ENVIRONMENTAL CROSSROADS I N L AT I N A M E R I C A Between Managing and Transforming Natural Resource Conflicts Chapter I ENVIRONMENTAL CROSSROADS IN LATIN AMERICA 20 I.- T H E D Y N A M I C N AT U R E OF SOCIAL-ENVIROMENTAL CO N F L I C T S T R A N S F O R M AT I O N CyC Program 21 ENVIRONMENTAL CROSSROADS IN LATIN AMERICA 22 The C&C Program experience. L E S S O N S , A P P R O AC H E S , A N D C H A L L E N G E S TO T R A N S F O R M I N G S O C I O - E N V I R O N M E N TA L CO N F L I C T S I N L AT I N A M E R I C A : T H E “C & C ” P R O G R A M E X P E R I E N C E Iokiñe Rodríguez Hernán Darío Correa INTRODUCTION More than ever before, socio-environmental conflicts are at the center of Latin American global development agendas and re-articulation processes, as well as of land and natural resource management. These conflicts are characterized by their complexity, their varied subjects, and by the great diversity of the stakeholders involved. Among the outstanding subjects are pollution and deforestation problems, the impact of mega-projects such as mining and hydroelectric exploitation, protected area access and use, urban-rural planning and zoning, land access, ownership of traditional lands, and fisheries management. Almost without exception, they have to do with conflicts that involve from government stakeholders, local communities and organizations, indigenous populations, and national companies or transnational organizations to non-governmental and academic organizations. The commonality for them is the increase in the competition for natural resource access and use in our region and the world at large. CyC Program 23 ENVIRONMENTAL CROSSROADS IN LATIN AMERICA Although these conflicts destructive aspects are commonly dealt with, there is growing interest in our region to explore and exploit their positive potential as catalysts for building concerted public policies by searching for common agendas that recognize our cultural diversity and help overcome existing social inequalities. A direct expression of this growing interest in non-violent solutions to socioenvironmental conflicts in the region is the “Conflict and Collaboration in Natural Resource Management in Latin America and the Caribbean” (C&C) Program. The C&C Program came about in 1999 as the result of a growing concern of two organizations over emerging socio-environmental conflicts in the region: the University for Peace (UPEACE) affiliated to the UN and located in Costa Rica, and the International Development Research Center (IDRC) from Canada. One of the Program’s fundamental theses when it first came out was that collaboration and the consolidation of a culture of dialogue between stakeholders may promote concerted governable agendas for natural resource use and sustainable management, and as a result, contribute to resolving socio-environmental conflicts. When thinking about collaborative approaches we had in mind widely used methods such as mediation, negotiation, and reconciliation among the stakeholders, as well as, municipal commissions, co-management committees, and participatory problem analysis. However, little was known about the concrete contribution of these methods to socio-environmental conflict resolution and much less about the factors that determine achievements and failures. To address this concern, UPEACE and the IDRC launched a research grant program for institutions and conservation practitioners interested in documenting Latin American experiences in socio-environmental conflict resolution where some type of collaborative process was being used. Two calls for proposals were made in 2000 and another in 2002, through which more than three hundred responses were received in all, of which thirty were selected: 14 from the first call and 16 from the second. The objective of the research project was to look for ways in which they could contribute to systematizing concrete experiences in conflict resolution that would help better understand the factors that contribute to transition from an adversarial approach to one that was more 24 The C&C Program experience. collaborative. In addition to a description of conflicts and of the resolution approaches and methods used, the purpose was to look for an analysis and explanation of the effects of collaborative management on the quality of life and equity in rural-urban populations, as well as the state of the natural resources. Among the indicators of these types of impacts were the satisfaction of the different stakeholders’ interests, the changes observed in natural resources and how they were managed, and the transformations in the power relations within and among the groups involved. The purpose was to also analyze and explain the factors that determine the efficiency of natural resource conflict collaborative management strategies through a reflection on the role of institutions, involved organization networks, the contexts where the strategies are developed (the capacity of the different stakeholders, opportunities or barriers to local, regional, and national policies or strategies, the economical situation in which they occur, etc.), and the role of intermediary agents, i.e., the public nongovernmental stakeholders such as NGOs, consultants, labor and political organizations, churches, etc. This chapter presents a summary of the lessons that the thirty research projects brought up in relation to these points. In doing so it attempts to go beyond the sum of each project’s conclusions. In fact, the C&C Program always sought to be something more than a financing office for individual, isolated experiences: from its beginning, it proposed being a space for collective reflection and construction on the issue of conflict and collaboration in natural resource management, such that discussion on the lessons learned and their overall relevance for the region has been the responsibility and commitment of all the Program participants who have been part of the collective effort to analyze each country’s reality from the Latin American perspective. Therefore, apart from each individual project’s conclusions, this discussion on the lessons learned during the Program’s first five years seeks to: - Generate final propositions for some common points. - Identify affinities or differences in approaches; subject-matter, conceptual, and methodological development work, and conflict trends and dynamics. - Identify analytical proposals to open up broader paradigms on conflict characterization and their transformation approaches. CyC Program 25 ENVIRONMENTAL CROSSROADS IN LATIN AMERICA - Provide useful, relevant information for future efforts on communication between those interested and involved in the subject of socio-environmental conflicts in the region. As said before, one of the issues of most interest to the C&C Program since its beginning was to better understand the role played by collaborative processes in socio-environmental conflict resolution, and the factors that determine their achievements and failures. Therefore, special attention will be paid here to responding key questions such as the following: - What types of approaches are being used in the region to peacefully solve socio-environmental conflicts? - What real role do collaborative approaches play in these processes? - What determines the possibility of moving from adversarial approaches to more collaborative ones? - What are the challenges to collective and public policy formulation that socio-environmental conflict transformation in Latin America requires? There is the belief that the diversity of the projects and the issues dealt with by them may significantly contribute to providing a discussion on the nature of socio-environmental conflicts in our region. Thus, in addition to providing a panoramic view of the complexity and diversity of the cases, this discussion may contribute to analyzing up to what point the collaborative processes studied are accompanied by a detailed, indepth understanding of the causes for environmental conflicts and their dynamics. Likewise, precisely because the subject is complex and diverse, it is also of interest to explore the conceptual approaches from which concrete experiences are seen and evaluated. This may contribute to bridge the gap in the topic of conceptualizing socio-environmental conflict resolution adapted to our Latin American cultural, social, and political reality. Additionally, a particular feature of the C&C Program has been the emphasis placed on research that allows active participation by the conflict stakeholders through action-research methodologies. Thus, an attempt was made to favor proposals presented by some of the key conflict stakeholders. In this way the Program, apart from helping to understand the region’s concrete reality, would also contribute to conflict resolution processes underway through strengthening the stakeholder analysis, 26 The C&C Program experience. reflection, dialogue and coordination processes. Therefore, another important point in this chapter is to explore the role that action- research may play as a methodological tool for resolving socio-environmental conflicts. All together, the discussion on the main lessons learned to date in the C&C Program may help to establish a state of the art in socio-environmental conflicts and their transformation in Latin America. Equally, it may help to single out the dimensions of the challenge involved in strengthening the experiences evaluated and in consolidating communications networks among those parties working on the issue. The writing of this chapter confronted a variety of challenges, among which extracting joint lessons from a very varied, dynamic universe is one of the greatest. Throughout this chapter and the book, the reader may witness a range of tensions that exist among the projects, given the diversity of conceptual and methodological approaches used, and the simultaneous evolution of the different processes underway. One of the tensions shown is the one existing among the projects in relation to whether to systematize experiences or research them. While some of them only chose the former, others opted for the latter, trying to generate conclusive conceptual propositions about the subject. Linked to this, there is another major tension between the emphasis on methodology vs. conceptual frameworks, as options actually taken by different projects. Another latent tension exists between the two paradigms of dominant conflict resolution: “conflict management,” which favors communication for resolution, and “conflict transformation,” which addresses power relations and proposes dealing with structural causes. In addition, some projects emphasized studying collaborative conflict solutions, while others also dealt with adversarial solutions as possible options to conflict resolution. Lastly, we have the tension between the Program – as an institution that defined a pre-established framework for the studies (the initial questions sent in the announcement) – and the dynamics and processes inherent to the conflicts being studied, which at required dealing with issues from much broader points of view. CyC Program 27 ENVIRONMENTAL CROSSROADS IN LATIN AMERICA More than being a problem in and of themselves, these tensions reflect the wealth of approaches and experiences in Latin America when trying to deal with such a complex issue. Finally, readers should bear in mind that this document is not attempting to evaluate the real impact of the experiences analyzed in the projects, but rather to extract the raw lessons learned from the researchers’ final research reports. Thus, it constitutes a first approach to the issue that could go into more depth and surely be adjusted through more field-work in each of the projects. The first part of this chapter examines a series of elements in order to have a panoramic view of the C&C Program: projects’ and research teams’ characteristics, types of conflicts studied, and main analytical perspectives applied. The second part discusses the results of the conflict resolution experiences, based on a review of the strategies displayed in the conflicts, and an analysis of the concrete effects they had in terms of transforming social, legal, and environmental dynamics for each case. Then the factors conditioning conflict transformation are analyzed, paying special attention to the relationships between the stakeholders, the power issues and the conflict scales. A working proposition for representing and analyzing conflict transformation is presented in the last part of this section. The last section discusses the contributions and main lessons derived from the research projects as such to give way, finally, to a series of conclusions. The text is complemented with boxes, graphs, and tables with information extracted and summarized from the proposals and/or the research reports. The original texts may be seen in the Program’s web page: http://www. upeace.org/cyc/. A PANORAMIC VISION OF THE C&C PROGRAM The C&C Program had a three-fold dimension: a) the one defined in the calls for proposals that expressed the original effort by UPEACE and the IDRC as the financing entities; b) the dimension of each of the 28 The C&C Program experience. participating projects; and c) exchange among the researchers and the Program’s Advisory Committee. These three dimensions determined the characteristics of its basic components: a) the phases; b) the type of research projects; c) the researchers who have taken part in the Program; d) the types of conflicts they studied; and e) the conceptual approaches used to analyze each of the experiences. Program phases The program’s two phases to date pertain to the two calls for proposals by UPEACE and the IDRC, the first between 1999 and 2002 with a total of 14 projects financed, and the second between 2002 and 2004, with a total of 16 projects. In each of these phases, UPEACE and the IDRC first defined a group of issues or key questions, set forth in the introduction to this work, upon which the researchers had to analyze their cases to be able to extract more global lessons. Phase 1 had few opportunities for exchange and interaction among the Program participants, in fact, the researchers’ only meeting was at the end of the phase, which was convened to discuss the projects’ results. The possibilities of sharing preliminary results to get a better understanding of the experiences and to guide the efforts of the project were limited to advice received from the Steering Committee through e-mail and one visit to the projects’ area. An important lesson learned from the first phase was the methodological weakness of many of the projects when researching environmental conflicts, which to a certain degree limited the lessons that could be obtained individually or as a group from the experiences studied. Therefore, one of the elements introduced in the second phase was an initial launch meeting with the project leaders in order to provide a common methodological base for research and to ensure that all of them shared the same language in the projects. This meeting took place in mid-October 2002 in Peru – where it was also decided to substitute the mechanism used in phase 1 (assistance from the Steering Committee to the projects) for a series of sub-regional meetings among similar initiatives. CyC Program 29 ENVIRONMENTAL CROSSROADS IN LATIN AMERICA Thus, half way the second phase, three sub-regional meetings were held: one about conflicts associated with indigenous problems, held in Pucón, Chile; another on protected area conflicts held in Costa Rica; and a third meeting on urban-rural conflicts, in Montevideo, Uruguay. An important aspect of these meetings was the fact that the content and organization was left in the hands of the project leaders instead of the Program secretariat, thus providing an opportunity to define work dynamics that would be an interesting and innovative combination of formal and informal activities. This included visits to some of the protected areas and socio-environmental conflict scenarios analyzed by the host groups.1 The projects Thirty research projects were developed in 11 Latin American countries: six in Perú, five in Chile, five in Bolivia, four in Colombia, three in Costa Rica, two in Uruguay, and one in Brazil, Ecuador, Guatemala, Panamá, and Venezuela, respectively. In a general sense, the projects sought three types of objectives: a) identify and systematize socio-environmental conflicts and the alternative management experiences; b) influence and/or transform environmental and public policies; and c) strengthen and/or consolidate community and public institutional development related to various issues such as local government, social regulations and equity, participatory environmental management, appropriate use of natural resources, protected area management, and intercultural relationships (see the chart on general and individual project objectives at the end of the book). See Table 1 for a summary by phase. The titles of the group of projects are presented in Chart 1. 1 Universidad de la Frontera, Temuco, Chile, in the first case; Coope Sol i Dar, in Costa Rica, in the second case; and CIEDUR, Montevideo, in the third case. The minutes and reports for the last two meetings are available at the Program’s web page (www.upeace.org/cyc/), in the section on the second call for proposals. 30 The C&C Program experience. Table 1.- Project location COUNTRY PHASE I PHASE II TOTAL No. No. No. 2 1 2 1 2 0 0 1 3 1 1 14 Bolivia Brazil Chile Colombia Costa Rica Ecuador Guatemala Panamá Perú Uruguay Venezuela Total 3 0 3 3 1 1 1 0 3 1 0 16 5 1 5 4 3 1 1 1 6 2 1 30 Map 1.- Number of projects by country Projects: NONE, ONE, TWO, THREE, FOUR, FIVE, SIX CyC Program 31 ENVIRONMENTAL CROSSROADS IN LATIN AMERICA Chart 1.