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ANNEX 1: WORKSHOP PARTICIPANTS

National Workshop

On Forest Tenure and Policies in Lao PDR

28-29 November 2011

Vientiane, Lao PDR

Organizer: Department of Forests Lao PDR, Rights and Resources Initiatives, and the Center for People and Forests-RECOFTC

Venue: International Cooperation and Training Center (ICTC), Vientiane, Lao PDR

In Lao PDR, Government agencies along with international organizations have been working to advance forest policies, national tenure and rights agenda for the last three decades. There is now a strong political will to reform forest tenure and related rights. In the last one and half years two delegations of senior government officers have visited China to learn about forest tenure reform in China. The recent government decision to revise forest policies, laws and regulations pertaining to forests, land and mining in Lao PDR, and related restructuring of government institutions are indicative of the serious intent of the government. It is in this context the National Workshop on Forest Tenure and Policies in Lao PDR is being organized on 28-29 November, 2011. The workshop aims to continue the process of learning about tenure

refor fro various cou tries, reflect o the experie ce of se ior Lao officers’ visit to Chi a

and determine the pathways to forest tenure reform in Laos. The workshop will be hosted by the Department of Forests of Lao PDR, and supported by the Center for People and Forests- RECOFTC and Rights and Resources Initiatives (RRI).

This workshop is planned to be organized in Vientiane, and expected that more than 100 participants representing government agencies, national assembly, civil society groups, and international organizations from Lao PDR will attend. In addition, some of the key resource persons from other countries particularly from China, Nepal, Brazil and Vietnam will also attend the workshop to share their experience in reforming forest tenure policies, laws and regulations.

Objectives:

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will also provide an opportunity to share experience with other countries on forest tenure policies, REDD and climate change in relation to the rights of community and indigenous groups.

Expected outcomes

- Better understanding on need of forest policy change, tenure reform and community rights amongst national stakeholders

- More specific inputs and recommendations for ongoing revision of forest policies, laws and regulations

- Precise inputs for national planning of forestry sector, REDD and climate change

Day 1: 28 November 2011

Outcome: Learn about the reform process in Lao PDR Resource person/Facilitator

TBD 8:30 Registration

9:00 Welcome addresses Dr. Silavanh Sawathvong

Mr. James Bampton 9:30 Official opening of the workshop and Address Dr. Ty Phommasack

Morning session

Outcome: Why and how other countries are reforming forest-tenure and rights-regime

9:45 An overview on tenure transformation in Asia and drivers behind change in tenure

Dr. Ganga Dahal

10:05 Current status of community based forest management in Lao PDR

Mr. Phomma Pathoummavong

Group Photos Organizer

10:30 Tea and coffee break

10:50 Current forest Policy and laws related to community based forest management in Lao PDR

Dr. Silavanh Sawathvong

11:10 Sharing experience of forest tenure in Vietnam Dr. Nguyen Quang Tan 11:30 Sharing experience of forest tenure in Nepal Dr. Keshav Kanel 11:50 Sharing experience of forest tenure in Brazil Mr. Luiz Carlos Joels

12:10 Discussion- Q and A 12:30 Lunch

Afternoon session

Outcome: Assessing Lao PDR tenure status in context of Asia and recommendations and inputs for

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Day 2: 29 November 2011

Morning session Resource person/facilitator

8:30 Plenary presentation of group works

PDR

1:30 Lesso s lear ed fro Chi a’s forest te ure experiences- sharing an outcomes of recent study trips

Mr. Chanthaviphone Inthavong Dr. Thavone Ithavong

1:50 Sharing experience of forest tenure in China Mr. Zhang Zhong Tian/Mrs. Li Shuxin/Ms Xiong Hong 2:10 New challenges and opportunity related to forest

tenure, land allocation and titling in Lao PDR

Mr. Chanthaviphone Inthavong

2:30 Announcement of Thematic issues to be discussed in Group Work

Dr. Khamla Phanvilay

2:40 Group Discussion

Thematic Issues to be Discussed in Group:

review of current status of policies and laws

– identify gaps, opportunities and assistance needs

Review of existing information and

knowledge system– identify existing, gaps, opportunities and assistance needs.

