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close this bookBalancing Acts: Community-Based Forest Management and National Law in Asia and the Pacific (WRI, 1995, 204 pages)
View the document(introduction...)
View the documentForeword
View the documentAcknowledgments
View the documentPreface
View the documentIntroduction: Forests and People
Open this folder and view contentsI. Deforestation and the Prospects for Community-Based Management
Open this folder and view contentsII. Historical Overview: Colonial Patterns of Forest Management
Open this folder and view contentsIII. Contemporary Overview: The Legacies of State Ownership
Open this folder and view contentsIV. Community-Based Forest Management. Emerging Responses
Open this folder and view contentsV. Recognizing Private Community-Based Rights
Open this folder and view contentsVI. Promoting Sustainable Forest Management Through Community-Based Tenure
View the documentVII. Conclusion
View the documentAbout the Authors
View the documentAppendix A. Sample Forest Protection Lease
View the documentAppendix B. Sample Forest Community Lease
View the documentNotes
View the documentBibliography

Notes

1. Quoted in Madhav Gadgil et al., "Draft Background Notes for the Committee on National Forest Policy and Forest (Conservation) Act," (unpublished manuscript (dated 1989) on file at the Centre for Science and Environment in New Delhi), 39.

2. Mark Poffenberger, ed., Keepers of the Forest: Land Management Alternatives in Southeast Asia (West Hartford, Conn.: Kumarian Press, 1989), 19.

3. Data taken from World Resources Institute, in collaboration with the United Nations Environment Programme and the United Nations Development Programme, World Resources 1994-1995: A Guide to the Global Environment (New York: Oxford University Press, 1994), 86.

4. Figures taken from Charles V. Barber, Nels C. Johnson, and Emmy Hafild, Breaking the Logjam: Obstacles to Forest Policy Reform in Indonesia and the United States (Washington, D.C.: World Resources Institute, 1994), 4-5.

5. For a detailed discussion of the causes and ramifications of this natural disaster, see Pinkaew Leungaramsri and Noel Rajesh, eds.. The Future of People and Forests in Thailand After the Logging Ban (Bangkok: Project for Ecological Recovery, 1992).

6. For a detailed discussion of the causes of this natural disaster, see Marites Danguilan Vitug, The Politics of Logging: Power from the Forest (Manila: Philippine Center for Investigative Journalism, 1993).

7. "Huge Toll from South Asia Floods Tied to Environmental Degradation," The Christian Science Monitor, July 29, 1993: 1; and Binod Bhattarai, "Worse Floods in Living Memory Claim Hundreds of Lives," Inter Press Service, July 29,1993. It must be noted, however, that some analysts are not convinced that deforestation was the primary cause of these floods. Citing the inherent geological instability of the Himalayas, they contend that slumpage and mass wasting are inevitable and that floods are a regular occurrence in this part of the world: those that occurred in the summer of 1993 just happened to be worse than usual.

8. International Tropical Timber Organization (ITTO), Tropical Forest Management Update, June 1993, vol. 3, no. 3:10-12.

9. William Ascher, Communities and Sustainable Forestry in Developing Countries (San Francisco: Institute for Contemporary Studies Press, 1995), 11.

10. For a systematic presentation and refutation of these stereotypes, see Owen J. Lynch, Whither the People? Demographic, Tenurial, and Agricultural Aspects of the Tropical Forestry Action Plan, Issues in Development (Washington, D.C.: World Resources Institute, 1990).

11. Barber et al., 1994, see note 4.

12. Norani Visetbhakdi, "Deforestation and Reforestation in Thailand," Bangkok Bank Monthly Review, June 1989:243; and Pisit na Patalung, private communication, November, 1990.

13. World Bank, Philippines Environment and Natural Resource Management Study (Washington, D.C.: The World Bank, 1989), ix.

14. Robert Repetto, The Forest for the Trees?: Government Policies and the Misuse of Forest Resources (Washington, D.C.: World Resources Institute, 1988), 17-23.

15. For more detailed discussions of the dynamics of deforestation, see, e.g., Nels Johnson and Bruce Cabarle, Surviving the Cut: Natural Forest Management in the Humid Tropics (Washington, D.C.: World Resources Institute, 1993); and Maria Concepcion Cruz, Carrie A. Meyer, Robert Repetto, and Richard Woodward, Population Growth, Poverty, and Environmental Stress: Frontier Migration in the Philippines and Costa Rica (Washington, D.C.: World Resources Institute, 1992).

16. Lynch, 1990, see note 10.

17. See Cruz et al., 1992, see note 15.

18. United Nations Conference on Environment and Development Report, 1991, 61. The loss of biodiversity, by contrast, was blamed on the national policies that promote and subsidize the clearing of land for agriculture. United Nations Conference on Environment and Development Report, 1991, 63.

19. Cruz et al., 1992, 25-28, see note 15; Yongwuth Chalamwong and Gershon Feder, Land Ownership Security and Land Values in Rural Thailand, World Bank Staff Working Papers No. 790 (Washington, D.C.: The World Bank, 1986); and William C. Thiesenhusen, "Implications of the Rural Land Tenure System for the Environmental Debate: Three Scenarios," The Journal of Developing Areas 26 (October 1991):1.