- The projects and their respective countries The efficiency of institutional agreements in natural resource management. Conflict resolution in community mountain forest management. Environmental and socio-environmental conflict management concerning the activity of petroleum companies in indigenous territories. Study of the Yacuiba - Río Grande (GASYRG) gas pipeline construction in the Guaraní and Weenhayek’s ancestral lands. Bolivia Natural resource of collective access institutions. Pasture space management for seasonal migratory cattle in the municipality of Cercado, Tarija. The peasant irrigators of Chochabamba in the Water War. A social pressure and negotiation experience. Government, social movements, and water resources. Social pressure and negotiations after the Cochabamba Water War. Fishing agreements: an alternative for managing fishing resources. Brazil The historic evolution of alternative conflict management in relation to possessing and using land and its natural resources in the Vallecaucano Pacific, Colombia. Case study based on comparative analysis. Between the global discourse on the “Biosphere Reserve” and the local fishermen’s reality. A practical approach in the case of the Island of Providencia and Santa Catalina. Colombia Nature, situation and perspectives of social conflict and of the intercultural agreement surrounding the Manaure salt mines. Conservation of biological and cultural diversity based on alternatives for collaborative management of natural resources among indigenous and non-indigenous peoples. First pilot case in Colombia. The role of socio-environmental conflict in local management. Case study on the communities of Bolsón and Ortega, in the Tempisque watershed. Costa Rica From conflict to proposal. Community influence on environmental policy formulation and analysis. Collaborative management of the Marino Ballena National Park as an alternative conflict management instrument: experience systematization. The lessons from the Bío Bío dams for alternative ethno-environmental conflict management in the Mapuche territories in Chile. Identification and systematization of conflicts and ways to solve them by establishing and administering areas of management and exploitation of sea bed resources in Chile. The case of Ritoque Beach and the Concón outcrops in Region V. Local, regional, sector, national, and international conflict systematization and analysis in using the coastal zone and its resources in Caleta Quintay, Region V, Chile. 32 The C&C Program experience. Chile Indigenous development areas and resource control for the seaside: conflict and collaboration in the Lafkenche territory, Chile. Management strategies in the conflict between Los Pelambres mining company and the local fisherman of Los Vilos and farmers in the Choapa and Caimanes valleys in Region IV, Chile. Chile Systematization and adaptation of the participatory model and indicator provision in administration and participatory management of the Galápagos Islands Marine Reserve, Ecuador. Ecuador Managing socio-environmental conflicts from the Guatemalan indigenous point of view. The case of seven Mayan communities and the Mam and K’iche’ languages in the southwest of the Republic of Guatemala. Guatemala Evaluation the use of community mapping on resolving land use conflicts in the Filo del Tallo Hydrographic Reserve, Darién. Panamá Achievements and limitations of the Association for the Sustainable Use of the Tola in Arequipa, Perú as a space for concerted decision making. Conflict management and natural resources in a protected area. The example of the Machu Picchu Historic Sanctuary, Perú. Alternative management for conflicts associated with soil use in the Río Lurín watershed, Lima, Perú. Perú Encouraging peasant institutions to face social and inter-cultural conflict in irrigation water management in the mountains of Perú. Social and environmental impact of alternative conflict management for natural resources in the Andean zone of Perú. Being vigilant and building consensus for a better valley: a proposal for concerted management of environmental conflicts in the Río Lurín valley, Lima, Perú. Participatory management in the rural area of Montevideo: Evaluation and in-depth study of an innovative experience. Uruguay The Santa Lucia wetlands and their surroundings. The challenges to managing an area with natural, production, and cultural values in the metropolitan heart of Montevideo, Uruguay. Conflict management in the natural resource conservation process in the high watershed of the Yacambú River, Municipality of Andrés Eloy Blanco in Lara State, Venezuela. Venezuela CyC Program 33 ENVIRONMENTAL CROSSROADS IN LATIN AMERICA In an individual sense, the projects assumed various purposes: a) Studying the conflicts and their management strategies based on issues such as the influence of cultural, social, environmental, and national policy matters, systematization of the environmental management history, and alternate conflict management in regional and local sectors; interinstitutional collaboration; and conflict resolution systematization. b) Evaluating environmental management. c) Communicating and socializing the lessons derived from the research and conflict resolution experiences among the stakeholders and in relation to public opinion. d) Theoretical, conceptual, and methodological developments from and toward action-research in terms of social and environmental conflicts related to issues such as participatory protected area management models; social research applied to environmental management; instruments for evaluating environmental and social impacts; preparing environmental diagnostics and measuring biodiversity; building and validating environmental conflict resolution and prediction tools; identifying various cultural systems; identifying management principles and tools from indigenous and peasant points of view; and some gender relation dimensions. e) Systematization of national experiences in relation to other Latin American realities.2 Based on these proposals, the projects sought to contribute to resolving or systematizing conflicts related to renewable natural resources such as water, the soil, forests, marine fauna, wildlife, and salt, among others. They also dealt with non-renewable resources such as oil, copper, and limestone within various spatial units such as watersheds, wetlands, marine-coastal and insular zones, high Andean zones, urban-rural zones, protected areas, and ethnic territories (indigenous, Afro American, and Raizal). Some of the projects dealt with these resources and spaces3 at the same time. 2 See the complete list of general and individual objectives in the Appendices. 3 The spatial unit concept in analysis is proposed in a descriptive sense and in the absence of more exactness in the projects on ecosystems and landscapes as conflict scenarios or as an environmental component thereof. 34 The C&C Program experience. Table 2.- Projects by spatial unit and natural resources involved Resources Involved Spatial Unit Projects Renewable per Spatial Soil Water Forest Marine Unit Fauna Watershed 6 1 Coastal or Insular Marine Zone 10 1 Urban-Rural Zone 4 1 High Andean 6 Zone 1 Non-Renewable Wild Life Salt 1 Oil Copper 3 7 1 1 3 Misc. Lime stone 1 2 1 2 2 1 2 Wetland 2 Protected Area 8 1 2 Ethnic or Traditional Territory 8 1 1 1 5 1 4 1 The researchers The thirty projects were formulated and executed by a total of 74 researchers – among them, 23 natural science professionals and 51 social science professionals, broken out as follows: 15 engineers (11 agricultural engineers, two fishing engineers, one forestry engineer, and one civil engineer); 11 lawyers, nine anthropologists, eight sociologists, seven biologists, seven educators, five economists, four social communicators, two psychologists, two journalists, one political science specialist, one philosopher, one geographer, and one zoological technician. They were organized into interdisciplinary teams that had the direct participation of 18 members of the communities involved in the conflicts studied. In general, a preponderance of social approaches was revealed and in each disciplinary universe there was an interesting majority of engineers and lawyers among the researchers, along with a combination of professions that denoted the C&C Program’s multidisciplinary character. CyC Program 35 ENVIRONMENTAL CROSSROADS IN LATIN AMERICA These researchers belong to 39 institutions, among which 25 are nongovernmental organizations (of them 12 are in coordination with grass roots organizations and two with academic entities); seven are social organizations; five are educational entities, and two are public territory entities.4 The types of conflicts studied The conflicts dealt with by the projects revolve around a series aspects: a) a clash of interests in conserving, using and/or managing protected areas; b) the use of specific natural resources such as the soil, water, forest, marine fauna, wildlife, salt, etc.; c) Access to and control of productive spaces and natural resources by local users or by large-scale resource development and exploitation through mining, gas exploitation, water exploitation and use, roadway construction, forest exploitation, industrial fishing, the sugar industry, and salt exploitation projects; d) Land zoning, especially in the urban-rural interface; and e) Possession, ownership and use of indigenous lands and black communities. Table 3.- Projects based on type of conflict studied TYPE OF CONFLICT Confrontation of interests about conserving, using, and/or managing protected areas. Use specific natural resources such as the soil, water, forests, marine fauna, wildlife, salt, etc. PROJECTS Colombia: Indiwasi National Park and Old Providence Biosphere Reserve Costa Rica: Marino Ballena National Park Ecuador: Galápagos Islands Marine Reserve Panamá: Filo de Tallo Hydrographic Reserve Perú: the Machu Pichu Protect Area Uruguay: the Montevideo Wetlands. Most of the projects. 4 Source: the C&C Program’s research projects, phases 1 and 2. The data may undergo adjustments during more in-depth work, since evidently there were some changes in participants during the course of some research projects; but they are being included because even in that case, it would give an idea of the universe being dealt with. 36 The C&C Program experience. Access to and control of productive spaces and natural resources, a) by local users, Perú: the Andean Zone; and Bolivia: Tarija. b) by large-scale resource development and exploitation projects through mining, gas exploitation, water exploitation and use, roadway construction, forest exploitation, industrial fishing, the sugar industry, and salt exploitation Chile: Los Pelambres, Caleta Quintay and the Bío Bío Dams Bolivia: Weenhayek Territory and the Water War Perú: Arequipa Ecuador: Galápagos Costa Rica: the Tempisque Watershed Colombia: the Manaure salt mines Land zoning, especially in the urban-rural interface; and watershed management. Uruguay: the Montevideo Wetlands Perú: the Río Lurín Watershed Panamá: Managing the Filo de Tallo Watershed Venezuela: the Yacambú Watershed. Possession, ownership and use of indigenous lands and black communities. Bolivia, Colombia, Costa Rica, Chile, Guatemala and Panamá. In certain cases, as may be seen throughout this analysis, some of these subjects are combined in a single conflict. The project’s analytical perspectives: Visions and conceptual approaches As may be assumed and expected, within the C&C Program there is a huge diversity of conceptual approaches to the Program’s basic components (“conflict, collaboration, natural resources, Latin America”) that are grouped into two descriptive subjects: a) Definition of conflicts as such, and within them, environmental conflicts, how they are handled and transformed; and b) The structural aspects of conflicts, such as society itself, culture and nature, the government and the public, development, and history. a) Approaches to defining, managing, and transforming conflicts. In this summary, it is interesting to point out the broad range of approaches based on two broad views of conflicts: communications dimensions versus power relations and conflict management versus transformation. CyC Program 37 ENVIRONMENTAL CROSSROADS IN LATIN AMERICA The first view is centered on the “interests” of stakeholders involved in a given conflict, and on the type of relationship they develop according to their willingness to communicate in a conflict scenario. The other perspective centered around power issues proposes: “The conflicts and consensus building (…) are above all expressions of power relations, instead of the result of applying rational conflict resolution mechanisms or deploying actions based on a communications rationality.’” And that is because “the political system itself is an adversarial and not consensual scenario”, due to the type of dominant state, (related) to global capitalism.”5 As has been said, both perspectives mark the extremes of a broad range of basic approaches to conflicts, wherein and in some cases, those extremes in fact are combined depending on the times and scenarios where they are found and the emphasis of each research, as may be seen throughout this work. In the extremes of the proposed ranges, there is a sort of opposition between managing and transforming conflicts: First of all, many projects are oriented toward the functional resolution perspective based on seeking collaboration among the stakeholders (“conflict as something functional in development”) going from being adversarial to collaborative. The idea of “collaborative socio-environmental conflict management” is associated with this, such as “building a joint decision-making process among the conflict stakeholders who commit themselves to, are involved in, and participate in solving their problems.”6 And even when many projects evolve into “alternative conflict management” (ACM), some are not able to go beyond their functional sense as shown in the following definition: “(ACM) is a process through which the stakeholders involved in a conflict seek alternative ways to the legal route without seeking to resolve critical confrontation situations among the stakeholders. With that aim, they create social relationships that enable to balance the different interests involved in natural resource management.”7 5 Cfr. Final project report on the Cochabamba Water War, where the viewpoints are defined and some critical reflections are projected. 6 The Tempisque Watershed Project, Costa Rica. 7 Mesoamerican network of socio-environmental conflicts, cited by Cecilia Martínez in the final report on the Tempisque Watershed Project, Costa Rica. 38 The C&C Program experience. The concept of conflict transformation, on the other hand, in many projects, implicitly and in practice, combines communicative or functional resolution with power elements that are in play in the relationship between the stakeholders and the political and social systems. Some of these aspects are set forth in the last part of this document.8 Within these extremes, inside the Program there are many definitions about social and socio-environmental or environmental conflict, also within a broad range of concepts, some of which are set forth through this book. The Montevideo rural area project highlights six fundamental characteristics of social conflict: “it is a process; its development is temporary; when it takes place in the public arena it involves collective actions by groups of people; it originates due to differences in values, perceptions or meanings that the stakeholders have in relation to actions or circumstances that affect them; it implies dynamics involving opposition, controversy, dispute, or protest among the stakeholders; and there is a recognition of the opposing stakeholders that goes beyond whether their claims are considered legitimate or that they should be attended to.” Socio-environmental conflict, on the other hand, is understood as focused “simply around using natural resources;” and environmental conflict as “manifestations of social and economic problems due to opposing interests between the natural and social world and therefore, it calls for an interdisciplinary and multi-sector perspective to take care of it.9 Most of the projects assume that conflicts are situations that “have negative repercussions but that may have a value as a catalyst for positive social changes,”10. Their management is largely seen as a “potential modifier to social capital, as it is an important way to build, strengthen, weaken, or destroy relationships;” and they propose transforming them through collaborative and/or preventive action. b) Approaches to history, society, the state, culture, nature and development. In each of these broad conflict conceptualizations, we can evidently derive approaches to “the public” and “the state” that could be more thoroughly 8 Cfr. farther on in the report, the section on “a way to represent conflict transformation.” 9 Water War Project, Cochabamba, Bolivia. 10 Machu Pichu Project expression, taken from Buckles, 2000. CyC Program 39 ENVIRONMENTAL CROSSROADS IN LATIN AMERICA analyzed through a special research project. The Program, being based in work by definition applied and of a relatively short term with emphasis on systematizing experiences above academic or conceptual research, provides little space for such debate. Nonetheless, some (few) projects had a historical perspective in their study of conflicts in light of the impact caused by cultural, political, institutional, and environmental frameworks. The CEREC (the Manaure Salt Mines Project, Colombia), for example, tries to trace some social transition and national re-composition historic elements in a conflict over salt extraction and commercialization. The conflict analysis approach is located “between social action (reconfiguration through stages or moments based on the stakeholders’ actions and reactions) and the social structure (economic and socio-cultural),” more specifically “tensions revolving around exclusion, inclusion, and inter-ethnic relations between an indigenous people and regional and national society.” The Indiwasi Project (Colombia), for its part, reconstructs the long process of internal indigenous consensus building in the Amazon piedmont based on the coordination with the national parks entity in Colombia, which gave rise to the collaborative creation of a “national indigenous park.” On the other hand, in general there exists a set of projects with a broad range of approaches to society running from those pertaining to classic sociology, characterized by the study of order and a direct correlation between economics and politics, to a critical theory about globalized society, the modern hegemonies and empire, neo-liberalism and worldwide social resistance; going on to comprehensive focuses on society, culture and nature pertaining to complex environmental thought. With regard to the new critical theories, and at one extreme of the range of approaches mentioned, the Water War Project in Cochabamba lays the groundwork within the Program for a vision of political power “as factors and devices” instead of instruments or institutions in and of themselves, from the perspective of exercising power such as bio-power, following the approaches of authors such as Foucault, and the contemporary Marxists such as Toni Negri.11 11 “Bio-power thus refers to a situation in which the production and reproduction power of life itself is directly in play (Hardt & Negri).” This predicament arose from the debate on the character of water as a “resource or part of life,” within the social movement in Cochabamba, the “Water War.”