In comparison with Indonesia, Uganda and Nepal, Peruvian law provides a weak mandate for tenure reform implementers to address conflict, and Peru has the lowest number of implementing officials stating that addressing conflict is among their responsibilities. In the villages studied, Peru reports the highest proportion of villagers involved in land or forest conflicts, the highest proportion with actors external to the community and the lowest portion resolved. Despite the legal significance of a land title, collective titling alone does not assure the end of land/forest disputes with outsiders. The state needs to defend the property rights that it has recognized. Peru must improve its legal framework for conflict management in land/forest disputes both in and after formalization processes, drawing on state and customary, community or alternative mechanisms.
This article presents one of the first empirical studies of the demand for collective forest rights by forest-dependent groups locked in longstanding conflicts with government forestry agencies, which is a common feature of forested regions in the Global South. This analysis shows that (1) past engagements with community-based forest protection help foster demand for collective forest management rights despite the longstanding land use conflicts; (2) large areas of forest land affected by land use conflicts undermine the propensity of community groups to demand collective forest rights; (3) after the area affected by land use conflicts is controlled for, a larger number of land rights claimants is associated with a greater probability that a village group will claim collective forest rights; and (4) micro-institutional variables, particularly financial autonomy of village groups engaged in forest protection efforts, are likely to be among the main drivers of the local demand for collective forest management rights. The main finding is that community-based forest management is not merely an agenda that is imposed from the top by donors. Rather, recognizing the agency of rural residents in the process of adjudication of land use conflicts and providing them with autonomous spaces for management of local resources is likely to significantly boost the local demand for environmental stewardship.
As the editors note in their introduction, the attention to rights in forestry differs from 'rights-based approaches' in international development and other natural resource fields in three critical ways. First, redistribution is a central demand of activists in forestry but not in other fields. Many forest rights activists call for not only the redirection of forest benefits but also the redistribution of forest tenure to redress historical inequalities. Second, the rights agenda in forestry emerges from numerous grassroots initiatives, setting forest-related human rights apart from approaches that derive legitimacy from transnational human rights norms and are driven by international and national organizations. Third, forest rights activists attend to individual as well as peoples' collective rights whereas approaches in other fields tend to emphasize one or the other set of rights.
This volume provides new insights and conceptual understandings of the human and gender dimension of vulnerability in relation to the dynamics of tenure reforms in the dryland forests of Asia and Africa. The book analyzes the interaction between biophysical factors such as climate variability (e.g. droughts) with socio-political processes (e.g. new institutions and authority) and gender dimensions at various temporal and spatial scales. The book presents a number of case studies based on empirical research on forest tenure reform and it consequences on forest-dependent people. In particular, it highlights the interaction between legal, policy and institutional reform and the inclusion and/or exclusion of local people from deriving benefits from forest resources in the drylands. The book focuses on the questions how land tenure reform and natural resource governance impacts upon marginal groups (along individual, collective and gender dimensions); how do forest-dependent people prepare for and respond to vulnerability; and what is the effect of forest tenure policy reform on the human rights, gender and citizenship issues in relation to the use and management of forest resources and on conflict in forest zones. These issues are approached from the perspective of marginalized groups (gender and social diversity such as indigenous peoples and herders) in vulnerable dryland forests with a high risk of being exposed to climate variability.
Research since the 1990s highlights the importance of tenure rights for sustainable natural resource management, and for alleviating poverty and enhancing nutrition and food security for the 3.14 billion rural inhabitants of less-developed countries who rely on forests and agriculture for their livelihoods. The specific rights or combination of rights held by an individual, household, or community affects whether they have access to land and resources, as well as how those can be used and for how long. Equally important is the degree to which landholders perceive their tenure to be secure. Landowners are more likely to engage in land and resource conservation if they perceive that the likelihood of losing their land or resource rights is low. Between 2013 and 2021, the CGIAR Research Program on Policies, Institutions, and Markets (PIM) supported researchers to explore the drivers of tenure insecurity and their consequences, as well as mechanisms that can enhance tenure security. Their work focused on rights held by individuals and households, as well as collectively held rights. Studies found that tenure insecurity has a variety of negative consequences for natural resource management, agricultural productivity, and poverty reduction, but the sources of tenure insecurity differ for men and women, and for individual, household, and collective lands. Statutory recognition of customary rights, multistakeholder processes (MSPs) such as for land use planning, and organized social alliances such as Indigenous peoples’ groups have emerged as important mechanisms for securing rights or enhancing access to collectively held lands. Long-term partnerships, ongoing engagement, and training for actors at multiple scales increase the likelihood of successful implementation of tenure reforms. Further research on tenure security can contribute to achieving the Sustainable Development Goals, especially by clarifying how customary tenure can provide security and how tenure affects decision-making in multistakeholder platforms.
Amidst the pressing challenges of global climate change, the last decade has seen a wave of forest carbon projects across the world, designed to conserve and enhance forest carbon stocks in order to reduce carbon emissions from deforestation and offset emissions elsewhere. Exploring a set of new empirical case studies, Carbon Conflicts and Forest Landscapes in Africa examines how these projects are unfolding, their effects, and who is gaining and losing. Situating forest carbon approaches as part of more general moves to address environmental problems by attaching market values to nature and ecosystems, it examines how new projects interact with forest landscapes and their longer histories of intervention. The book asks: what difference does carbon make? What political and ecological dynamics are unleashed by these new commodified, marketized approaches, and how are local forest users experiencing and responding to them? The book’s case studies cover a wide range of African ecologies, project types and national political-economic contexts. By examining these cases in a comparative framework and within an understanding of the national, regional and global institutional arrangements shaping forest carbon commoditisation, the book provides a rich and compelling account of how and why carbon conflicts are emerging, and how they might be avoided in future. This book will be of interest to students of development studies, environmental sciences, geography, economics, development studies and anthropology, as well as practitioners and policy makers.
Collective land tenure in Colombia has been a constitutional right since 1991. It is therefore protected with the highest possible status, as it is defined as a fundamental right of indigenous and Afro-Colombian peoples. This condition has contributed to
In recent years, FAO has carried out extensive assessments of the forest tenure situation in the four regions of Africa, Southeast Asia, Latin America and Central Asia, including its impact on sustainable forest management and poverty reduction. The experiences and lessons learned from these assessments, complemented by numerous studies carried out by other organizations, provide a rich information base on different tenure systems and on the successes and challenges of tenure reform processes.
