Reforming Forest Tenure

Who has rights to forests and forest resources? In recent years governments in the South have transferred at least 200 million hectares of forests to communities living in and around them . This book assesses the experience of what appears to be a new international trend that has substantially increased the share of the world's forests under community administration. Based on research in over 30 communities in selected countries in Asia (India, Nepal, Philippines, Laos, Indonesia), Africa (Burkina Faso, Cameroon, Ghana) and Latin America (Bolivia, Brazil, Guatemala, Nicaragua), it examines the process and outcomes of granting new rights, assessing a variety of governance issues in implementation, access to forest products and markets and outcomes for people and forests . Forest tenure reforms have been highly varied, ranging from the titling of indigenous territories to the granting of small land areas for forest regeneration or the right to a share in timber revenues. While in many cases these rights have been significant, new statutory rights do not automatically result in rights in practice, and a variety of institutional weaknesses and policy distortions have limited the impacts of change. Through the comparison of selected cases, the chapters explore the nature of forest reform, the extent and meaning of rights transferred or recognized, and the role of authority and citizens' networks in forest governance. They also assess opportunities and obstacles associated with government regulations and markets for forest products and the effects across the cases on livelihoods, forest condition and equity. Published with CIFOR

Forest tenure reforms are occurring in many developing countries around the world. These reforms typically include devolution of forest lands to local people and communities, which has attracted a great deal of attention and interest. While the nature and level of devolution vary by country, all have potentially important implications for resource allocation, local ecosystem services, livelihoods and climate change. This book helps students, researchers and professionals to understand the importance and implications of these reforms for local environmental quality, climate change, and the livelihoods of villagers, who are often poor. It is shown that local forest management can often be more successful than top-down management of common pool forest resources. The relationship of local forest tenure reform to the important climate change initiative REDD+ is also considered. The work includes a number of generic chapters and also detailed case studies from China, Ethiopia, Kenya, Nepal, Tanzania and Uganda. Using specific examples and a wide variety of disciplinary perspectives, including quantitative and qualitative analytical methods, the book provides an authoritative and critical picture of local forest reforms in light of the key challenges humanity faces today.

This short handbook outlines the nature of the problems faced by government agency personnel in the implementation of tenure reforms and is aimed at supporting their understanding of the issues and helping overcome challenges. It provides an introduction to key concepts and problems||discusses the results of a survey presenting the perceptions of government practitioners on the prevalence and importance of these issues||and proposes some mitigation strategies.

Key messages The future of forest tenure security for local forest dependent communities in Lampung province is linked to the effective implementation of social forestry (SF) programs, which granted communities management rights to state forests. If SF schemes are implementated effectively, the tenure rights of forest dependent communities will be assured.Participatory prospective analysis (PPA) by an expert group consisting of governmental and nongovernmental organization representatives, identified six key driving forces that will influence SF implementation in the next 10 years. These include:- the dynamics of SF regulations including regulation of forest product businesses- economic options created by communities to improve livelihoods- community tenure rights to forest resources- budgetary support from regional government- human resources capacities of implementating agents such as the Province Forestry Office, Forest Management Unit (FMU) and NGOs- the clarity of stakeholder roles including community awareness.The different scenarios, which describe plausible conditions of forest tenure reform implementation in Lampung, range from persistence of the status quo, where communities continue to have partial rights to state forests, to variations that include full ownership rights, complete withdrawal of community rights to forests, and the privileging of economic interests over environmental sustainability.The desired scenarios are associated with adequate budget allocations including dedicated budgets for implementation. Lack of coordination is a disadvantage and is characteristic of undesired scenarios. The capacity of implementing agents is also a key factor, especially their capacity to work with communities and to support them. Functional forest-based enterprises to support community livelihoods, which in turn provide strong incentives for sustainable forest management, are important. Taken together, the scenarios suggest that devolving SF implementation to the lowest unit, the FMU, is the best option. However, this should be accompanied by community empowerment, the allocation of adequate budgets and support and cooperation among all involved actors.The expert group developed an action plan for enhancing SF scheme implementation over the next 10 years. Strategies include enhancing budgetary support to the regional government, strengthening the role of the FMU, strengthening community tenure rights and enhancing local livelihoods. Key actions include supporting cross-sectoral coordination, developing PES systems to boost regional government revenues, increasing legal literacy at community level and community/participatory mapping of resources.The action plan will be integrated into Lampung Provincial Government's forestry development program and will guide Lampung's Social Forestry Working Group.Overall, the PPA method reveals that the implementation of SF programs is multi-faceted, capturing the diverse concerns and roles of different stakeholders. It also enhances the capacity of stakeholders to jointly analyse problems, to anticipate the future and to design current actions to mitigate future problems or enhance the likelihood of meeting desired objectives.

This working paper presents the status of forest tenure in contemporary Indonesia; it explores how forest tenure reforms emerge and the options for formal approaches to securing customary rights in Indonesia. It also presents an overview and analysis of Indonesia's legal and institutional framework for tenure reform. Forest tenure reforms in Indonesia have evolved through dynamic, interactive, collaborative processes that have involved both State and non-State institutions. Both the processes and the products (such as policies and programs) of forest tenure reforms in Indonesia, such as the 1999 reforms that resulted in social forestry schemes, have not been effectively implemented in Indonesia due to the: onerous process of obtaining a permit; lack of direction and motivation of staff within implementing agencies in supporting social forestry; limited capacity and resources among both communities and implementing agencies to comply with the technical requirements to process the permit; and macro-level economic prioritization of extractive activities that concentrate benefits in the corporate sector. Moreover, women and marginal members of indigenous peoples and local communities have been largely left out. However, recent developments such as Constitutional Court Ruling No. 35/2012 defined land and forests within customary territories as private entities, and not State land and forests. Furthermore, recent government initiatives for recognizing existing agroforestry practices within kawasan hutan by granting land title or bringing them under social forestry schemes are important developments that can help to resolve conflicts. Finally, the government's ambitious target of bringing 12.7 million ha of State forest area under community management, deregulation of some of the steps for obtaining a social forestry permit and the involvement of non-State actors in tenure reform processes have the potential to further strengthen local people's rights and security over land and forests, if properly supported and implemented.

Report

Key messages A recent study, focusing on national and district-level government officials involved in forest tenure reform implementation processes in Uganda, has highlighted key challenges and opportunities for future improvements. Analysis of responses shows that:As reforms responded to a need for sustainable forest management and livelihood improvements, activities leant towards forest protection, rather than strengthening and securing community forest tenure rights.Progress in tenure reform implementation has been below implementers’ expectations, largely due to inadequate funding, onerous processes of registration, declaration and management of Private Natural Forests and Community Forests, or in the case of Collaborative Forest Management, negotiation of rights with Responsible Bodies.The main economic, social and political challenges faced by government officials implementing reforms were budgetary limitations, poverty levels in forest-adjacent communities, migration and socio-cultural norms. Research respondents noted also that often, politicians impeded rather than supported reform implementation processes. Some of them derived political capital out of exerting pressure on technical staff to engage in, as well as protect, illegal activities.The study revealed a number of technical problems that constrained the implementation of forest tenure reforms. These included the tedious processes involved in getting the rights formalized, community inability to protect and safeguard forest tenure rights, and inadequate benefits accruing to communities involved in forest management activities.There was no agreement among the respondents as to who is responsible for safeguarding community forest tenure rights. Development partners and civil society organizations (CSOs) also undertook activities to support the securing of local tenure rights, such as capacity building, resource mobilization, awareness raising and conflict resolution. However, such support was often shortlived and localized. Although government and CSOs are both involved in reform implementation, there is limited formal coordination between them.