. 40 The C&C Program experience. Indirectly related to this conceptual context, other projects emphasize issues such as “unequal ecological distribution” (Martínez Alier 1995), generated by structural adjustment in Latin America, which “is consolidating the creation of plural autonomous socio-environmental movements reconfiguring the Latin American political culture.” In regard to the complex vision derived from the environmental approach, several projects are associated directly or indirectly with “critical development anthropology,” which approaches conflict analysis through culture and the “power asymmetries” between the global/local relationships and among local stakeholders, and considers the environment as a universe with boundaries that have been culturally framed. Finally, the concept of development needs to be emphasized. Development is seen by most of the projects as sustainable development in its broadest sense (“ecological sustainability, growth, and equity’), in integral relationship with issues such as social participation and democratization12. CONFLICT RESOLUTION EXPERIENCES: STRATEGIES, EFFECTS AND CONDITIONS FACTORS FOR TRANSFORMATION Conflict resolution strategies evaluated As was mentioned in the introduction, when the C&C Program was originally conceived, there was talk of collaborative conflict resolution processes in the sense of alternative confrontation methods (violence or lawsuits), such as negotiation, reconciliation, arbitration, and mediation, or new institutional arrangements that made it possible to jointly build visions and consensual solutions for natural resource management. This conflict resolution conception was strongly influenced by Alternative Conflict Management (ACM) thought, which arose originally in the United States in the mid-70’s as a way to solve labor conflicts. Since the 90’s it has had increasing influence in the environmental management field. However, the 30 C&C research projects make us clearly see that this view of collaborative conflict resolution does not reflect the broad range of strategies that are being put into practice in the region to deal with and try to resolve socioenvironmental conflicts. 12 The Caleta Quintay Project in Chile, the Rural Montevideo Project in Uruguay, the Fishermen Resource Project in Brazil, the Tempisque Watershed Project iin Costa Rica, and the Bío-Bío Dam project in Chile. CyC Program 41 ENVIRONMENTAL CROSSROADS IN LATIN AMERICA Figure 1.- Summary of conflict resolution strategies evaluated Explicit Conflict and in an Improvement Process: Mutual Understanding / Recognition of Others Shared and/or Articulated Strategiess • New institutional arrangments • Promoting interlocution Dialog & coordination • Projects/development plans and conservation • Land/environmental management policies • Agreement negotiation Conflict Evolution • Litigation • Strengthening local organizations • Social mobilization: complaints communication campaigns, lobbying, social alliances • Strengthening interpersonal relationships • Participatory research • Building long-term visions •Institutions/customary arrangements • Compensation • Civil disobedience • Dialog facilitation • Repression Averserial Strategies • Inquiry • Information Unilateral Strategies Collaborative Strategies Latent Conflict / Confrontation Denial of others / unilateral power actions Source: Created by the authors. As illustrated in the figure, a major part of the projects evaluated conflict resolution strategies that fall within the notion that the C&C Program had about “collaborative or alternative management of conflict resolution,” i.e., agreements, new institutional arrangements, and negotiation processes that facilitate dialogue and coordination. However, an equally large part evaluated other types of strategies that do not match this notion at all, such as local and customary institutional arrangements that have tended to receive little attention in the socio-environmental conflict literature. Instead, others evaluated the effectiveness of development and conservation projects and plans and new environmental/territorial management and zoning policies. A smaller number evaluated strategies that are rarely taken into account in the conflict resolution field, but which are of vital importance for the cultural survival of indigenous, black, and peasant populations, such as building and clarifying long-term local visions. But perhaps the most significant is the following: although most of the projects focused their research on collaborative conflict resolution strategies, a good part did not limit themselves to that and included other types of strategies that are commonly rated as adversarial, such as social mobilization, civil disobedience, and litigation. These projects make it clear that being adversarial cannot be completely ruled out of the conflict 42 The C&C Program experience. resolution dynamics in our region. On the contrary, they frequently fulfill a major role in balancing power relations among stakeholders such that the way to dialogue and coordination can be opened up. Therefore, the term adversarial is included here in a merely descriptive sense about the strategy’s punctual forms and does not resolve the issue of its possible legitimacy.13 Within what is adversarial, some projects showed that repression is frequently used as a coercive conflict resolution strategy. This is something familiar within our countries’ realities, where within the life of a conflict and the search for consensual and collaborative solutions, oftentimes this is the way the state responds to legitimate non-violent actions that involve protests and social vindication. Figure 1, therefore, seeks to illustrate how diverse the conflict resolution experiences evaluated by the projects are, from an extreme where the conflict is still at the latent or confrontational level, where resolution strategies usually are unilateral; to the other extreme where paths are built to go beyond shared and/or articulated strategies. However, conflict evolution as a function of the strategies used is not really such a linear progression as is proposed here. In effect, in many of the cases there is a much more dynamic cross-over interaction among the adversarial and collaborative strategies. In a large number of the cases, the strategies mentioned in second place arose after some of a conflict’s stakeholders used adversarial strategies at some point in the life of the conflict, but this does not mean that conflict progression from confrontation to progress always occurred. In some cases, what was observed was a pulling back where collaborative strategies became adversarial due to the resistance by some stakeholders to settling on just, equitable solutions. In the conflict transformation dynamic representation instrument, proposed later on, an attempt is made to pick up this aspect as essential to the analysis. Finally, strategy dynamics and implementation vary largely depending on the stakeholders who develop and encourage them. To that end, Table 4 provides a more detailed itemization of the conflict resolution strategies developed by the different stakeholders in the set of projects. Among them there can be seen, for example, a marked trend by state 13 Cfr. farther on the section on this subject. CyC Program 43 ENVIRONMENTAL CROSSROADS IN LATIN AMERICA stakeholders to center their efforts on developing strategies that favor more efficient, orderly and in some cases equitable environmental and territorial management. This is reflected in actions such as creating environmental/territorial zoning plans, new protected areas, usr rights to local stakeholders and, to a lesser degree, the formulation of new policies such as environmental service payments in the case of Costa Rica or new institutional guidelines such as the Parks with People Policy in Colombia. Likewise, there is a marked trend among state stakeholders to implement strategies that “in theory” seek to encourage shared decisions on environmental management being made through mechanisms such as new institutional arrangements (committees, councils, coordinators, workstations), co-management plans, strengthening local organization, or encouraging and supporting new local interlocutors; but in practice most of the cases such shared decision making does not go beyond a symbolic effort to develop more participatory and inclusive environmental management processes. This is illustrated by the Marino Ballena National Park in Costa Rica and the Los Pelaumbres Mining Company in Chile. The latter is a sample of a manipulative, co-option, and local fragmentation strategy (See Chart 3). This denotes the double role that the state often plays in socioenvironmental conflicts: at times they are the cause and at other times they are the regulators or arbitrators. Therefore, as some cases demonstrate, in a single conflict these stakeholders may go from using adversarial strategies such as ignoring, prolonging, or suppressing the conflict to coordinating instances of interlocution, dialogue, consultation, and coordination, or to encouraging shared decision-making and vice versa. The state’s dual role in socio-environmental conflicts is at times the result of pressure from economic sectors or alliances developed between political and economic sectors. These sectors make it impossible for there to exist a coherent, consistent position on the state’s part while implementing environmental policies or executing development projects. This was well illustrated in the few projects that closely evaluated the strategies developed by the entrepreneurial sector during conflicts (See Table 4). These strategies allowed to see that more than seeking to resolve conflicts in a collaborative and consensual fashion, the companies tend to do so in an adversarial fashion through pressure on the state, making use of press campaigns, lobbying, and even corruption, or in relation to communities, with strategies that include ignoring the conflict, misinformation, or no 44 The C&C Program experience. information at the local level about their plans, co-opting or dividing the local leaders to achieve their objectives. The efforts to develop ways mutually agreed upon through dialogue also are in general measured by achieving or attaining their objectives and interest, more than seeking fair, culturally adequate, equitable, and sustainable solutions. Table 4.- State and entrepreneurial conflict resolution strategies STAKEHOLDERS STRATEGY ACTION CASES State Ignore the conflict Do not inform, misinform, or do not respond to requests for dialogue/ information 3 Prolong the conflict/wear out the opponent Create a legally incongruent situation 1 Suppress the conflict Repression, detention of leaders 2 Coordinate instances of interlocution, dialogue, consultation, agreement Informational meetings Consultation meetings Meetings with the parties Agreements Negotiations 1 2 2 6 3 Encourage shared decision making New institutional arrangements (commissions, councils, coordinators, workstations) Co-management plans Encourage and support new local interlocutors Organizational strengthening 7 Strengthen, create links with groups with similar visions/ interests Company-state, state-community, and company-state-community alliances 1 Define and/or propose regulatory framework transformation Environmental rules and regulations New laws Economic sanctions 2 Formulate new environmental and territorial management policies Environmental service payments Protected area creation Use rights New institutional guidelines Environmental/territorial zoning plans 1 Develop socioenvironmental programs Sustainable development, technical and conservation assistance, social and community assistance, local development projects 4 CyC Program 2 2 3 6 1 3 2 1 5 45 ENVIRONMENTAL CROSSROADS IN LATIN AMERICA STAKEHOLDERS STRATEGY ACTION CASES Companies Toward the state: Public pressure Lobbying Press campaigns 1 1 Seek direct arrangements without public mediation Corruption 1 Pay for environmental compensation Support creating new protected areas 1 Toward communities: No information, misinformation. Ignore the conflict 2 Divide the community Co-opt the leaders 3 Seek direct arrangements without public mediation Direct payment of indemnifications and compensation Support community actions 2 Seek agreement Hire mediators Propose signing agreements 2 1 Promote participation Support for new interlocutors Hold informational meetings 1 1 2 In contrast, in the projects that evaluated strategies developed by local organizations and communities, social mobilization strategies, customary or traditional conflict resolution mechanisms, and clarifying and building local long-term visions dominated (See Table 5). This set of strategies evidences the need for more attention to be paid to local perspectives and the forms of social organization in environmental planning, as well as executing development policies indicating the need that the community and local stakeholders have for internal strengthening to face solving conflicts with third parties. Interestingly, in some cases, the requirement for more respect for local issues is not merely rhetorical, since some strategies involve clear proposals about modifying legal frameworks and public policies to achieve this change in environmental planning and development policies, which includes formulating new regulations (as is the case with the Cochabamba Water War); creating new protected areas where the respect for the local cultural dimension is proposed as the center (see the Alto Fragua Indiwasi National Indigenous Park Case); new management plans formulated 46 The C&C Program experience. in conjunction with grass roots stakeholders, and implementing the instances that enables for there to be a more equitable power distribution in decision-making such as co-management or co-government (Old Providence Biosphere Reserve, Alto Fragua Indiwasi National Indigenous Parks, and the Parks in Costa Rica. See Chart 3). This need to legitimize and strengthen local capacity in conflict resolution processes may explain why, in turn, the strategies developed by NGOs mostly are centered around strengthening grass roots stakeholders through actions such as participatory resource use mapping, local organization support, communications strategy development, legal advice, and conflict management. Likewise, as some cases illustrate, this is reflected in the fact that the NGOs also turn at times to strategies such as social mobilization to achieve a new balance in power relations. However, it is clear in the C&C Program universe, that the NGOs also have played an important role as conflict mediators among stakeholders, which is reflected in the large number of projects that evaluated their contribution to building dialogue and consensus processes through participatory analyses of stakeholders, visions, perceptions and interests, and dialogue and agreement meetings and workshops (See Table 5). A good part of these processes occurred during the course of research as part of the action-research strategies developed by the teams, as is illustrated by the Asociación Calas experience in Guatemala, where a meeting between indigenous authorities and officials about their environmental management legal-norm systems was facilitated (See Chart 3). This way, the research methodology itself became the subject of analysis by a major part of the studies discussed herein (for more details, see later on in this document). CyC Program 47 ENVIRONMENTAL CROSSROADS IN LATIN AMERICA Table 5.- Local non-governmental conflict resolution strategies STAKEHOLDER STRATEGY ACTIONS Local Communities & Orgs. Use customary mechanisms Governed by norms, rules, and social networks Governed by traditional community institutions Consultations Community meetings Ceremonies and rituals Agreements 3 Create new community institutions 3 Create links with Social, political, academic alliances groups with similar interests and visions 3 Civil disobedience Protests Close roadways 4 3 Social mobilization Request information Press campaigns Signature collecting Lobbying Complaints Marches Territorial right/uses and custom vindication 1 4 1 4 1 4 6 Clarify visions and build perspectives from afar Develop life plans, local development plans, productive alternatives, sustainable development 6 Supported by the public legal system File lawsuits 3 Propose new environmental and territorial management laws and policies New regulations Protected areas Management plans Instances of participation, comanagement, co-government 2 2 2 3 Supported by new participatory methodologies Community self-mapping 1 Participate in public agreements Workstations, commissions, committees, councils Agreements Negotiations 3 Call open town councils to meeting 1 Strengthening local organization Propose dialogue 48 The C&C Program experience. CASES 4 1 1 1 3 2 2 STAKEHOLDER STRATEGY ACTIONS Non-Governmental Orgs. Strengthen local stakeholders Participatory mapping Training Support for local organization Communications strategies Legal advice Conflict management advisory services 2 3 4 2 2 2 Recover local knowledge Biological-intercultural research Participatory diagnostics 1 1 1 Propose legal changes Revise municipal ordinances 1 Build dialogue and consensus Participatory analysis of stakeholders, visions, perceptions, and interests Dialogue and agreement meetings and workshops 6 Social mobilization Lobbying Public complaints Communications campaigns 3 1 2 Strengthen links with groups with similar interests and visions National and/or international alliances and networks 2 Propose public agreements Workstations, commissions, committees Negotiations 2 Intercultural dialogue (equitable relationships, ethical agreements, cultivate relationships of trust and respect) 1 Research Strengthen interpersonal relationships CASES CyC Program 6 1 49 ENVIRONMENTAL CROSSROADS IN LATIN AMERICA Chart 3.