEFor (6) |
4
|
2
|
2
|
2
|
1
|
Netherlands ALDE |
3
|
1
|
1
|
3
|
2
|
2
|
1
|
1
|
1
|
||||||||
Verts/ALE |
38
|
Germany Verts/ALEFor (9) |
France Verts/ALEFor (9) |
5
|
2
|
2
|
2
|
3
|
1
|
2
|
1
|
1
|
1
|
||||||||||||||
ECR |
33
|
United Kingdom ECRFor (14) |
1
|
Czechia ECR |
1
|
1
|
1
|
||||||||||||||||||||
GUE/NGL |
19
|
4
|
3
|
1
|
Czechia GUE/NGLFor (1)Abstain (3) |
1
|
4
|
1
|
1
|
||||||||||||||||||
EFD |
13
|
3
|
3
|
2
|
1
|
1
|
2
|
1
|
|||||||||||||||||||
NI |
20
|
2
|
3
|
3
|
1
|
1
|
3
|
Netherlands NIAgainst (4) |
3
|
A7-0118/2014 - Nirj Deva - § 11 #
FR | GB | BE | PT | ES | EE | AT | SE | CZ | MT | NL | DK | LU | BG | LV | IE | LT | FI | SI | RO | DE | IT | SK | HR | HU | PL | ||
---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Total |
49
|
37
|
13
|
10
|
15
|
6
|
12
|
8
|
16
|
4
|
19
|
3
|
4
|
6
|
6
|
7
|
6
|
9
|
4
|
26
|
61
|
21
|
7
|
3
|
13
|
27
|
|
S&D |
77
|
4
|
4
|
4
|
1
|
2
|
1
|
5
|
3
|
2
|
1
|
1
|
1
|
1
|
1
|
2
|
8
|
Germany S&DFor (14) |
3
|
2
|
1
|
1
|
|||||
Verts/ALE |
39
|
France Verts/ALEFor (10) |
5
|
2
|
1
|
2
|
1
|
2
|
2
|
3
|
1
|
1
|
Germany Verts/ALEFor (9) |
||||||||||||||
ALDE |
51
|
France ALDEFor (6) |
United Kingdom ALDEFor (6) |
2
|
2
|
3
|
1
|
1
|
Netherlands ALDEAgainst (1) |
1
|
1
|
2
|
3
|
1
|
3
|
1
|
3
|
Germany ALDEFor (1)Against (7) |
2
|
||||||||
GUE/NGL |
21
|
France GUE/NGL |
1
|
4
|
1
|
4
|
1
|
1
|
Germany GUE/NGL |
||||||||||||||||||
NI |
20
|
2
|
3
|
1
|
3
|
Netherlands NIAgainst (4) |
3
|
1
|
3
|
||||||||||||||||||
EFD |
12
|
3
|
1
|
1
|
1
|
2
|
1
|
3
|
|||||||||||||||||||
ECR |
34
|
United Kingdom ECRAgainst (15) |
1
|
Czechia ECRAgainst (6) |
1
|
1
|
1
|
9
|
|||||||||||||||||||
PPE |
138
|
France PPEAgainst (18)
Alain CADEC,
Arnaud DANJEAN,
Constance LE GRIP,
Dominique RIQUET,
Elisabeth MORIN-CHARTIER,
Jean-Marie CAVADA,
Jean-Paul GAUZÈS,
Jean-Pierre AUDY,
Joseph DAUL,
Marielle BOULLIER GALLO,
Maurice PONGA,
Michèle STRIFFLER,
Philippe BOULLAND,
Philippe JUVIN,
Rachida DATI,
Sophie AUCONIE,
Tokia SAÏFI,
Véronique MATHIEU HOUILLON
|
3
|
1
|
Spain PPEAgainst (5) |
1
|
4
|
3
|
1
|
1
|
2
|
2
|
3
|
3
|
3
|
Lithuania PPE |
3
|
3
|
Germany PPEAgainst (25)
Albert DESS,
Andreas SCHWAB,
Annette KOEWIUS,
Bernd POSSELT,
Christian EHLER,
Daniel CASPARY,
Doris PACK,
Elisabeth JEGGLE,
Elmar BROK,
Gabriele STAUNER,
Hans-Peter MAYER,
Herbert REUL,
Ingeborg GRÄSSLE,
Joachim ZELLER,
Manfred WEBER,
Markus PIEPER,
Michael GAHLER,
Monika HOHLMEIER,
Peter JAHR,
Rainer WIELAND,
Sabine VERHEYEN,
Thomas MANN,
Thomas ULMER,
Werner KUHN,
Werner LANGEN
|
Italy PPEFor (1)Against (11) |
4
|
3
|
Hungary PPEAgainst (9) |
Poland PPEAgainst (14) |
Amendments | Dossier |
91 |
2013/2026(INI)
2013/11/14
DEVE
91 amendments...
