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EVALUATING THE RESULTS OF OUR WORK The Centrality of Social Capital: and Enterprise Development Among the Indigenous Mayangna of Awas Tingni (North Atlantic Autonomous Region, Nicaragua)

Community Forestry Case Studies No. 1/10 November 2015

Benjamin D. Hodgdon Freddy Ramírez Oswaldo Terrero Gloria López Contents

Preface 3

Executive Summary 5

Methods 7

The Alliance and Community Enterprise 7

The Multilateral Investment Context 8 Fund (MIF), a member of the Autonomy and Indigenous Land Titling in the RAAN 9 Inter-American Development Bank (IDB) The Awas Tingni Community 11 Group, is the largest provider Yamaba Cooperative Structure, Policies and Development 16 of technical assis- tance for private- sector develop- Rainforest Alliance Technical Assistance 18 ment in Latin America and the Assessment of Results 19 Caribbean. Its core beneficiaries include micro Lessons Learned 21 and small busi- nesses, small farms, and poor Recommendations 24 and vulnerable households. It Annex I: References 25 designs and finances pilot projects to test Annex II: Key Informants 25 pioneering approaches to building econom- ic opportunity Acronyms and decreasing poverty. AMASAU Awas Tingni Mayangnina Sauni Umani CAMANIC Cámara de Artesanos y Muebleros de Nicaragua The Rainforest CIDH Inter-American Court for Human Rights Alliance works COTRAFOR Forest Workers Cooperative in Awas Tingni to conserve CW Controlled and FSC® Forest Stewardship Council® ensure sustain- GIZ Deutsche Gesellschaft für Internationale Zusammenarbeit able livelihoods MADENSA Maderas y Derivados de Nicaragua, S.A. by transforming MAPINIICSA Maderas Preciosas Indígenas e Industriales de Nicaragua, S.A. land-use prac- MARENA Nicaraguan Ministry of Natural Resources and the Environment tices, business NAWPI North American Wood Products practices and RAAN North Atlantic Autonomous Region consumer RAAS South Atlantic Autonomous Region behavior. SOLCARSA Sol del Caribe, S.A. www.rainforest UNDP United Nations Development Programme -alliance.org WWF World Wildlife Fund preface

Over the last two decades, countries across the trop- based production forestry can be an effective ics have devolved increasing authority over natural approach to conserving forest resources while also to local actors. The ability of those actors generating significant social and economic benefits to manage forests sustainably and make forestry a for marginalized communities. At the same time, competitive land-use choice has therefore taken on however, these studies tell a more nuanced story. a growing importance. In response to this changing The diversity of contexts and enterprises represented landscape, a range of efforts around the globe are sheds light on the development of community for- supporting community-based estry in its many forms—towards multiple and some- by working to improve the capacity of local people times contested goals—while chronicling both suc- to manage their natural resources and develop local cesses and failures. As such, each case stands on its enterprise. In spite of the abundance of manuals, own to inform similar cases around the world, while methodologies and other tools to guide technical also forming a part of the broader story this series assistance, there is a relative paucity of systematic tells about the variable trajectories of community analyses of the results of such efforts: experiences, forestry development. lessons learned and recommendations for improv- ing assistance to local forestry development. Although a guiding goal of many projects—including the present one—is to achieve financial This case study is one of 10 produced under “Forest for community forest enterprise, the importance of Conservation through Certification, Markets and external technical assistance in building local capaci- Strengthening of Small and Medium-sized Forest ties is also clearly fundamental. However, the effec- Enterprise,” a five-year project supported by the tiveness of such assistance is not always optimal, Multilateral Investment Fund (MIF), a member of which is why each case includes an assessment of the Inter-American Development Bank (IDB) Group. the results of the Rainforest Alliance technical assis- Led by the Rainforest Alliance, the project involves tance that was received. In several cases, insufficient approximately 100 community operations and small data and/or a lack of indicator consistency—not and medium-sized enterprises (SMEs) in , to mention confounding external factors (storms, , Mexico, Nicaragua and Peru. The project’s market fluctuations, political upheaval and social central aim is to improve local livelihoods through conflict) and the absence of truly scientific controls— sustainable forestry and enterprise development. make it impossible with full confidence to attribute Although the support needs, contexts and develop- change solely to Rainforest Alliance support, espe- ment levels of partner communities vary tremen- cially given the active presence of other actors at all dously, the project’s unifying strategy is to improve project sites. This caveat notwithstanding, it is clear business capacities, market access and financial sup- that, in each case, project interventions produced port for enterprise development in order to secure concrete results. The studies aim to extract lessons sustainable forest management and livelihood from these results and recommend ways forward. development. Finally, while the bulk of these studies have been The case studies in this series were carefully prepared and published by staff of the Rainforest selected to cover all five countries where the proj- Alliance, they would not have been possible without ect is active, and to reflect the full range of partici- the collaboration and dedicated efforts of many oth- pants—from highly incipient community operations, ers including a host of government agencies, civil to second-tier business alliances among multiple society partners, academic institutions and private well-developed, certified enterprises. Special atten- sector actors. Above all, the communities them- tion was also paid to ensuring representativeness selves must be recognized and congratulated for the with respect to forest ecosystems (temperate and time that they invested in assisting with the compi- tropical), tenure arrangement (permanent and con- lation and review of these studies. All contributors cession) and production focus (timber and non-tim- are specifically acknowledged in each separate case ber). In all of the studies, the impact of Rainforest study. Although the contributions of all of these Alliance technical assistance on enterprise develop- actors are fundamental, the content of these studies ment was analyzed, including a critical assessment is the sole responsibility of the Rainforest Alliance, of priorities for future assistance. Beyond enterprise- except where other institutions have taken a co- specific examples, two studies take a more thematic publishing role. approach, analyzing experiences with markets for lesser-known species and financial mechanisms. The table on the following page presents a break- down of the 10 case studies that were produced as Taken together, the 10 studies support the growing part of this project. body of research demonstrating that community-

3 Community No. Case Study Location Key Themes forestry case studies 1 Awas Tingni North Atlantic • Indigenous community Autonomous • Incipient forest enterprise development Region, • Social and institutional foundations for community Nicaragua forestry

2 Moskibatana non- Muskitia, • Indigenous community forestry timber Honduras • NTFP management and Forest Stewardship Council® (NTFP) enterprise (FSC®) market development • Development of a new forest enterprise

3 Ejido El Largo Chihuahua, • Integrated forestry development planning Mexico • Community forest enterprise competitiveness

4 CAIFUL Río Plátano • Local forest enterprise development cooperative Biosphere • Benefits of forest enterprise at the community scale Reserve, Honduras

5 Analysis of forest man- Maya • Impacts of certified community forestry silvicultural agement in community Biosphere and management systems concessions Reserve, • Investments by community enterprises in conserva- Guatemala tion and monitoring

6 Brazil nut production Madre de Dios, • NTFP enterprise development and enterprise Peru • Financial and administrative capacity building

7 TIP Muebles Oaxaca, Mexico • Commercial cooperation among community forest enterprises • Furniture value chain development

8 Tres Islas native Madre de Dios, • Indigenous community forestry community Peru • Landscape approach • Incipient forest enterprise development

9 Building markets for Maya • Development of new markets for lesser-utilized com- lesser-known species Biosphere mercial timber species Reserve, • Diversification of a second-tier community forestry Guatemala business model

10 Financial mechanisms Regional • Design, operation and impacts of mechanisms to for community forest increase forestry producer access to credit enterprises

4 executive summary The Centrality of Social Capital: Forestry and Enterprise Development Among the Indigenous Mayangna of Awas Tingni

Entering the community of Awas Tingni Photo by Eugenio Fernández Vázquez

Like many countries in the global south, Nicaragua added production, business administration, financial is devolving control over forest resources to regional management and market access. authorities and local communities. In the country’s Atlantic Coast region, which contains three-quarters The present case study focuses on the indigenous of Nicaragua’s remaining natural forest, a process Mayangna community of Awas Tingni, which has of indigenous land titling has been going on for one of the longer histories of organized commu- more than five years. Given that most of the region’s nity forestry in Nicaragua, predating the national land is forested and under some form of customary land-titling policy by about 15 years. Since 2007, tenure, the devolution process has major implica- the Rainforest Alliance has been working in Awas tions for the future of the country’s forest resources. Tingni to develop community forest enterprise—most Indigenous land titling has set the stage for commu- recently with support from IDB/MIF. Given the nity-based forestry across a large area of natural for- nearly 20-year history of community-based efforts est. The changes underway are both regionally and around forestry in Awas Tingni, the gathering pace internationally important. of indigenous land titling throughout the region and the support of IDB/MIF, it is worth examining the To conserve forest resources, local communities major events, partnerships, outcomes and changes must be able to make sustainable forest manage- in enterprise organization and forestry operations ment a competitive land-use alternative. Therefore, it within the community—particularly as other com- is of critical importance to improve local capacity for munities in Nicaragua and beyond are starting to the development and management of community establish their own forest enterprises. forest enterprise. The Rainforest Alliance works to improve the competitiveness of such enterprises by The central finding of this case study is that a con- building local capacity for forest management, value- tinuing lack of social cohesion threatens to under-

