Enhancing forest tenure reforms through more responsive regulations

Annem Larson,Juanm Pulhin

doi:10.4103/0972-4923.97482

Abstract

Forest tenure reforms have offered new opportunities for communities to obtain formal rights to forests and forest benefits, but at the same time a variety of limitations are placed on livelihood options. This article draws on several case studies of reforms in Africa, Asia and Latin America to analyse the regulations accompanying reforms. It identifies three types of regulations, namely rules that limit areas available to local communities; rules that delineate conservation areas and impose related limits on use; and bureaucratic requirements for permits and management plans, which restrict the commercial use and marketing of valuable forest products. It discusses problems with these regulations, and proposes a simple framework for identifying ways to promote regulations that work for forest conservation but are more responsive to the needs of communities and forests.

Highlights

Forest tenure reforms in Asia, Africa, and Latin America have offered new opportunities for communities to obtain formal rights to forests and forest resources
Despite recent efforts to provide new and secure rights to indigenous and other local communities through forest tenure reform, government regulations are still founded on the scientific forest management tradition and the bureaucratic culture that has persisted in state forest agencies
What is the solution? How could regulations for forest-based communities be designed in such a way that they truly operate where and when they are most needed, and only complement local regulation when the local ones are not? Rather than starting from the perspective of state regulation, we propose starting from communities—what are local needs and practices, and what potential do they have for sustainable, grassroots forest management? Fundamentally, if greater local control and appropriation is behind the principle of better and more sustainable management—as greater long term security is more likely to promote a long term interest in sustaining resources— to what extent is over-regulation and the retention of management rights interfering with the potential of tenure reforms?

Summary

INTRODUCTION

Forest tenure reforms in Asia, Africa, and Latin America have offered new opportunities for communities to obtain formal rights to forests and forest resources (for an overview, see the introduction to this special issue by Larson and Dahal). Based on research on forest tenure reforms in 10 countries, this article addresses three different types of regulations: rules that limit areas available to local communities; rules that delineate conservation areas and impose limits on use; and bureaucratic requirements for permits and management plans, which restrict the commercial use and marketing of valuable forest products (see Pulhin et al 2010). These regulations are not separate from but are rather an integral part of the tenure reforms themselves, and suggest a limited view of community ‘rights’ on the part of the state (see Larson and Dahal This issue, and Cronkleton This issue). 104 / Larson and Pulhin based on the drivers of deforestation and the degree of local forest dependence

METHODS

Findings

CONCLUSIONS