Land Tenure & Resource Management FOREST TENURE AND SUSTAINABLE LANDSCAPES Nayna Jhaveri Resource Tenure Specialist Tenure and Global Climate Change Program 24 Feb 2016

THE CHALLENGE: SUSTAINABLE LANDSCAPES Tenure mosaics in a jurisdictional landscape Tenure is taking on greater importance in USAID strategy on Sustainable Landscapes

FOREST TENURE & SUSTAINABLE LANDSCAPES

INTEGRATED LANDSCAPE MANAGEMENT Collaborative planning Multi- stakeholder platform Clarification of tenure arrangements “Clarifying tenure rights and responsibilities is a central requirement to achieving effective and equitable integrated landscape management.” (p.109)

GROWING IMPORTANCE OF FOREST TENURE 2012 VOLUNTARY GUIDELINES ON RESPONSIBLE GOVERNANCE OF TENURE, LAND, FISHERIES, AND FORESTS IN THE CONTEXT OF NATIONAL FOOD SECURITY Legitimate rights (access, use, management, exclusion, alienation) Responsible governance of tenure Gender equality

INDONESIA: DEVOLUTION OF CUSTOMARY FOREST RIGHTS 12.7 mill ha of customary forest lands by 2019 from forest estate to IPs LEGAL OPENING: 2013 Constitutional Court decision MAPPING-ONE MAP ENABLING FRAMEWORK: New Indigenous Peoples law

DRIVING FORCE: FOREST TENURE TRANSITION

Does this mean that tenure devolution produces better forest management and conservation? That’s a huge story

TENURE AND REDD+ EFFECTIVENESS Reward those who maintain or enhance carbon sequestration Compensate them for lost opportunities Holders of rights must be held accountable in case they do not fulfil their obligations EFFICIENCY Reduce transaction costs (time and funds) for addressing conflicts Increase policy options EQUITY People may be excluded from participating or from forests Land grabs Restrictions on forest use must be done with due process

CARBON FUND METHODOLOGICAL FRAMEWORK Criteria 28 The Emission Reductions Program reviews the assessment of land and resource tenure regimes carried out during the readiness phase at the national level (i.e., SESA) and, if necessary, supplements this assessment by undertaking an additional assessment of any issues related to land and resource tenure regimes in the Accounting Area that are critical to the successful implementation of the ER Program, including: a)Range and type of rights b)Legal status (and gaps/ambiguities) of rights c)Conflicts and disputes d)ER Program impact on tenure rights

STEP 1: FOREST TENURE ASSESSMENTS /content/fcmc/publications

STEP 2: PROGRAMMING ON FOREST TENURE POLICY, LAW & ADMINISTRATION DEVOLVED GOVERNANCE INSTITUTIONS

STEP 2: PROGRAMMING ON FOREST TENURE Community Rights Law (with respect to forest lands) (2009) in Liberia Land Rights and Community Forestry Program (LRCFP) and now PROSPER

STEP 2: PROGRAMMING ON FOREST TENURE Aid communities to develop maps of their community’s forests, governance body, and by-laws (eg. LESTARI, and BIJAK project in Indonesia for Hutan Desa-village forests) Lubuk Beringin

STEP 2: PROGRAMMING ON FOREST TENURE Support implementation of the government’s Gender and Social Inclusion Strategy for forest sector (HARIYO BAN in Nepal) 2016 Gender Responsive and Inclusive Conservation. Learning, Reflection, and Future Direction. WWF Nepal. FCMC also prepared some publications on gender, shifting cultivation, and REDD+.

INVITED PANELISTS: SHARE LESSONS ON TENURE PROGRAMMING Dianne Russell, Office of Forests and Biodiversity, USAID Dan Whyner, USAID Madagascar

GROUP DISCUSSION Please form small groups with at least one member having recently had a Sustainable Landscapes project in their portfolio. Please discuss one of the following questions: A.Has tenure been a central component of this project? Why? Purpose? B.Is information about tenure’s role in SL programming easy to obtain? Does such information improve design of new programs? C.What types of forest tenure interventions (short-term and long-term) have been initiated within SL programming?

RESOURCES ON TENURE IN USAID Juliann Aukema, Global Climate Change Office Stephen Brooks, Land Tenure and Resource Management Office

THANK YOU!