Forest-dependent poor people often struggle to uphold their claims to resources in the face of discriminatory legal frameworks and powerful private forestry companies. Are efforts to enhance governance in the forest sector helping to support poor people in claiming their legal rights, or working to further marginalise their interests?

Tropical forests in developing countries are often owned by the nation state. This means that state officials are responsible for managing forests and enforcing forestry laws. However, the private timber industry – both national and international – is often very powerful in isolated forest areas. This can lead to widespread illegality in forestry activities which cause social and environmental problems, especially for poor people living in or near forests.

Research from the Overseas Development Institute, UK, examines efforts to curb illegal logging in tropical forests. In a high-value sector such as tropical forestry, the social and economic rights of poor people depend on the application of human rights principles. These include non-discrimination, equal treatment, democratic participation and accountability by large organisations and businesses. However, the legal frameworks that govern forest sectors often work against poor people. The research shows:

• Upholding laws that do not support local rights can increase injustices. State agencies often enforce forestry regulations that work against poor people. In these cases, law enforcement can become a process of criminalising poor forest dwellers and users.
• Government and industry officials often feel that the interests of poor forest users conflict with the objectives of forest management and commercial exploitation, and often overlook laws that protect local people.
• In some countries such as Papua New Guinea and Malaysia, the justice system has protected local people and set strong legal precedents. But poor people also face significant barriers in accessing the justice system.

Development assistance to forestry is increasingly focused on illegal logging, with a series of international initiatives launched under the movement for Forest Law Enforcement, Governance and Trade. These exist to protect human rights and promote sustainable forest management. But even these initiatives do not always improve the welfare of poor people or strengthen their rights.

There is no guarantee that strengthening law enforcement will improve the situation for poor people. The challenge is to link law enforcement with reforms of the legal system. These reforms must focus on forest tenure rights, because most poor people who are dependent on forests lack these completely. The research recommends:

• Poor people must be able to claim their rights to land and forest resources. Donor assistance must balance enforcement strategies with the development of institutional mechanisms to help poor people to uphold their claims.
• Such institutions must be designed so that poor people can use them easily.
• Reforms in the forest sector must be integrated with reforms in the justice sector.
• Policymakers should place a high priority on overseeing the activities and commercial interests in the forestry sector, and use their power to act when poor people’s rights are infringed.

Source(s):
‘Public Goods and Private Rights: the illegal logging debate and the rights of the poor,’ ODI Forestry Briefing No. 9, by Adrian Wells, Cecilia Luttrell, David Brown and Neil Bird, 2006 Full document.

id21 Research Highlight: 31 July 2006

Further Information:
Adrian Wells
Rural Policy and Governance Programme
Overseas Development Institute
111 Westminster Bridge Road
London, SE1 7JD
UK

Tel: +44 (0)20 7922 0300
Fax: +44 (0)20 7922 0399
Contact the contributor: a.wells@odi.org.uk

Overseas Development Institute, UK

Other related links:
'Bringing legality to the timber trade'

'Fighting illegal activities in Asian forests'

'Fuelling conflict: unsustainable forestry practices in Burma'

'Stronger land rights improve forest management in Indonesia'