The call for an international set of guidelines came from many quarters between 2008 and 2010, but was largely driven by concerns raised in international fora by civil society, member states, development partners, and the private sector. These concerns primarily pertained to food security (and specifically food price spikes) and access, and rights to land and other resources by small, medium and large scale producers as they impact investments in food production systems.
One of the more notable concerns driving the development of the Guidelines was related to large scale land acquisitions (including what some organizations may sometimes refer to as “land grabbing”). Through a technical process FAO developed the initial draft of the Guidelines, and then initiated a process of input and consultation over two years before the document was given to the UN Committee for World Food Security (UN CFS) for negotiation.
As the subject of land rights can be very political (no international guidance can address the plethora of land challenges from Latin America to Africa to Asia and beyond with one-solution fits-all-problems), and civil society organizations, member states, and the private sector often have different views and needs in achieving their respective objectives, you can imagine it was not an easy task for CFS to agree to a set of guidelines.
At the time, the country was still opening up to the outside world, and the Bank had just set up a small office there. I recently returned to Vietnam after 15 years, this time as the Bank’s Global Lead for Land. I saw a completely different country: while the old city charm is still there, Hanoi has transformed to the point that it is really difficult to recognize… as if I had landed in Japan, China, or any other Southeast Asian country.
The airport used to be one gate; now, it is a modern airport not much different from any airport in Western Europe or the United States. I remember that, when I worked in Vietnam in the mid-90s, GDP per capita was averaging US$200, and around 50% of people lived in extreme poverty. Today, GDP per capita has soared to about US$2000, while extreme poverty has dropped to around 3% according to the US$1.9/day extreme poverty line... An impressive achievement in less than 20 years.
My trip to Vietnam had the goal of helping the government modernize and automate the land administration system. In the early 90s, the country launched an ambitious reform program to transform the land use model from communal farming to individual household ownership by breaking up the communal land structure and distributing land to individual households. This reform was then credited with changing Vietnam from a net importer of rice to one of the largest rice exporters in the world in only a few years.
In accordance with the Land Law of 1993, the first Land Use Certificates (LUCs) issued under the program were in the name of the “head of household”, i.e. in the name of men only. Later on, the Vietnamese government, with support from the World Bank, strove to change things around by issuing LUCs bearing both the wife’s and the husband’s names.
During the 1990s and 2000s, nearly two dozen African countries proposed de jure land reforms extending access to formal, freehold land tenure to millions of poor households, but many of these reforms stalled. Titled land remains largely the preserve of wealthy households and, within households, mainly the preserve of men.