Tenure Security for Better Forestry Challenges and Opportunities

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1 1 of 19 Tenure Security for Better Forestry Challenges and Opportunities About the FAO Policy Learning Programme This programme aims at equipping high level officials from developing countries with cutting-edge knowledge and strengthening their capacity to base their decisions on sound consideration and analysis of policies and strategies both at home and in the context of strategic international developments. Related resources See all material prepared for the FAO Policy Learning Programme See the FAO Policy Learning Website:

2 2 of 19 Tenure Security for Better Forestry Challenges and Opportunities By Francesca Romano, Forest Tenure Specialist, Land Tenure and Management Unit, Land and Water Division for the FOOD AND AGRICULTURE ORGANIZATION OF THE UNITED NATIONS About EASYPol The EASYPol home page is available at: This presentation belongs to a set of modules which are part of the EASYPol Resource package: FAO Policy Learning Programme : Specific policy issues: Natural resource management: Land and forestry EASYPol is a multilingual repository of freely downloadable resources for policy making in agriculture, rural development and food security. The resources are the results of research and field work by policy experts at FAO. The site is maintained by FAO s Policy Assistance Support Service, Policy and Programme Development Support Division, FAO.

3 3 of 19 Introduction...Not being able to fully exercise one's rights can be likened to owning a vehicle without having a key... click for notes

4 4 of 19 Objectives Clarify why forest tenure is relevant for poor people (and not only) Challenges to tenure security Issues to be addressed

5 5 of 19 Forest tenure Forest tenure determines who can use what resources, for how long and under what conditions. Forest tenure is a broad concept that includes ownership, tenancy and other arrangements for the use of forests. Forest tenure is the combination of legally or customarily defined forest ownership rights and arrangements for the management and use of forest resources....one of the many working definitions (FAO, 2007)

6 6 of 19 Some facts Most of the world s forest remain public and managed by central governments Yet several countries are in the process of tenure reform, i.e. Common property (Tanzania, Gambia) Leasehold forestry (Nepal) Community forestry (Nepal, Mongolia, Kyrgyzstan, Philippines, DRC) Indigenous ownership and long term use rights (Mexico) Concession to local communities and Indigenous people (Bolivia) Private smallholders (China, Vietnam) Partnership/negotiation private sector/local communities (Mozambique)

7 7 of 19 Why consider forest tenure as being important Evolution from concept of Joint Forest Management and Community Forestry: from simple forest management to people and rights centered approach Security of tenure Need to access resources and benefit from them: ensuring rights to food and improved livelihoods Need to involve in decision making and policy dialogue: have a formal recognition (power does not come only from a title) Contribute to sustainable forest management

8 8 of 19 Forest tenure and right to food Two main links between tenure of forest resources and Right to Food obligations denied or limited access to wood and non wood resources (e.g. forest concessions, PAs)= respect and protect limited impact of forest tenure reforms on livelihood = Fulfill

9 9 of 19 Empowerment does not come from titling alone, and titling does not ensure the capacity to benefit from forest resources, but requires a lot of additional support. Very often tenure reforms, such as privatization, titling and restitution or redistribution of land, are not adequately implemented and remain unclear and unknown to most of the potential beneficiaries because of a weak supporting environment. Inevitably, this creates insecurity, mistrust and conflict, increases the fragility of tenure and reduces the interest in proper forest management.

10 10 of 19 Challenges to be addressed (2) Diversification is still very limited. tenure is power: difficult to change. Very strong technical approach: forest centered Limited data availability and resources for reform implementation. Lack of capacities and limited information flow Benefits and the incentives for local users and managers are either limited or uncertain Lack of a tenure strategy, including the design of a process click for notes

11 11 of 19 Challenges to be addressed (2) Policies harmonization (case study from Nicaragua) Policy development (how) Policy implementation (complex procedures) click for notes

12 12 of 19 Some of our future efforts Guidelines for tenure diversification Voluntary guidelines on governance of tenure of land and other natural resources and other Country projects in support to tenure reforms and data collection (e.g. Nepal, Argentina, China)

