Context
This resource provides essential information, procedural guidance, and key messages for the prevention, mitigation, and resolution of land-related conflicts. Useful for CCCM actors addressing HLP issues in any context where conflicts over land are present.
Summary
The guidance provides a range of diplomatic approaches, such as dialogue and mediation techniques, for managing conflicts that arise over competing interests and claims over land. The approach relies on cooperative and facilitative processes to reach agreements that all parties can adhere to. A four-step process is outlined to provide a procedural framework for identifying, assessing, and addressing land-related disputes. These include:
- Scoping
- Assessment
- Proposing response options
- Ensuring effective roles
A set of general principles and objectives focused on capacity building, local knowledge, and accessibility that should guide the process are outlined. Background and guidance on legal pluralism and conflict, and how this relates to land issues is detailed, including an example from Liberia. The fourth section provides a framework for assessing and addressing conflicts over land through international law and practice, including information about the fundamental right to land and resource, and specifically HLP rights. Also outlined are international rights related to land for specific groups, such as women, children, Indigenous peoples, minorities, refugees/IDPs, and various international agreements that protect these rights.
Guidance on Step 1 of the process (Scoping) is provided, aimed at conflict prevention actors identifying potential conflicts in each context. Step 2 (Assessment) is outlined, including guidance on conducting a stakeholder analysis, assessing legal and institutional frameworks, and assessing customary land tenure and its interaction with national law. Step 3 (Proposing response options) covers institutional strengthening, methods for facilitating dispute resolution, building security of tenure to avoid displacement, and limiting dispossession. Step 4 (Ensuring effective roles) provides guidance on promoting needs responses, local community empowerment, and coordination.
