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Marta Fraticelli, Michel MerletPresentation for the conference on Taking stock of smallholders and community forestryMontpellier FranceMarch 24-26, 2010
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New Communities’ and Peasants’ Strategies in Bolivian Amazon.
Threats and Hopes for a Sustainable Use of Forest Resources.
Marta Fraticelli, Michel MerletMarch 2010. Montpellier.
Conference CIFOR, IRD, CIRAD. Taking Stock of Smallholder and community forestry : Where do we go from here ?
Fraticelli, Marta; Merlet, Michel. AGTER. Conference March 2010. Montpellier. 2
1. Introduction. Historical and Economical Context.2. Theoritical Considerations. Property Rights: Nature
and Construction.3. Community Studies
• Construction of Rigths over Land and Natural Resources• The “Saneamiento”(regularization of land titles)• Superposition of 2 different models of Land Access• Conflicts inside communities and between Forest
Communities and outsiders
• Discussion• Conclusion
Fraticelli, Marta; Merlet, Michel. AGTER. Conference March 2010. Montpellier. 3
Historical and Economical Context of the Bolivian Amazon.
1. Rubber Extraction and Barracas. A specific social and economic system
– Appropriation of rights over rubber trees– Exploitative system of workers (family
gathering, dependence for basic needs and alimentation, debts – habilito system.
– For more than 100 years, the barraca system has remained in place, controling all economic and social relations in the region.
Fraticelli, Marta; Merlet, Michel. AGTER. Conference March 2010. Montpellier. 4
Historical and Economical Context of the Bolivian Amazon.
1. Development of free agro-extractive communities.
• Cyclical crisis. Communities start to free themselves. / depending on political conditions.
• Diferent dynamics2. Redistribution of rights over land and NR
• “Agrarian Reform” … specificities in lowlands • Struggles between Barracas and Communities
• Decree 1999. 3.000.000 ha to 200 beneficiaries ?• Grassroot mobilisation of nut gatherers and indigenous• Decree 2000. average 500 ha for each agro-extractive family
through collective tiltles to communities in amazonian regions.
Fraticelli, Marta; Merlet, Michel. AGTER. Conference March 2010. Montpellier. 5
Competition for accessing land and natural resources
Competing actorsBarraquerosPeasant CommunitiesIndigenous Groups (TCO)Cattle ranchersTimber industries (concesions)
Fraticelli, Marta; Merlet, Michel. AGTER. Conference March 2010. Montpellier. 6
Theoritical Considerations. Property Rights: Nature and Construction
1. Property rights over land and NR : 3 main types
1. Use Rights over specific ressource products2. Management Rights, of establishing rules, of
giving access, linked with the spatial dimension of the territory
3. Transfer Rights, (to sell, to inherit, to concede for some time, …), linked with time.
Fraticelli, Marta; Merlet, Michel. AGTER. Conference March 2010. Montpellier. 7
Theoritical Considerations. Property Rights: Nature and Construction
1. Different Rigths Holdersi. Individualii. Collective, families, tribes, rural communities,
municipalities, States, …
2. Rights over NR and Land are not established once and for ever. Permanently evolving.
i. Top – Down Constructionii. Construction from below, through social legitimacy
3. Bolivia’s specific characters.
Fraticelli, Marta; Merlet, Michel. AGTER. Conference March 2010. Montpellier. 8
Community Studies
Agro- extractive communities in Pando (Bolivia). Location of the studied communities.
Merlet and Fraticelli, 2009. map prepared from CIFOR cartographic data
Fraticelli, Marta; Merlet, Michel. AGTER. Conference March 2010. Montpellier. 9
Community Studies
1. Construction of Rigths over Land and Natural Resources
2. The Saneamiento3. Superposition of 2 different models of
Land Access4. Conflicts inside communities and
between Forest Communities and outsiders
Fraticelli, Marta; Merlet, Michel. AGTER. Conference March 2010. Montpellier. 10
Construction of Rights over Land and Natural Resources. Saneamiento.
Villa FloridaStruggle against the Barrraquero
Collective Rights over a large
territory (30400 Ha)
Santa LourdesConsolidating individual areas through sales of improvements
A small fragmented area (6400 Ha)
Fraticelli, Marta; Merlet, Michel. AGTER. Conference March 2010. Montpellier. 11
Superposition of 2 ways of establishing Land Rights
Saneamiento / collective rightsIndividual rights only secured through local customs within the communities, not legally opposable to third parties
Social validation : Family rights over rubber and Brazil nut trees, and over mejoras
Main evolution of rights, slipping from :
access to fruits of groups of trees
to rights over land plots
Fraticelli, Marta; Merlet, Michel. AGTER. Conference March 2010. Montpellier. 12
What do we learn from those 2 situations ?
