Presenter, Organization: Iliana Monterroso and Anne Larson Date of presentation: March 27th, 2019

1. Formalization of collective rights of
native communities in Peru
:
The perspective of the officials implementing it
Iliana Monterroso and Anne M. Larson
20th World Bank Conference on Land and Poverty
Washington D.C., March 25-29, 2019

2. GLOBAL COMPARATIVE STUDY ON FOREST
TENURE REFORMS
TENURE REFORMS MODIFYING COLLECTIVE TENURE RIGHTS TO LAND AND FORESTS

3. LEGAL REFORM
• Historical Analysis: Social actors
(Supporting / Opposing)
• Legal Analysis: Regulatory Framework
REFORM IMPLEMENTATION
•Analysis of government institutions
in charge of reform implementation
(Surveys and Interviews)
•Institutional framework
•Procedures and requirements (Legal
Steps)
OUTCOMES
• # of titles, # hectáres formalized,
permits, authoritzations, contracts
completed and registered
• Scenarios of tenure security at the
regional level
IMPACT
• Analysis at the village/Household
level
•Land/Forest tenure conditions
•Tenure security
•External threats
•Forest conditions
REFORM
PROCESS
GLOBAL COMPARATIVE STUDY ON TENURE REFORM (2):
CONCEPTUAL FRAMEWORK

4. FORMALIZATION OF INDIGENOUS PEOPLES RIGHTS IN
PERU: TITLING OF NATIVE COMMUNITIES
• First Regulation on Native Communities
Titling (1974)
• First Regulation of Forest and Wildlife
(Forest declared of Public Interest)
• First Reform to the Native
Communities titling (1978)
• Decentralization process (Transference
of the responsibility to title native
communities to Subnational
Governments) – 2000
• Third Reform to the Forest and
Wildlife Law (2015)

5. Perspectives of agents of implementation: What are the constraints/obstacles?
Challenges to implement existing procedures?
1. Mapping of the procedures and steps towards implementation of existing reforms? Laws,
technical and legal documents, operational manuals
2. Government institutions with mandate/responsibility to implement existing proceduresn
3. Data collected:
4. Review of 25 titling files
5. Validation interviews (8 in San Martín, 2 in Loreto y 4 in Lima)
6. Characteristics of the people interviewed/surveyed
Surveys (N=32) Interviews (N=23)
Government Officers NGOs, Indigenous, Internal Cooperation
Orgs.
Lima (13)
Madre de Dios (7)
Loreto (12)
Lima (8)
Loreto (6)
Madre de Dios (9)
Men (72%)
Women (28%)
Men (66%)
Women (34%)
Working at the subnational level (64%)
Working at the national level (36%)
Working at the subnational level (66%)
Working at the national level (34%)
• Expertise (average 10 years)
• Education 29 of 32 with university education

6. 1. Indigenous communities are the most important target beneficiaries (76%), 14% report
women and 10% youth or elder as target beneficiaries.
2. Out of 32 government officers surveyed at the national and subnational level mention
46% mention the recognition of rights as the most important thematic area of work
1. Perspectives of agents of implementation: Target
groups, issues and type of measures promoted
Table 1. Tenure-linked problems faced
by native communities
Classificatio
n
Principal obstacles Score
1 Many boundary
conflicts between
communities
1.63
2 Illegal lumber
extraction
1.25
3 Overlapping
extraction righrts
0.97
4 Inefficient
resource
management
0.84
Classification done in the Borda ranking system
Other
Coordinate with other sectors to
minimize threats
Work with customary/traditional leaders in
management of forest /land tenure
Educate/informe other communities about
formal channesl to present their claims
Educate/inform communities
about their rights
Conflict resolution
Clarify boundaries through demarcation and
mapping
Percentage
Figure 1. Measures implemented by government officials to
guarantee rights of native communities

7. 2. Activities and constraints: perpectives on existing
goals and effectiveness
1. At the national level: The goal is to secure tenure
rigths (titling) for communities and forests.
2. At the subnational level: The goal is to promote
Access to land and forests for communities, to
improve forest and management use
Perspectives on the effectiveness of implementation :
1. Effective (46%)
2. More or less effective (38%) to guarangee rights of
communities
Level of implementation
1. Reforms have been implemented partially (75%)
EFFECTIVENESS OF IMPLEMENTATION
OVERALL ASSESSMENT OF GOALS OF
IMPLEMENTATION
Table 2. Main constraints to
implementation of reforms in Peru
Classificati
on
Principal
Limitations
Score
1 Inadequate
budgets
2.21
2 Inefficient
planning/
communication
0.72
3 Political
interference
0.62
4 Onerous
processes that
take yesrs
0.59

