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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.
RRI- Asia: Work Program 2011 2012
II. Planning Teams 2.1 Regional Planning Team
Partner Participant Email
FECOFUN *Apsara Chapagain Bhim Prakash Khadka
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
[email protected] [email protected]
RECOFTC Yam Malla James Bampton
[email protected] [email protected]
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
[email protected] [email protected]
Samdhana Institute *Chip Fay [email protected]
Swiss Intercooperation Bharat Pokharel (IC Nepal) *Jane Carter (IC Berne)
[email protected] [email protected]
*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
RRI- Asia: Work Program 2011 2012
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/
RRI- Asia: Work Program 2011 2012
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.
RRI- Asia: Work Program 2011 2012
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
RRI- Asia: Work Program 2011 2012
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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$
26
7,5
00
. $
19
7,5
00
RR
I- A
sia
: W
ork
Pro
gra
m 2
011 2
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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stab
lishi
ng a
wor
king
gr
oup
Faci
litat
e th
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oces
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stab
lishi
ng a
wor
king
gro
up to
es
tabl
ish
long
term
coo
pera
tion
betw
een
Lao
PDR
and
Chin
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term
s of s
hare
d le
arni
ng o
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nure
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ts
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apac
ity b
uild
ing
of
gove
rnm
ent o
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ials
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e tr
aini
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ts re
late
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sues
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ian
gove
rnm
ent o
ffic
ials
, whi
ch w
ill b
e de
liver
ed b
y Ch
ines
e re
sour
ce p
erso
ns. S
uch
trai
ning
cou
ld b
e or
gani
zed
eith
er in
Chi
na o
r in
Lao
PDR
RECO
FTC
(NAF
RI, M
AF, N
AFES
, N
LMA)
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000.
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l Fun
ds R
eque
sted
for L
ao P
DR A
ctiv
ities
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l Fun
ds R
eque
sted
for T
ier 1
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iviti
es:
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090.
RR
I- A
sia
: W
ork
Pro
gra
m 2
011 2
01
2
Tier 2
35
. In
dia
: A
na
lysi
s to
st
ren
gth
en
gra
ssro
ots
ad
voca
cy
on
fo
rest
rig
hts
An
alys
is o
f in
tern
al la
nd
-gra
b p
he
no
me
no
n
SPW
D (
RR
I Fe
llow
in In
dia
, C
on
sult
ants
) $
34
,00
0
36
. Th
aila
nd
: St
ren
gth
en
ing
ne
two
rk o
f co
mm
un
ity
fore
stry
1 n
atio
na
l-le
vel d
ialo
gue
of
stak
eh
old
ers
to
dis
cuss
CF
bill
an
d r
ela
ted
fo
rest
po
licie
s
Sc
alin
g u
p r
egi
on
al a
nd
nat
ion
al n
etw
ork
by
est
ablis
hin
g lin
kage
s w
ith
glo
bal
ne
two
rks
wo
rkin
g
in t
he
fie
ld o
f co
mm
un
ity
fore
stry
REC
OFT
C (
GA
CF,
CF
asse
mb
lies,
CSO
ne
two
rks)
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5,0
00
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,00
0.
37
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aila
nd
: P
rod
uci
ng
com
me
nte
d v
ers
ion
of
ne
w
dra
ft o
f C
F b
ill a
nd
re
late
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po
licie
s
1
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alyt
ical
re
po
rt o
n C
F b
ill
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lti-
stak
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old
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rou
nd
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le d
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ssio
n a
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ion
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eve
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lies,
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l Fu
nd
s R
eq
ue
ste
d f
or
Tie
r 2
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ivit
ies:
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43
,00
0.
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2,0
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l Fu
nd
s R
eq
ue
ste
d f
or
All
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r 1
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r 2
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d R
egi
on
al P
rogr
ams:
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72
3,0
00
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52
3,4
98
. $
64
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nd
To
tal F
un
ds
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qu
est
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r A
ll Ti
er
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ier
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nd
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gio
na
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gram
s, p
lus
Faci
litat
ion
Co
sts:
$
82
8,0
00
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.
RRI- Asia: Work Program 2011 2012
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
RRI- Asia: Work Program 2011 2012
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.
RRI- Asia: Work Program 2011 2012
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
Policy intelligence
RR
I- A
sia
: W
ork
Pro
gra
m 2
011 2
01
2
4.2
Ch
ina P
lan
ned
Acti
vit
ies –
201
1-2
012
Ac
tivit
y
De
tail
s/D
es
cri
pti
on
L
ea
d (
Pa
rtn
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d
Co
lla
bo
rato
rs)
Pri
ori
ty 1
(b
ud
ge
ted
) F
un
ds
c
om
mit
ted
by
RR
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art
ne
rs
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ori
ty 2
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rovin
g f
ore
st fa
rme
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nd
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gh
ts t
hro
ug
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ga
l aid
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d
ed
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tion
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rvic
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Le
ga
l a
id c
en
ter
in C
ho
ng
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g to
de
ve
lop
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mod
el fo
r ad
dre
ssin
g fa
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r‘s leg
al
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nce
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n f
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nds (
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gra
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su
rin
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restla
nd
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form
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se
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h g
en
de
r d
ime
nsio
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f fo
restla
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form
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hin
a lead
ing
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men
da
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n g
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de
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e
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ate
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pective
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n p
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ith
in c
olle
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rests
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S
ou
thw
est
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a
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min
e c
om
mun
itie
s‘ in
terp
reta
tio
ns o
f p
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nd
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l/re
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lato
ry s
tructu
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with
in t
hre
e p
rovin
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uth
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st
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13
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se
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se
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h th
e v
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dim
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sio
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en
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Y
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din
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ic m
inori
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pu
latio
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a v
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to
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ve
lopin
g
po
licy r
ecom
me
nda
tion
s
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AF
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nd
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Aca
dem
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f S
cie
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nte
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s)
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90
.
