Grabbing the commons: Forest rights,capital and legal struggle in the Carpathian Mountains

In this paper we show that formalizing communal rights is a process riddled with struggles leading to a partial or total grabbing of commons. Drawing on long-term research and using interviews, surveys, and historical sources, we analyze struggles that emerged from processes of formalizing rights to commons, occurring one century apart in the Carpathian Mountains of Romania. The first wave of formalization, initiated by the state in 1910, institutionalized a model of hybrid commons in which individual rights to communal forests and pastures were understood as inheritable and tradable shares. This generated never-ending contention and a vulnerability to capital, allowing timber companies to grab shares and dispossess rightsholders. The second formalization, post-1989, enabled local communities to regain rights to forests that had been nationalized by the state at the beginning of the socialist rule. However, this resurgence of mountain commons unleashed again a suite of legal struggles, bringing back to life previous vulnerabilities and dispossessions. We argue that the formalization of rights often does not bring clarity and security to commons rightsholders. Instead, it creates a suite of vulnerabilities, ambiguities, and complexity within regulatory texts, begetting the grabbing of the commons.     

The Struggle for La Sierra: Sovereignty,property, and rights in the San Luis Valley

In 2002 the Colorado Supreme Court reversed decades of precedent in Lobato v. Taylor by awarding Hispano heirs to the Mexican-era Sangre de Cristo Land Grant renewed access rights to that grant's former communal land for grazing, timber, and firewood. Placing Lobato in historical context, this paper examines the contingent emergence of sovereignty and private property in the San Luis Valley of Southern Colorado through acts of violence, land loss, and dispossession. The paper argues that sovereignty and property, as forms of boundary drawing, are unfinished and contested projects rather than abstract, achieved universals. U.S. sovereignty in the San Luis Valley has emerged contingently through the iteration of private property, as struggles over resource access have produced sovereign effects. Such a perspective makes visible how Lobato has reiterated private property rights and U.S. sovereignty in ways that create new exclusions, even as the case returns access rights to the commons.     

Land as fictitious commodity: the continuing evolution of women's land rights in Uganda

In sub-Saharan Africa, colonial influences have altered traditional practices as a way to manage that which Polanyi labeled as ‘fictitious commodities’ of land, labor, and money. Land has now become a highly marketable commodity and an intrinsic part of the global economy. Over the past century, Uganda's land rights have evolved from communal rights to that of male-dominated, individual ownership practices that have excluded women. Despite constitutional provisions, which confer title of both a deceased husband's property rights and equal rights to property within a marriage to a wife, postcolonial patriarchal tradition prevails. This article examines historical changes in land rights in Uganda and discusses the impact of shifts in land rights from communal ownership to individual tenure, altering power structures and attempting to create marketable land title. The Ugandan women's movement's opposition to policies and implementation of laws that exclude women has been unable to facilitate the required changes in unbiased access to land rights, despite apparent victories in revisions to the letter of the law. Situated within contemporary interpretations of tradition and pressures of market demand, this article shows that women's access to landownership and use are restricted by misinterpretation of traditional law and a lack of enforcement of contemporary legal rights. To illustrate the impact of a lack of access to land, this article examines an empirical case study of widowed subsistence farmers in southern Uganda. Women in Uganda continue to lose ground, quite literally, decreasing the possibility of gender equity in terms of land.     

WOMEN'S WORK: A CASE STUDY OF PROLETARIANIZATION OF PERI-URBAN VILLAGERS IN VANUATU

This study focuses on peri-urban women in Vanuatu from 1972 to 1983 in order to measure the impact of a greater participation of women in the labour market, an increase in the number of consensual unions in the village, and the changing pattern of female migration. Not unexpectedly, these result in a loosening of ties between some villagers and village land. What matters even more is that such a loss of land rights endangers the ideological reproduction of this hybrid sociological form in Melanesia. In effect, peri-urban villagers walk an ideological tightrope. What remains of their subsistence economy generates a corporate ideology under the form of discourses on the virtue of communality, and this is what distinguishes and preserves the village social field from that of the town. A loss of land rights may well lead to a questioning of communality and a realization of the hegemonic nature of the ideology of social undifferentiation.     

