Tag Archives: forest peoples

What future for reform? Tracking changes in forest tenure since 2002

by Alexandre Corriveau-Bourque

Alexandre Corriveau-Bourque is a Tenure Analyst with the Rights and Resources Initiative, and one of the lead researchers of “What Future for Reform?” along with Fernanda Almeida and Jenny Springer. He is currently managing and updating RRI’s various tenure tracking data sets and developing new methodologies to track changes in community tenure.

Few things are as political as the rights to the world’s remaining forest land. Forests are viewed by a wide range of actors as a source of timber, fiber, food, fuel, medicine, carbon storage, biodiversity, spirituality, and as sites of cultural belonging. Vast mineral, gas, and oil resources are also found beneath the world’s forests. As populations and incomes grow, pressure will continue to rise on the shrinking, yet increasingly important forest estate and the resources it contains. To understand the current contestation for these resources, it is important to begin with the following question: Who ‘owns’ or ‘controls’ these resources?

While the answers are rarely clear, and frequently contested, the Rights and Resources Initiative (RRI) and its Partners have been developing approaches to answering it since 2002. RRI’s recent report, What Future for Reform? Progress and slowdown in forest tenure reform since 2002, is the latest in a series of reports tracking developments related to four different statutory forest tenure categories: 1) forest land under government administration; 2) forest land designated for Indigenous Peoples and local communities; 3) forest land owned by Indigenous Peoples and local communities; and 4) forest land owned by individuals and firms.

The report presents tenure data from 2002 and 2013 under these four categories for 52 countries, representing nearly 90 percent of the global forest area.[1]  Of these, the 40 countries that have complete data for each category and time-period exclusively inform the global aggregates. The aggregates for low and middle income countries (LMICs) are drawn from 33 countries.

Key findings

On a global scale, it is clear that while governments have increasingly recognized indigenous and local community control and ownership of forest land, governments retain the lion’s share of the global forest estate. Between 2002 and 2013, the proportion of forests owned or controlled by Indigenous Peoples and local communities increased from just over 11 percent of the global forest estate (at least 383 Mha) to 15.5 percent (at least 511 Mha). The proportion owned by individuals and firms only increased by 0.6 percent over this same time period.  Continue reading

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What Rights? Comparing developing countries’ national legislation on community forest tenure rights

by Fernanda Almeida

Fernanda Almeida is the lead author of RRI’s “What Rights?” report and works as an international legal consultant on comparative legal, regulatory and policy research and analysis.

Indigenous Peoples and forest communities have long-established customary land rights to a large proportion of the world’s forests. The recognition of these rights by governments and international law and jurisprudence, has proven to be one of the few success stories in the wake of the Rio Earth Summit in 1992. Where these rights are recognized, Indigenous Peoples and other communities are not only able to enjoy their most fundamental human rights, but also to develop themselves sustainably.

For example, in the case of Amazonian traditional populations in the Extractive Reserve of Marajoí (Brazil), the açaí palm had virtually disappeared due to previous over-harvesting caused, at least in part, by unclear tenure. Once land tenure issues were resolved, traditional populations invested their resources in managing the açai area as a way to bring back wildlife, fish, and the açai palm itself. As a result, biodiversity was restored and the population had secured its means of subsistence.[1]

In spite of the importance of such rights to the promotion of a sustainable development agenda, very little was known about the extent to which governments around the world had recognized them and how. The What Rights? report by the Rights and Resources Initiative begins to fill this gap. It analyzes national laws that relate to the forest tenure rights of indigenous peoples and communities in 27 developing countries, home to 2.2 billion rural people, that collectively contain about 75 percent of the forested land in all developing countries.[2]

Continue reading

New RRI report (and upcoming guest post) on community land rights in tropical forests

by Rhodri C. Williams

The Rights and Resources Initiative (RRI) just released a new report indicating that forest peoples have “quietly gained unprecedented legal rights to the land and resources owned under customary law” over the last twenty years. However, the authors also express concerns about legal obstacles to the exercise of such rights and the risk of their rollback by elite groups seeking to facilitate international land and natural resource deals. According to RRI’s press release:

“Forest peoples are caught between the forces of a drive for environmental sustainability and the intense pressure of economic development”, said Jeffrey Hatcher, Director of Global Programs for RRI, and one of the authors of the new report. “Despite tremendous progress in establishing legal tenure regimes, a lack of political will and bureaucratic obstacles make it a struggle to implement any real action in most forest-rich developing nations. ….”