14
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eco
mm
en
da
tio
ns f
rom
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gg
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uo
ta E
xp
eri
me
nts
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nn
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na
lyze
th
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in Y
un
na
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ith
a
vie
w t
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da
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Ag
ricu
ltu
ral
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ers
ity
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8,0
00
$1
5,0
00
. $
28
,80
0.
15
. R
efo
rm o
f sta
te fo
rest
are
as in
Nort
he
ast
Chin
a
Jo
int
pro
ject
with
World
Ba
nk o
n
ide
ntify
ing
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ective
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pro
aches f
or
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te
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st re
form
Pe
kin
g U
niv
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ity
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0,0
00
.
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.
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sili
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ten
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in
e
thn
ic m
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rity
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gio
ns o
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ou
thw
est
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a in
resp
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llective
fo
rest
refo
rm
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min
e th
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ay in
wh
ich
fo
rest
ten
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a
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reg
ula
tory
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form
is u
se
ful in
m
ino
rity
are
as le
adin
g to
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com
men
da
tio
ns a
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po
licy b
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tal F
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ueste
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ina A
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8
RR
I- A
sia
: W
ork
Pro
gra
m 2
011 2
01
2
4.3
Ch
ina-
Au
die
nc
es a
nd
Pri
ori
ty O
utc
om
es
- 20
11-2
012
Au
die
nces
P
rio
rity
ou
tco
me
s
Lead
ers
hip
of
ke
y
Chin
ese a
gencie
s
(ND
RC
, S
FA
, M
oF
)
Chin
a c
ontin
ues to a
dva
nce a
nd im
pro
ve f
ore
st te
nure
refo
rm b
y d
raft
ing a
ne
w f
ore
st la
w a
nd r
efo
rmin
g s
tate
fore
st
are
as
Chin
a a
dvances p
ro-p
oor
fore
st po
licy r
efo
rms (
regula
tory
fra
mew
ork
)
Rem
oves r
egula
tory
constr
ain
ts o
n c
olle
ctives (
―quota
‖, lo
ggin
g b
an,
zonin
g)
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sts
conserv
ation p
olic
ies to r
espect
loca
l r
ights
(e
.g. F
EC
P,
NF
PP
)
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vances r
efo
rms o
f public
(sta
te)
fore
sts
pro
vid
ing m
ore
access a
nd b
en
efits
to c
om
munitie
s
Com
munity s
upp
ort
org
an
izations (
e.g
. N
GO
s a
nd
researc
hers
),
part
icu
larl
y in A
sia
Have g
reate
r cap
acity to a
ssess s
ocio
-econom
ic im
pacts
of
tenure
refo
rms a
nd ide
ntify
polic
y a
nd m
ark
et re
form
s to
help
th
e p
oor
be
nefit fr
om
fore
st re
sourc
es
Impro
ved a
naly
sis
of
lega
l fr
am
ew
ork
and r
ecom
mendatio
ns f
or
ne
w f
ore
st la
w
Recogn
ize c
ontr
ibu
tio
ns o
f S
ME
s a
nd
pro
mote
these
models
in f
ore
st are
as a
nd a
mong g
overn
ment age
ncie
s
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rna
tio
na
l d
onors
and d
evelo
pm
ent
com
munity
Recogn
ize a
nd u
nd
ers
tand r
efo
rms u
nderw
ay in C
hin
a a
nd lessons learn
ed o
n te
nure
an
d p
olic
y
Ad
vance t
en
ure
and p
olic
y r
efo
rms to p
rote
ct
loca
l rig
hts
and b
ett
er
ena
ble
rura
l p
oor
to b
en
efit fr
om
land
Unders
tand n
ega
tive im
pacts
of
conven
tio
na
l busin
ess m
odels
and b
eg
in t
o r
ecog
niz
e c
on
trib
utions o
f ru
ral S
ME
s f
ore
st
pro
ducts
Invest in
an
d p
rom
ote
pro
-poor
busin
ess m
odels
RR
I- A
sia
: W
ork
Pro
gra
m 2
011 2
01
2
4.4
Str
ate
gic
Part
ne
rs, C
ollab
ora
tors
an
d R
ole
s
S
trate
gic
Part
ne
rs
Ro
les
RR
G
Coord
inate
s in
itia
tive, coord
inate
s w
ork
on p
olic
y a
nd t
enure
refo
rms in C
hin
a/A
sia
ICR
AF
Cond
ucts
researc
h o
n s
tate
fore
st te
nure
in e
thn
ic m
inority
are
as o
f S
W C
hin
a
Researc
h o
n s
ocia
l a
nd e
colo
gic
al im
pacts
of
fore
str
y in S
W C
hin
a
RE
CO
FT
C
Exte
nd
ing w
ork
into
Ch
ina r
egio
n a
nd a
ctive e
ng
agem
ent
with e
merg
ing issu
es o
n c
onflic
t re
so
lution
and c
limate
chang
e
Fore
st T
rends
Leads w
ork
on m
ark
et access a
nd liv
elih
oods
Dis
sem
inate
s to d
onors
, in
tern
ation
al m
edia
, fo
restr
y industr
y a
nd
fin
ance
Co
llab
ora
tors
Pekin
g U
niv
ers
ity
Leads w
ork
on
tenure
an
d p
olic
y r
efo
rms in C
hin
a
Cond
ucts
surv
eys o
n S
ME
s in f
ore
st are
as a
nd im
pacts
on r
ura
l in
com
es
Dis
sem
inate
s info
rmation t
o k
ey p
olic
y le
aders
in C
hin
a
RD
I-B
eiji
ng
Cond
ucts
researc
h o
n le
ga
l dim
ensio
ns o
f fo
rest te
nure
an
d r
ights
in C
hin
a
Exam
ines c
ases o
f la
rge
-scale
acqu
isitio
n o
f fo
rest la
nds
Develo
ps m
odels
of
leg
al aid
on f
ore
stland
issues in C
hin
a
IUC
N-C
hin
a
Contr
ibute
s to s
urv
ey a
nd g
ap a
naly
sis
of
clim
ate
cha
nge a
ctivitie
s
Yun
nan A
cad
em
y o
f S
ocia
l S
cie
nces
Researc
h o
n f
ore
st te
nure
and r
egu
lation a
mong c
om
munitie
s in
Yu
nna
n
Yun
nan A
gri
cultura
l U
niv
ers
ity
Researc
h o
n f
ore
st te
nure
and r
egu
lation a
mong c
om
munitie
s in
Yu
nna
n
Researc
h o
n e
xperi
menta
l lo
gg
ing q
uo
tas in Y
unn
an
RRI- Asia: Work Program 2011 2012
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
RRI- Asia: Work Program 2011 2012
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
RRI- Asia: Work Program 2011 2012
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
RR
I- A
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2
5.2
Nep
al –
Pla
nn
ed
Acti
vit
ies 2
011
-2012
A
cti
vit
y
Deta
ils
/Des
cri
pti
on
L
ea
d (
Pa
rtn
ers
an
d
Co
lla
bo
rato
rs)
Pri
ori
ty 1
(B
ud
ge
ted
) F
un
ds
co
mm
itte
d
by R
RI
Pa
rtn
ers
P
rio
rity
2
17
.
