LEGAL AND REGULATORY FRAMEWORK

Rationale

The Legal and Regulatory Framework programme encompasses issues and priorities related to creating enabling environment for implementation of other programmes in the context of local and global trends that include institutional change, decentralization, privatisation, gender sensitive participatory management and biodiversity conservation.

Objectives and indicators

The programme objectives and indicators are given in the Box below:

Priorities

The forest regulatory instruments have largely served on controlling forest resources utilization even where local frameworks such as by-laws and guidelines have been developed. The existing laws inadequately address the strong emergence of community and private sector involvement in forestry as well as institutional change towards establishment and operation of Executive Agency (cies). While the Forest Act address these inadequacies, concerns on formulating appropriate regulations and guidelines for active and sustainable forest management is paramount. All the sub-programmes for the programme are of top priority:

(a) Development of Laws and Regulations

(b) Harmonization of Regulations, and

(c) Development of Sector-specific Environmental Impact Assessment Guidelines

Sub-programmes

Development of Laws and Regulations

There is inadequate legal framework for private sector/ community gender balanced participation in forestland management. This has led to low motivation for the local communities and private sector to effectively participate in management of central and local government natural forest reserves, industrial plantations, and forests on general lands as well as on private and community lands. As sharing of responsibilities becomes eminent in the forest management, formal mechanisms for sharing benefits are needed. Absence of guidelines for gender sensitive participatory forest management has restricted motivation for substantive investment by communities and the private sector. Among the consequences is multiplicity and uncoordinated charges on forest products set by mainly central and local governments. The existing laws, regulations and guidelines inadequately support conservation of biodiversity including bio-prospecting as identified under CBD.

Priorities will be to prepare clear operational guidelines for gender sensitive participatory management with local governments, communities and private sector including agreements and contracts to respective partners. To ensure effective involvement, modalities will be set for cost and benefit sharing in collaboration with relevant stakeholders through rationalization of charges on forest products. To guarantee adherence to the CBD, priority actions will be to identify potential sites/habitats for forest biodiversity and prepare and disseminate national regulations and guidelines for forest bio-prospecting.

Harmonization of Regulations

Effective development of the private sector in forestry requires establishing efficient administrations and regulatory procedures. This is true in terms of developing concessions, leases and other types of forest utilisation as well as management contracts. There are also overlaps and conflicts in some land use regulations such as those related to mining, wildlife management (notably the Wildlife Management Areas, or WMAs), agricultural development and forest related trade. Priority will be to develop mechanisms for harmonizing overlaps/conflicts in different regulations through cross-sectoral consultations. To facilitate private sector operations in forest development, the focus will be to develop agreements for concessions and leases as well as to prepare standard operational contract formats.

Development of Sector-specific Environmental Impact Assessment Guidelines

Environmental conservation is on the high agenda in every development. Forest management has so far not taken into account environment concerns in forestland management, wood and non-wood based industry and services and the general investment projects in forest areas. Priority in this area will be to develop and disseminate national sector specific guidelines for environmental impact assessment.

Implementation Strategies

Mechanisms for effecting legal and regulatory frameworks revolve around providing an enabling environment for operationalization of the National Forest Policy and the National Forest Programme. This requires having in place a strong and competent forest administration in terms of strategic planning, analysis and coordination for cross-sectoral issues.

Development of sectoral competence for formulation and revision of forestry legislation, development of facilitative management guidelines for different forest types and by-laws at all levels will be a way forward. Setting and harmonization of regulations and guidelines related to costs and benefit sharing in Participatory Forest Management and Concession Arrangements will guarantee effective participation of local communities and private sector in decentralized forest management and administration.

1. In order to improve forest conservation and management and to ensure equitable sharing of benefits amongst all stakeholders, guidelines that support sustainable management will be prepared, joint management agreements between the central government, specialized executive agencies, private sector or local governments, as appropriate in each case, and organized local communities or other organizations of people living adjacent to the forest, will be promoted. The local communities will be granted appropriate user rights for forest produce and forests will be managed in accordance with approved management plans.

2. To create sustainable industrial plantations and other types of forests, specialized executive agencies or the private sector through appropriate lease, concession or joint management agreements will do management.

3. In order to conserve valuable key habitats and ecosystems with endemic species sufficient areas of key forest ecosystems and habitats will be put under effective legal protection including updating them to nature reserves.

4. Streamlining procedures for administration of forest products and trade.

5. Rationalization of charges on forest products (royalties) will be carried out with all relevant stakeholders to guarantee the competitiveness of forest products in local and international markets in relation to competing products; aim is a market-based pricing/charge system.

6. All forest investments and development activities will be monitored to ensure adherence to EIA guidelines.

7. Regulations for bio-prospecting will be developed in partnership with relevant stakeholders.