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Conference Paper Traditional Institution and Institutional Choice: Two CPR Self-Governing Cases of Atayal Indigenous Tribe in Taiwan(2004) Yen, Ai-Ching; Kuan, Da-Wei"The sovereignty of land and natural resources of Taiwan indigenous people have been seriously challenged by the expansion of state power and capitalistic market economy since 19th century. Consequently, many indigenous communities have made efforts to adjust to and negotiate with modern institutions. This article analyses the logic of the lapse of indigenes land tenure, and examines two common pool resource (CPR) self- governing cases, which Atayal communities seek to manage by collective action for collective interest. Furthermore, drawing from neo-institutional economic perspective, this article discusses both how the internal institution affects the solidarity of communities and the derivation of Gaga, a traditional institution of Atayal tribe. In spite of the fact that the formal organization of Gaga no longer exists, its Meta rule leads to the formation of social constraints then affects the institutional choice. In the end, this article suggests that the reform of land tenure institution support CPR self-governing in indigenous areas, which will diminish the conflicts emerging from the interaction between state power and capitalistic market economy."Conference Paper Multiple Spatial Representations of Underrepresented Indigenous Lands and Oral Based Knowledge of Sustainable Practices(2004) Chacón, Miguel Angel"This essay is based on the results of a doctoral dissertation survey concerning geographic and spatial features of Spanish- speaking subjects in Guatemala. The survey was also answered by an additional group of 100 bilingual students, 50 whose first language is a Mayan Quiche, and 50 Cackchiquel subjects whose secondary language is Spanish. Those who do not speak a Mayan language live in urban areas surrounding Guatemala City, and those who speak a native language live in urban or rural areas in Quiche and Chimaltenango, where they speak Quiche and Cackchiquel respectively. Two sample z-tests are performed to compare sample means. The z test results shows whether the variances of the two samples can be equal. The significance level is for values between 1.96 and -1.96. "This essay focuses on the differences that bilingual- indigenous and Spanish-speaking subjects showed in the survey. The purpose of the survey is to provide input to establish the quality of the representation and legibility of spatial features in maps as compared with oral and written descriptions, such as those used in titles of property. For example, the indigenous subjects answered that oral and written descriptions are more legible than conventional maps. In addition, the representation of borders and limits is insufficiently legible in maps and written descriptions of titles of properties. Survey results show that oral and written descriptions of some features are more legible than conventional maps. The survey showed that both subject groups do not agree about what is represented in a map downloaded from the IGN Web page (Guatemalan national mapping agency Web page), even though the map used in the survey is the same for all subjects. This disagreement is an example of what would happen to native populations in different areas of the Guatemalan country, where population groups with the same level of education can have different understandings of what is represented in maps. Conventional maps can take advantage of other options to portray or describe geographic and spatial information, such as oral knowledge and written descriptions."Conference Paper La Agricultura Orgánica en México: Un Ejemplo de Incorporación y Resistencia a la Globalización(2004) Gómez Tovar, Laura; Gómez Cruz, Manuel AngelFrom the Introduction: "...El presente texto se divide en cuatro apartados principales: primero, se hace referencia a la situación mundial de la producción orgánica y el crecimiento del mercado; segundo, se aborda la ubicación general de la agricultura orgánica en México (dinamismo, importancia económica y social, tipos de productores, cultivos, destino de la producción, tipos de mercado, y apoyo); tercero, se hace una consideración sobre como el sector orgánico en México es una ejemplo tanto de incorporación como de resistencia a la globalización, y cuarto se esbozan algunas conclusiones."Conference Paper Ensuring 'Collective Action' in 'Participatory' Forest Management(2004) Ghate, Rucha; Mehra, Deepshikha"After a decade and half since policy change in India, there are evidences that 'participatory' efforts in forestry are becoming acceptable at various levels of governance. Although community initiated and NGO promoted collective action based resource management has emerged sporadically throughout India in last 20 years, government has also come up with three subsequent resolutions related to joint forest management (JFM) since 1990, each more liberal than the earlier. "This paper is based on three case studies, each belonging to one of the three types of institutional structures: Self-initiated, NGO promoted, and government sponsored JFM. Despite similar basic objectives of all the three institutional structures i.e. strengthening the ecological security and meeting subsistence biomass needs of the local people, each institutional structure is different, with its strengths and weaknesses. If these factors can be identified it could have useful policy implications. The three case studies undertaken belong to similar eco-geographical area; have comparable forest area, and all the three communities with heterogeneous population belong to similar socio-economic background. The data has been collected by using International Forestry Resources and Institutions (IFRI) methodology, which helps combine the botanical information with the socio-economic information, with the help of ten research instruments. The study brings out the importance of autonomy for the communities to make decisions. Indigenously formed rules and conflict resolving