A/HRC/33/39
V. Protecting economic and social rights
54.
Through its economic and social rights programme, OHCHR continued to protect
and promote the rights to adequate housing and to an adequate standard of living, to help
prevent forced evictions and to promote security of tenure and a better understanding of the
role of business in respecting human rights, including with regard to indigenous
communities.
55.
The Government’s land titling programmes have advanced steadily. According to
government figures, as at the end of January 2016, approximately 4 million land titles had
been delivered under the ongoing processes of systematic land registration (more than 2.9
million titles), sporadic land registration (more than 600,000 land titles) and by means of
the Directive No. 001 campaign (nearly 620,000 land titles). The systematic land titling
programme is generally considered successful in that it has facilitated the awarding of
millions of land titles at a low cost to the beneficiaries. Given that it explicitly excludes
contested land, however, it has left out families and communities who most need tenure
security. The Government has estimated that, as at mid-2016, land titles had been provided
for approximately 60 per cent of the country’s estimated 7 million parcels of land.
56.
OHCHR also registered the adverse impact of the land titling process on indigenous
and other communities who claim to have lost land as a result of land disputes or the
inconsistent implementation of government policies. OHCHR received a number of
petitions from individuals and groups who sought its intervention and legal advice on their
disputes and concerns. It conducted field visits to ascertain facts, engaged with the relevant
authorities, including at the subnational level, facilitated dialogue among the parties in
dispute, monitored the work of dispute resolution mechanisms, and provided legal and
procedural advice to communities and the civil society organizations supporting them.
During the period under review, OHCHR monitored 75 ongoing and unresolved land
disputes among affected communities, authorities and businesses in both rural and urban
areas, and seven new cases. Of those disputes, 29 were related to economic land
concessions and other land concessions granted by the Government, while 46 were related
to other land transactions. Eleven cases were considered closed by May 2016.
57.
In February 2016, the Government announced that the work of the interministerial
commission to inspect, demarcate and assess economic land concessions, which was
created in August 2014 with a mandate to examine land concessions and to revoke
contracts of companies failing to comply with their contractual obligations, was completed
and that the commission would therefore be dissolved. A total of 113 economic land
concessions administered by the Ministry of the Environment were reviewed and 23 were
revoked, while four companies voluntarily handed back their concession to the State.
Another 118 concessions administered by the Ministry of Agriculture, Forestry and
Fisheries were reviewed, 15 of which were revoked. Despite the progress made by the
commission, access to information and a lack of transparency and accountability in the
review process and the management of concessions posed significant problems. No details
were shared on the criteria adopted for the review, and no information was shared on the
remedies offered to the communities affected by the concessions. Some companies were
reportedly formally informed neither about the downsizing of their concession nor about
the use that would be made of the land revoked. In April 2016, the Government issued a
subdecree establishing that the Ministry of Agriculture, Forestry and Fisheries would be
solely responsible for economic land concessions, while the Ministry of Environment
would manage and administer environmentally protected areas.
58.
OHCHR continued to provide support for a non-governmental open-data source that
shares a range of relevant information online, including on land concessions by province
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