Resources and Tools for Commons

This Section is designed to enable each of us to decide what's next in furthering the Commons.    

  • Social Charters: Praxis of the Commons - James Quilligan provides an excellent overview of the purpose and functioning of commons social charters. This is a draft document. Because it is still being worked please do not distribute it until we can provide the completed version.

Examples of existing commons around the world

1. A commons in Italy:  http://www.bollier.org/mayor-naples-champions-commons

2. Commons in India/Rajasthan:   http://www.bollier.org/rural-commons-india

http://www.energybulletin.net/stories/2012-01-19/rajasthans-cutting-edge-public-policies-promote-land-commons

3. Building commons in US around the Great Lakes http://onthecommons.org/work/commons-network/great-lakes-commons

    A shared and open map that dares to re-orient ourselves to the Great Lakes bio-region:     http://www.greatlakescommonsmap.org/

4. OWS Making Worlds workshops Febr. 2012:

http://makingworlds.wikispaces.com/Workshops

5. Key elements of a Social Charter for commons activists, by Kevin Hansen:

http://pierreterre.com/blog/key-elements-social-charter-give-legitimacy-commons-focused-activism

6. Registers for commons in UK: there must be a register for common land held by every county council or London borough: 

http://www.cambridgeshire.gov.uk/environment/countrysideandrights/public/common+village/Commons+Register.htm

7. Commons in South Africa:  Has brilliant practical messages for building commons, for communities, NGO’s and policymakers.

http://cordis.europa.eu/search/index.cfm?fuseaction=result.document&RS_LANG=IT&RS_RCN=12662473&q=

The specific objectives of CROSCOG were to create a network of researchers and practitioners on commons governance that reaches across the boundaries of particular resources and eco-systems. It was also to identify and share lessons from recent research about encouraging positive conservation practices across large areas and management multiple-use commons with a comprehensive eco-system based approach. CROSCOG aimed to share these lessons with a broad audience including the global scientific community, policymakers in Southern Africa, and local communities in Southern Africa through specific, targeted outreach efforts. 

Messages to communities 

  1. Commons are life: You know how important the commons are to your livelihoods. Be strong and active in defending your commons and promoting ways to use and manage them sustainably to benefit local people. 
  2. You can take the lead: Communities do not always have to be the passive recipients or objects of outside policies, programmes and interventions. It is possible for communities to take the initiative towards outside authorities, pushing their own ideas and agendas without always needing to be in reactive mode. Build collaborative platforms and coalitions between communities to represent your interests to outside authorities. Negotiate strongly with the state and the private sector when the acquisition or use of your resources is proposed - protect your interests! Seek advice and support from NGOs or other facilitators to strengthen your positions. 
  3. Your science is valid: Rural people have valuable environmental knowledge that deserves as much respect as the knowledge of outside scientists. Treasure and build on the environmental science in your community. Seek ways to apply it and to merge it with outside science. 
  4. Build on the strengths of your local institutions: Look for strengths in your existing local institutions for the management of natural resources - including your customary law - and advocate the roles of these local institutions where these can make an equitable and effective contribution to sustainable land use and livelihoods. 
  5. Seek ways to use the opportunities provided by local government: Learn the strengths and weaknesses of your local government systems. For example, it may be possible to enact district council bylaws that will help you to govern your natural resources. Exploit whatever opportunities existing legislation and institutional structures may offer you. 

Messages to NGOs

The governance of the commons can succeed in southern Africa. There are many cases of successful governance of the southern African commons: programmes, projects and strategies that have benefited rural people in an environmentally sustainable way. Learn all you can about these successes, and help communities to learn about them too. 

1.    Co-learning with communities: Be ready to learn from and with communities, seeking insights into their systems of environmental knowledge, customary law and governance. Work with communities to build space for adaptive learning and management, deepening local scientific knowledge and building management systems that do not automatically depend only on exogenous science. 

2.    Create space for dialogue: Seek ways to create space and platforms for dialogue between stakeholders and interest groups within communities so as to build consensus and strengthen community positions for negotiation with outside authorities. 

3.    Help build coalitions: Communities can take the lead, but need support in building dialogue, coalitions and joint platforms to formulate and promote their interests and strategies towards outside agencies. They can be more effective when they scale up horisontally and take strong joint positions. 

4.    Avoid multiplication of local institutions: Communities suffer when each agency or project invents a new committee for forestry, conservation, water, wildlife or whatever. Work through existing structures whenever feasible and appropriate. 