The report is described as providing “the most comprehensive global legal analysis to date of the status of forest tenure rights held by Indigenous Peoples and other local communities in more than two-dozen developing countries”, which together account for “approximately 75 percent of the forests of the developing world, home to some 2.2 billion people.” It was released together with a separate study on the positive development effects of recognizing customary forest tenure. Both reports taken together constitute the results of an analysis undertaken by RRI on the twentieth anniversary of the 1992 Earth Summit in Rio de Janeiro, in order to inform the upcoming Rio+20 Conference on June 20-22.

I am very pleased to announce that Fernanda Almeida, the lead author of the report, will be guest-writing on TN next week in order to provide further analysis of the results of RRI’s research and insights on how these findings may be of practical assistance in efforts to secure the tenure rights of forest peoples.

Fernanda’s guest-posting can now be read at the following link:

– What Rights? Comparing developing countries’ national legislation on community forest tenure rights (11 June 2012)

 

 

New report on the ‘global land grab’ – and guest-posting by David Deng

by Rhodri C. Williams

In a post late last month, I delved into the problem of ‘public/state land’ and the opportunity that this overwhelmingly post-colonial tenure form presents for state predation in a context of spiraling commodity prices. In taking on such a broad and complicated topic, I am afraid I may have oversimplified things. Toward the end of the piece, I noted Shaun Williams’ suggestion (in an earlier TN post) that focusing on effective management of urban public land was likely to be both more feasible and more rewarding than dealing with customary tenure issues for low capacity governments interested in reforming their land systems. Shaun’s insight on the relative tractability of public land issues was reinforced by Erica Harper’s previous description of the difficulties inherent in implementing – or even generalizing about – reform of customary law systems.

All that said, having pushed the ‘publish’ button, I reflected on the fact that this dichotomy between state and customary tenure regimes might be a bit too pat, at least as a global generalization. After all, Shaun’s comments were focused on urban land and the particular context of the Solomon Islands. Was it not actually the case that in rural contexts, in particular, the problem was precisely that the two categories overlapped, with both the state and customary communities essentially ignoring each other’s mutually exclusive claims to the same land until they came into direct conflict? By and large, this seems to be the issue, with the maintenance of public land regimes allowing inchoate colonial era mass-expropriations to be projected into the twenty-first century with a veneer of legality.

This sense of things got a significant boost with the launch last week of a new report – Turning Point: What future for forest peoples and resources in the emerging world order? – by the Rights and Resources Initiative (RRI). As indicated in the launch webpage, RRI has traditionally been concerned primarily with forest tenure. However, this report, as well as an accompanying set of issue briefs by Liz Alden Wily, reflect the fact that forest land now faces many of the same pressures as other rural land, and that the tenure rights of forest dwellers are no more secure than those of smallholders anywhere. The basic issues at stake are set out starkly in the RRI’s press release on the report:

In presenting the results of an analysis of tenure rights in 35 African countries, by international land rights specialist Liz Alden Wily, [RRI Global Programs Head Jeffrey] Hatcher noted that despite the clear potential for bloodshed, “local land rights are being repeatedly and tragically ignored during an astonishing buying spree across Africa.” Alden Wily’s review found that the majority of 1.4 billion hectares of rural land, including forests, rangelands or marshlands, are claimed by states, but held in common by communities, affecting “a minimum” of 428 million of the rural poor in sub-Saharan Africa. “Every corner of every state has a customary owner,” Alden Wily concluded.

The launch of the RRI report was accompanied by a panel discussion describing the effect of large-scale land investments and concessions in a number of settings. One of these was South Sudan, and it is a pleasure to announce that the corresponding observations, by David Deng, will be reproduced in the form of a guest posting on TN tomorrow.

Those familiar with the increasingly urgent debates surrounding the ‘global land rush’ will be aware that Mr. Deng authored a report published last March by Norwegian People’s Aid (NPA) indicating that as much as nine percent of South Sudan’s territory – an area larger than Rwanda – may have been ‘spoken for’ before the country came into formal existence. Mr. Deng was also one of the contributors to a massive study on transnational land deals and human rights undertaken by the NYU Center for Human Rights and Global Justice (CHRGJ) in support of the UN Special Rapporteur on the Right to Food. He is now Research Director for the South Sudan Law Society.