THINKING beyond the canopy

FOREST TENURE REFORMS:Lessons from an evolving process

Pablo Pacheco and Moira Moeliono

March 2012 — Yogyakarta, Indonesia

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Context of the reforms

Outcomes from the reforms

Main lessons learned

The Indonesian process

Ways to move forward

Outline

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Context of the reforms

Tenure reforms are an increasingly expanding process; long experience of tenure reforms in Latin America with mixed outcomes; provides important lessons

Motivations driving these reforms have been diverse, and how reforms have been implemented (e.g. bottom-up and top-down approaches)

Tenure reforms gradually comprised forest landscapes (notably in the Amazon region) where recognition of tenure rights has been adapted to diverse local conditions and needs

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Outcomes from the tenure reforms

Tenure reforms bring opportunities for local people to improve their living conditions and help the forests

Yet there are associated risks since reforms tend to reflect the balance of powers in the economy and society

Tenure reforms are affected by regulations in other sectors, institutional constraints and market conditions (e.g. agro-extractive reserves in the Brazilian Amazon)

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Main lessons learned

Need to harmonize rights with responsibilities Different tenure arrangements are necessary Implementation is fundamental, with flexibility Tenure is not only about recognizing rights State, at different levels, should be a facilitator

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Rights with responsibilities Desirable to grant as many rights as possible (i.e.

access, withdrawal, management, exclusion) — but along with clear responsibilities / some conditional

In most cases in Latin America, the states retain some management and the alienation rights

It is important to uncouple land use from land status — considering that forests are important for rational land use then it should not matter who owns them

Customary rights need to be recognized – the issue is how to make the notion of customary rights operational, and who is entitled to these rights (lessons to learn from Brazil, Colombia, Bolivia)

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Adopt diverse arrangements

Rights can be granted through diverse types of arrangements of rights and responsibilities

Diverse tenure arrangements are possible, such as in Brazil, Bolivia, Mexico, Nicaragua: indigenous territories, extractive reserves, forest settlements, community concessions, etc.

These arrangements are adapted to local conditions (e.g. strengths of local institutions, how resources are managed)

Source: Carvalheiro, K. et al. 2008. Trilhas da regularizacao fundiaria. CIFOR, CIM, FASE. Belem, Brazil.

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Implementation is key

Different actors, with diverse powers, compete; thus, the reform process may reinforce asymmetries and exclude the most disadvantaged groups (e.g. women)

Anticipating conflict among smallholders, communities, and third-party actors is necessary, so put in place mechanisms for conflict resolution

The process has to consider, among others: enough time and resources for local people’s involvement in the analysis and negotiation of tenure options, and sufficient participation in the adoption of agreements

Mechanisms must be in place for learning, adapting and reorienting the process (e.g. some multi-stakeholder negotiation platforms in Bolivia)

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Tenure is not enough

Tenure reform is not only about distributing land to poor farmers but also about putting in place incentives and support for enhancing people’s livelihoods

Local people and communities need to have the means to realize their rights (e.g. infrastructure, economic incentives, information, technical support, others), in order to expand their possible options

Existing incentive systems need to be realigned in order to attend the needs and demands from the people benefiting from enhanced tenure rights – this is one of the most difficult steps in the reform

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Supportive role of the State

The State (central and provincial governments) needs to play a more active role as facilitator in the process of reform, but also in effectively enforcing and protecting the rights granted to the local people (e.g. Brazil)

It is important to create options for local institutions to adapt to the changes in the regulations; and to anticipate the need for resources in providing this support

Coordination among different levels of government is fundamental, with relatively clear assignation of functions; civil society has an important role to play for an effective reform (a key actor in Latin America)

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What does it mean for Indonesia? Reform needs to be process-

rather than target-based Flexible tenure: different forms of

rights and ownership according to tradition and needs with specific conditions for each type (contracts and certificates)

The role of the State: the right to designate forests (as a land use); regulate and control but not implement; guarantee security of rights; and provide support and services to manage forests

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What does it mean for Indonesia?

Land use defined by spatial planning regulated by the State, but with active involvement of stakeholders

All rights have responsibilities — using land according to designated land use, registering, paying taxes

Other sectoral regulations have to be harmonized in accordance with the goals of the forest tenure reform

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Ways to move forward

Define goals and outcomes, consider unintended consequences and anticipate problems

Undertake an inventory of existing rights and uses Establish collaborative/participatory approaches and

define roles and responsibilities at all levels (i.e. community with other agencies at national level)

Implement extension and information campaigns Design government system for registration (at what

level, service points, communication protocols, safeguards, fees, inspection and control)

Design and establish conflict resolution mechanisms

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Final considerations

Reform is a process, not a quick fix of ongoing problems, thus requires long-term commitment and a supporting budget

Reform only works if all parties are actively involved, thus ensure mechanisms for full participation

Reform is an investment not a cost (cost-benefit) where both costs and benefits are not always to be valued in monetary terms

Other issues still to clarify are: how far to decentralize? Who will monitor, inspect and control? How to enhance coordination between different levels of government?

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CIFOR research on forest tenure reforms

http://www.cifor.org/online-library/browse.html