Due diligence, tenure and agricultural investment

A guide on the dual responsibilities of private sector lawyers advising on the acquisition of land and natural resources

This guide highlights the potential role of private sector lawyers in helping to prevent the adverse impacts of high risk investments on tenure right holders, in particular when advising on due diligence. The guide examines the implications, for the work of private sector lawyers advising on agricultural investments, of international standards relating to the protection of tenure rights in the context of such due diligence. The relevant international standards include the Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests in the Context of National Food Security (VGGT, FAO, 2012) and the Principles for Responsible Investment in Agriculture and Food Systems both endorsed by the Committee on World Food Security (CFS-RAI, FAO, 2014)3, as well as the international human rights laws which underpin aspects of those instruments and other relevant standards, as indicated. The relationship between tenure rights and human rights is addressed further below, including the extent to which adverse impacts on tenure rights are likely to result in, or be associated with, breaches of human rights.

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