Marta Fraticelli, Michel Merlet Presentation for the conference on Taking stock of smallholders and community forestry Montpellier France March 24-26, 2010

1. New Communities’ and Peasants’ Strategies in Bolivian Amazon. Threats and Hopes for a Sustainable Use of Forest Resources. Marta Fraticelli, Michel Merlet March 2010. Montpellier. Conference CIFOR, IRD, CIRAD. Taking Stock of Smallholder and community forestry : Where do we go from here ?

14. usually, those rights are not sold they are not inherited for ever control rights of commercial fisheries belonging to community foreigners are claimed by the communities right to fish usually, these rights are not sold they are not inherited for ever - right to go hunting community members Everybody national forest law usually, these rights are not sold they are not inherited valid as long as the person lives in the community - right to gather non-timber products (Palms, etc.) or timber for domestic use community members cannot be sold can be inherited Brazil nut recollection right, on groups of trees. cannot be sold can be inherited valid as long as the person lives in the community historically not. Strongly claimed for the last decades, now recognized or in process of being recognized rubber recollection right on "estradas" individual / family Gathering, Hunting and fishing Rights (individuals and families) national forest law cannot be sold Temporary transfer of Rights to companies or to community members is possible (lease) permanent, no prescription access control to the territory is possible management rules and use norms can be established Access rights to all kinds of natural resources Community Legal Entity (OTB, Grassroots Territorial Organization) national laws permanent access control to the territory control on natural resources withdrawal - Nature Reserve Collective rights rights to transfer the other rights right validity Limits, restrictions relation with time Management Rights usufruct rights right held by

15. permanent, as long as grazing lands are not reverted to forest The farmer has an exclusive control over the grazing lands. range lands and grazing lands, infrastructures (fences, enclosures, …) The person who did the work holds the rights on pastures and infrastructures those established by the community and by the national laws Those rights can be (and are) inherited Through the sale of lasting improvements ("mejoras"), rights become more and more permanent. Sales are frequently subjected to community control. It is generally allowed to sell mejoras to another member of the community, but selling to a foreigner cannot be done without a previous agreement. valid as long as the person works in the plot and lives in the community otherwise, rights return to be held by the community The farmer has an exclusive control over the reverted land / bush fallow. annual crops (chacos) including the reverted land – bush fallow (whole crop rotation) The person who did the work holds the right on the agricultural products. It is not clear if those rights can be inherited it seems that those rights cannot be sold as long as the perennial crops exist the planter just on the trees, valid even if the soil is under the control of another person perennial crops (planted trees) The person who did the work holds the rights on the fruits given by the trees those established by the community and by the owner it is possible to sell improvements "mejoras", just related with the crop, but it does not occur. temporary the farmer the community or the "owner" give permission to clear the area for cultivation (chaco) and to cultivate for one or two years. After this period, the bush fallow is reverted under community control annual crops (chacos) The person who did the work holds the rights on the agricultural product individual / family Rights related to agricultural work, cattle breeding, or tree plantations rights to transfer the other rights right validity Limits, restrictions relation with time Management Rights usufruct rights main rights held by

18. www.agter.asso.fr AGTER, an Association for an Improved Land, Water and Natural Resource Governance .