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  • GLF session acknowledges difference between tree and land tenure, aims to enhance landscapes

GLF session acknowledges difference between tree and land tenure, aims to enhance landscapes

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A woman roasts shea nuts, before grinding them into a fine paste, in Burkina Faso. Photo by O. Girard/CIFOR

Tenure rights to trees are entangled with, but different from, those to land, meaning both must be acknowledged to incentivize stewardship of the landscape by local communities, said delegates at the Global Landscapes Forum (GLF) in Nairobi on Aug. 29-30.

Thus, land tenure rights, which are widely recognized as being central to advancing sustainable development goals, are only one part of the picture.

This was one of the main takeaways from the panel Rights, access, and values: trees in shifting economic and political contexts – new insights from sub-Saharan Africa, cohosted by the CGIAR Research Program on Forests, Trees and Agroforestry (FTA) and the CGIAR Research Program on People, Institutions and Markets (PIM) at the forum. The panel was chaired by Frank Place, PIM Director.

“We need to do more work to differentiate tree tenure from land tenure,” said Andrew Wardell, senior research associate at the Center for International Forest Research (CIFOR) and coauthor of a study exploring shifts in shea tenure in Burkina Faso.

ACCESS TO SHEA

Claiming tenure over the trees one has planted is a widespread convention across Africa, but shea trees grow wild, so farmers have historically selected and protected them on their lands.

Researchers questioned whether a shea tree belongs to the family that first selected and saved the tree, the family that protected and managed it afterwards. Considerations also included determining whether shea belongs to the wild tree category, in which case, access to the tree is closely linked to access to land.

How these concerns are addressed determines who stands to gain access to, and reap benefits from, a natural resource. Particularly, since customary institutions that formerly regulated access to land and trees are being weakened by new, and rapidly-changing social and economic contexts.

Shea nuts dry after being freed from their pulp and washed in Burkina Faso. Photo by O. Girard/CIFOR

“Internal migration driven by climate change, and a boom in the shea trade are two of the key issues playing out in Burkina Faso as a key shea producer country,” explained Wardell. Traditionally, the kernels were seen as an abundant communal resource, which women collected to derive a reliable year-round source of income.

Yet, customary rules are now failing to keep pace with the new, highly competitive context, noted Wardell. In southwestern Burkina Faso, men increasingly claim ownership of the trees growing in their fields; there are fewer communal areas where access to shea is open to all; and access to an increasingly scarce and marketable resource is pitting first-settlers against new-comers, internal migrants that flee desertification in northern regions of the country.

Researchers observed that “first-comers” try to link access to shea with access to land, which they control. In response, “late-comers” claim access to the trees they protect and manage, or argue shea’s wild nature makes it a communal resource as part of their strategies to re-negotiate their rights of access.

NEW POWER RELATIONSHIPS

Women’s access to trees is also changing in Uganda. “Youth are cutting shea to obtain timber and fuelwood regardless of customary rules and a government ban,” said Concepta Mukasa, representative of the Association of Uganda Professional Women in Agriculture and the Environment.

“The more marketable shea becomes, the bigger the threat to the trees and to women’s livelihoods, so we are helping them come together to advocate for their access rights,” Mukasa explained.

On the bright side, women from the Baganda community in central Uganda are now starting to gain access to Natal fig or “Mutuba” (Ficus natalensis). “The tree used to signal chief-tenancy, so they were not allowed from to plant it or even harvest its fruits; women in that area are not supposed to climb trees,” she pointed out.

Panelists from Ghana (Alberg Katako representing Civic Response) and Kenya (Ben Chikamai representing the Network for Natural Gums and Resins in Africa) echoed similar challenges at the intersection of tenure rights to land and to trees – a tension which increases with the commoditization of natural resources and population pressure. Additional welcome comments on the panel discussion were provided by Ruth Meinzen-Dick from PIM who has a long history of working on land tenure rights and collective action.

Over 70 percent of people in sub-Saharan Africa depend on forests and woodlands for their livelihoods, but two thirds of the continental land-mass are degraded. In this context, a more nuanced approach to tenure rights will have to be part of the equation to build resilient landscapes and livelihoods, agreed the panelists.

By Gloria Palleres, originally published at GLF’s Landscape News

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  • Conflict in collective land and forest formalization: a preliminary analysis

Conflict in collective land and forest formalization: a preliminary analysis

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  • Informal, traditional and semiformal property rights should be fully acknowledged, panel agrees 

Informal, traditional and semiformal property rights should be fully acknowledged, panel agrees 

A father and child are pictures in a garden in Colombia. Photo by Augusto Riveros/TBI
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A father and child are pictured in a garden in Colombia. Photo by Augusto Riveros

LANDac, the Netherlands Academy on Land Governance for Equitable and Sustainable Development, held its annual international conference on June 28-29 in Utrecht, the Netherlands.

Titled “Land governance and (im)mobility”, the conference explored the nexus between land acquisition, displacement and migration.