En
su
re c
om
mu
nity fo
restr
y
pro
pe
rty r
igh
ts in n
ew
co
nstitu
tion
and
leg
al fr
am
ew
ork
Ad
vo
ca
cy a
nd
co
nsu
lta
tion
with
N
RM
an
d p
olic
ym
ake
rs t
o p
rovid
e
str
ate
gic
inp
ut
an
d a
na
lyse
s to
CA
, ta
sk f
orc
es a
nd N
PL
G
NR
M C
on
fed
era
tio
n (
all
me
mb
ers
of
NR
MC
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rco
ope
ratio
n a
nd
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ore
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ctio
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taff
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ibu
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C
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to
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18
.
Deve
lop
Te
rai-
ba
sed
ad
voca
tes
to f
igh
t fo
r com
mu
nity f
ore
str
y
an
d r
ed
uce
co
rru
ptio
n in
Te
rai
fore
sts
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blic
hea
ring
and
aud
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g,
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n a
ntico
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ractio
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mo
ng
st T
CN
, N
TF
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co
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itte
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ep
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edia
mo
bili
zatio
n
an
d a
na
lysis
of
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y
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cum
ents
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CO
FU
N (
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dia
h
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terc
oo
pe
ratio
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rest A
ctio
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00
19
.
En
su
rin
g g
ove
rnm
en
t a
cco
un
tab
ility
to
wa
rds
co
mm
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s in
clim
ate
cha
nge
p
olic
ies a
nd
pro
gra
m
Cri
tical re
vie
w a
nd
exp
eri
en
ce
sh
arin
g o
f n
atio
na
l clim
ate
ch
an
ge
p
olic
y a
nd
pro
gra
ms,
cre
atio
n o
f sh
ado
w p
olic
y o
n c
lima
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rco
oop
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tio
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taff
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En
ha
nce
in
clu
sio
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nd
p
art
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mu
nity
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str
y in
stitu
tio
n
Mo
bili
ze
wo
me
n le
ad
ers
th
roug
h
inte
ractive
dia
log
ue
s, m
ee
tings
an
d w
ork
sho
ps in
Te
rai; a
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raft
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mitte
e f
rom
gen
de
r p
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pe
ctive
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I (F
EC
OF
UN
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ore
st
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RM
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raft
.com
)
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5,0
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.
21
.
Str
en
gth
en
in
stitu
tio
na
l ca
pacity
of
FE
CO
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Deve
lop
lo
ng
-te
rm s
tra
teg
ic p
lan
b
ased
on in
de
pen
de
nt
institu
tio
na
l a
sse
ssm
en
t. E
sta
blis
h d
ata
base
to
mon
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CF
UG
s.
CO
FS
UN
(F
ore
st
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, In
terc
oo
pe
ratio
n,
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Fe
de
ratio
n,
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nsu
lta
nts
)
$2
0,0
00
.
22
.
Exte
nd
solid
ari
ty w
ith
IP
s a
nd
co
mm
unitie
s in
hig
h h
ima
l
Pre
pa
re p
ositio
n p
ap
er
on
IP
an
d
local co
mm
unity r
ights
in
hig
h
him
al, e
sta
blis
h a
nd
str
eng
then
n
etw
ork
th
rou
gh
me
dia
ou
tre
ach
, d
ialo
gu
es a
nd
pu
blis
he
d a
na
lyse
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(I
nte
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rest
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ocal V
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ocra
tize
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tecte
d A
rea
g
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rna
nce
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w b
uff
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ne
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ide
line
s,
co
nve
ne w
ork
sh
op
s o
n P
A
go
ve
rna
nce
an
d h
old
in
form
al
co
nsu
lta
tion
s w
ith
po
licym
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with
an
aim
to
pro
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ce p
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bri
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rest A
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(FE
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iza
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RR
I- A
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: W
ork
Pro
gra
m 2
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2
24
.
Rem
ove
ba
rrie
rs a
nd
ensu
re
ad
eq
ua
te in
ce
ntive
s f
or
fore
st
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terp
rises
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me
nt e
xp
eri
en
ces a
nd
d
isse
min
ate
assessm
en
t o
f b
arr
iers
in
ord
er
to s
tren
gth
en
n
etw
ork
of co
mm
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ity e
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rprise
s;
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duce
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aly
se
s o
n f
ore
st-
base
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terp
rises
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NS
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, F
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To
tal F
un
ds R
eq
ueste
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or
Nep
al:
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,50
0
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00
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00.