Amendment 1 #
Motion for a resolution Citation 2 – having regard to the Millennium Declaration of 8 September 2000 setting out the Millennium Development Goals (MDGs), in particular goals 1, 3 and 7,
Amendment 10 #
Motion for a resolution Citation 10 a (new) - having regard to the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) and the Indigenous and Tribal Peoples Convention (no. 169) of the International Labour Organization,
Amendment 11 #
Motion for a resolution Citation 10 b (new) - having regard to the recommendations of the High Level Panel on the Post-2015 Development Agenda to include a goal on governance of land tenure for women and men, and to recognise that women and girls must have, among other things "the equal right to own land and other assets",
Amendment 12 #
Motion for a resolution Recital A A. whereas
Amendment 13 #
Motion for a resolution Recital A A. whereas property rights can be defined as the rules that regulate the terms by which individual stakeholders, communities, public and private actors
Amendment 14 #
Motion for a resolution Recital A a (new) Aa. whereas the EU Land Policy Guidelines 2004 defines land tenure as a "system of access to and control over land and related resources", and that land rights are not limited to private ownership in the strict sense, but can be a very diverse balance between individual rights and duties, and collective regulations at different levels;
Amendment 15 #
Motion for a resolution Recital B B. whereas 1.2 billion people worldwide
Amendment 16 #
Motion for a resolution Recital B a (new) Ba. whereas in Africa alone 90 % of land is unregistered;
Amendment 17 #
Motion for a resolution Recital C a (new) Ca. whereas in developing countries the registration process is fraught with high costs, corruption and cumbersome bureaucracy; whereas to register a business in Peru, for example, takes 265 days and costs 1300 US dollars, 31 times the monthly minimum wage; whereas to obtain legal authorisation to build a house on state owned land and obtain legal title to that land takes in total, approximately 900 administrative steps;
Amendment 18 #
Motion for a resolution Recital D D. whereas
Amendment 19 #
Motion for a resolution Recital D D. whereas efforts to achieve MDG7 (Target 11), which is aimed at improving the lives of 100 million slum inhabitants by 2020, is drastically behind schedule; whereas Article 11 of the International Covenant on Economic, Social & Cultural Rights recognises a universal right to housing and to continuous improvement of living conditions; whereas the United Nations Human Settlements Programme (UN-Habitat) estimates that as many as one billion people live in slums, and it is thought that an estimated three billion people will reside in slums by 2050;
Amendment 2 #
Motion for a resolution Citation 5 a (new) - having regard to the UN-Habitat Study "Secure Land Rights for All" of 2008 and UN-Habitat guide on "How to Develop a Pro-Poor Land Policy: Process, Guide and Lessons";
Amendment 20 #
Motion for a resolution Recital D a (new) Da. whereas in rural areas, some 200 million people (almost 20 per cent of the world's poor) have no access to sufficient land to make a living; whereas rural land is coming under multiple pressures: they include population growth, land use conversion, commercial investments, environmental degradation due to drought, soil erosion and nutrient depletion, as well as natural disasters and conflicts; and whereas securing land rights is needed to promote social stability by reducing uncertainty and conflicts over land;
Amendment 21 #
Motion for a resolution Recital D b (new) Db. whereas private investors and governments have shown a growing interest in the acquisition or long-term lease of large portions of arable land in countries, mostly in developing countries in Africa and Latin America;
Amendment 22 #
Motion for a resolution Recital D c (new) Dc. whereas by setting mandatory targets and subsidizing biofuels, the EU contributes at least indirectly to land- grabbing in developing countries, given that it encourages speculation on arable land, particularly the most fertile ones and those located nearby ports or roads; whereas consequently, the threats to the security of tenure for small-holders are further increased, with potential negative consequences on the food security of local communities;
Amendment 23 #
Motion for a resolution Recital F F. whereas land governance issues are correlated with the key challenges of the 21st century
Amendment 24 #
