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Who has rights to forests and forest resources? In recent years governments in the South have transferred at least 200 million hectares of forests to communities living in and around them . This book assesses the experience of what appears to be a new international trend that has substantially increased the share of the world's forests under community administration. Based on research in over 30 communities in selected countries in Asia (India, Nepal, Philippines, Laos, Indonesia), Africa (Burkina Faso, Cameroon, Ghana) and Latin America (Bolivia, Brazil, Guatemala, Nicaragua), it examines the process and outcomes of granting new rights, assessing a variety of governance issues in implementation, access to forest products and markets and outcomes for people and forests . Forest tenure reforms have been highly varied, ranging from the titling of indigenous territories to the granting of small land areas for forest regeneration or the right to a share in timber revenues. While in many cases these rights have been significant, new statutory rights do not automatically result in rights in practice, and a variety of institutional weaknesses and policy distortions have limited the impacts of change. Through the comparison of selected cases, the chapters explore the nature of forest reform, the extent and meaning of rights transferred or recognized, and the role of authority and citizens' networks in forest governance. They also assess opportunities and obstacles associated with government regulations and markets for forest products and the effects across the cases on livelihoods, forest condition and equity. Published with CIFOR
As the editors note in their introduction, the attention to rights in forestry differs from 'rights-based approaches' in international development and other natural resource fields in three critical ways. First, redistribution is a central demand of activists in forestry but not in other fields. Many forest rights activists call for not only the redirection of forest benefits but also the redistribution of forest tenure to redress historical inequalities. Second, the rights agenda in forestry emerges from numerous grassroots initiatives, setting forest-related human rights apart from approaches that derive legitimacy from transnational human rights norms and are driven by international and national organizations. Third, forest rights activists attend to individual as well as peoples' collective rights whereas approaches in other fields tend to emphasize one or the other set of rights.
This book analyzes the wide range of issues that should be taken into account in forest-related legislation. It stresses that forest law must be understood in the context of the broader legal framework governing land use and land tenure, as well as international obligations related to trade, environmental protection, and human rights. The book also pays significant attention to institutional arrangements and governance practices relevant to forests, including decentralization, transparency, and law enforcement. The authors draw extensively on experience from around the world to provide tools for dealing with various forest management challlenges. The authors are experts in the field of forest law. Lawrence C. Christy is a Former Chief, Development Law Service, Legal Office, Food and Agricultre Organization of the United Nations (FAO). Charles E. Di Leva is Chief Counsel, Environmentally and Socially Sustainable Development and International Law Unit (LEGEN), Legal Vice-Presidency, World Bank. Jonathan M. Lindsay is Senior Counsel with LEGEN, Legal Vice-Presidency, World Bank. Patrice Talla Takoukam is Counsel with LEGEN, Legal Vice-Presidency, World Bank.
Communities are making unprecedented gains worldwide in forest resource access and management rights. A new conservation actor, the forest steward community, is emerging in Central America as an effective collaborator in forest conservation. How best to support and strengthen this community-based conservation actor while minimizing external dependency? This paper discusses an experience with innovative participatory research in Guatemala and Nicaragua that aimed to strengthen community capabilities in natural resource management. The Grassroots Assistance Project trained community members to document and critically reflect upon local experience with forest management and external assistance. Together with regional context studies undertaken by professional researchers, these local 'autosystematization' studies made possible comprehensive documentation of the multiple dimensions of communities' resource management, identification of their strengths and vulnerabilities and discussion of future strategies. Their endeavours also reveal an emerging alternative 'accompaniment' approach to technical assistance, which promotes a high level of partnership between communities and external institutions, in contrast to traditional assistance, which often creates dependency. Technical 'accompaniment' emphasizes long-term social processes, shared learning, community empowerment, validation of local knowledge and continual strengthening of organizational capabilities. It also suggests organizing assistance to pursue closer proximity to communities and their processes, flattening of technical staff hierarchies, flexible response to community input, more horizontal information exchange, and incorporation of social process indicators into assessment. Employed in combination with more traditional assistance approaches, the technical 'accompaniment' approach holds promise for strengthening communities' capabilities as key allies in protecting and managing the environment for the future.