mechanism are found not only to be more flexible and acceptable to the community, but also helpful in the development of mutual understanding, common norms i.e. in building social capital. Although both, the community-initiated and NGO promoted communities, have eventually adopted government sponsored JFM program because of the authenticity/legality that the program provides, the two have continued with the institutional provisions that were developed through their informal efforts. Thus, rather than oscillating between the simplistic models of either state or 'village community', there is a need to conceive of more complex arrangements in which forest areas are protected for multiple objectives, under the working of multiple institutions."Conference Paper Conflictos por Comunales en el Sur de México(2004) Arellanes Meixueiro, Anselmo"Los conflictos por límites entre pueblos (CPLP), constituyen un problema vigente relacionado con la propiedad, posesión uso y usufructo de la tierra entre dos o más comunidades, entra propietarios privados y comunidades. En esta ponencia, con la intención de hacer historia del presente recurriendo al pasado, se analizan CPLP específicos de dos o más comunidades enfrentadas por una extensión de tierra que puede ser de menos de cien, a miles de hectáreas (has), en lugares con bosques, selvas, matorrales o simplemente cerros pelones o monte pedregoso. En términos legales compete en primera instancia al gobierno federal resolver tal situación. "En tales conflictos existen particularidades; los pleitos se despliegan entre comunidad y ejido, comunidad y particulares, comunidad y el propio Estado principalmente cuando realiza obras de infraestructura en tierras comunales o ejidales. Las tierras en litigio son en la mayoría de los casos, propiedad comunal de pueblos indígenas. Las razones, causas de tal problema vigente, que no es exclusivo de México, poco se han estudiado. Los enfrentamientos en buen número acontecen por los recursos naturales como bosques, selvas y corrientes de agua; con el aumento de la población, la conurbación, crecimiento de ciudades, la especulación, invasiones y ventas fraudulentas, se han complicado. Existen casos donde las playas de propiedad comunal al no ser posible realizar su venta por las limitaciones legales, se consuman dudosas transacciones. "El acercamiento al estudio de los CPLP, permite vislumbrar antiguos resabios y venganzas entre comunidades que se transmiten de generación a generación, algunos vienen desde la época colonial. El papel del Estado para encontrar la solución, por lo general, no ha sido el adecuado, su burocracia ha intervenido con lentitud, en momentos coyunturales, políticos, con la circunstancia agravante de no conocer las causas esenciales, lo cual no le permite aplicar con certeza el procedimiento correspondiente."Conference Paper Land and Forest Allocation and Its Implication on Forest Management and Household Livelihoods: Comparison of Case Studies from CBNRM Research in Central Laos(2004) Fujita, Yayoi; Phanvilay, Khamla"National University of Laos (NUOL) conducted a research capacity building project on community based natural resource management (CBNRM) between November 1999 and May 2003, funded by the International Development Research Centre (IDRC). The project supported three multi- disciplinary case studies conducted in central Laos in Vientiane, by groups of 11 academic faculty at NUOL focusing on the impact of government reform on resource management on local resource tenure. "The current paper reviews a landmark policy on resource management in Lao Peoples Democratic Republic (Lao PDR), the Land and Forest Allocation Policy, which was introduced in the early 1990s as a mean to legitimately recognise customary rights of the local communities to access and use land and forest resources, as well as to management them. The paper will particularly examine the impact of the Land and Forest Allocation Policy on customary resource use practice in three case study sites studied by the NUOL academic faculty. "Comparison of the three case studies elucidates the nature of deconcentration in resource management administration from the central government to the local authorities. Land and Forest Allocation Policy is thus perceived as a state effort to simplify resource boundary and tenure to consolidate its political and fiscal control in remote areas where central government influence had been minimal in the past. The three case studies also indicates the gap between expected goals of the land reform and the varying realities of resource management in the three research sites based on their diverse geographical setting, historical access to resources, and access to market and to agricultural capital. In particular, the study indicates that the reorganisation of space through the Land and Forest Allocation had instigated population displacement of households in the upland communities with little access to productive resources instead of improving their livelihood basis in their villages."Conference Paper The Right to Save Seed(2004) Ghose, Janak Rana"This study aims at providing insight on seed acquisition mechanisms of farmers in the state of Jharkhand, India. By first establishing this mechanism, insight is provided on how Indias obligations within the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS), particularly Article 27.3 (b), will affect this acquisition. India's sui generis option, the Protection of Plant Varieties and Farmers Rights Act (2001) (PPVFR) is considered, as is the other relevant option, UPOV. Other international agreements are considered in light of their relevance within the sui generis context. The main conclusions are that India's current sui generis option, the PPVFR, while successful and unique internationally in protecting the rights of farmers, is difficult to enforce in an international context as well as domestically. Further, the paper argues that the PPVFR will prove unsuccessful in limiting instances of 'biopiracy', or the commercialization of plant genetic resources with no benefit sharing to, or recognition