RR
I- A
sia
: W
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m 2
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2
5.3
Nep
al –
Au
die
nc
es a
nd
Pri
ori
ty O
utc
om
es 2
011
-2012
Au
die
nc
es
/Co
ns
titu
en
cie
s
Pri
ori
ty O
utc
om
es
Govern
ment of
Nep
al,
Constitu
en
t A
ssem
bly
Mem
bers
, M
inis
try o
f F
ore
str
y
Nepa
l‘s f
ort
hcom
ing n
ew
constitu
tion e
ndors
es r
ights
of
com
munity o
ver
natu
ral re
sourc
es
Ad
vancem
ent of
pro
-po
or
fore
st po
licie
s a
nd r
eg
ula
tory
fra
mew
ork
Pro
mote
s f
ore
st based e
nte
rprises to s
upport
loca
l p
eople
‘s liv
elih
ood
Furt
her
expa
nsio
n o
f com
munity f
ore
str
y p
rogra
m in T
era
i are
a o
f N
ep
al
Civ
il S
ocie
ty O
rga
niz
atio
ns a
nd
Federa
tions o
f N
atu
ral R
esourc
e
Users
Ad
vocate
to e
nsure
the r
igh
ts o
f com
munity o
ver
natu
ral re
sourc
es
Str
en
gth
en c
ap
acity o
f gra
ssro
ots
com
munity b
ased o
rgan
izations
Impro
ved a
naly
sis
of
curr
ent te
nure
refo
rm a
nd its
im
pact on p
eo
ple
‘s liv
elih
ood a
nd
environm
ent
Str
en
gth
en n
etw
ork
of
federa
tions w
ork
ing o
n n
atu
ral re
sourc
e s
ecto
r
Gre
ate
r en
gag
em
ent in
polic
y p
rocess in N
ep
al
Inte
rna
tio
na
l D
onors
an
d
Develo
pm
ent com
munity
Recogn
ize a
nd u
nd
ers
tand r
efo
rms u
nderw
ay in N
epa
l and lessons learn
ed in t
enu
re a
nd p
olic
ies
Ad
vance c
om
munity f
ore
str
y p
olic
y a
nd b
ett
er
en
able
local com
munity t
o b
enefit fr
om
fore
st
managem
ent
Pro
motion o
f fo
rest based p
ro-p
oor
busin
ess m
odel
RR
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5.4
Nep
al –
Str
ate
gic
Pa
rtn
ers
, C
ollab
ora
tors
an
d R
ole
s
Str
ate
gic
Part
ne
rs
Ro
les
FE
CO
FU
N
Leads g
rassro
ots
socia
l m
obili
zation
Ad
vocate
s f
or
the r
ights
of
com
munity o
ver
fore
st re
so
urc
es
Eng
ages in n
ation
al le
ve
l p
olic
y p
rocess a
nd a
cting
as a
watc
h d
og o
n b
ehalf o
f fo
rest users
Sw
iss Inte
rcoop
era
tion
Sup
port
s local com
munitie
s f
or
their liv
elih
oods t
hro
ug
h p
rom
otion o
f fo
rest based
ente
rpri
ses
Eng
ages in p
olic
y p
rocess b
y p
rovid
ing
in
telle
ctu
al in
puts
on f
ore
st go
vern
ance a
nd te
nure
refo
rm
Co
llab
ora
tors
Fore
st A
ction
Ad
vocate
s f
or
the r
ights
of
com
munity b
y u
nd
ert
akin
g r
esearc
h s
tudie
s a
nd a
naly
tical w
ork
Eng
ages in n
ation
al le
ve
l p
olic
y p
rocess
Sup
port
s local com
munitie
s to d
evelo
p th
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apacitie
s
AN
SA
B
Cond
ucts
researc
h o
n f
ore
st based e
nte
rprises d
eve
lopm
ent in
Ne
pa
l
HIM
WA
NT
I
Develo
ps le
ad
ers
hip
ca
pacity o
f w
om
en a
ssocia
ted w
ith the
managem
ent of
natu
ral re
sourc
es
Cre
ate
s a
ware
ness a
bo
ut g
ender
and
eq
uity in f
ore
st
managem
ent
IUC
N-N
ep
al
Conserv
ation c
om
munity a
naly
sis
in s
om
e o
f th
e p
rote
cte
d a
reas in N
ep
al
Imple
ments
rig
hts
based a
ppro
ach in c
onserv
ation
Pro
vid
es techn
ical kno
wle
dge c
limate
change
an
d e
nvir
onm
enta
l is
sues
CO
FS
UN
Capacity b
uild
ing o
f lo
ca
l com
munity f
ore
str
y u
ser
gro
ups
Eng
ages in a
dvocacy f
or
the r
igh
ts o
f com
munity in f
ore
str
y s
ecto
r
Cre
ate
s a
ware
ness o
n r
ights
of m
arg
inaliz
ed c
om
munity,
wom
en a
nd ind
ige
nous p
eop
le
NR
M C
onfe
dera
tio
n
Ad
vocate
s o
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
RRI- Asia: Work Program 2011 2012
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
RRI- Asia: Work Program 2011 2012
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
RRI- Asia: Work Program 2011 2012
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.
RR
I- A
sia
: W
ork
Pro
gra
m 2
011 2
01
2
6.2
In
do
nes
ia –
Pla
nn
ed
Acti
vit
ies 2
011
-2012
Ac
tivit
y
Deta
ils
/Des
cri
pti
on
L
ea
d (
Pa
rtn
ers
an
d
Co
lla
bo
rato
rs)
Pri
ori
ty 1
(B
ud
ge
ted
) F
un
ds
c
om
mit
ted
by
RR
I P
art
ne
rs
Pri
ori
ty 2
25
.