5 mine the potential for community forest enterprise ers. Of particular note are improvements in pri- development, despite the important progress that mary transformation techniques and negotiations Awas Tingni has made in obtaining the rights to that resulted in a two-fold increase in enterprise customary lands and improving certain enterprise revenues during the period analyzed in this study. metrics. It is urgent to address the core social and Such gains, however, are at risk of being eroded organizational issues discussed in this analysis if the by continuing social and institutional problems community is to realize the full array of potential that endanger the future of forest enterprise in benefits that sustainable forestry and local enter- Awas Tingni. prise can offer. • The efficacy of technical assistance efforts has Additional key findings and lessons learned from been constrained by various factors, including this case study include the following: the periodic nature of funding, staff turnover and the lack of continuity of support. • Awas Tingni has played a nationally and region- ally important role in the struggle to recognize Based on these findings, a number of recommenda- indigenous land rights. Despite winning legal tions are proposed: tenure, in recent years Awas Tingni has seen dra- matic increases in incursions into its community • If desired by the community, Awas Tingni should lands by outsiders, resulting in the conversion of be supported in the process of developing and natural forests. Illegal land occupation and defor- agreeing on a community-cooperative compact. estation threaten the integrity of its indigenous Such an agreement could include the re-election lands and undermine the development of com- of the cooperative’s board of directors and an munity forest enterprise. expansion of its membership. Achieving a single, unified forestry operation with clear internal rules, • Although Awas Tingni maintains the legal basis a prescribed role in the wider community and a for community forest enterprise, decision-making territorial governance structure is fundamental to on forest management matters is still largely ensuring that forest management is sustainable controlled by outside actors and a relatively and benefits the entire community equitably. small number of community elites. Burdensome and redundant regulatory requirements, which • The community should revise its current for- have sometimes been applied in an ad hoc and est management plan, which was first drafted politicized manner, coupled with overly complex in 1992 by one forestry company and recently bureaucratic processes (due in part to nascent updated by another. Once there is agreement territorial and regional institutions) have con- on a unified local forestry authority, Awas Tingni spired to hamper operations and undermine could redraft the plan within the context of its enterprise efficiency. wider territorial land-use plans, local forest use and values, and the community’s long-range • A continuing disarticulation between Awas objectives for the protection of its land title, for- Tingni’s territorial and community leadership, and est management and enterprise development. the forestry cooperative, which was established In conjunction with participatory planning and to develop the enterprise, undermines the com- technical training processes, Awas Tingni could munity’s capacity to assert equitable and repre- produce a forest management plan that reflects sentative local control over its forest resources. the community’s values and exercises the full Lack of a unified vision for community forestry extent of its hard-won indigenous rights. and operational decision-making related to the enterprise also generates confusion with regard • Outside investments in forest enterprise develop- to forest management and commercial relation- ment (infrastructure and/or technical assistance) ships. need to be better aligned with overall commu- nity capacities and priorities, and embedded into • Thanks to the availability of investments from an investment plan that is based on a long-range outside the community and growing interest community vision. Technical assistance on for- among responsible wood buyers in the region, estry issues should focus as much or more on Awas Tingni is in a position to achieve sustain- foundational social and organizational priorities able forest management and produce a diversi- as it does on the achievement of forest manage- fied range of value-added material for domestic ment and sales metrics. and international markets. However, founda- tional issues surrounding social organization, • Targeted support from technical assistance agen- participatory forest planning and operations, and cies will be essential to achieving the above local capacity for product development and busi- steps, as well as to negotiating a streamlined ness administration must be addressed before process for overseeing forest management and the community’s substantial potential for forest trade. Joint planning is necessary to ensure that development can be realized. such support is complementary.

• Rainforest Alliance technical assistance has helped the community’s cooperative achieve notable advances with respect to efficiency, val- ue-added production and negotiations with buy- 6 Nicaragua’s RAAN region is home to globally important natural forests Photo by Eugenio Fernández Vázquez

Methods The Rainforest Alliance and Community Forest Enterprise Research methods for this case study comprised interviews and the review of key documents, The Rainforest Alliance is an international envi- including internal Rainforest Alliance reports dat- ronmental non-governmental organization that ing back to 2007, as well as reports generated by is active in more than 100 countries around the other organizations that have provided technical globe. The organization’s mission is to conserve assistance to Awas Tingni and groups working biodiversity and ensure sustainable livelihoods by more broadly on forestry in Nicaragua. Published transforming land-use practices, business practices literature was also consulted, in Spanish and and consumer behavior. Core sectors are forestry, English, including academic articles and pieces agriculture and tourism, complemented by cross- aimed at broader audiences. A list of references is divisional support programs that focus on climate, included in Annex I. sustainable finance, education, and evaluation and research. Additionally, key indicators were updated and examined using the Rainforest Alliance’s baseline In the forestry sector, the Rainforest Alliance works evaluation methodology, which logs relevant socio- with forest communities to maintain ecological val- economic, forestry and enterprise data points. ues and ecosystem services in their forests, help- Beyond basic indicators related to community ing them to implement low-impact management population, land use and livelihoods, the study also practices, protect and buffer high conservation looked at data on forest production, processing value areas and plan silvicultural activities that efficiencies, business administration, market link- mimic natural regimes of disturbance and regen- ages and enterprise performance. With the help of eration. Community forest management operations local counterparts, data was updated for the analy- learn about and apply best management practices sis period and evaluated to identify areas where benchmarked against FSC standards, which ensure observed changes were significant. compliance with local and national laws; clarity with respect to tenure, access and indigenous Interviews took place in several phases. First, a rights; the enhancement of worker safety; equitable focal group session was organized for a semi- benefit-sharing; and monitoring of the implementa- structured interview/group discussion in the com- tion of their forest management plans. munity of Awas Tingni. Second, individuals with intimate knowledge of the Awas Tingni case were To live up to its name, sustainable forestry must interviewed on various topics related to their ultimately turn a profit, which is a major challenge expertise. Third, one-on-one follow-up interviews for community operations. For this reason, the were conducted during the drafting phrase to Rainforest Alliance provides technical assistance gather specific data points and perspectives. A list to forest communities and SMEs to help build local of those interviewed is presented in Annex II. capacities in forestry enterprise management and markets. In order to invest in best management practices and make forestry a viable land-use alter- native, these operations must achieve economic

7 Figure 1 Nicaragua’s RAAN and municipalities Mairena et al. 2012

competitiveness. To date, the Rainforest Alliance (sometimes divided according to the use of the has provided assistance to more than 150 commu- Panamaska or Tuashka dialects), Ulwa and Rama. nity forestry operations and SMEs, covering close Non-indigenous people are either mestizo (of to 3.5 million hectares in 18 countries in Africa, mixed indigenous and European heritage) or creole Asia and Latin America. (Afro-descendant Caribbean). In reality, however, ethnicity is not so clearly delineated. A 300-year In 2010, with support from IDB/MIF, the Rainforest history of intermingling and cultural fusion has Alliance began implementing the project “Forest produced a population that is very mixed, both Conservation through Certification, Markets and in rural and urban areas. The extent to which a Strengthening of Small- and Medium-sized Forest person of Miskitu heritage, for example, may self- Enterprise” (henceforth referred to as “the proj- identify as either indigenous (“Tawira”) or creole ect”). (“Miskitu Sambu”) speaks to the RAAN’s complex and evolving ethnic reality. Context There is little documentation about the pre-con- Situated in northeastern Nicaragua, the North quest history of the area. It is thought that what Atlantic Autonomous Region (RAAN, by its Spanish is now known as the RAAN was divided into two acronym) anchors a large intact block of tropical “provinces” and then subdivided into a half-dozen 2 forest. Of the region’s total land area (32,000 km ), smaller units, along linguistic lines and by geo- nearly 75 percent is forested, representing more graphical boundaries, but there were few power than 40 percent of Nicaragua’s total forest estate centers or formal entities that ruled large areas. and nearly 70 percent of its primary forest. The Despite many attempts by the Spanish crown, RAAN includes a range of ecosystems—from pine Spaniards never settled the Atlantic Coast. Miskitu woodlands and mangroves to humid tropical for- communities strongly resisted subjugation, instead est—and houses a host of endemic and globally formalizing an alliance with the British in 1740. threatened species. This alliance led to British settlements along the Miskitu Coast, the development of (to The RAAN’s biological diversity is matched by its which slaves were brought from Africa) and the rich cultural history and ethnic makeup. Nearly a first commercial timber extraction. With the inde- third of its 400,000 inhabitants self-identify as indig- pendence of several Central American states in the enous, the largest groups being Miskitu, Mayangna 1820s, Britain negotiated recognition of the Miskitu 8 Kingdom as its protectorate, partly to ensure unfet- est concession (to a private individual who owned tered access to . a timber company) occurred during the 1950s. Beginning in 1978, the Nicaraguan Revolution After years of rising tensions over access to resulted in significant upheaval in the RAAN. By the resources, which increasingly involved the US, early 1980s, many communities fled to Honduras the 1860 Treaty of Managua ceded control of to escape the fighting between the Sandinistas the Miskitu Coast to Honduras and Nicaragua and the US-backed Contras. In 1982, residents of (although the British did not fully leave the Atlantic Awas Tingni were evacuated to Honduras, and it Coast until the signing of the Harrison-Altamirano wasn’t until the signing of the Esquipulas Peace Treaty in 1905.) The industry grew sub- Agreement in 1987 that many community members stantially in the years after the RAAN’S incorpo- returned. ration into Nicaragua. North American logging interests became the principal economic actors Autonomy and Indigenous Land Titling in the on the Miskitu Coast along with banana compa- RAAN nies like Standard Fruit. By 1926, Bragman’s Bluff Company—a Louisiana-based subsidiary As the civil war drew to a close and peace negotia- of Standard Fruit that was based near what is tions began, the issue of indigenous rights came to now the RAAN’s main town, Puerto Cabezas—was prominence. Such rights were formally recognized Nicaragua’s largest single employer, with some under the Nicaraguan Constitution, which was 3,000 employees. The company invested $5 million enacted in 1987, and bolstered by the Autonomy in the area during the 1920s, building a railroad, Statute, which passed the same year and set the importing a US-made and installing port stage for the establishment of the RAAN (as well as facilities, but its concession in the pine savan- the South Atlantic Autonomous Region, known as nahs northwest of Puerto Cabezas created conflict the RAAS). In 1990, regional councils were elected with Miskitu communities. With the advent of for the first time, but despite constitutional recog- Augusto Sandino’s revolution in the late 1920s and nition, many years passed before the RAAN took early 1930s, Bragman’s Bluff and other companies meaningful steps towards autonomy. A succes- became frequent targets of rebel attacks, as the sion of governments in Managua refused to grant Miskitu joined forces with Sandino’s troops (Wani real decision-making power or funds to regional 2004). authorities.

