RRI Asia: 2009-2012 Work-Plan SummaryRRI- Asia: Work Program 2011 2012 Preliminary RRI scoping exercises under the Listening, Learning, Sharing Launch (LLSL)1 revealed a set of key

RRI Asia: 2011-2012 Work-Plan Summary I. Regional Overview Dates of planning meetings in 2010: August 9-10: Kathmandu, Nepal August 26-27: Bogor, Indonesia September 30: Kunming, China (Lao PDR) October 1: Kunming, China October 18: Bogor, Indonesia (Stage II) October 20-21: Bangkok, Thailand (Regional)

Strategic outcomes Outcomes Partners/ Collaborators

Region By 2012:

Substantial increase in recognition of community and indigenous rights in forest areas

Substantial strengthening of real rights and ability to exercise rights (regulatory reforms) in order to improve community well-being and livelihoods in an inclusive fashion

Demonstrate how tenure and enterprise reforms can effectively contribute to poverty alleviation through practical implementation undertaken by Partners in various countries

Increase in government support for Alternative Tenure and Enterprise Models (ATEMs) as credible schemes

Free Prior and Informed Consent (FPIC) widely supported by governments and increasingly accepted by private sector

Substantial increase in strength and interconnectedness of local community and indigenous forest organizations and networks

Effective advocacy for policy and market reforms and management of conflict

Increased recognition by governments of the critical role of secure forest tenure in climate change response mechanisms such as REDD

2011:

Continuing transition in forest tenure and regulation in Asia is better understood by tracking recent developments

Asian dialogue on legal principles and drafting of forest laws at the national level is promoted

A new governmental policy network in Asia is activated to initiate new and strengthen existing reforms

The contribution of community forestry in Asia to livelihoods and poverty alleviation is assessed.

Community forestry networks (such as GACF) in the region are strengthened through exchange and training programs and further grassroots mobilization

RRI´s strategic work influences standards and FPIC among private sector

Studies of palm oil plantations and their threat to community forest rights are completed and utilized by advocacy networks

The relationship between legal pluralism and varied forms of forest tenure across different Asian countries are better understood.

Intercoooperation, RECOFTC, FPP, Samdhana, FECOFUN, ICRAF Collab: GACF-Asia, Sawitwatch, HuMa, Helvetas, RDI

Tier 1

China By 2012:

Support creation of new Forest Law and other legal reform

Reform state forest areas

Advance pro-poor reforms and ensure rights of vulnerable and ethnic minority communities

Establish reform of supplementary forest regulatory policies and laws

Improve system of regulatory takings

Enhance viability of small and medium-scale enterprises (SMEs)

Disseminate knowledge about China’s forest tenure and regulatory reforms to other countries, international donors, and the development community

2011:

Support legal reforms through analysis, draft legal text and initiation of dialogue

Development of alternative models of dispute resolution mechanisms helps provide legal redress to local forest-owners

The gender dimensions of forest tenure regimes in China is examined.

Options available for reform of state forest areas in different parts of China are identified

Outcomes from experiments with logging quota alternatives in ethnic minority areas are analyzed.

Forest tenure and regulatory reform in ethnic minority areas is documented and examined.

Communities’ interpretations of forest policy and legal/regulatory structures within ethnic minority areas is examined to inform negotiating future reforms

The full range of benefits from collective forest reform in ethnic minority areas is documented and compared with non-minority areas

ICRAF, RECOFTC, Forest Trends Collab.: SFA, PKU, RDI, IUCN-China, Yunnan Academy of Social Sciences, Yunnan Agricultural University

RRI- Asia: Work Program 2011 2012

Nepal

By 2012:

Ensure community forest property rights in new constitution and legal framework

Develop Terai-based advocates of community forestry and reduce corruption in Terai forests

Ensure government accountability towards communities in climate change policies and programs

Enhance inclusiveness and wider participation in community forestry institutions

Strengthen institutional capacity of FECOFUN

Extend solidarity with IPs and communities in high Himal

Democratize Protected Area governance

Remove barriers and ensure adequate incentives for forest enterprises

2011:

Networking and alliance building expands to include wider group of civil society actors

Advocacy and engagement with political constituencies involved with Constitution creation and forest law is expanded

Existing natural resources and community forestry federations are strengthened

Generation of policy intelligence, constant engagement with bureaucracy, multi-stakeholder dialogue is facilitated

FECOFUN, Intercooperation Collab.: Forest Action, ANSAB, Himwanti, IUCN-Nepal, COFSUN, NRM Confederation, NRM Peoples Parliament

Indonesia

By 2012:

Rights agenda is included in climate change policy

Private sector is made more accountable and respectful of community rights

Legal and policy reforms, tenure and adat rights are recognized

Multi-stakeholder technical support for land use planning that incorporates local rights

Strengthening processes that use national and provincial regulations/practices to support rights and secure livelihoods/local governance

Systems for formal and informal settlement of conflicts over natural resource management are supported and developed

Rights are recognized in conservation – holistic conservation, ecosystem restoration, etc.

Strengthened tenure and stewardship instruments that guarantee sustainable livelihoods and poverty alleviation

2011:

Increased recognition of community and indigenous peoples’ rights in forest areas

The capacity of community forestry user groups to implement and exercise rights, share responsibilities, and promote justice and equity is strengthened

Increased government support for community forestry options and ATEMS

Support for FPIC by governments and private sector is formalized

Forestry networks and organizations are strengthened

Government action is taken on rights recognition in climate change response; through community engagement in climate change discourses and policy formulation and implementation

FPP, ICRAF, RECOFTC, Samdhana Collab.: HuMa, CIFOR, SawitWatch, PUSAKA, Institut Dayakologi, Yayasan Merah Putih, AMAN, FKKM

Laos In 2011:

Promote learning on international experiences of forest tenure and rights

Continue facilitation of exchange visits between Lao and Chinese delegates

2011:

Key personnel from Lao PDR are exposed to China forest tenure reforms in practice

Government officials develop new policy briefs on potential forest tenure reform in Laos

Establishment of working group on forest tenure and regulation

RECOFTC Collab.: NAFRI, NAFES, NLMA, MAF, Dept of Planning

Tier 2

India

By 2012:

Forest Right Acts (FRA) is tracked at implementation level

Communities are empowered through mapping to assert their claims with ministry of tribal affairs

Increased RRI engagement at national governmental level

The internal land-grab phenomenon is well understood.

2011:

Analysis of internal land-grab phenomenon is carried out

Policies and programs related to “public” forestlands, and emerging policies related to carbon trading and mitigating climate change are tracked and documented

RRG, RRI Fellow, SPWD

Thailand

By 2012:

Network of community forestry groups and other CSOs is strengthened

Community forestry bill operationalized on the ground with necessary legal instruments

2011:

Community forestry networks are strengthened by establishing linkages with global networks

Input is provided to improve ongoing development of CF bill and related policies

RECOFTC, FPP, ICRAF, Samdhana Collab.: GACF, CF Network-Thailand

Overall budget requested for 2011: $1,351,498.


II. Planning Teams 2.1 Regional Planning Team

Partner Participant Email

FECOFUN *Apsara Chapagain Bhim Prakash Khadka

[email protected]

FPP Marcus Colchester [email protected]

FPCD Yati Bun [email protected]

Forest Trends *Kerstin Canby *Michael Bennett

[email protected] [email protected]

ICRAF *Ujjwal Pradhan Gamma Galudra


RECOFTC Yam Malla James Bampton


CIFOR *William Sunderlin [email protected]

GACF Asia Ghan Shyam Pandey [email protected]

RRI Board – Philippines *Doris Capistrano [email protected]

RRI Fellow Madhu Sarin [email protected]

RRI Asia Facilitator/RECOFTC Ganga Dahal [email protected]

RRG Arvind Khare Nayna Jhaveri


Samdhana Institute *Chip Fay [email protected]

Swiss Intercooperation Bharat Pokharel (IC Nepal) *Jane Carter (IC Berne)


*invited but did not attend regional meeting 2.2 Current collaborators in region (29 organizations in 6 countries) Helvetas – Bhutan NAFRI – Lao PDR Rural Development Institute (RDI) – China NAFES – Lao PDR

State Forest Administration (SFA) – China National Land Management Agency – Lao PDR Peking University (PKU) – China Ministry of Agriculture and Forestry – Lao PDR IUCN-China Department of Planning – Lao PDR Yunnan Academy of Social Sciences – China Yunnan Agricultural University – China Global Alliance of Community Forestry (GACF) Asia – Nepal Forest Action – Nepal ANSAB – Nepal HIMWANTI – Nepal IUCN-Nepal COFSUN – Nepal NRM Confederation – Nepal NRM Peoples Parliament – Nepal HuMa – Indonesia CIFOR – Indonesia SawitWatch – Indonesia PUSAKA – Indonesia Institut Dayakologi – Indonesia Yayasan Merah Putih – Indonesia AMAN – Indonesia FKKM – Indonesia Society for Promotion of Wastelands Development – India

mailto:[email protected]