Ruling by Record: The Meaning of Rights,Rules and Registration in an Andean Comunidad

This contribution looks at land property relations in a peasant community in the central highlands of Peru. Rather than using a rights‐based approach, the authors propose a ‘practice force field approach’ for their analysis of property relations under communal land tenure regimes. Their study combines qualitative ethnographic case studies with quantitative analysis of data on land distribution. In contrast to rights‐based approaches, this perspective understands the legal discourses that people draw upon to explain property relations as ‘justifying rule talk’ rather than the reflection of a system of property rights. It is shown how property relations are shaped in mediated interactive processes, where official rules, moral principles, shared histories and strategic games come together. The authors use this practice force field approach to study Usibamba, an Andean community that has developed a true disciplinary regime of communal governance based on control over land. The role of ‘rule talk’ and the function of elaborate local systems of land registration are examined in the context of the annual reallocation of communal land. Particular attention is paid to the performance of the president of the comunidad during this delicate process and his reflections on the course of events.     

Democracy,Equity and Common Property Resource Management in the Indian Subcontinent

This article addresses the relationship between democracy, equity and common property resource management in South Asia, both at the national and at the local level. Its substantive focus will be largely on forests, and its geographical concentration mostly on India, although other sectors (primarily water) and areas (Nepal and Bangladesh) will also be included. The article opens by looking at Garrett Hardin's (1968) three strategies to preserve the commons. It finds that democratic politics is compatible with both privatization and centralization as conserving strategies (although not necessarily successful). With the third approach—local control—democracy has at best a problematic relationship, for where governmental units are the relevant actors, there tends to be more interest in consuming than in conserving or preserving resources at the local level. Local user groups, however, do much better at common property resource management, because they can restrict membership and thus avoid free riders, and they can establish a close linkage in their members' minds between benefits and costs of participating in group discipline to maintain the resource.     

农村土地交易的权利配置及利益分享

农村土地交易的现状是令人担忧的,现行物权法为农村土地交易厘清了所有权及其相关权利的关系。但是。农村土地交易仅仅依靠物权法是无法解决的。农村土地交易权利配置与利益分享机制是解决农村土地问题的关键。构建以农地发展权为基础的农地制度,再进行具体的制度安排,是构建我国土地交易利益分享机制的有效途径。     

Forestry policy in colonial and postcolonial Zimbabwe: continuity and change

Using the case of Mafungautsi Forest Reserve, this paper discusses continuities and changes in policy and practice at the communal and reserved forest interface in Zimbabwe. Colonial forestry policy in Zimbabwe has often been labelled as oppressive, as communal area citizens were not allowed to participate effectively in its formulation and implementation. Independence in 1980, it was thought, would usher in an era of greater participation within the forestry sector. However, the hope that local communities would have greater input in the forestry policies and management has largely remained unfulfilled. The state institutions responsible for managing forests have largely remained unsympathetic to the involvement of local communities in the management of forestry resources despite the pre-independence rhetoric. Alongside the co-management attempt to make local peasants citizens through their inclusion in decision-making has been the continuity of the colonial policy that treated local peasants who used resources as criminals destroying trees and forests. This paper examines how the fundamental policy perspective of forestry in Zimbabwe still perceives local peasant farmers to be unsustainable exploiters of forests. The local resource users have not remained passive recipients of the repressive forestry policies and practices based on science but have actively contested them since the 1950s.     

A Property Rights Analysis of Urban Planning in Spain and UK

This study compares urban planning and land management in Spain and the UK. Its purpose is to identify key differences in the legal bases for these activities in the two countries and to comment on the way in which the institutions that deliver them allocate property rights between the state and private organizations and individuals. In particular, we analyse the respective approaches to allocating rights to compensation and betterment value associated with land development, commenting on the efficiency and equity of each system and, in Coasian tradition, the influence the assignment of property rights has on municipal government behaviour.     

Troubled Encounters: Payments for Ecosystem Services in Chiapas,Mexico

Payments for Ecosystem Services (PES) is a well-established conservation policy approach worldwide. Where forests are owned and managed by rural and indigenous communities, PES initiatives often aim to incentivize the joint adoption of forest protection and sustainable management practices. However, not all communities might have the will or capacity to maintain such practices over the long term. This article examines a PES programme in a rural community of Chiapas, Mexico. It shows that while a majority of the community's landowners have engaged in PES through two distinct working groups, a large share of the community forests remain outside the PES programme, and many landowners resist the extension of PES rules to non-targeted forests. The authors argue that this incipient form of fragmented collective action on forest management results from challenged leaderships, and from PES accommodating a history of increasing individuation of the commons. This accommodation, however, has ignited social conflict, reified tenure inequalities, and failed to strengthen local institutions to enable them to legitimately deal with the contested interests that underpin the fate of community forests. This article shows the limits of PES when parachuted into a context of uneven land tenure, weak collective action and contested leaderships.     