Motion for a resolution Recital F a (new) Fa. whereas an estimated 1.4 billion hectares in the world are governed by customary norms; whereas existing land tenure structures in Africa, Asia and Latin America are considerably different from each other and the local, customary arrangements that have developed, freehold or communal, cannot be disregarded when formalisation of land is undertaken;
Amendment 25 #
Motion for a resolution Recital F a (new) Fa. whereas the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) states that women and spouses shall have equal rights in respect of the ownership and acquisition of property; but whereas many land tenure and property rights regime discriminate against women either formally or in practise;
Amendment 26 #
Motion for a resolution Recital G G. whereas women, who represent 70 % of Africa's farmers, formally own as little as 2 % of the land; whereas recent programmes throughout India, Kenya
Amendment 27 #
Motion for a resolution Recital G G. whereas providing secure land rights for women is important for poverty reduction, in view of women's roles as food producers in rural and peri-urban areas, their responsibilities for feeding family members; whereas women, who represent 70 % of Africa's farmers, formally own as little as 2 % of the land; whereas recent programmes throughout India, Kenya and Honduras show that low- income female-headed households have better nutrition figures than higher-income households headed by men;
Amendment 28 #
Motion for a resolution Recital G G. whereas women, who represent 70 % of Africa's farmers, formally own as little as 2 % of the land; whereas recent programmes throughout India, Kenya and Honduras show that low-income female-headed households have better nutrition figures than higher-income households headed by men; whereas women often have little legal protection or rights to property ownership and laws in many countries still discriminate against women;
Amendment 29 #
Motion for a resolution Recital G a (new) Ga. whereas an estimated 370 million indigenous peoples worldwide have a strong spiritual, cultural, social and economic relationship with their traditional lands, whose management is usually community-based;
Amendment 3 #
Motion for a resolution Citation 5 b (new) - having regard to the report of the UN Special Rapporteur Olivier De Schutter on the Right to Food "Large-scale land acquisitions and leases: a set of core principles and measures to address the human rights challenge" of 11 June 2009;
Amendment 30 #
Motion for a resolution Recital G a (new) Ga. whereas Article 17 of the Universal Declaration of Human Rights recognizes the rights of everyone to own property either alone or in association with others, and that no one should be arbitrarily deprived of their property;
Amendment 31 #
Motion for a resolution Recital G b (new) Gb. whereas access to land for indigenous people has been given specific forms of protection under the 1989 ILO Convention (n° 169) and the United Nations Declaration on the Rights of Indigenous Peoples;
Amendment 32 #
Motion for a resolution Recital G c (new) Gc. whereas Article 10 of the UN Declaration on the Right to Indigenous People guarantee to indigenous people the right not to be forcibly removed from their lands or territories, and no relocation shall take place without their free, prior and informed consent and after agreement on just and fair compensation and, where possible, with the option of return;
Amendment 33 #
Motion for a resolution Recital G b (new) Gb. whereas, considering that 99 % of conflicts could be classified ultimately as land disputes, i.e. Nigeria, Ghana, Zimbabwe, South Africa, Somalia, Darfur, in post-conflict societies and fragile nations, state-building must reflect a particularly strong focus on securing land tenure and accountable land governance for its citizens;
Amendment 34 #
Motion for a resolution Subheading 1 Property rights
Amendment 36 #
Motion for a resolution Paragraph 1 1. Considers recognised and registered property rights to be a catalyst for economic growth, enhancing productivity and investment through access to capital
Amendment 37 #
Motion for a resolution Paragraph 1 1. Considers
Amendment 38 #
Motion for a resolution Paragraph 1 a (new) 1a. Emphasises that securing land rights and greater equity in land access provide a secure foundation for livelihoods, economic opportunities, and in rural areas, for household food production;
Amendment 39 #
Motion for a resolution Paragraph 1 b (new) 1b. Underlines that besides individual land titling a variety of alternative tenure options, including building on customary tenure systems to legally secure rights to house plots, farmland and natural resources, should be recognised, as advocated by UN-Habitat;