20. This shortcoming is prevalent in most countries with tropical forests. Lynch, 1990, see note 10.

21. Though the transmigration program was initiated in 1905, a full one-third of the total number of resettlements took place in the two year period 1984-1986 as part of the Third Five-Year Plan. The World Conservation Union (IUCN), N. Mark Collins, Jeffrey A. Sayer, Timothy C. Whitmore, eds.. The Conservation Atlas of Tropical forests, Asia and the Pacific (London and Basingstoke: Macmillan Press Ltd., 1991), 36-37.

22. See, e.g., Michael R. Dove, "Theories of Swidden Agriculture and the Political Economy of Ignorance," Agroforestry Systems (The Hague: Martinus Nighoff, 1983) 1:85-99, and Katherine Warner, Shifting Cultivators: Local Technical Knowledge and Natural Resource Management in the Humid Tropics (Rome: Food and Agriculture Organization, 1991).

23. This insight was first published by the FAO in 1957 in a book written by Harold Conklin, Hanunoo Agriculture: A Report on an Integral System of Shifting Cultivation in the Philippines (Rome: Food and Agriculture Organization of the United Nations (FAO). For more recent insights, see Katherine Warner. Shifting Cultivators: Local Technical Knowledge and Natural Resource Management in the Humid Tropics. Rome: Food and Agriculture Organization of the United Nations, 1991; Janis B. Alcorn, "Indigenous Agroforestry Strategies Meeting Farmers Needs," in Anthony Anderson, ed. Alternatives to Deforestation: Steps Toward Sustainable Use of the Amazon Rain Forest (New York: Columbia University Press, 1990); Julie Denslow and Christine Padoch, eds.. People of the Tropical Rain Forest (Berkeley: University of California Press, 1988); S. C. Chin, "Do Shifting Cultivators Deforest?" Forest Resources in the Third World (Penang, Malaysia: Sahabat Alam Malaysia, 1987); Jaganath Pathy, "Shifting Cultivators of India: Bearing the Brunt of Development" Forest Resources in the Third World; Michael Dove, Swidden Agriculture in Indonesia: The Subsistence Strategies of the Kalimantan Kantu' (Berlin: Mouton Press, 1985); Swidden Cultivation in Asia, 3 Vols. (Bangkok: UNESCO Regional Office, 1983); Michael Dove, "Swidden Agriculture and the Political Economy of Ignorance," Agroforestry Systems (The Hague: Martinus Nighoff, 1:85-99,1983); Harold Olafson, ed.. Adaptive Strategies and Change in Philippine Swidden-based Societies (Los Baños, Philippines: Forestry Research Institute, 1981); Terry Grandstaff, Shifting Cultivation in Northern Thailand (Tokyo: United Nations University, 1980); Joseph Weinstock, "Land Tenure Practices of the Swidden Cultivators of Borneo," master's thesis, Cornell University, 1979; Peter Kunstadter, E. C. Chapman, and Sanga Sabhasri, Farmers in the Forest: Economic Development and Marginal Agriculture in Northern Thailand (Honolulu: University of Hawaii Press, 1978); and J. E. Spencer, Shifting Cultivation in Southeast Asia (Berkeley: University of California Press, 1966).

24. For examples, see David Western and R. Michael Wright, eds., Natural Connections: Perspectives in Community-based Conservation (Washington, D.C. and Covel, CA: Island Press, 1994).

25. This process was the basis of Garrett Hardin's famous treatise, "The Tragedy of the Commons," which postulated that such situations are promoted when community-based resource management systems are delegitimized and states fail to manage the resource. When community-based tenure is weakened, sustainable production is often undermined and falls victim to the race for short-term gain by anyone and everyone. In effect, public land and other public resources belong to no one in particular and thus to everyone in general.

26. The distinction is important and the need for a standardized use of the term is highlighted in David Western, et al, eds., Natural Connections: New Perspectives in Community-Based Conservation (Washington, D.C.: Island Press, 1994). Of twelve case studies presented in the book, only one was actually initiated and directed by the local community involved. This is not to criticize the authors or the experiences they described and analyzed. Rather, it is an effort to promote a limitation on the use of the term "community-based."

27. See, e.g., Michael Dove, "Government Perceptions of Traditional Social Forestry in Indonesia: The History, Causes and Implications of State Policy on Swidden Agriculture," Community Forestry: Socioeconomic Aspects, (Rome: Food and Agriculture Organization of the United Nations (FAO), 1985); and J.E. Spencer, Shifting Cultivation in Southeast Asia (Berkeley: University of California Press, 1966).

28. For an extended discussion of the dynamics of community-based resource management, see Margery L. Oldfield and Janis B. Alcorn, eds.. Biodiversity: Culture, Conservation, and Ecodevelopment (Boulder, CO: Westview Press, 1991).

29. For more detailed discussion, see Owen J. Lynch and Janis B. Alcorn, "Tenurial Rights and Community-based Conservation," in David Western and R. Michael Wright, eds.. Natural Connections: Perspectives in Community-based Conservation (Washington, D.C. and Covelo, CA: Island Press, 1994), 373-392.

