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Delivering Change in a Shifting Landscape: Delivering Change in a Shifting Landscape:

Delivering Change in a Shifting Landscape: - PowerPoint Presentation

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Delivering Change in a Shifting Landscape: - PPT Presentation

Future challenges and opportunities for the VCSE and its partners   Community Rights Seminar DTNI amp BCT 15th June 2017 The BCT VCSE Futures Programme 2016 2018 Substantial engagement with the sector funders and policy makers to identify issues and actions ID: 612681

community rights org land rights community land org communitylandscotland www sector social act human vcse policy justice public private

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Slide1

Delivering Change in a Shifting Landscape:Future challenges and opportunities for the VCSE and its partners  

Community Rights SeminarDTNI & BCT15th June 2017Slide2

The BCT VCSE Futures Programme 2016 -2018Substantial engagement with the sector, funders and policy makers to identify issues and actionsCommission and publication of thought provoking opinion pieces on relevant and topical issues5 small projects through each of the original Trust partners supported Slide3

Why do this work?Timely – big changes in NI – governance failure, Brexit, cutsFits within context of other initiatives – NPC State of the Sector – Inquiry into future of civil society in England Desire of Building Change Trust to leave a legacy beyond the 5 themesTrust started with consultation to shape its themes/strategy - what has changed in the last 8 yearsOpportunity to use Trust’s networks and knowledge to help shape future interventions for sector – Trust has no selfish agenda beyond 2018Slide4

Overall Framing of the Futures Project Consultation eventsTo create the enabling environment that delivers the best outcomes for the people and places the VCSE sector works with: From a Community Rights Perspective:What specific actions can: the sector take? policy makers take? funders take? Slide5

12 Events - 350 + attendingEMERGENT THEMESNeed a shared understanding of how the VCSE sector is defined - what is the the sector?; why does it matter?; how do we promote it?How can the VCSE Sector achieve the best outcomes? - though co-design & co-production; through advocacy and challenge?Collaboration– inter-sectoral; intra-sectoral.Independence and Interdependence of the CVSE sector and other players – potential tensions between theseSlide6

Peter Peacock

Policy Director

A Journey in Developing Community Rights Slide7

7

yrs

old

member organisation

represents and networks community land owners

80+ members, and growing

own 550,000 acres of land

www.communitylandscotland.org.ukSlide8

Our context:

Among most concentrated private land ownership patterns in world

0.002% of population owns 60% of private land

private land 85% of Scotland

Concentrates:

Power

Wealth

Influence

Acts against greater social justice and equality

www.communitylandscotland.org.ukSlide9

Motivated by combatting community decline:

Population

Employment

Local economy

Culture

About building better, more sustainable, places

Multi-functional businesses

www.communitylandscotland.org.ukSlide10

providing land for housing

building houses

creating work-spaces

managing and planting commercial forests

running shops, bunk-houses, hotels

investing in infrastructure

energy

harbours & jetties

broadband

managing high value landscapes and tourism facilities

www.communitylandscotland.org.ukSlide11

Where and when start?

1980s Assynt crofters bought estate

struggle

significant public cause

inspired some others

no rights

www.communitylandscotland.org.ukSlide12

1997 - Devolution

1999 - Scottish Parliament opens

Land and property policy devolved

Labour Government commitment to `land reform’ (Assynt link)

2003 Land Reform Act

- the start of a community rights based approach

www.communitylandscotland.org.ukSlide13

2003 Act:

right to roam anywhere in Scotland

community right to buy land

crofting communities

rural <10,000

register an interest in land (includes properties)

first right of refusal when on market

www.communitylandscotland.org.ukSlide14

Crofting communities:

right to buy –

even if owner unwilling to sell

requires consent of Ministers

must further sustainable development

in the public interest

www.communitylandscotland.org.ukSlide15

But law complex to operate and deficient

limited to smaller rural areas (outside crofting areas)

limited to when land comes on the market

Campaign for further change in law to strengthen rights

Private owners very unhappy with debate

claim their human rights breached under ECHR

www.communitylandscotland.org.ukSlide16

Pressure in Parliament for review of Land Reform Act

Scottish Government set up Land Reform Review Group (2011)

“Land is a finite and crucial resource that requires to be owned and used in the public interest and for the common good.”

Policy debate changes from private property rights to public interest and common good considerations

www.communitylandscotland.org.ukSlide17

Meanwhile, more communities buying assets

the new laws and debate changing the operating environment

important court case won

purchases happening - “in the shadow of the law”

www.communitylandscotland.org.ukSlide18

Government like what they see

more local confidence

community innovation and enterprise

housing and jobs being created

more sustainable communities emerging

“Want more of this…”

Drive to the Community Empowerment Act 2015

www.communitylandscotland.org.ukSlide19

Community Empowerment Act

Reformed Land Reform Act 2003

community rights extended

any

community can register interest in land (urban and rural)

Any community can buy –

even if owner not want to sell:

abandoned

neglected

detrimental land

www.communitylandscotland.org.ukSlide20

Real progress

But not enough!

