NTFP(2) : Tenure and Use Right and Responsibilities

PRINCIPLE #2: TENURE AND USE RIGHTS AND RESPONSIBILITIES

Long-term tenure and use rights to the land and forest resources shall be clearly defined, documented and legally established.

Non-timber forest products are important resources for rural, and even urban, populations worldwide.Forest managers shall demonstrate sensitivity to the dependence of local individuals and communities on NTFPs, as long as such NTFP usage does not threaten forest integrity.Forest managers may take proactive steps to improve community relations by improving understanding of NTFP usage, permitting continued access to such resources and by being mindful of maintaining NTFP resources in management planning.However, increased market demand, higher prices for particular NTFPs or new settlement may increase pressures on NTFPs.In such instances, management may need to restrict NTFP access to those with traditional rights, or in drastic cases, temporarily curtail access to protect resources.

2.1 Clear evidence of long-term forest use rights to the land (e.g. land title, customary rights, or lease agreements) shall be demonstrated.

Agreements are made between the FMO and third party commercial NTFP harvesters and are preferably outlined in writing (e.g. a lease contract or other agreement outlining harvest area, species collected, estimated extracted volume, etc.).

2.2 Local communities with legal or customary tenure or use rights shall maintain control, to the extent necessary to protect their rights or resources, over forest operations unless they delegate control with free and informed consent to other agencies.

Local communities receive fair and adequate benefits for any use of their name or image in marketing of NTFPs.

When local knowledge is the basis of an NTFP-related patent, informed consent is obtained and the affected community receives fair and adequate benefits.

2.3 Appropriate mechanisms shall be employed to resolve disputes over tenure claims and use rights.

The circumstances and status of any outstanding disputes will be explicitly considered in the certification evaluation.Disputes of substantial magnitude involving a significant number of interests will normally disqualify an operation from being certified.

Commercialization and large-scale harvesting of NTFPs is described in advance to affected communities, by means which are appropriate to the local reality, when the harvest of such products has the potential to impact local subsistence use.