8. Stage Number of steps
(Law)
Number of
government
agencies involved
(Law)
Number of steps
(Practice)
Number of
government
agencies involved
(Practice)
Legal recognition 8 4 11 7
Demarcation and
Titlinng
11 7 +22 +12
Usufruct contract 1 2 5 5
TOTAL 20 +7 38 +12
Source: Notess et al., 2018; Monterroso y Larson, 2018
3. Institutions and procedures for implementation,
mechanisms for coordinating
0.0
10.0
20.0
30.0
40.0
50.0
60.0
si no no sabe
Is there a formal agreement to coordinate with other government
institutions involved in imnplemenntation of reform process?
yes no Doesn’t know
Statistical difference between the perspective of
government officers that consider effective implementation
and those that report formal agreements for coordinationg
and those officers that report no
coordination/communication across sectors.
WHY INTERSECTORIAL COORDINATION/COMMUNICATION
IS IMPORTANT?
• Ensures meeting outcomes (36%),
• Allows meeting goals (22%),
• Is part of the institutional mandate (19%).

10. 4. Incongruencias, desacuerdos y desafíos en la
implementación de regulaciones
ARE THERE CURRENTLY CONFLICTS OR DISAGREEMENTS BETWEEN YOUR OFFICE/ ORGANIZATION
POLICIES AND WHAT FOREST COMMUNITIES WOULD LIKE/EXPECT IN TERMS OF FOREST TENURE
RIGHTS?
YES: 72%- SURVEYS Y 78% SURVEYS +INTERVIEWS
Other
Difficulty to organize joint
meetings
Type of communication: language barriers, lacking
adequate forms of communication
It requires too much time
The nature of the conflict is linked to different values
which makes difficult to find consensus solutions
No consensus from some of the members in groups
involved in conflict
Need to find a neutral platform for holding
In-person meetings
Takes time gaining trust from all
actors involved in the conflict
Percentage
Figure 2. What are the four most important challenges you faced to resolve existing disagreements
and incongruences?

11. 5. Social factors facilitating/limiting implementation capacity
Community organizations
Awareness of indigenous
peoples rights
Little awareness of situation of
indigenous peoples
Existing representation of
indigenous organizations
Social status
Ethnic affiliations
Cultural customary norms/practices
and authorities
Gender norms and
practices
Religious practices and beliefs
Government officials
NGO officers Percentage
Figure 3. Social factors that facilitate or limit the implementation
capacity

12. 5. Political factors facilitating/limiting implementation
capacity
Other
Political will
Lacking policies to ensure
coordination across sectors
Lack of clear guidelines
Unstable working conditions
Coordination across governance
levels
International agreements,
programs and priorities
Alignment or conflict with other
existing policies
Decentralization process
Divergent priorities at national and
subnational level
Changes in government
Political activity including political
party politics
PercentageNGO OfficerGov. Officer
Figure 4. Political factors that facilitate or limit the implementation capacity

13. 5. Economic factors facilitating/limiting implementation
capacity
Community economy
Other
International market of
commodities
Extractive activities (mining,
petroleum, timber)
Poverty
Migration
Distribution of national/regional
budget
Economic priorities at the national level
Gov. Officers NGO Officers Percentage
Figure 5. Economic factors that facilitate or limit the implementation capacity

14. 1. Overall 60% of the government officials involved in reform implementation work at the subnational level
 Existing challenges require special abilities (and training) to work under intercultural environment
(indigenous peoples) and deal with conflict situations.
 Overall, implementers should support inclusion of diverse and sometimes contradictory perspectives
(around indigenous peoples, youth, gender, forests, land, conservation issues) that go beyond usual land
administration problems including conflicts over boundaries, illegal extraction of resources, and overlap
in rights.
2. Main challenges to implementation
 Inadequate budgets (Mechanisms to ensure sustained public finance beyond funds from cooperation
projects)
 Inefficient communication across government institutions involved and
 Cumbersome procedures.
3. Collaboration and coordination are two important factors influencing “effectiveness of implementation”.
 At least 12 different government institutions are involved in practice in the implementation of existing
procedures: this requires budgets, and clarifying specific activities and mandates in institutional
operational plans.
 Measures to facilitate exchange and access to key information among existing government (regional
governments, sectorial offices, ministries) to promote communication and increased coordination across
institutions involved in implementation would be a cost-effective measure to advance in reform
implementation.
Implications of results

15. 1. Issues related to ethnic affiliations and customary/traditional practices are
mentioned as the most important social factors at play
 Officers require tools and skills to work with indigenous peoples
(Interculturality approach)
2. Results highlight discrepancies in how government officers perceive as the goal of
reforms in regulations.
 Require conflict resolution mechanisms
3. Existing incongruences in how regulations are perceived as well as lack of
coordination and communication between the different governance levels (Access
to resources vs. national level: Titling)
 Require a coordinated response
Implications of results

16. https://www.cifor.org/gcs-tenure/

17. cifor.org
blog.cifor.org
THANK YOU!!