30. Elinor Ostrom, Governing the Commons: The Evolution of Institutions for Collective Action (Cambridge: Cambridge University Press, 1990).

31. See, e.g.. Nancy Peluso, Rich Forests, Poor People and Development: Forest Access Control and Resistance in Java (Berkeley: University of California Press, 1994); Louise Fortmann and John W. Bruce, Whose Trees?: Proprietary Dimensions of Forestry (Boulder, CO: Westview Press, 1988); and Barber et al., 1994, see note 4.

32. Boyce Rensberger, "Out of Africa 1.8 Million Years Ago? Java Man Fossils Older then Thought," The Washington Post, Feb. 24,1994, A4.

33. R. L. Winzeler, "Ecology, Culture, Social Organization and State Formation in Southeast Asia," Current Anthropology, 1976, vol. 17, no. 4:624.

34. D.G.E. Hall, A History of South-East Asia, Fourth Edition (New York: St. Martin's Press, 1981), 236-238.

35. Wilhelm G. Solheim II, "New Light on a Forgotten Past," National Geographic, March 1971, vol. 139, no. 3:330-339.

36. Hall, 1981, 236-238, see note 34.

37. For a discussion of the history of forest depletion in England, see Chapter 10, "England," in John Perlin, A Forest Journey: The Role of Wood in the Development of Civilization (New York and London: W.W. Norton & Company, 1989), 163-245.

38. J. Ball, Indonesian Legal History (Sydney: Oughtershaw Press, 1982), 116-117.

39. Proclamations of May 3,1800 and October 3,1801, applying to the maritime provinces.

40. Government of Sri Lanka (GOSL), Report of the Land Commission, 1987 (Colombo: Sri Lanka: Department of Government Printing, 1990), Section 5.14.

41. The state originally gave birta lands to an individual as a reward for bravery, especially in military action. Birta lands subsequently came to include any state-granted territory that was exempt from land taxes. Source: Mahesh C. Regmi, Land Tenure and Taxation in Nepal, Bibliotheca Himalayica Series 1, vol. 26 (Kathmandu: Rama Pustak Bhandar, 1978), 348.

42. Ibid.

43. Nicholas P. Cushner, Landed Estates in the Colonial Philippines (New Haven: Yale University Southeast Asia Studies, 1976), 68.

44. John L. Phelan, The Hispanization of the Philippines: Spanish Aims and Filipino Responses (Madison: University of Wisconsin Press, 1959), 94.

45. Emma H. Blair and James A. Robertson, eds., The Philippine Islands, 1493-1898 (Mandaluyong, Philippines: Cachos Hermanos, 1903-09,1973 edition), vol. 34:249.

46. Ibid., vol. 34:302-3.

47. Carl C. Plehn, "Taxation in the Philippines," Political Science Quarterly, 1901-02, vol. 16:680-711 and vol. 17:125-48.

48. Blair and Robertson, 1903-09, vol. 51:182-273, see note 45.

49. Karl J. Pelzer, Pioneer Settlement in the Asiatic Tropics: Studies in Land Utilization and Agricultural Colonization in Southeast Asia (New York: American Geographical Society, 1945), 90; and David R. Sturtevant, Popular Uprisings in the Philippines, 1840-1940 (Ithaca: Cornell University Press, 1976), 37.

50. For a fascinating analysis of the political and economic origins of the Spanish-American War see Luzviminda Bartolome Francisco and Jonathan Shepard Fast, Conspiracy for Empire: Big Business, Corruption and the Politics of Imperialism in America 1876-1907 (Quezon City, Philippines: Foundation for National Studies, 1985).

51. For more detailed discussion, see Owen J. Lynch, Colonial Legacies in a Fragile Republic: A History of Philippine Land Law and State Formation with Emphasis on the Early U.S. Regime (1898-1913), J.S.D. (Doctor of Laws) dissertation, Yale University Law School, 1992.

52. Philip Hirsch, "Forests, Forest Preserves, and Forest Land in Thailand," The Geographical Journal, 1989, vol. 156, no. 2:166-74. These local leaders were described as feudal chiefs whose "forests were recognized, in general, as properties to be maintained... and passed on to their heirs. According to the property rights of the day, the chiefs allowed concessionaires to exploit the teak forests. The deterioration of the forests was evident and disputes among the concessionaires were widespread." Thailand Development Research Institute (TDRI), Thailand Natural Resources Profile: Is the Resource Base for Thailand's Development Sustainable? (Bangkok: Thailand Development Research Institute, 1987), 83.

53. There is considerable confusion as to when, and pursuant to what law, the claim was made. Amara Pongsapich cited Ministry of Justice Document 74/3425 and wrote that "the first land law" promulgated on April 1,1892, indicated that "all land belonged to the King." Amara Pongsapich, Action Plan for a Private Tree Farm Development Program, Thailand: A Socio-Commercial Approach, Socio-economic Aspects, Annex 10 (Bangkok: PACMAR, Inc., (in association with A&R Consultants), 1989), 5. Other studies cited 1899 as the year. TDRI (Thailand Development Research Institute), Thailand Natural Resources Profile: Is the Resource Base for Thailand's Development Sustainable? (Bangkok: Thailand Development Research Institute, 1987), 83; and Lert Chuntanaparb and Henry I. Wood, Management of Degraded Forest Land in Thailand (Bangkok: Kesetsart University, 1986), 79.