- Some conflict resolution strategies and mechanisms evaluated by the projects ENCOURAGING SHARED DECISION MAKING – STATE STAKEHOLDER INITIATIVES The Marino Ballena National Park Co-Management Committee, Costa Rica. A new institutional arrangement created in May 2002 by the Ministry of Energy and Mines (MINAE) along with some local stakeholders whose purpose is to open communications channels among civil society stakeholders and the governmental apparatus and thus reduce the strong local rejection that caused the National Park when created in 1997. To date, the committee has not operated constantly and has not contributed to reducing the existing conflicts in the area. Among the factors that explain the failure of this conflict resolution strategy are the strong internal divisions among its members, the lack of will and conviction to make the committee work, the marginalization of important local sectors such as women and local community representatives, and the serious conceptual deficiencies about the co-management concept. The Parallel Neighborhood Boards - The Los Pelambres Case, Chile. One of the varied strategies used by the Los Pelambres Mining Company – and appraised by public environmental institutions as a group – during the well-known conflict that occurred in 2003 with peasant communities, due to the construction of a copper tailing mega-dump. The “Parallel Neighborhood Boards” were created to position a local support group and validate a citizen participation process that would make it possible to formulate a series of agreements to begin work. This strategy also sought to create an interlocutor as an alternative to the “Pupío Valley Defense Committee and Board of Neighbors No. 4 (both in Caimanees) as a block opposing the project. This strategy ended up co-opting a series of local leaders and significantly fractioning the community, favorable for validating and final approval for the much questioned project. MODIFYING LEGAL FRAMEWORKS AND PUBLIC POLICIES – LOCAL STAKEHOLDER INITIATIVES Proposal to Modify the Potable Water and Sanitation System Law to Ensure the Protection of Uses and Customs. The Water War Case, Bolivia. A strategy deployed by a group of social organizations (primarily peasants who practice irrigation in Cochabamba) in August 2000, caused by assigning the potable water and sewer system concession to the Aguas del Tunari international consortium (approved by the parliament) of the Potable Water and Sanitation System Law without consulting the community. The proposed modification to the law came about after an intense mobilization process, including a national peasant blockade that forced the government to sign an agreement and sit down at the dialogue table to discuss a series of by-laws to the law that made it possible to privatize the water and placed the water management systems’ uses and customs in danger. The initiative was approved and the contract with the Aguas del Tunari international consortium was also rescinded. 50 The C&C Program experience. A National Indigenous Park: Nukanchipa Alpa Indiwasi- Our Land, House of the Sun, Colombia. A strategy requested and promoted by one of the indigenous peoples of the yagé culture: the Inga del Caquetá people as a way to confront the loss of their lands, culture and traditions, as well as to confront the pressure from the current development model, illicit crops, and war. The national park was declared on February 25, 2002, and in addition to biological conservation, it seeks cultural protection, particularly for the yagé culture, one of the best conserved shamanistic traditions in the world. A central part of this biological and cultural conservation model is its innovative form of management and administration: co-government among indigenous authorities (represented by the Asociación de Cabildos Inga) and Colombian government authorities (represented by the Special Administrative Unit of the National Natural Park System). The two parties are considered to be public entities with equal powers to make decisions and take administrative and management actions. The Sustainable Fishing Development Management Committee, the Old Providence Biosphere Reserve, Colombia. A conflict resolution strategy defined and put into practice in 2003 by the Old Providence and Santa Catalina Island Fishers’ Cooperative to face a series of policies and actions that environmental authorities in the Biosphere Reserve tried to execute that affect their interests in relation to fishing resources. The committee was thought of as a formal space for communications, inter-institutional coordination, participation, agreement, and joint management by the local community and the variety of public institutions that are involved in managing the reserve. During its short existence, it has helped to jointly define solution proposals for the primary fishing resource management problems and has become a recognized space that is valid and worthy of being taken into account in the island’s fishing-environmental processes. In addition, it has provided legitimacy and recognition to the local knowledge about environmental management processes. STRENGTHENING LOCAL STAKEHOLDERS – NGO INITIATIVES Participatory Maps, Training, and Organizational Support: Components of a Strategy to Oversee and Reach Agreements about Conserving the Lurín Valley, Lima, Perú. Some of the varied actions developed by the Oficina de Asesoría y Consultoría Ambiental (OACA) in consortium with the Sociedad Peruana de Derecho Ambiental (SPDA) as part of a set of social participation activities that seek to strengthen agreement mechanisms for preventive conflict management in the Lurín River Valley, produced by the out-of-bounds expansion of the urban zones into the rural zones. The participatory maps, which seek to identify the local vision of natural and cultural resources and their main conflicts, contributed to beginning a dialogue and collaboration processes among the local stakeholders (mostly among the grass roots social organizations). In turn, they set the bases for training programs on citizen environmental vigilance that arose because of the interest generated in strengthening local organizational capacity to respect the local environmental visions and interest in municipal planning and zoning. BUILDING DIALOGUE AND CONSENSUS – NGOS INITIATED Encounters Between Indigenous and Public Authorities on Environmental Use and Zoning, Guatemala. A process initiated by the Centro de Acción Legal, Ambiental y Social de Guatemala (CALAS) to strengthen an understanding between two environmental use and zoning standards and legal systems. The encounters were preceded by a series of participatory workshops with the Maya K’iche’ and Mam people about their customary conflict resolution methods. The information collected was used as input to provide knowledge to the public authorities about the bases of the indigenous environmental management cultural and standards system. The meetings between indigenous authorities and officials resulted in the signing of the Declaratory Agreement of Santa Lucía, by means of which the Indigenous Peoples and Civil Society Coordination Unit was created, which seeks to attend to matters relative to respecting and recognizing the customary indigenous law in reference to natural resource use and utilization. CyC Program 51 ENVIRONMENTAL CROSSROADS IN LATIN AMERICA The effect of the experiences A joint analysis of the 30 research projects makes it possible to visualize that, despite the broad range of approaches and conflict management strategies deployed in the region, their concrete contribution in terms of building and consolidating a culture of peace and agreement in land and natural resource management and administration in the long term is still very limited. We can see this if we do a detailed analysis of what is just and sustainable in relation to the agreements and arrangements reached by the stakeholders by using the following indicators: satisfying the interests of the different stakeholders, changes in the state of natural resources and how they are managed; modifying the power relations; recognizing cultural diversity; and knowledge, dialogue, and negotiation. a) Satisfying the interest of the different stakeholders. When studying and understanding socio-environmental conflicts and how they are managed, in general a great deal of emphasis is placed on stakeholder analysis,14 to find out the variety of stakeholders involved in a conflict and their respective interests and visions. Less attention has been paid to getting to know how the conflict resolution strategies and mechanisms that have been put into practice satisfy that diversity of interests. This is the central point to this section, based on the results of the Program’s 30 research projects. The C&C Program’ universe of projects reveals a partial achievement of the conflict resolution mechanisms toward satisfying the diverse interests of the stakeholders in any given conflict. Barely 50% of the projects found that the experiences assessed had been able to place strategies into practice that represented, or at least attempted to provide, a response to that variety of interests. In general terms, this was achieved in two distinct dimensions: a) public institutionalization of collective interests (the objective or tangible dimension); and/or b) a change in the stakeholders’ situation (the subjective or intangible dimension). The former refers to experiences where an attempt was made to satisfy the interests of the different stakeholders through enacting new environmental management laws, regulations, figures, plans, or programs, or new participatory instances for conflict/environmental management. 14 Known also as stakeholders. 52 The C&C Program experience. Examples are the modification to the Potable Water and Sanitary Service Law in the Water War case in Cochabamba, Bolivia, the creation of the Lapa Verde Commission in Costa Rica; and the declaration of two wetlands as private reserves in the Tempisque Watershed, Costa Rica, produced by local conflict management. The changes in the stakeholders’ situation, in turn, refers instead to experiences where the main attention was paid to achieving a better representation of the stakeholders’ own interests, based on modifying their interpersonal relationships. This was carried out in different ways, including building shared visions and/or perceptions about resources, land, and their uses; discussion and analysis of the cause of the conflicts among the stakeholders; the definition of negotiation principles; building trust; and/or opening new dialogue spaces. In general terms, these different processes contributed to a better understanding among the stakeholders and to a reduction in the degree of conflict among them. In some cases it made it possible to even transcend public institutionalization of articulated interests, thus creating opportunities to build mutually agreeable public policies.15 Interestingly, there were other cases where instead it went from a situation where public mechanisms for collective interest articulation existed to an in-depth study of satisfying interests among stakeholders through more subjective or intangible interpersonal dimensions (the Santa Lucía Wetlands Case, Uruguay). Likewise, there were other cases that just stayed within the subjective dimensions, without evidencing any significant objective or tangible progress that modified the stakeholders’ situation in the long term (Machu Pichu, Perú; and Filo del Tallo, Panamá). In them, satisfying the interests of the different stakeholders was more vulnerable than in the cases where institutionalization of the interests in play was produced. However, public institutionalization of collective interests does not necessarily mean definitive or effective real satisfaction of the interested parties. A large number of the projects evaluated experiences that instead showed a major pull back in momentarily achieved agreements, through non-compliance with the laws or agreements (the Manaure salt mines, Colombia, the Galápagos National Park, Ecuador; and the Los Pelambres Mining Company, Chile). 15 The Valle Verde Case, Perú; and the Maya Community Project, Guatemala. CyC Program 53 ENVIRONMENTAL CROSSROADS IN LATIN AMERICA Involved are cases which, instead of satisfying collective interests, imposed satisfying particular interests or sectors in the medium and long term. Something similar occurred in other cases where the public mechanisms for satisfying collective interests put into practice had been unilateral impositions by some of the stakeholders and, therefore, only represented their interests and visions. This is reflected by implementing manipulated institutional arrangements (the Marino Ballena National Park, Costa Rica), enacting environmental regulations or policies that were not brought up and discussed with the different stakeholders (the Río Yacambú Watershed, Venezuela), or that did not take into account the principles of social equity when conceived or implemented (Sea Bed Resources, Chile). In these cases, in addition to a cyclical reproduction of conflicts, strong rejection was reported, as well as feelings of frustration and mistrust in relation to the agency managing the conflicts on the part of those stakeholders that were excluded. Interestingly, the projects help visualize that the cases with significant progress in terms of institutionalizing mechanisms that sought to satisfy and represent the interests in play in the conflicts, were those where there had previously existed strong grass roots pressure for opting for greater public participation spaces (the Water War, Bolivia); and a prior process of building visions of the future locally (Alto Indiwasi National Park, Colombia); or the participation of an intermediary stakeholder (an NGO or academia) for a relatively prolonged time (the Valle Verde Case, Perú). b) The state of natural resources and how they are managed The relatively recentness of most of the experiences evaluated does not help to draw very definitive conclusions about the effect of conflict resolution strategies on the state of natural resources and how they are managed. However, some general indicators exist to infer probable improvements or deterioration in some cases related to institutional changes, attitudes and sensitivities about the issue, and the ecosystem quality. In relation to the institutional indicator, some projects reported major progress in terms of land zoning in areas where there are ecosystems or implied resources, either through new plans or assuming appropriate zoning criteria, greater environmental regulation legitimacy as protected areas, and new articulation spaces for previously antagonistic stakeholders 54 The C&C Program experience. that individually, or as a group, could contribute in the medium to long term to an improvement in the state of the natural resources in the evaluated cases. Other projects realized that there was a change in attitudes and sensitivity toward the environmental issue that could have a favorable effect on the natural resource quality in processes longer than included in the projects. An example of that was recorded in relation to the efforts made to analyze environmental problems jointly, the ascertainment of greater public sensitivity in relation to environmental issues, the expression of explicit willingness to conserve natural resources on the part of some leaders and decision makers, and the positioning of new grass roots organizations that were strengthened and capable of exercising pressure in favor of protecting the environment. The effect of the experiences on ecosystem quality is only clearly reflected in those cases where the conflict resolution strategies, instead of being solutions, caused the conflicts to worsen. Involved are cases where a clash of visions of the development model occurred as a product of installing mega-projects, development plans, tourism activities, etc., or where no fair, equitable and sustainable consensus was reached to decrease the pressure on the environment and to organize its use. In these processes, as may be foreseen, ecosystem and resource destruction increased, along with disorganized and in some cases, clandestine use of resources and negative environmental management.16 c) A change in power relations In general, balance in the group of projects is precarious in relation to transforming the dominant power schemes, although dynamic modifications were produced in the power relations in almost all the cases. In fact, the periods systematized are very brief for drawing categorical conclusions and therefore the balance may be favored by those C&C Program projects that have been involved longer in the areas being studied or that have a stronger link and a longer period of time in the place of conflict. Without a doubt, in general one of the more notable aspects in terms of dynamic modifications in power relations is the process of making 16 The Yacambú Hydrographic Watershed Projects, Venezuela; Seabed Resource Management, Chile; Machu Pichu NP, Perú; the Los Pelambres Mining Company, Chile; unique, exceptional coastal lagoons of the Manaure salt mines, Colombia. CyC Program 55 ENVIRONMENTAL CROSSROADS IN LATIN AMERICA the traditionally excluded stakeholders in Latin America visible, included, and legitimized. This is especially true of indigenous people, peasants, and Afro American communities, as shown in the projects on the Water War in Cochabamba, Bolivia, the Manaure salt mines, and the Indiwasi and Pacífico Vallecaucano National Indigenous Park in Colombia, among others. To that end, some indicators of these transformations would be, in the case of indigenous people, re-establishing traditional community or ethnic authorities as interlocutors for collective decisions, coordinating the indigenous organization with the territorial police, revaluing the indigenous rules on cohabitation, applying the way of thinking based on their own culture in relation to the actions and strategies to follow. In some cases, as with the Indiwasi and the Colombian Vallecaucano Pacific, this was complemented by help from non-indigenous counselors without any imposition of criteria and procedures. This allowed for gradual normal trust relationships to develop in the processes and equitable work relations with the non-indigenous stakeholders, which later eased approaches to others, as well synergies involving legal progress with neighboring communities. In some of the projects developed in rural contexts, for their part, certain local stakeholders were empowered to go from being conflict spectators to taking leading roles in environmental management through new collective diagnostic and reflection spaces. This promotes developing an integral vision of the environment and the culture and strengthens the citizens’ commitment to their setting; as well as new community institutional arrangements that facilitate facing conflicts with third parties with a greater balance of power. In some inter-institutional contexts actions occurred involving pressure and communications campaigns that provided incentives for creating new institutional arrangements to be solved during conflicts. This way, in several of the cases there were clear moments when the power relations were modified enabling some progress in communications, agreement making, and dialogue, but did not attain substantive changes in the relationships between stakeholders or help resolve the deep causes for conflicts, due to the resistance and maneuvering by those stakeholders with greater power resources in order not to concede their interests. 