Le
ga
l a
nd p
olic
y r
efo
rm t
enu
re a
nd
a
da
t rig
hts
are
re
co
gniz
ed
L
eg
al re
form
pla
tfo
rm
L
eg
al p
lura
lism
P
utt
ing r
igh
ts in
to s
pa
tial pla
nnin
g
P
utt
ing r
igh
ts in
to t
ransm
igra
tio
n
C
oo
rdin
ation
am
ong
re
form
a
ctivis
ts, d
ialo
gu
e w
ith
lin
e
min
istr
ies, a
dvo
ca
cy w
ith
le
gis
latu
re
D
esk r
evie
ws o
f te
nu
res,
plu
ralis
m a
nd
co
nflic
t re
so
lution
re
vie
w,
plu
ralis
m
an
d c
on
flic
t re
vie
w (
3
ap
plie
d c
ase
stu
die
s),
le
arn
ing
circle
on
ag
raria
n
refo
rm a
nd
ad
at in
West
Su
ma
tra
, 1
na
tio
nal
wo
rksh
op
D
istr
ict
leve
l dia
log
ues w
ith
p
lan
ne
rs, d
eve
lop
GIS
la
ye
rs w
ith
vill
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e loca
tio
ns
an
d c
usto
ma
ry la
nd u
se
d
ata
C
ase
stu
die
s o
f rig
hts
vio
latio
ns; d
ialo
gu
e w
ith
M
inis
try,
wo
rksh
op
with
lo
cal o
ffic
ial
F
PP
(H
uM
a,
Sa
md
ha
na
, IC
RA
F)
F
PP
(H
uM
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CO
FT
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F
PP
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stitu
t D
aya
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i,
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md
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pu
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rk,
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PP
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20
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20
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20
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20
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00
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26
.
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va
te s
ecto
r m
ad
e m
ore
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un
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le
an
d r
esp
ectf
ul o
f h
um
an
rig
hts
H
TR
re
vie
w
Le
ga
l a
naly
sis
and
im
plic
atio
n
for
righ
ts s
um
mary
, re
vie
w o
f so
cio
eco
no
mic
, liv
elih
oo
d a
nd
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m o
utc
om
es o
f a
ctu
al
HT
R,
ad
vo
ca
cy lin
ke
d t
o IF
C
an
d H
TI
pla
ns
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P (
Sa
mdh
ana
, IC
RA
F)
$2
0,0
00
.
27
.
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en
gth
en
ed
te
nu
re a
nd
ste
wa
rdship
in
str
um
en
ts th
at g
ua
ran
tee
susta
ina
ble
liv
elih
oo
ds a
nd
po
ve
rty a
llevia
tio
n
S
tud
y o
n th
e n
exu
s o
f te
nu
re a
nd
po
ve
rty
Te
nu
re-t
ransfe
r in
str
um
en
ts
ba
sed
on f
ore
st
reg
ula
tion
s s
uch
a
: H
Km
, H
TR
, H
uta
n D
esa
and
p
art
ne
rsh
ip (
PH
BM
) w
ill b
e
inve
stig
ate
d
ICR
AF
(R
EC
OF
TC
, S
am
dha
na
$2
0,0
00
.
28
.
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itin
g a
nd
up
da
tin
g th
e ten
ure
a
sse
ssm
en
t in
In
do
nesia
by u
pd
atin
g
the
boo
k o
n S
tre
ng
the
nin
g F
ore
st
Ma
na
ge
me
nt in
In
do
ne
sia
th
rou
gh
L
an
d T
en
ure
Re
form
: Is
su
es a
nd
F
ram
ew
ork
fo
r A
ctio
n
Stu
dy w
ill u
pda
te a
nd
ad
d th
e
issu
e o
f H
uta
n D
esa
and
Hu
tan
T
an
am
an
Rakya
t as w
ell
as
ad
dre
ssin
g th
e q
ue
stion
of
leg
alit
y in
th
e c
onte
xt
of
clim
ate
ch
ang
e
ICR
AF
(H
SA
, S
am
dha
na
, H
uM
a,
MF
P
(Ke
ha
ti))
$5
0,0
00
.
RR
I- A
sia
: W
ork
Pro
gra
m 2
011 2
01
2
29
.