III. Asia- Regional 3.1 Regional Overview

3.2 RRI Strategy in Asia

Rationale for engagement In the last two decades, forested countries in South, Southeast and East Asia have undergone major changes in forest cover, forest policy and socio-economic development. Natural forests have dramatically decreased in size in countries where state ownership dominates due to state-sponsored deforestation and logging (e.g., Indonesia, Lao PDR). On the other hand, restoration is increasing where tenure is shifting toward communities (e.g., Nepal, China, and Vietnam). In recent years, four major driving forces are influencing changes in forestland tenure and management regimes in key Asian countries. The first is the well-established trend intensifying demand for timber, particularly in emerging Asian countries. Not only is overall demand for timber in rapidly developing countries such as China expanding at a rapid pace but this trend is being accelerated because its own environmental moves to ban logging in upland watersheds to protect against devastating floods has put further pressure on the need for timber imports. Its implication is primarily being felt within the region as these needs are being met from neighboring South East Asian countries. The second set of forces are new moves by national governments, such as in Nepal, to weaken already existing community rights over forests in order to recentralize state power over forest lands. There are a range of rationalities behind such moves ranging from the growing commercial viability of community forests to the need to weaken increasingly powerful community forestry federations. The third are the initiatives to mitigate climate change that have produced a major spike in land investments for bio-fuels plantations and alternative energy sources in forest areas. This is reflected in the expansion of palm oil plantations, now increasingly popular as a biofuel, in countries such as Indonesia. The fourth is the REDD+ agenda that has the potential to convert forests away from productive use for the community‘s benefit to restorative use for global climate change mitigation. As a result, there is greater pressure on governments to reallocate land away from community and household access towards these new demands. New REDD projects are already in preparatory stages without having clarified the forest tenure rights nor the communities that will benefit from this new form of green finance. Therefore, major shifts to forestland tenure now threaten many of Asia‘s forest dependent communities who have inhabited these areas for generations.

Key threats and opportunities

Poverty, tenure and forest emissions in Asia

There are 625 million rural poor (<$1/day) living in Asia — 71% of the world total.

68% of the region‘s forests claimed by government (see adjacent chart) — 54% of global forest carbon emissions.

UN-REDD: 3 countries; WB FPCF: 4 countries (two tier 1: Laos & Nepal.)

Sources: Ravaillon & Chen. 2007. Absolute Poverty

Measures for the Developing World, 1981-2004. World Bank Policy Research Working Paper 4211. World Resources Institute. 2008. GHG Emissions from Land-Use Change & Forestry in 2000. http://cait.wri.org/


Preliminary RRI scoping exercises under the Listening, Learning, Sharing Launch (LLSL)1 revealed a set

of key threats. Landscapes and tenure systems in many forested countries are characterized by land-use classifications that emerged from national planning processes which overlooked realities on the ground. In many cases throughout Asia, forest rights by local communities and indigenous peoples are either missing in relevant legislation or given incomplete and unenforced recognition in the law. Furthermore, national or local government regulations often restrict the management and marketing of forest-based products and there is sparse understanding of the relationship between forest ecosystem management practices and poverty. Another recent RRI report entitled, From Exclusion to Ownership

2, indicates that

although forest tenure worldwide is transitioning toward more community and household ownership, 68% of the forest estate in Asia remains claimed by governments. Still, some countries in Asia are making globally significant progress. For example, in China, recent government reforms have granted greater decision-making power to members of collectives and have enabled individual households to acquire usage rights to forest plots. This initial recognition of rights and set of devolution measures are now being deepened by new sets of policy moves that enable farmers to actually realize the benefits of these rights such as the creation of land transfer mechanisms, mortgage arrangements, and protections against large-scale acquisition of forestland by the private sector. In India, the government recently ratified the Forest Rights Act, which legally empowers forest communities to own, manage and protect forest lands on which they have traditionally resided. This, in essence, overturns the long-term colonial process of historical injustices whereby indigenous peoples were disenfranchised from the forestlands they had inhabited for generations. In Nepal, the history of community forestry has productively utilized the use and management rights to forests through community forestry user groups to improve ecological and economic wellbeing. The overall trend here is of developing new institutional mechanisms whereby marginal and vulnerable communities such as low-caste groups, women and indigenous peoples are able to actively participate in the decision-making processes of community forestry user groups. Furthermore, funds generated from community forestry are also being utilized to support poor members of the village.Lastly, the Laotian government is actively engaged in learning from forest tenure and regulatory systems in the region, especially from China, with a view to developing reforms appropriate to the particular ecological, population and production conditions within the country.These divergent country cases create an opportunity for RRI Partners to share lessons and help leverage change within the region. Asia represents a particularly critical area for RRI because progress made on tenure and policy in the region has the potential to influence global ―best practices‖ on implementation and legal reform. Gradual transitions in forest governance, such as those listed above, provide effective entry points for coalition engagement to advance RRI goals of more secure forest tenure and improved livelihoods.

The following two themes have been identified to help focus the of work in Asia, and are : First, supporting social movements and regional community forest networks to advance rights and regulatory reforms such as FECOFUN in Nepal and the Global Alliance of Community Forestry (GACF); encouraging links to agrarian reform and indigenous people‘s movements and facilitating the emergence of the next generation of leaders. Second, providing new analysis and policy dialogue confronting three myths: forests are empty and owned by the state, forest industries are making positive contributions to generate revenue and development, and forest agencies are effective. RRI aims to create a new Asian policy forum for informal rethinking of forests, underpinned by a new forest science in which the real political economy of forests is clarified.

Such a new approach might also look afresh at:

1 Colchester, Marcus and Fay, C. Land, Forest and People: Facing the Challenges in Southeast Asia. Rights and Resources Initiative, Listening, Learning and Sharing Asia Final Report. September 2007. 2 Sunderlin, William, et al. Who Owns the Forests in Asia?: An introduction to the forest tenure transition in Asia, 2002-2008. December 2008.


rights and REDD

how the poverty issue cross-cuts with forest tenure/regulation and persists

look beyond the forestry box to include agrarian issues and wider sets of institutions

the energy transition: agro-fuels and extractives, tenure questions related to more than forests: carbon, minerals, water etc.

the threat of new land grabs as the financial crisis eases

conflicts over natural resources and how to resolve them

the challenges from migration and mobility, reappraise existing forums like ASEAN, AFP and processes like FLEGT, and

rethinking the rights and responsibilities implied by a devolution of control of forests from the State to the local communities.

This dialogue would seek to reach not just the grassroots movements, but also government officials, legislators, and policy-oriented research groups at national level. Tools would include:

media work

sharing of experiences between countries

making comparative assessments which highlight: progress and setbacks; leaders and laggards.

Tier 1 Countries Four countries in Asia are identified as tier-one countries: China, Indonesia, Lao PDR and Nepal. China was selected because it is undertaking globally significant tenure reforms. At the same time, forests rights are threatened in the name of environmental protection carried out in the national interest. In addition, China has a very active network of collaborators working on rights and tenure and RRI has a good grasp and influence on these issues. Indonesia has the largest land-base, population and forest cover in Southeast Asia. High deforestation rates, social exclusion and land consolidation by agro-business and forest industries continue to be at the center of Indonesia‘s unsustainable and inequitable development path. More recently, Indonesia is now one of the focal countries for REDD projects around the world. As such, the government has become the beneficiary of bilateral agreements, such as with Norway, that provide greening funds in exchange for reducing emissions from deforestation. A comprehensive review of RRI Partner activities related to rights and resources in Indonesia, suggests that there is no other ‗tier one‘ country where there is such convergence of RRI priority activities and Partners. In Lao PDR, a stakeholder consultation meeting held in 2009 at the Ministry of Forestry and Agriculture reiterated government interest and commitment to advance the agenda on tenure and rights. A reactivated national level tenure task force under National Land Management Authority (NLMA), headed by the Director General of National Agriculture and Forestry Research Institute (NAFRI), provides a strategic opportunity for RRI to engage with and support government initiatives on tenure rights. A recent visit to China by key governmental officials to study forest tenure and regulation is now being followed up by a policy brief that examines new policy possibilities for domestic tenure reform as well as the creation of a China-Lao working group that will examine a number of key reform themes of mutual interest. Nepal is currently undergoing a historic political transition that will determine the future of millions of poor, especially resource-dependent communities in the coming years. The creation of a new Constitution has opened up avenues for including recognition of community property rights in ways that will safeguard village-level community forestry institutions at the highest legal level. RRI Partners and Collaborators are mobilizing rural communities and activating a number of key constituencies to inform the current policy dialogue on the importance of community forestry practices and land tenure and ensure that the new Constitution enshrines community forest rights.