54. Thailand Development Research Institute (TDRI), Thailand Natural Resources Profile: Is the Resource Base for Thailand's Development Sustainable? (Bangkok: Thailand Development Research Institute/1987), 83.

55. Toru Yano, "Land Tenure in Thailand," Asian Survey, 1968, vol. 8, no. 10:853.

56. Daniel Bromley, "Property Relations and Economic Development: The Other Land Reform, World Development, 1989, vol. 17, no. 6:867-877.

57. Sandra Moniaga, "Towards Community-Based Forestry and Recognition of Adat Property Rights in the Outer Islands of Indonesia: A Legal and Policy Analysis" in Jefferson Fox, ed., Legal Frameworks for Forest Management in Asia: Case Studies of Community/State Relations, (Honolulu, East-West Center), 1993, 131-150. Abdurrahman, Hukum Adat Menurut Perundang Undangan Republik Indonesia (Customary Law According to the Legal System of the Republic of Indonesia) (Jakarta: Cendana Press, 1984); and I. Sudiyat, Hukum Adat (Customary Law) (Yogyakarta, Indonesia: Liberty, 1981).

58. Abdurrahman, 1984, and I. Sudiyat, 1981, see note 57.

59. Charles V. Barber and G. Churchill, Land Policy in Irian Jaya: Issues and Strategies (Jakarta: Government of Indonesia/United Nations Development Programme, 1987).

60. Peraturan Pemerintah No. 21/1970 tentang Hak Pengusahaan Hutan dan Hak Pemungutan Hasil Hutan [Government Regulation No. 21/1970 concerning the Right of Forest Exploitation and the Right to Harvest Forest Products].

61. Charles V. Barber, "The Legal and Regulatory Framework for Forest Production in Indonesia" (included as Appendix 1) in Charles Zerner, Legal Options for the Indonesian forestry Sector (Jakarta: Government of Indonesia/United Nations Food and Agriculture Organization, 1990).

62. A. H. Pramono, A Brief Review on forest Land Use and Deforestation in Indonesia (Jakarta: Wahana Lingkungan Hidup Indonesia (WALHI), 1991); and Regional Physical Planning Programme for Transmigration (RePPProT), The Land Resources of Indonesia (Jakarta: Overseas Development Administration (UK) and Department of Transmigration (Indonesia), 1990).

63. Government of Indonesia, Biodiversity Action Plan for Indonesia (Jakarta: Ministry of National Development Planning/National Development Planning Agency, 1991).

64. Sections 14 and 31.

65. The 1985 law also provided for a proportional system of land subclassification. Fifteen percent of the kingdom's total land area was to be subclassified as conservation or protection forests. Conservation forests include forest reserves that have been designated as wildlife sanctuaries or national parks, entities that contain most of the kingdom's remaining forests. By 1988, more than 20 million hectares, or 40 percent of the kingdom's total land mass, had been designated as "forest reserves." Amara Pongsapich, "Action Plan for a Private Tree Farm Development Program, Thailand: A Socio-Commercial Approach," Socio-economic Aspects, 1989, Annex 10, Table 10.6 (citing Royal Forestry Department statistics).

66. There were also 31 wildlife sanctuaries encompassing a total of 2,470,054 hectares and 59 national parks covering a total of 3,041,599 hectares. An additional 22 parks, covering 1,136,543 hectares, were pending approval. If the National Forestry Policy was to be fully implemented, however, an additional 1,048,566 more hectares would need to be designated as conservation forests.

67. Newspaper accounts of the opposition and eventual abandonment of the eviction can be found in "Villagers Protest Land Resettlement Programme," The Bangkok Post, April 26, 1992; Ploenpoch Varanien, "Land Resettlement Compromise Reached," The Bangkok Post, July 17, 1992; and Ann Danaiya Usher, "Huay Kaew: Broken Promises," The Nation, September 20,1991.

68. Social Research Institute of Chiangmai University, Research and Development Institute of Khon Kaen University, Non-Governmental Organization Co-ordinating Committee on Rural Development (NGO-CORD), Northern and Northeastern Chapters, and Local Development Institute. Community Forestry: Declaration of the Customary Rights of Local Communities: That Democracy at the Grassroots, Results of the "Community Forestry in Thailand: Development Perspectives" workshop, held at the Women Studies Center of the Social Sciences Faculty, Chiangmai University, June 27-28, 1992. (mimeo). Paragraph 16.4 (p. 26).

69. Ministry of Agriculture and Cooperatives Royal Forest Department, Thai Forestry Master Plan, vol. 5:85 (Bangkok), 1993.

70. Philippine Department of Environment and Natural Resources (DENR), Philippine Forestry Statistics, 1993 (Quezon City: Forest Management Bureau, 1994).

