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Larson, Anne M.; Monterroso, Iliana; Ram Banjade, Mani; Mwangi, Esther --- "Community rights to forests in the tropics" [2017] ELECD 222; in Graziadei, Michele; Smith, Lionel (eds), "Comparative Property Law" (Edward Elgar Publishing, 2017) 435

Book Title: Comparative Property Law

Editor(s): Graziadei, Michele; Smith, Lionel

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781848447578

Section: Chapter 20

Section Title: Community rights to forests in the tropics

Author(s): Larson, Anne M.; Monterroso, Iliana; Ram Banjade, Mani; Mwangi, Esther

Number of pages: 23

Abstract/Description:

Though most forests around the world are still state owned, forest tenure reforms over the past two decades have devolved rights in multiple ways to forest communities. This review places the discussion of forest tenure reform in the context of historical and current debates and the interests that underlie them. The cases of Peru and Indonesia illustrate a variety of forest tenure reforms that have been applied globally, ranging from those that grant full ownership to collectives or individuals, to shared rights or co-management with the state or private sector. Forest tenure reforms are in fact comprised of many reforms, and reforms that affect community rights to forests sometimes emerge from outside the forest sector. Progress in legal reforms depends substantially on the role of the state and social movements, as does what happens on the ground. Though there are often actors within the state that are sympathetic to communities, they are usually not very powerful. And ‘success’ at any point in time should not be seen as permanent but rather as likely to be met with opposition and attempts to roll back rights. Overcoming these obstacles to securing community rights requires coalitions for change and a clear understanding of the roots of opposition.