Amendment 4 #
Motion for a resolution Citation 7 having regard to the Commission
Amendment 40 #
Motion for a resolution Paragraph 1 c (new) 1c. Notes that in rural and peri-urban areas in many countries, especially in sub-Saharan Africa and in parts of South-east Asia, customary tenure is the main way of accessing land; but notes that land titling has been popular with many international agencies, as a way to provide land security; points out however that various studies, such as those of UN- Habitat or UN Special Rapporteur for the Right to Food, demonstrates that giving priority to such tenure policy entails limitations: it distorts land and housing markets unless granted on a large scale; it entails risks of abuse and nepotism if granted on a small scale; it may stimulate litigation over competing claims, and undermines pre-existing land rights; it does not necessarily improve access to bank loans and may expose poor residents to unaffordable property taxes and service charges.
Amendment 41 #
Motion for a resolution Paragraph 1 d (new) 1d. Points out equally that the EU Land Policy Guidelines 2004 also states that land titling is not always the best way of increasing tenure security, and nor does it automatically lead to greater investment and productivity;
Amendment 42 #
Motion for a resolution Paragraph 2 a (new) 2a. Notes with concern that cultural traditions often leave women dependent on male relatives for tenure security and without legal protection; stresses upon international obligations of States to ensure minimum economic social and cultural rights, which includes government's obligation to ensure that land management is not discriminatory, particularly with regard to women and the poor, and does not violate other human rights;
Amendment 43 #
Motion for a resolution Paragraph 3 3. Highlights the fact that empowering people to make decisions about their own resources, combined with formal inheritance provisions, strongly encourages smallholders to invest sustainably in their land, practise terracing and irrigation, and mitigate the effects of climate change; for example, studies have shown that a household with fully secure and transferable land is estimated to be 59.8 % more likely to invest in terracing than one who expects a redistribution within the village during the next 5 years;
Amendment 44 #
Motion for a resolution Paragraph 3 a (new) 3a. Recognises that the challenge is overcoming the divorce between legality, legitimacy and practices by building land tenure mechanisms based on shared norms, starting from a recognition of existing rights, while making sure that men and women, as well as vulnerable communities in developing countries have secure rights over land and assets and are fully protected against vested interests that could seize their property;
Amendment 45 #
Motion for a resolution Paragraph 4 4. Strongly condemns the practice of land grabbing, which illegally dispossesses the rural poor of land without adequate compensation; highlights the fact that
Amendment 46 #
Motion for a resolution Paragraph 4 4. Strongly condemns the practice of land grabbing, which, in particular, illegally dispossesses the rural poor of land without adequate compensation; highlights the fact that 203 million hectares worldwide have been part of large-scale land deals of this kind between 2000 and 20103; __________________ 3 http://www.landmatrix.org/get-the- idea/global-map-investments.
Amendment 47 #
Motion for a resolution Paragraph 4 4. Strongly condemns the practice of land grabbing, which illegally dispossesses the rural poor and traditional Nomad populations of land, without adequate compensation; highlights the fact that 203 million hectares worldwide have been part of large-scale land deals of this kind between 2000 and 20103 ; __________________ 3 http://www.landmatrix.org/get-the- idea/global-map-investments/
Amendment 48 #
Motion for a resolution Paragraph 4 a (new) 4a. Notes that with title deeds to land, a person can borrow money at reasonable rates of interest, which can be used to establish and develop a business; emphasises that the protection of property rights can promote a competitive business environment where the entrepreneurial and innovative spirit can grow;
Amendment 49 #
Motion for a resolution Paragraph 4 a (new) 4a. Highlights the fact that EU biofuel policy as enshrined in the Renewable Energy Directive forms an (indirect) impetus for land-grabbing activities.