of, farmers. It also concludes that suggestions of the rates of farmers saving local varieties of seed have been greatly exaggerated in the extant literature, and that a coordinated effort at all three levels of the Indian governmental system -- central, state, and village level, is undertaken to ensure that the goals of the India's sui generis option are achieved."Conference Paper Resolving Water Conflicts through Participatory Decision Making: A Case Study from the Nakanbé River Basin, Burkina Faso(2004) Kibi, Nlombi"Water's importance for socio-economic development cannot be over emphasised. Not only is it key for human survival and welfare, but it is also an essential resource in agriculture (land irrigation, farming, breeding), health, hydroelectricity and industrial production for which there are no substitutes. Unfortunately, in Burkina Faso divergent economic, political, and social interests, the absence of adequate rules governing its use, and the lack of dialogue between the different players and stakeholders, have resulted in frequent conflicts between water users. "Over the course of the last two decades, it has become clear that managing conflict is essential to the sustainable management of common-pool resources, such as water. One approach towards managing water conflicts is the Integrated Water Resources Management Approach by Watershed Basin (IWRMA), which uses participatory approaches to help resolve conflict. The IWRMA refers to a system of decisions and actions about water restoration and conservation. Recent research supports the notion that the IWRMA is perhaps the only approach that is able to efficiently integrate all stakeholders, as well as structural (economic, social, legal) and environmental factors, into the decision-making process (McNitt and Kepford, 1999; Petersen, 1999; in Black, P.E., 1996). "This paper present the main results of a project, sponsored by IDRC from 1998 to 2003, which employed a participatory methodology for resolving water conflicts in the case of 19 villages in the Nakanbé River Basin, Burkina Faso. In these villages, especially at handpumps, intense water conflicts arose between women and girls or between women, girls and stockbreeders because of the waters insufficiency for all users. These conflicts often resulted in disputes or quarrels between two or more end- users. The Participatory Decision-Making Aid Approach divided the conflict resolution process into ten steps and involved all stakeholders in mediation activities such as informal discussions, roundtable discussions, meetings and forum discussions, and theatrical representations. The solutions, proposed and implemented with the involvement of all stakeholders (mainly grassroots stakeholders) fell into three distinct categories: 1) technical solutions, 2) solutions aimed at changing mentalities, behaviours and taboos of the local population about water use and water conflicts, and 3) solutions related to restructuring water management committees. The result of these grassroots-initiated interventions has been fewer water conflicts between users around water handpumps in the majority of villages and the increasing of the villagers' autonomy with regards to the management of the water supply. The Participatory Decision-Making Aid Approach holds promise as a conflict resolution mechanism for managing conflict in different circumstances and with other common-pool resources such as land and forests."Conference Paper Tale of Two Islands: An Evolution of Coastal Resources Management in the Philippines(2004) Ferrer, Elmer M."This paper is an attempt to trace the evolution of coastal resources management, and community-based coastal resources management (CBCRM) in particular, in the Philippines. It begins with reviewing written accounts of two marine reserves considered to be pioneering experiments in coastal resources management. The paper then proceeds to distinguish key features between integrated coastal management (ICM) and CBCRM as two distinct tracks/approaches to coastal resources management (CRM). The paper ends with key challenges that we face in pursuing CBCRM."Conference Paper Marine Turtles: Whose Property? Whose Rights?(2004) Frazier, Jack"Marine turtles migrate and disperse over vast distances, so an individual may be exposed to numerous human activities in diverse environments, living within the jurisdictions of several sovereign states, as well as on the high seas. These reptiles are charismatic 'flagship species' so they attract a large, supportive clientele. Additionally, humans have been interacting with these animals-- particularly through direct exploitation-- for millennia; and there are a wide diversity of customs and traditions for exploitation and use of turtles. Many populations of marine turtles have declined so these animals are categorized as endangered, and both national legislation and international instruments afford them protection from exploitation, incidental capture, and other human activities. These are shared resources, and are routinely treated as common property, particularly because marine turtles live in the 'global commons', the high seas. This results in divergent claims for rights to interact -- or to limit the interactions of other stakeholders -- with turtles, especially when consumptive exploitation is involved. Discourses to limit impacts and develop conservation programmes for these reptiles include arguments about protecting ecological roles and ecosystem services, concepts that are often juxtaposed to concerns for supporting marginalized communities, recuperating traditional practices, and asserting cultural/ religious rights. The resulting conflicts and debates raise basic questions not only about who has rights to shared resources and what social process should be involved in addressing the debate (e.g., representation and democracy), but in fact what constitutes property. In other words, does the 'property' that is being divvied up by various players have rights that transcend the individual and summed rights of the players, perhaps even having rights of its own?"