Experiences from incentive-based forest management are examined for their effects on the livelihoods of local communities. In the second section, country case studies provide a snapshot of REDD developments to date and identify design features for REDD that would support benefits for forest communities.
This book is the first in the world to provide a cross-national, comparative exploration of omnibus legislation. It contributes to the global debate over omnibus legislation and offers comprehensive, thorough and multifaceted coverage that concerns the fields of legislation and legisprudence, comparative law, political science, public policy and economics. Beyond its relevance for these fields, the book will support practitioners in parliaments, governments and courts, thereby impacting the actual use of omnibus legislation. A new, major and controversial reform is enacted in the middle of the night. It is buried in a massive omnibus bill hundreds of pages in length, which is rammed through the legislative process at breakneck speed. The legislators receive the final version of the bill in the very last minute, and protest that they’ve had no opportunity to read it in detail and know what they’re voting upon. The majority party’s legislative leaders, however, are unimpressed, and the law is eventually passed on the basis of strict party discipline. Though it may sound far-fetched, this scenario is all too familiar in many legislatures around the world. The legislative practice of combining numerous unrelated measures in one long bill, which is often passed via a highly expedited process, has become a matter of intense debate and criticism in many countries.
'This book provides an excellent overview of more than a decade of transformation in a forest landscape where the interests of local people, extractive industries and globally important biodiversity are in conflict. The studies assembled here teach us that plans and strategies are fine but, in the real world of the forest frontier, conservation must be based upon negotiation, social learning and an ability to muddle through.' Jeffrey Sayer, senior scientific adviser, Forest Conservation Programme IUCN - International Union for of Nature The devolution of control over the world's forests from national or state and provincial level governments to local control is an ongoing global trend that deeply affects all aspects of forest management, conservation of biodiversity, control over resources, wealth distribution and livelihoods. This powerful new book from leading experts provides an in-depth account of how trends towards increased local governance are shifting control over natural resource management from the state to local societies, and the implications of this control for social justice and the environment. The book is based on ten years of work by a team of researchers in Malinau, Indonesian Borneo, one of the world's richest forest areas. The first part of the book sets the larger context of decentralization's impact on power struggles between the state and society. The authors then cover in detail how the devolution process has occurred in Malinau, the policy context, struggles and conflicts and how Malinau has organized itself. The third part of the book looks at the broader issues of property relations, conflict, local governance and political participation associated with decentralization in Malinau. Importantly, it draws out the salient points for other international contexts including the important determination that 'local political alliances', especially among ethnic minorities, are taking on greater prominence and creating new opportunities to influence forest policy in the world's richest forests from the ground up. This is top-level research for academics and professionals working on forestry, natural resource management, policy and resource economics worldwide. Published with CIFOR
Many countries around the world are engaged in decentralization processes, and most African countries face serious problems with forest governance, from benefits sharing to illegality and sustainable forest management. This book summarizes experiences to date on the extent and nature of decentralization and its outcomes - most of which suggest an underperformance of governance reforms - and explores the viability of different governance instruments in the context of weak governance and expanding commercial pressures over forests. Findings are grouped into two thematic areas: decentralization, livelihoods and sustainable forest management; and international trade, finance and forest sector governance reforms. The authors examine diverse forces shaping the forest sector, including the theory and practice of decentralization, usurpation of authority, corruption and illegality, inequitable patterns of benefits capture and expansion of international trade in timber and carbon credits, and discuss related outcomes on livelihoods, forest condition and equity. The book builds on earlier volumes exploring different dimensions of decentralization and perspectives from other world regions, and distills dimensions of forest governance that are both unique to Africa and representative of broader global patterns. The authors ground their analysis in relevant theory while drawing out implications of their findings for policy and practice.