BIO-CULTURAL COMMUNITY PROTOCOLS IN THE CONTEXT OF PAYMENT FOR ECOSYSTEM SERVICES PART II / CHAPTER 6 ILCs often have unresolved and insecure land rights. If this all stakeholders have a holistic understanding of how fundamental issue is not addressed, PES schemes are likely resources are used before the introduction of any PES to only benefit large land owners who can influence the schemes in order to avoid unintended consequences way the land is used and thus qualify for a PES scheme, such as depriving some members of the community of which in turn may lead to further marginalisation of ILCs. basic resources required for day-to-day survival; PES schemes may also further undermine local communities • As a result of PES schemes and associated land use changes, by enabling more powerful actors to secure land tenure ESS providers may suffer from loss of employment. before ILCs can assert their rights based on customary law PES schemes could also lead to the loss of control over and 26 or a history of use. Comparative studies between Mexico, flexibility of local development policies, as they may limit where ILCs have access to and control over 80% of forest land management options in the medium- to cover, and Brazil, where access to resources by local long-term future. Those involved in PES schemes must communities is much less secured, have highlighted the consider and calculate other opportunity costs as importance of affirming rights in making PES work for well; and 27 local communities. • Sometimes the provision of ESS can be inhibited by unexpected natural events such as droughts, wildfires IIED makes a similar observation based on their work on forest or insect plagues. Communities have to ensure ecosystems, warning that there is a risk of poor communities that either they offer a large variety of ESS that make being negatively affected by PES schemes. As the market for them less vulnerable to times of “non-delivery”, or that ESS raises the value of biodiversity-rich areas, it may lead to the PES scheme addresses how to deal with the risk competition for controls of these areas. If ILCs living in the of unforeseen circumstances beyond communities’ area have no formal title to them, they are at risk of expulsion. control; and In some ILCs, the commodification of ESS In this sense, instead of empowering local communities, PES through financial valuation may be culturally unacceptable. can actually lead to their further marginalization. 28 This may particularly be the case if a PES scheme leads to changes in land use that conflict with traditional However, the opposite can also occur. A Danish Institute for resource use. Thus there is a need to examine the International Studies report found examples of how PES compatibility of PES schemes with the bio-cultural schemes have actually helped clarify communities’ land use values of communities. rights. As a result of community participation in the maintenance or strengthening of ESS through ecosystem m a n a g e m e n t , c o m m u n i t i e s’ l a n d t e n u r e w a s actually strengthened. 29 4.6 Preventing Perverse Outcomes In addition to the above challenges implicit in PES schemes, there are concerns about the possibility of certain unintended consequences, including the following: • PES schemes may prevent ESS providers from harvesting certain products or benefiting from certain ESS that are essential for the ILCs’ livelihoods. Before entering into a PES deal, consultations need to be held to ensure that 26. “Payment for Environmental Services and Rural Communities: Lessons from the Americas” Herman Rosa, Susan Kandel, Leopoldo Dimas and Ernesto Mendez, PRISMA (Programa Salvadoreño de Investigación sobre Desarrollo y Medio Ambiente) 27. Ibid. 28. Supra note 24. 29. Supra note 7. 63

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