Current Literature

A noted specialist on China's urban and economic geography investigates the processes underlying the massive and occasionally wasteful practice of land development that has accompanied China's rapid economic advance. By critically juxtaposing elements of conventional neoliberal economic theory (e.g., the so-called "tragedy of the commons") with the actual exercise of land property rights and the practice of land development in transitional China, he argues that, contrary to Western experience, land property rights have evolved from the bottom up and thus functioned not as a bundle of standardized and uniform legal prerogatives but rather as a diverse set of local practices adaptable to regional conditions. The author illustrates these processes though a thorough review of Chinese laws and regulations as well as a case study of land development in a province (Guangdong) in which land development has been allowed to proceed more rapidly under a special economic regime and exposure to global forces. Journal of Economic Literature, Classification Numbers: P260, Q150, R140, R520. 2 figures, 1 table, 95 references.     

Gender,Traditional Authority,and the Politics of Rural Reform in South Africa

The new South African Constitution, together with later policies and legislation, affirm a commitment to gender rights that is incompatible with the formal recognition afforded to unelected traditional authorities. This contradiction is particularly evident in the case of land reform in many rural areas, where women’s right of access to land is denied through the practice of customary law. This article illustrates the ways in which these constitutional contradictions play out with particular intensity in the ‘former homelands’ through the example of a conflict over land use in Buffelspruit, Mpumalanga province. There, a number of women who had been granted informal access to communal land for the purposes of subsistence cultivation had their rights revoked by the traditional authority. Despite desperate protests, they continue to be marginalized in terms of access to land, while their male counterparts appropriate communal land for commercial farming and cattle grazing. Drawing on this protest, we argue that current South African practice in relation to the pressing issue of gender equity in land reform represents a politics of accommodation and evasion that tends to reinforce gender biases in rural development, and in so doing, undermines the prospects for genuinely radical transformation of the instituted geographies and institutionalized practices bequeathed by the apartheid regime.     

Modernizing Insecurity: The Land Titling Project in Honduras

The Honduran land titling project (the Proyecto de Titulación de Tierra para los Pequeños Productores), initiated in 1982, was intended to enhance security in land rights, to facilitate credit and to improve agricultural productivity. This study explores how the project has operated in one village, and concludes that it has attained none of its objectives; instead, it has triggered new sources of land conflicts, thus adding to the existing complex of local rules and laws. The authors argue that the failure of the project is not solely a consequence of the organizational incapacity of the bureaucracy, as some evaluations suggest, but that it is rooted in mistaken assumptions about the social organization of property rights and the causes of insecurity. The land titling project is founded on a contradiction: although based on the ideology of the capitalizing family farm in the context of a withdrawing state, its implementation actually requires strong and repressive state intervention. Rather than reducing insecurity in property rights, the project has merely ‘modernized’ the sources which can be used to contest rights in land.     

Unpacking the ‘Joint’ in Joint Forest Management

This article examines the concept of ‘jointness’ in India’s Joint Forest Management (JFM) programme, understood as an engagement between the state (in this case the Forest Department) and people organized into ‘communities’, with NGOs, where available, acting as the interface. By examining the commonalities between older examples of joint or co‐management of resources and current practices of joint forest management, the article challenges the notion that ‘jointness’ is a new feature of forest policy, or that it represents a resurgence of civil society against the state. Further, insofar as the basic agenda of the programme is pre‐determined, it cannot be considered very participatory in nature. None the less, within the limited degree of choice that JFM allows, there is a new and joint construction of needs.     