Review of institutional arrangement at both central and local levels to promote

community and private based management of forest resource– identify gaps,

opportunities and assistance needs.

 Review of existing external assistance related to community and private based

management of forest resource– identify gaps, opportunities and assistance needs.

Dr Silavanh Sawathvong

3:30 Continuation of the group works 17:00 Closing of Day 1

18:00 Reception Dinner

At Chowon KOREAN RESTAURANT

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9:30 Comments by key agencies: 1. National Assembly:

2. Ministry of Natural Resources and Environment 3. Faculty of Forestry of National University of Lao 4. International organization and projects

5. Local NGOs/Civil Society Organizations 6. Private sector

10:00 Tea and coffee break

10:15 Plenary discussion Dr. Khamla Phanvilay

Building Consensus on:

The desirability of reforming forest tenure arrangements:

Rationale / reasons for

Challenges / reasons against

Winners and losers Where reforms should focus:

Defining forest areas

Defining relationships between communities and forest areas

Policy and legislative changes

12:00 Suggestions for RRI support for 2012 Dr. Ganga Dahal 12:30 Closing Remarks and vote of thanks

Closing

Dr. Silavanh Sawathvong

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ANNEX 2: WORKSHOP PARTICIPANTS

National Workshop on Forest Tenure and Policies in Lao PDR

At the ICTC, 28 November 2011

NO 01 Ms. Souksawath Phongphichith Assistant Manager Admin

02 Mr. Bounthong SOPHAVANDY DDG Ministry of Trade and Industry

03 Mr. Sixomxeune Douang Souliya Dep. Head of Div. Dep.of Mining 04 Mr. Somphachanh

VONGPHASOUVANH

D.D --FRC/NAFRI NAFRI 05 Mr. Pethdavone National Coordinator UNDP 06 Mr. Mone Novansyvong Environment Specialist ADB 07 Mrs. Somsanith

BOUAMANYVONG

Vice President LBA

08 Ms. Khaikeo CHANTHAVISOUK Technician DOE/MONRE 09 Mr. Soubanh VICHITTRA Director of Division LAO Œ China coop 10 Dr. Palikone Thalongsengchanh Dep. DG LNRRIC NLMA

11 Mr. Virasith PHOMSOUVANH Officer MONRE

12 Mr. Somdy SIRIRATH DDG. of the Cabinet Ministry of Interior 13 Mr. Sombath KHOUNPANYA Director of Division MOST

14 Mr. Sounantha CHOUNLAMANY Secretary MAF

15 Mr. Bounpone SENGTHONG Dep. Head of Div. PFFFBMD/DOF 16 Mrs. Lomkham

SENGCHANOUDOM

Head of FRDF DoF

17 Miss. Phou NGANH Asset Management Div. Ministry of Culture and Information 18 Mr. Sousath SAYAKOUMMANE DDG of PSO MAF

19 Mr. Bounpheng VICHITH Officer FIPD

20 Ms. Bouangeunh Environment STORAŒENSO 21 Mr. DouangChanh Dep. Head of Div. Ministry of Interior 22 Mr. Phousit PHOUMAVONG PM Œ Project NAFES/PAREDD 23 Mr. Viengkeo BOUABAYON Head of sec. MOD

24 Mr. Soutvilay

DUANGPHACHANH

technician WEri

25 Mrs. Bouathip MANIVONG Head of Division Lao Women’s Union 26 Mr. Khamphong

VONGPHACHAN

Administration MOFA 27 Ms. Outhone PHETLUANGSY Dep. Head of technical

division 29 Mr. Khamphanh BOUPHA Head of Administration DOF 30 Mr. Soulivanh Sithphasay Interpreter

31 Mr. Boualy Phameuang Head of Division NAFES 32 Mr. Salongxay RASABUD Technical Officer DOA,MAF 33 Mr. Chanthaviphone

KHEUAPKHAMVONG

DPT MPT 34 Mr. Sombath Director PADETC

35 Mr. Souvanny Technical taff Ministry of Interior 36 Mr. Sysavanth Head of Division Cabinet of education 37 Miss Soudsada KEOMANY Technical staff National Assembly 38 Mr. Maniso SAMOUNTY DG of Department of

