Communities’ rights – the need for recognition

The document argues that formal legal recognition of customary land tenure and the inclusion of local communities in decision-making are essential for protecting both forest ecosystems and the livelihoods of indigenous peoples. It identifies key legal barriers—such as complex registration processes and a lack of implementing legislation—that lead to risks of eviction, land disputes, and land scarcity. The factsheet advocates for the integration of Free, Prior and Informed Consent (FPIC) into national laws and provides a checklist of questions to guide law-makers through legal reform.

• Securing land tenure rights for local communities and indigenous peoples is linked to lower rates of deforestation. For example, in Brazil, less than 2% of indigenous land was deforested between 2000 and 2014, compared to an average of 19% across the Amazon.
• Many countries lack formal legal recognition of customary land tenure rights, which often results in the state claiming ownership of land and forest resources or holding them in trust, effectively removing decision-making power from traditional owners. Examples of countries without such formal recognition include Gabon and Liberia.
• Even where laws recognise customary rights, implementation is often hindered by unclear evidence requirements, high costs, and complex registration procedures. In Cote d’Ivoire, a 1998 law's registration steps are so expensive and complex that few land titles have been registered.
• The absence of implementing legislation can render laws inoperable. In the Republic of Congo, despite a 2011 law promoting the rights of indigenous peoples to own and use land, the lack of implementing legislation leaves these populations at risk of eviction.
• Failure to recognise land rights leads to three primary risks during forest conversion: eviction and displacement without compensation, land tenure disputes that can jeopardize lives and disrupt commercial activities, and increased land scarcity due to competition for relocation sites.
• Free, Prior and Informed Consent (FPIC) is a critical tool for community participation in decision-making, allowing communities to negotiate fair agreements or reject projects. While included in certification schemes like the FSC and RSPO, it is rarely a legally binding obligation in national laws.
• Ambiguities in how community approval laws are applied can lead to the exclusion of communities from negotiations. In Liberia, while forest law requires community approval for commercial timber logging, it is unclear if this applies to conversion projects, leading to concession agreements that ignore affected villages and farming land.

APA

ClientEarth (2018). Communities’ rights – the need for recognition. https://www.clientearth.org/media/n0rfubkm/legal-toolkit-on-forest-conversion-factsheet-5-communities-rights-the-need-for-recognition-ce-en.pdf

Chicago

ClientEarth. Communities’ rights – the need for recognition. 2018. https://www.clientearth.org/media/n0rfubkm/legal-toolkit-on-forest-conversion-factsheet-5-communities-rights-the-need-for-recognition-ce-en.pdf.

Wikipedia

{{cite report |author=ClientEarth |title=Communities’ rights – the need for recognition |date=2018 |url=https://www.clientearth.org/media/n0rfubkm/legal-toolkit-on-forest-conversion-factsheet-5-communities-rights-the-need-for-recognition-ce-en.pdf |access-date=23 October 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{clientearth2018communities, author = {{ClientEarth}}, title = {{Communities’ rights – the need for recognition}}, institution = {ClientEarth}, year = {2018}, url = {https://www.clientearth.org/media/n0rfubkm/legal-toolkit-on-forest-conversion-factsheet-5-communities-rights-the-need-for-recognition-ce-en.pdf}, urldate = {2026-10-23}, note = {Indexed by Climate Insights Directory} }