In 1934, when Sandino was killed and his rebellion Meanwhile, however, a movement was growing to put down, Nicaragua was taken over by the Somoza demand indigenous land titling in the RAAN. The family, a dictatorship that lasted until 1979. The community of Awas Tingni played a central role in Somoza regime frequently awarded forest conces- this movement. Beginning in the mid-1990s, with sions to US firms (which were mainly focused support from the World Wildlife Fund (WWF) and on pine production) and to powerful mestizo legal advice from the University of Iowa’s law Nicaraguans. The first documented case of Awas school, Awas Tingni fought to revoke a forest con- Tingni’s customary lands being awarded as a for- cession that had been granted by the Nicaraguan

Figure 2 Indigenous ter- ritories in the RAAN, RAAS and Jinotega; Awas Tingni is territory 6 GIZ/MASRENACE

9 Table 1 No. Region/Name of territory # of communities Population Area (ha) Indigenous terri- tories in the RAAN 1 Kipla Sait Tasbaika Kum 14 5,164 113,597.00 (as of 2013)

2 Li Lamni Tasbaika Kum 26 9,103 138,227.00

3 Wangki Li Aubra 18 7,991 88,434.78

4 Awas Tingni 3 2,110 73,394.00

5 Mayangna Sauni As 16 10,000 163.81

6 Sikilta 1 870 43,241.40

7 Kipla Sait Tasbaika Kum 14 8,718 54,556.36

8 MATUNBAK 8 4,743 48,723.14

9 Wangki Twi 21 18,117 162,181.60

10 Prinsu Awala 19 5,372 414,955.40

11 Wangki Maya 22 16,596 138,881.86

Total 216 88,784 1,276,193.00

government to a Korean-owned firm on the commu- the Miskitu political party Yatama (Larson and nity’s traditional lands. Although Nicaragua’s own Lewis-Mendoza 2012). Supreme Court found the concession to be uncon- stitutional, the community’s attempts to remove One of the key aims of many who supported land the concessionaire were unsuccessful, and the titling was to stem the tide of in the case eventually ended up before the Inter-American RAAN, which had accelerated in the 1990s well into Court for Human Rights (CIDH). In August 2001, the the new century. With much of the Pacific Coast CIDH ruled in favor of Awas Tingni and ordered the already deforested and settled, a classic agricultur- Nicaraguan government to pay reparations, and al frontier scenario took shape along the western to demarcate and grant the community title to the borders of the RAAN and RAAS, as colonist mestizo land (Anaya and Crider 1996). farmers converted untitled forestland to agricul- tural cash-crop and livestock operations. This led The decision was a landmark for indigenous rights, to Nicaragua having one of the highest deforesta- in Nicaragua and across the Americas, and paved tion rates in the world; between 1990 and 2010, the the way for indigenous land titling throughout the country lost an average of 70,000 hectares per year, RAAN because it required the state to pass legisla- amounting to more than 30 percent of its forest tion to grant titles to all indigenous groups in the cover in just 20 years. Much of this deforestation country. As a result, the Communal Lands Law was occurred in the RAAN. passed in 2002, followed the next year by legisla- tion that enabled implementation of the titling pro- Since 2007, the titling process has moved quickly; cess, setting the stage for “full recognition of rights by September 2013, more than 2.2 million hectares over communal property.” Actual titling took sev- in the RAAN, RAAS and Jinotega Department had eral more years before it got underway in earnest— been titled, including 15 territories encompassing a when Daniel Ortega’s Sandinista Party returned to total of 216 communities. Titled lands now amount power in 2007, in part because of its alliance with to about half of the region’s total land area. The

10 quick rollout was due to several factors, including 73,394-hectare area in 2008, which includes 73,000 the political importance of recognizing indigenous contiguous hectares plus a 394-hectare parcel territories within the context of the Sandinista alli- known as Tuburus, situated to the north. Believed ance with Yatama. Equally compelling—and often- to be the location where the community’s ances- cited by territorial authorities—is the recognition tors first settled, Tuburus is of great cultural impor- that a lack of clear tenure impedes local develop- tance to the people of Awas Tingni. ment and is a key cause of deforestation in the region. This view is buoyed by the early and posi- A majority of Awas Tingni’s territory is forested, tive results generated by indigenous land titling in although this is changing rapidly due to colonist the Bosawas Reserve, in adjacent Jinotega, where invasions. As with many indigenous groups around deforestation rates are now significantly lower than the world, the people of Awas Tingni rely on the for- in non-titled “protected” forest (Hayes 2008). est for their livelihood. Nearly all households grow the majority of their food. Most agricultural produc- Given that nearly all of the RAAN (and much of the tion is swidden and focused on beans, rice, corn and RAAS) falls under traditional tenure, a large major- plantains, as well as a number of other products that ity of the Atlantic Coast’s forests will eventually be are intercropped and/or introduced during fallow placed under some form of communal ownership. periods when the soil is recovering. Most residents While the extent of the shift is not comparable engage in subsistence farming, and relatively little of to the area currently under indigenous title in what’s grown is sold at market, although local trade the Amazon Basin, for example, the intent to title and barter is common. A small number of families nearly half of Nicaragua’s land area to indigenous also raise cattle. groups is globally significant. Since the vast bulk of Nicaragua’s forest resources is concentrated on Many households in Awas Tingni complement their the Atlantic Coast, it is vital that local communities livelihoods with forest-based hunting, fishing and have the capacity to manage their forests. NTFP collection. Peccary hunting in particular is a communal economic and cultural activity of histori- The Awas Tingni Community cal importance that takes place deep in the forest, goes on for long periods and is strongly tied to Situated along the Wawa River in the RAAN munici- Mayangna spiritual identity. Peccary meat is also an pality of Waspán, the indigenous community of important source of cash from market sales (Acosta Awas Tingni Mayangnais is made up of about 360 2004; University of Arizona College of Law 2003). families, representing approximately 2,100 people. Beyond its indigenous inhabitants, Awas Tingni Like most RAAN communities, Awas Tingni remains also includes an estimated 4,200 mestizo colonists very poor, lacking access to basic services like who are illegally occupying and clearing lands healthcare, education, clean water and electricity. within the community’s territory. Recent years have seen some progress in education and healthcare, and a new project has resulted in Awas Tingni’s customary lands cover an estimated the installation of solar panels, but more than 90 136,000 hectares. After a protracted legal battle percent of its members are still classified as poor by and titling process, it received official title over a

Awas Tingni is home to signficant stands of pine forest Photo by Eugenio Fernández Vázquez