Amendment 5 #
Motion for a resolution Citation 7 a (new) – having regard to the Commission communication of 27 February 2013 entitled ‘A decent life for all: Ending poverty and giving the world a sustainable future’ (COM(2013)92 final),
Amendment 50 #
Motion for a resolution Paragraph 4 b (new) 4b. Stresses that the removal of public incentives for the production of crop- based biofuels and subsidies is one way to combat land grabbing;
Amendment 51 #
Motion for a resolution Paragraph 4 c (new) 4c. Notes also with concern that the EU trade policy may contribute to land- grabbing; in particular, regrets that the Everything but Arms (EBA) trade initiative, which confers unlimited, duty- free and quota-free access, triggered for instance land grabbing in Cambodia for sugar cane exports or that EU's FTA with Central America increase land pressures and land conflicts in Central America;
Amendment 52 #
Motion for a resolution Paragraph 4 d (new) 4d. Recalls that when land rights are not secure and governance is weak, they bring high risks for local communities, in terms of food security, risk of displacement and eviction of farmers and herders; urges accordingly the EU Member States to support the national capacity of developing countries to strengthen their governance system;
Amendment 53 #
Motion for a resolution Subheading 1 a (new) The negotiations of large-scale leases or acquisitions of land through investment agreement and the rights of local people.
Amendment 54 #
Motion for a resolution Paragraph 4 e (new) 4e. Highlights that both the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights recognize the right to self-determination, defined as the right of all people to freely dispose of their natural wealth and resources, and that both stipulate that no people may be deprived of its own means of subsistence; accordingly, stresses that the negotiation of large-scale leases or acquisition of lands must duly reflect the right to development, which entails transparency, adequate and informed participation of the local communities concerned by land leases or purchases and accountability in the use of revenues, that should benefit local population;
Amendment 55 #
Motion for a resolution Paragraph 4 f (new) 4f. Highlights the fact that EU investment policies may contribute to land grabbing, as international investment agreements usually define investment very broadly, thereby applying to agricultural investment and land acquisitions; recalls that Bilateral Investment Treaties usually provide extensive legal protection to investment against adverse host state action; believes that full environmental and social impact assessment of land use changes should be implemented before any land sale or lease takes place; calls on the EU to upgrade its assistance to developing countries related to the framing of investments agreements so as to enable the host country to regulate in the public interest in the remit of land deals;
Amendment 56 #
Motion for a resolution Paragraph 4 g (new) 4g. Stresses that investment agreements on large-scale land acquisitions or leases should duly take into account the right of current land-users, as well as the rights of workers employed on the farms; takes the view that the obligations of investors should be defined in clear terms and should be enforceable, for instance by the inclusion of sanction mechanisms in cases of non-compliance of human rights; considers that all land deals should also include a legal obligation that a certain minimum percentage of crops produced should be sold on the local market.
Amendment 57 #
Motion for a resolution Subheading 2 Steps to
Amendment 58 #
Motion for a resolution Subheading 2 Roadmap to
Amendment 59 #
Motion for a resolution Paragraph 5 5. Highlights the fact that land reform requires flexibility, tailored to local, social and cultural conditions, and should be focused on empowering the most vulnerable
Amendment 6 #
Motion for a resolution Citation 7 b (new) – having regard to the Declaration on ‘Urbanisation Challenges and Poverty Reduction in ACP States’ adopted in Nairobi, Kenya, in 2009,
Amendment 60 #
Motion for a resolution Paragraph 5 5. Highlights the fact that land reform requires flexibility, tailored to local, social and cultural conditions, and should be focused on empowering the most vulnerable, regularising tenure security for urban squatters
Amendment 61 #
Motion for a resolution Paragraph 5 5. Highlights the fact that land reform requires flexibility, tailored to local, social and cultural conditions, such as traditional forms of tribal ownership, and should be focused on empowering the most vulnerable, regularising tenure security for urban squatters and bringing pastoralist societies into the scope of formal property law;
Amendment 62 #
Motion for a resolution Paragraph 5 a (new) 5a. Highlights that the co-existence of customary land regimes and the imposed colonial models represent one of the main reasons for the endemic land insecurity in developing countries; stresses therefore, the imperative to recognise the legitimacy of customary tenure arrangements that provide statutory rights to individuals and communities and prevent dispossession and abuses of land rights, especially prevalent among African communities and the large indigenous populations in Latin America;
Amendment 63 #
Motion for a resolution Paragraph 5 b (new) 5b. Emphasises that regularising tenure security for urban squatters has a significant effect on residential investment, with studies showing that the rate of housing renovation increases by more than 2/3rds;
Amendment 64 #
Motion for a resolution Paragraph 6 6.