Netw
ork
str
eng
then
ed
an
d s
upp
ort
p
rovid
ed
fo
r so
cia
l m
ovem
en
ts
A
dvo
ca
cy o
n la
w o
n in
dig
en
ous
pe
op
le
N
atio
nal co
nfe
rence
on
co
nse
rva
tion
and
in
dig
en
ou
s
pe
op
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A
dvo
ca
cy w
ork
at n
atio
nal
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d p
rovin
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l le
ve
l
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rin
gin
g m
ore
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an
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0 IP
s
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d o
the
r sta
ke
ho
lde
rs to
d
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ss th
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exu
s b
etw
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n
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isd
om
on
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se
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tio
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AN
(F
PP
, H
uM
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ers
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15
,00
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15
,00
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tal
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nd
s R
eq
ue
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d f
or
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on
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ia:
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20
,00
0
$
10
0,0
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6.3
In
do
nes
ia -
Au
die
nce
s a
nd
Pri
ori
ty O
utc
om
es
- 2011-2
01
2
Au
die
nces
/Co
nsti
tuen
cie
s
Pri
ori
ty O
utc
om
es
Civ
il S
ocie
ty O
rga
niz
atio
ns
C
om
mun
ity r
igh
ts r
eco
gniz
ed
in
con
se
rva
tio
n m
ode
l
S
tro
ng
civ
il socie
ty n
etw
ork
to
ad
va
nce r
igh
ts a
ge
nd
a in
fo
restr
y
Ind
ige
no
us P
eo
ple
s O
rga
niz
atio
ns
Str
en
gth
en
ne
two
rk a
nd
pro
vid
e s
up
po
rts f
or
inte
nsifyin
g s
ocia
l m
ob
iliza
tion
L
eg
al a
nd p
olic
y r
efo
rms,
ten
ure
an
d a
dat
righ
ts a
re r
ecog
niz
ed
N
eg
otiate
d s
ettle
me
nt o
f e
xis
tin
g c
on
flic
t th
roug
h c
on
tin
ue
d d
ialo
gu
e
Fu
nd
ing
ag
encie
s a
nd
do
no
rs
C
ap
acity a
nd
ne
two
rk o
f C
SO
s is s
tre
ng
the
ned
R
igh
ts a
gen
da
is inclu
de
d in
clim
ate
ch
an
ge
polic
y,
law
s a
nd r
eg
ula
tion
s
Natio
nal an
d lo
cal g
ove
rnm
en
t a
ge
ncie
s
In
do
ne
sia
co
ntin
ues t
o a
dva
nce
dece
ntr
aliz
atio
n a
ge
nd
a a
nd f
acili
tate
s t
he p
roce
ss o
f re
form
in f
ore
str
y s
ecto
r
C
usto
ma
ry r
ights
are
le
gally
reco
gniz
ed
by t
he
go
ve
rnm
en
t
S
tre
ng
the
n te
nu
re a
nd
ste
wa
rdsh
ip instr
um
en
ts th
at g
ua
ran
tee
su
sta
inab
le liv
elih
ood
s a
nd
po
ve
rty a
llevia
tion
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va
te s
ecto
r
S
tre
ng
the
n p
riva
te s
ecto
r re
form
in
In
don
esia
an
d a
do
ption
of
FP
IC
RR
I- A
sia
: W
ork
Pro
gra
m 2
011 2
01
2
6.4
Str
ate
gic
Part
ne
rs, C
ollab
ora
tors
an
d R
ole
s
Str
ate
gic
Part
ne
rs
Ro
les
FP
P
Cond
ucts
stu
dy t
o a
na
lyze
the r
ights
of
indig
en
ous p
eople
in th
e r
eg
ion
Pro
vid
es k
now
led
ge o
n leg
al a
na
lysis
, le
gal p
lura
lism
, and F
PIC
Stu
die
s im
pact of
palm
oil
pla
nta
tions in In
don
esia
Sup
port
s c
apacity b
uild
ing o
f C
SO
s o
n lega
l dim
ensio
ns
ICR
AF
Cond
ucts
researc
h r
ela
ted
to a
gro
-fore
str
y a
nd P
ES
Eng
ages in p
olic
y d
ialo
gu
e a
t na
tio
na
l, r
eg
ional an
d g
loba
l le
vel
RE
CO
FT
C
Acts
as a
reg
ional hu
b f
or
build
ing c
ap
acity o
f lo
cal co
mm
unitie
s a
nd o
ther
sta
kehold
ers
Help
s s
tre
ngth
en r
egio
na
l a
nd g
lob
al netw
ork
of
com
munity f
ore
str
y
Facili
tate
s f
orm
ation o
f A
sia
Po
licy N
etw
ork
Help
s p
ilot
AT
EM
s in
focal countr
ies in A
sia
Hosts
RR
I fa
cili
tato
r to
ad
vance R
RI
ag
end
a in th
e r
eg
ion
Sam
dhana
Assis
ts c
apacity-b
uild
ing e
ffort
s to e
ducate
local com
munitie
s a
bou
t en
vironm
ent
and r
ights
Assis
ts local N
GO
s b
y p
rovid
ing s
mall
gra
nts
fo
r lo
ca
l develo
pm
ent in
itia
tives
Pro
vid
es inte
llectu
al kno
wle
dge
an
d e
xpert
ise o
n issu
es r
ela
ted t
o te
nure
and c
onflic
t
Co
llab
ora
tors
HuM
a
Pro
mote
s r
ealiz
atio
n o
f com
munity a
nd e
colo
gy-b
ase
d le
ga
l re
form
s
Develo
ps a
ltern
ative leg
al philo
sop
hy t
he
ory
and
rese
arc
h m
eth
odolo
gy
Help
s d
evelo
p c
apacity o
f C
SO
s in t
erm
s o
f le
ga
l u
nd
ers
tandin
g a
nd
le
ga
l re
form
pro
cess
CIF
OR
Cond
ucts
researc
h, an
aly
sis
and s
yn
thesis
on issues r
ela
ted t
o f
ore
st an
d p
eop
le,
clim
ate
chang
e,
tenure
an
d
live
lihoods
Dis
sem
inate
s r
esearc
h f
ind
ings a
t na
tio
na
l, r
eg
ional an
d g
loba
l le
vel
Eng
ages in p
olic
y d
ialo
gu
es a
t various le
ve
l
Sa
witW
atc
h
Ad
vocate
s o
n im
pact of
palm
oil
pla
nta
tio
n o
n c
om
munity r
igh
ts a
nd
the
ir liv
elih
oo
ds
Pro
vid
es le
gal supp
ort
to t
he loca
l com
munitie
s
PU
SA
KA
Ad
vocate
s f
or
the r
ights
of
com
munity a
nd ind
igeno
us p
eop
le
Institu
t D
ayakolo
gi
Str
ug
gle
s f
or
revita
liza
tion a
nd r
estitu
tio
n o
f D
ayak c
ultura
l herita
ge
an
d th
eir r
ights
Ya
yasan M
era
h P
utih
Ad
vocate
s t
o e
mpo
wer
local com
munitie
s in C
entr
al S
ula
wesi, b
oth
in
dig
en
ous p
eop
les a
nd p
easan
t socie
ties
AM
AN
Ad
vocate
s f
or
the r
ights
of
indig
en
ous p
eop
le
Facili
tate
s t
he p
rocess o
f netw
ork
ing a
mongst IP
com
munitie
s
Pro
vid
es le
gal supp
ort
an
d h
elp
s s
trength
en
ing
capacity o
f IP
s
RRI- Asia: Work Program 2011 2012
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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7.2
Lao
PD
R P
lan
ned
Acti
vit
ies –
20
11-2
012
Ac
tivit
y
Deta
ils
/Des
cri
pti
on
L
ea
d (
Pa
rtn
ers
an
d
Co
lla
bo
rato
rs)
Pri
ori
ty 1
(b
ud
ge
ted
) F
un
ds
c
om
mit
ted
by
RR
I P
art
ne
rs
Pri
ori
ty 2
Rem
ain
de
r o
f ta
sks f
or
20
10
:
30
.