5.    Help build community initiatives and authority: Respect community level institutions and initiatives. Help them build their political power in the natural resource management arena, to strengthen their profile vis-a-vis external authorities. This has economic and operational advantages: community resource management is often cheaper and better respected than the enforcement of statute law by outside agencies. Customary law may still have a significant role to play in this regard. 

6.    Ensure community benefits: Ensure that all conservation initiatives generate tangible benefits for local people and that these outweigh the costs that they impose on the community. Help them appraise proposals for commoditisation of their commons critically and to resist interventions that threaten their livelihoods. Develop NGO skills to support communities in negotiating hard deals with the state and the private sector that assure and promote community interests. 

7.    Seek profound simplicity and apply those insights: Avoid overly theoretical or scientific approaches. Do not automatically use templates for community consultation and involvement. Take time to learn and appreciate the profound realities and to express their operational implications in simple and practicable terms. 

8.    The power of maps: Help communities to counter outside constructions and mappings of their realities: use new technologies to help integrate and combine their spatial and environmental perceptions into larger scale maps of resources and management priorities. 

Messages to policymakers  

The commons are ecological systems that are critical for livelihoods: Most ecological systems are commons and shaped by human use that must be managed. This is true from local fisheries and grasslands to global commons such as the atmosphere. Commons play a critical role in livelihoods and ecological systems even at relatively higher scales. For example, forest commons on the local level make an important contribution to solving problems of climate change that are themselves a global-scale commons. Commons need protection and the state alone cannot provide this protection. This requires local involvement (meeting basic needs and promoting fair access to resources through effective policies). 

1.    The government's responsibility in enabling local involvement: Community structures need to be legally empowered instead of repeating the all too frequent tendency to criminalise livelihoods through micro-management of the commons. Policymakers need to reinforce the critical role played by local communities and customary practices because they reflect the community's various moral, social, political, and economic incentives that drive human behaviour. Government achieves its objectives when problems are solved by local communities. The role that government must play is ensuring that these processes are transparent, fair and legitimate. 

2.    Scaling up existing practices is a key to sustainable commons: Large scale and complex commons can in fact be managed when local people are involved. Governments should start with what they find on the ground. Some actions tear commons down while others preserve and sustain them; it is these latter actions, these practices of sustainable commons management, which must be replicated to meet the challenge of large scale and complex commons. 


Section 2: Dissemination of Knowledge 

The messages identified above have been and are being directed to specific audiences including community members, policy makers, and NGO working in sustainable development. The most important dissemination activity was the Policy Event in Cape Town which was attended by policy people as well as scholars from across Southern African and with some representation from Eastern Africa and Europe. The community and NGO messages are being distributed through a community information sheet and by radio broadcasts that have taken place in Zambia and Botswana. The NGO and policymaker messages have been published as one of the well-known PLAAS policy brief series and have been disseminated through that organisation's policy network. 

Section 3: Publishable Results 

CROSCOG has produced and submitted a total of 23 scholarly papers. These included two overall theme papers that pulled together information from all cases. It also included three cross-case comparisons on special themes: tourism, redressing historical discrimination in pelagic fisheries, and fisheries co-management. The remainder of the papers described lessons coming from specific cases of commons management. 

For more examples see also http://www.schoolofcommoning.com/content/health-commons-resources

8. Open Commons Region Linz    http://www.linz.at/leben/opencommonsregion.asp

 

Group content visibility: 
Public - accessible to all site users

Social Charters: Praxis of the Commons

Sections:

 

Beyond the Market State

There are two operating systems involved in the provision and allocation of goods and services in modern society. Each has familiar roots in history. Adam Smithʼs legacy is that the self-interest of individual producers and consumers competing through the market automatically maximizes their welfare and that of everyone else. The legacy of Thomas Hobbes is that the self-interest of individuals who maximize their own welfare inevitably leads to social chaos and conflict, requiring state authority and the legal use of coercion. Since the Industrial Revolution, these seemingly divergent philosophies have fused into a single center of authority -- the Market State -- with the market responsible for economic productivity and the state for social control. Unlike decentralized systems which lead to disorder, inefficiency and waste, this monocentric order is said to optimize efficiency through centralization and the division of labor. Yet there is much evidence to the contrary. Modern markets and sovereign states are highly inefficient in providing and allocating resources simultaneously at different levels of human need and demand. By suppressing cross-scale linkages of common goods and profiting from mismatches in scale, the worldʼs hierarchical distribution structures prevent individuals from sustaining long-term productive use of their own resources.

