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Usaid experience securing land and resource rights for forest landscapes
1. LandTenure & Resource Management
USAID Experience Securing land and
resource rights for forest landscapes
6 December 2015
2.
3. WHY DOESTENURE SECURITY ENTER
THE REDD+ DISCUSSION?
“Current land use and
customary and legal property
rights including community
property … identifying ongoing
or unresolved conflicts…
disputes over land tenure that
were resolved during the last
ten years.”
-CCB
Land tenure and resource
rights… identify rights-
holders, guide the design of
the ER Program, benefit
sharing plans, and
demonstrate ability to
transfer Title to ERs.
- CF Method Framework.
A description of legal
title to the land, rights
of access to the
sequestered carbon,
current land tenure
and land use.
- CDM
4. WHERE DOESTENURE SECURITY ENTERTHE REDD+
DISCUSSION?
• Contextual Basis for Program Design (Enabling Environment)
• Strengthened Land and Resource Rights as a Program Activity
(Intervention)
• Strengthened Land and Resource Rights as an Outcome (Benefit)
6. PROGRAM DESIGN
• What are the current tenure systems, stakeholders and incentives governing
forest?
• Are there legitimate stakeholders who are missing out?
• Procedural Rights:
• Consultation, Consent,Active Decisions, Benefit
• USAID-supported Resource Rights
Assessments in Nepal, Guatemala,
Panama, Honduras
7. “In two years, companies
have used a legal loophole to
parcel logging contracts
covering a quarter of the
country’s land”
TENURE AS A POLICY INTERVENTION
Recognizing customary rights at same level as statutory rights
(USAID Liberia LRCFP and PROSPER)
8. TENURE AS A POLICY INTERVENTION
Tree tenure reform: devolving tree rights with land rights
Regreening of the Sahel
(USAID West Africa)
Photo: Darren Jacobson, 2005 from Stickler, M 2012
9. TENURE AS AN POLICY INTERVENTION
Supporting development of integrated land policy
Coastal forest policy
(USAID Forest and Deltas Project, Vietnam)
10. TENURE AS AN INTERVENTION
Clear tenure rights unlocked the ability to engage on management & enforcement responsibilities
11. TENURE AS AN INTERVENTION
Piloting land and resource rights documentation to inform legislation
(USAID Zambia – Tenure and Global Climate Change)
12. TENURE AS AN INTERVENTION
Piloting policy through registration of land and resource rights
(USAID Indonesia – IFACS and LESTARI)
14. POLICY INTERVENTIONS
Recognize customary rights at the same level at statutory rights
Devolve rights to trees to flow with land rights
Develop integrated/holistic land policy (not sector driven policy)
FIELD INTERVENTIONS
Focus on management and enforcement once legal rights clarified
Document household and community resource rights to:
• Inform policy development; and
• Demonstrate progressive policy.
Ownership is
Bundle of Rights: Rarely is the full bundle of rights devolved to any one authority .
No change, no additionality
Impact peoples’ land and resource rights
Where this equation does not make sense for practical or . Apply a tenure intervention.
Tenure Rights = Carrots
No Tenure Rights = Stick
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Community Rights Law of 2008 (applying to forest lands)
Benefited from having their customary land rights recognized that allowed them to negotiate with the concessionaires because the land was considered government lands.
Nimba with Arcelor Mittal – Ba Community
Sinoe with Golden Veruleum
Even though the rights were weak… the rights were legitimized.
But when it comes to legislation without the reach out to help people understand their rights.
2006 National Forest Reform legislation – private use permit (private ownership)
Danger is that once mechanisms are opened
Up to 2.3 million hectares could have been exploited, but in District 4 in Grand Bassa legislature aligned with timber concessaires aligned with communities to submit… one on behalf of the communities by elite to recognize, vs. one provided by elite.
There are over 100 applications for Community Forest Management Agreements – it is elite
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Decades of support to regreening the sahel.
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Rodonia & Matto Grosso states in Brazil
248,147 ha protected
Surui territory demarcated in 1983 and signed by the President giving them legal rights
Carbon finance and enterprise development based on NTFP have helped to stem pressure
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Supporting local institutions that are working in an area of active legal reform to consider whether documenting customary rights through traditional authorities will lead to adoption of sustainable land use practices.
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Implementation of Hutan Desa status to allow communities to register the rights to manage the use of their forests. Piloting the legislation that allows for registration of rights
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