Pre
pa
ratio
n o
f po
licy b
rie
f L
ao
de
lega
tes v
isitin
g C
hin
a w
ill
pre
pa
re a
po
licy b
rief
on
te
nu
re a
nd
ri
gh
ts,
wh
ich
will
als
o inclu
de
le
arn
ing
fr
om
Chin
a a
nd
co
llective
re
com
men
da
tio
n fo
r La
o P
DR
RE
CO
FT
C (
NA
FR
I,
MA
F,
Nu
OL
, N
AF
ES
, N
LM
A)
$5
,000
.
31
.
Sh
are
d le
arn
ing w
ork
sh
op
C
on
ve
ne
a w
ork
sh
op in
La
o P
DR
to
sh
are
exp
eri
en
ce
s o
n f
ore
st te
nu
re
rig
hts
with
sele
cte
d k
ey r
eso
urc
e
pe
rson
s fro
m o
ther
cou
ntr
ies
RE
CO
FT
C (
NA
FR
I,
MA
F,
CIF
OR
, N
uO
L,
NA
FE
S,
Dep
art
me
nt
of
Pla
nn
ing
, N
LM
A)
$2
0,0
00
.
$1
0,0
00
.
New
activitie
s p
rop
ose
d fo
r 2
01
1:
32
.
Exp
osu
re v
isit o
f ke
y p
ers
on
nel fr
om
L
ao
PD
R to
Ch
ina
Se
lecte
d a
dd
itio
na
l ke
y p
ers
onn
el
fro
m th
e M
AF
an
d N
LM
A w
ill v
isit
Chin
a to
lea
rn C
hin
ese
exp
erie
nce o
n
ten
ure
re
form
an
d a
dvis
e a
pp
rop
ria
te
po
licy r
ecom
me
nda
tion
s fo
r Lao
PD
R
RE
CO
FT
C (
NA
FR
I,
MA
F,
NL
MA
) $
25
,00
0.
$
5,0
00
.
33
.
Esta
blis
hin
g a
wo
rkin
g g
rou
p
Fa
cili
tate
the
pro
cess o
f esta
blis
hin
g
a w
ork
ing
gro
up
to
esta
blis
h lon
g
term
co
op
era
tio
n b
etw
ee
n L
ao P
DR
a
nd
Ch
ina
in
te
rms o
f sh
are
d le
arn
ing
o
n t
enu
re a
nd
rig
hts
RE
CO
FT
C (
MA
F,
NLM
A)
$5
,000
.
34
.
Cap
acity b
uild
ing
of g
ove
rnm
en
t o
ffic
ials
fro
m L
ao
PD
R
Org
an
ize
tra
inin
g o
n t
enu
re a
nd
rig
hts
re
late
d issue
s fo
r La
otia
n g
ove
rnm
ent
off
icia
ls,
wh
ich w
ill b
e d
eliv
ere
d b
y
Chin
ese
reso
urc
e p
ers
on
s.
Such
tr
ain
ing
co
uld
be
org
an
ize
d e
ith
er
in
Chin
a o
r in
La
o P
DR
RE
CO
FT
C (
NA
FR
I,
MA
F,
NA
FE
S,
NL
MA
)
$
10
,00
0.
To
tal
Fu
nd
s R
eq
ue
ste
d f
or
La
o P
DR
:
$5
0,0
00
$
30
,00
0
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7.3
Lao
PD
R –
Au
die
nces
an
d P
rio
rity
Ou
tco
mes 2
010
-2012
Au
die
nces
/Co
nsti
tuen
cie
s
Pri
ori
ty O
utc
om
es
Natio
nal an
d lo
cal g
ove
rnm
en
t a
ge
ncie
s
La
o P
DR
co
ntin
ues t
o a
dva
nce
te
nu
re a
nd
rig
hts
age
nd
a a
nd
fa
cili
tate
th
e p
rog
ress o
f la
nd u
se
ma
nag
em
en
t a
nd
la
nd
use
pla
nn
ing
Inte
rnation
al o
rga
niz
ation
s a
nd
do
no
rs
C
on
trib
ute
to
lan
d u
se
pla
nn
ing
an
d c
ap
acity d
eve
lop
me
nt
of lo
ca
l an
d n
ation
al-
leve
l g
ove
rnm
ent
ag
encie
s
7.4
Str
ate
gic
Part
ne
rs, C
ollab
ora
tors
an
d R
ole
s
P
art
ne
rs
Ro
les
RE
CO
FT
C
Acts
as a
reg
ional hu
b f
or
build
ing c
ap
acity o
f lo
cal co
mm
unitie
s a
nd o
ther
sta
kehold
ers
Help
s s
tre
ngth
en r
egio
na
l a
nd g
lob
al netw
ork
of
com
munity f
ore
str
y
Facili
tate
s f
orm
ation o
f A
sia
Po
licy N
etw
ork
Help
s p
iloting A
TE
Ms in f
ocal cou
ntr
ies in A
sia
Hosts
RR
I fa
cili
tato
r to
ad
vance R
RI
ag
end
a in th
e r
eg
ion
Co
llab
ora
tors
MA
F
Lead
org
aniz
atio
n to f
acili
tate
pro
cess o
f de
ve
lop
ing
la
nd u
se p
lann
ing a
nd land
dis
trib
ution
NA
FR
I
Cond
ucts
researc
h r
ela
ted
to
land u
se p
lan
nin
g a
nd la
nd u
se m
anag
em
ent
Nationa
l U
niv
ers
ity
of
Laos (
NU
OL)
Genera
tes k
no
wle
dg
e o
n f
ore
st te
nure
, la
nd u
se p
lannin
g a
nd m
anagem
ent
Capacity-b
uild
ing o
f sta
kehold
ers
Nationa
l L
and
Mana
gem
ent
Age
ncy (
NL
MA
)
Ke
y g
overn
ment auth
ority
to u
ndert
ake the t
ask o
f la
nd a
llocatio
n a
nd lan
d titlin
g
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VII
I. B
ud
get – T
ier
1 C
ou
ntr
ies
Co
un
try
P
rio
rity
1
Pri
ori
ty 2
Chin
a
$ 1
88
,00
0
$1
63
,99
8
Nep
al
$ 1
59
,50
0
$2
0,0
00
Ind
one
sia
$
12
0,0
00
$1
00
,00
0
La
o P
DR
$
50
,00
0
$2
0,0
00
To
tal
$ 5
17
,50
0
$3
13
,99
8
IX.