Tier 2 Countries Tier 2 countries in Asia are those designated for selective strategic engagement and where the coalition encourages incremental change at the national level. To leverage change in the tier 2 countries, RRI has


identified countries where political window has just opened and provides the opportunity to deepen networks and engage with key constituencies to ensure progress in tenure reforms. Based on these criteria, RRI Partners in Asia determined in 2010 that tier 2 countries would include India and Thailand. India, with its recently enacted Forest Rights Act, has opened the political space for assertion of land claims by tribal communities who are primarily dependent on forests for their livelihoods. Initial activities in 2008-2009 by RRI confirm a big movement by tribal communities and other institutions for major reforms. Therefore, is engaged in a number of ways in India: tracking of the Forest Rights Act, assistance with mapping to assert community claims, engagement with the Ministry of Tribal Affairs, and examining the internal land grab phenomenon within these forested lands. Coalition Partners acknowledge that Thailand, given the lack of statutory law recognizing community rights requires coordinated action. For strengthening the current network of community forestry groups and CSOs in Thailand could be instrumental to bringing the rights agenda attention at the policy level. The existence of a critical mass of RRI Partners along with RECOFTC working in Thailand is an added value for engagement in Thailand.

Strategy and Opportunities: In the current context, new developments are playing an increasingly important role in the transformation of forest rights. Firstly we have seen an acceleration in land grabs (including forests) by both domestic and international companies. This is being driven by expanding global markets for fuels, food and fiber. This land grab phenomenon is being exacerbated by an intensification in the allocating land for climate change mitigation and conservation purposes. At the same time, there has been a transformation in the role of traditional international aid in financing forestry related budgets within developing countries. Instead, new sources of funding are emerging that include: REDD+ budgets, non-traditional donors (such as China and Middle East), and expanded private sector investments that do not give as much importance to social and environmental standards, the safeguarding of rights and livelihoods, and governance reforms. These new sources of funding are emboldening governments in weakening or rolling back forest rights already in existence. Thirdly, the experience of Papua New Guinea illustrates the importance of moving beyond simply formal allocation of rights to forests. Here, the practical ability to implement these rights in practice through the development of local capacity and institutional structures needs to be facilitated. There is a need to examine the implications of these overall developments for defending and deepening forest tenure and regulation reforms in our Tier I and Tier II countries. At the same time, we have also seen new potential points of leverage for moving forward the forest rights agenda. Firstly, in a number of countries, there are new moves afoot to establish human rights councils and also intensify scrutiny of human rights abuses in relation to land and resource rights. Secondly, given that the private sector is increasingly cognizant of the high costs associated with ongoing land and forest conflicts, this sector is also recognizing the importance of legal and policy reforms that clarify and secure rights in order to assure the profitability of their enterprises. As such, there is scope for the development of national standards for the private sector. Outcomes for the region by 2012

1. Substantial increase in recognition of community and indigenous rights in forest areas; 2. Substantial strengthening of real rights and ability to exercise rights (regulatory reforms) and

improve community well-being and livelihoods in an inclusive fashion; 3. Demonstrate from practical implementation undertaken by partners in various countries how

tenure and enterprise reforms can effectively contribute to poverty alleviation; 4. Increase in government support for Alternative Tenure and Enterprise Models (ATEMs) as

credible schemes; 5. Free Prior and Informed Consent (FPIC) widely supported by governments and increasingly

accepted by private sector; 6. Substantial increase in strength and interconnectedness of local community and indigenous

forest organizations and network; 7. Effective advocacy for policy and market reforms and management of conflict; 8. Increased recognition by governments of the critical role of secure forest tenure in climate change

response mechanisms such as REDD.

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01

2

Tier 1: China

10

. Im

pro

vin

g fo

rest

far

me

rs’

lan

d r

igh

ts t

hro

ugh

lega

l aid

an

d e

du

cati

on

se

rvic

es

Lega

l aid

ce

nte

r in

Ch

on

gqin

g to

de

velo

p a

mo

de

l fo

r ad

dre

ssin

g fa

rme

r’s

lega

l co

nce

rns

on

fo

rest

lan

ds

(on

e-

year

pro

gram

)

RD

I $

40

,00

0.

$3

0,0

00

. $

30

,00

0.

11

. En

suri

ng

that

po

or

wo

me

n

be

ne

fit

fro

m f

ore

stla

nd

re

form

s in

Ch

ina

Re

sear

ch g

en

de

r d

ime

nsi

on

s o

f fo

rest

lan

d r

efo

rms

in

Ch

ina

lead

ing

to r

eco

mm

en

dat

ion

on

ge

nd

er-

sen

siti

ve

stra

tegy

on

fo

rest

lan

d r

efo

rms

RD

I $

30

,00

0.

$1

5,0

00

.

12

. De

velo

p a

n u

nd

ers

tan

din

g o

f co

mm

un

ity

pe

rsp

ect

ive

s o

n

po

licy

refo

rms

wit

hin

co

llect

ive

fo

rest

s in

So

uth

we

st C

hin

a

Exam

ine

co

mm

un

itie

s’ in

terp

reta

tio

ns

of

po

licy

and

le

gal/

regu

lato

ry s

tru

ctu

res

wit

hin

th

ree

pro

vin

ces

of

sou

thw

est

Ch

ina

RD

I an

d Y

un

nan

Aca

de

my

of

Soci

al S

cie

nce

s $

30

,00

0.

$2

9,2

48

. $

16

,09

0.

13

. Ab

ility

to

be

ne

fit

fro

m

colle

ctiv

e f

ore

st r

efo

rm: c

ase

st

ud

y in

Yu

nn

an

Re

sear

ch t

he

var

ied

dim

en

sio

ns

of

be

ne

fits

fro

m

colle

ctiv

e f

ore

st r

efo

rm in

Yu

nn

an, i

ncl

ud

ing

eth

nic

m

ino

rity

po

pu

lati

on

s, w

ith

a v

iew

to

de

velo

pin

g p

olic

y re

com

me

nd

atio

ns

ICR

AF-

Ch

ina

an

d C

hin

ese

A

cad

em

y o

f Sc

ien

ces

(Ce

nte

r fo

r M

ou

nta

in E

cosy

ste

m

Stu

die

s)

$3

0,0

00

. $

20

,29

0.

14

. Re

com

me

nd

atio

ns

fro

m

Logg

ing

Qu

ota

Exp

eri

me

nts

in

Yu

nn

an

An

alyz

e t

he

exp

eri

me

nts

in Y

un

nan

wit

h a

vie

w t

o

de

velo

pin

g re

com

me

nd

atio

ns

Yu

nn

an A

gric

ult

ura

l U

niv

ers

ity

$2

8,0

00

$

28

,80

0.

$1

5,0

00

.

15

. R

efo

rm o

f st

ate

fo

rest

ar

eas

in N

ort

he

ast

Ch

ina

Jo

int

pro

ject

wit

h W

orl

d B

an

k o

n id

en

tify

ing

eff

ect

ive

ap

pro

ach

es

for

stat

e f

ore

st r

efo

rm

Pe

kin

g U

niv

ers

ity

$3

0,0

00

.

16

. R

esi

stan

ce, r

esi

lien

ce a

nd

re

con

stru

ctio

n o

f fo

rest

te

nu

re

in e

thn

ic m

ino

rity

re

gio

ns

of

Sou

thw

est

Ch

ina

in r

esp

on

se t

o

colle

ctiv

e f

ore

st r

efo

rm

Exam

ine

th

e w

ay in

wh

ich

fo

rest

te

nu

re a

nd

re

gula

tory

re

form

is u

sefu

l in

min

ori

ty a

reas

lead

ing

to

reco

mm

en

dat

ion

s a

nd

po

licy

bri

efs

ICR

AF-

Ch

ina

an

d C

hin

ese

A

cad

em

y o

f Sc

ien

ces

(Ce

nte

r fo

r M

ou

nta

in E

cosy

ste

m

Stu

die

s)

$

40

,66

0.

Tota

l Fu

nd

s R

eq

ue

ste

d f

or

Ch

ina

Act

ivit

ies:

$

18

8,0

00

. $

16

3,9

98

. $

61

,09

0.

Tier 1: Nepal

17

. En

sure

co

mm

un

ity

fore

stry

p

rop

ert

y ri

ghts

in n

ew

co

nst

itu

tio

n a

nd

lega

l fr

ame

wo

rk

Ad

voca

cy a

nd

co

nsu

ltat

ion

wit

h N

RM

an

d p

olic

ymak

ers

to

p

rovi

de

str

ate

gic

inp

ut

and

an

alys

es

to C

A, t

ask

forc

es

and

N

PLG

NR

M C

on

fed

era

tio

n (

all

me

mb

ers

of

NR

MC

, In

terc

oo

pe

rati

on

an

d F

ore

st

Act

ion

)

$2

0,0

00

. $

6,0

00

. St

aff

tim

e

con

trib

uti

on

by

IC e

qu

ival

en

t to

$

3,0

00

.

