Formalization Of The Collective Rights Of Native Communities In Peru

Regional governments have a central role in the formalization process as they are in the most direct contact with native communities. Nonetheless, incomplete decentralization has led to inadequate budget and trained personnel. The Ministry of Economy and Finance should incorporate allocations for community titling procedures in the national budget. There are incongruities between the expectations of native communities and the scope of the regulations that formalize collective rights – especially those related to rights to resources, the implications of usufruct contracts and the differences in rights granted over lands classified as forest versus agriculture. The results show that investing in coordination and collaboration mechanisms has the potential to increase the effectiveness of implementation. This requires assigning budgets and promoting measures supporting information exchange and formal agreements to implement joint actions.

Key messages The mobilization of indigenous and civil society organizations has been key to getting the recognition of collective rights on the political agenda, reducing gaps in the formalization of native communities and promoting i

In Peru, since 1974, more than 1,200 communities have been titled in the Amazon for over 12 million hectares, representing about 20% of the country's national forest area. This working paper analyzes policy and regulatory changes that have influenced how indigenous peoples access, use and manage forest and land resources in the Peruvian Amazon during the last fifty years. It reviews the main motivations behind changes, the institutional structures defined by law and the outcomes of these changes in practice. The paper discusses political priorities related to land and forest tenure, social actors involved in reform debates and the mechanisms used for recognizing indigenous rights claims. The paper argues that there has not been a single reform process in Peru; instead multiple reforms have shaped forest tenure rights, contributing to both progress and setbacks for indigenous people and communities. This working paper is part of a global comparative research initiative that is analyzing reform processes that recognize collective tenure rights to forests and land in six countries in highly forested regions.

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.

The impact of the formalization of collective rights to land and forest in Peru is linked to a clear perception of tenure security: 80% of those surveyed consider their rights are stronger since titling, although this percentage is higher in men (85%) than women (75%). 83% of the members of communities analysed in Madre de Dios consider that livelihoods have become more constrained since titling took place. Despite progress, only 35% of those surveyed in Madre de Dios and Loreto say they participate in forest management. Titled communities are more actively involved (39%) than untitled ones (13%), and men more so than women. 51% of those surveyed in the communities analyzed in Madre de Dios feel that the formal rules and legislation on the use of resources are well known, clear and fair. The percentage drops significantly amongst women.

The Peruvian government is formalizing the territorial rights of Amazonian indigenous peoples through the titling of native community lands. Due to the complexity of this process, which involves multiple actors at different levels, it is especially important to deepen our understanding of how it is occurring in communities and how the people receiving titles perceive its impacts.

This paper has been produced as a follow-up to the FAO guidelines "Advancing Agroforestry on the Policy Agenda - a guide for decision makers". The purpose of this document is to provide a review of the main tenure-related challenges that can affect agroforestry adoption to inform policies and project implementation. Drawing on practical cases, the document also presents measures and approaches which could potentially fuel the adoption of agroforestry, concluding with a number of specific recommendations for formulation and implementation of tenure policies promoting agroforestry.