Economic

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40 Mr. Sengchanh SOMKEN Technical staff National Assembly 41 Miss Sengaloun VILAVONG Technical staff DOAP

42 Miss Khankham DOUANGSILA Country Representative CIDE LAOS 43 Mr. Lamphong Project Manager CIDSE/LIWG 44 Mr. Banethom THEPSOMBATH MEA Pro. Officer IUCN Lao PDR 45 Mr. Souvanna SINGHAVONG Technical staff Labour

46 Mr. Syvilay VORACHACK Head of Division Poverty Reduction Fund

47 Mr. Oloth SENGFAHEUANG Head of Division NAFRI 48 Mr. Savanhpheng PHOMMASANE Advisor SNV 49 Dr. Bouakham THIPHAVONG Vice President of

Committee on Economy Planning and Finance

National Assembly

50 Mr. Pinthong Technician DWR 51 Mr. Xaysavanh LATTHACHACK Technician DoE/MEM 52 Mr. Inpone PHAUVANAY Dep. Head of Div. MAWS 53 Mr. Bounmy KEOSIXANO Dep. Head of Div. MoJ 54 Mr. Saysamone PHOTHISAK Steering Committee of

DoFRM

MoNRE 55 Mr. Khamphone BOUNTHAVY Technician

Planning -&

Cooperation Division

DOFI

56 Mr. Sounthavong Technician MAF

57 Mr. Bounthong Xaisida Technician New Chip Xeng Group Co., LTD.

58 Mr. James Bampton Program Coordinator RECOFTC

59 Dr. Nguyeu Quang Tan Country Coordinator RECOFTC-Vietnam 60 Dr. Keshav Kanel Resource Person Nepal

61 Mr. Esa Puust jarvi CTA SUFORD 62 Mr. Satoshi Fujita Advisor FSCAP 63 Mr. Bill Mathefes Advisor FLEQ-T 64 Mr. Luiz Carlos Joels Resource Person Brazil

65 Dr. Ganga R.Dahal Asia Regional Failitator RECOFTC-RRI 66 Mr. Kota Hiranuma Chief Advisor FSCAP

67 Mr. Shinichiro Sujimoto Consultant FSCAP 68 Mr. Brieke Steenhof REDD Advisor SNV 69 Mr. Glenn Hurt Project Manager JVC

70 Dr. Unna Chokkaligan Manager Forest carbon Asian 71 Mr. Colin Moore REDD Advisor WCS

72 Mr. Seng Dao Head od Div LVL

73 Mr. Keokorakoth Technical DOF/DRRC 74 Mrs. Pranom Boupha Head of Div SSO

75 Dr. Ketkeo Phovangphet Head of Division DOP,MAF 76 Mr. Vantha Khouanthong Head of Division Dep. of Custom 77 Dr. Khamla Phanvilay Vice Dean Faculty of

Forestry-NUOL 78 Mr. Thongsoune Bounphasaisol NTC CLIPAD 79 Dr. Silavanh Sawathvong Director General DOF 80 Dr. Ty Phommasack Vice Minister MAF

81 Mr. Ladsamee Simmalayvong Manager Soumsonseunjai-MAF 82 Mr. Souksompong Prixa Lecturer FOF

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87 Mr. Somxay Sisanonh DDG NAFES

88 Mr. Eng Kuangmanivane Director OJI Lao (LPFL) 89 Mr. Methkham Keobouddy Director LFNC

90 Mr. Vat Chaleunphon DOL 91 Mr. Kham Deang Head of division DOL 92 Mr. Sivixay Salivanh Section DOL

93 Mr. Chanthaviphone Inthavong ADG LNRRICF-MONRE 94 Ms. Li SHUXIN Resource Person-DDG APF net - China 95 Ms. Xiong hong Resource

Person-Division Chief

SFA.CFIN-China 96 Ms. Thongsavath Boupha Coordinator RECOFTC-Laos 1 Mr. Anong Son Thippa Section Department of Land 2 Mr. Paddy Barke President NCSF

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ANNEX 4: DR. TY SPEECH

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ANNEX 5: WELCOME REMARKS-MR. JAMES BAMPTON

James Bampton, Program Coordinator RECOFTC – The Center for People and Forests

Mr. Chairman, Dr. Silivanh Sawathvong Dr. Ty Phommasack

Honorable guests

Ladies a d ge tle e ……

Firstly I’d like to reiterate Dr. Siliva h’s elco e to you all.I’ very pleased

to see so many people from such a wide variety of organisations. This surely reflects just how important the issues around forest and land tenure are you all.