71. The Word Bank, Philippines: Environmental and Natural Resource Management Study (Washington, D.C.: The World Bank, 1989), ix.

72. Maria Concepcion Cruz, Imelda Zosa-Feranil, and Cristela L. Goce, Population Pressure and Migration: Implications for Upland Development in the Philippines, Working Paper No. 86-06, Center for Policy and Development Studies (Los Baños: University of the Philippines at Los Baños/1986), 12-13.

73. Maria Concepcion Cruz, private communication, March 10, 1995.

74. "Tribes to Get Ancestral Lands," The Manila Chronicle, November 24,1988:8.

75. Presidential Decree No. 705, Section 15 declares that "[n]o land of the public domain 18% in slope or over shall be classified as alienable and disposable." Additional criteria in Section 16 preclude the alienable and disposable label for areas less than 18% in slope which are "... less than 250 hectares and far from or not contiguous with any certified alienable and disposable land." Alienable and disposable certification was also prohibited for areas previously proclaimed by the President as forest reserves.

76. If it was addressing a serious environmental concern, the 45% figure would presumably apply on an island-to-island, as opposed to an archipelagic, basis. As of 1995, however, more than 75% of the islands of Bohol, Basilan, Cebu, and Negros were identified for classification as agricultural and certification as alienable and disposable. On the other hand, more than half of the total land area in provinces with high concentrations of indigenous occupants was identified for classification as permanent forest. These provinces include Agusan del Sur, Ifugao, Mountain, Kalinga-Apayao, and Occidental Mindoro. Philip- pine Department of Environment and Natural Resources (DENR), Philippine Forestry Statistics, 1993 (Quezon City: Forest Management Bureau, 1994).

77. The World Bank, Philippines: Environment and Natural Resource Management Study (Washington, D.C.: The World Bank, 1989), 10 (Paragraph 2.4). In Paragraph 2.2 the study noted that "of the area presently classified as A&D land, it appears that at least 13% and, according to some recent estimates, perhaps 35% has slopes in excess of 18%. Conversely, as much as 28% of Forest Lands is estimated to have slopes under 18%, although much of this is found at higher altitudes."

78. Ibid.

79. Ibid., 86, paragraph 6.5.

80. Philippine Presidential Decree No. 1998 (1985).

81. Government of Sri Lanka (GOSL), Natural Resources of Sri Lanka: Conditions and Trends, A Report Prepared for the Natural Resources, Energy, and Science Authority of Sri Lanka (Colombo, Sri Lanka: Keells Business Systems, Ltd., 1991), 53.

82. Ibid., 53. In 1981 the United Nations Food and Agriculture Organization reported that the 3.5 percent annual rate of deforestation was the highest in Asia, except for Nepal. The higher deforestation estimate was made by World Resources Institute, in collaboration with The United Nations Environment Programme and The United Nations Development Programme, World Resources 1992-93, (New York: Oxford University Press, 1992), 287.

83. Government of Sri Lanka (GOSL), Natural Resources of Sri Lanka: Conditions and Trends, A Report Prepared for the Natural Resources, Energy, and Sciences authority of Sri Lanka (Colombo, Sri Lanka: Keells Business System, Ltd., 1991), 59-62.

84. GOSL (Government of Sri Lanka), Report of the Land Commission, 1987, see note 38, Paragraph 5.21.

85. Government of Sri Lanka, 1991, 102 and 198, see note 82. This estimate was made in 1984 by the Land Division of the Irrigation Department. The total area under chena cultivation is believed to have increased since then.

86. Ibid., 61 and 63 respectively. The loss of biodiversity, by contrast, was blamed on the national policies that promote and subsidize the clearing of land for agriculture.

87. Forest Ordinance, Sections 6 and 7. Similar prohibitions are found in the Fauna and Flora Protection Ordinance of 1938 (Sections 3 to 10).

88. Government of Gujurat, Gujurat Forest Manual, Volume III: Forest Rights, Privileges, Concessions and Cognate Matters (Ahmedabad: Government of Gujurat Press, 1979), 20.

89. Robert Chambers, N.C. Saxena, and Tushaan Shah, To the Hands of the Poor: Water and Trees (Boulder, CO: Westview Press, 1989), 148.

90. Mark Poffenberger, "The Resurgence of Community Forest Management in the Jungle Mahals of West Bengal" (presented to the Conference on South Asia's Changing Environment, Bolagio, Italy, March 16-20,1992).

91. See V. Dhagamvar, "Rehabilitation: Policy and Institutional Changes Required," in Walter Fernandes and Enakshi Ganguli Thakral, eds.. Development, Displacement and Rehabilitation (New Delhi: Indian Social Institute, 1989).

92. B. D. Sharma, 29th Report of the Commissioner for Scheduled Castes and Scheduled Tribes (1989) (Fardiabad: Government of India Press, 1990), 108-9.

93. See A. L. Joshi, "Nationalization of Forest in Nepal: Why Was It Needed?," The Nepal Journal of Forestry, October 1991, vol. VII, no. 1:13-15.

