Legitimacy of forest rights: The underpinnings of the forest tenure reform in the protected areas of petén, Guatemala

Iliana Monterroso,Deborah Barry

doi:10.4103/0972-4923.97486

Iliana Monterroso, Deborah Barry

Open Access

https://doi.org/10.4103/0972-4923.97486

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Abstract

In recent decades, forests across the world have undergone a significant process of recognition and transference of tenure rights to local communities or individuals, referred to here as forest tenure reforms. Among developing regions, Latin America has seen the most important recognition and transference of these tenure rights to forest dwelling and forest dependent communities. This paper examines the process in Guatemala, where the state has recognised and transferred rights to organised local groups-establishing a community concession system in the multiple use zone of the Maya Biosphere Reserve. We analyse the evolution of claims over forest uses, and focus on the legitimacy elements underpinning the process of a claim becoming a right. The results indicate that in order to sustain this forest tenure reform process over time, it is important to understand how tenure arrangements are transferred and distributed among rights-receivers, and how this process is influenced by the elements that underpin legitimation as well as those that define authority. Understanding the underpinnings of the legitimacy behind forest tenure reforms is central to identifying ways in which these processes can work, and also becomes important for developing more sound policy frameworks that fill gaps and resolve incongruence in governmental systems for forest management.

Highlights

Over the last twenty years Latin America has witnessed an important process of recognition of local tenure rights over previously official public forest lands, and the transference of these rights to forest dwelling or forest dependent communities, including indigenous and peasant groups (Larson et al 2010a; RRI and ITTO 2009; Sunderlin et al 2008)
We explore the process of recognition and expansion of community rights in Petén where community forest concessions—25-year concession contracts between the state and organised communities—have been granted in over
We explore the underpinnings of the legitimacy of the rights-receivers and of the rights-granter, and demonstrate how legitimacy is established as a process of mutual recognition of authority over this right

Summary

Introduction

Over the last twenty years Latin America has witnessed an important process of recognition of local tenure rights over previously official public forest lands, and the transference of these rights to forest dwelling or forest dependent communities, including indigenous and peasant groups (Larson et al 2010a; RRI and ITTO 2009; Sunderlin et al 2008). We analyse the process of how Guatemalan state institutions legitimate their authority in Petén, while on the other we examine how the local concessions became legitimate forms of access to, and management of, forest resources.

Results

Conclusion