Who has rights to forests and forest resources? In recent years governments in the South have transferred at least 200 million hectares of forests to communities living in and around them . This book assesses the experience of what appears to be a new international trend that has substantially increased the share of the world's forests under community administration. Based on research in over 30 communities in selected countries in Asia (India, Nepal, Philippines, Laos, Indonesia), Africa (Burkina Faso, Cameroon, Ghana) and Latin America (Bolivia, Brazil, Guatemala, Nicaragua), it examines the process and outcomes of granting new rights, assessing a variety of governance issues in implementation, access to forest products and markets and outcomes for people and forests . Forest tenure reforms have been highly varied, ranging from the titling of indigenous territories to the granting of small land areas for forest regeneration or the right to a share in timber revenues. While in many cases these rights have been significant, new statutory rights do not automatically result in rights in practice, and a variety of institutional weaknesses and policy distortions have limited the impacts of change. Through the comparison of selected cases, the chapters explore the nature of forest reform, the extent and meaning of rights transferred or recognized, and the role of authority and citizens' networks in forest governance. They also assess opportunities and obstacles associated with government regulations and markets for forest products and the effects across the cases on livelihoods, forest condition and equity. Published with CIFOR

This book analyzes the wide range of issues that should be taken into account in forest-related legislation. It stresses that forest law must be understood in the context of the broader legal framework governing land use and land tenure, as well as international obligations related to trade, environmental protection, and human rights. The book also pays significant attention to institutional arrangements and governance practices relevant to forests, including decentralization, transparency, and law enforcement. The authors draw extensively on experience from around the world to provide tools for dealing with various forest management challlenges. The authors are experts in the field of forest law. Lawrence C. Christy is a Former Chief, Development Law Service, Legal Office, Food and Agricultre Organization of the United Nations (FAO). Charles E. Di Leva is Chief Counsel, Environmentally and Socially Sustainable Development and International Law Unit (LEGEN), Legal Vice-Presidency, World Bank. Jonathan M. Lindsay is Senior Counsel with LEGEN, Legal Vice-Presidency, World Bank. Patrice Talla Takoukam is Counsel with LEGEN, Legal Vice-Presidency, World Bank.

As the editors note in their introduction, the attention to rights in forestry differs from 'rights-based approaches' in international development and other natural resource fields in three critical ways. First, redistribution is a central demand of activists in forestry but not in other fields. Many forest rights activists call for not only the redirection of forest benefits but also the redistribution of forest tenure to redress historical inequalities. Second, the rights agenda in forestry emerges from numerous grassroots initiatives, setting forest-related human rights apart from approaches that derive legitimacy from transnational human rights norms and are driven by international and national organizations. Third, forest rights activists attend to individual as well as peoples' collective rights whereas approaches in other fields tend to emphasize one or the other set of rights.

Communities are making unprecedented gains worldwide in forest resource access and management rights. A new conservation actor, the forest steward community, is emerging in Central America as an effective collaborator in forest conservation. How best to support and strengthen this community-based conservation actor while minimizing external dependency? This paper discusses an experience with innovative participatory research in Guatemala and Nicaragua that aimed to strengthen community capabilities in natural resource management. The Grassroots Assistance Project trained community members to document and critically reflect upon local experience with forest management and external assistance. Together with regional context studies undertaken by professional researchers, these local 'autosystematization' studies made possible comprehensive documentation of the multiple dimensions of communities' resource management, identification of their strengths and vulnerabilities and discussion of future strategies. Their endeavours also reveal an emerging alternative 'accompaniment' approach to technical assistance, which promotes a high level of partnership between communities and external institutions, in contrast to traditional assistance, which often creates dependency. Technical 'accompaniment' emphasizes long-term social processes, shared learning, community empowerment, validation of local knowledge and continual strengthening of organizational capabilities. It also suggests organizing assistance to pursue closer proximity to communities and their processes, flattening of technical staff hierarchies, flexible response to community input, more horizontal information exchange, and incorporation of social process indicators into assessment. Employed in combination with more traditional assistance approaches, the technical 'accompaniment' approach holds promise for strengthening communities' capabilities as key allies in protecting and managing the environment for the future.

The forest discourse in India has shifted decisively from questions of management to questions of governance. The essays in this book highlight and explore how this shift is occurring and what the challenges to democratic forest governance are. It covers questions of local management, wildlife conservation and forest conversion, as well as the changing socio-economic context of forestry in India.