Amendment 65 #
Motion for a resolution Paragraph 6 6. Emphasises that land tenure reform should begin with accurate land data collection and with systematic titling by means of cadastral mapping using low-cost technologies, such as mobile technologies, GPS, GPRS and GIS monitoring tools; encourages the development and use of geographical information systems, including satellite and aerial imagery, taking into account technologies for participatory mapping;
Amendment 66 #
Motion for a resolution Paragraph 6 6. Emphasises that land tenure reform should begin with accurate land data collection and with systematic titling by means of cadastral mapping using low-cost technologies; calls for complete openness and for a public website to be made available for use free of charge by all developing countries to which maps and information about property, duly marked, would be uploaded on the basis of aerial imagery , taking as a model the website http://xgis.maaamet.ee/xGIS/XGis created in Estonia with EU support;
Amendment 67 #
Motion for a resolution Paragraph 6 6. Emphasises that land tenure reform should begin with accurate land data collection and with systematic titling by means of cadastral mapping using low-cost technologies; congratulates Rwanda on the progress it has made with regard to land data, which has made it possible to register all land in the country within a remarkably short period;
Amendment 68 #
Motion for a resolution Paragraph 6 a (new) 6a. Recalls that agriculture remains a fundamental source of livelihood, subsistence and food security for rural people; but notes that rural land is coming under multiple pressures, because of population growth, land use conversion, commercial investments, environmental degradation due to drought, soil erosion and nutrient depletion, as well as natural disasters and conflicts; believes in this context that securing land tenure for rural people is essential to achieve MDGs; takes the view that a range of policy instruments can help address these challenges, and they must be adapted to meet local conditions;
Amendment 69 #
Motion for a resolution Paragraph 6 b (new) 6b. Considers that government officials should first identify those land management and tenure systems that already exist; secondly, they should build on these systems for the benefit of the poor and vulnerable groups.
Amendment 7 #
Motion for a resolution Citation 8 a (new) – having regard to the Declaration ‘Making Slums History: a worldwide challenge for 2020’ adopted at the international conference held in Rabat, Morocco, from 26 to 28 November 2012,
Amendment 70 #
Motion for a resolution Paragraph 7 a (new) 7a. Stresses that any shift in land use should only take place with the free, prior and informed consent of the local communities concerned; recalls that indigenous people have been granted specific forms of protection of their rights on land under international law; in line with the United Nations Declaration on the Rights of Indigenous Peoples, insists that States shall provide effective mechanisms for prevention of, and redress for, any action which has the aim or effect of dispossessing indigenous peoples of their lands, territories or resources;
Amendment 71 #
Motion for a resolution Paragraph 8 8. Notes that the limited proportion of land which is registered in Africa (10 %) is recorded via outdated erroneous systems; underlines the fact that, according to World Bank estimates4 , the 27 economies that modernised their registries in the past seven years cut the average time for
Amendment 72 #
Motion for a resolution Paragraph 9 9.