94. See, e.g., Shantam S. Khadka and Surya K. Gurung, Popular Management of Forest Resources in Selected Districts of Selected Zone: Review of Laws and Regulations on Forestry User Groups (Kathmandu, Nepal: Centre for Economic Development and Administration, Tribhuvan University, 1990); and Deepak Bajracharya, "Deforestation in the Food/Fuel Context, Historical and Political Perspective from Nepal," Mountain Research and Development, 1983, vol. 3, no. 3.

95. See, e.g., Michel Pimbert and Jules N. Pretty, Parks, People and Professionals: Putting "Participation" into Protected Area Management (Geneva, United Nations Research Institute for Social Development, 1995). Michael Wells and Katrina Brandon, Parks and People (Washington, D.C.: The World Bank, 1992); G. Borrini, Enhancing People's Participation in the Tropical Forests Action Programme (Bangkok: Food and Agriculture Organization of the United Nations (FAO), 1993); and P. Eaton, Land Tenure and Conservation: Protected Areas in the South Pacific (Noumea, New Caledonia: South Pacific Commission, 1985).

96. The importance of incentives, particularly tenurial incentives for indigenous peoples has been highlighted in many recent studies. See, e.g., Alan T. Durning, "Supporting Indigenous Peoples," in Lester R. Brown et al.. State of the World 1993: A Worldwatch Institute Report on Progress Toward a Sustainable Society (New York and London: W. W. Norton and Company, 1993); Jefferson Fox, Owen Lynch, Mark Zimsky, and Erin Moore, eds.. Voices from the Field: Fourth Annual Social Forestry Writing Workshop (Honolulu: East-West Center, 1992); Owen J. Lynch and Kirk Talbott, "Legal Responses to the Philippine Deforestation Crises," Journal of International Law and Politics, 1988, vol. 20, no. 3 (New York: New York University Press, 1988); Peter Poole, Developing a Partnership of Indigenous Peoples, Conservationists, and Land Use Planners in Latin America, a World Bank Policy, Planning, and Research Working Paper (Washington, D.C.: The World Bank, 1989); Shelton H. Davis, Indigenous Peoples, Environmental Protection and Sustainable Development (Gland, Switzerland: International Union for the Conservation of Nature and Natural Resources (IUCN), 1988); and Shelton H. Davis and Alaka Wali, Indigenous Territories and Tropical forest Management in Latin America, a Policy, Planning, and Research Working Paper #1100 (Washington, D.C.: The World Bank, 1993).

97. Derived from data in World Resources Institute, in collaboration with the United Nations Environment Programme and the United Nations Development Programme, World Resources Report 1994-95 (New York: Oxford University Press, 1994), 268 and 284.

98. World Resources Institute and the International Institute for Environment and Development, World Resources 1986 (Washington, D.C.: World Resources Institute, 1986), Table 2.1, p. 237.

99. National Forest Policy, 1988 (reprinted in Society for the Promotion of Wastelands Development, Joint Forest Management Update (New Delhi: Society for the Promotion of Wastelands Development, 1993).

100. Madhu Sarin, From Conflicts to Collaboration: Local Institutions in Joint Forest Management, Joint Forest Management Working Paper No. 14 (New Delhi: National Support Group for Joint Forest Management, Society for Promotion of Wastelands Development and The Ford Foundation, 1993).

101. For a more complete discussion of the history and current status of community forestry legislation in Nepal, see Kirk Talbott and Shantam Khadka, "Handing it Over: An Analysis of the Legal and Policy Framework of Community Forestry in Nepal,' Issues in Development (Washington, D.C.: World Resources Institute, 1994).

102. See e.g., Michael R. Dove, Foresters' Beliefs About Farmers: A Priority for Social Science Research in Social Forestry (Honolulu: East-West Center, 1991); and Lynch, note 10.

103. The Integrated Social Forestry Program was launched by Presidential Letter of Instruction No. 1260, dated July 28,1982. The letter instructed the then Ministry of Natural Resources and other concerned government bureaucracies to establish a program that included a leasehold component for all citizens who resided within the "public" forest zone on or before December 31,1981.

104. The Forest Land Management Agreement is a follow-through of the Contract Reforestation Program, funded chiefly by the Asian Development Bank. It is implemented under Department of Environment and Natural Resources Administrative Order No. 71, series 1990, as amended. Its parent regulation is the Contract Reforestation rules of Department of Environment and Natural Resources Administrative Order No. 31, series 1988. For a contractor to acquire a Forest Land Management Agreement, he is required to show that an area, formerly subjected to tree plantation activities under the Community Forestry Program, is fully planted and that 80% of the trees planted are surviving.

105. See Department of Environment and Natural Resources Administrative Order No. 2 of 1993.

106. Republic Act No. 7586 was approved on June 1,1992. The Implementing Regulation is Department of Environment and Natural Resources Administrative Order No. 25, series of 1992.

107. Sec. 1, Article I, of the Department of Environment and Natural Resources Administrative Order No. 02, series of 1993.

108. Christian Erni, "Mangyan Reject National Park: What Went Wrong with IPAS on Mindoro?," International Working Group on Indigenous Affairs Newsletter (July/August/September 1993).

