Property rights regimes and natural resources: A conceptual analysis revisited

More than two decades ago, Schlager and Ostrom (1992) developed ‘a conceptual schema for arraying property-rights regimes that distinguishes among diverse bundles of rights’. The conceptual framework has profoundly influenced research on natural resource governance, common property, and community resource management. However, currently natural resource governance has changed dramatically, challenging the applicability of the conceptual schema. There are now many more social actors involved in resource management than the local communities at the focus of original analysis. Additionally, resource management increasingly provides access to various kinds of benefits from outside the immediate context, including indirect benefits such as payments for environmental services and results-based payments for REDD+. These changes demand addition of new property rights to the original framework. Those changes of governance process demand addition of property right to original framework. This paper updates the conceptual schema in reaction to changes in natural resource governance, proposing three specific modifications on the focus of use rights, control rights and authoritative rights to come up with a framework that distinguishes eight types of property rights. We apply the framework to three purposefully selected governance interventions in China and Laos that include the provision of indirect benefits in addition to the direct benefits derived by local people from natural resources. The empirical application shows how contemporary governance changes may not lead to local people’s outright dispossession, since they continue to possess direct use rights to natural resources. However, local people may be excluded from control and authoritative rights, which are exercised exclusively by state agencies and international actors. The latter make available indirect benefits to local people, which may or may not translate into use rights in the sense of policy-based entitlements. The empirical insights suggest the possibility of a wider trend of ‘compensated exclusions’ in natural resource governance

Community land formalization and company land acquisition procedures: A review of 33 procedures in 15 countries

Indigenous and community lands, crucial for rural livelihoods, are typically held under informal customary tenure arrangements. This can leave the land vulnerable to outside commercial interests, so communities may seek to formalize their land rights in a government registry and obtain an official land document. But this process can be time-consuming and complex, and in contrast, companies can acquire land relatively quickly and find shortcuts around regulatory burdens. This article reviews and maps 19 community land formalization and 14 company land acquisition procedures is 15 countries in Africa, Asia and Latin America. Comparing community and company procedures identifies multiple sources of inequity

Seeing people through the trees : scaling up efforts to advance rights and address poverty, conflict and climate change

Forest areas have an integral role in the development agenda of the next several decades because of the myriad challenges that converge within their landscapes. Donor agencies and policy-makers can change historical patterns of forest governance and management as a first and critical step toward addressing the impending global challenges of climate change, ongoing conflict and persistent poverty. The report references past models of forest management to demonstrate the weaknesses in prior governance structures while emphasizing gaps and opportunities for the strategic involvement of the international community. The key messages and recommendations to emerge from this literature speak to the global development community, country governments and civil society regarding their roles in forest tenure reform and improved governance

Ch’ixi landscapes: Indigeneity and capitalism in the Bolivian Chaco

Contemporary debates around the ontological turn have pitted efforts to take indigenous ontologies seriously against demands to make visible the forms of dispossession and environmental suffering that characterize the (post)colonial and capitalist present. Meanwhile, a growing array of governmental projects seeks to identify and protect indigenous ontologies in the face of capitalist development processes, including through forms of collective tenure. How can we make sense of such initiatives, and what kind of territories do they encounter and produce? This paper engages this question ethnographically through an examination of everyday life in a legally recognized Native Community Land in the Bolivian Chaco. Drawing on Bolivian Aymara scholar Silvia Rivera Cusicanqui’s notion of ch’ixi, I argue that indigenous territories are neither ontologically separate from, nor entirely subsumed by, capitalist development processes. Rather, they are subject to multiple land values, ontologies, and investments. A contested indigenous land titling process, capitalist labor relations, hydrocarbon compensation money, and efforts to maintain relations with spirit beings are all interwoven in the fabric of Guaraní everyday life. Such ch’ixi landscapes emerge at the confluence of capitalist efforts at rendering territories investable, governmental efforts at managing dispossession, and Guaraní efforts to maintain life and exercise territorial sovereignty amidst contradictory processes of (post)colonial governmentality