Ac
tivit
ies in
Tie
r 2
Co
un
trie
s
8.1
Pla
nn
ed
Ac
tiv
itie
s—
2011
Co
un
try
A
cti
vit
y
Lead
Org
an
izati
on
C
ollab
ora
tors
P
rio
rity
1
(bu
dg
ete
d)
Pri
ori
ty 2
Ind
ia
35
. A
naly
sis
to
str
en
gth
en
gra
ssro
ots
a
dvo
cacy o
n f
ore
st ri
gh
ts
An
aly
sis
of in
tern
al la
nd
-g
rab
ph
en
om
en
on
SP
WD
(R
RI
Fe
llow
in
In
dia
, C
on
sulta
nts
) $
34
,00
0
Th
aila
nd
36
. S
tren
gth
en
ing
ne
two
rk o
f co
mm
un
ity
fore
str
y
1
na
tio
nal-
leve
l d
ialo
gu
e
of
sta
keh
old
ers
to
dis
cu
ss C
F b
ill a
nd
rela
ted
fo
rest p
olic
ies
S
ca
ling
up
re
gio
na
l an
d
na
tion
al n
etw
ork
by
esta
blis
hin
g lin
ka
ges
with
glo
bal n
etw
ork
s
wo
rkin
g in
th
e fie
ld o
f
co
mm
unity f
ore
str
y
RE
CO
FT
C (
GA
CF
, C
F
asse
mblie
s,
CS
O n
etw
ork
s)
$5
,000
.
$4
,000
.
37
. P
rodu
cin
g c
om
men
ted v
ers
ion o
f ne
w
dra
ft o
f C
F b
ill a
nd
re
late
d p
olic
ies
1
an
aly
tical re
po
rt o
n
CF
bill
1
multi-sta
ke
hold
er
rou
nd
tab
le d
iscu
ssio
n a
t
na
tion
al le
ve
l
RE
CO
FT
C (
GA
CF
, C
F
asse
mblie
s,
CS
O n
etw
ork
s)
$1
2,0
00
.
To
tal
fun
ds
fo
r T
ier
2:
$4
3,0
00
$1
2,0
00
RRI- Asia: Work Program 2011 2012
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
RRI- Asia: Work Program 2011 2012
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.
RRI- Asia: Work Program 2011 2012
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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IX.
Su
mm
ary
of
all r
eg
ion
al
acti
vit
ies
Cate
go
ry
Pri
ori
ty 1
P
rio
rity
2
Tie
r 1
Co
un
try a
ctivitie
s
$5
17
,50
0
$3
13
,99
8
Tie
r 2
Co
un
try a
ctivitie
s
$4
3,0
00
$1
2,0
00
Reg
iona
l activitie
s
$1
62
,50
0
$1
97
,50
0
Reg
iona
l F
acili
tato
r (t
ime f
or
on
e-y
ea
r)
$1
05
,00
0
-
To
tal
$ 8
28
,00
0
$5
23
,49
8
RR
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sia
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X.
Re
co
mm
en
da
tio
ns
fo
r G
lob
al
Ac
tivit
ies
Acti
vit
y
Req
uest
(if
an
y)
Part
ne
rs a
nd
Co
llab
ora
tors
Glo
ba
l le
vel en
gag
em
ent of
RR
I to
pro
mote
rig
hts
and
conserv
atio
n
model
Feasib
ility
stu
dy o
n institu
tion a
nd m
ark
eting a
rrang
em
ent fo
r fo
rest
based e
nte
rprises d
eve
lop
ment in
Nep
al
R
RG
(F
EC
OF
UN
, A
NS
AB
and F
ore
st
Actio
n-
Nep
al)
Pro
active
en
gag
em
ent of
RR
I to
influe
nce g
lob
al po
licy p
rocess to
ensure
th
e r
ights
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com
munity in a
ny p
olic
ies p
ert
ine
nt to
clim
ate
change
mitig
ation s
uch
as R
ED
D
Str
en
gth
enin
g c
olla
bora
tio
n w
ith
oth
er
inte
rna
tio
na
l org
aniz
atio
n
work
ing in t
he f
ield
of
fore
st polic
ies,
ten
ure
and r
ela
ted m
ark
et.