109. Legal Rights and Natural Resources Center - Kasama sa Kalikasan/ Friends of the Earth - Philippines (LRC-KSK), Ancestral Domain Rights and the IFP (Quezon City, Philippines: LRC-KSK, 1995).

110. Legal Rights and Natural Resources Center - Kasama sa Kalikasan/Friends of the Earth - Philippines (LRC-KSK), From Timber License Agreements to Sustainable Forest Agreements: Continuing Unsustainability and Inequity in Philippine Forest Policy, A Special Report (Quezon City, Philippines: LRC-KSK, 1995).

111. Disathat Rojanalak, "Concrete Jungle on Forest Reserve Dilemma for Authorities," The Bangkok Post, November 11, 1990.

112. Kamon Pragtong and David E. Thomas, "Evolving Management Systems in Thailand," in Mark Poffenberger, ed.. Keepers of the Forest: Land Management Alternatives in Southeast Asia (West Hartford, CT: Kumarian Press, 1990), 172. A similar "amnesty" was issued by the Philippine government in 1975. Whether these amnesties actually encourage migration into forest areas is a matter of debate.

113. Lert Chuntanaparb and Henry I. Wood, Management of Degraded Forest Land in Thailand (Bangkok: Kesetsart University, 1986), 41.

114. For a comprehensive overview of existing projects and programs, see Lert Chuntanaparb and Henry I. Wood, Management of Degraded Forest Land in Thailand (Bangkok: Kesetsart University, 1986); Yongwuth Chalamwong and Gershon Feder, Land Ownership Security and Land Values in Rural Thailand, World Bank Staff Working Paper No. 790 (Washington, D.C.: The World Bank, 1986); and Tongroj Onchan, ed., A Land Policy Study (Bangkok: Thailand Development Research Foundation, 1990).

115. Author's interview with the RFD Community Forestry Extension and Development Section, November, 1990.

116. Sections 4 and 31 of the 1978 Constitution guarantee Thais equal protection of law. Section 33 requires that "fair compensation shall be paid in due time to the owner" of the property right. "The amount of compensation... shall take into consideration the mode of acquisition, nature, and condition of the immoveable property, as well as the cause and purpose of the expropriation, so as to serve social justice." Section 18 of the Expropriation of Immoveable Property Act of 1987 requires that "Compensation shall be given to... the legitimate owner or possessor of land to be expropriated."

117. Government of Sri Lanka, 1991, 211, see note 81.

118. Ibid, 7.

119. Agrarian Research and Training Institute (ARTI), Community Forestry Project Baseline Survey (Colombo, Sri Lanka: ARTI, 1987).

120. Ibid.

121. L. Ostergaard, "Traditional Swidden Cultivators and Forces of Deforestation in Sumatra: The Significance of Local Land Tenure Systems," (presented to the Second Asia-Pacific Consultative Meeting on Biodiversity Conservation, Bangkok, Thailand, February 2-6,1993).

122. WALHI/LBH (Indonesian Forum for the Environment/Indonesian Legal Aid Institute). Mistaking Plantations/or the Forest: Indonesia's Pulp and Paper Industry, Communities, and Environment (Jakarta: WALHI/LBH), 1992.

123. Francis J. Seymour, "Social Forestry on Public Lands in Indonesia: A Blurring of Ends and Means," Social Forestry: Communal and Private Strategies Compared (Washington, D.C.: The Johns Hopkins University School of Advanced International Studies), 1991, 23-34.

124. See e.g., Sopari Wangsadidjaja and Agus Djoko Ismanto, "The Legal Case for Social Forestry in the Production Forests of Indonesia," and Sandra Moniaga, "Toward Community-Based Forestry and Recognition of Adat Property Rights in the Outer Islands of Indonesia," in Legal Frameworks for Forest Management in Asia: Case Studies of Community/State Relations, Jefferson Fox, ed. (Honolulu: East-West Center), 1993, 115-150.

125. James S. Fingleton, "Conservation, Environment Protection and Customary Land Tenure," Papua New Guinea Conservation Needs Assessment, 1993, Vol. 1, 31-56,43.

126. D. Lamb, Exploiting the Tropical Rain Forest: An Account of Pulpwood Logging in Papua New Guinea. Paris: United Nations Educational, Scientific, and Cultural Organization (UNESCO), 1990), 22.

127. World Resources Institute, in collaboration with the United Nations Environment Programme and the United Nations Development Programme, World Resources 1992-93 (New York: Oxford University Press, 1992), 287 is the source of the smaller estimate, which is based in part on satellite imagery. The larger estimate is found in Table 2.9 (p. 44) of the 1991 Papua New Guinea National Report. It includes an estimate of 200,000 hectares a year for the "mainly disturbance" outcomes of subsistence agriculture. See p. 42 for additional estimates.

128. World Resources Institute in collaboration with the United Nations Environment Programme and the United Nations Development Programme, World Resources 1994-95 (New York: Oxford University Press, 1994), 284-285.

