Table 4.1 Recent Legal Reforms Strengthening Community Forest Tenure in Developing Countries


TABLE 4.1 RECENT LEGAL REFORMS STRENGTHENING COMMUNITY FOREST TENURE IN DEVELOPING COUNTRIES
Country Year Enacted Key Features of Reform
Bolivia 1996 Ancestral rights of community groups have precedence over forest concessions. Subsequent laws have strengthened community rights.
Brazil 1988 Constitution recognizes ancestral rights over land areas that indigenous groups and former slave communities traditionally occupied. Federal government is responsible for demarcating indigenous reserves on public lands and protecting land rights of indigenous groups.
Colombia 1991 Constitution of 1991 recognizes and outlines a framework for collective territorial rights for indigenous groups and Afro-Colombian traditional communities.
Indonesia 2000 New regulatory process has been recently established by which customary ownership can be recognized.
Mozambique 1997 Titles for customary rights are available.
Philippines 1997 Constitution of 1987 protects ancestral domain rights. Indigenous Peoples Rights Act of 1997 provides legal recognition of ancestral domain rights pursuant to indigenous concepts of ownership.
Tanzania 1999 Customary tenure is given statutory protection whether registered or not. Titles for customary rights are available.
Uganda 2000 2000 draft law currently under revisions. Government is embarking on an ambitious program of devolution to district and local councils.
Source: White and Martin 2002; used with permission, copyright Forest-Trends 2002