Santa LourdesIndividualisation of
rights first / saneamiento later
Collective entitlement as a way to secure rights
and to enlarge endowment of landSales / Purchases of
mejoras without enough control
Villa Floridathe saneamiento interno in
Villa Florida/ plots of 500 ha
≠ decree2 objectives
Internally redistribute access to NR
Secure individual rights
Fraticelli, Marta; Merlet, Michel. AGTER. Conference March 2010. Montpellier. 13
Conflicts and threats
Santa Lourdes
Conflicts in Compensation areasConflicts with former
land ownersSales of “mejoras / land” to outsiders
Villa Florida
(Conflicts with neighbours – barraqueros)
Internal conflicts / subdivision
Nature Reserve
Fraticelli, Marta; Merlet, Michel. AGTER. Conference March 2010. Montpellier. 14
usually, those rights are not sold they are not inherited
for ever
control rights of commercial fisheries belonging to community
foreigners are claimed by the communities
right to fish
usually, these rights are not sold they are not inherited
for ever-right to go hunting
community members
Everybody
national forest lawusually, these rights are not sold
they are not inheritedvalid as long as the person
lives in the community-
right to gather non-timber products (Palms,
etc.)or timber for domestic
use
community members
cannot be soldcan be inherited
Brazil nut recollection right, on groups of
trees.
cannot be soldcan be inherited
valid as long as the person lives in the community
historically not. Strongly claimed for the last
decades, now recognized or in process of being recognized
rubber recollection right on "estradas"
individual / family
Gathering, Hunting and fishing Rights
(individuals and families)
national forest law
cannot be soldTemporary transfer of Rights to
companies or to community members is possible (lease)
permanent, no prescription
access control to the territory is possible
management rules and use norms can be established
Access rights to all kinds of natural
resources
Community Legal Entity
(OTB, Grassroots Territorial
Organization)
national lawspermanentaccess control to the territorycontrol on natural resources
withdrawal-
Nature Reserve
Collective rights
rights to transfer the other rights
right validity
Limits, restrictions
relation with time
Management Rightsusufruct rightsright held
by
Fraticelli, Marta; Merlet, Michel. AGTER. Conference March 2010. Montpellier. 15
permanent, as long as grazing lands are
not reverted to forest
The farmer has an exclusive control over the grazing lands.
range lands and grazing lands, infrastructures (fences, enclosures,
…)The person who did the work
holds the rights on pastures and infrastructures
those established by the community
and by the national laws
Those rights can be (and are) inheritedThrough the sale of lasting improvements ("mejoras"), rights become more and more
permanent. Sales are frequently subjected to
community control. It is generally allowed to sell mejoras to another member of the
community, but selling to a foreigner cannot be done without a previous
agreement.
valid as long as the person works in the plot and lives in the
communityotherwise, rights
return to be held by the community
The farmer has an exclusive control over the reverted land /
bush fallow.
annual crops (chacos) including the reverted land – bush fallow
(whole crop rotation)The person who did the work
holds the right on the agricultural products.
It is not clear if those rights can be inherited
it seems that those rights cannot be sold
as long as the perennial crops
exist
the planterjust on the trees, valid even if the
soil is under the control of another person
perennial crops (planted trees)The person who did the work
holds the rights on the fruits given by the trees
those established by the community
and by the owner
it is possible to sell improvements "mejoras", just related with the crop, but it
does not occur.temporary
the farmerthe community or the "owner" give permission to clear the area
for cultivation (chaco) and to cultivate for one or two years.
After this period, the bush fallow is reverted under community
control
annual crops (chacos)The person who did the work
holds the rights on the agricultural product
individual /
family
Rights related to agricultural work, cattle breeding, or
tree plantations
rights to transfer the other rightsright validity
Limits, restrictions
relation with time
Management Rightsusufruct rightsmain rights
held by
Fraticelli, Marta; Merlet, Michel. AGTER. Conference March 2010. Montpellier. 16
Discussion. Conclusions. 1/2
•The present legal framework Individual rights OR collective rights•and economic dynamics (net income by ha. / difficil access to collective forest resources)
A key problem of governance
Consequences : •Forest destruction•Growing inequality in land tenure•Serious conflicts
Society,
collective
individual
Fraticelli, Marta; Merlet, Michel. AGTER. Conference March 2010. Montpellier. 17
Discussion. Conclusions. 2/2
Two legal traditions, compatible with changes (common law and Civil Code)
Important change in Bolivian constitution
How laws and rules can implement it ?IMPORTANCE OF
UNDERSTANDING RIGHTSRecomposition of bundles of rightsMeans and time are needed to built new governance schemes.
Society,
collective
individual
Fraticelli, Marta; Merlet, Michel. AGTER. Conference March 2010. Montpellier. 18
www.agter.asso.fr
AGTER, an Association for an Improved Land, Water and Natural Resource Governance.
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