18

. De

velo

p T

era

i-b

ase

d

advo

cate

s to

fig

ht

for

com

mu

nit

y fo

rest

ry a

nd

re

du

ce

corr

up

tio

n in

Te

rai f

ore

sts

Pu

blic

he

arin

g an

d a

ud

itin

g, d

ialo

gue

on

an

tico

rru

pti

on

, in

tera

ctio

n a

mo

ngs

t TC

N, N

TFP

co

mm

itte

e a

nd

tim

be

r e

ntr

ep

ren

eu

rs, m

ed

ia m

ob

iliza

tio

n a

nd

an

aly

sis

of

key

po

licy

do

cum

en

ts

FEC

OFU

N (

Me

dia

ho

use

s,

CO

FSU

N, N

RM

par

liam

en

t,

Inte

rco

op

era

tio

n, F

ore

st

Act

ion

)

$2

0,0

00

. $

10

,00

0.

19

. En

suri

ng

gove

rnm

en

t ac

cou

nta

bili

ty t

ow

ard

s co

mm

un

itie

s in

clim

ate

ch

ange

p

olic

ies

and

pro

gram

Cri

tica

l re

vie

w a

nd

exp

eri

en

ce s

har

ing

of

nat

ion

al c

limat

e

chan

ge p

olic

y an

d p

rogr

ams,

cre

atio

n o

f sh

ado

w p

olic

y o

n

clim

ate

ch

ange

Inte

rco

oo

pe

rati

on

(Fo

rest

A

ctio

n, F

ECO

FUN

) $

20

,00

0.

$4

,00

0.

$3

,00

0 (

IC)

Staf

f Ti

me

20

. En

han

ce in

clu

sio

n a

nd

p

arti

cip

atio

n in

co

mm

un

ity

fore

stry

inst

itu

tio

n

Mo

bili

ze w

om

en

lead

ers

th

rou

gh in

tera

ctiv

e d

ialo

gue

s,

me

eti

ngs

an

d w

ork

sho

ps

in T

era

i; a

nal

yze

dra

ft o

f C

A

com

mit

tee

fro

m g

en

de

r p

ers

pe

ctiv

e

HIM

WA

NTI

(FE

CO

FUN

, Fo

rest

Act

ion

, NR

MP

an

d

Dra

ft.c

om

)

$1

5,0

00

.

RR

I- A

sia

: W

ork

Pro

gra

m 2

011 2

01

2

Tier 1: Nepal

21

. Str

en

gth

en

inst

itu

tio

na

l ca

pac

ity

of

FEC

OFU

N

De

velo

p lo

ng-

term

str

ate

gic

pla

n b

ase

d o

n in

de

pe

nd

en

t in

stit

uti

on

al a

sse

ssm

en

t. E

stab

lish

dat

abas

e t

o m

on

ito

r C

FUG

s.

CO

FSU

N (

Fore

st A

ctio

n,

Inte

rco

op

era

tio

n, N

RM

Fe

de

rati

on

, co

nsu

ltan

ts)

$2

0,0

00

.

22

. Ext

en

d s

olid

arit

y w

ith

IPs

and

co

mm

un

itie

s in

hig

h h

imal

Pre

par

e p

osi

tio

n p

ape

r o

n IP

an

d lo

cal c

om

mu

nit

y ri

ghts

in

hig

h h

imal

, est

ablis

h a

nd

str

en

gth

en

ne

two

rk t

hro

ugh

m

ed

ia o

utr

eac

h, d

ialo

gue

s an

d p

ub

lish

ed

an

alys

es

GA

CF

(In

terc

oo

pe

rati

on

, FE

CO

FUN

, Fo

rest

Act

ion

, Lo

cal V

DC

s)

$2

2,0

00

.

23

. De

mo

crat

ize

Pro

tect

ed

A

rea

gove

rnan

ce

Re

vie

w b

uff

er

zon

e g

uid

elin

es,

co

nve

ne

wo

rksh

op

s o

n P

A

gove

rnan

ce a

nd

ho

ld in

form

al c

on

sult

atio

ns

wit

h

po

licym

ake

rs w

ith

an

aim

to

pro

du

ce p

olic

y b

rie

fs

Fore

st A

ctio

n (

FEC

OFU

N a

nd

C

om

mu

nit

y D

ev.

O

rgan

izat

ion

)

$2

2,5

00

.

24

. Re

mo

ve b

arri

ers

an

d

en

sure

ad

eq

uat

e in

cen

tive

s fo

r fo

rest

en

terp

rise

s

Do

cum

en

t e

xpe

rie

nce

s an

d d

isse

min

ate

ass

ess

me

nt

of

bar

rie

rs in

ord

er

to s

tre

ngt

he

n n

etw

ork

of

com

mu

nit

y e

nte

rpri

ses;

pro

du

ce a

nal

yse

s o

n f

ore

st-b

ase

d e

nte

rpri

ses

GA

CF

(AN

SAB

, Fo

rest

Act

ion

, In

terc

oo

pe

rati

on

, FEC

OFU

N)

$2

0,0

00

.

Tota

l Fu

nd

s R

eq

ue

ste

d f

or

Ne

pa

l Act

ivit

ies:

$

15

9,5

00

. $

20

,00

0.

$6

,00

0.

Tier 1: Indonesia

25

. Le

gal a

nd

po

licy

refo

rm

ten

ure

an

d a

dat

rig

hts

are

re

cogn

ize

d

Le

gal r

efo

rm p

latf

orm

Le

gal p

lura

lism

P

utt

ing

righ

ts in

to s

pat

ial

pla

nn

ing

P

utt

ing

righ

ts in

to

tran

smig

rati

on

C

oo

rdin

atio

n a

mo

ng

refo

rm a

ctiv

ists

, dia

logu

e w

ith

lin

e m

inis

trie

s, a

dvo

cacy

wit

h le

gisl

atu

re

D

esk

re

vie

ws

of

ten

ure

s, p

lura

lism

an

d c

on

flic

t re

solu

tio

n r

evi

ew

, plu

ralis

m a

nd

co

nfl

ict

revi

ew

(3

ap

plie

d c

ase

stu

die

s), l

ear

nin

g ci

rcle

on

agr

aria

n

refo

rm a

nd

ad

at

in W

est

Su

mat

ra, 1

nat

ion

al

wo

rksh

op

D

istr

ict

leve

l dia

logu

es

wit

h p

lan

ne

rs, d

eve

lop

GIS

la

yers

wit

h v

illag

e lo

cati

on

s an

d c

ust

om

ary

lan

d u

se

dat

a

C

ase

stu

die

s o

f ri

ghts

vio

lati

on

s; d

ialo

gue

wit

h

Min

istr

y, w

ork

sho

p w

ith

loca

l off

icia

l

FP

P (

Hu

Ma,

Sam

dh

ana

, IC

RA

F)

FP

P (

Hu

MA

, REC

OFT

C)

FP

P (

Inst

itu

t D

ayak

olo

gi,

Sam

dh

ana

Pap

ua

wo

rk,

ICR

AF)

FP

P (

YM

P, A

MA

N)

$

20

,00

0.

$

20

,00

0.

$

20

,00

0.

$

20

,00

0.

$

20

,00

0.

26

. Pri

vate

se

cto

r m

ade

mo

re

acco

un

tab

le a

nd

re

spe

ctfu

l of

hu

man

rig

hts

H

TR r

evi

ew

Lega

l an

alys

is a

nd

imp

licat

ion

fo

r ri

ghts

su

mm

ary,

re

vie

w

of

soci

oe

con

om

ic, l

ive

liho

od

an

d e

cosy

ste

m o

utc

om

es

of

actu

al H

TR, a

dvo

cacy

lin

ked

to

IFC

an

d H

TI p

lan

s

FPP

(Sa

md

han

a, IC

RA

F)

$2

0,0

00

.

27

. Str

en

gth

en

ed

te

nu

re a

nd

st

ew

ard

ship

inst

rum

en

ts t

hat

gu

aran

tee

su

stai

nab

le

live

liho

od

s an

d p

ove

rty

alle

viat

ion

St

ud

y o

n t

he

ne

xus

of

ten

ure

an

d p

ove

rty

Ten

ure

-tra

nsf

er

inst

rum

en

ts b

ase

d o

n f

ore

st r

egu

lati

on

s su

ch a

: H

Km

, HTR

, Hu

tan

De

sa a

nd

par

tne

rsh

ip (

PH

BM

) w

ill b

e in

vest

igat

ed

ICR

AF

(REC

OFT

C, S

amd

han

a

$2

0,0

00

.

T i e28

. Re

visi

tin

g an

d u

pd

atin

g th

e t

en

ure

ass

ess

me

nt

in

Ind

on

esi

a b

y u

pd

atin

g th

e

Stu

dy

will

up

dat

e a

nd

ad

d t

he

issu

e o

f H

uta

n D

esa

an

d

Hu

tan

Tan

ama

n R

akya

t as

we

ll a

s ad

dre

ssin

g th

e q

ue

stio

n

of

lega

lity

in t

he

co

nte

xt o

f cl

ima

te c

han

ge

ICR

AF

(HSA

, Sam

dh

ana,

H

uM

a, M

FP (

Ke

hat

i))

$

50

,00

0.

