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Understanding Tenure Security in the
Implementation of Reforms: Clarifying
Concepts and Methods
6 October, 2014
24th IUFRO...
Outline
Motivation
Research objectives
What is forest tenure?
Tenure security
Domains of tenure security
Research approach...
Why to study forest tenure?
Changing context
of tenure reform
Historical
analysis of
emergence and
development of
tenure r...
Motivation: Paper vs on the ground
On the ground: Close
to 2 decades of reforms
ostensibly aimed at
securing local tenure
...
Objectives
 Establish how forest tenure reforms
emerge, and document experiences and
options for formal approaches to sec...
Purpose
Getting your feedback on concepts of tenure
security to help us organize the methods for
the study across 3 countr...
What is forest tenure?
 ‘the social relations and institutions governing access to and
use of land and forest resources’ ...
Bundle of rights
 Schlager and Ostrom (1992): access,
manage, exclude and alienate
 FAO, 2011: rights to use, manage, co...
Tenure Security
 Mwangi and Meinzen-Dick (2009: 310): ‘the ability of an
individual [or group] to appropriate resources o...
Domains of tenure security
Normative
(De jure)
Actual
(De facto)
Perception of
tenure security
Risks beyond
perception
Normative tenure security
Robustness of
property rights
Legality
Clarity
Bundle of
rights
• Legal basis
• Granting authori...
Actual tenure security
 Interaction of actors, rules
and power
 Compliance
 Conflicts and conflict
resolution
 Technoc...
Perception of tenure security
Perception of the certainty of the rights irrespective
of the breath or the duration of righ...
Threats to tenure security
 Extractive activities
 Large-scale investments: land
grabs
 Demographic pressures:
populati...
Tenure security
Interaction of
rules, norms,
actors
Enforcement
of rights
Perception of
certainty of
rights
Perception of
...
Research approach
 Diagnostic research and analysis: Cross-country
comparison, extensive surveys, policy and legal
analys...
Your inputs
 How do we study this?
 What is the best way to cover all these
variables?
 Do we have to cover them all?
...
m.banjade@cgiar.org
http://www1.cifor.org/forest-tenure/home.html
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Understanding Tenure Security in the Implementation of Reforms: Clarifying Concepts and Methods

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This presentation, delivered at the 24th IUFRO World Congress by Mani Ram Banjade, explains the role tenure security plays in reform implementation. Topics include: motivation, research objectives, a definition of forest tenure and tenure security, and research methods.

Published in: Environment
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Understanding Tenure Security in the Implementation of Reforms: Clarifying Concepts and Methods

  1. 1. Understanding Tenure Security in the Implementation of Reforms: Clarifying Concepts and Methods 6 October, 2014 24th IUFRO World Congress: Sustaining Forests, Sustaining People: The Role of Research, October 5-11, 2014 Mani Ram Banjade
  2. 2. Outline Motivation Research objectives What is forest tenure? Tenure security Domains of tenure security Research approach and methods
  3. 3. Why to study forest tenure? Changing context of tenure reform Historical analysis of emergence and development of tenure reform Fragmented studies: Focus either on policy or outcomes A comprehensive research on policies and laws, implementation process and outcomes Varied outcomes of forest tenure reform implementation  Outcomes on livelihoods, forest resource and tenure security  Challenges
  4. 4. Motivation: Paper vs on the ground On the ground: Close to 2 decades of reforms ostensibly aimed at securing local tenure  Improve livelihoods  Incentives for sustainable land management Uneven, with mixed results:  Not ambitious enough/full rights?  Customary systems unaccounted for  On-going external threats via competing uses  Internal differentiation, including gender  Implementation gaps/bottlenecks On paper: Between 2002-2013 considerable increase (128.5 Mha) in forest area under ownership of or designated for local communities (RRI, 2014)
  5. 5. Objectives  Establish how forest tenure reforms emerge, and document experiences and options for formal approaches to securing customary rights.  Identify impacts of tenure reform on rights and access of women, poor men and ethnic minorities to forests and trees.  Identify factors that constrain reform implementation.  Disseminate lessons learned and knowledge generated at sub-national, national, regional and international levels.
  6. 6. Purpose Getting your feedback on concepts of tenure security to help us organize the methods for the study across 3 countries in 3 world regions
  7. 7. What is forest tenure?  ‘the social relations and institutions governing access to and use of land and forest resources’ (Larson et al. 2012).  Forest tenure systems • State forest tenure systems vs community forest tenure system (Safitri, 2010) • Formal vs informal systems  Whose rights: Rights assigned to individual, group, communal, customary or state  De jure vs de facto rights
  8. 8. Bundle of rights  Schlager and Ostrom (1992): access, manage, exclude and alienate  FAO, 2011: rights to use, manage, control, market products, inherit, sell, transfer, dispose of, lease or mortgage.  RRI 2012: access, withdrawal, management, exclusion, alienation, duration and extinguishability of Rights  Management rights: Rule-making, compliance monitoring and disputes adjudication (Agrawal and Ostrom 2008)
  9. 9. Tenure Security  Mwangi and Meinzen-Dick (2009: 310): ‘the ability of an individual [or group] to appropriate resources on a continuous basis, free from imposition, dispute or approbation from outside sources…’ It is the certainty of scope of rights and duration.  Tenure security involves what rights, for whom, for how long, with what certainty  Analysis differs based on domains of tenure security: normative or statutory provisions (legal statements), actual practices (enforcement of formal rights and social norms), how actors perceive them, and consideration beyond lived experience
  10. 10. Domains of tenure security Normative (De jure) Actual (De facto) Perception of tenure security Risks beyond perception
  11. 11. Normative tenure security Robustness of property rights Legality Clarity Bundle of rights • Legal basis • Granting authority • Right holders • Scope: rights and obligations • Boundaries • Ways of exclusion Duration of rights Assurance of rights Legal protection against expropriation Conflict resolution mechanism Participation in decision-making
  12. 12. Actual tenure security  Interaction of actors, rules and power  Compliance  Conflicts and conflict resolution  Technocratic/managerial dimensions: motivations, incentives, capacities, budgets/staffing
  13. 13. Perception of tenure security Perception of the certainty of the rights irrespective of the breath or the duration of rights offered.
  14. 14. Threats to tenure security  Extractive activities  Large-scale investments: land grabs  Demographic pressures: population growth, migration  Elite capture  Resource-based conflicts
  15. 15. Tenure security Interaction of rules, norms, actors Enforcement of rights Perception of certainty of rights Perception of threats Threats beyond perception
  16. 16. Research approach  Diagnostic research and analysis: Cross-country comparison, extensive surveys, policy and legal analysis, FGD, key informants interviews, documents review  Multi-actor engagement: joint problem solving, future scenarios, experience sharing  Knowledge sharing: workshops, needs assessments, tools (eg conflict resolution; gender integration); tenure literacy
  17. 17. Your inputs  How do we study this?  What is the best way to cover all these variables?  Do we have to cover them all?  Are we missing anything?
  18. 18. m.banjade@cgiar.org http://www1.cifor.org/forest-tenure/home.html

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