Existence of Customary Practices in Forest Management Before FLA

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5.4.1 Existence of Customary Practices in Forest Management Before FLA

In general, customary practices in the management of forest resources, which were traditionally regarded as communal property, existed in all the study villages in Dak Lak. In Cham B, the allocated forest area used to be the communal forest of the indigenous Ede people, providing them with sources for shelter and livelihoods. he area of forest had traditionally belonged to the Ede community of Cham B and the neighboring village of Cham A who lived with Cham B villagers as one village pre-1990 [see also Tran and Sikor 2006]. All indigenous people living in the area respected this tradition and had to ask for permission from Cham B people usually the traditional village headman before they could harvest timber or clear forest land Box 6 provides a description of local customs regulating access to such forest. Similarly in Tul, the allocated forest area was regarded as property of Tul villagers according to traditional practices. All Mnong ethnic people in surrounding villages recognized this tradition. Within Tul, there was an awareness of forest areas in which logging and land clearing were and were not allowed. A mango tree planted in the middle of farmed land is a symbol of customary ownership of that land. IMPLEMENTATION OF FOREST TENURE AT THE LOCAL LEVEL 37 box 6: Traditional “Forest Ownership” in Cham b Village Similar to many other indigenous villages of Viet Nam’s Central Highlands, Cham B villagers have been living in close connection with the forest for generations. Villagers still maintain a traditional system of ownership to forest resources despite the forest being designated state property. he allocated forest is locally recognized as having belonged to the village for generations. For Cham B villagers, access to arable land in this forest area is regulated by their local institutions. Farmers whose parents used to farm in this forest area can go back and place their claim on this land. As a tradition, when someone irst cleared a patch of forest for cultivation, s he would plant several mango trees in the ield to mark the ownership. After the land was left fallow, the mango tree would become a symbol of “land ownership” recognized by all villagers. Similarly, local people also have a traditional way of claiming ownership on timber trees, which is based on a “irst see, irst own” basis. Households seeking timber for their houses set their claim on a tree by making a clear and visible mark on the tree trunk. A tree in the forest with a mark on the trunk means it has been “owned.” Only the person who made the mark has the right to take the tree home. Violation is determined by traditional rules, with a traditional village headman deciding punishment. his headman is also responsible for settling disputes in accordance with customary law. Source: Nguyen 2005 In T’Ly, the allocated forest used to be the sacred forest of the villagers. here was an area in this forest from which local people collected timber only for the village’s traditional events; logging for other purposes was prohibited there. Similarly, customary practices in forest management also existed in Diet village before FLA. he allocated forest was also the area where people farmed and collected products for their needs. A similar picture is found in study villages in Hoa Binh. Before FLA took place, people in Song, Khanh, and Noong Luong villages had an area of forest traditionally belonging to them. Aside from NTFP collection, the use of such forest area was only for people from the village. Outsiders required permission by the village for timber logging. In Cha Day village, there was an area of forest that was used for water resource protection. Cha Day villagers took collective care of the forest area for their needs.

5.4.2 Role of the Traditional Village Headman