RR

I- As

ia: W

ork

Prog

ram

201

1 20

12 –

10

Dec

-10

book

on

Stre

ngth

enin

g Fo

rest

M

anag

emen

t in

Indo

nesi

a th

roug

h La

nd T

enur

e Re

form

: Is

sues

and

Fra

mew

ork

for

Actio

n 29

. Net

wor

k st

reng

then

ed

and

supp

ort p

rovi

ded

for

soci

al m

ovem

ents

•

Advo

cacy

on

law

on

indi

geno

us p

eopl

e •

Nat

iona

l con

fere

nce

on

cons

erva

tion

and

indi

geno

us p

eopl

e

• Ad

voca

cy w

ork

at n

atio

nal a

nd p

rovi

ncia

l lev

el

• Br

ingi

ng m

ore

than

500

IPs a

nd o

ther

stak

ehol

ders

to

disc

uss t

he n

exus

bet

wee

n IP

s wis

dom

on

cons

erva

tion

AMAN

(FPP

, HuM

a, o

ther

st

akeh

olde

rs)

$15,

000.

$15,

000.

Tota

l Fun

ds R

eque

sted

for I

ndon

esia

Act

iviti

es:

$120

,000

. $1

00,0

00.

Tier 1: Lao PDR

Cont

inua

tion

of 2

010

activ

ities

30

. Pre

para

tion

of p

olic

y br

ief

Lao

dele

gate

s vis

iting

Chi

na w

ill p

repa

re a

pol

icy

brie

f on

tenu

re a

nd ri

ghts

, whi

ch w

ill a

lso

incl

ude

lear

ning

from

Ch

ina

and

colle

ctiv

e re

com

men

datio

n fo

r Lao

PDR

RECO

FTC

(NAF

RI, M

AF, N

uOL,

N

AFES

, NLM

A)

$5,0

00.

31. S

hare

d le

arni

ng w

orks

hop

Conv

ene

a w

orks

hop

in L

ao P

DR to

shar

e ex

perie

nces

on

fore

st te

nure

righ

ts w

ith se

lect

ed k

ey re

sour

ce p

erso

ns

from

oth

er c

ount

ries

RECO

FTC

(NAF

RI, M

AF, C

IFO

R,

NuO

L, N

AFES

, Dep

artm

ent o

f Pl

anni

ng, N

LMA)

$20,

000.

$1

0,00

0.

New

act

iviti

es fo

r 201

1 32

. Exp

osur

e vi

sit o

f key

pe

rson

nel f

rom

Lao

PDR

to

Chin

a

Sele

cted

add

ition

al k

ey p

erso

nnel

from

the

MAF

and

N

LMA

will

vis

it Ch

ina

to le

arn

Chin

ese

expe

rienc

e on

te

nure

refo

rm a

nd a

dvis

e ap

prop

riate

pol

icy

reco

mm

enda

tions

for L

ao P

DR

RECO

FTC

(NAF

RI, M

AF, N

LMA)

$2

5,00

0.

$5,0

00.

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IV. Tier 1 Country- China

4.1 RRI Strategy Background: Since the early 2000s, numerous reforms were initiated in the forest use and management sector in China. New legislation and policies have been introduced within China‘s collective forest areas that enable the village committee to determine whether the use, management and other rights to forestlands of various types in the collective are to be handed over to individual household control under long-term contracts or retained within the villages‘ collective mandate. This has been justified on the basis that such an approach will most effectively lead to the reduction of poverty and advance local livelihoods. As these reforms have proceeded, the central government has also sought to develop supplementary provisions that establish quotas on logging by households, enable the transaction of land rights, strengthen the legal protections offered to villagers against coerced acquisition of lands, as well as expand the support for obtaining investment loans. RRI-sponsored research shows that these forest tenure and regulatory reforms have generally yielded higher household incomes and increased afforestation rates in forest areas. Yet despite the positive outcomes of earlier reforms, there remain significant challenges to securing tenure, management, extraction and compensation rights in practice that enable the realization of forest tenure in the interests of villagers. There are a number of challenges raised by the present form of collective and state forest management: 1. Regulatory Takings. Since the major Changjiang floods of 1998, China has vigorously expanded forest protection leading to new forms of ―payment for environmental services‖ in exchange for restricting use rights on these forested and steep sloping agricultural lands. Such new policies have not necessarily followed due process (such as FPIC) nor provided adequate compensation. Added to this ongoing issue of protecting the critical watersheds, there is the added likely tension between villagers‘ needs and state welfare interests in future climate change mitigation programs such as REDD+ (through such vehicles as the Green Carbon Fund) that will pose challenges to ownership and management rights in forests. 2. Collective and Individual Forestland Rights. While the present laws do give the members of the collective (based on 2/3 majority vote) the authority to decide what type of management system they want to establish, at the same time, central government policies continually advocate the individualization of forest property rights. As such, there can be, in some localities, a certain tension between the move towards ―privatization‖ and the effect of the Village Organic Law process. The rationale behind the preference for maintaining collective ownership of forestlands needs further examination, particularly in ethnic minority areas. Added to this is the issue of how questions of gender equality are addressed within forest tenure regimes. There are no specific policies or regulatory stipulations that provide for gender equality in the process of forestland allocations. As such, power then resides by default with the head of household who is typically the husband. 3. Supplementary Regulatory Policies. A number of recent policies that are supplementary to forestland allocation require both strengthening as well as formalization into law. While there are regulatory restrictions on the conditions under which land transactions can take place, recent research on large-scale land acquisitions in Guangxi indicates that transactions are being carried out through improper procedures and coercive measures, involving the local government, middlemen, and the private sector. As such, clear and more integrated legal provisions need to be established to protect farmer‘s interests in land transactions. Allied to this is the question of how best to establish effective benefit-sharing mechanisms between farmers and companies. Additionally, harvesting quotas allocated by the government‘s forestry bureaus (rather than by communities) and zoning policies continue to impede the ability of forest communities to utilize natural resources as a means of income. Lastly, the regulations indicate that the trees on forestlands can be mortgaged whilst the land itself cannot be mortgaged. This restricts the ability of the farmers to gain financing during the early years of tree growth that can facilitate


economic development. All in all, there needs to be either an integrated law or set of laws that provide legal protections rather than simply regulatory guidance to farmers. 4. Lack of Legal Understanding among Collectives. Beyond the issue of the need for reform of legal and regulatory tools, there is also the problem of insufficient understanding of these laws and regulations among villagers, as well as venues for dispute resolution. The need to identify good practice models for dispute resolution remains an important component of an effective forest tenure regime that supports farmer‘s wellbeing. 5. Ecological Impact of Village Forest Species. The growing tendency for farmers to plant monocultural crops (such as fir or eucalyptus) has contributed to significant changes in the local ecology (such as in Yunnan) leading to greater incidence of fires, pest infestations, and drought. Gaining an understanding of how the broader market dynamics are leading to the creation of monocultural practices in silviculture coupled with its effects on local ecologies is of increasing importance. 6. State Forestlands. There has been insufficient attention to date on how to reform state-owned forest areas. This is certainly an issue on the SFA policy agenda, but as yet, little progress has been made on this issue. It has become clear that no standardized model to reform of state forest areas can be developed, and as such, it is necessary to study the issue on a regional basis (eg., NE and SW are key areas). An additional concern here is the way in which customary rights overlap with state forest areas, especially in ethnic minority areas. 7. Small and Medium Scale Forest Enterprises. It is unclear as yet how forest tenure reform has enabled the development of small and medium-scale forest enterprises for local economic development. Research on this was done in 2010 with results forthcoming very soon. Although the National People‘s Congress has already directed the SFA to proceed with developing the draft Forest Law, this looks unlikely in practice. Due to both a transfer of SFA leadership in the near future as well as substantial debates over the form of reforms in various areas (such as quotas, state forest reform), this will likely take another few years. There may be some merit in developing laws in stages, starting firstly with forestland rights and then proceeding to issues of regulatory takings, transactions/transfers, and others. Strategy: RRI recognizes that China‘s experience in collective tenure reform has great value for other regional actors and, for this reason, supports efforts to share these experiences among South and Southeast Asian neighbors. The strategic work-plan for RRI in China includes continued research on the impact of reforms thus far, surveys on socio-economic trends, and analyses on the current legal framework that defines forestland tenure provisions. On the one hand, China has positive lessons on land rights and collective forest reform to share with its neighbors in the region. On the other, worrisome tendencies such as China‘s zoning laws, harvesting restrictions and lack of progress in reforming state forests continue to indicate points of intervention for RRI. The objectives of RRI in China are to support and deepen reforms in collective forests, extend reforms to state forests, and help introduce regulatory reforms to enable households and communities to derive full benefits from forests. RRI in China has several effective points of leverage for the coalition‘s work program. Primarily, constructive relations with the State Forestry Administration enable the coalition to share information with policy-makers in the Chinese government. Research findings are delivered through strong collaboration with Peking University which contributes expertise on tenure reform and rural livelihoods in China. The Rural Development Institute, Yunnan Academy of Social Sciences, Yunnan University of Agriculture are all active in researching the legal and policy dimensions of tenure reform and making recommendations on legal reforms. The World Agro Forestry Center (ICRAF-Yunnan) leads work on understanding the impacts of China‘s various land management programs and the social and ecological impacts on ethnic minority populations, while IUCN has played a critical role in the water sector of China. RECOFTC has also engaged in research on conflict and its resolution in China natural resource systems.


