Forest tenure reforms: lessons from an evolving process


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Following the international conference on tenure and forest governance held in Lombok during July 2011, discussions in Indonesia are moving forward with a series of workshops to design a roadmap for forest land tenure reform in Indonesia. At the most recent workshop, held in Yogyakarta on 8–9 March 2012, CIFOR scientists Pablo Pacheco and Moira Moeliono contributed to the discussions with this presentation on lessons learned from CIFOR’s research. The presentation discusses what lessons can be learned from tenure reform in Latin America in order to move forward with tenure reform in Indonesia.

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Forest tenure reforms: lessons from an evolving process

  1. 1. FOREST TENURE REFORMS:Lessons from an evolving process Pablo Pacheco and Moira Moeliono March 2012 — Yogyakarta, Indonesia THINKING beyond the canopy
  2. 2. Outline Context of the reforms Outcomes from the reforms Main lessons learned The Indonesian process Ways to move forward THINKING beyond the canopy
  3. 3. 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 THINKING beyond the canopy
  4. 4. 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) THINKING beyond the canopy
  5. 5. 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 THINKING beyond the canopy
  6. 6. 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) THINKING beyond the canopy
  7. 7. 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. Source: Carvalheiro, K. et al. 2008. Trilhas da regularizacao strengths of local institutions, fundiaria. CIFOR, CIM, FASE. Belem, Brazil. how resources are managed) THINKING beyond the canopy
  8. 8. 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) THINKING beyond the canopy
  9. 9. 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 THINKING beyond the canopy
  10. 10. 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) THINKING beyond the canopy
  11. 11. 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 THINKING beyond the canopy
  12. 12. 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 THINKING beyond the canopy
  13. 13. 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 THINKING beyond the canopy
  14. 14. 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? THINKING beyond the canopy
  15. 15. CIFOR research on forest tenure reforms THINKING beyond the canopy