1. Policy brief on Tenure Improvement for Strengthening Community Forestry Group-6 Yayan Hadiyan Vongdeuane Vongsiharath Farjana Khanom

2. Background Tenure conflicts on land and forest area has been increasing due to Pressures of growing population Weakness in forest governance State sole ownership result in extremely insecure rights (eg. Lao PDR) Unclear and overlapping allocation result in intra and inter group conflict sof interests (eg. Indonesia) lack of legal recourse for dispute resolution, little confidence of participants or poverty leading to secret selling of allotted plots to local elites (eg. Bangladesh)

3. Stakeholders Government as legal authority and implementation of the policy. Local communities are dependent on forest and active participant in Community Forestry State and Privately owned enterprises for operating the business activities.

4. Existing practices of forest tenure Spectrum of Community Based Forestry (FAO 2016) Transition from an emphasis primarily on production to a more people-centric model designed to support the conservation of forest

5. Existing practices of forest tenure (Contd..) Tenure includes ownership and management rights, and operationalisation of such rights Tenure is “bundles of rights” available to communities to access to forest resources Making decisions on forest management Ability to commercially harvest timber and other forest products Being able to exclude outsiders Public ownership is predominated followed by community, private and other types of ownership Varies within and between countries.

6. Issues for tenure improvement Keys to effective community-based forestry (FAO 2016)

7. Issues for tenure improvement (Contd……)

8. Allocation of land and management rights Privatization Provide the strongest incentive Ideal form of tenure Risk of division and selling of land Complex process involving consideration of actual or potential holders High administrative cost Issues for tenure improvement (Contd……)

9. Common property and joint tenure arrangement Community act as the restrain to division and selling Risk of selling still exists under the situation of agreement of all members in doing so. One suggestion for overcoming this is to temporarily restrict sales and treating different types of forests according to their function, coverage, current land use and customary practice Effective in case of economies of scale and securing externalities Lower administrative cost

10. Regulatory Framework Manifold and intricate compliance procedures significantly constraints effective management practices through Involving lengthy produre high transaction cost Difficult compliance standards. Regulatory frameworks in other sectors may also impact the management practices of CBF Hence, coordination amongst different sectors’ regulation is necessary Issues for tenure improvement (Contd……)

11. Governance Imposed institutional mechanisms with the neglect of local level institutional structures of resource management have been found to be ineffective Critical for anchoring social capital and storing forestry knowledge in communities Elite capture in local institutions which requires consideration of the historical, socially embedded and negotiated nature of resource governance arrangements in local institutions Issues for tenure improvement (Contd……)

12. Supportive bureaucratic mandate and culture The bureaucratic system are usually not only resistant in relinquishing their authority over forests but also deterrent in accrual of formally declared right of communities Alteration in roles from active management through authoritarian control to participatory management. Reproduce themselves and can easily reinforce existing social hierarchies and divisions Issues for tenure improvement (Contd……)

13. Recommendation Adoption of a participatory multi-stakeholder approach and rearrangement process, tailored to specific local needs and conditions considering all aspects of forest management, through A cross-sectoral legislative framework Acceleration of boundary demarcation and mapping Extending management role of the community Meaningful reform practices through focusing not only on delegating rights but also on transferring real power through necessary supports Respect local customs Evaluation of existing practices and regular review Giving appropriate legal education to local people

14. Thank You

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