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Forest restoration and democracy: Making communities visible in Madagascar


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Farming families in Boeny District, northwest Madagascar, rely on oxen for transportation and draft power. Photo by Steven Lawry/CIFOR.
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Landscape restoration will not be fully effective unless it contributes to social as well as ecological benefits.

Recent discussions at the Global Landscapes Forum in Accra, Ghana, which revolved around tenure policy and forest landscape restoration in Madagascar, shed light on some of the issues impeding progress toward achieving positive social and ecological restoration outcomes globally.

The Bonn Challenge and the U.N. Decades on Ecosystem Restoration and Family Farming are important global restoration initiatives. They are designed, organized and funded by U.N. agencies, major donor countries, international non-governmental organizations (NGOs) and participating national governments that have signed on to their ambitious goals for restoring degraded forests, farmland and ecosystems.

Within the framework of the Bonn Challenge, 28 African countries affiliated in the AFR100 (African Forest Restoration Initiative) network are committed to restoring 113 million hectares of degraded forests.

There is wide agreement among experts that communities must be consulted at every stage of the restoration planning and implementation processes.

But too often “consultation” takes the form of perfunctory discussions with communities, and meaningful decisions about land use practices, funding, program design, local governance, incentives, regulation, planned outcomes and distribution of benefits are made by external entities.

In reality, communities lack any real negotiating power, including the ability to reject proposals they consider unrealistic or not in their best interests.   This lack of community authority has significant consequences.

Manony Andriampiolazana, on left, interviews a leader in Ankijabe, Boeny District, Madagascar, forest restoration priorities.

 

Community members actively shape landscapes through decisions about how and where land is used for forests, agriculture, housing and other uses. As such, the outcomes of restoration efforts, positive or negative, are largely in their hands.  While government and NGO planners may recommend or even prescribe adoption of new land use practices and technologies believed conducive to restoration and sustainable use, ultimately communities decide whether or not the recommended practices are practical and realistic.

Because they live and work close to the resource management problems, land users are in the best position to make informed choices about how land can be best managed and sustainably used for environmental, economic and social benefit.  Research has found that practices imposed by outside authorities often lack technical credibility and rarely possess political legitimacy (McLain et al. 2018a).

This link between success in achieving positive outcomes and democratic decision-making is often overlooked in forest restoration programs.  Reference to “consulting” local stakeholders doesn’t come close to describing the decision-making authority local people should exercise.

Governments can create incentives for restoration, but whether or not incentives are appropriate or sufficient to motivate new land use practices is largely a matter for users of land and forests to decide.

Governments can attempt to discourage destructive land use practices through direct regulation and penalties.  But over-reliance on rule making and enforcement can prove unduly burdensome and coercive and turn communities away from a restoration agenda.

Lingering legacy

Colonial powers undercut or eliminated the ability of communities to make collective, democratic decisions about local land use by concentrating ownership rights over land, forests and pasture in the state.

While regulation carefully applied may have a role, communities should have the right to adopt restoration practices as a matter of free, collective choice, derived from secure rights to their local resources, including the right to decide how they are best managed.

CIFOR research found that tenure security motivates community investments in restoration (McLain et al. 2018b).

In much of Africa but also among indigenous communities in Latin America and Asia, customary tenure arrangements ensure access to land as a social right.

In other words, locally recognized systems of resource governance and rights are in place, but these systems too often are not recognized in statute or national law.

Madagascar, which aims to restore 4 million hectares of degraded forest by 2030, and other African governments, seek to “modernize” the property rights system by linking delivery of land rights to statutory instruments, such as title and certification.

Local people who believe that their customary rights are legitimate and secure may sometimes be vulnerable to loss of those rights because customary tenure arrangements are often not recognized under law.

Madagascar case study

Despite guidelines that Madagascar’s restoration plans reflect active engagement with communities and a variety of local stakeholders, research and experience suggests that Malagasy community-based land management institutions and practices are invisible to official authorities.

What is the evidence of this invisibility?

  • Insufficient recognition of community organizations and community resource rights in law.  Malagasy civil law recognizes in principle the right of communities to manage forests.  However, the law does not describe or grant the powers necessary for communities to carry out their management responsibilities.  In practice, community representatives are sometimes consulted by government officials on land use decisions, but community organizations lack sufficient autonomy to manage and enforce local land use initiatives.
  • Failure of projects to systematically engage with legitimate local representatives.  Local NGOs sometimes assert that they legally represent local communities, or hold and exercise rights on behalf of local communities, when communities would dispute that this is the case.
  • A focus on individual property rights instruments, such as titling or certification, which are recognized in law, while most forests and landscapes targeted for restoration are used and managed collectively.  Assignment of individual title to portions of areas historically used collectively further erodes collective rights.
  • The administrative infrastructure and technical resources needed to assign title and other forms of statutory rights in rural areas are very limited.  Poor people face additional barriers to securing title due to high survey and registration costs and limited knowledge of their rights and official procedures.  Moreover, there is evidence that subsequent to the initial titling, right holders do not register transfer of rights due to sale or inheritance, largely because the level of tenure security provided under the customary system is perceived to be adequate or the costs of doing so are considered to be too high. (Ayalew et al. 2019; Lawry et al. 2017).
  • Some individuals (often migrants) who have weak customary rights in places of new arrival may claim statutory title to land as a way of securing rights in ways not possible through the local customary system.  This can undercut the ability of the community to make enforceable collective land use decisions.
  • Lack of motivation for local people who have customary rights to seek land certificates or titles through the statutory system, because of the belief that their customary rights are secure.