129. Philip Shenon, "Isolated Papua New Guineans Fall Prey to Foreign Bulldozers," The New York Times, June 5,1994:A1.

130. The World Conservation Union (IUCN), N. Mark Collins, Jeffrey A. Sayer, and Timothy C. Whitmore, eds.. The Conservation Atlas of Tropical Forests, Asia and the Pacific (London and Basingstoke: Macmillan Press Ltd., 1991), 178.

131. All production figures taken from: International Tropical Timber Organization (ITTO), Tropical Forest Management Update, June 1993, vol. 3, no. 3:12.

132. Commission of Inquiry into Aspects of the Timber Industry in Papua New Guinea, The Barnett Report (Hobart, Australia: The Asia-Pacific Action Group, 1990), 18.

133. For a more detailed discussion of these acts, see Owen J. Lynch and Allan Marat, "A Review and Analysis of National Laws and Policies Concerning Customary Owners Rights and the Conservation and Sustainable Development of Forests and Other Biological Resources" in GPNG (Government of Papua New Guinea, Department of Environment and Conservation), Janis B. Alcorn, ed. Papua New Guinea Conservation Needs Assessment, Vol. 1 (Landover, MD: Corporate Press, Inc., 1992), 7-30.

134. Chapter No. 205, Sections 5(1) and (2). Emphasis added. The underlined phrases could be read as limiting the extent of customary rights, rather than as a limitation on the State's assertion.

135. A prominent lawyer in Papua New Guinea, Peter Donigi, filed a legal challenge against the national government concerning its assertion of ownership of minerals and petroleum resources. Donigi wanted the court to rule that mineral and petroleum deposits belong to customary resource owners. The case was dismissed in February 1992 in the National Court for lack of standing.

136. Government of Papua New Guinea, National Forest Policy (Hohola, Papua New Guinea: Ministry of Forests, 1991).

137. Government of Papua New Guinea, National Forest Policy (Hohola, Papua New Guinea: Ministry of Forests, 1991).

138. Government of Papua New Guinea (GOPNG), Department of Environment and Conservation), Papua New Guinea Conservation Needs Assessment, Vol. 1. (Landover, MD: Corporate Press, Inc., 1992), 2.

139. See, e.g., Owen J. Lynch, "Securing Community-based Tenurial Rights in the Tropical Forests of Asia," Issues in Development (Washington, D.C.: World Resources Institute, 1992); Kirk Talbott and Lauren Morris, "Ethnicity and Environment in the Mountains of Laos and Vietnam," Praxis, Summer 1993, vol. X, no. 2; Shelton H. Davis, Indigenous Peoples, Environmental Protection and Sustainable Development (Gland, Switzerland: International Union for the Conservation of Nature and Natural Resources (IUCN), 1988); Wai Fung Lam, Institutions, Engineering Infrastructure, and Performance in the Governance and Management of Irrigation Systems: The Case of Nepal (Blooming-ton: Indiana University Workshop in Political Theory and Analysis, 1994).

140. Theodore Panayotou, The Economics of Environmental Degradation: Problems, Causes and Responses (Cambridge, Mass: Harvard Institute for International Development, 1989), 21.

141. Francis J. Seymour and Danilyn Rutherford, "Contractual Agreements for Community-Based Social Forestry Programs in Asia," in Jefferson Fox, ed. Legal Frameworks for Forest Management in Asia: Case Studies of Community/State Relations, (Honolulu: East-West Center, 1993), 173-187.

142. Louise Fortmann and Diane Rocheleau, for example, noted that during a workshop on agroforestry, women made "their most valuable contributions and their strongest expressions of interest" during the smaller group activities. "During the frequent and even heated exchanges of questions, answers, criticisms, and suggestions among men in larger sessions, the women were silent - even when topics directly relevant to them... were under discussion." Louise Fortmann and Diane Rocheleau, "Women and Agroforestry: Four Myths and Three Case Studies," Agroforestry Systems, 1990, vol. 2:252-272.

143. S.B. Roy, "Forest Protection Committees in West Bengal, India" in Jefferson Fox, ed.. Legal Frameworks for Forest Management in Asia: Case Studies of Community/State Relations, Occasional Paper No. 16 (Honolulu: East-West Center, 1993), 19-30.

144. For examples of the working of this dynamic, see the case studies in David Western and R. Michael Wright, eds.. Natural Connections: Perspectives in Community-based Conservation (Washington, D.C. and Covel, CA: Island Press, 1994).

145. Maasai elders resisted entering into a written agreement and this proved to be a "costly mistake given the government's abrogation of every term." David Western, "Ecosystem Conservation and Rural Development: The Case of Amboseli," in David Western and R. Michael Wright, eds.. Natural Connections: Perspectives in Community-based Conservation (Washington, D.C. and Covelo, CA: Island Press, 1994), 15-52.

146. Despite an agreed-upon revenue sharing formula, the West Bengal community-forest management projects have experienced misunderstandings between local communities and the forest department over how to determine that agreed-upon revenue. Forest Protection Committees agreed to receive 25% of the net sales of timber grown within the joint management area. Difficulties have arisen over how to determine the net.

147. Lynch, 1990, see note 10.