Two major objectives were identified by the Partners and Collaborators in China and serve as the foundation for its work-program through 2011. First, legal reforms and a new law for forest areas in China are important targets following the reforms to collective forest areas in recent years. Activities in the work program seek to promote legal reforms to ensure that environmental programs respect land and civil rights, regulatory reforms to govern land transactions, reforming the approach to regulating forest use, reform of the timber quota system, reform of regulatory takings, and provisions for expanding inclusiveness extending to women and ethnic minorities. A second objective is state forest reform which RRI-China will promote by examining land reallocation and administrative restructuring strategies. These two objectives form the programs of engagement for the coalition in China. Cross-cutting themes of alternatives for dispute resolution and climate change contributed to the design of the program in China as well. Priority outcomes by 2012 1. Support Process of Creating New Forest Law and Other Legal Reform RRI partners and collaborators can work to disseminate our research findings through policy journals (such as Forest Economics, and Forest Work Research); further research on gender and ethnic minority inclusiveness at level of collective/individual forestland rights; examine community perspectives on policy and legal reforms; organize workshop to meet forestry legal drafters. 2. Reform State Forest Areas Need for analysis of potential for state forest reform in south-west China to supplement ongoing work on state reform in northeast China; examine how state forest lands can benefit local communities and customary rights. 3. Advance Pro-Poor Reforms and Ensure Rights of Vulnerable Communities Examine to what extent communities are able to benefit from tenure reform with a focus on assessing how inclusive the benefits are (gender, poor, ethnic minorities). 4. Establish Reform of Supplementary Forest Regulatory Policies and Laws Further examine new experiments on the logging quota system; create recommendations to submit to SFA from extensive local experience. 5. Improve System of Regulatory Takings Draw on research already done to develop a series of legal recommendations on how regulatory takings issue on forestlands needs to be addressed. 6. Enhancing the Viability of Small and Medium-Scale Enterprises (SMEs) Research on SMEs being currently carried out will lead to a set of recommendations on how to improve their viability. 7. Disseminate Knowledge about China Forest Tenure and Regulatory Reform to other

countries, international donors, and the development community Through international tenure conferences, study visits, and Megaflorestais, provide a platform through which the strengths and weaknesses of China‘s significant forest tenure and regulatory reform can be understood. Set of approaches to achieve priority outcomes

Constant engagement with state forestry administration and bureaus on forestry tenure and regulatory reform process

Research and analysis on key policy relevant issues

Support legal aid to help farmers address emerging conflicts

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V. Tier 1 Country- Nepal

5.1 RRI Strategy

Background: Since 2008, Nepal‘s historic political transition has offered a unique opportunity to establish democratic and inclusive forms of governance with strong community property rights in natural resources management. This is primarily being achieved through the political struggle emanating from the movement for democracy, people‘s movements, community groups, and civil society organizations in drafting a new Constitution that enshrines this rights agenda. At a general level, the emerging broad political consensus at the top together with widespread awakening at the grassroots level has enabled an environment conducive to fundamental state restructuring in favor of strong community rights.

Over this last year (2009-2010), however, this process has been fraught with challenges and hence delays. The schedules for the peace process and the Constitution drafting have been delayed, given that the political parties have not been able to agree on a common political framework as well as the necessary direction of development. As a result, the level of enthusiasm has decreased and there is widespread frustration among the masses which has resulted in a dissipation of political will. It has also led to the weakening of grassroots groups as infighting among political parties is now manifesting within grassroots organizations. This fracturing of political will is also reflected in the forest sector which has suffered from political uncertainty and weak political oversight such that vested interests have begun to influence the sector towards regressive policies and institutional change starting in April 2009. Therefore, the RRI strategy in Nepal must be informed by a recognition of ongoing tension between the potential for positive change and the possibility of backsliding into centralized control of natural resources.

Currently, the threats to democratizing Nepal's forest governance can be characterized by:

Lack of political leadership and oversight such that the mandate of the popular movement appears to be weakening;

Community rights partially recognized in the first draft of the Constitution, but more needs to be done to guarantee the securing of a fuller set of property rights;

The influx of climate/REDD funds (such as FCPF and others) that have the potential to both negatively and positively influence the current status of community forest user rights;

Under the new Ministry of Forests and Soil Conservation leadership, a number of recent policy/regulatory interventions threaten to significantly re-centralize governmental control of community forests management thereby weakening the power of community forestry user groups;

Organized resistance against expansion of community forestry in the Terai that poses a number of significant challenges, and obstructs the potential for local communities gaining control over forests. At the same time, the expansion of community forestry rights in the High Himal is largely ignored by all actors;

Ongoing attempts to create three new protected areas despite a successful campaign by FECOFUN to stall the Gauri Shankar protected area campaign in early 2010.

A closer look at the current situation reveals that a number of different dimensions of the current political condition are conspiring in creating these threats:

A. The combination of political stalemate, frequent changes in the political equation, and conflicts

around power sharing has drawn the attention of political leaders away from substantial policy issues such as forest governance.

B. Widespread resentment and resurgence of several identity-based or ethnic movements within Nepalese society (including the Madhes movement) has induced socio-cultural tensions, particularly in the Terai.

C. Rampant corruption within the forest sector that is largely promoted by the political and bureaucratic leadership has resulted in massive deforestation in Terai. Unfortunately, illegal and unsustainable timber harvesting has been used as an excuse to undermine community rights not


only in Terai but across the country. This has direct implications on forest governance as well as the expansion of CF in the Terai. In the context of weakening grassroots movements as a result of the political impasse, small cases of deforestation by community forestry user groups in the Terai are being used by the government and others to make sweeping arguments against community forestry. Unlike in the Terai, the expansion of community forestry in High Himal has not faced resistance from any groups, but is largely ignored by all actors.

D. The Ministry of Forests and Soil Conservation is beginning to introduce various new measures as part of REDD-readiness now that it has been approved for FCPF funding (with additional funding from PPCR (ADB), NORAD and others on the way). These REDD programs hold the possibility of re-centralizing state power over community forests unless an appropriate set of safeguard measures are adopted that increase civil society participation, transparency and accountability protocols.

At the same time, there remain a number of strong positive dimensions within the forest governance landscape, including:

A. Though the political parties are temporarily engaged solely around the election of a new Prime

Minister, there still remains a fair level of political commitment to restructuring the state in favor of decentralized and inclusive governance.

B. Strong well established community-based institutions and their national federations such as FECOFUN and NR Confederation that continue to advocate for ensuring community rights within the Constitution and fight against MoFSC measures that impede progress.

C. Well-developed professional civil society organizations, rights activists and research organizations committed to the cause of community rights over forests and other natural resources.

Vision: RRI‘s vision is a prosperous Nepal where human rights in all forms are fully recognized, and where well-organized and empowered local communities have full control over their natural resources that are sustainably managed for economic and environmental well-being as well as social justice. Strategy: The RRI strategy in Nepal focuses on three different dimensions: a) ensuring that community forestry property rights are enshrined in the new Constitution as well as resultant legal, regulatory and policy frameworks, b) working to deepen reforms of the existing community forestry management regime to ensure greater inclusivity, security of use and management rights, and extension towards a fuller set of forest property rights, and c) extending the successes gained in community forestry in the mid-Hills to the Terai as well as High Hills in order to have a more integrated national community forestry approach. It is recognized that community forestry in Nepal remains an important role model for many other countries around the world, several of which have successfully pioneered many of its key institutional features. As such, ensuring the strength of community forest rights in Nepal holds international significance. Hence it is important to prevent any weakening or fracturing of powerful community forestry movements through divisive political or ethnic fragmentation.

At this particular political juncture, it is crucial to continue to strengthen the way in which the community forestry groups such as FECOFUN and Natural Resources Confederation have contributed to the democracy and devolution movement. This is important for four key reasons: firstly, this will aim to stop the new attempts at re-centralization of state power (by increasing the role of DFOs as well as through REDD projects); secondly, to play a fundamental role in ensuring community forest property rights are enshrined in the Constitution; thirdly, to bolster ongoing work at broadening the participatory base of CFUGs; and finally, to build new alliances with civil society and people‘s movement groups in the Terai and High Himal.

In conjunction with this strategy, it is necessary to work directly to inform political parties, Members of Parliament as well as members of the Constituent Assembly about the ways in which community forestry has promoted livelihoods and forest cover as well as social inclusivity through democratic governance


processes. This requires in tandem support for advocacy-oriented research as well as intelligence on new policy/legal moves in order to ensure that appropriate analytical evidence is leveraged for ongoing policy and legal reforms. Priority Outcomes by 2012: Ensure Community Forest Property Rights in New Constitution and Legal Framework Advocacy with political leaders on new Constitution (party leaders, CA members, CA committees); garner support from wider stakeholders (NR-confederation, NR People‘s Parliament, civil society organizations); assess the potential impacts of proposed revision in Forest Act 1993 and Forest Regulation 1995; bring contested legal provisions into public debate, establish system of policy intelligence, strategic analysis (gap analysis of existing drafts, analysis of contentious issues, prepare desired drafts on specific issues); mobilize media.

