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English - Support to Participatory Constitution Building in Nepal ...

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Forestland reformStewart 1989; Berkes 1989; Berkes and Farvar 1989; Berkes et al. 1989;Feeny et al. 1990; Ostrom 1990; Bromley 1992; Runge 1992; Ostrom1992; Shepherd 1992; Sar<strong>in</strong> 1993; Wollenberg and Hobley 1994; McKeanand Ostrom 1995; Scherr et al. 1995; Cleaver 1996; Hobley 1996; Ribotet al. 2006; Agrawal and Ostrom 2001; Me<strong>in</strong>zen-Dick 2006; Larson et al.2010) provide theoretical framework as well as empirical evidences <strong>to</strong>show under what conditions ‘common property regimes’ perform betteror worse. Accord<strong>in</strong>g <strong>to</strong> them, user behaviour is based largely on howone person believes the other will act, and thus depends upon mutualassurance. Successful and susta<strong>in</strong>ed use of a common property dependson a pattern of <strong>in</strong>teraction based on systems of reciprocity <strong>in</strong> which ac<strong>to</strong>rshelp each other either through action or restriction. Reciprocity <strong>in</strong> turndepends upon mutual expectations of positive performance, and thedecision mak<strong>in</strong>g arrangements adopted by a group will aim <strong>to</strong> ensure thatthese expectations are fulfilled. Communities of users may develop systemswhich enable the enforcement of rules. They may also develop methods <strong>to</strong>moni<strong>to</strong>r each other as well as a means of accountability <strong>to</strong> ensure that theaccepted standards of reciprocity are met. When these mechanisms failand reciprocity breaks down, the management of the common property isthreatened with free-rider strategies and as a result ends with the ‘tragedyof the commons’ (see Hard<strong>in</strong> 1968) type outcomes. Most of the commonproperty literatures suggest that there are many places across the worldwhere common property regimes do function well. If communities aregranted au<strong>to</strong>nomy and full tenure rights, common property regimes doesnot cause degradation of resources, <strong>in</strong>stead many community groupsacross the world are capable of creat<strong>in</strong>g ‘robust’ common propertyregimes result<strong>in</strong>g <strong>in</strong> improved resource condition (see Hobley 1985; Wade1988; Berkes 1989; Berkes et al. 1989; Feeny et al. 1990; Ostrom 1990;Bromley 1992; Shepherd 1992; McKean and Ostrom 1995; Agrawal andOstrom 2001; Me<strong>in</strong>zen-Dick 2006; Larson et al. 2010). They show thatcommon property also ensures equity which means whether <strong>in</strong>dividualsreceive a ‘fair’ return for their contribution <strong>to</strong> ma<strong>in</strong>tenance or not.When expectations of fairness or equity are substantially disappo<strong>in</strong>ted,a property regime is likely <strong>to</strong> breakdown. Oakerson (1986) suggests thatequity problems are exacerbated by asymmetries among users, whichcreate opportunities for some <strong>to</strong> benefit at others’ expense.From the results of a study of a wide range of successful and long-last<strong>in</strong>gcommon property resource <strong>in</strong>stitutions, Ostrom (1990) has highlighted114

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