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15 15 of 19 Latin America Public Central Asia South and Southeast Asia Africa Private Community/Group ow ned Ow ned by indigenous or tribal people Other types of ow nership 0% 20% 40% 60% 80% 100% click for notes

16 16 of 19 Strictly limited Latin America Central Asia User rights/ Customary rights/permits to hunt, gather dead w ood and NWFP Communities South and Southeast Asia Privates Africa Other 0% 20% 40% 60% 80% 100% Management of public forests Concession to privates play a much bigger role than management by communities

17 17 of 19 Further readings FAO, Understanding forest tenure in South and Southeast Asia. Forestry Policy and Institutions Working Paper No. 14. FAO, Rome. FAO, Tenure security for better forestry: Understanding forest tenure in South and Southeast Asia. FAO, Bangkok. FAO, 2008a. Understanding forest tenure in Africa: opportunities and challenges for forest tenure diversification. Forest Policy and Institutions Working Paper N. 19. Rome, FAO. FAO, 2008b. Tenure security for better forestry. Understanding forest tenure in Africa. FAO, Rome. FAO, 2009a: Have decollectivization and privatization contributed to sustainable forestry management and poverty alleviation in China? Forest Policy and Institutions Working Paper N. 23. FAO, Rome. RRI, ITTO, 2009: Tropical Forest Tenure Assessment, Trends, Challenges and Opportunities. RRI, Washington. Sunderlin, J. Hatcher, J., Liddle, M From Exclusion to Ownership? Challenges and Opportunities in Advancing Forest Tenure Reform. RRI, Washington.

18 18 of 19 Links to related sites FAO Forest Tenure: FAO Land Tenure: Rights and Resources Initiative: Forest peoples programme: International Institute for Environment and Development:

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20 20 of 19 End notes [Slide 3]: We often talk about rights, fights to food, rights to land, to forests, to water, but what I would like you to focus during this session is the capacity of exercising a right. a rights can derive from a title, from an agreements, from costumes, however poor people and minority groups (e.g. woman, indigenous, others) are not able to exercise these rights. Return to slide 3 [Slide 10]: Benefits: Much potential of newly implemented tenure systems remain untapped because the benefit and the incentives for local users and managers are either limited or uncertain. In some circumstances rights can be withdraw by governments at any time; the quality of the resources allocated in scarce and requires a lot of investments in order to become profitable; the mechanisms for benefit sharing are unclear or unfair. Capacities: It is by far the most frequent limitation to any forest reform, common to almost all the countries analysed. It limits clearly the potential of any reform, which at the end remain uncompleted or, in the extreme case can have perverse effects. Communities lack capital, skills and knowledge about the legal and technical norms for forestry, and existing forestry models and methods may not satisfy their needs, objectives and accumulated knowledge. This makes communities vulnerable to exploitation by third parties or elite groups within the community. Strategy: where do we want to go? which needs are we satisfying? what is our objective? how do we get there? Return to slide 10 [Slide 11]: Many of the most recent forest policies and legislations do include elements of forest tenure, for example promoting stakeholders involvements, diversification, and devolution of management responsibilities. In some cases, countries are in a process of massive tenure reforms, have officially recognized indigenous lands as formal tenure, or are slowly supporting the creation of alternative systems to the public one. A supportive policy become key for success as more as it is integrated with other sectorial policies (e.g. agriculture) and does not contradict the legislative framework, where possible recognizes customary tenure systems and is supportive of the less advantaged, giving them power and force to negotiate. A supportive and enabling policy and legal framework recognizes in a diversified tenure system a potential for development. Return to slide 11

21 21 of 19 End notes [Slide 15]: However what can already be said is that in Latin America the forest tenure systems are significantly more diverse than in other regions presented. For example in Costa Rica, Guatemala and Bolivia public ownership is bit over 40% and private and community or indigenous covers the rest. In Honduras public bit over 60% and private and communal/indigenous cover the rest. Usually private ownership being dominant for the remainder. To be noticed the surface on contested/unknown ownership Return to slide 15