56 The C&C Program experience. Therefore, some initiatives proposed recommendations to ensure a balance of power among the stakeholders when managing conflicts, such as placing “governance” indicators into practice (legitimacy and voice, justice, results information and verification, compliance with degree of enforcement, a sense of direction [the Marino Ballena National Park Case, Costa Rica]); or thinking about offsetting power devices that help weak stakeholders to deploy effective strategies to achieve their objectives, whether in the form of social pressure or negotiations (See the Crespo article, Chapter 3 of this volume). d) Recognition of cultural diversity Until a relatively short time ago, the issue of recognizing cultural diversity was practically absent from the conventional conflict resolution approaches. Instead universalistic approaches and methods that intended to be applied in all contexts ruled, and to a great degree still do. They ignored the differences in language, communications codes, time flow and perception, institutional arrangements, standards and legal systems, and local conflict resolution practices. However, during the last decade, major efforts have been made to recognize cultural diversity, as a central issue in conflict resolution practices involving ethnic groups.17 Therefore, we were interested here in exploring how and how far the experiences evaluated took the intercultural dimension into account. A first relevant issue lies in the fact that the group of research projects showed a marked absence of attention to the issues within the context of mestizo (people of mixed indigenous and Caucasian ethnicities) and urban and rural societies since recognizing cultural diversity seems to be considered to be mostly an indigenous issue. Therefore, with the exception of some cases that involved indigenous populations, most of the experiences did not reflect any special treatment of the subject. There were even cases that involved indigenous communities where longterm ethnocentric visions were reaffirmed in the state policies that impede special treatment for the cultural diversity issue (the Bío Bío Dam Case, Chile), which indicates that in the socio-environmental conflict resolution field, the challenge to building intercultural public policies still is huge. 17 As may be remembered, within the Project’s projects there are several that involve these groups: Mapuches, in Chile; Guaraní and Weenhayek, in Bolivia; Aymara, in Arequipa, and Quechua, in Cuzco, Perú; Inga, Afro-Colombian of the Pacific, Wayuu, and Raizales of San Andrés and Providencia, in Colombia; Tule, in Panamá; Guaymíes, in Costa Rica; and Mayas (Ma’m and Quiché), in Guatemala. Cfr. Chart 1. CyC Program 57 ENVIRONMENTAL CROSSROADS IN LATIN AMERICA Dealing with intercultural matters was reflected in those experiences that took into account or promoted matters such as legally adopting principles or definitions about cultural diversity; public adopting of local ethical codes; recognizing their own ethno-organizational forms; and respecting local time flow and dimensions within the agreement making or interlocution processes. In terms of ensuring long-term recognition of cultural diversity and the rights of indigenous people or ethnically differentiated societies, the most important effect of some of the conflict resolution experiences evaluated was legal adoption of cultural diversity principles, such as recognizing legal pluralism and special jurisdictions for indigenous or black populations. An example of this is the encounters promoted by the Centro de Acción Legal, Ambiental y Social (CALAS) of Guatemala between indigenous authorities from the Maya Ki´che and Mam indigenous people and official environmental management authorities. The most significant result was the signing of the Santa Lucía Declaratory Agreement, by means of which the Indigenous Peoples and Civil Society Coordination Unit was created, which seeks to take care of the matters related thereto and recognizing the customary indigenous right to use and utilize natural resources. This way, they were able to go from a situation with a total disregard and lack of respect for the traditional indigenous authorities and the Mayan standards systems to a situation where they are recognized officially and legitimately. The two cases where recognition was given to special jurisdictions as a product of conflict resolution strategies being placed into practice occurred in Colombia. One was the legal recognition that the black communities on the Vallecaucano Pacific achieved over their territories after a long struggle for possession and use of natural resources; the other was the declaration of the Nukanchipa Alpa Indiwasi National Indigenous Park as the ancestral territory of the Inga del Caquetá people. Related to this is the legal use that happened in some cases as a product of the conflict resolution strategies used, of some definitions related to recognizing cultural diversity, such as the concept of territory (the black community cases in the Vallecaucano Pacific, the Manaure salt mines, and the Inga del Caquetá people), and the peasant concept of uses and customs (the Water War Case in Cochabamba, Bolivia). 58 The C&C Program experience. The black community cases on the Vallecaucano Pacific and the Nukanchipa Alpa Indiwasi National Indigenous Park are also characterized by having achieved public adoption of local ethical codes. The former has to do with an ethnic and territorial wellbeing plan developed by the black communities after a long process of reaching internal agreements, which was then accepted by the Inter-Sector Commission on Integrated Management of the Vallecaucana Coastal Zone. In the Indiwasi National Park case, the Inga people formulated an intercultural co-government plan for joint management of the protected area that is currently in the discussion process with the National Park System authorities in Colombia. It includes a code of ethics for exercising their own non-indigenous health management, based on the yagé (Zuluaga, 2002). An increasingly frequently mentioned element to avoid eroding and debilitating the institutions and the local culture in the conflict resolution processes is the recognition of proprietary ethno-organizational ways. The case of the Mayans in Guatemala and the Wayuu and Inga in Colombia stood out – because of the public recognition achieved for traditional authorities and their institutions – as interlocutors with society at large on conflict resolution and environmental/territorial management issues. In the Indiwasi National Park case, a “collaboration” monitoring mechanism was even defined which provides legitimacy to the local authorities, following traditional indigenous conduct. This mechanism consists of submitting park management plans to the “taita (shaman) filter” which means honesty, intention, and will by non-indigenous stakeholders, as well as co-government plans being evaluated during the yagé ceremonies. However, the ethno-organizational ways do not just play a role in reproducing the local culture and its local-decision making procedures. In some cases representing the community through a formal structure that follows traditional local cultural frameworks may be a huge advantage in facing conflicts with third parties and achieving a greater balance of power in territorial or resource usage disputes. This was clearly illustrated in the case of the peasants/migratory cattle ranchers in the Valle Central de Tarija in Bolivia who, when they created the Asociación de Ganaderos del Valle Central de Tarija (AGAVAT), had an evident advantage in ensuring ownership of the migratory cattle practice posts over communities with no collective organization. CyC Program 59 ENVIRONMENTAL CROSSROADS IN LATIN AMERICA Perhaps the most difficult aspect, when developing conflict resolution strategies that recognize the intercultural dimension is to respect the local time flow and dimensions. This is a fundamental dimension in being able to develop relationships involving trust, respect, and good communications among stakeholders. The only case that evidenced a clear effort in that direction was the Nukanchipa Indiwasi National Park. Here, the parties assisting the Inga in the National Park declaration process (the Institute of Ethnobiology), exerted great efforts in developing an intercultural relationship that was gradual and did not impose western rhythms. It took more than 20 years to create a sufficiently solid base to allow an approach to the state agencies to propose creating the National Park under the current co-government structure. This implied first dedicating time and effort to resolving the Inga’s own intra-cultural conflicts produced by the cultural deterioration occurring since the Spanish colonization, such that prior to proposing joint actions with the state, they were sufficiently clear in relation to the terms with which to suggest a collaborative relationship, as well as in relation to respecting their vision of the future and society. For many, twenty years is a luxury they cannot afford when resolving socioenvironmental conflicts. But if something does illustrate the Inga’s case for us it is that most of the projects have to do with conflicts that cannot be resolved overnight or with pre-established formulas. No matter how much the development and conservation priorities impose rhythms and individual priorities on us, it is evident that if the cultural particularities of each case are not taken into account, it not only reduces the possibilities of developing a sustainable collaboration relationship over time, but that instead of being resolved, the conflicts continue to reproduce themselves cyclically over time. e) Knowledge approach, dialogue, and negotiation Since a large part of the socio-environmental conflicts owe their origin to a struggle over values, perceptions, or meanings about nature and its use, another interesting key issue to explore through the experiences generated is the way conflict resolution strategies took into account and attained an approach to the different types of knowledge. In fact, there were few projects that dealt with this dimension in the conflict resolution processes evaluated, either because the researchers did not believe it to be pertinent or because the experiences themselves did 60 The C&C Program experience. not deal with the issue. However, there were some projects that evidenced concrete effects in that sense, in relation to generating new analytical frameworks; combinations, complementary conditions, and synergies among forms of knowledge; local knowledge projections; knowledge transfer, and rejection of the dominant knowledge forms. The former, creating new analytical frameworks, is revealed in some of the participatory construction methodologies for knowledge proposed as local or “universal from local up,” related to integral diagnostics of “problems with local perceptions.” In that regard, the projects related to the Santa Lucía Wetlands in Uruguay; Valle Verde, Peru; Providencia, Colombia; and sustainable use of the Tola in Bolivia stand out. In Uruguay, for example, significant progress was made in participatory knowledge construction with key social stakeholders, “to identify values, conflicts, stakeholders, and their relationships,” based on focus group discussion that made it possible to identify the perception and the roles of men and women of different ages, and activities. As part of the information management and analysis for participatory management, work was done with the Geographic Information System (GIS) of indicators and stakeholders for the Santa Lucía Wetlands, which was then integrated with the Montivideo Municipal GIS. The combination, complementary conditions, and synergy among forms of knowledge, on the other hand, refers to cases where there was community, citizen, scientific, and technical knowledge exchange about protected areas, ecosystems, and natural resources. In that regard, the projects relating to the Indiwasi, Colombia; Bío-Bío Dams, Chile; the Colombian Vallecaucano Pacific; the Water War, Bolivia; and the Tempisque Watershed, Costa Rica; bear highlighting. Another issue to consider is the public projection of the knowledge produced in a process. In that regard, the Water War is well-known from which local knowledge dialogue was projected worldwide as a social resistance factor and as something related to building a new public policy in Bolivia whose dimensions encompass the conflict transformation issue, dealt with later in this volume. In addition, technical knowledge transfer generally is one way: toward the communities, as part of an information process in developing local conflict CyC Program 61 ENVIRONMENTAL CROSSROADS IN LATIN AMERICA management strategies (the Los Pelaumbres Mining Company Case, Chile; and the Lapa Verde Commission, Costa Rica). Finally, an example should be mentioned where, in addition to dialogue, a rejection of dominant knowledge forms was reported, or where there was less mistrust in relation to technical and scientific information due to a mixture of political and scientific competencies on the issue (the Galápagos Case, Ecuador). Chart 5.- Knowledge exchange The Water War, Cochabamba, Bolivia The Andean Vision of Water- One of the first tasks of the Consejo Interinstitucional del Agua, CONIAG, was to attain inter-sector agreement about the vision that the Bolivians have about water to then participate in a workshop where there were technicians and social representatives present from Perú, Ecuador, Chile, Colombia, and Bolivia. This document was prepared in order to present the Andean vision in the Second World Water Forum in Kyoto, Japan, which was attended by peasants, representatives and the Bolivian government. The Bolivians contribution to the vision discussion was very important, especially because of their focus from the cosmos-vision point of view, the water as a living being, etc. According to the document, the Andean vision suggests that although the vision of water in the Andean region has particularities based on the different existing indigenous cultures, the diversity of the ecological areas, the different watershed locations, and the social organization levels (communities, hamlets, plots, communities, etc.), common denominators exist that should be maintained and respected. For the Andean people, water is much more than a liquid resource. The water is perceived as a living being, a divine being, the basis for reciprocity and complementary postures, universal and community rights, an expression of flexibility and adaptability, the creator and transformer, and it serves for social recreation. The determining factors in conflict transformation The analysis of the 30 experiences determined that there are three key factors that determine the possibility or not of transforming conflicts: the nature of the relationships among the stakeholders, the structural power relations, and the dynamics and reconfigurations pertaining to the conflicts. 