Natural Resource Conflict Natural resource conflicts are disagreements and

disputes over access to, and control and use of, natural resources.

These conflicts often emerge because people have different uses for resources such as forests, water, pastures and land, or want to manage them in different ways.

Disagreements also arise when these interests and needs are incompatible, or when the priorities of some user groups are not considered in policies, programs and projects.

Such conflicts of interest are an inevitable feature of all societies. In recent years, the scope and magnitude of natural resource conflicts have increased and intensified.

These conflicts, if not addressed, can escalate into violence, cause environmental degradation, disrupt projects and undermine livelihoods.

Acknowledging that conflict is a common feature of any resource use system is a prerequisite for sustainable management that is participatory and equitable.

Definition

USAID (2006) has defined natural resource conflict “as the situation where the allocation, management, or use of natural resources result access to natural resources to an extent that significantly diminishes human welfare”

Causes of Conflict Natural resource conflicts have always been

with us, due in part to the multiple and competing demands on resources.

Conflicts can arise if user groups are excluded from participating in natural resource management.

They also occur if there are:

contradictions between local and introduced management systems in policy, program and projects

Misunderstandings and lack of information about policy and program objectives;

Contradictions or lack of clarity in laws and policies;

Inequity in resource distribution;

Poor policy and program implementation.

Scarcity of natural resources

Changing land use system

Population pressure on resources

Lack of effective monitoring system

Political Instability

Lack of coordination between different agencies

Policy imposed without local participation

Poor identification of and inadequate consultation with stakeholders

• Conflict will always exist to some degree in every community, but it can often be managed and resolved.

• Lack of public disputes does not mean there is no conflict.

• The form and intensity of conflicts vary widely by place, and over time within any community.

• Conflicts manifest themselves in many ways, ranging from breaking rules to acts of interrupt and violence.

• Sometimes conflicts remain hidden or latent.

• People may allow grievances to smolder because of fear, distrust, peer pressure, financial constraints, exclusion from certain conflict resolution procedures, or for strategic reasons.

• Because some societies encourage their members to avoid public confrontations, a lack of public disputes does not mean there is no conflict.

Actors of Conflict Natural resource conflicts occur at various levels and involve

a variety of actors.

They range from conflicts among local men and women,

conflicts among neighbouring communities

community-based organizations,

domestic and multinational businesses, governments, international development agencies and

NGOs in conflict over the use and management of resources

Most conflicts are characterized by the presence of multiple stakeholders who themselves may have subgroups with varying interests.

Types of conflict in Natural resource

• On the basis of causes of conflict, it can be divided on utilization related conflict, management related conflict, ownership related conflict and policy related conflict.

• The Utilization related conflict is due to the uneven access to and control over the resources and benefit sharing among different actors.

The Management related Conflict

• It is due to the exclusion of certain groups/actors in the management of natural resources.

• This kind of conflict mostly arise in Nepal due to the exclusion of women and disadvantaged minority group in the utilization and management of natural resources such as community forest, watershed management, irrigation cannel management, drinking water management etc.

• Similarly, this types of conflict also arise due to the different people/group want different way of resource management.

The ownership related conflict

• It is due to ownership dispute among the institutions or communities. Demarcation of resource boundary, registration process to some of the governmental organization for legalization, naming of the resource group/committee are the major example in Nepalese cases.

The Policy related conflict

• It occurs due to the policy dispute between communities and between community and national policy.

• The latest government decision about forming one National park and three conservation areas has brought dispute between the local community group and the central policy making.

