understanding tenure security in the implementation of reforms: clarifying concepts and methods
TRANSCRIPT
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
Outline
Motivation
Research objectives
What is forest tenure?
Tenure security
Domains of tenure security
Research approach and methods
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
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)
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.
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
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
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)
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
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 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
Actual tenure security
Interaction of actors, rules and
power
Compliance
Conflicts and conflict
resolution
Technocratic/managerial
dimensions: motivations,
incentives, capacities,
budgets/staffing
Perception of tenure security
Perception of the certainty of the rights irrespective
of the breath or the duration of rights offered.
Threats to tenure security
Extractive activities
Large-scale investments: land
grabs
Demographic pressures:
population growth, migration
Elite capture
Resource-based conflicts
Tenure security
Interaction of rules, norms,
actors
Enforcement of rights
Perception of certainty of
rights
Perception of threats Threats beyond
perception
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
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?