Amendment 73 #
Motion for a resolution Paragraph 10 10. Calls for the EU to strengthen the capacity of courts in developing countries to enforce property law effectively, to resolve land disputes and manage expropriations as part of a holistic approach aimed at consolidating judicial systems and the rule of law;
Amendment 74 #
Motion for a resolution Paragraph 11 11. Calls for the EU to
Amendment 75 #
Motion for a resolution Paragraph 11 11. Calls for the EU to promote land reform in developing countries, with the participation of all stakeholders, and in concert with awareness programs, so that the rights of all parties involved, especially the poor and vulnerable, are fully respected; emphasizes the right of women to inherit and possess land and other property and the importance of addressing the discrimination women face in this regard;
Amendment 76 #
Motion for a resolution Paragraph 11 11. Calls for the EU to promote land reform in developing countries, with the participation of all stakeholders, and in concert with awareness programs, so that the rights of all parties involved, especially the poor and vulnerable, are fully respected; cites the example of Madagascar and local land offices, where simple local initiatives have greatly facilitated the registration of land titles;
Amendment 77 #
Motion for a resolution Paragraph 12 12. Highlights the fact that
Amendment 78 #
Motion for a resolution Paragraph 12 a (new) 12a. Calls on the EU to strongly assist newly empowered landowners' investment, through auxiliary support mechanisms, in new equipment, whilst facilitating technology transfer and training new landowners in the use of innovative techniques and best practices;
Amendment 79 #
Motion for a resolution Paragraph 12 b (new) 12b. Points out that formal recognition of land rights for women doesn't automatically entail an effective implementation of those rights; calls for the EU to pay particular attention in its land reform programmes to women's vulnerability to changes in family structure, the degree to which she can enforce her rights and ensuring that in practice, household deeds have both spouses' names on the land title;
Amendment 8 #
Motion for a resolution Citation 8 b (new) – having regard to the Declaration on ‘Sustainable Urbanisation as Response to Urban Poverty Eradication’ adopted at the 2nd Tripartite ACP/European Commission/UN-Habitat Conference held in Kigali, Rwanda, from 3 to 6 September 2013,
Amendment 80 #
Motion for a resolution Paragraph 12 c (new) 12c. Calls for the EU to support developing countries' efforts in reforming land rental markets to provide land access to the poor and promote growth, while avoiding excessive restrictions on lease markets;
Amendment 81 #
Motion for a resolution Subheading 3 Placing
Amendment 82 #
Motion for a resolution Paragraph 13 13. Highlights the fact that large-scale land acquisitions are among others a direct consequence of weak land governance in developing countries; emphasises that
Amendment 83 #
Motion for a resolution Paragraph 13 13. Highlights the fact that large-scale land acquisitions are a direct consequence of weak land governance in developing countries; emphasises that empowering
Amendment 84 #
Motion for a resolution Paragraph 14 a (new) 14a. Notes that along with improving property rights systems in developing countries, the EU must aim to ensure that people have access to social protection and insurance schemes in order to protect their livelihoods and protect their assets in the case of a disaster or shock;
Amendment 85 #
Motion for a resolution Paragraph 15 15.
Amendment 86 #
Motion for a resolution Paragraph 15 a (new) 15a. Calls for the implementation of the Voluntary Guidelines for the Responsible Governance of Tenure of Land, Fisheries and Forests (VGGT);
Amendment 87 #
Motion for a resolution Paragraph 16 16.
Amendment 88 #
Motion for a resolution Paragraph 16 a (new) 16a. Welcomes the Land Transparency Initiative, launched by the G8 in June 2013 on the basis of the EITI and the recognition that transparency with regards to ownership of companies and land, combined with secure property rights and strong institutions are crucial for poverty alleviation; stresses, however, that efforts need to be scaled up in order for efficient land reform to be implemented;
Amendment 89 #
Motion for a resolution Paragraph 16 b (new) 16b. Recommends that property rights and land tenure security for all be included as an objective on the post -2015 development agenda, with a view to sound land management as a key to achieving the MDG goals and eradicating poverty;
Amendment 9 #
Motion for a resolution Citation 9 – having regard to the Principles for Responsible Agricultural Investment that Respects Rights, Livelihoods and Resources (PRAI)
Amendment 90 #
Motion for a resolution Paragraph 17 Amendment 91 #
Motion for a resolution Paragraph 17 17. Recalls that securing land rights for all are best achieved where they are nested within coherent governance frameworks; recommends that an overarching legal accountability mechanism be developed under the auspices of the UN with the express purpose of supporting land reform, monitoring land governance in a transparent and accountable fashion and encouraging states to respect and pursue land claims made by individuals and communities;
source: PE-523.041
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