62 The C&C Program experience. a) The nature of the relationships among the stakeholders There are three key issues relative to the nature of the relationships among the stakeholders that were determining factors in the cases where the biggest changes and transformations in the previously described indicators were seen: each of their action strategies; the quality of the interpersonal relationships; and the role of intermediaries in the conflict. In relation to the first of these points, a detailed discussion was held about the varied action strategies used by the different stakeholders to make their visions, interest, and value prevail within the conflicts in the different projects. The dynamic modifications that occurred in the experiences evaluated in relation to the relationships among the stakeholders were part of the results of deploying the strategies pertaining to each of them. Two cases may illustrate the issue: Chart 6.- Action strategies The Galápagos, Ecuador The fishing sector is considered to be a sector with power, but as being weak politically and unorganized. The most important strategy for obtaining power on the part of the fishing sector has been civil disobedience. Throughout 2004, three strikes were recorded, in particular during the sea cucumber negotiations. The sector recognizes the efficiency of this strategy and mentions phrases such as: “if they don’t accept us, we’ll take over the Park…,” “they’re not used to it … when we block it, they’ll listen to us …,” “now that we blocked it … the authorities are really worried …” Other sectors recognize that the measures in fact are effective for the sector, but they do not believe they are legitimate since “… the measures in fact weaken the Participatory Management System, the PMS.” Another power strategy in the fishing sector is to gain the support of public stakeholders external to the PMS: congressmen, the provincial council, municipalities, the Ministry of the Interior, the National Galápagos Institute, and INGALA, among others, The public stakeholders approach the PMS in some cases because they share a feeling of marginalization and dissatisfaction that the population has toward the conservation sector (Ospina, 2004). In other cases it is because to the degree that this feeling of marginalization in relation to the conservation sector and the “big tourism companies” is held by the population, it can gain popular acceptance. CyC Program 63 ENVIRONMENTAL CROSSROADS IN LATIN AMERICA Providencia, Colombia As for transformations in relationships among the groups involved, the most notorious and important change was what happened with the Fishermen’s Cooperative and the fishing community headed by its representatives. For the committee, being the result of a project advanced by the Fishermen’s Cooperative, provided it with very important political recognition. The community organization began to be seen as legitimate and valid in channeling the fishermen’s interests and, therefore, “fit” to be taken into account in the discussions and negotiations in making decisions by the different institutions related to resource management for the fishermen in the region, who are also part of the committee. In addition, the fishermen’s representatives increased their positioning to a good degree because of the work they had previously done at each committee meeting, since it let them stay informed, prepared, and holding well-argued proposals in the institutional language. This provided them with recognition and respect, with respect to the other entities, and when it was time to dialogue, and seek a consensus, it clearly increased their power as stakeholders in the conflict. Likewise, this group of fishing representatives was aware of this change in their relationship with the institutions that were members of the committee, as a result of their commitment to and active participation in the process. Strictly associated with these strategies is the issue of the quality of interpersonal relationships for those who are involved in a given conflict, which in turn is determined by various factors: a) the strength of the local traditions in building a consensus on collective and public matters, b) the attention given to cultivating trust, respect and relationships of reciprocity and equity among the stakeholders, to which end relationship ethics codes arose as being fundamental in two cases (See Rosero and Amaya, and Madrigal, et al., in this volume); c) the role of time in developing solid collaboration relationships among the stakeholders; and d) the stability of the pre-existing institutional arrangements, reflected in indicators such as the constancy of the number of people and sectors attending meetings, holding monthly meetings, holding local meetings, the existence of help with minutes from the first meeting, openness to integrating new sectors, and decision making by consensus. All these factors come into play especially in relation to the role of intermediary agents, made up mostly during the research by the people executing the projects themselves and also by technicians, some of whom occasionally have financial support from NGOs. In almost all the experiences where they were involved, they were people with significant time on the job locally, situated in strategic decision making posts, and/or linked to the communities and their trust. Other intermediaries were some communications media, multilateral agencies, and institutional or personal advisors and allies. 64 The C&C Program experience. All together, it could be said that these intermediary stakeholders proposed themselves or embodied building inter-sector, inter-institutional and interdisciplinary alliances at different territorial levels, to contribute to or make stakeholder legitimization visible or to mediate within the conflict to make sure the phases or the confrontation dynamics in general do not become obstructed. To that end they contributed positively in some cases to sensitizing local authorities to become involved in searching for solutions and in conflict management, through building dialogue languages and unblocking conflictive situations, and in finalizing and circulating information. They contributed various ways in their role as advisors and allies: reporting on conflict dimensions, providing communications and organizational support to specific stakeholders; clarifying technical issues in conflict analysis; training about technical and legal issues; encouraging participatory research; assuming the bridge role in building interlocution and agreement agendas with national public institutions. With the indigenous populations, they contributed to revaluing local culture to the indigenous populations and outsiders; opening recognition bridges and doing away with distrust; clarifying perspectives and connecting elements that are necessary for community or institutional analysis; making agreement viable; and serving as a catalyst for internal contradictions. Some complex roles were assumed by the communications media, whose role was at first key in disseminating information about the conflict but then, in some cases, turned in favor of some economic interests in the conflict. For some multilateral agencies such as UNESCO and the World Bank, they on occasion played a pressure exertion role to force conflict resolution (Machu Pichu, Perú) or to bias the sense of public management, ignoring rural community aspirations (GTZ in Bolivia, Cochabamba: “It minimized rural participation and biased peasant assimilation and projection in workshops and agreement setting” – quoted from the project’s final report). In many cases, the external advisors were key factors in conflict transformation, at first in a positive sense in internal community information production and socialization which was decisive in building a social consensus for reaching agreements.18 However, this incidence was 18 Indiwasi, Colombia; Bío Bío, Chile; the Tempisque Watershed, Costa Rica; the Water War, Bolivia; Petrolera-Weenhayek, Bolivia; the Los Pelambres Mining Company, Chile; the Manaure salt mines, Colombia, etc. CyC Program 65 ENVIRONMENTAL CROSSROADS IN LATIN AMERICA gradually negative, particularly in the case of the Manaure salt mines, once the first advisors were relieved of their position by the dividing role of different regional political figures, which occurred based on institutional offers of rural subsidies or community support, and in creating local offices for developing private interests and through the state entities involved, which had a major influence on rupturing and fractioning local organization. A fundamental aspect of this issue is the complex role of the state in negotiations between development projects and indigenous people, which was assumed as secondary in Bolivia (oil on Guaraní and Weenhayek land), and critical in the cases in Chile and Manaure, Colombia, as a function of imposing specific results within the conflict in favor of private business interests. b) Structural power relationship expressed within political, standards, and institutional frameworks. With regard to this issue, a first relevant aspect consists of the constitutional and legal definitions in favor of inter-institutional, environmental, participatory, and concerted management; of intercultural adjustments within ethnic diversity and cultural contexts; and the recognition of legal pluralism and community jurisdictional exercises; all of which are issues recognized in many national constitutions that were renewed in Latin America during the 90’s of the last century. This element, however, in almost all the countries lacks practical application of these precepts, subordinated by the current development model and by the imposition of particular interests by the dominant economic and political groups. In second place lie the preferred public policies and/or collaboration promoters in relation to their formulation (concerted proposals for public environmental and social policies; integral negotiations with indigenous peoples), or their management scenarios (instances of shared management, communications media democratization, etc.) Thirdly, the existing institutions opened to concerted efforts, such as some protected area systems, national, regional, and local legislative proposal commissions, or organizational instances in civil society. A good example of the latter is the public indigenous associations such as a legitimate interlocutor in the proposed co-government structure in the case of the 66 The C&C Program experience. Indiwasi, Colombia, where the ethnic organizational institution (shaman) recovered and fulfilled a fundamental role in transforming intercultural conflict over territory. The result of the transformation was relevant here: an indigenous process influences creating a non-indigenous institution (a national nature park) and its work policies. However, in general this proclivity toward positive conflict transformation, present in the text of some legal and institutional frameworks, has enormous difficulty in delving deeper in some countries where experiences occurred because of: - - - The enormous asymmetries among the stakeholders involved in the conflicts (economic groups, multinational companies, poor and weak national governments, local territorial entities, local organizations and communities, etc.). The strong political and economic dependence by the municipal governments on the central government. The lack of an official response to the request for title to lands in various countries. The absence of an active citizen participation culture related specifically to “learned desperation,” expressed in statements such as “you can’t do anything when you go up against the state.” The lack of sensitization and information about what can be done for citizen rights. The fear of manipulation and of becoming involved in processes marked by persecution within authoritarian contexts. The low self-esteem and confidence of the community stakeholders. And finally, the weakness of public institutions and social organizations to impede the slowness of the processes and to precipitate results in them; where they are determining factors in resource limitation, organizational instability, systematic functionary change, and the absence of clear participation mechanisms in the public institutional offices. Other decisive aspects consist of the tensions between legality and state legitimacy (law generating and enforcement organizations), the lack of a citizen culture and special equity institutional status policies, overlaps in institutional competencies, public policy sector contradictions such as CyC Program 67 ENVIRONMENTAL CROSSROADS IN LATIN AMERICA environmental contradiction in relation to economics; that tend to impose themselves within conflicts, with nefarious effects on the environment and the indigenous populations’ living conditions. In general, based on these experiences, modification of structural relations of power was contradictory and unequal involving at time progress and in other important setbacks, in settling conflicts and public policies. There were however positive conflict transformation experiences, some of which are illustrated below. Chart 7.- Modifications of structural relations of power in conflicts The Tempisque Watershed, Costa Rica The environmental conflict in Bolsón and Ortega (CABO in Spanish) shows that local alternative conflict management (GALA in Spanish) is part of the same process, of a continuum; they are mutually propellant and together empower conditions for social change for “adaptive adjustment” in social relationships. The profound asymmetry of power among the leading stakeholders in the conflict locally (company-community group) did not allow the conditions for negotiation or settlement to be created, since until the times with the greatest tension in the conflict, the community group was not recognized as a social stakeholder or as being fit for negotiations. A contribution to this was the ambiguous intervention of local institutions with environmental authority, based on recent and unknown legislation about the role of the state in wetland conservation. -- they showed technical inexperience in valuing and delimiting these ecosystems and in facing the CABO demands. Within this political and local institutional context, the community group sought national and international allies with environmental authority and political influence. Likewise, it took advantage of the conjunction of the preparations for the Ramsar Convention to be held in Costa Rica, which promoted wetland management and conservation with a community base. The intervention by these external stakeholders allowed for legitimizing the community group’s demands on the company, instead of leveling the “playing field” locally. However, GALA’s positive impact on the environment and on the stakeholders involved in the conflict shows that community group management based on alliances with the maximum national and international environmental authorities may at this point modify local scenarios. In addition, it contributes to community initiatives acquiring alternative forms of conflict management. Enriching the local culture through scientific knowledge contributed to setting the foundation for GALA. The popular concept of the “lowlands” on the part of the community group, based on the social importance assigned it by its direct users, was enriched through the alliance with the Wetlands Department of the Universidad Nacional. The local stakeholders incorporated scientific knowledge about wetland ecological dynamics that impacted its GALA project to the degree that it broadened its territorial vision of the environmental problem. This made it possible for them to understand the need to promote concerted management among the different stakeholders with impact on the Tempisque wetlands and stimulate the company to incorporate the wetland concept and its importance into its productive rationality. 