The Market State cannot effectively provide goods and services to meet the needs of people for two reasons. First, through its bureaucratic rules and institutions, the Market State separates resource producers and providers from resource users, resulting in a division between individuals and groups which produce goods and services and those who consume them. When goods and services are not produced and consumed by the same people, they degenerate into meaningless commodities with negligible value. Second, by focusing mainly on aggregate data in their decisions on resources, modern markets and public administration exclude the intrinsic value of human and ecological well-being. When the primary source of human meaning is mediated by prices, commodities and private property, individuals are cut off from the natural wealth of their local/regional ecosystems and global commons; the social wealth of families, voluntary associations and communities; and the ideas, beliefs and cultural practices of others.

 

Co-Production

Presently, the market creates value by enclosing a common area with fences or borders (to extract its resources for production and deposit the ensuing waste), while the state defends this privatized property through its monopoly powers of enforcement. Yet there are a variety of institutional domains that foster and maintain collective resources outside of this framework. Many alternative systems have developed parallel sets of norms and rules to oversee their commons sustainably, preserving the autonomy and freedom of individual choice and generating higher efficiency than can be gained through distributive enterprises operated as private monopolies or state hierarchies.

These resource communities incorporate the underlying principles of the Market State -- the spontaneous, self-regulating social order of markets and the rule-based systems of state enforcement -- yet go beyond them by rejecting privatization, centralization and the idea that institutional change can come only from the top of a social hierarchy. People in traditional communities generate resilient and effective resource management based on local ideas, learning, imagination and deliberation. Emerging commons such as the internet demonstrate similar properties of shared administration and value creation through social innovation and open designs. Such centers of decision-making, focused on the choices of individuals and the institutional context of those choices through dialogue and negotiation, enable individuals in diverse communities to discern their common interests for self-corrective action. Hence, the institutional structures of the commons -- formally independent of each other yet guided according to social rules -- are a realm of production and governance beyond the modern division of labor.

The key is involving resource users in the process of production. This should be self- evident, since users are often the first to recognize problems and identify solutions in the allocation and provision of common goods. Praxis is the enactment or realization of a lesson or skill. In contrast to the Market Stateʼs model of the Ê»deliveryʼ of goods and services to a passive public, when consumers are co-producers of the goods and services they receive and organize, this practical and applied knowledge is embodied directly in their commoning. As co-producers, the motivations, knowledge and skills of resource users become part of the production praxis, leading to new ways of interacting and coordinating social and economic life. When people rediscover their shared labor, which they have minimized over the centuries through individual citizenship in the Market State, these new forms of production will transform current modes of economic, social and political decision-making. Hence, the praxis of the commons (the participative and power-sharing forms of organization among resource users and producers/ providers) isnʼt really new. Itʼs the ancient but much-neglected foundation of community.

 

Co-Governance

When resources are mismanaged, the development of covenants and institutions by consumer-producers is a critical step in protecting and sustaining them. A social charter is a formal declaration which outlines the rights and incentives of a community -- involving both local jurisdictions and the multijurisdictional environment -- for the supervision and protection of a common resource. The charter describes patterns of relationships between the resource and its users, managers and producers, allowing them all an opportunity to voice the mutual interests and responsibilities emerging from their rights to these common goods. The social charter empowers a geographical group and a broader association of stakeholders to hold a commons in trust for its beneficiaries, thereby safeguarding these vulnerable resources from the growing pressure to exploit them. This ensures that marginalized groups have access to common goods and that the benefits arising from their use are distributed in a fair and cooperative manner for present and future generations. Effective maintenance and preservation of a particular commons is thus generated through the collective action of citizens, customary representatives, social networks, academics, scientists, bilateral donors, development partners, regional organizers, intergovernmental organizations, independent media and other stakeholders -- with limited input from government and the private sector.