Campaigned to widen `compulsory’ right to buy

2016 Land Reform Act added:

Community purchase right for “sustainable development”

www.communitylandscotland.org.ukSlide21

Community Empowerment Act

cont

Community right to request transfer of public asset into community ownership or lease

local authorities

health authorities

forestry commission

any public body defined in Act

Must grant unless clear and sound reasons to refuse

Right of appeal to Ministers

www.communitylandscotland.org.ukSlide22

Community Empowerment Act

cont

Community right to make “participation request”

Community engaged to redesign delivery of a public service

Must be taken seriously – complex procedures, but right exists

www.communitylandscotland.org.ukSlide23

Human Rights considerations

Debate moved onto “public interest and common good” arguments following Land Reform Review Group

Land policy became a debate about fairness, social justice and equality

Not just property owners who have rights – the people have rights too!

www.communitylandscotland.org.ukSlide24

Led us into Human Rights considerations

Basic human rights to:

housing

employment

food

decent health

well-being

etc

www.communitylandscotland.org.ukSlide25

Various international conventions speak to land issues

CLS amendments to 2015 and 2016 Act to tie Ministers into considering peoples human rights, when considering land policy

Now Ministers obliged to consider:

ECHR

ICESCR

Other human rights instruments

VGGTS (responsible tenure)

Guiding Principles on Business and Human Rights

www.communitylandscotland.org.ukSlide26

Taken us into land

responsibilities

as well as rights

Ministers must produce a “Land Rights and Responsibilities Statement” to Parliament

Must consider in drafting this:

human rights

economic and social disadvantage

equalities

www.communitylandscotland.org.ukSlide27

New debate about what are private owners responsibilities to communities

What happens if owners fail to meet responsibilities –new reason to trigger community rights to buy?

We arguing responsibilities should be defined in terms of specific human rights and wider social responsibility

www.communitylandscotland.org.ukSlide28

Conclusion:

Significant shift in land and property policy thinking

Shift to explicit community rights being established

Communities empowered to engage with land and property issues as never before

Much greater awareness of community rights to land

www.communitylandscotland.org.ukSlide29

Conclusion

cont

180 pipeline applications to Scottish Land Fund currently

Fulfilling Human Rights now explicit within policy and law

Recognise Human Rights exist apart from domestic law

Our journey far from over – big agenda of further change being pushed!!

www.communitylandscotland.org.ukSlide30

Thanks for listening!

www.communitylandscotland.org.ukSlide31

1. Social & Economic Rights Northern IrelandPaddy LogueDTNI SeminarJune 15th 2017Slide32

2. The VCSE Sector NIShift in “equitable partnership” between Government and sector threatens independence forcing sector to dance to funders’ tuneTwo tier sector emerging, the rich get richer…Suspicions around funding of pet projects in devolved administration Sector bogged down in dealing with the legacy of the conflictBulk of the work is the provision of services (many privatised) to the needy Focus on needs of clients, not on the rights of equalsActivism and radicalism, protest and agitation, now rareSustainability a constant worry, morale at all time lowSlide33

3. From needs to rights, from rights to equalityThis movement requires a dramatic change in the culture of VCSE sector:It is community division, not social justice, that is setting the agenda of community development: the task is to reverse thatTo move from service provision to a rights-based approach requires a re-think of the relationships in community development (co-production)Needs analysis should reference social and economic rights (work; social security; family life; adequate food, clothing and housing; health; education; participation in cultural life) Challenging injustice (i.e. seeking justice) by negotiation, legal action and evidence-based collective actionSlide34

4. Human Rights & Social JusticeFocus on rights of individualHuman rights approaches in court can challenge decisionsStrongest rights are civic and political rights, weakest are economic, social and cultural Challenges State powerMaking State bodies act in accordance with obligationsOrientated towards court challengesFocus on community and collective actionEmphasis on process of building participation and challenging injusticeConcerned mainly with social and economic inequalities Challenges State, private sector and individualsChallenges exclusion of Section 75 groups Social justice creates framework for understanding power relationships and building solidaritySlide35

5. The Co-production ImperativeCo-production is based on four core values:Assets i.e. the real wealth of society is its peopleRedefining work i.e. work includes whatever it takes to rear healthy children, safe communities, caring for the frail, redressing injustice, making democracy workReciprocity i.e. replace top-down one way service with two way relationships: “you need me” becomes “we need each other”Social capital i.e. social infrastructure requires ongoing investment in social capital generated by trust, reciprocity and community engagementN.B. The essential element is the rights-based social justice perspectiveSlide36

6. Specific Actions for VCSE SectorBuild capacity in the sector on the social justice approach to community development Challenge funders/policy makers on the responsibilities that “equitable partnership” and real engagement with the community implyChallenge the VCSE sector on the relationship inequalities implied in providing services to the needy, isolated and vulnerableChallenge the VCSE sector to analyse power, to build solidarity around rights and to take effective and appropriate action Build capacity in the sector to mount a campaign for an equitable legal framework to empower sustainable development and regeneration Slide37

7. ReadingPower Analysis Tool Kit, CFNI, 2014Independence of VCSE Sector in NI, Building Change Trust. 2016Social Justice Approach to Community Development, CFNI, 2012Saving Money by Doing the Right Thing, Professor John Seddon, Locality Report, 2014State of the Sector, NICVA, 2017No more throw away people: the co-production imperative, Edgar Cahn, 2004Pedagogy of the Oppressed, Paulo Freire, 1970