Transboundary Matters

The third day of negotiations was a long one.

As a rapid fire overview, they finalised text on climate change (23) and investments (12) (!!!!).

Specifically, the following paragraphs were approved and closed.

  • 12.11bis
  • 12.4 bis
  • 12.13
  • 19.1
  • 23.1
  • 23.3
  • 15.2
  • 12.9
  • 15.4
  • 15.5
  • 15.1 bis
  • 22.1

The interesting section for me, with respect to the work I have done with pastoralists was paragraph 22 on Transboundary  Matters.

Approved Text (again these are what I captured and are not necessarily the final texts):

22.1 States should cooperate in the framework in the appropriate mechanismsaffected parties should cooperate in addressing tenure issues related to land, fisheries and forests which traverse national boundaries (EU). State should ensure that all actions are consistent their existing obligations under national and international law, and with due regard to voluntary commitments under applicable regional and international instrument  In States, where transboundary matters related to tenure rights arise, parties should work together to protect such tenure rights, livelihoods and food security of migrating populations while on their respective territories.

Here the mention of human rights was deleted (not shocking, just sad). The rationale given was that human rights extend beyond the scope of these negotiations but that they must be assured in order to assure “tenure rights, food security and livelihoods” as the language now states.

22.2 States and other parties should contribute to the understanding of transboundary tenure issues affecting communities, such as pastoralist whose rangelands or seasonal migration routes, and small-scale fishers whose fishing grounds lie across national boundaries.

23.4 was deleted and the concept added to 23.4 which has been sent to a friends of the chair. As it stands…. it looks something like this (very messy as you can see):

22.4 Where appropriate, states and [appropriate] [relevant] (Syria) regional bodies [where [available for this purpose) (USA + support from mexico) appropriate]  [, existing or established][for that purpose in some region] (chair)  (AU)[established for that purpose] should harmonize legal standards to harmonize (Argentina) create [joint] coordinated systemsof tenure governance, which are in accordance with existing obligations under national and international law, and with due regard to voluntary commitments under applicable regional and international instruments. States, and appropriate regional bodies established for that purpose] regional bodies [with the participation of the affected parties] (Ecuador) and tenure right holders should develop or strengthen existing international measures to administer tenure rights that cross international boundaries, especially to protect [relevant human rights] (CSO) the tenure rights [, food security and livelihoods] (Canada) of small-scale food producers,[and their human rights OR and  to protect them against arbitrary imprisonment, corporal punishment, inhuman and degrading treatment, and loss of life]. (CSO addition) [States should] provide dispute resolution mechanisms to deal with transboundary tenure claims. States are encouraged to clearly define international boundaries where this has not been done.  (Colombia, Argentina)

I will keep you all posted. Negotiations have started on Part 7: Implementation, monitoring and evaluation.

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