Forest tenure and Governance: -s · Political Stability World Bank governance indexes ITTO Producer...

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-s Forest tenure and Governance: Trends, Experiences, and Implications Arvind Khare Rights and Resources Initiative MegaFlorestais 2009 Whistler, British Columbia, Canada October 7th, 2009

Transcript of Forest tenure and Governance: -s · Political Stability World Bank governance indexes ITTO Producer...

Page 1: Forest tenure and Governance: -s · Political Stability World Bank governance indexes ITTO Producer Countries Other developing countries (non ITTO producer) • The ITTO producer

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Forest tenure and Governance:Trends, Experiences, and Implications

Arvind Khare Rights and Resources Initiative

MegaFlorestais 2009Whistler, British Columbia, Canada

October 7th, 2009

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Outline

1. Transitions in Forest Tenure – What are the trends?

2. What we discussed and what we did not?

3. Why it matters?

4. Where is protection and restoration taking place and why?

5. Where is the Hope?

6. Implications for MegaFlorestais countries

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Forest Tenure Transition Continues

Key Finding – Some progress, but not much.

9 of top 30

Source: Sunderlin, W., J.Hatcher and M. Liddle. 2008. From Exclusion to Ownership?: Challenges and Opportunities in

Advancing Forest Tenure Reform. Washington D.C.: Rights and Resources Initiative.

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Progress, but Fast Enough?

• Community “administration” and “ownership” from 22 to 27% in developing countries between ’02 and ’08 (about 1%/year)

– At this rate of rationalizing “public domain” – can the world wait this long?

• Examples of bold tenure reforms:– Brazil (100 million hectares, last 15 years)

– China (largest tenure reform program in modern history – in terms of people affected and area)

– Mozambique (national-level program recognizing, mapping rights)

– India – Forest Rights Act 2006

• Public forest agency reform:– Brazil, Mexico, USA, E. Europe: from owning and controlling to supporting local

owners, monitoring, and providing incentives

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Source: Sunderlin, et al. 2008.

Forest Tenure: Regional Differences

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Tenure, Global Challenges, and Reality

• Economic Crisis

• Climate Crisis

• Industry in transition

• Convergence

What we discussed

• Extensive poverty and no economic growth

• Governance and Human Rights

• Violent Conflicts

• Land grabs

What we did not discuss

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Where is Extensive Poverty and Slow or No Economic Growth?

-1.00%

-0.50%

0.00%

0.50%

1.00%

1.50%

2.00%

2.50%

3.00%

3.50%

Africa Asia & Oceania L America & Caribbean Developing World

Av

era

ge

An

nu

al

GD

P P

er

Ca

pit

a G

row

th 1

97

5-2

00

4

High Forest Countries* Low Forest Countries

• Extensive, chronic, poverty in forest areas (highest “rates”, across the world)

• “Growth” located in urban, coastal areas

• “Forest rich” countries, and forest regions doing significantly worse

• “falling apart and falling behind” (Collier ’07).

• ITTO producer countries doing even worse (poverty too is a function of privileged business model)

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� At least 15 million people lack citizenshiprecognition – including hill tribes of SE Asia, most Pygmies of Congo Basin

� Lack of respect for property rights; when governments claim 75% of world’s forests – “myth of empty forests’ prevails resulting in illegal conservation, concessions to non-owners, dispossession and refugees

� Women disproportionately disadvantaged, politically, legally, economically and culturally – not a “boutique” or “luxury”issue

� Corruption, limited rule of law, limited accountability, judicial redress

� Lack of basic public services, forests as “hinterland”, exploited by distant elite

Where Human Rights are violated and What is the Status of Governance?

Forest areas: about 30% of global land area, over 1 billion of world’s poorest: socially and politically disenfranchised

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Governance indicators for ITTO producer countries vs.

other developing countries

-1.5

-1

-0.5

0

0.5

1

1.5

Rule of Law Control of

Corruption

Political Stability

Worl

d B

ank g

overn

ance indexes

ITTO Producer Countries

Other developing countries

(non ITTO producer)

• The ITTO producer countries score lower in all categories, and for the 3 represented above, this difference is statistically significant (.05 double tailed t-test).

