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Potential for conflict: community forestry and decentralisation legislation in Nepal
| Publication Type | Journal Article |
| Year of Publication | 2002 |
| Authors | Narayan Belbase,; Regmi, D, C. |
| Journal Title | Potential for conflict: community forestry and decentralisation legislation in Nepal |
| Pagination | vii + 38 |
| Key Words | community forestry; decentralization; development; forest; management; forests; legislation; natural resources |
| Abstract | Over the past decade, the Government of Nepal has passed progressive legislation regarding decentralization and the devolution of powers to local communities. These include the Forest Act of 1993 and the Local Self Governance Act of 1998 (LSGA). The following paper analyses the provisions of these Acts regarding the management and development of forest resources. It also considers legal provisions pertaining to other natural resources. In addition, the difficulties inherent in each Act and overlapping provisions between them are examined. Community forestry, through which forest resources are developed and managed with the active participation of local forest user groups (FUGs), forms a major part of the Forest Act. However, in giving certain powers over forests and the environment to village development committees (VDCs), the lowest tier of local government, the LSGA opens up an area of contradiction and possibly conflict between these two institutions. VDCs, as elected bodies, have a broader mandate than FUGs, and could potentially seek to manage their own community forests or have local FUGs under their own control. The paper makes several recommendations on how to improve the community forestry programme, and suggests the development of a legal framework to reduce the adverse effects of contradictions in sectoral legislation. The authors emphasize the need for consultation and serious dialogue between FUGs and local, elected institutions to address the concerns of local government, at the same time as maintaining the autonomy, powers, and functions of the FUGs. |
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