7.2.1

Principle 7: Clarity about land tenure, right of use and access to natural resources

Criteria Guidance Evidence & Scoring Importance & Applicability
Criteria 7.2: Criteria 7.2: The rights and traditional practices of indigenous peoples and local communities are respected


7.2.1

The rights of indigenous peoples and local communities to own, use, and control lands, territories and resources in cultivation or collection sites, including the right to free, informed and prior consent, are identified and respected as recognized in the ILO Convention 169 on Indigenous and Tribal Peoples, the United Nations Declaration on the Rights of Indigenous Peoples, the United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas, and national and customary laws.



The producers have legal and legitimate right to use the land. This could be through title deeds, leasehold, traditional or customary use rights. There is respect for legal and customary rights of indigenous peoples and local communities. Activities diminishing the land or resource use rights or collective interests of indigenous peoples and local communities, are conducted only after having received free, prior and informed consent (FPIC).

DOCUMENTATION


  • identification of the laws
  • minutes or records of meeting with community representatives

    INTERVIEWS


  • with community representatives
  • Scoring guidance

    0 - Rights of indigenous people and local communities are not known/have not been identified or they have been identified are not respected across all of the relevant laws
    1 - Some conventions/laws are known and respected, but other relevant ones are not
    2 - Rights of indigenous peoples and local communities are known/identified and there is no evidence that they are not respected. Nevertheless, there is no supporting documents to show knowledge and compliance/respect
    3 - Rights of indigenous peoples and local communities are systematically identified, respected and the organisation holds supporting documents showing their knowledge and compliance/respect

    Importance
    Critical


    Applicability
  • Cultivation & wild collection
  • OaS
  • Comment:

    Notes

    Meeting notes

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