RSB principle on Land Rights
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Bioenergy > Sustainability standards > Initiatives > Roundtable on Sustainable Biofuels > RSB Principles and Criteria (Version 0) > RSB principle on Land Rights
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(To comment on this principle, and its associated criteria and guidance, please use the Discussion Page.)
PRINCIPLE
12. Biofuel production shall not violate land rights.
CRITERIA
- 12.a Under the ESIA described under criterion 2a, land use rights for the land earmarked for the biofuel project shall be clearly defined and established, and not be legitimately contested by local communities with demonstrable rights, whether formal or customary.
Key guidance: The term ‘land use’ means any land use, whether it be for commercial, industrial, agricultural, customary, leisure use, right of way, or any land rights. Methods for establishing ownership and land use should include advertising, communication with local leaders, and locally-established methods of data collection. Lack of a legal deed shall not hinder the inclusion of local communities in biofuel projects.
- 12.b Local people shall be fairly and equitably compensated for any agreed land acquisitions and relinquishments of rights. Free prior and informed consent and negotiated agreements shall always be applied in such cases.
Key guidance: Coercion by investors or authorities to change or adapt land use is not allowed. Compensation should be at the value of the land for the community or household, based on existing land uses and livelihood needs.
- 12.c Appropriate mechanisms shall be developed as part of the ESIA to resolve disputes over tenure claims and use rights.