I’d like to also specially welcome our invited resource persons from 4 other countries – all of whom have been intimately involved in forest tenure

refor s i their o cou tries. I’ looki g for ard to heari g a out hy

and how their countries undertook reform, what form it took and what the outcomes were for local people and forests. Having myself worked for 3 ½

years i Brazil a d 5 ½ i Nepal a d o supporti g ‘ECOFTC’s ork i

Vietnam and China I have some personal experience of the incredibly important and beneficial reforms they will speak about. I am certain many of the lessons learned are applicable in Lao PDR.

So, o that ote, I’d like to explai hy ‘‘I (the ‘ights a d ‘esources

Initiative) is supporting this event. But, firstly, what is RRI? Well, it is a coalition of 14 organisations (one of which is my organisation, RECOFTC – The Center for People and Forests). The coalition partners have a shared belief that empowerment of rural people and asset-based development for poverty reduction are part of a process that is dependent on a set of

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We recognise that Lao PDR is blessed with a broad and rich range of natural resources that underpin rural livelihoods and nutrition.

We recognise that important steps have already been made to categorise

forests i to productio ’, protectio ’ a d co servatio ’ forests and that management systems for each of these are being developed and

implemented. Nevertheless, Dr. Silivanh informs me that around 25% of the

cou try’s forests actually fall outside these categories a d it is these areas

that now need closer attention to be paid for their sustainable management.

We also recognise that Lao PDR has a long history of Participatory Land Use Planning and that many villages have identified village forests and areas for other land uses. Work needs to continue to now formalise land tenure arrangements planned through these processes.

However, we also recognise that there is a growing competing interest over land, water and forests between large-scale investors and rural, often poor, communities relying on the same natural resources for their subsistence. In this competition – although foreign direct investment when done properly can lead to improved access to services, expansion of local employment opportunities, spread of environmentally sound practices, and more

equitable participation in the development process – when done badly, the poor and women are most at risk and many rural people are experiencing negative effects, such as loss of agriculture, grazing and resource rich forest lands with no compensation, contaminated rivers and streams, and very little benefit to rural communities.

With this in mind, it is not really surprising that land issues are becoming increasingly raised in public debate, through the media and within the National Assembly. There are many organisations with first hand case studies and experiences that we all need to hear about if we are to able to meet the national goal of the 7th NSEDP to issue 1 million land titles

without creating conflict. I very much hope that this workshop will enable

so e stories fro the field’ to e shared a d that e ill agree o a

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RECOFTC has been at the vanguard of community forestry capacity building in the region for nearly 25 years now. RRI is only 5 years old, but already achieving some significant results. RRI held a regional conference in Lombok, Indonesia this year where the Indonesian government publicly committed to a series of actions to take forest tenure reform forward and participants urged for similar commitments across the region. A month

later at ‘ECOFTC’s i-annual Forum for people and Forests (this year held in Thailand) participants reiterated through a Call for Actio ’ for responsible authorities to:

 Clarify and mainstream community forestry policies within national forest programs and development strategies

 Accelerate the recognition and protection of local co u ities’ rights to forest lands, and give access to sizeable, productive and good quality forest. (amongst others)

So with all the above in mind, RRI’s engagement in Lao PDR through

RECOFTC has been exploring how we could help stakeholders increase their understanding of forest tenure issues and options for reform. A

multi-stakeholder meeting here in Vientiane in 2009 agreed that a self-selected

Lao Forest Te ure Lear i g Group’ co sisti g of e ers fro various

government age cies should visit the People’s ‘epu lic of Chi a for the International Conference on Forest Tenure Reform in Beijing and make a study tour in Yunnan to see the results of tenure reform in China first hand. Two groups have now visited China and they will share later some of the insights they have gained from these interesting experiences.

