Forests Sourcebook - HCV Resource Network

nity territory into individual plots, which may be attempted
through forest and land use planning exercises, runs the risk
of adversely affecting the livelihoods and social cohesion of
indigenous communities. (See, for example, the Asian
Development Bank-financed poverty assessment for Lao
PDR [State Planning Committee 2000].) Individual tenure
arrangements should be developed with care and only with
the informed participation of the local communities.
Importance of land and long-term resource use
rights. Most Indigenous Peoples see resource use tenure as
essential for their livelihoods and cultural survival. Land
tenure and long-term access to natural resources are
essential for forest-related projects that affect Indigenous
Peoples. Lack of, or insecure, tenure or short-term tenure or
use rights arrangements are likely to prevent positive project
outcomes and intensify degradation of forests. In contrast,
secure land tenure and long-term tenure arrangements are
likely to empower local communities to manage forests in
sustainable ways.
While international law recognizes Indigenous Peoples’
rights to ancestral land and natural resources, and some
countries have begun to recognize these rights in national
law, the situation is far from uniform. Many countries in
Latin America (for example, Bolivia, Brazil, Colombia, Mexico,
and Nicaragua) and the Philippines have assigned
Indigenous Peoples large territories or enacted legislation
recognizing their rights. Most other countries do not legally
recognize indigenous land and resource use rights, and those
that do, do not always protect such rights in practice. The situation
is compounded by the fact that most indigenous areas
have never been demarcated or titled, or lack documentation
of such official conventions. Accordingly, ancestral lands as
well as areas of current occupation and resource use (if these
differ) are often without legal recognition or protection.
Forest-based projects should support land and long-term
resource use rights of Indigenous Peoples where relevant. In
countries with legislation supporting Indigenous Peoples’ land
and resource use rights, projects should incorporate activities
that formalize and regularize them. Where the customary
lands of Indigenous Peoples are legally under the domain of
the state, or where it is otherwise inappropriate to convert traditional
rights into those of legal ownership, alternative
arrangements should be implemented to grant long-term,
renewable rights of custodianship and use of forest areas to
Indigenous Peoples (see OP 4.10 for more details). Where
Indigenous Peoples are weak relative to private commercial
interests, it may be useful to combine government ownership
of forests with use rights to forest products for Indigenous
Peoples. Such a combination could help to protect Indigenous
Peoples’ interests as well as prevent conversion of forest land to
nonforest uses in the short term. As needed, legal reforms
should also be supported to enhance the recognition of land
and resource use rights of Indigenous Peoples.
Historical and political context to addressing rights.
To address the land and resource use rights of Indigenous
Peoples, it is important to understand the historical and
political context in the country and local area. Indigenous
Peoples have varying cultural values regarding tenure over
forest land and forest products that need to be understood and
addressed in project design. The belief system of some
Indigenous Peoples does not encompass the concept of natural
resource “ownership” at all, which can affect the way they
address customary tenure claims and rights as well as daily
management of resources. Views on individual and collective
tenure also vary. The extent to which tenure rights are linked to
stewardship responsibilities also varies from group to group.
Historical, cultural, and socioeconomic studies combined
with participatory methods and community mapping exercises
can help build a good understanding of local communities,
their cultures, resource use, and customary land and
resource tenure arrangements. They may also help to build
trust and avoid conflicts over land and resource use, provided
that findings are incorporated into project design, including
measures that recognize Indigenous Peoples’ customary
rights and continued access to sustainable resource use.
Use of partnerships for enhancing protection and
sustainability. In the context of CBFM, work with
Indigenous Peoples to enhance efforts to manage forest
resources. Building efforts on current relationships between
the environment and Indigenous Peoples can lead to winwin
situations that enhance the protection of biodiversity
and natural resources and at the same time support the
cultures and sustainable livelihoods of local communities
(see chapter 9, Applying Forests Policy OP 4.36, and chapter
12, Applying OP 4.10 on Indigenous Peoples, in section II of
this sourcebook, and note 1.2, Community-Based Forest
Management).
Experience has shown that true partnerships are difficult
to attain for various reasons, such as continued focus on
top-down approaches, conflicting interests, corruption, and
limited capacity. Despite such difficulties, however, collaborative
arrangements are gaining ground quickly because
they can help resolve conflicts, foster learning during implementation,
enhance management of forest resources and
biodiversity, and support the livelihoods and cultures of
44 CHAPTER 1: FORESTS FOR POVERTY REDUCTION