Natural Resource Conflict Natural resource conflicts are disagreements and disputes over access to, and control and use of, natural resources. These conflicts often emerge because people have different uses for resources such as forests, water, pastures and land, or want to manage them in different ways. Disagreements also arise when these interests and needs are incompatible, or when the priorities of some user groups are not considered in policies, programs and projects.

Such conflicts of interest are an inevitable feature of all societies Such conflicts of interest are an inevitable feature of all societies. In recent years, the scope and magnitude of natural resource conflicts have increased and intensified. These conflicts, if not addressed, can escalate into violence, cause environmental degradation, disrupt projects and undermine livelihoods. Acknowledging that conflict is a common feature of any resource use system is a prerequisite for sustainable management that is participatory and equitable.

Definition USAID (2006) has defined natural resource conflict “as the situation where the allocation, management, or use of natural resources result access to natural resources to an extent that significantly diminishes human welfare”

Causes of Conflict Natural resource conflicts have always been with us, due in part to the multiple and competing demands on resources. Conflicts can arise if user groups are excluded from participating in natural resource management. They also occur if there are: contradictions between local and introduced management systems in policy, program and projects

Misunderstandings and lack of information about policy and program objectives; Contradictions or lack of clarity in laws and policies; Inequity in resource distribution; Poor policy and program implementation. Scarcity of natural resources Changing land use system Population pressure on resources

Lack of effective monitoring system Political Instability Lack of coordination between different agencies Policy imposed without local participation Poor identification of and inadequate consultation with stakeholders

Conflict will always exist to some degree in every community, but it can often be managed and resolved. Lack of public disputes does not mean there is no conflict.

The form and intensity of conflicts vary widely by place, and over time within any community. Conflicts manifest themselves in many ways, ranging from breaking rules to acts of interrupt and violence. Sometimes conflicts remain hidden or latent. People may allow grievances to smolder because of fear, distrust, peer pressure, financial constraints, exclusion from certain conflict resolution procedures, or for strategic reasons. Because some societies encourage their members to avoid public confrontations, a lack of public disputes does not mean there is no conflict.

Actors of Conflict Natural resource conflicts occur at various levels and involve a variety of actors. They range from conflicts among local men and women, conflicts among neighbouring communities community-based organizations, domestic and multinational businesses, governments, international development agencies and NGOs in conflict over the use and management of resources Most conflicts are characterized by the presence of multiple stakeholders who themselves may have subgroups with varying interests.

Types of conflict in Natural resource On the basis of causes of conflict, it can be divided on utilization related conflict, management related conflict, ownership related conflict and policy related conflict. The Utilization related conflict is due to the uneven access to and control over the resources and benefit sharing among different actors.

The Management related Conflict It is due to the exclusion of certain groups/actors in the management of natural resources. This kind of conflict mostly arise in Nepal due to the exclusion of women and disadvantaged minority group in the utilization and management of natural resources such as community forest, watershed management, irrigation cannel management, drinking water management etc. Similarly, this types of conflict also arise due to the different people/group want different way of resource management.

The ownership related conflict It is due to ownership dispute among the institutions or communities. Demarcation of resource boundary, registration process to some of the governmental organization for legalization, naming of the resource group/committee are the major example in Nepalese cases.

The Policy related conflict It occurs due to the policy dispute between communities and between community and national policy. The latest government decision about forming one National park and three conservation areas has brought dispute between the local community group and the central policy making.

Land Related Conflict Boundary demarcation Change in ownership Land capture by different groups Tenancy right Tenant eviction

Development of infrastructure in particular site Obstruction of existing path Biased land quality assessment and measurement Public land encroachment Fraudulent sale Land fragmentation Order of succession (gift of parental land holding)

Forest Related Conflict Differential use of forest Ownership of forest Demarcation of forest boundary Identification of user Selection of management Distribution of forest product Payment of royalties

Illegal collection of NTFPs by outsiders Hunting and Poaching of wild animals Collection of medical plants by traders Political influence of forest management Change in forest related policy

Water Related Conflict Source Dispute Sharing of drinking water Irrigating land Payment of compensation Maintenance of drinking water supply and irrigation system Role and responsibility of Water users committee

User group and government technician disputes

Pasture Related Conflict Demarcation of pasture land with forest and agricultural land Conflict between herders and agriculturalist Overgrazing Grazing right Ownership of pasture land Inclusion/exclusion in pasture management

Key Conflict Management and Resolution Strategies Avoidance: Acting in a way to keep a conflict from becoming publicly acknowledged. Adjustification: relying on judge or administrator to make a binding decision. Mediation: using a third party to facilitate the negotiation process. (A mediator lacks the authority to impose a solution

Negotiation: following a voluntary process in which parties reach agreement thorough consensus Arbitration: submitting a conflict to a mutually agreeable third party who renders a decision. Coercion: threatening or using force to impose one's will.

Alternative conflict Management Approach Addressing conflict is a prerequisite for sustainable natural resource management. Conflicts over natural resources are growing in scope, magnitude and intensity. If not addressed in an effective and timely manner, natural resource conflicts can adversely affect community livelihoods and result in resource degradation. Alternative conflict management offers an innovative, multidisciplinary approach to understanding, analyzing and managing conflicts both before and after they occur.

It seeks the development of participatory and consensus- building strategies, and it builds upon existing formal and informal conflict management mechanisms within local communities. It also seeks to strengthen the capacity of local institutions and communities to manage conflict and promote sustainable resource management. Appropriate conflict management and resolution strategies need to be incorporated into natural resource management policies, programs and projects.

Natural Resource Conflict Reduction strategies Decentralization and devolution of right Forest Law enforcement Participatory natural resource management Effective Policy formulation Research and analysis of causal relationship Scientific Land reform/Land Ownership Indigenous land right Improve governance and institutional accountability

Negotiation/regular interaction Tenure and user right Harvest regulation of natural resources Sustainable use of natural resources Cooperate rather than compete in limited resources Fair distribution of benefit of Natural resources Adequately identify and involved the stakeholders

Information base -----communication Coordination among different agencies/sectors Institutional capacity building Monitoring and evaluation Appropriate resettlement scheme Legal advice and orientation, awareness Create alternative livelihood opportunity Address the causes of conflict

Conflict Management Practices in Nepal 1.Formal Practices Court system Semi judicial organization Government offices concerned with resources such as land revenue office, Department of forest Police station Local administration such as VDC, DDC Formal practice requires huge time, money and legal understanding (average 1-7 years)

2. Informal Practices Jhakri, Purohit, Mukhiya, landlords, faith healer Dharma Bhakaune: sacred test (Saligram, Pipal etc) Sagun garne: (reconciliation):gift followed by party Mafi Magne Mit Laune Tamodhi (Gurung), Thakali Samaj, Mitheba (Manangis, Bhalmansa, Maijan (Musahar), Mullah (muslim)

It is easier, do not need legal knowledge, short time for decision, social harmony, negotiation However, eroding due to verdicts biased in the favour of those with power.

Rating of Performance Performance Formal Informal Good 5 25 Satisfactory 15 50 Poor 65 D/N 10 Source: Upreti (2004), Dolakha

Reason for Poor Performance Frequency Political influence 92 Legal complication 77 Inaccessible/expensive 85 Influence of money Elite bias in decision 89 Lack of transparency