Land Related Conflict Boundary demarcation

Change in ownership

Land capture by different groups

Tenancy right

Tenant eviction

Development of infrastructure in particular site

Obstruction of existing path

Biased land quality assessment and measurement

Public land encroachment

Fraudulent sale

Land fragmentation

Order of succession (gift of parental land holding)

Forest Related Conflict Differential use of forest

Ownership of forest

Demarcation of forest boundary

Identification of user

Selection of management

Distribution of forest product

Payment of royalties

Illegal collection of NTFPs by outsiders

Hunting and Poaching of wild animals

Collection of medical plants by traders

Political influence of forest management

Change in forest related policy

Water Related Conflict Source Dispute

Sharing of drinking water

Irrigating land

Payment of compensation

Maintenance of drinking water supply and irrigation system

Role and responsibility of Water users committee

• User group and government technician disputes

Pasture Related Conflict• Demarcation of pasture land with forest and

agricultural land

• Conflict between herders and agriculturalist

• Overgrazing

• Grazing right

• Ownership of pasture land

• Inclusion/exclusion in pasture management

Key Conflict Management and Resolution Strategies

• Avoidance: Acting in a way to keep a conflict from becoming publicly acknowledged.

• Adjustification: relying on judge or administrator to make a binding decision.

• Mediation: using a third party to facilitate the negotiation process. (A mediator lacks the authority to impose a solution

• Negotiation: following a voluntary process in which parties reach agreement thorough consensus

• Arbitration: submitting a conflict to a mutually agreeable third party who renders a decision.

• Coercion: threatening or using force to impose one's will.

Alternative conflict Management Approach Addressing conflict is a prerequisite for sustainable

natural resource management.

Conflicts over natural resources are growing in scope, magnitude and intensity.

If not addressed in an effective and timely manner, natural resource conflicts can adversely affect community livelihoods and result in resource degradation.

Alternative conflict management offers an innovative, multidisciplinary approach to understanding, analyzing and managing conflicts both before and after they occur.

It seeks the development of participatory and consensus- building strategies, and it builds upon existing formal and informal conflict management mechanisms within local communities.

It also seeks to strengthen the capacity of local institutions and communities to manage conflict and promote sustainable resource management.

Appropriate conflict management and resolution strategies need to be incorporated into natural resource management policies, programs and projects.

Natural Resource Conflict Reduction strategies Decentralization and devolution of right

Forest Law enforcement

Participatory natural resource management

Effective Policy formulation

Research and analysis of causal relationship

Scientific Land reform/Land Ownership

Indigenous land right

Improve governance and institutional accountability

Negotiation/regular interaction

Tenure and user right

Harvest regulation of natural resources

Sustainable use of natural resources

Cooperate rather than compete in limited resources

Fair distribution of benefit of Natural resources

Adequately identify and involved the stakeholders

Information base -----communication

Coordination among different agencies/sectors

Institutional capacity building

Monitoring and evaluation

Appropriate resettlement scheme

Legal advice and orientation, awareness

Create alternative livelihood opportunity

Address the causes of conflict

Conflict Management Practices in Nepal1.Formal Practices Court system

Semi judicial organization

– Government offices concerned with resources such as land revenue office, Department of forest

– Police station

– Local administration such as VDC, DDC

Formal practice requires huge time, money and legal understanding (average 1-7 years)

2. Informal Practices1. Jhakri, Purohit, Mukhiya, landlords, faith healer

2. Dharma Bhakaune: sacred test (Saligram, Pipal etc)

3. Sagun garne: (reconciliation):gift followed by party

4. Mafi Magne

5. Mit Laune

6. Tamodhi (Gurung), Thakali Samaj, Mitheba (Manangis, Bhalmansa, Maijan (Musahar), Mullah (muslim)

It is easier, do not need legal knowledge, short time for decision, social harmony, negotiation

However, eroding due to verdicts biased in the favour of those with power.

Rating of Performance

Performance Formal Informal

Good 5 25

Satisfactory 15 50

Poor 65 15

D/N 15 10Source: Upreti (2004), Dolakha

Reason for Poor PerformanceReason Frequency

Political influence 92

Legal complication 77

Inaccessible/expensive 85

Influence of money 77

Elite bias in decision 89

Lack of transparency 92