Develop Terai-based Advocates of Community Forestry and Reduce Corruption in Terai Forests Build ties with CSOs in Terai, study relationship between corruption and deforestation/illegal logging in Terai, improving governance and local capacity in Terai CFUGs, awareness campaign, CSOs engagement with political leaders in Terai, media mobilization against corruption, public auditing.

Ensure Government Accountability towards Communities in Climate Change Policies and Programs Active involvement in REDD policies and project development; advocacy to ensure government agencies establish appropriate safeguards/transparency/accountability measures, information-sharing and networking among community institutions about REDD policies, analysis/studies of on-going REDD projects, media campaign, and advocacy at international level.

Enhance Inclusion and Participation in Community Forestry Institutions Workshops on inclusive and participatory community forestry (including women, dalit and other vulnerable communities), local and national level dialogue on community forestry and ILO-169.

Strengthen Institutional Capacity of FECOFUN Institutional assessment of FECOFUN, capacity building, technical expertise, leadership development, enhance good governance.

Extend Solidarity with IPs and Communities in High Himal Networking and alliance-building with institutions working for the rights of IPs in Himal, media campaign on specific challenges faced by establishing community natural resources management in Himal. Democratize Protected Area Governance Analyze policy, legal and institutional gaps; assess socio-economic impacts; organize and strengthen BZ institutions. Remove Barriers and Ensure Adequate Incentives for Forest Enterprises Review of existing barriers, explore and identify needed incentives, highlighting existing cases of best practices; networking and strengthening of community enterprises.

Set of approaches to achieve priority outcomes:

1. Networking and alliance building with wider civil society actors 2. Advocacy and engagement with political constituencies 3. Strengthening existing natural resources and community forestry federations 4. Policy intelligence, constant engagement with bureaucracy, multi-stakeholder dialogue 5. Documentation and analysis

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n r

ights

of

com

munity o

ver

natu

ral re

sourc

es

Help

str

ength

en

ing p

ow

er

of fe

dera

tion a

nd n

etw

ork

work

ing o

n n

atu

ral re

sourc

e s

ecto

r

NR

M P

eo

ple

s

Parl

iam

ent

Ad

vocate

s t

o p

arlia

menta

rians f

or

the r

ights

of

loca

l co

mm

unitie

s o

ver

natu

ral re

sourc

es

Pro

vid

es in

puts

to

the

po

licy p

eop

le o

n N

RM

re

late

d issues o

n b

eha

lf o

f lo

cal com

munitie

s


VI. Tier 1 Country Indonesia

6.1 RRI Strategy Indonesia has the largest land-base, population and forest cover in Southeast Asia. High deforestation rates, social exclusion and land consolidation by agro-business and forest industries continue to be at the center of Indonesia‘s unsustainable and inequitable development path. A comprehensive review of RRI partner activities‘ related to rights and resources in Indonesia, suggests that there is no other ‗tier one‘ country where there is such convergence of RRI priority activities. Added to this is the growing global realization of Indonesia‘s high emissions of greenhouse gases resulting from deforestation and peat land agriculture. Yet at the same time since the fall of Suharto, Indonesia has demonstrated its ability to be one of Asia‘s most stable democracies. While political reform is slow, the recent re-election of President Yudhoyono includes promise for significant political advances, particularly in terms of improving Indonesia‘s performance as a global citizen in efforts to mitigate climate change, and the evolving nature of responses to global warming. RRI Partners are active at all levels of political governance and types of landscapes and agree that a strengthening of Indonesia‘s legal framework to recognize the rights of local and indigenous peoples as well as a rationalization and improved participation in local spatial planning processes are the priorities which define collaboration among partners in the creation of synergies to achieve our common objectives. The 3 year strategy puts research-based support for national civil society organizations and indigenous peoples‘ networks at the heart of a national and locally-driven reform and global response process though informed advocacy and constituent accountability.

Threats and challenges:

40 – 60 million forest residents most with unrecognized or few rights

Major threats to forests and forest peoples o Logging and illegal logging o Palm oil expansion and other bio-fuels o Pulpwood plantation expansion o Mining, oil and gas development o Settlement (transmigrants and spontans)

Lack of statutory law effectively recognizing rights o Ambiguity in the law o Contradictions between line ministries‘ jurisdictions o Contradictions between autonomy and decentralization laws and sectoral laws on

lands and forests

Absence of government capacity to regulate forests both nationally and at district levels

Huge vested interests and corruption in the allocation of resources

Widespread conflicts over forests and lands between communities and private sector and between communities and government agencies

Widespread violations of human rights associated with the repression of conflicts

Massive contribution to climate change from deforestation, forest burning and peat land clearance.

Vulnerability of rights institutions in the relatively common natural disasters

Political and social opportunities:

Strong civil society mobilization but relative absence of strategic engagement

State ratification of key human rights treaties and CBD

Legislature has already admitted needed for / demanded legal reform to secure customary rights and reduce conflict

Emerging democracy with aperture for multiple voices and interests

Close engagement of aid agencies and IFIs


Priority REDD country for both UN and World Bank and for the private sector (LOI with Norway requires rights determination).

Existing analysis of tenure in forestry shows up potential tenure options for communities

Emerging tenure instruments within Forestry Ministry (Hutan Desa, Hutan Tanaman Rakyak, Hutan Kemasyarakatan, Ecosystem Restoration, Kesatuan Pemangkuan Hutan).

Development of One-stop licensing procedure for community managers.

Strong articulation of rights leading to opportunity for private communal title, within the National Lands Agency (BPN).

Provincial and District land use planning laws and processes present many undeveloped opportunities to advance rights recognition

Transparency and Accountability trends, including the private sector

Private sector itself admits the need for land regularization

8.2 million hectares opened to revised zoning and agrarian reform

Under explored opportunities to secure tenures under existing legal framework

Examples of some district level recognition of adat rights (PERDA) and openness of state conservation agencies to recognize customary law communities.

Priority outcomes by 2012:

Rights agenda is included into climate change policy (Climate investments are accountable to local rights holders; clarity on land and carbon rights in REDD+ implementation procedures)

Private sector made more accountable and respectful of community rights, (systems for transparency and accountability – FPIC - in natural resource use licenses)

Legal and policy reforms, tenure and adat rights are recognized (National Law on the Rights of Indigenous Peoples is enacted; Forestry and Conservation Laws are revised.)

Multi-stakeholder technical support for land use planning that incorporates local rights (spatial planning to incorporate use rights)

Strengthening processes that use national and provincial regulation/practices that support rights, to secure livelihoods and local governance (i.e village regulations), customary boundary recognition (BRWA).

Systems for formal and informal settlement of conflicts over natural resource management are supported and developed (Legal Pluralism, for plantations, mining and conservation sectors)

Rights are recognized in conservation – holistic conservation, ecosystem restoration, etc.

Strengthened tenure and stewardship instruments that guarantee sustainable livelihoods and

poverty alleviation.

RRI added value:

Good prospects for synergies; several RRI partners with different areas of expertise are already working there: ICRAF (Southeast Asia), RECOFTC, FPP, and Samdhana Institute

Some partners find it hard to carry out follow up advocacy based on their research findings because of close relations to the government, so other RRI partners can say and do things that they cannot so easily do in their own voice

Vice versa, advocacy groups can be supported by research and getting their issues raised in ‗high level‘ for a close to government

Contribution to RRI goals:

Increased recognition of community and indigenous peoples‘ rights in forest areas

Strengthen capacity to implement and exercise rights, shared responsibilities and justice and equity


Increase government support for community forestry options (ATEMs)3

Wide support for FPIC by governments and private sector

Strengthen networks and organizations

Government action on rights recognition in climate change responses and community engagement in climate change discourses and policy formulation and implementation

3 Although RRI partners‘ work in Indonesia has not hitherto been explicitly conceived in terms of ‗Alternative Tenure and Enterprise

Models‘, partners noted that de facto their work supporting existing tenure options such as ‗HkM‘, ‗HTR‘, ‗Hutan adat‘, ‗Hutan Desa‘ and exploring ‗Hutan Hak‘ as well as support for smallholders comes to much the same thing.