This workshop is the second component of the work, where we wish to share some of the learning from the Lao Forest Tenure Learning Group more widely with interested national stakeholders, learn jointly from the experiences within Lao PDR and of some other countries and discuss

together how this learning can be applied in the current context in Lao PDR.

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support to Lao PDR – the development of a short policy brief explaining the consensus and rationale behind it. We also hope that we can identify some very concrete next steps for us to work on collaboratively to take this process forward and indeed to also guide how RRI and RECOFTC can support the process in 2012.

I’d like to e courage those of you ith a i terest i further roade i g

your understanding of forest tenure issues to visit and utilise the resources assembled on the RRI and RECOFTC websites – where we also expect to make available the final products of this workshop.

I very much hope that you will all find the workshop stimulating and fruitful, and that it will indeed contribute to taking another step towards

securi g the sustai a le a age e t of the cou try’s valua le atural

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ANNEX 6: LIWG STATEMENT ON LAND TENURE

Chair Person, Distinguished Guests, Ladies and Gentlemen,

My Name is Glenn Hunt and I am a Vice Chair of the Land Issues Working Group of the

INGO network of Lao PDR. Firstly I'd like to express my gratitude at the invitation to

this exciting conference on Forest Tenure and Policies in Lao PDR.

Having worked for more than 7 years in community forestry in Southern Laos, I can

assure you that forest tenure is one of the most important issues presently facing forest

management in this country. Forests are an important aspect of the livelihoods of

villagers providing them with food security, nutritional sustenance, spiritual and

socio-cultural well-being, income, fuel, raw materials for housing tools and handicrafts, which

in turn provides rural communities with the source of quality and sustainable livelihoods.

Villagers have an obligation under the law to manage forests sustainably, but they cannot

manage forests without secure forest tenure rights.

Over the past 5-6 years Laos has seen a rapid expansion of foreign direct investment in

the agro-forestry sector. Despite many good policies and laws having been implemented

in Lao PDR, we are all aware of the many problems that the lack of monitoring and

enforcement of this investment has brought. Recently some villagers from Sekong

Province visited Vientiane Capital to seek assistance from the government due to the loss

of their forests to rubber plantations. I would like to show you an example from where I

work in Savannakhet Province of the way in which plantations investment has illegally

targeted dense forest for plantations development.

Show presentation

In summary, villagers have lived sustainably with their forests for hundreds of years and

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form an important part of sustainable forest management. Yesterday we witnessed very

interesting examples of how forest management by rural communities has led to

improved forest management when compared with State agencies. Villagers want to be

able to manage their forests, but without the right to say no to plantations development

over their forest lands, it is impossible for them to undertake this management. The Land

Issues Working Group views forest tenure as an important policy reform which is in

urgent need. This workshop is an important first step in undertaking this reform, and the

Land Issues Working Group and the broader INGO network are willing to coordinate our

efforts to assist the Government of Laos to empower rural communities, including young

people and women, to protect, preserve and promote sustainable forest management and

we look forward to working closely with all government line ministries and the National

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ANNEX 7:

Forest Tenure in Asia:

Status

and Trends

Ganga Ram Dahal Julian Atkinson James Bampton

28 November 2011, Vientiane

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Key Terms and Concepts

Tenure

as a bundle of rights which includes:

access, use, management, exclusion and

alienation

Ownership

refers to a particular type of tenure.

Exclusive and permanent rights

Forest or tree ownership: state, private, and

community

Forest land ownership: public or private

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Categories of Forest Land Ownership

Public

Administered by the

government

Designated for use by

communities and

indigenous groups

Private

Owned by individual

and firms

Owned by communities

and indigenous groups

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Slide Title

Relative Position of Forest Tenure of Asia in the

World

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Statutory Forest Tenure Distribution in Asia*