On the second day of the event, the wide range of parallel sessions included “‘Good Enough Tenure’ in Sustainable Forest and Land Management”, organized by Tropenbos International (TBI), in collaboration with the universities of Wageningen, Freiburg, Campinas and Kyoto, Kadaster Internationaal, the Center for International Forestry Research (CIFOR) and the CGIAR Research Program on Forests, Trees and Agroforestry (FTA).

The session discussed the practical implications of the increasing evidence from research and experiences in different parts of the world on the value and scope of so-called ‘good enough tenure’ arrangements for international and national policymakers and investors.

The main message that emerged from the panel session was that all players need to think beyond formal land regularization to provide enabling conditions for smallholders to secure property rights and incentives for investment.

A lack of formally recognized land and resource property has always been a constraint for small-scale farmers and forest communities. Mainstream land governance focusses largely on tenure regularization as a means to provide security. Smallholders without such formal tenure tend to be excluded from external funding streams, because banks, other private investors, governmental agencies and even some donors often require land titles as collateral to mitigate the risk of default from failed investment.

As a result, these actors have not been able to deal effectively with the mobility and the complex local reality, including the local needs and opportunities that exist in rural and forest areas in tropical countries.

The four panelists – Marieke van der Zon of Wageningen University, Kyoto University and TBI; Peter Cronkleton of CIFOR; Bastian Reydon of Universidade Estadual de Campinas’ Land Governance Group; and Benno Pokorny of University Freiburg – provided hands-on examples from Latin America, providing evidence that there is a variety of formal, informal and semiformal tenure situations and arrangements in these areas.

In many cases these informal, traditional and semiformal property rights are considered good enough for social and economic development and for conservation, as they are respected, upheld and protected by strong local institutions. These good-enough tenure right arrangements should be fully acknowledged as a valuable “local institutional capital” for making trustful and secure arrangements between local smallholders and external actors to engage, to invest and collaborate on a reciprocal basis.

They must therefore play a much more prominent starting point in promoting sustainable, inclusive and equitable development, with the panelists emphasizing the need to understand the local specificity of arrangements, advocating a “fit-for-purpose and place” approach.

Read the panelists’ abstracts: 

View the presentations from the session:

Adapted from the article first published by Tropenbos International. 

  • Home
  • Informal, traditional and semiformal property rights should be fully acknowledged, panel agrees 

Informal, traditional and semiformal property rights should be fully acknowledged, panel agrees 

A father and child are pictures in a garden in Colombia. Photo by Augusto Riveros/TBI
Posted by

FTA COMMUNICATIONS TEAM

A father and child are pictured in a garden in Colombia. Photo by Augusto Riveros

LANDac, the Netherlands Academy on Land Governance for Equitable and Sustainable Development, held its annual international conference on June 28-29 in Utrecht, the Netherlands.

Titled “Land governance and (im)mobility”, the conference explored the nexus between land acquisition, displacement and migration.

On the second day of the event, the wide range of parallel sessions included “‘Good Enough Tenure’ in Sustainable Forest and Land Management”, organized by Tropenbos International (TBI), in collaboration with the universities of Wageningen, Freiburg, Campinas and Kyoto, Kadaster Internationaal, the Center for International Forestry Research (CIFOR) and the CGIAR Research Program on Forests, Trees and Agroforestry (FTA).

The session discussed the practical implications of the increasing evidence from research and experiences in different parts of the world on the value and scope of so-called ‘good enough tenure’ arrangements for international and national policymakers and investors.

The main message that emerged from the panel session was that all players need to think beyond formal land regularization to provide enabling conditions for smallholders to secure property rights and incentives for investment.

A lack of formally recognized land and resource property has always been a constraint for small-scale farmers and forest communities. Mainstream land governance focusses largely on tenure regularization as a means to provide security. Smallholders without such formal tenure tend to be excluded from external funding streams, because banks, other private investors, governmental agencies and even some donors often require land titles as collateral to mitigate the risk of default from failed investment.

As a result, these actors have not been able to deal effectively with the mobility and the complex local reality, including the local needs and opportunities that exist in rural and forest areas in tropical countries.

The four panelists – Marieke van der Zon of Wageningen University, Kyoto University and TBI; Peter Cronkleton of CIFOR; Bastian Reydon of Universidade Estadual de Campinas’ Land Governance Group; and Benno Pokorny of University Freiburg – provided hands-on examples from Latin America, providing evidence that there is a variety of formal, informal and semiformal tenure situations and arrangements in these areas.

In many cases these informal, traditional and semiformal property rights are considered good enough for social and economic development and for conservation, as they are respected, upheld and protected by strong local institutions. These good-enough tenure right arrangements should be fully acknowledged as a valuable “local institutional capital” for making trustful and secure arrangements between local smallholders and external actors to engage, to invest and collaborate on a reciprocal basis.

They must therefore play a much more prominent starting point in promoting sustainable, inclusive and equitable development, with the panelists emphasizing the need to understand the local specificity of arrangements, advocating a “fit-for-purpose and place” approach.

Read the panelists’ abstracts: 

View the presentations from the session:

Adapted from the article first published by Tropenbos International. 

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  • Daniel Murdiyarso talks about the interaction between land and oceans

Daniel Murdiyarso talks about the interaction between land and oceans

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