11 the Development Information Institute of Nicaraguan nity judge and the síndico (the common-property (INIDE), and over 60 percent are considered extreme- resources administrator). Although the síndico is ly poor (Mairena et al. 2012). responsible for overseeing transactions relating to forest resources, the creation of a community forest As notable as such economic indicators are, there is enterprise in Awas Tingni introduced a new actor an important wealth of cultural pride and indepen- into the mix—one that has both internal and external dence that is central to community identity. Even legitimacy and powers—to undertake and execute though Miskitu and mestizo groups have surrounded forestry activities. This has complicated forest gover- and increasingly encroach upon Awas Tingni’s lands nance within the community. and traditional livelihoods, the Mayangna of Awas Tingni maintain a strong commitment to conserving The Forest Resource their culture and language (although Miskitu and Spanish are relatively widely spoken). Situated in a humid lowland tropical-subtropical forest area, with high levels of annual precipitation Awas Tingni has a complicated governance structure, (2,600 mm on average), most of Awas Tingi’s 73,000 which attempts to integrate a very strong traditional hectares remains forested. The dominant formation authority with state-recognized agencies, while also is tropical broadleaf evergreen, with diverse multi- incorporating fledgling territorial actors (Peña Gama tiered stands that typically reach 30 to 35 meters and Tamayo Pérez 2009). The organigram below sum- in height and some emergents that reach as high marizes the main actors and positions that make up as 40 meters. A 2000 study of forest composition by the local governance structure. the Centro Agronómico Tropical de Investigación y

Figure 3 Awas Tingni local Territorial Assembly governance structure TERRITORIAL AMASAU COUNCIL HEADMAN COUNCIL OF ELDERS (DITALYANG)

AMASAU INDIGENOUS TERRITORY Office of Administration GOVERNING BOARD OF DIRECTORS and Finance (President, Vice President, Secretary, Treasurer, Tax Advisor, Voting Members) Technical Planning Office

Administrator of common property resources Assistant Judge Legal (Síndico) (Síndico) (Wihta) Counsel

Social Audit Police Health Commission Forest Warden Commission

Indigenous Justice Community Forest Enterprise (Yamaba) Sport and Culture

Women’s Affairs External Relations

Permanent Projects Traditional Medicine

The top decision-making authority is the territorial Enseñanza (CATIE) identified three types of broadleaf assembly, which governs the 73,394 hectares titled stands made up of 126 different species, which are to Awas Tingni Mayangnina Sauni Umani (AMASAU), broadly correlated with soil conditions and slope composed of a committee of traditional elders, the (Pérez Flores et al. 2000). A recent community headman and an elected territorial coun- identified 114 species within the sampled broadleaf cil, as well as the elected members of AMASAU’s forests (DUSA 2013). Pine-dominated woodlands board of directors, who face three-year term limits. cover relatively small areas, with the main species The board coordinates internal community matters being Caribbean pine (Pinus caribaea var. honduren- with traditional authorities such as the commu- sis).

12 Loading sawn- wood for transport to local markets Photo by Eugenio Fernández Vázquez

The most important commercial timber species used but as in much of the RAAN (and the wider economy to be Spanish cedar (Cedrela odorata), mahogany during the Somoza period), nearly all profits from (Swietenia macrophylla), comenegro (Dialium guia- forestry activities went to concessionaires and log- nense) and santa maría (Callophyllum brasiliense). ging companies, with payments made directly to the After decades of commercial harvesting, as well as Nicaraguan state. Awas Tingni community members the impact of Hurricane Felix in 2007 (see page 15), were only involved in logging operations as laborers, much of the Spanish cedar and mahogany have been and production focused on mahogany and Spanish logged (although there is good regeneration in some cedar with no attention to ensuring forest regenera- areas). Presently, the dominant commercial species tion or minimizing impact on forest stands, soils, include cedro macho (Carapa guianensis), comene- water or wildlife. gro, santa maría, guapinol (Hymanea courbaril) and nanciton (Heironyma alchorneoides). Widespread fighting between Sandinista forces and the Contras put a virtual halt to forestry operations A wide range of plant and animal species play impor- through much of the 1980s. But with the peace agree- tant roles in community livelihoods and spiritual ment and a new government in 1990 came the return well-being. From small diameter wood that’s used of concessions. In spite of the autonomy decree and domestically (for fuel, housing and boats) and prod- promises to carry out communal land titling, the cen- ucts such as tuno (Castilla tunu), a type of bark tral government in Managua began to award conces- used for textiles and artisanal goods, to medicinal sions without local consultation or approval. plants, wildlife and NTFPs used for food and trade— the forest is a source of food security and local eco- The extraction of timber resources in Awas Tingni nomic development. Moreover, traditional authori- has been documented since 1990. Table 2 (page 14) ties historically derived their legitimacy from their presents both legal harvests, as well as estimates connection to nature spirits; boundaries were cus- of illegal volumes extracted over the same period tomarily defined by traditional forest uses (such as (which were calculated based on interviews with offi- the communal hunt); and local oral history still fea- cials who had local oversight, as well as through a tures strong references to sacred forest sites such as review of control and payment documentation). hilltops, burial grounds and hunting camps (Acosta 2004; University of Arizona College of Law 2003). The first company to undertake timber extraction on Awas Tingni land after autonomy was MADENSA History of Commercial Forestry (Maderas y Derivados de Nicaragua, S.A.), a pri- vate firm with Dominican financing and ties to the Awas Tingni’s forests have long attracted commercial Sandinista leadership. In 1992, the company began interest because the territory is crisscrossed by a carrying out operations in Awas Tingni under a tem- series of rivers, which facilitate timber extraction porary permit issued by the Nicaraguan Ministry of and transport to existing roads and minimize the Natural Resources and the Environment (MARENA). need for road construction—generally the costliest Using local community members as paid labor, part of forestry operations and maintenance. MADENSA removed 1,500 m3 and began to develop a management plan for a 43,000-hectare area. When There is little documentation of logging in Awas the plan was finished and awaiting MARENA’s Tingni’s forests before the Nicaraguan Revolution, approval, MADENSA signed an agreement with

13 Table 2 Authorized Volume Estimated Illegal Estimated Total Removal Legal and esti- Year Harvest (m3) Volume Extracted (m3) (m3) mated illegal timber harvesting 1990 0 2,350 2,350.00 in Awas Tingni (1990-2014) 1991 0 2,125 2,125.00 1992 1,500.00 505 2,005.00 1993 0 2,600 2,600.00 1994 2,242.92 1,500 3,742.92 1995 4,186.79 2,000 6,186.79 1996 5,233.49 1,300 6,533.49 1997 4,784.91 1,600 6,384.91 1998 4,186.79 1,700 5,886.79 1999 1,794.34 1,400 3,194.34 2000 0 1,415 1,415.00 2001 0 1,180 1,180.00 2002 0 2,500 2,500.00 2003 0 1,900 1,900.00 2004 0 1,650 1,650.00 2005 0 2,000 2,000.00 2006 482.78 1,650 2,132.78 2007 77.75 1,415 1,492.75 2008 859.79 2,000 2,859.79 2009 224.29 2,125 2,349.29 2010 5,002.48 2,350 7,352.48 2011 9,113.42 1,885 10,998.42 2012 928.30 1,770 2,698.30 2013 468.02 1,650 2,118.02 2014 560.45 N/A 560.45

