Presentation is loading. Please wait.

Presentation is loading. Please wait.

Commons or Communal Land? A Framework for Understanding Property Rights in Practice Ruth Meinzen-Dick Senior Research Fellow International Food Policy.

Similar presentations


Presentation on theme: "Commons or Communal Land? A Framework for Understanding Property Rights in Practice Ruth Meinzen-Dick Senior Research Fellow International Food Policy."— Presentation transcript:

1 Commons or Communal Land? A Framework for Understanding Property Rights in Practice Ruth Meinzen-Dick Senior Research Fellow International Food Policy Research Institute 2015 World Bank Conference on Land and Poverty Washington DC, March 23-27, 2015

2 Classic Property Regimes aka “The Big Four” (Benda-Beckmann) Public property Private property Common property (Open access=no defined property rights)

3 Bundles of Rights

4 StateCollectiveIndividual Access Management Alienation Public Property Private Property Classic Property Rights Systems Withdrawal Exclusion Bundles of Rights Holder of Rights Common Property ?

5 Holders of Rights “Public” “Collective” or “Community” “Individual”

6 Holders of Rights “Public” – Global public, e.g. Ramsar convention – National public, e.g. Public Trust Doctrine – “The State” – Particular agencies, e.g. Forest Department – Local government, e.g. Panchayats “Collective” or “Community” “Individual”

7 Holders of Rights “Public” “Collective” or “Community” – All residents of an area – Defined user group, e.g. Forest User Group – Tribe, clan, or lineage Does chief hold land as individual or as custodian for a collective? “Individual”

8 Holders of Rights “Public” “Collective” or “Community” “Individual” – “Legal individual”, e.g. corporation or firm – Household Extended family Nuclear family Does “head” of household hold rights as individual or as custodian for members? – Individuals within household By gender By age/generation

9 “Communal Property” …primary forests and uncultivated woodlands are owned communally and controlled by an authority such as a village chief, whereas exclusive use rights of cultivated land are assigned to individual households of the community, and its ownership rights are held traditionally by the extended family (Otsuka and Place, 2001:12)

10 Allocation to non-members Cultivation Land manage- ment on own land Communal Tenure – W/out Commons Transfer within group StateCollective (CLA)Individual CLA members Access Management Alienation Withdrawal Exclusion Bundles of Rights Holder of Rights Regulation of wetlands, etc. Overall land management plan

11 Grazing Off-season State claims Allocation to members Sales to outsiders Cropping Cropping choices Planting trees Land use decisions Communal Tenure – With Commons Access Management Alienation Withdrawal Exclusion StateCollectiveIndividual Bundles of Rights Holder of Rights

12 Variations Rights defined under different legal systems (statutory, customary, etc.) Drawings by season Changes over time Impact of policies like decentralization (how many bundles of rights shift)

13 Collective community concession Carmelita Alienation Exclusion Access Withdrawal State- Enviro agency/ Energy Ministry Cooperativee COCODE Individual State maintains Allocation & Regulation of concession rights for timber and non- timber extraction and petroleum and gas Access to archaeological sites (guiding tours) Extraction of timber under management plan Customary settlement rights (40ha / family) Management of agricultural plots and pasture Forest management & use decisions for timber and non- timber agriculture and pasture Extraction of NTFPs Agro-cultivation & pasture, hunting (subsistence) Illegal land grabs and market for land improvements Illegal logging Allocated to concession holder Holders of Rights Management

14 Potential Applications of the “Tenure Box” Identifying right-holders in more nuanced way – Realistic picture of actors and institutions “state” not homogeneous “collective” at different levels, different bases of identification “individuals” within “households” Comparison of different views – By season, over years, under different legal claims Landscape-level analysis Tool for communities to deal with claims, deliberation, accommodating overlapping use Gaining recognition for overlapping rights


Download ppt "Commons or Communal Land? A Framework for Understanding Property Rights in Practice Ruth Meinzen-Dick Senior Research Fellow International Food Policy."

Similar presentations


Ads by Google