Lessons learned from government initiatives to implement community rights

in forestsWorkshop on Securing Community Rights, Forest Protection

and Climate Mitigation at Scale

Anne M Larson5-6 May, Oslo, Norway

Outline

A short history Changing context• Why forest tenure reform?

Examples of reform Challenges Lessons for government

History: From agrarian reform to forest tenure reforms

Land reforms/ agrarian reforms• Many different types, often emerging to quiet unrest (less radical) or after

revolutions (usu. more radical elimination of landlord class)• Goals primarily related to addressing land concentration, improving

agricultural production, livelihoods• 20th century: Mexico, Chile, Peru, Nicaragua, South Korea, China, Ethiopia…

Lessons:• difficulty of implementing without deep government commitment (Gillis et al)

• land reform (redistribution of land) v agrarian reform (credit, extension, training...)

Most of these not about forests, though they may include forests Colonization programs: goal was to turn “unproductive” and

“uninhabited” forests into productive lands

Forest tenure reforms (1)

Characteristics of reform:

Forests should be maintained or restored

Rights are for multiple users and collective or communal

Alienation rights are not granted: land is not commodity

THINKING beyond the canopy

Forest tenure reform (2)

Rights: International indigenous movement: recognition of

customary/ ancestral rights in international law (ILO 169, court cases, UNDRIP)

Forests: Expansion of conservation concerns Failure of the state to maintain forests 30 years of community forestry (Nepal, India…) Scholarship on the commons…

Legal arenas of reform: entry points*

Conservation• Extractive reserves, sustainable development reserves (Br)• Community based protected areas (Ph)• Communal reserves (Peru)

Customary focus (rights recognition)• Indigenous lands, quilombola lands (Br)• Ancestral domain lands (Ph)• Uncontacted peoples territorial reserves (Peru)

Regulatory use and exploitation of land and NR• Community based management (Ph)• Collectively owned forests (Ch)• Community forests (Cameroon)• Community concessions (DRC, Guatemala)

*Ribeiro de Almeida (2015): review of 200 legal instruments in 28 countriesBarry et al. (2010), RRI (2012), Pacheco and Benatti (2015), Xu et al. (2010)

China

Evolution of China’s Forest Cover

Year Population (million)

Percentage Area (Million

Ha)

1840 413 17%

1940 541 11% 109

1970 830 13% 121

1998 1,247 18% 158

2008 1,328 21% 197*

• Fifth largest forest area in the world

• Largest timber importer and processor in the world

• Largest area of afforestation/forest restoration in history

Source: He et al., 2011 in Robins and Harrell, 2014

Source: Shi et al 2011based on sixth forest inventory (1999–2003)

Forest distribution map of China

Forest Tenure: Dual System• State owned forest land • Collectively owned forest land

RRI (2013): China collective ownership with household property rights to forest lands 119.52 Million Ha

Brazil

• Largest tropical forest in the world, second largest forest area (520 million has)

• Largest annual net loss of forest in the world 1990-2010

• Brazil Legal Amazon (60% of total):• 47% in indigenous lands or

protected areas• 70% decline in average

annual deforestation rate from 2005 to 2013

Brazil

Source: RAISG 2012

Forest tenure: public and private

RRI (2013 – millions of has):• State land administered by state 150.13• State land designated for communities 35.61• Owned by IPs and communities

110.81• Owned by individuals and firms

99.89

Sources: FAO 2010, Nepstad et al. 2014, Duchelle et al. 2014, RRI 2013

Deforestation rate

From: Nepstad et al. 2014

Common challenges (1) Resistance, threats, opposition: the norm, getting

support for reform, threaten long term security.

(2) Formalization for whom? In many experiences throughout the world, there is a history of formalization as expropriation.

(3) Tenure security is not guaranteed by certifying, registering or titling; this is just one factor that may increase security.

(4) What happens in practice / implementation depends on the role of state, and social mobilization, both for and against reforms.

Nature of reform

Reform

Implementation

Outcome

Adju

stm

ent

Opposition

contexthistory Actor coalitions

conflictThreats to

tenure security

Appropriation

Lessons for government: getting started

Goal of reform: rights, livelihoods, forest production, conservation?

• Intl law supports indigenous rights, regardless of other concerns• Integrated approaches can meet multiple goals

Leadership, to unite across sectors, strong champion – overcoming opposition, maintaining political will

Know the context for design: potential conflicts, challenges, risks and unintended consequences of reform

• Multistakeholder participation: those affected by the process need to be an integral part of it (intended beneficiaries)

• Research (pilots?)

Lessons for government: implementation

Clear roadmap and guidelines for implementation: strong leadership

• Benefits to those intended• Protection of weakest, those with less voice - eg migrants, lower

caste or class, women

Monitoring progress: regular feedback to process, adjustments

Formal rights/ recognition is just the beginning• Formal recognition does not guarantee tenure security: recognize

and support the other factors (collectives, solidarity); ongoing opposition to reforms

• Recognition alone may not be enough to improve livelihoods or guarantee forest sustainability

Where have reforms progressed(some preliminary ideas)

Is the reform seen fundamentally as aligning with or in contradiction to the dominant development strategy for the country?

Aligning with:- Progressive, left or populist governments- End of authoritarian regimes, return to democracy- Forest restoration, scarcity

Even if in contradiction (in some ways):- Social unrest, justice – strength of social movements- Strategic political alliances- Serious env problems or concerns