the role of property rights in natural resource management, good ...

3. Be aware of the characteristic flexibility of customary systems. Customary property rights systemsare flexible in time and space, and generally feature the property rights system that is adapted andadaptable to local ecological, social, cultural, economic, and political contexts. While legal recognition ofcustomary systems can in many cases reinforce security of property rights and reduction of legal “grayareas,” detailed codification of a customary system can oversimplify and freeze rules at a point in time thatnormally change over time, thus undercutting the subtleties and dynamism of the system.4. Provide incentives for sustainable management to user groups by securing property rights. Anappropriate property rights regulatory system channels and enhances positive incentives for sustainablegovernance and management of resources. Access to and use of the resources should be clearly definedand rights based, but will most appropriately be derived from—rather than a replacement of—existingproperty rights rules and institutions.5. Where possible, clarify property rights, reducing (potential) conflict over land and naturalresources. Identify and address existing conflicts due to overlapping claims. Where possible identify andacknowledge users of various resources, in particular secondary resources that are often overlooked.Harmonize plural legal systems such that property rights emerging from the various legal systems lend forconsistent rules. In practice, any new statutory rules and laws that are designed take full consideration ofcustomary rules already in place. Such harmonization is, and should be, an important aspect of clarifyingand securing property rights.6. Pay particular attention to duration of property rights. Secure long-term property rights are neededto create and consolidate local incentives for long-term investments. Short-term property rights are notconducive to long-term investments.7. Avoid displacement (reduction or elimination of property rights) wherever possible. Reduction orelimination of property rights should be avoided. Reduction or elimination of property rights haveenormous potential for creating poverty, livelihood insecurity, and conflict. Where such changes in rightsare necessary, assess current property rights of various primary and secondary users of land and naturalresources in the area and provide meaningful compensation.8. Recognize diversity of solutions. No single model is appropriate or applicable in all situations andplaces. Assess tradeoffs of various property rights regimes, and associated factors such as governmentcapacity for enforcement of laws (particularly in relation to private property), strength of local institutions(particularly in relation to communal lands and resources), and incentives and disincentives associatedwith various property rights regimes.9. Strengthen local institutions. Where possible strengthen local institutions of natural resourcegovernance. While efficient common property institutions ensure high levels of equity and sustainabilityof resource management, their effectiveness is influenced under certain social and institutional settings,and by specific attributes of the resources and members involved. Institutional arrangements arestrengthened by making them more transparent, accountable, inclusive, and responsive to local needs.Local institutions should be assisted to become more equitable, particularly in heterogeneouscommunities (prevent capture of resources by local elites). Where necessary, local institutions and usergroups should be provided necessary training in monitoring, conflict resolution, and consensus building.In addition, public oversight of resource exploitation may be necessary; however this will be moreeffective in the form of support to local efforts than the traditional policing of land and resources. Oneof the least costly and most effective strategies available to central governments to strengthen localinstitutions is to promulgate enabling frameworks that formally recognize existing customary systems forland and renewable natural resource and provide backup enforcement and dispute resolution services onan as-needed basis. Such measures quickly and effectively revive customary systems by underlining theirlegitimacy in the eyes of the formal legal system. Customary systems whose rules and monitoring andenforcement activities are protected from unlimited contestation will have considerably greater resources32 ROLE OF PROPERTY RIGHTS IN NRM: GOOD GOVERNANCE AND EMPOWERMENT OF THE RURAL POOR