Everyday political practices,democracy and the environment in a native village in Mexico City

In recent years there has been a debate about the extent to which democratization implies protection of the environment. This article offers an exemplary case of this debate, exploring the theoretical links between democracy and environmental protection advanced by Walker (1999): accountability, development and participation. The site of the study is a Mexican native village, one of many incorporated into the metropolis, Mexico City. The city is faced with the challenge to supply an expanding population of some 20 million with housing, clean water and oxygen. The forest in the common property belonging to the original inhabitants is formally protected with logging bans and a rigorous Land Use Plan, yet illegal sales of this communal land to new settlers result in irregular settlements which now contain one quarter of the village’s inhabitants. In 1997 local elections were reinstated in Mexico City, after a suspension of nearly 70 years. Although the governing party in the city promoted the protective Land Use Plan, the party’s local politicians promised to regularize the zone in exchange for votes from the irregular settlers. These dynamics are explored in the context of everyday political practices in the village. The struggles over material and symbolic resources are analyzed in terms of force fields with multiple actors, making visible the ways in which democratic elections alone cannot prevent the ongoing deforestation caused by irregular settlements.     

Pastoralism and Land‐Tenure Change in Kenya: The Failure of Customary Institutions

Until recently, the Pokot in the highlands of the Baringo area in Kenya have practised semi‐nomadic pastoralism. Today they are rapidly sedentarizing and in many areas suitable for farming, they are adopting rain‐fed agriculture. As a result of these dynamics, claims to individual property on de facto communal rangelands have arisen, and to such an extent that they seriously threaten the peace of the community. This article explores the conflicts that emerge in the transition from common property to private tenure. Using locally prominent land disputes as exemplary cases, it focuses on the role of traditional gerontocratic authorities in the attempt to resolve a growing number of land disputes; on the emerging power of patrilineal clans and local elites in the enforcement of access to land; and on the incompetence of government agencies to intervene. The failure of customary institutions to ensure land tenure security leads to a situation in which women and marginalized actors in particular are threatened with displacement, and in which most local actors want the state to intervene and establish formal property rights.     

The importance of communal forests in carbon storage: Using and destabilizing carbon measurement in understanding Guatemala's payments for ecosystem services

Payments for ecosystem services (PES) are a conservation initiative that offer payments to people who own or manage lands that provide desired ecosystem services. Utilizing mixed methods, I examine how PES in the form of government-issued forestry incentives interact with land tenure to affect carbon storage in Guatemala's Western Highlands. Land tenure is a larger determining factor for carbon storage than payments, as communal forests managed by Indigenous Maya K'iche' communities have significantly higher carbon stocks than private landholdings in these same communities. No statistically significant differences were found in carbon stocks between incentivized and non-incentivized plots, and participants enrolled only a fraction of their land, likely prioritizing enrollment of degraded plots. These results indicate the importance of using both social and physical science methods to understand the physical outcomes and social context of forest management. I also reflect on why carbon storage is often prioritized, drawing on a critical physical geography framework to analyze carbon accounting methods. Measuring carbon storage gives us the tools to describe the success of communal forest management, yet I also caution relying on the quantification of ecosystem services as a method for landscape valuation and suggest avoiding prioritizing carbon storage and sequestration.     

The Changing Regime: Forest Property and Reformasi in Indonesia

This article explores the dominant explanations of the failure of forest management in Indonesia within the public discourse of the late New Order period. Drawing on a review of salient literature and relevant case studies, the major part of the article discusses the underlying historical, institutional and political causes of the failure of the state property regime. By taking a narrow view of the issues, public discourse during the New Order (1966–98) avoided discussion of the structure of property relations and the power relations that supported them. However, the forest fires of 1997–8 and the ensuing ecological crisis have revealed that the forest policy that allocated property rights over vast areas of the nation’s forests to well-connected conglomerates and politico-business families was inequitable and lacked legitimacy. While new legislative initiatives open up possibilities for co-management, the reforms so far barely engage with the underlying structure of property rights. These issues will need to be more thoroughly addressed if Indonesia is to tackle the bitter legacy of the Suharto period.     

Women's Property,Women's Agency in China's ‘New Enclosure Movement’: Evidence from Zhejiang

Who gets what, why and how, when Chinese villagers' land is enclosed? Focusing specifically on changes in women's property rights and drawing on data from Zhejiang province, this article shows that state, village and household institutions interact to produce significant gender disparities in both the compensation paid to expropriated villagers and the registration of ownership of household assets. Yet it would be incorrect to conclude that, dispossessed, women thereby lack agency. Analysis of women's responses to expropriation suggests that by selectively deploying laws, rules and norms in different settings, women are influencing not only compensation distribution, but also the terms under which the state compensates villagers for their expropriation and the gender relations in which property is embedded.