TOTAL 41,646.52 42,570.00 84,216.52

community leaders that promised to follow sustain- ment of a community cooperative to manage forestry able forestry principles, employ local community activities. Dubbed the Forest Workers Cooperative members and pay stumpage fees to the community. (COTRAFOR in Spanish), this group was responsible Signed in 1993, this agreement was to be valid for 25 for overseeing contracts with MADENSA, monitoring years. the payment of workers and compliance with opera- tional plans, negotiating stumpage fees to the com- With the intervention of WWF and the University of munity and managing the use of benefits. Iowa, however, the community embarked on a pro- cess to annul and then renegotiate the agreement so Despite the good faith demonstrated by MADENSA in that it would be more favorable. After more than a its negotiations, shortly after MADENSA was to begin year of negotiations, a new five-year agreement was operations the Nicaraguan government granted a for- reached (Anaya and Crider 1996) under which clear- estry concession to SOLCARSA (Sol del Caribe, S.A., er powers were granted to Awas Tingni with respect a firm backed by Korean capital) on other forest- to forestry operations, worker rights and benefit- lands that were part the community’s ancestral ten- sharing. Critically, all parties agreed to treat the area ure. This concession was signed without consulting under management as if it were owned by the com- the community or the regional government, which munity until lands could be demarcated and titled. ultimately led to the court case that was brought before the CIDH. Another important development was the establish- 14 Operations continued until 2000 under the agree- ment with MADENSA, and negotiations to renew and Hurricane Felix possibly extend the five-year contract were begun, as seen from but it became impossible to sign a tripartite agree- the International ment at the height of the community’s battle with Space Station the government over land claims. Without an accord, Photo by MADENSA chose to stop working in Awas Tingni. NASA Following the 2001 CIDH decision, the community focused on titling its lands—which it did not achieve until 2008—and in the interim, no timber-extraction agreements were reached with outside companies, meaning that there was no approved commercial harvesting from 2000 through 2006. Unauthorized extraction, however, did take place, the result of agreements between síndicos and local traders— Hurricane Felix which fostered the case to establish a local, legal and professional body to oversee forest management and On September 4, 2007, Felix, a Category 5 contracts. hurricane, made landfall in the RAAN, just south of the Honduran border, packing winds Cooperative Organization and Enterprise Development of over 160 mph. The storm caused more than 130 deaths, destroyed over 20,000 homes and Over the past 20 years, a central issue in Awas left the region with an estimated $700 million in Tingni’s forest history has been the establishment of damage. More than 1.1 million hectares of for- a formal legal body, made up of community represen- est in the RAAN were affected, with many areas tatives, to handle forestry activities and enterprise suffering near-total blow-down, an esti- development. The first attempt to create such a mated 10 million m3 of wood, which was valued body began in the 1990s with COTRAFOR, but the at over $500 million. All of Awas Tingni’s forest cooperative was dissolved in 2000 when MADENSA area was affected, nearly a third of which suf- stopped sourcing from Awas Tingni. With the com- fered up to 70 percent blow-down. pany’s exit, the community negotiated no new formal agreements with outside firms until the entry of In the wake of Felix, Daniel Ortega’s govern- MAPINIICSA (see box at right). According to inter- ment suspended all commercial forestry views, the way that timber harvesting and sales were extraction in the RAAN to focus on reconstruc- conducted from 2000 to 2006 engendered conflict. tion and avoid an influx of timber traders at a time when it would have been difficult After Hurricane Felix, a number of allied initiatives to ensure effective control of salvage activi- across the RAAN focused on establishing new coop- ties. The ban was lifted toward the end of eratives or strengthening existing ones. As the nego- 2007, allowing certain corporate-community tiations began in 2007, a new cooperative was being alliances to engage in salvage operations. formalized involving several community leaders who Reconstruction needs were the priority, and had been involved in activities during the MADENSA only value-added products could be exported. period. Dubbed Yamaba, the new cooperative was founded in 2008 and gained legal recognition in Awas Tingni was one of the few communities in December of that year. the RAAN with a history of organized forestry, and recognizing both the benefit of salvage Although the initial intent had been to ensure that operations and the risk of leaving so much each family was represented in the cooperative, downed material in the forest, it sought to Yamaba was made up of 28 members at its founding form commercial alliances with outside firms (all of whom were community members). Over the to carry out salvage work. The first such alli- next two years, a number of groups (including the ance was with North American Wood Products Rainforest Alliance) provided Yamaba members with (NAWPI), a Gibson Guitars supplier. Because training focused on: (1) the legal basis for coopera- of the lack of working capital and a range of tives in Nicaragua, (2) organizational and internal bureaucratic delays and internal problems (see management, (3) the potential for value-added forest next page), the community was unable to meet enterprise in Awas Tingni and (4) the role of coop- NAWPI’s order. The wood that was ultimately eratives in wider community development efforts. harvested and processed for NAWPI was of Visits were also organized with community represen- poor quality and was sold on the local market tatives in Petén, Guatemala—a model for community instead. On the heels of this experience, the forestry in the region. Nicaraguan firm Maderas Preciosas Indígenas e Industriales de Nicaragua, S.A. (MAPINIICSA) At its founding, one of Yamaba’s guiding goals was to signed a formal agreement with Awas Tingni in attain the working capital and physical assets neces- 2009. Salvage operations proceeded that same sary to increase its role in forest planning and opera- year and intensified until 2011. A major driver tions, as well as to add value to production activities. of this partnership was the promise to deliver The cooperative was supported in preparing a pro- a certified product. posal to the United Nations Development Programme

15 (UNDP) to obtain financing for operations and sal- vaged-. Ultimately, Yamaba received a UNDP grant of $250,000 to support the purchase of a tractor, chainsaws, motorcycles, office equipment and a fully equipped carpentry workshop.

Following Hurricane Felix, the Nicaraguan govern- ment provided Yamaba with a mobile sawmill, as well as permits for harvesting and a secure market for with MAPINIICSA. When coupled with interest from a supplier to a North American guitar company, the cooperative was clearly poised to embark on forest enterprise development. Despite these conditions, a range of issues conspired to Controlled Wood Certification in Awas Tingni hinder the operation from achieving its potential. Previous UNDP-funded efforts to rebuild 82 houses In 2010, an FSC Controlled Wood (CW) cer- in Awas Tingni had foundered—only two were built tificate was issued, covering 52,887 hectares, and the remaining funds disappeared—so this time including the entire area under the MADENSA- around, UNDP funds had to be directed to recon- elaborated management plan. The group certif- struction as a precondition for the disbursement of icate, which was held by a RAAN-based multi- financing. service cooperative called Aikuki Wal, also covered 10,000 hectares in the neighboring Attention to these matters and conflict over priori- community of El Naranjal. The impetus for pur- ties led to a lack of follow-through on the harvesting suing certification was MAPINIICSA’s demand work that was needed to comply with existing pur- that the salvage wood harvested in the RAAN chase orders. A poor-quality product was also late be verifiably sourced from a legal operation. in arriving and negatively affected Yamaba’s com- At the time, MAPINIICSA had already achieved mercial relations with the guitar-part supplier and FSC Chain-of-Custody certification and was MAPINIICSA. These shortcomings gave rise to ten- interested in CW certification to complement sions between the cooperative and community lead- its FSC sources. Achieving CW certification ers, ultimately resulting in a split between Yamaba required a great deal of investment and com- and community leaders in charge of forestry. In 2010, munity support, which could have laid the even as post-Felix downed wood continued to be sal- groundwork for progress towards full FSC cer- vaged, two different operational plans were approved tification. Ultimately, however, MAPINIICSA’s for separate parcels in Awas Tingni’s forests: one run demand was not strong enough to cover the by the síndico and the other by Yamaba. costs of maintaining the CW certificate; the lat- Yamaba Cooperative Structure, Policies and ter was suspended during the 2011 audit and Development formally terminated in 2012. That same year, a foreign firm tried to take over MAPINIICSA’s Made up of 28 members, Yamaba is overseen by operations in Nicaragua. Although the deal a general assembly and a board of directors (also eventually fell through, uncertainty about the known as an administrative council). The board has company’s business plan conspired with other five members and provides oversight of enterprise difficulties to end the commercial relationship activities in concert with a three-member compliance with Awas Tingni. committee. Yamaba is legally recognized, certified by the National Institute for Cooperatives Development In the spring of 2013, a new company called (INFOCOOP) and registered in the General Incomes DUSA, S.A. began negotiating with Awas Tingni Directorate. Yamaba’s accountant is currently its to carry out forest harvesting on community only paid employee, and leadership positions have land. MADENSA’s original management plan two-year term limits. Since its founding, Yamaba has was updated, and a specific labor and benefit- completed one cycle and held a second round of sharing agreement was negotiated between elections. DUSA and the community. Despite DUSA’s vow to contract the community cooperative, most Yamaba’s detailed bylaws are to be regularly of the forestry work was ultimately carried out reviewed and presented to its members. Under the by external parties that the company hired, bylaws, the cooperative is also required to pres- and the benefits to community stakeholders ent details of its activities, costs and earnings to have been limited. Though DUSA professed its the community assembly on an annual basis. The willingness to support sustainable forestry, the regularity of this reporting and the level of detail pro- partnership has thus far failed to catalyze com- vided have varied. The bylaws state that the follow- munity enterprise in Awas Tingni. ing expenses should be deducted from gross sales earnings:

a. The cost of advances incurred during operations, both in cash and in kind

16 ments following timber sales. For example, each Livelihoods in the member received 1,000 córdobas (about US $45) in RAAN are tied cash in 2011, the year in which Awas Tingni’s forests closely to natural produced its largest harvest volume. In addition to resources the cash payouts, members also received reimburse- Photo by Eugenio Fernández ments for travel and other expenses incurred as part Vázquez of doing business (e.g., trips to Puerto Cabezas, etc.).

While investments in community development are a fundamental element in ensuring broad-based sup- port for forestry activities, Yamaba’s bylaws lack clarity on the matter. Under the cooperatives law, Yamaba is required to contribute part of its income to community development because it derives bene- fits from a common property resource, but its bylaws b. The cost of administering the cooperative do not prescribe a percentage. c. The cost of covering previous losses and/or debts In practice, whenever sales have been undertaken, a portion of the benefits have indeed gone to commu- The balance is to be considered net profit. Of this nity projects, but the amount has been determined balance, the following deductions are to be made: on an ad hoc basis, in conjunction with community a. 10 percent for the legal reserve (a fund that leaders. In past years, investments have included covers potential future losses) paying teachers, renovating a local church and pro- viding cash support to the old and infirm, and the b. 10 percent for internal cooperative education costs have been split between Yamaba and other and promotion (a fund for capacity building) community funds. Yamaba’s commitments have averaged 40 percent of the earnings it derived from c. 10 percent for enterprise reinvestment sales, and payments have been made irrespective of whether or not the enterprise turned a profit. d. Two percent for the application authority Since its founding, Yamaba has sought to become A portion of the balance is to be distributed among a self-sustaining body and has demonstrated the Yamaba members but the bylaws do not specify how capacity to run its own affairs—from forest planning this should be undertaken and offer no fixed policy and operations, to value-added processing, market- on dividends. Even though the enterprise has yet ing and sales. The cooperative has been supported to turn a true profit, members have received pay- in the development of investment and business

Approx. value (USD, including Table 3 Asset estimated depreciation) Principal use Yamaba assets (2014) Tractor 6,230 Forest harvesting

Sawmill 12,840 Primary processing

Carpentry equipment (table 56,075 Secondary and value-added pro- saw, planer, drill press, com- cessing pressor, etc.)