Reshaping the terrain

In sum, the future of restoration may be limited if insufficient democracy and tenure insecurity are not addressed. Restoration practices that contribute to positive environmental and social outcomes are more likely to be taken up by local people when they have the degree of control over forests and trees necessary to reap the benefits of their investments.

It is imperative that the Bonn Challenge’s call for engagement with local communities in forest landscape restoration planning and implementation go beyond consultation and address the importance of community governance and secure community rights to land, forests and trees.

Restoring forests, restoring communities: How secure resource rights help communities in Africa restore forests and build local economies session panelists. From left: Chris Buss, IUCN forest programme; Patrick Ranjatson, ESSA-Foret, University of Antananarivo, Madagascar; Steven Lawry, representing the Center for International Forestry Research; Tangu Tumeo, Malawi Forest Department; and Priscilia Wainaina, World Agroforestry Center, Nairobi.

Community self-governance and legal recognition of resource rights are essential preconditions for community–led restoration.  Self-governance is a precondition to negotiating consensus about use practices within communities and rights enable and catalyze action.

In the absence of rights there is no assurance that local communities will have the certainty that the benefits of their labors and investments will accrue to them.

Customary rights can be recognized statutorily, and several African countries have implemented legal reforms that recognize customary tenure (including Botswana, Kenya, Liberia and South Sudan).  But Madagascar has not.

Until Madagascar and other countries take steps to design and implement laws that extend local self-governance and tenure security through, for instance, recognition of customary tenure, it is unlikely that landscape restoration at scale will occur.


By Steven Lawry and Patrick Ranjatson
This article draws on ideas discussed at the interactive session entitled “Restoring Forests, Restoring Communities,” held in Accra, Ghana, 29-30 October 2019, at the Global Landscapes Forum on Restoration in Africa.  Steven Lawry, senior associate at the Center for International Forestry Research (CIFOR), organized and moderated the session.  Patrick Ranjatson, professor at Mention Foresterie et Environnement de l’Ecole Supérieure des Sciences Agronomiques, Université d’Antananarivo (ESSA-Forêts) led a discussion on tenure policy and forest landscape restoration in Madagascar.

Funding from Gesellschaft für Internationale Zusammenarbeit GmbH (GIZ) and  the CGIAR Research Programs on Policies, Institutions and Markets (PIM), led by the International Food Policy Research Institute (IFPRI) supported research in Madagascar in 2018-2019 on which this article was based.   PIM and the CGIAR Research Program on Forests, Trees and Agroforestry (FTA), led by the Center for International Forestry Research (CIFOR) supported the Global Landscapes Forum  interactive session where the research was presented. Opinions expressed are the authors’ alone.


References

Ayalew Ali D, Deininger K, Mahofa G, and Nyakulama R. 2019. Sustaining land registration benefits by addressing the challenges of reversion to informality in Rwanda. Land Use Policy. (In Press)

Baynes J, Herbohn J, Smith C, Fisher R and Bray D. 2015. Key factors which influence the success of community forestry in developing countries. Global Environmental Change Part A 35:226–38.

Lawry S, Samii C, Hall R, Leopold A, Hornby and Mtero F. 2017. The impact of land property rights interventions on investment and agricultural productivity in developing countries: a systematic review, Journal of Development Effectiveness, 9:1, 61-81,DOI: 10.1080/19439342.2016.1160947

McLain R, Lawry S, Ojanen, M. 2018a. Fisheries’ Property Regimes and Environmental Outcomes: A Realist Synthesis Review. World Development. https://www.sciencedirect.com/science/article/pii/S0305750X17303091?via%3Dihub

McLain R, Lawry S, Guariguata M, Reed J. 2018b. Toward a tenure-responsive approach to forest landscape restoration: A proposed tenure diagnostic for assessing restoration opportunities. Land Use Policy. https://doi.org/10.1016/j. landusepol.2018.11.053


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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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https://www.slideshare.net/CIFOR/conflict-in-collective-land-and-forest-formalization-a-preliminary-analysis

Conflict in collective land and forest formalization: a preliminary analysis was presented at the Land and Poverty Conference 2018 in Washington, DC, on March 19-23, 2018.


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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 


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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. 


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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 


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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. 


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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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Center for International Forestry Research (CIFOR) Senior Scientist Daniel Murdiyarso discusses how to protect coastal ecosystems in the face of population growth on the sidelines of the 2018 Asia-Pacific Rainforest Summit (APRS) in Yogyakarta, Indonesia, for which CIFOR and FTA were science and engagement partners.

Originally published by CIFOR.


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