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t socie

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VII. Tier I Country – Lao PDR 7.1 RRI Strategy Government agencies, along with international organizations in Lao PDR, have been working to advance a national tenure and rights agenda for the last three decades. While strong political will exists for recognition of forest tenure rights, progress from supporting activities to date has been insufficient and further intervention is required in order to move forward. Therefore, at the 2009 meeting, it was decided that the main RRI objective for initiatives in Lao PDR was to promote learning from international experiences on forest tenure rights. RRI proposed several activities that aim to advance this program of learning on a long-term basis. One of these activities- a study trip to China- was completed in 2010. Lao government delegates from the Ministry of Forestry and Agriculture as well as the National Land Management Agency attended the ―Conference on Forest Tenure and Regulatory Reforms: Experiences, Lessons and Future Steps in Asia‖ held in China during the last week of September 2010. This provided an opportunity to learn about forest tenurial and regulatory arrangements across Asian countries and was immediately followed by a field visit to China‘s Yunnan province, where conditions are closest in an ecological, land use and cultural sense to those of Laos. Here, the aim was to learn about the detailed workings of forest tenure and management at the village level. Yunnan has successfully piloted many of the forest tenure reforms in China. In addition, a high-level meeting was held between key officials at the State Forestry Administration and Yunnan Bureau of Forestry and the Lao delegation to discuss long-term collaboration possibilities. This entire experience further encouraged the delegation members to work on advancing tenure and rights agenda in Lao PDR by translating the China experience into the Laotian production and population conditions. Following this important introduction to China‘s forest tenure system, two further activities are planned as follow-up in 2011, namely, production of a policy brief by the delegates returning from China, and organizing a national-level shared learning workshop on forest tenure and rights. This workshop will be held in Vientiane, which aims to facilitate a sharing of experiences by representatives from neighboring countries that have advanced their agenda of tenure and rights in the forestry sector. In order to further extend the opportunity to understand Chinese experience on tenure and rights, another study trip to China will be additionally arranged in 2011 for some of the high-level personnel from the government agencies, particularly from the Ministry of Forestry and Agriculture, and National Land Management Agency (NLMA) of Lao PDR. In addition, based on recent interaction between Chinese government officials and visiting delegates from Lao PDR in Kunming; plenty of further opportunities for mutual learning and cooperation between China and Lao PDR have emerged. In particular, the Lao PDR team has expressed their interest to get support from China for the capacity building of government officials in terms of tenure, rights, and sustainable management of forest resources. Such training could be organized either in Lao PDR or in China. For the long run, both countries have also agreed to establish an informal working group to carry on various activities of mutual interest between China and Lao PDR. Such a working group could be strategic by focusing on different dimensions of the tenure and rights situation in Lao PDR. RRI is well placed to help materialize the various ideas on the table including the concept of establishing a working group.

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8.2 RRI Strategy in India Opportunity The passage of the Forest Rights Act (FRA) in 2006, for the first time, legally empowered tribal and other forest communities to reclaim and assert their rights on forests and forest lands. As a result, it became a historic opportunity for the nearly 90 million people within the tribal communities of India to finally see their forest land rights recognized. However, now that it is close to three years since it came into force, it is clear (based on the work of RRI collaborators and others) that despite constant pressure from grassroots movements demanding implementation of the law in its true spirit, all that has been achieved to date is a limited recognition of individual land rights (and that too in a highly compromised manner). Moreover, the Ministry of Environment and Forests, which was initially demoralized by the fact that the FRA gave the Ministry of Tribal Affairs the implementation mandate, has now repositioned itself and become a major actor in subverting its realization through multiple types of strategies. One of these involves capturing additional common lands (about 10 million hectares) under the guise of mitigating climate change through its proposed draft ―Green India Mission.‖ In parallel, various other financial and industrial interests are developing around Indian forests which will drastically impinge on people's rights. These include interests in afforestation for gaining carbon credits, REDD and REDD+, and in biofuels. Many of these interests are working behind the scenes to achieve the requisite changes needed in law and policy to further their economic goals. Presently, very little is known about how this is being carried out, the extent of land being potentially acquired, and the number of people affected. What is known is the unprecedented protest by tribal movements (almost a daily occurrence), civil rights advocates, and supporting organizations. An important outcome of this overall movement has been the recent back-tracking by the Government of India in the case of the infamous Vedanta Resources, a UK-listed mining company. While this victory needs to be applauded, further work needs to be done to identify the emerging threats that attempt to undermine the full realization of the FRA‘s intentions. This is where RRI can play a role in supporting the many tribal and civil society organizations that have been galvanized by the passage of this Act and are keen to ensure its proper implementation. RRI Role Value Till now RRI has played a low-cost convening role in India. It has brought together academic and intellectual analysts side-by-side with the government and civil society organizations to come to a joint, in-depth understanding of the issues by examining the nature of current dialogues. In parallel, RRI has also supported the tracking of implementation of the Forest Rights Act for the two and half years. The opportunistic participation and organization of International Conference on Community Rights, Forests and Climate Change provided another venue to continue the exploration of unfolding situations in India. This particular dialogue was further enriched by bringing together a number of participants from other countries, particularly Nepal. By supporting this analysis for advocacy RRI will continue to play a strategic role in India. The international credibility of RRI will also add to the advocacy strength of national actors. Emerging Threats and Challenges An in-depth understanding of the internal land-grab phenomenon is crucial for the tribal and other forest communities fighting for their rights. Although there has been a significant victory (the Vedanta case), the balance of forces could very easily shift towards the industrial interests with significant monetary and political clout. The robustness of the tribal movements and a growing number of supporters amongst CSOs, academia and other professionals (such as legal practitioners) offers a great opportunity to RRI to support the development of a credible analysis of the land-grab phenomenon. This will strengthen the case of tribal movements and provide them with a grounded analysis permitting stronger advocacy of their case. The recent reconstitution of the National Advisory Council headed by the Congress President and which has some of the country‘s most renowned civil society activists as its members is currently also


available as a political platform for policy advocacy. The NAC has identified operationalization of PESA, tribal development and improved FRA implementation as major priorities.

The effort would be to track policies and programs that have the effect of causing a land grab. The primary concern is on tracking violations of forest rights, and therefore the analysis will be confined to policies relating to 'public' lands - both forest and revenue. Within these, the focus will be specifically on landgrab for biofuels, forestry plantations (compensatory afforestation & CAMPA funds, diversion of forest land and emerging policies related to carbon trading and mitigating climate change, including REDD Plus, Green India Mission, etc.), conservation and extractive industries/mega dam type projects. Partners in India While a number of RRI partners work in India, their engagement with the passage of the Act and its implementation has remained at a fairly low level. However, RRI Fellow and collaborators have developed a strong network with the tribal movements and other civil society organizations and provide an appropriate platform to pursue the key RRI objectives in India.


8.3 RRI Strategy in Thailand

Opportunity Senior government officials from the Royal Forestry Department of Thailand have recently taken the initiative and interest to learn more about forest tenure reform. Their active participation in the ―Conference on Forest Tenure and Regulatory Reforms: Experiences, Lessons and Future Steps in Asia‖ in China) is an indication of interest in learning about regional forest tenure reform experiences. RRI partners are therefore very interested in building upon this interest by engaging with policy framers and advancing the process of developing community forestry. In particular, given the lack of a statutory law recognizing community forestry rights in Thailand, coordinated action is required. Recent approval of a Community Forestry bill by the Government of Thailand opens up an avenue of opportunity to enhance community rights by tracking the implementation of this bill on the ground. In addition, supporting the existing networks of civil society organizations (CSOs) and community groups working on forestry issues across Thailand could advance the tenure and rights agenda in order to enhance security for community forestry groups. It has been almost 20 years since the Community Forestry Bill was first brought for approval in the Parliament. Although CSOs and local communities increasingly realize that their version of the CF Bill continues to face very strong resistance by the government and other sectors, these groups have had success in other areas. New legislation on Community Land Titling aimed at solving land tenure problems and supporting local community was recently approved, with piloting begun in selected communities in September 2010.This has encouraged CSOs and local communities to take a different approach and legal framework to support community rights in sustainable resource management, and includes the drafting of a new People Participation in Natural Resource Management Bill and a new Law on Community Rights. Thailand is one of the focal countries of RECOFTC (the Center for People and Forests) and has well-established community engagement through the Thailand Country Program (ThCP). RECOFTC works to provide a platform and mobilize the wider network of Thai CSOs and communities to discuss critical issues, reach consensus, and influence policy. Similarly, the Global Alliance for Community Forestry has also recently started working closely with the network of CSOs in Thailand to help advance the concept of community forestry by extending solidarity through the GACF network. RRI Role Value As Thailand is one of the focal countries of RECOFTC, there is considerable potential in further supporting this RRI partner‘s ongoing plans and interventions to achieve strategic outcomes. Beside RECOFTC, GACF has also started working with community networks in Thailand which could further strengthen these networks and help amplify their voice at various policy levels. Partners in Thailand RECOFTC is the lead partner in Thailand, but Forest Peoples Program (FPP), ICRAF and the Samdhana Institute are also implementing specific plans of intervention in Thailand. Beside RRI partners, GACF is increasingly expanding their intervention in Thailand. CF Network-Thailand has contacted and participated in GACF meeting and workshops.

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Documents

RRI Asia: 2009-2012 Work-Plan SummaryRRI- Asia: Work Program 2011 2012 Preliminary RRI scoping exercises under the Listening, Learning, Sharing Launch (LLSL)1 revealed a set of key