68 The C&C Program experience. The Colombian Pacific As the primary result of the analysis, it may be stated that management of conflicts over territory and natural resource use in the Valecaucano Pacific, Colombia, has historically evolved from fortifying unilateral positions, defended in may cases by the use of weapons and the creation of alliances between sectors or ethnic groups in virtue of the coincidences between their interests and cultural interpretations and from there to opening collective construction spaces where all the social sectors and public and private institutional sectors with interests in the region participate. Since this is a historical analysis, it cannot be stated whether a change in the conflict itself may have existed about possessing the land and using its resources as a consequence of the action-research process. However, what is clear is that the reflection brought up in the historic research and the conflict management proposal described next seeks to generate an impact on the way in which the regional stakeholders approach the collective construction spaces, where opposing interests are immersed with an impact that will only be able to be measured in time periods that greatly exceed the period in which the action-research is carried out. To the degree that the regional stakeholders reflect on the historical evolution of territorial conflict and natural resource usage, and appropriate the proposed instruments for managing that conflict, it will be possible to establish significant changes in the way in which the collective construction processes are treated. In almost all the experiences the institutional weaknesses of the social agreements were made evident, based specifically on the scant link between protection policies (land zoning, environmental ordinances) and economic and social promotion; the limitations on the public territorial articulations by the nation states; problems in the decentralization construction and functioning process; whether or not to institutionalize applying the previous consultation provided in the WLO’s Convention 169, signed and appraised by most of the countries in question; the non-resolution of the agrarian problem; the authoritarian, ethnocentric and unilateral character of the country’s institutional, legal and political framework (especially apparent in Bolivia and Perú) and the verticality and centralism of the decision making processes, along with the weak local organization and scant social mobilization capacity, especially in countries such as Chile and Guatemala. Added to all of this are the existing legal and institutional limitations on modifying previously agreed upon decisions in the political spheres and power economics; the institutional weakness and superimposition of functions; and the lack of political will to coordinate public actions. Finally, to these negative structural factors for conflict transformation, present in the legal and institutional frameworks, is added what has CyC Program 69 ENVIRONMENTAL CROSSROADS IN LATIN AMERICA been analytically proposed as the role of broader social contexts, which are related to the dominant fashion of the globalization process in Latin America. Although they make the social movement and alternative information network building more dynamic, as will be seen later on in light of experiences such as Cochabamba, they “generate dominant trends in society transformations, such as the apparently unshakeable conflict framework” (Chile, the Bío Bío Project). Within this context, “the state generates conflicts and reaction by civil society sectors such as resistance movements” (Bolivia, the Water War Projects, and Colombia, the Manaure salt mines Project); neo-liberal public company privatization policies, governments converted into agents of private interests; establishment of “para-stateisms” in public functions through NGOs with a proclivity for these tasks; the absence of solid institutional policies that make the conflict management processes depend more on people than on institutions; economic and financial inconsistencies; implicit government minimizing policies in friction with the economic sectors that interestingly induce public inefficiency when it comes to measuring and solving conflicts; local isolation, communication fragmentation; and entrance into the conflicts by diffuse stakeholders in globalized scenarios. All these issues weaken the possibility of or prevent building and proposing sustainable public policies. They have an influence on or arise from what must be considered to be the Latin America baseline in conflict evolution: concentration of capital and wealth; dependency; inequality in resource distribution, poverty, difficult unequal access to the market, basic services, and information; marginalization and exclusion of large social sectors; inequality in access to the legal system (immunity, discrimination, justice crises, legal process costs and complexity, etc.); the crisis in the development model due to not being sustainable and inadequate in relation to the natural base; lack of a democratic institutional culture; political crises expressed as a lack of public institution legitimacy, and “client-ism,” corruption, populism, violence; etc.19. However, as was stated earlier, the globalization process paradoxically stimulates positive aspects in conflict transformation: the fabric of Latin American social and natural diversity is increasingly visible in the 19 “Base line” which remains implicit for all the projects as a group, as occurs with the state of natural resources involved in conflicts, which could be two large fields of action for going into more depth in developing the C&C Program in its new phases (see later on). 70 The C&C Program experience. cultural identities in politics and in consensus building; the presence of global environmental agendas within relationship and local contexts; the process in public opinion’s environmental awareness; the relative universal transparency (information) in democratic government transition empowers opening social control spaces; the emergence of new issues and subjects on political agendas (diverse citizenries; environmental, cultural, and economic social rights; the indigenous peoples and the Afro American communities; the regional peasant cultures; local traditions of reaching agreement in national scenarios, etc.), as a base for social and institutional discourse articulation, social and environmental regulations and institutionalities, and new relationships with the international human rights community, multilateral organizations, and NGOs. c) Conflict dynamics and reconfigurations Transformations in power relations develop through true social dynamics that are lived within the flux of conflicts and may be distinguished by two primary aspects or dimensions: a) conflict configuration and development scales; and b) the temporary conditions of their processes. As for scales, various types of conflicts may be recognized within the C&C Program universe, based on the transcendence between one and the next, from local to international, from regional to national, and other components such as stakeholder articulations, institutional arrangements, and transformation progress and setbacks. Table 6.- Dynamics based on conflict scale diversity DYNAMICS BASED ON CONFLICT PROJECT SCALE DIVERSITY Local conflicts that transcend toward national and international settings. Machu Pichu, Perú, and the Guanacaste Wetlands, Costa Rica. Social conflicts that were transformed from interest negotiation into agreeing to set public policy at different scales. The Social Water War, Cochabamba, and the processes in the indigenous Mayan territories, Guatemala. Providencia, Galápagos, and Indiwasi. Conflicts that articulated local, regional and/or national stakeholders (community, academic, NGOs, territorial and sector entities), around institutional arrangements (management committees, work tables, etc.). CyC Program 71 ENVIRONMENTAL CROSSROADS IN LATIN AMERICA DYNAMICS BASED ON CONFLICT PROJECT SCALE DIVERSITY Conflicts with progress and setbacks in reaching agreements that ended up not being fulfilled due to unilateral imposition of interests and reaffirmation of hegemonic and exclusionary logic by the state and economic groups. The Manaure salt mines, Colombia, and the indigenous Weenhayek people vs. the oil company in Bolivia. In addition, the temporary conditions of the processes turn out to be, without a doubt, a fundamental issue in the basic conceptualization of environmental issues and in transforming structural power factors such as those set forth herein. For example, in the case of the Manaure salt mines, long incubation periods for new scenarios and issues in the conflict gave way to the emergence of confrontational stages where the stakeholders’ action strategies intensified, as did their projection on the media and related public authorities or on new stakeholders emerging in the conflicts, based on the new political and economic realities created by the public reform and economic relationship globalization process in relation to the resource that is the subject of the conflict, salt (opening and privatizing the state company, the fall of the state monopoly, and the creation of private oligopolies, etc.). This set of phenomena brings the analysis to what can be called a conflict’s historical dimension, understood to be the depth of the scope of its transformation in relation to the social structures themselves. Few projects worked explicitly on this dimension: in Colombia the projects for the Manaure salt mines (See Chart 8), the Vallecaucano Pacific (See Rodríguez in this volume), the Indiwasi Natural Indigenous Park (See Rosero and Amaya in this volume), and Providencia are relevant. They display the importance of this dimension in conflicts, to precisely state both the results and the impact of the social and natural processes taken into account. 72 The C&C Program experience. Chart 8.- Process dynamics and historic dimension. A case The Manaure Salt Mines, Colombia The effective social construction achieved by the agreement as a political and institutional process in relation to contributing to forging a rights recognition horizon and a social and political inclusion policy for the Wayuu at Manaure, has been very costly for the community and the country. The Wayuu have been excluded from a particular space that is essential to their current social reproduction, centered on industrial and semi-industrial salt production. While they were making progress in the local setting in relation to their rights being formally recognized, and in relation to maintaining the expectation that the agreement would be fulfilled, the conditions for industrial salt production and distribution in the country were changing in other national and international scenarios. Along with them the Wayuu’s enormous family and local resources were also changing. Thus, their progress in political inclusion did not match their socio-economic one, and much less the socio-cultural inclusion promised in the agreement. While the successive governments were de-structuring the public patrimony of the national salt production industry with the delivery of previously protected salt industry spaces to a few economic groups and with the material destruction of the industrial Manaure establishment, the enormous investments made in it over many decades came apart and local assistance was set up in a subsidiary fashion, selectively oriented to very precise cores in the community, as the visible local face of a dark privatization process in relation to both salt management and consolidation of the Wayuu’s articulation spaces in the country. This is the matter that was to concern the community and the public opinion sectors interested in the two issues underlying the two Manaure social conflict issues in the future. They are essential to Colombians’ identity and quality of life: food safety and the nation’s ethnic and cultural diversity, both of which are affected by the agreement not being fulfilled and are related to the Wayuu’s rights derived from the constitution, the laws, and the agreement itself. In terms of the social conflict, it went from a clear local scenario articulated nationally to a complex, changing globalized space where the power stakeholders became diffuse for the local stakeholders at least as far as their acting publicly in power relations with the national government and congress plus economic financial groups which are institutional management subjects pertaining to a political project or a development project in particular within the apparent disassociation of the economy and politics. At the time reaching an agreement was made viable because it was able to transform power conditions by surmising a scenario that was local and national at the same time where the regional power factors were revitalized and because above all else, it generated a socially excluded subject recognition dynamic, this time an indigenous community. But then, repressed and weakened by the adverse handling of the proposals stipulated to transform it, the conflict reverted what was national into something regional when the community, in its desperation in the face of stagnation in reaching an agreement, or the issue blockages centrally, delegated the political mediation and technical assessment to some regional stakeholders. They easily fell into the arms of traditional “client-ist” groups in these settings, for whom socially excluding the indigenous has been a condition of the political dynamics. CyC Program 73 ENVIRONMENTAL CROSSROADS IN LATIN AMERICA It was the latter scenario where over the last thirteen years, the Wayuu generational takeover was finalized whose current primary stakeholders, the children of traditional leaders or younger siblings of the agreement negotiation leaders, assumed tasks and initiatives without any clarity as to confrontation or negotiation. This situation gave rise to individualized institutional protagonist relationships that have barely sought formal recognition as subjects of management and interlocution, linking the old vindication and social issues to the assistance projects interestingly offered through official manipulation. Thus a profound “de-centering” of the work issues and the struggle over salt was produced. They were concrete forms of a new Wayuu social domination and exclusion process, this time by turning their culture and resources into something folkloric: an isolated, relatively closed handcraft project, especially weavings; and diffuse tourism and seaport mega-projects. Interestingly, they still agitate from time to time about local development management and in some illusive sense as the only concrete elements in the 1991 agreement negotiation. A proposal for illustrating conflict transformation factors Reading and analyzing the 30 research projects housed in the Program has made it possible to prepare an instrument to graphically illustrate the primary elements that determine the dynamics of socio-environmental conflict transformation in our region. These elements are: a) The conflict evolution levels. These fluctuate from situations where conflicts are latent or where confrontation due to negation of the other, unilateral impositions, and repression dominates, to situations where the conflict has become explicit and is in the improvement process due to recognition of “the other” and the search for mutual understanding. b) The stakeholders’ strategies in the conflict interaction, whether adversarial or collaborative; c) The power and legitimacy factors, expressed as a range that runs from particular interest and/or public policy application, inclusive and exclusive in each case; and d) The progress in solving them either through management approaches, transformative approaches or through building “governmentality” conditions in a given case (Cfr. the essay by Carlos Crespo in this volume). Figure 1 presented conflict evolution aspects based on the first two types of elements. In this case the aim is to correlate the interactions among the stakeholders with the power relations and the crystallization of this evolution in reference to the last two elements. If the strategies are crossed 74 The C&C Program experience. with the evolution levels , and attention is paid to the power dimensions that express the transformation (“crystallizations” of particular interests or public policies), the transformation can be graphed, inscribing the initial evolution triangle within a reference framework about the status and results of a conflict process. The graph is complex indeed (See Figure 2), but it may be used to analytically represent the process within a determined systematization: Figure 2.- A graphic illustration of conflict transformation Conflict Evolution Gobernmentality Building* Transformation Adversarial Strategies Unilateral Strategies Management Management -------------------------------- Transformation -------------------------------------- ------------------------------------ Depth of the Conflict Resolution Process. --------------------------------------------- Collaborative Strategies Depth of the Conflict Resolution Process. Shared and/or Jointly Defined Strategies Latent Conflict/ Confrontation: repression/unilateral use of power Cristallizations of the Process (All-inclusive Interests) Conflict is made explicit: mutual agreements/ acknowledgement of the other Gobernmentality Building* Crystallizations of the Process (All-exclusive interests) Crystallizations of the process (legitimate public rules of play**) Crystallizations of the process (illegitimate public rules of play**) *Governmentality (structural and integral factors of governance – including political, social, and cultural issues such as mutual recognition among stakeholders, legitimacies, public institutionality, etc.) (Cfr. the essay by Carlos Crespo in this volume). **Legitimate public rules of play (recognized by all parties). The aim of this instrument is to propose a conceptual and methodological reference point to analyze given experiences. Many of its concrete possibilities may be seen in the light of the experiences included in this volume. No more progress is being made here in this respect because the idea is for the authors to elaborate on it later through future joint efforts of critical analysis on the subject in our countries. 