By encouraging a range of self-organizing capacities, social charters give substantial discretion to individuals in designing effective institutions matched to the local, regional and global scales of vital goods and services. This enables a diversity of individuals and officials to make rule-based adjustments for the stewardship of their commons through multiple centers of power and decision-making. Social charters have been developed for forests, pastures, irrigation systems, water, fisheries, internet, knowledge, genetic resources, public health, energy, landscapes, historic sites and other domains. Examples of commons-based social charters include Heritable Innovation Trust; Creative Commons; WANA (West Asia-North Africa) Forum; Charter of the Cultural Forum of Barcelona for Innovation, Creativity and Access to Knowledge; Praja Foundation; Pacific Youth Charter; Peopleʼs Charter for Health; and the Sky Charter proposed by State of the World Forum. Resource communities like these express the values of democracy, equity and justice by managing a commons as directly and locally as possible. Through their transparent decision-making and decentralized control, such social chartered initiatives generate an entirely new context for collective action.

 

Rights of the Commons

Social charters are based on commons rights. Commons rights differ from human rights and civil rights because they arise, not through the legislation of a state, but through a customary or emerging identification with an ecology, a cultural resource area, a social need or a form of mutual labor. By expressing the rationale behind a groupʼs collective actions and the importance of understanding who shares what, how it is shared, and how it may be sustained for future generations and species, commons rights affirm the sovereignty of people over their means of sustenance and well-being. In the early 21st century, there is an emerging recognition around the world that human beings are sovereign -- not their governments. Instead of seeking individual and human rights from the state, people may now claim long-term authority over resources, governance and social value as their planetary birthrights, whether at a local or global level. As an initiative of citizens and officials for governing the use and disposition of resources, those who create a social charter thus ensure that administrative power is decentralized in order to maintain community access to, and power over, their own commons.

Business and government are both needed for a commons to flourish, but under new sets of conditions. Through the increasing awareness of peopleʼs inherent rights to their shared resources, businesses will ultimately recognize their dependence on these common goods, and governments will give as much attention and support to the local institutions of the commons as they currently extend to private companies. As commons stakeholders create their own formal declarations and institutions, the role of the state will become much more balanced between enabling the people of the commons and enabling corporations. After all, commons and businesses are the worldʼs two primary sources of value creation. Instead of regulating commerce and finance in the public interest (while also regulating the commons for the benefit of commerce and finance), a new responsibility of the state will be to recognize peopleʼs locally developed rules for a commons by confirming and upholding their social charters. This allows resource communities to enforce their own rules and coordinate their sources of sustenance, livelihood and collective wealth without being challenged by external authorities.


To Create a Social Charter

With the growing interconnectivity of people, goods, technology and institutions, a new approach is needed for a new world. Instead of the unitary decision-making, monitoring and enforcement of the Market State, social charters focus the praxis of a commons upon the characteristics of goods and services and the freedom of choice of resource users in production and governance. This expression of autonomy, intentionality and intelligence around the shared values of collective production and consumption represents a new ontology of social order. When people discover or invent a commons, their self-interest aligns with collective interests and relationships, and this personal engagement and independence is distributed throughout the collaborative network. The framework of a social charter operationalizes these emerging interests and practices, generating higher efficiency, more secure livelihoods, and greater personal and social meaning than enterprises which presume that individuals must be supervised through the command structures and exclusionary boundaries of private and state property. Since every commons varies by its specific resources, history, means of governance and production, and the social and cultural character of the community which uses or produces these common goods, there is no universal template for social charters. But a practical baseline is emerging. A social charter for a particular commons would include:

 

1. Vision and Mission Statement

2. Historical Claims
• a description of the existing users, boundaries, power and control of a commons
• a summary of traditional or emerging claims to legitimacy and responsibility for
preserving the common resource
• a notice of claims to reparations or re-territorialization of resource boundaries

3. Rights to Fair Access and Use
• a declaration of the usersʼ rights to organize and participate in the development of new institutions and rules
• a statement of the entitlements and responsibilities of users, managers, and producers of the commons
• a statement of equitably shared benefits, quality standards and safeguards
• a code of ethics and common values

4. Resource Management
• a quantifiable set of non-monetized metrics for measuring the common resource
• a means of matching the rules of provision and appropriation to local conditions
• a framework for democratic and transparent decision-making and participation
• a structure of accountability for conflict resolution and redress of grievances
• a process of monitoring and evaluation

 

 

AUTHOR
James Bernard Quilligan has been an analyst and administrator in the field of international development since 1975. He has served as a policy advisor and writer for many politicians and leaders, in- cluding Pierre Trudeau , Francois Mitterand, Julius Nyerere, Olof Palme, Willy Brandt, Jimmy Carter and HRH Prince El Hassan. 
SOURCE
Global Commons Trust -  provides information and support for creating social charters and commons trusts: www.globalcommonstrust.org