Misc. operations equipment 3,900 Supporting field operations, pro- (hand tools, vice, ladders, gen- cessing and administrative needs erators, etc.)

Office hardware (computer, 930 Enterprise office administration tables, chairs, files, etc.)

Office unit and other buildings 5,550 Building with two offices, ware- house and carpentry workshop

Total 85,525

17 Table 4 Technical assistance No. of No. Rainforest Alliance area Detail events trained technical training (2008-2014) Forest management • Basic concepts in forest management 13 222 and operations • Forest inventory and operations planning • Reduced impact logging techniques • Forest harvesting permitting procedures

Primary and secondary • Best practices in chainsaw primary processing 9 123 processing • Quality control for sawmill operations • Registration and monitoring of primary and secondary processing yields • Cost control and monitoring

Certification • Basic concepts in sustainable forestry and certification 10 104 • Group certification options • Chain-of-custody certification

Enterprise organization • Legal foundation and obligations of forest cooperatives 15 290 • Basic concepts in cooperativism • Forest enterprise organization and functions • Strategic and operational planning • Leadership and coordination with internal and external actors

• Basic concepts in enterprise administration 12 184 Business administration • Financial management and accounting • Personnel contracting and management • Cost controls and price structuring • Contracts • Retention and management of third-party services

• Finance mechanisms for community forestry operations 12 266 Markets and finance • Regulatory requirements for timber marketing • Negotiating and managing buyer contracts

TOTAL 71 1,189

plans, and houses the infrastructure necessary to • Primary processing function as an enterprise. The cooperative’s cur- rent assets are shown in Table 3. (Most assets were • Secondary processing for value-added production acquired as a result of the 2009 UNDP grant.) • Certification Technical assistance and training have been tied to these investments and are a core piece of the sup- • Enterprise organization and management port Yamaba has received since its founding. Three • Business administration skills agencies in particular—UNDP, Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ) and the During the four-year period analyzed in this study, Rainforest Alliance—have worked together on capac- 71 formal workshops and training events were ity building, although optimal coordination has at held, which drew a total of 1,189 participants. (This times been hindered by each organization’s differing includes double counting, as many people attended objectives. multiple trainings.) Approximately one third were women. Members of the Awas Tingni community Rainforest Alliance Technical Assistance who were not Yamaba members were also invited to In 2006, the Rainforest Alliance began offering assis- participate in technical assistance events. tance to community forestry operations and SMEs Initially, the Rainforest Alliance’s support was heav- in Nicaragua, with a particular focus on the RAAN. ily focused on forest work, certification and market Work with the Awas Tingni community began in late linkages. Much of the support—particularly after 2007, shortly after Hurricane Felix. Over a period of Felix and before the launch of the IDB/MIF project nearly seven years, the Rainforest Alliance’s techni- in 2010—was driven by the community-company cal assistance has focused on the following areas: alliances described earlier and the need to focus on • Best practices in forest harvesting harvesting, processing and sales.

18 With the start of the IDB/MIF project, the focus external support. Once trained in the application shifted to strengthening Yamaba’s internal capaci- of the autodiagnostic, enterprises can use the tool ties and processes while still supporting market themselves to track their progress over time. linkages. This included training Yamaba members in the application and analysis of an “autodiagnostic” Assessment of Results tool. Applied in the majority of the Latin American community operations supported by the Rainforest Partly as the result of technical assistance, there Alliance, the tool helps to track enterprise develop- have been several important changes in key indica- ment in the following key areas: tors.

• Legal compliance Several factors complicate a standard “before-and- after” analysis of the data in Table 5. First is the • Participation post-Felix context in which Yamaba was operating. • Administrative capacities The same harvest coupe was entered during all four years of operations; harvest permits were deter- • Financial management and accounting mined more by community capacity and demand • Value-added production and marketing than by sustainable management precepts. As the extent of downed material and industry demand • Credit became clear, the government issued two different • Finance harvest permits, both covering a two-year period. • Solvency Because these were salvage operations, harvesting costs were considerably lower than they would’ve By evaluating their development according to a been during a normal year, and the species and range of indicators and using a four-point scale to volumes that could be harvested faced fewer restric- score performance against defined benchmarks, tions. enterprises obtain a detailed qualitative and quan- titative picture of their current operations. The tool Another major factor is the changing nature of for- indicates areas where improvement is necessary, estry operations in the community. When Yamaba which helps with prioritizing internal efforts and began operations, it sought a wide range of buyers

Year Table 5 Indicator Notes Changes in key 2009 2010 2011 2012 2013 2014 indicators (2009 - 2014) Harvest area 850 850 850 850 - - 2009-12: Same harvest compart- (ha) ment, salvage operations; 2013-14: DUSA operation with síndico, Yamaba contracted for processing

Allowable cut 3,660 3,660 8,714 8,714 - - 2010 and 2012 harvests were renew- 3 als of previous year’s annual plans; (m ) 2013-14: DUSA operation with síndico, Yamaba contracted for processing

Harvested 142 - 3,990 - - - 2010 volume forwarded to 2011 volume (m3) operational plan; 2012-14: no harvesting by Yamaba

Spp. Cedro macho N/A Cedro N/A N/A Cedro macho 2009: CITES-listed spp. legally harvested Granadillo macho Santa maría harvested as salvage; 2014: DUSA Mahogany order for diversity of lower-grade Cortez species Guapinol

Products sold Rough-cut N/A N/A Semi- N/A Semi-processed 2011 harvest processed in 2012; blocks processed blocks 2014 operations via service con- tract with síndico blocks

Processing 42 N/A 44 48 N/A 54 2014 operations via service con- yield (%) tract with síndico

Jobs 90 - 43 - 26 65 Jobs include forestry operations generated and processing; 2013: jobs generated

Sale price 0.46 N/A 1.0 N/A N/A 0.30 (US $/bf)

19 Improvements It is also worth noting two other areas of significant were realized change (even though the Rainforest Alliance had through technical little to do with them). The first relates to production training in wood volumes, which in 2010 (when Yamaba reached agree- processing ment with MAPINIICSA) peaked to such an extent that Photo by the previous year’s quota was brought forward and Sergio Sanchez added to the 2010 permit. (The bureaucratic tangle that required such a step later caused a substantial slowdown in the permitting process.) Since 2012, however, Yamaba has not been actively engaged in harvesting. This reflects the split between the com- munity and Yamaba that began in 2010 and reached a new level of disarticulation when DUSA entered the picture. The newest agreement with DUSA, reached via the síndico, has Yamaba providing labor and pro- cessing harvested wood.

The second area of change relates to species mix. In 2009, a greater mix was sold to Cámara de Artesanos and worked to undertake activities all along the y Muebleros de Nicaragua (CAMANIC), a collective value chain—from inventory and harvesting to pro- of small furniture makers in Masaya, than when the cessing. But when Yamaba finalized its contract with buyer was MAPINIICSA (a large firm). CAMANIC’s MAPINIICSA, the company took over a large share assorted producers could absorb a more diverse of forestry operations, assuming most of the costs species mix than larger buyers who had different pri- and paying the community and Yamaba a fixed price orities. In 2014, a more significant number of species (per cubic meter) for logs delivered to first landing. was harvested, reflecting the diversified markets in With the arrival of DUSA, Yamaba’s role was further which DUSA was already active or planning to pen- reduced to “service provider,” processing wood har- etrate, including China. While a broader species mix vested by the company through a contract negoti- is usually good for forest management, the benefits ated with Awas Tingni’s communal authorities. Given that could be accrued through value-added process- the highly variable roles that Yamaba played, it is ing were largely foregone because a majority of sales difficult to analyze changes over time. involved roundwood.

These caveats notwithstanding, the Rainforest The continual application of the Rainforest Alliance’s Alliance’s support brought about significant change autodiagnostic also revealed a troubling trend in in two areas. The first was in processing yields, Awas Tingni—and with Yamaba in particular. The tool which have improved over time, from 42 percent was applied in 2011, after a year of assistance under to 54 percent. Rainforest Alliance training in milling the IDB/MIF project, as well as in each subsequent techniques for primary and secondary transforma- year. In 2011, Yamaba scored 35 percent. Legal com- tion have made this a priority, reducing waste during pliance, administrative capacities, production, value- and after felling and bucking operations, as well as added processing and access to credit were identified ensuring quality and safety during milling operations as core areas for improvement. The results of this in the forest and the mill. With greater capitalization, analysis guided the Rainforest Alliance’s subsequent reinvestment, increased technical capacity and more technical assistance. When the tool was reapplied the diversified markets, Yamaba could achieve even bet- next two years, it showed notable gains in legal com- ter yields as it deploys new technologies for trans- pliance, participation and administrative capacity, port and primary processing. with Yamaba’s score jumping to 44 percent in 2013.