• This tends to show that it is not merely the presence of forest, but of a large forest industry correlated to poor governance performances.

Status of Governance: Is it a Function of Development/Industry Models

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Governance – Reality and REDD

World Bank

"Doing Business"

ranking4

Current

conflicts3

Freedom

House index2

Transparency

International

rating1

11612 / 163.62.9Both38

1159 / 133.62.9FCPF37

1193 / 33.5 of 72.6 of 10UNREDD9

Ease of doing

business ranking,

of 181 total.

Tenure-

related /

total

conflicts.

1 = Free, 7 =

Not free.

1-10; top score:

Denmark, 9.3.

n

Doing Business 2009, http://www.doingbusiness.org/economyrankings/?direction=Desc&sort=14

Wily, Liz A. 2008. Current conflicts around the world. Unpublished.3

Freedom House. 2008. Freedom in the World. Combined Average Ratings, http://www.freedomhouse.org/template.cfm?page=410&year=20082

Transperancy International. 2008. Corruption Perceptions Index. http://www.transparency.org/policy_research/surveys_indices/cpi1

Sources:

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Where is Conflict Taking Place?

In the past twenty years 30 countries in the tropical regions of the world have experienced significant conflict between armed groups in forest areas.

Source: D.Kaimowitz ETFRN NEWS 43/44

53% of African forest area, 22% of Asian forest: over 127 million people directly affected – “land” key driver in 40-70%

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Where is land grab taking place?

Source: Guardian (22 November 2008) based on Grain 2008.

Food, fuel and fiber all competing for the same, declining

amount of land, all driving food insecurity, riots, conflicts.

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Where is Protection and Restoration Taking

Place?

1. Where is protection taking place? Brazil (IPs’); Mexico, Guatemala, Panama, Philippines (IPs’, communities)

- Not because of huge investment but by clarifying rights and sound policy choices

2. Where is restoration taking place? Nepal (communities); China, Vietnam (households)

- Again, no huge investment – just the right and consistent policy

3. How much does it cost to recognize rights - this is cheap $3/hectare vs $400/ha/year expected REDD payment

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Huge Opportunities: Where’s the Hope?

1. People and their organizations• “global political awakening”• Increasingly holding us all

accountable

2. Tenure and institutional reform• rationalizing the “public domain”• rethinking and reorganizing

government agencies

3. Local enterprises & markets• new opportunities for the poor• resilience in downturn, source of

growth and governance

4. Empowering technologies• facilitating transparency, monitoring

& accountability of organizations and enterprises

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What are the risks – Undoing of Governments and “Development”

• If we do not settle the questions of rights and tenure in this early stages of biggest economic/political/climatic transition in modern history

• Risk of:• Expanded civil conflicts,

• Further social and political marginalization of rural and forest peoples

• Continued deforestation and increased carbon emission

• Undoing of governments and “development”

• Forest sector: Haven’t dealt with past, not yet equipped for the future – what needs to be done?

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Implications for MegaFlorestais Countries (1)

• Canada: Issue of First Nations and ownership of land needs clear answers – IPs world over are watching what Canada does;

• Russia: Despite the decentralization to secondary and tertiary level of governance no clarity on “ownership of rights” and communities – what are the next level of reforms;

• Indonesia: Contestation between statutory and customary rights and between industry and communities continues. Issues of Indigenous Peoples and Human Rights high on agenda of CSOs– how does Indonesia move forward in this complex situation;

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Implications for MegaFlorestais Countries (2)

• Brazil: Reservation of territories for Indigenous People still constrained without economic opportunities. How to remove the constraints for full economic integration;

• China: Great work on reforms in collective forests yet regulations and zoning laws prevent full realization of the potential of reforms and how to move forward in reforming tenure in public forests to provide similar opportunities to people living in and around public forests;

• USA: Successful in clarifying public and private domain which helped you when large industry deserted you – how to reward and privilege forest owners as opportunities open due to climatemitigation measures and prevent big industry and farm lobby from capturing benefits;

• India: Forest agency – reform or perish;• Cameroon and Congo: How to help?

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Thank You

www.rightsandresources.org

[email protected]