Why wait for the state? Using the CFS Tenure Guidelines to recalibrate political-legal struggles for democratic land control

Abstract

In 2012, with the adoption of the Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests in the Context of National Food Security (or TGs), the UN Committee on World Food Security (CFS) established a new international standard on natural resource governance. After adoption, the challenge is for these guidelines to be implemented and used. However, no law is self-interpreting or self-implementing, and so how states will interpret and implement these new guidelines cannot be taken for granted. This is especially true in the current global context of land grabbing driven, in many cases, by alliances of state and capital. Consequently, subaltern people, for whom rights in relation to the natural resources on which they depend remain out of reach, face the challenge and potential opportunity of making use of the TGs to recalibrate the political-legal terrain in favour of human rights and democratic control of land and other natural resources.