The second area with notable impacts was sale price. When the tool was reapplied in June 2014, however, In several trainings, the Rainforest Alliance focused the overall score plummeted to 11 percent, with on the enterprise’s capacity to negotiate with buy- significant drops in all eight areas of focus. These set- ers to win a better price. The negotiation process for backs were the result of several dynamics. First and 2012 sales was aided by the promise of a value-added foremost, Yamaba’s decreased involvement in forest product (from rough-cut to semi-processed blocks) management, harvesting and sales discouraged mem- and delivery to Managua, which resulted in a unit bers from investing time and energy in developing sale price of US $1 per board foot, more than double the cooperative. Second, territorial and RAAN-level than what Yamaba had earned before. Although elections further complicated relations within the transport costs were significant, this price resulted cooperative and between Yamaba and communal in higher income for the cooperative. However, the authorities, leading to decreased participation and trend did not continue in 2013 when the community failure to comply with several requirements in the sold its roundwood at first landing, with no process- cooperative’s bylaws, including the renewal of its ing done by Yamaba. Despite Yamaba’s involvement, legal registration, leadership rotation and reporting the price paid per board foot in 2014 dropped signifi- to the community assembly. Finally, conflictive nego- cantly, to US $0.30, reflecting the lack of aggressive tiations with DUSA marginalized Yamaba and resulted negotiating with MAPINIICSA and the fact that the in further erosion of interest in enterprise develop- point of sale was within the community. ment. 20 Forest resources and services are critical to the future of Awas Tingni Photo by Eugenio Fernández Vázquez

Lessons Learned rivalries at various levels.

This section examines the development of commu- Meanwhile, sustainable management remains a sec- nity forestry in Awas Tingni and reflects on lessons ondary priority, as it has for years. The considerable learned from several years of technical assistance, time and effort invested in winning territorial rights leading to various recommendations (see page 24). produced a pause in forestry development, which has had lasting impacts. Given the complications Tenure versus Agency with MADENSA, SOLCARSA and government actors during the 1990s, it’s understandable that the com- One of the cornerstones of community forestry is munity opted to cease formal agreements with for- that clear and enforceable tenure rights are a pre- estry companies, but even without these agreements condition for the successful development of locally or authorized harvesting, timber extraction and sales driven forestry enterprises. As this study makes have continued illegally, under the auspices of the clear, the community of Awas Tingni invested heav- síndico and other community leaders. ily in staking its claim to ancestral lands and secur- ing permanent title to them. From its battle in the As is typical of such arrangements, these operations Nicaraguan courts and the CIDH decision, to the underwent few checks and have reportedly gener- passage of land-titling legislation and the formal rec- ated limited benefits for the community. Moreover, ognition of community lands, the community’s work with the closure of MADENSA’s contract in 2000, to establish tenure rights was very important and COTRAFOR (the first community cooperative) was arguably set in motion the process of indigenous dissolved, and collective enterprise was not attempt- land titling that is sweeping the Atlantic Coast. ed again for eight years, until Yamaba’s founding. In the interim, a less representative way of doing busi- It is, however, increasingly clear that titling has not ness became entrenched, and the work of promoting slowed deforestation in Awas Tingni. AMASAU lead- “cooperativism” has faced significant resistance from ership estimates that most of the territory is now internal and external interests that benefit from busi- occupied by colonists. Although spatial analysis ness as usual. was not undertaken for this study, community lead- ers estimate that Awas Tingni is losing more than Such evidence indicates that achieving tenure secu- 500 hectares of forest annually to conversion by rity, while clearly important, will not singlehandedly colonists, which raises questions about the future correct fundamental social and institutional arrange- of forestry in the community and undermines the ments that hinder transparent community control hypothesis that granting tenure rights will necessar- over natural resources and equitable benefit-sharing. ily slow deforestation. As Larson and Lewis-Mendoza (2012) noted (in refer- ence to the RAAN), despite decentralization and the Authors like Hayes (2008) have asserted that in titling process, external actors often maintain control Nicaragua the titling of communal lands to indig- over natural resources, while communities still lack enous groups results in much lower levels of conver- decision-making authority over their territories. To sion and decreases in land sales to mestizos, but address this continuing problem, they argue, com- this does not appear to be the case in Awas Tingni. munity leaders must be further empowered to under- More important than tenure alone is a community’s stand their capacity to negotiate. This case study, political and economic wherewithal to defend its however, makes clear that other internal capacity- land rights, not to mention state support for this building processes are also needed to ensure that process. These elements are currently lacking in power centers within the community avoid under- Awas Tingni, where efforts to control invasions are mining decision-making when it is in the interest of being hampered by internal conflicts and political the collective good.

21 Social Cohesion and Internal Governance Agreements plan, and restart forest planning and management in a way that is truly participatory, driven by local The most critical issue raised by this analysis of objectives and appropriate to the community’s Awas Tingni’s forestry activities is a continuing lack wider land-use dynamics and forest resource needs. of social cohesion. Disarticulation between the community and Yamaba (its commercial arm) has Enterprise Vision and Capacity severely hindered progress on numerous fronts. The existence of two competing forest management Over the past five years, Awas Tingni has made authorities has become an untenable situation important advances in establishing Yamaba, legally given that Awas Tingni’s forests are a common registering the enterprise and building its capaci- property resource and that both of these entities ties in value-added processing, business adminis- are required to serve the collective interest. The tration and marketing. Clear improvements have division impedes the ability to move forward with been made—most notably with respect to buyer a single approach to forest management and enter- negotiations and the use of value-added processing prise development. to generate increased income. However, competi- tion with the síndico-run operation has undermined It is highly inefficient to have two forestry opera- Yamaba’s ability to articulate a unified vision, which tions in the same community and creates problems has resulted in an emphasis on short-term payoffs around forest planning, harvest permitting, opera- over long-range planning, reinvestment and devel- tional matters, worker issues and benefit-sharing opment. arrangements. Moreover, it complicates commu- nity dealings with companies and other external In addition to the disarticulation between Yamaba actors, a fact that became abundantly clear as both and the síndico-run operation, another issue that MAPINIICSA and DUSA manipulated—and then was often mentioned during interviews was the suffered from having to negotiate and renegotiate challenge of undertaking enterprise development with—both the síndico and Yamaba, leading to con- when the very concept is at odds with traditional fusion and conflict. In the case of MAPINIICSA, the values or indigenous world views (commonly complications played an important role in the com- called cosmovisión in Spanish). This echoes the pany’s decision to stop sourcing from Awas Tingni. sentiments of indigenous stakeholders in various geographies where the Rainforest Alliance has Community-owned, Integrated Sustainable Forest worked. While this argument has sometimes been Management used to excuse mismanagement and fraud, it is also clear that no traditional institutions approxi- Despite the major changes that have taken place mate Yamaba’s stated objectives nor its proposed in Awas Tingni over the past 20 years and invest- approach to business administration and develop- ments from a range of agencies, the MADENSA- ment. drafted forest management plan that was approved in 1992 remains the basis for the community’s To address this issue—which is of particular impor- forestry activities. Although the plan was recently tance in communities such as Awas Tingni, where updated by DUSA, is now approved through 2032 the conservation of traditional culture is essen- and includes the first comprehensive assessment tial—those involved need to find a way to articulate of downed wood volumes across the forest man- a vision for enterprise development that is more agement unit, it still focuses exclusively on timber in line with a traditional indigenous world view. harvesting for industry sales, with limited reference The findings of the case study on Moskibatana in to community uses, wildlife habitat, NTFP manage- Honduras (the second study produced as part of ment and conservation. this series) are particularly relevant.

Particularly notable is the plan’s failure to embed Markets, Diversification, Value-added Production and itself in wider community land-use dynamics—a Certification result of its first iteration, which predates the titling process, though the updated plan makes no refer- Table 5 (see page 19) demonstrates the difference ence to a broader land-use vision or the impacts of in species harvested from year to year. While the management on forest uses. Moreover, the present mix is not indicative of what could be achieved in plan pays little attention to measures that ensure future years (several are CITES-listed and could local participation in decision-making, and there only be harvested because these were salvage is scant mention of employment opportunities for operations), buyer demand is a key factor. In community members. Although it includes esti- domestic markets, small buyers can often substi- mated income from timber sales, no mechanism is tute one species for another and experiment with advanced to ensure company compliance, nor does new products—which makes them more flexible it address benefit-sharing within the community. than larger industrial concerns. Larger buyers have And the specific agreement between the commu- tended to be more interested in single species, and nity and the company has yet to be finalized, even their production is typically more homogenized. though operations have begun. They are also more likely to have a preference for roundwood because they already have their own The community’s clear legal tenure provides an processing infrastructure, which limits value-added important opportunity to revise or even nullify the production opportunities for local producers.