Country

Public

Private

Administer by government

Designated for use by communities and IPs

Owned and IPS Owned by individual and firms

2002 2008 2010 2002 2008 2010 2002 2008 2010 2002 2008 2010

Cambodia 11.08 10.08 8.17 0.00 0.06 0.13 0.00 0.00 0.00 0.46 0.98 1.19

Indonesia 108.25 134.16 131.18 0.22 0.26 0.36 0.00 0.00 0.00 1.49 2.68 2.73

Myanmar 34.55 32.18 n/a 0.00 0.04 n/a 0.00 0.00 n/a 0.00 0.00 n/a

Thailand 15.04 14.57 n/a 0.00 0.25 1.15 0.00 0.00 0.00 1.96 1.05 n/a

Vietnam 8.60 9.74 9.68 0.00 0.00 0.00 2.73 3.29 3.48 0.02 0.08 0.09

Australia 114.57 109.30 n/a 0.00 0.00 n/a 13.63 20.85 n/a 26.68 17.24 n/a

Papua New Guinea

0.80 0.26 n/a 0.00 0.00 0.00 25.90 25.51 n/a 0.00 0.00 n/a

China 73.34 72.47 n/a 0.00 0.00 n/a 99.44 1o8.91 n/a 0.00 0.00 0.00

Japan 10.50 10.24 n/a 0.00 0.00 n/a 0.00 0.29 n/a 14.60 14.44 n/a

India 53.60 49.48 n/a 11.60 17.00 n/a 0.00 0.00 n/a 5.20 1.07 n/a

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PNG:

more than 98 percent of forestland is owned by community; forest

under government administration has decreased from 0.8 mha in 2002 to

0.26 mha in 2008

Philippines:

trends towards community based forest management (CBFM)

as of 00 , CBFMA covers 5. illio hectares ( perce t of cou try’s

classified forestland) and involve more than 0.69 million households(FMB

2008), and IPRA Law 1997 providing titles over ancestral domain to IP

Thailand

: forest under government administration has decreased from

15.04 mha in 2002 to 13.42 mha in 2010; whereas area designated for use

by communities has increased from 0.25 mha in 2002 to 1.15 mha in 2010

Lao PDR:

52 percent of total forest area is allocated for community

management under the Land and Forest Allocation Programme, but legal

certificates are not issued yet for village forestry and communities have

limited involvement and benefit from production forestry. Recent issuance

of communal titling of land in Sangthong District is a landmark in terms of

ensuring community rights over resources

Changing Nature of Tenure in other Asian Countries

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Greater organizational connectivity and

movement amongst forest peoples- increasing

demand for change

Increasing incidence of violent conflict where

forest ownership is contested; in 20 years, 30

countries witnessed violent conflict in forest

areas

Why Forest Tenure is Changing ?

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An indicator of responsive governments in some

countries- more democratic and transparent,

greater devolution of ownership of land and

forest

Realization that, clarity of tenure is a pre

condition for good investment

Clear tenure enables responses to major

challenges like- climate change, commodity

demand and food security

Why Forest Tenure is Changing…..

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Economic:

growth/poverty reduction, commodity

demand and food security

Ecological:

Climate adaptation (poor will be the worst

sufferers), emission reduction (forest will play crucial

role, land degradation (a key resource for future)

Political:

Inequity/growing number of

conflicts/corruption

Social:

Human rights violation- international

accountability; more equitable and wider ownership

vs. concentration of resource ownership

Emergent and Imminent Challenges faced by Asian

Countries

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Food security-

China: between 1978 and 1982 China

increased food production by 400 percent by reforming

agriculture tenure

Forest based emission-

Brazil reduced forest based

emissions while recognizing the IP/Community

ownership over more than 135 million hectares of

forests

Conflict:

Govt. of India promulgates Forest Rights Act

restoring tribal rights in forest afflicted by violent

Maoist insurgency across northern part of India

What Lessons can We Draw in Dealing with these

Challenges

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Key Messages

Relative proportion of forestland allocated for

communities and individual remains insignificant

Individual and HH in China and Vietnam are granted

expanded ownership rights over forests

Transferring rights to local communities and indigenous

groups offer economic and ecological benefits

Recognition of ancestral territory of IPs could

substantially reduced conflicts in forest

Lack of political will and preference for protected areas

expansion are limiting the scope of forest tenure reform

Organized community networks are strategic to

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Tenure Reform is not the be- all and end-all

of all problems;

But Tenure Reform is a key pre-condition

to deal with emerging and imminent

challenges in Asia

Final take on message

(34)

Thank you very much

For more information please

access

www.recoftc.org

or

contact

[email protected]

Referensi

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