Tenure security on paper or in reality: De jure vs. de facto forest rights in Nicaragua and Guatemala

Tenure security on paper or in reality: De jure vs. de facto forest rights in Nicaragua and Guatemala

• 1.
  Tenure security onpaper or in reality: De jure vs. de facto forest rights in Nicaragua and Guatemala Dietmar Stoian World Bank Land Conference "Securing Land Tenure and Access for Climate Action" Session on "Indigenous Peoples' and Local Communities' Tenure Rights, Livelihoods and Conservation" Washington, D.C., 14 May 2024
• 2.
  Community Forest Areasin Petén, Guatemala and RACCN, Nicaragua Petén: community forest concessions on >420,000 ha RACCN: indigenous territories on >300,000 ha
• 3.
  Radachowsky et al.(2012) Key aspects of forest tenure and economic performance Guatemala (Maya Biosphere Reserve) • 11 community forest enterprises (CFEs) managing as many community forest concessions on 423,907 ha • >23,000 direct and indirect beneficiaries • Timber sales: US$ 4-5 million per year • Timber sales: US$ 220,000-880,000 per CFE per year • Forest income: ~US$ 500-10,000 per CFE member per year • 19 indigenous territories managing community forests on <100,000 ha • >100,000 direct and indirect beneficiaries • Timber sales: <US$ 0.5 million per year • Timber sales: <US$ 50,000 per CFE per year • Timber income: US$ 230-630 per CFE member per year Nicaragua (RACCN)
• 4.
  Devolution of forestrights and emergence of CFEs Nicaragua Guatemala Start of the devolution process 1987 early 1990s Usufruct rights 'permanent' (titled) 25-year concessions (renewable) Types of communities Indigenous and afro- descendants Mestizo communities; Resident vs. non-resident Emergence of community forest enterprises (CFEs) early 2000s early 1990s Political advocacy Multi-layered governance ACOFOP (since 1995) Shifting focus of govt. authorities From initial support, brokered by IACHR, to increasing confrontation Recognition that forest conservation requires socio-economic benefits accruing to local communities Forest rights disputed by Colonists, illegal loggers, politicians Cattle ranchers, tourism developers, politicians, conservationists (NGOs)
• 5.
  Forest cover changein indigenous territories in RACCN, Nicaragua Titled indigenous territories Ineffective protection of indigenous territories, mainly along principal roads (encroachment)
• 6.
  Forest cover changein community forest concessions in Petén, Guatemala Effective protection of community forest concessions (social fencing) Forest cover change over the period 2001-2023 (Global Forest Watch 2024) Radachowsky et al. (2012) Forest concessions in Maya Biosphere Reserve, Petén
• 7.
  Community Forest Enterprise(CFE) Assets Capital Nicaragua Guatemala Natural 7,000 – 35,000 ha broadleaf forest (andiroba hardwood), but encroachment 19,000 – 54,000 ha FSC certified broadleaf forest (mahogany), with good conservation status Human Poor business management skills, low educational/health status Decent business management skills, moderate educational/health status Social No umbrella organization, weak internal organization, distrust, high dependence on NGOs/projects Umbrella organization, strong network of long-term business partners and service providers Physical Poor or no processing equipment, buildings, or transport means Moderate processing equipment, buildings, and transport means Financial Low income flows, low indebtedness, no working capital Significant income flows, moderate indebtedness, low working capital
• 8.
  Enabling/disabling factors forforest conservation and livelihoods development effective, readily available, advanced, well developed, highly functional moderately effective, existent, developing, functional ineffective, unavailable, rudimentary/inexistent, underdeveloped, dysfunctional Enabling/disabling factors Guatemala Nicaragua Factors outside of the reach of the forest-dependent communities Tenure security (de jure) Tenure security (de facto) Sense of ownership of forest resource base Policy/institutional support from the government Forest/tree management guidelines that account for growth rates and regeneration of trees harvested for timber and NTFPs Access to forest certification (FSC) Scientific evidence of sustainability of timber harvesting with emphasis on species protected by CITES Sense of ownership of forest management/conservation process Technical support from the government Advocacy and technical support from NGOs/projects Access to finance for logging and processing operations Availability of forest products with high commercial value Availability of forest products with high importance for meeting subsistence needs Access to markets for high-value timber species Access to markets for lesser-known timber species Access to markets for NTFPs Complementarity/compatibility between timber and NTFP use Factors within the reach of the forest-dependent communities Effective umbrella organization of community forest enterprises (CFEs) Effective internal CFE organization Technical skills for timber extraction and wood processing at CFE level Business management skills at CFE level Socio-economic benefits of CFE members Positive spillover effects to local communities
• 9.
  Take-home messages ▪ Criticaldistinction: de jure vs. de facto forest rights ▪ De jure rights necessary, but to be backed by govt. enforcement ▪ Enabling/disabling conditions determine the performance of community forest enterprises (CFEs) … but little control by forest-based communities ▪ With appropriate combination of enabling conditions: CFE development can lift people out of poverty and ensure forest conservation ▪ Positive feedback loops: asset building at CFE level ➔ asset building at hh level ▪ Threats and risks: need for better protection of forest rights, focused approaches to enterprise and value chain development, and cross-sector collaboration for aligned service provision and continuous improvement
• 10.
  Thank you [email protected] Dietmar Stoian Specialissue "Value chain development in agriculture: improved support for smallholders and SMEs" Volume 28 – Number 1-2 March 2017 Edited by Donovan, J. Stoian, D & Ferris, S.