Introduction

Summary

In October 2014 the Maastricht Centre for Human Rights together with the Maastricht European Transnational Research Institute (METRO) organized a conference on land rights in Europe, Asia, and Africa together with their Indonesian partners of the Gadjah Mada University, Padjadjaran University, Udayana University, University of North Sumatra, and the University of Indonesia. It was the first time that all partners of the so-called Land Rights Consortium were represented at the same conference and this publication is hopefully the first of many that are the product of our cooperation.

Land is regarded as one of the basic needs of a human being and land plays a key role in respect of the realization of a plethora of human rights including the right to an adequate standard of living, food, water, housing, employment, a clean and healthy environment, social status and decision making powers.

Access to and property rights over land are of great concern to all involved in the Land Rights Consortium. In many parts of the world land is scarce and the price of land is high. Land may be threatened by pollution or it may be taken away from small holders because it is needed for large-scale agro businesses or tourist resorts. In many parts of the world, women face discrimination and disadvantage in respect of property rights over land.

The authors of the chapters have put human beings and their needs and interests as regards land at the centre of their respective research.

Fons Coomans makes the link between land and the right to food. The question he raises is how the realization of access to land and food for farmers and consumers can be approached from a human rights perspective. In order to answer this question he takes a normative perspective, analysing relevant hard and soft human rights law. He discusses issues like right-holders, duty bearers, different types of obligations, non-discrimination, protection of vulnerable groups, participation, transparency and the availability of accountability mechanisms and legal remedies. In addition, he touches upon the notion of extraterritorial human rights obligations in the context of existing challenges of economic globalisation and their effects on food.