20 20 Some development work has been done on the Latin American group of socio-environmental conflicts, included as an epilogue to this volume. CyC Program 75 ENVIRONMENTAL CROSSROADS IN LATIN AMERICA THE ACTION-RESEARCH CONTRIBUTIONS TO TRANSFORMING SOCIO-ENVIRONMENTAL CONFLICTS Another of the Program’s dimensions that is interesting to explore, other than what was discussed previously, but related to it, is the possible contribution of the research projects to consolidating the conflict management and/or transformation processes. Based on the character of the announcements that C&C issued in both phases, almost all the projects applied an action-research focus that was developed in many cases with the participation of key stakeholders within the conflict. Among the more frequently achievements mentioned by the investigators in the use of this research approach are: action-research provided for reflection by the stakeholders about the cause of conflicts and the methods used to resolve them and to create consensual visions in favor of conservation. All this helped to systematize, organize, and socialize the local processes (or historic memory) in resolving conflicts and building concerted visions. This favored progress toward a change in attitude, perceptions and the conflict stakeholders’ willingness, or strengthened the local stakeholders and the links between the researchers and the grass roots organizations. This was achieved through a broad range of methodological approaches that varied from interest and conflict analysis workshops, social construct analysis, critical reality analysis, development of local organizational capabilities, and the use of community mapping. Chapter 3 in this book has a sample of some of these methods and a detailed discussion of their contributions and concrete limitations as to conflict transformation in some of the cases analyzed. Despite its contributions, action-research faces serious limitations to consolidating conflict management and/or transformation processes that should be highlighted here. Some research projects (for example, the Manaure salt mines, Colombia; the Marino Ballena National Park, Costa Rica, and the Galápagos, among others) faced, and still do, many difficulties in synchronizing the times scheduled for field activities, with the community life times, and especially with the dynamics of the local organization representatives. For example, the salt mine project, faced with 76 The C&C Program experience. community divisions caused by the demands of the legal representatives and the difficulties in agreement negotiation, confronted difficulties in acting in favor of all the Wayuu sectors, without becoming involved in those differences. In addition, in certain cases conflicts had different faces, processes, and transformations that evidenced other conflict levels that were not always originally considered by the researchers. This, generated in the concrete case of, for example, the Providencia project in Colombia, other forms of unexpected conflicts that changed the course of the “research problems”, imposing paths that were not seen at the beginning, but that in any case were enriching for the alternative conflict management process. Also, with inter-ethnic relationships within the conflicts, limitations were evidenced on working in all the communities initially included in the studies, due in part to underestimating the technical difficulties and the cultural barriers to applying pre-established action-research approaches. One of the factors that was seldom taken into account by the researchers was the need to allow for flexibility in developing project activities, for instance to sensitize the territorial authorities about the research objectives or make adaptations to local languages. In some cases it became necessary to make methodological adjustments along the way to assume the role of mediator and facilitator in conflicts. Another order of problems in inserting the projects into the conflict resolution processes and in valuating their impact, had to do with more general factors such as current national policies and processes as complex as war (in the case of Colombia). CONCLUSIONS Individually, the 30 C&C research projects provide us with a wide range of information that will help us better focus our efforts to resolve future socio-environmental conflicts in the region. Conceptual issues The conceptual approaches used for socio-environmental conflict resolution varied as much as the 30 conflicts studied. This is evident CyC Program 77 ENVIRONMENTAL CROSSROADS IN LATIN AMERICA by how many different research concepts were used to approach the aforementioned projects as well as the different conflict resolution approaches adopted by each project. Generally however, there is evidence to suggest that the Program is slowly moving from a “conflict management” approach that favors instrumental and methodological conflict solutions, towards a broader approach that emphasizes the political nature of the socio-environmental conflicts in our region, and that prioritizes structural long-term solutions to them. This is reflected in the differences there are between the projects of the Program’s 1st and 2nd phase regarding the predominant conceptualizations concerning the socio-environmental conflict represented in both groups of projects, and in the understanding of their structural complex causes. It is also evident in a number of phase 2 projects that point out that an integral approach to the issue requires concepts that open up discussion about conflicts and their causes in relation to broader social and institutional realities, and in this way to be able to transcend the merely instrument part of conflict resolution. This implies focusing socioenvironmental conflict resolution as part of sustainable development processes and promoting good governmentability and inter-cultural practices within the state. Despite this shift in approach between the two Program phases, many of the projects make it explicitly or implicitly clear that there is a considerable conceptual void when it comes to conflict resolution approaches and analysis. Collectively building a conceptual framework that addresses the reality and nature of socio-environmental conflicts in our region has become one of the greatest challenges that we who do research in this field will have to face in the future. Conflict resolution strategies Many more socio-environmental conflict resolution strategies are being used in our region than those conventionally considered, such as reconciliation, negotiation, conciliation and arbitration. Using one or another of these strategies depends on the stakeholders involved who will promote or develop them, the power resources they have available, and the power relations that exist between them. 78 The C&C Program experience. Interestingly, the projects reveal that State stakeholders tend to go with strategies that favor a more efficient, organized, and in some cases, more equitable environmental and territorial management. On the other hand, NGOs, and grassroots organizations, tend to go with strategies that seek greater respect for and attention to local perspectives and forms of social organization in environmental planning and implementing development policies. These different ways of dealing with conflict resolution reflect a latent tension in the region between what is collaborative and what is adversarial, as possible ways of resolving socio-environmental conflicts. An important part of the collaborative solutions are being promoted by State stakeholders that seek to maintain the existing power relations, without questioning or substantially modifying the deeper causes that give rise to the conflicts. In many cases, this becomes obvious participatory decision making and environmental planning processes that do not go beyond symbolic and social co-option exercises, instead of rights and responsibility distribution processes in environmental management and use. On the other hand, grassroots organizations and in many cases the NGOs, rather than opting for collaborative strategies, tend to turn to more adversarial strategies as a way of generating the conditions necessary for dialogue and in some cases, possible collaboration. This questions the viability per se of the non-adversarial approaches being able to resolve environmental conflicts in Latin America. In situations where there are marked differences in power, as is characteristic in the region which is adversarial, it frequently becomes a necessary condition in order to make room for more equitable and just collaboration processes. From results obtained from the 30 research projects, it is clear that the viability of collaborative socio-environmental conflict management and the sustainability of long term agreements, depends to a large extent, on the possibility of overcoming the large power asymmetries existing in our region. The research projects reveal, that many times in order to achieve this, more than “manage a conflict” one has to make it emerge, promote it, and feed it so that the weaker stakeholders can be strengthened and be in a more advantageous position to jointly dialogue and build consensual solutions with other stakeholders. CyC Program 79 ENVIRONMENTAL CROSSROADS IN LATIN AMERICA In many cases this implies the use of adversarial methods in order to apply social pressure such as protests, marches, and lobbying. It is also true though that a number of projects, which applied adversarial conflict resolution mechanisms, also showed that social pressure is not enough to ensure the necessary conditions needed for dialog and social change. Social pressure is much more effective when it is accompanied by a previous process at the local level concerning the construction of visions of the future and a classification of perspectives and interest. This is precisely where the Program’s value becomes evident in the absence and/or weaknesses of the State with regard to conflict resolution. The C&C Program, because of its very research nature, has to date had a limited role in supporting profound social changes in the socio-environmental conflicts studied. However, it is compensating, to a certain point, the huge absence and weaknesses of the States in managing and resolving environmental conflicts. Today we unquestionably live in a period our region in which NGOs, grassroots organizations, the academic sector, and to a lesser degree, the business sector, are assuming many of the conventional responsibilities of the State. Within that context, the Program is not only, not exempt, but it is also a good reflection of this reality. NGOs and the academic sectors have so far assumed, with greater emphasis, the tasks of evaluating conflict resolution experiences that are currently under way and of suggesting new approaches that make it possible to generate more just, equitable, sustainable environmental management in the region. Although in some cases in the research there was co-participation by some governmental stakeholders, the real motor behind the projects were these two sectors. The effect of the experiences Most of the experiences evaluated evidence few substantial contributions in long-term conflict transformation, particularly in terms of developing more just and equitable relations among the stakeholders, or in changes concerning power relations, or in modifying the dominant institutional and political frameworks. 80 The C&C Program experience. This is due, in part, to the fact that most of the processes evaluated only have a relatively short lifetime, and conflict transformation is something that can only be observed in the long term due to the complex causes behind it. However, the lack of conceptual frameworks that help to understand and analyze the complex nature of conflicts prior to trying to resolve them, contributes to the fact that the strategies put into practice mostly remain at a superficial level. The marked power asymmetries that characterize the conflicts studied, also strongly limit the road to transformation. Therefore, more than profound transformations, the projects indicate that there have been achievements in terms of building consensual visions, promoting dialogue among the stakeholders and the formulation of public policies that positively contribute to developing a culture of dialogue and agreement among the stakeholders. In some cases these achievements last over time and become consolidated, but in others there are major setbacks that force the stakeholders to re-think strategies. This tells us that more than being a static processes, conflict transformation should be seen as a dynamic, constantly moving process. What at times may be seen as a major achievement, after a time may not be so, and vice versa, depending on how the strategies are being articulated among the stakeholders in response to their respective interests, values, and social perspectives. They may or may not be built on public policies that acknowledge the diversity of interests and world-views. The experiences evaluated indicate that the intermediary agents such as NGOs, academics institutions, and in many cases, even personal advisors, play a major role in this process by both helping to strengthen the weaker stakeholders and filling the huge void of Latin American states in their role of mediators. The quality of interpersonal relationships, and particularly building solid trust relations that respect different stakeholders’ rhythms and notions of time, stand out as a key element to be taken into account during the mediation processes. Among the structural challenges in the political and institutional frameworks that may block this process and that must be confronted in the future by the different stakeholders, stand out: the existing legal and institutional limitations on modifying previously agreed upon decisions in political and economic power spheres; the institutional weakness and the overlap of functions; marked political and economic dependence by the CyC Program 81 ENVIRONMENTAL CROSSROADS IN LATIN AMERICA municipal governments on the central government; the lack of political will to coordinate public actions, the absence of civic culture and of institutionalized equity policies. The C&C Program’s impact The C&C Program’s impact may be measured at two levels: a) the contribution by each research project in promoting and consolidating change or building consensus among the stakeholders, and b) the scope of Program in relation to the nature of conflicts in the region. As for the former, the Program substantially contributed in: a) supporting local processes which helped the stakeholders reflect about the cause of conflicts and the methods used to resolve them and to create consensual visions in favor of conservation; b) helping to systematize, organize and socialize the local processes (or the historic memory) in conflict resolution and building agreed upon visions; c) helping to advance toward a change in attitude, perceptions and willingness on the stakeholders’ participating in the conflicts, and d) strengthening local stakeholders and the links between researchers and grass roots organizations. These contributions are seen more clearly and concretely in the projects in phase 2, where there was a clear effort from the beginning to create a common language and participatory methodology for analyzing the conflicts by using methods to analyze Power – Interest – Legitimacy (PIL) or Power – Interest- Need (PIN). All of this indicates that the action-research approach may play an important role in strengthening the key stakeholders in the conflicts or dialogue and consensus processes among them, although not necessarily in effective and long-term conflict transformation. Some problems that still need to be solved or challenges that may possibly continue to be confronted when using this research approach include: a) the limitations imposed by the inter-ethnic relationships to develop participatory research processes, b) the need to develop appropriate informed consent processes to avoid the research itself turning into a source of conflicts, c) openness to the research triggering or causing other conflict levels or phases to emerge, d) synchronization of the times scheduled for field activities, with the community life times and especially the dynamics of the local representative organizations, and e) more general factors such as the current national policies, and such complex processes as war or the imposition of polarizing or simplifying policies for social conflicts 82 The C&C Program experience. that complicate or prevent the research process as was foreseen at the beginning. As for the Program’s scope in relation to the nature of environmental conflicts, we can conclude the following: - In the future it would be ideal to achieve a clearer link between the individual experiences and the globalized nature of the environmental conflicts in the region. - The Program has not been able to significantly integrate public managing entities, companies or large civil society foundations, perhaps as a result of a particular bias towards strengthening grass roots stakeholders in the conflict resolution processes when designing the announcements. In the future, an evaluation would need to be made about whether it is of interest to more actively integrate State and private enterprise stakeholders, or to maintain this particular bias. - More than in-depth research, the funded projects systematized the conflict resolution experiences. This is due in large part to the existing conceptual limitations at the time of conflict analysis. Therefore, in order to be able to realize the complex nature of the conflicts in our region, it is important in the future to support processes with more reflection and conceptual construction in relation to the subject. - It is evident that, given the shift that is in evidence in the program from a conflict management approach towards a conflict transformation approach, currently the program leans more toward the second approach than the first. However, greater clarity in the Program’s actions in the future will require a clearer positioning in relation to one or another line of thinking and action. CyC Program 83 ENVIRONMENTAL CROSSROADS IN LATIN AMERICA About a necessary phase 3 One last conclusion is evident from the lessons learned throughout the C&C process: the importance of Program continuity. This is important considering the wealth of approaches in socio-environmental conflict resolution and the results obtained from them promoting environmental public policies that contribute to peace and sustainable development in Latin America. The first aspect involved in ensuring the continuity of the program is sharing the results throughout the region and within each participating country. Another one includes consolidating its components and the existing interactions among its members, through exchanges like the ones that took place on the second phase of the program on themes like indigenous peoples, protected areas and rural-urban contexts. This process could be developed through a transition phase, in which a “C&C Network” is formally structured with the support of a focal group that takes on board the organization of a data base of people, research teams and participating institutions together with development of the communication strategy. A possible step in this direction would be the dissemination and discussion of lessons, through which the strengths and limitations of phases 1 and 2 are adequately discussed and the profile of a new phase, including alliances and funding strategies, are jointly defined among the Program members. A possible work horizon for the C&C Network would be to develop four themes that have jet not been sufficiently addressed in the Program: the impact of conflict resolution strategies on the state of natural resources, environmental conflicts in urban contexts, inequity and the crisis of the judicial system and of the relationship with nature in Latin America and the impact of globalization on local and regional contexts. BIBLIOGRAPHY AND/OR SOURCES CONSULTED: BUCKLES, Daniel. (Ed.) (2000). Cultivar la paz. Conflicto y colaboración en el manejo de los recursos naturales. Ottawa, Canada, IDRC. CARRIZOSA UMAÑA, Julio. (2001) ¿Qué es ambientalismo? La visión ambiental compleja. 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