22 Forestry activities still have the potential to contribute to community livelihoods in Awas Tingni Photo by Eugenio Fernández Vázquez

This is not to say that larger buyers should be Without such capital, Yamaba is forced to seek rejected—clearly, there are advantages to such advances to undertake its operations on an annual sales agreements, especially when authorized basis. This is a familiar scourge for small and removals are large, and local producers lack the community-run forestry operations, which traps capacity to deliver a quality value-added prod- them in a vicious cycle of compromise. Annual uct. However, there are economic and ecological planning, permitting, harvesting and processing are advantages to working with smaller buyers because all carried out with advances from buyers—typical- they have the interest and ability to absorb a more ly middlemen—which then undermines the cooper- diverse species mix and often demand a product ative’s bargaining position during price negotiations that is at least semi-processed. To the extent that and can quickly lead to debt. Yamaba is able to diversify its buyer base, it may be in the community’s interest to do so, while still A focus of the Rainforest Alliance’s work in the maintaining larger buyers. Latin American region has been to design and launch financing mechanisms aimed specifically Certification can also play a key role. Awas Tingni’s at community enterprises. Although these mecha- experience with CW certification was not a success- nisms are complicated and involve risk, other ful one, mainly because commercial relations with community-run operations (e.g., FORESCOM’s sec- MAPINIICSA were complicated by other issues, and ond-tier business in Guatemala’s Maya Biosphere the attempt to reduce producer costs and achieve Reserve, etc.) have found them to be transforma- scale for MAPINIICSA’s initial demands made the tive—when paired with training and technical process of addressing and financing certification support—and have become a priority for future requirements much more difficult. Still, the prog- assistance. ress made on this front could be used as the basis for working toward certification as part of a wider A House of Cards strategy of diversified market-based planning and community-driven forest management. All earlier reflections are secondary to the need to re-launch a socially cohesive forest enterprise that Reinvestment and Access to Finance is based on a collectively driven forest management plan. Without a strong social and institutional foun- It has been a challenge to comply with the coopera- dation, all of the advances to date—Awas Tingni’s tive’s reinvestment goals. Although Yamaba earned successful land-rights struggle, the considerable substantial profits, these gains were used to pay investments made in support of forestry initiatives off debts to staff and distribute dividend payments. and the positive impacts of technical assistance— The rest was invested in social development, as add up to a house of cards that is in danger of col- set forth in the Cooperatives Law. In spite of clear lapse. provisions in its bylaws, Yamaba hasn’t reinvested gains to capitalize the enterprise.

23 The next genera- the plan’s forest-inventory data and allow- tion of Mayangna able harvest volumes should be re-evaluated. in Awas Tingni Moreover, the resulting document should can benefit from reflect long-range community objectives for sustainable integrated forest management—including bio- forestry diversity conservation and traditional values— Photo by within the broader context of Awas Tingni’s Eugenio Fernández Vázquez land-use and development goals. 4. Once an updated, community-driven forest management plan and a single forest enter- prise are in place, Awas Tingni should move to diversify production of harvested species and value-added products. This should be done by expanding market linkages to a greater range of domestic and international buyers and developing a marketing strategy that is grounded in a long-range vision and invest- ment plan for community enterprise develop- ment. Building on the important progress that has already been made in Awas Tingni, the community should once again work towards Recommendations FSC certification, which will provide new mar- ket opportunities while also ensuring compli- The following recommendations are made to guide ance with sustainable forestry practices. the development of community forestry and enter- prise in Awas Tingni: 5. Once the cooperative has articulated a clear vision for the development of a unified enter- 1. A community-cooperative compact should prise, it should begin building capacity and be reached, articulating a clear arrangement working with external partners to access between Yamaba and Awas Tingni’s territorial financing. While Yamaba already has a sig- and community leadership, mandating a single nificant physical infrastructure and assets for forestry operation. The compact should indi- value-added production, and could reinvest cate Yamaba’s place in the overall community its profits so that it no longer has to rely on and territorial governance structure, laying advances, a loan could catalyze a cultural shift out the roles, rights and responsibilities of towards a more business-oriented model. the síndico, the cooperative and other actors when it comes to forest planning, operations, 6. The community should continue to cooperate business administration and benefit-sharing. with outside agencies that provide capacity- There must be collective agreement—derived building assistance. As much as community from a participatory process involving the wid- independence and financial sustainability est possible base of community stakeholders— should guide every step outlined above, it is that spells out decision-making authority and clear that Awas Tingni will need continued transparency measures in each area of forest support if it is to undertake such a major administration. reinvention of its forestry activities. It will be essential for external agencies to focus on 2. Expand Yamaba’s membership to make it more community priorities and plan work jointly representative—ideally including members of with other organizations to complement each household in the community. This will project investments. There is a strong need require a revision of the cooperative’s bylaws. for continuity in technical assistance and for the work to focus on foundational social and 3. As part of a participatory, locally led land-use organizational issues. While hard targets often planning process, revise Awas Tingni’s for- guide the planning of indicators for forest man- est management plan, based on alternatives agement, sales and processing, future techni- stipulated in the AMASAU land-titling process. cal assistance needs to build in an even stron- While the existing, updated version of the ger focus on supporting socio-organizational MADENSA plan can be used as a starting point, processes and capacity building.

24 annex i References

Acosta, M.L. 2004. El derecho de los pueblos indíge- Mairena, E., Lorio, G., Hernández, X., Wilson, C., nas al aprovechamiento sostenible de sus bosques: Müller, P. and A.M. Larson. 2012. Gender and forests El caso de la comunidad Mayangna (Sumo) de in Nicaragua’s indigenous territories: From national Awas Tingni. Managua: Universidad de las Regiones policy to local practice. Working Paper 95. CIFOR, Autónomas de la Costa Caribe Nicaragüense. Bogor, Indonesia.

Anaya, S. J. and S.T. Crider. 1996. Indigenous peoples, Peña Gama, O.A. and A.I. Tamayo Pérez. 2009. the environment and commercial forestry in devel- Awastingni ha soñado una visión para una larga vida. oping countries: the case of Awas Tingni, Nicaragua. Antígona/Almáciga: Madrid. Human Rights Quarterly 18(2): 345-367. Pérez Flores, A., Finegan, B., Delgado, D. and B. Christie, P., Bradford, D., Garth, R., Gonzalez, B., Louman. 2000. Composición y diversidad de los Hostetler, M., Morales, O., Rigby, R., Simmons, B., bosques de la Región Autónoma del Atlántico Norte Tmkam E., Vega, G., Vemooy, R. and N. White. 2000. de Nicaragua: una base para el manejo sostenible. Taking care of what we have: participatory natural Revista forestal centroamericana No. 34. CATIE: resource management on the Caribbean Coast of Turrialba. Nicaragua. CIDCA/IDRC: Managua. Thompson, H. 1999. Pueblos indígenas y bosques en DUSA. 2013. Actualización de plan general de Nicaragua. CEDUPAZ: Managua. manejo forestal en bosque latifoliado de la comu- nidad indígena Mayangna Awas Tingni (AMASAU) University of Arizona College of Law. 2003. Resumen del municipio de Waspán, RAAN, Nicaragua. del estudio Diagnóstico de tenencia y uso de la tierra Unpublished document. de la comunidad Mayangna de Awas Tingni (RAAN). ALISTAR-Nicaragua and CIDCA-UCA. University of Hayes, T.M. 2008. The robustness of indigenous Arizona College of Law: Tucson. common-property systems to frontier expansion: institutional interplay in the Mosquitia forest corri- Vuotto, J.P. 2004. Awas Tingni v. Nicaragua: dor. Conservation and Society 6(2): 117-129. International precedent for indigenous land rights? Boston University International Law Journal 22:219- Larson, A.M. and J. Lewis-Mendoza. 2012. 243. Decentralisation and devolution in Nicaragua’s North Atlantic Autonomous Region: natural resourc- Wani. 2004. Breve compendio estadístico e informa- es and indigenous peoples’ rights. International tivo del municipio de Puerto Cabezas. Revista del Journal of the Commons 6(2): 179-199. Caribe Nicaragüense No. 38, julio-septiembre 2004.

25 annex iI Key Informants

Sergio Cisneros Daniela Pedro P. Forestry Regent, Awas Tingni Awas Tingni community member, Awas Tingni Deysi Delvie Lucrecia Pedro DUSA, Puerto Cabezas PROCAMINO, Awas Tingni Wilfredo Mclean Barrinton Salomón Yamaba member, Awas Tingni PROCAMINO, Awas Tingni Francisco Morales S. Carlos Salomón Yamaba president, 2012-2014, Awas Tingni Yamaba member (president, 2008-2012), Awas Tingni Audinio Nelson Larry Salomón AMASAU territorial president, Awas Tingni AMASAU Territorial Government, Awas Tingni Jhylie Nelson Ortiz Merardo Salomón Yamaba secretary, Awas Tingni Yamaba member, Awas Tingni Birginia Pedro P. Jairo Sayas Yamaba member, Awas Tingni GIZ, Awas Tingni

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