Abstract

Prior to the government's involvement, the local communities had customary rights over the forest including access to, use of, and management of forest resources in Bhutan. However, the fate of customary rights changed with the provision of new governance. A case of sokshing (leaflitter forest) and its management under new regulations are discussed in this study. The sokshing which was de facto independent and owned by private households and communities, was nationalized under the provision of the Forest Act of 1969. Subsequently, the Land Act of 1978 permitted the use of sokshing for the collection of leaf litter and fodder, restraining the use of standing trees and land. However, with the Land Act of 2007, the user right was abolished and sokshing was completely nationalized and deregistered from lagthram (private land registration record), infringing the people's customary rights. This study examined how an individuals responded to changes in the legal ownership of sokshing and its effect on the sustainability, management, and preservation of sokshing land. To achieve this, 61 households comprising both sokshing and non-sokshing owners were interviewed using a semi-structured questionnaire. Ostrom and Schlager's bundles of rights framework were used to examine the changes in the forest property rights of local people. The results revealed that despite the enactment of the 2007 land act, the majority of respondents continued to manage and use sokshing for the production of leaf litter. However, there were concerns among local people about the ownership of their sokshing land due to poor implementation of the land act and lack of clarity on land property rights. Therefore, to address the concerns and ensure the sustainable management and utilization of sokshing land, it is recommended that the Land Act of 2007 be amended to include provisions for thorough consultation and participation, the development of a comprehensive management plan, and the promotion of equity in the use and management of sokshing resources.

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