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Forest Governance MCT-Phase IV

Forest Governance MCT-Phase IV. Dr. J.V. Sharma. National Forest Policy. Ecological security of Nation is prime objective (Ecosystem Services) People’s involvement in the management, conservation and protection of forests

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Forest Governance MCT-Phase IV

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  1. Forest Governance MCT-Phase IV Dr. J.V. Sharma

  2. National Forest Policy • Ecological security of Nation is prime objective (Ecosystem Services) • People’s involvement in the management, conservation and protection of forests • Sustenance needs and livelihood of the people living in and around forests have the first charge on forests • Economic derivatives and other objectives are subordinate to prime objective.

  3. Perception of the Nation towards Forests • Forests are National Resources of Global Concern • Global: Biodiversity conservation (including Wildlife) and Carbon sequestration (Actual and Potential) • National: Biodiversity Conservation, Ecosystem Services and Demand for Forest Products • Local: MFP, Livelihoods and Sacred Groves

  4. National Forest Policy 1988 Increase forest & tree cover through afforestation & social forestry Forest based industries provide employment to local people Approved management plan for sustainable management No regularisation of existing encroachments rights & concessions from forests for the bonafied use of the communities Framework of Legislation Indian Forest Act 1927 Biological Diversity Act 2002 Forest Rights Act 2006 PESA 1996 Forest Conservation Act 1980 • Ecological security • Economic Dependance • Social Dependence JFMCs SFM Biodiversity Development Committees Gram sabhas, Panchayats, SDLC, DLC VFCs Gram Sabha, PRIs

  5. Ministry of Environment and Forest Government of India Indian Forest Act 1927 & (state amendments) Forest Conservation Act 1980 The Scheduled Tribes & Other Traditional Forest Dwellers (Recognition of Forest Rights) Act 2006 Biological Diversity Act 2002 Wildlife Protection Act 1972 Panchayat Extension to the Scheduled Areas Act 1996 Regulation of Trees OutsideForests National Forest Policy 1988 Regulation of Wood Based Industries Social forestry to increase forest cover Rights of the communities for forest use SMF as prescribed in the approved management plans Employment in Forest based industries 1. Ecological Security 2. Economic Security 3. Social Security Gram Sabhas, Forest Rights Committee, Gram Panchayats, Sub-divisional LevelCommittee, District Level Committee Village Forest Protection Committees, Van Panchayats Gram Sabhas, Panchayati Raj Institutions Biodiversity Management Committees Joint Forest Management Committees, Eco-Development Committees

  6. PROJECT DESIGN FINANCING FOREST GOVERNANCE CAPACITY BUILDING MRV LIVELIHOOD ENHANCEMENT ECOSYSTEM SERVICES SMF Different issues crystallized till now with respect to REDD+ in India.

  7. Key Questions in Forest Governance • Which (whose) interests should prevail? • Who should be permitted to use? • Who should manage on a day-to-day basis? • How should multiple stakes be reconciled? • How much should be allowed to be converted, where, by whom, and who should regulate this and how?

  8. FRA and Forest Governance • Tenurial Security to manage, protect and conserve CFR • FRA provides statutory procedure for recognizing CFR and Forest Rights • FRA rules provides a statutory basis for protection of CFRs under FRA by a Gram –Sabha Based Committee. • Section 5 of FRA and MOEF guidelines gives community say in the conversion of forests into non –forestry use.

  9. Status of FRA Implementation As on 31.12.2012 • 3237656 claims filed • 2791330claims disposed(86%) • 1279076 Claims recognized • 1818595.98 ha • 8498 Community Rights • Progress only in AP, Assam,Gujarat, MP, Chattisgarh, JHK, Karnataka, Kerala, Tripura Rajasthan, WB, Odisha and UP. In Tamilnadu 3723 titles are ready for distribution.

  10. On the ground • People largely claiming individual cultivation rights (regularization) • Limited communities claiming forest use and management rights • No Clarity on sustainable harvest • No Mechanism on Management of Community Forest Resources • No legal tool to the community for exercising right to protect, regenerate and conserve CFR • No Institutional Mechanism available to community based forest governance

  11. Issues raised by MOTA • Convening meeting at Panchayat Level • Smaller habitation ,not formally part of village • non-recognition of un-hindered absolute rights over the minor forest produce (MFP) to forest dwellers; • Imposition of several restrictions, like, transit permit for transportation of MFPs, • levy of fees, charges, royalties on sale of MFPs; exclusion of certain types of MFPs, in contravention of the definition of MFP given in the Act;

  12. Issues raised by MOTA • continuance of monopoly in the trade of MFP, especially in the case of high value MFP, such as, tendu patta by the Forest Corporations in many States; • non-recognition of other community rights, such as, nistar rights, conversion of all forest villages, old habitations, un-surveyed villages and other villages in forests, whether recorded, notified or not into revenue villages; non-recognition of community forest resource • rights relating to protection, regeneration or conservation, or management of any community forest resources under Section 3(1)(i) of the Act; etc. • Guideline issues on 12th July,2012 addresses above mentioned issues

  13. Clarifications • Eligibility of right holders • Consideration of revenue land • Conversion of forest village into revenue village • Relaxation of Quorum of 2/3 • Processing of claims in Municipal area and Panchayat area • Time limit for receiving the claims • Claim rejected by DLC , can be considered again by DLC • Forest land recognized can not be mortgaged • Rubber plantation on forest land • Time limit of completion of recognition of forest right and proposals under FC Act,1980

  14. Policy Directions on Forest Governance by MOEF Decentralized Forest Governance: • Supremacy of Gram Sabha and its Committees • Revamped JFMC to be the committee of the Gram Sabha • Revamping Forest Development Agency (FDA) to facilitate implementation by Gram Sabha, strengthened capacity of forest department to assume new roles

  15. Limitations of JFM • Jointness in JFM is serious limitation. Exofficio Member secretary is FD official ,larger decisions are controlled by FD. • Silviculture decision rest with FD and focus on Plantations largely. • Do not address degradation very well. • Lack of implementation of benefit sharing mechanism . • Largely Sharing of Nationalized NTFP is lacking, in some states sharing is partial. • Lack of autonomy . Creation of DFA further compounded

  16. Issues of regulation under FRA • FRA does not have answer the following question: • Who defines sustainable use in operational terms and who ensures that sustainable use and conservation mandates of Gram Sabha are met? • No accountability of Gram Sabha for the failure of management. • FRA is not being implemented in isolation. What would happen to IFA,WLPA and many other related regulations

  17. Issues of regulation under FRA • Status and structure of FDAs • Status of nationalized and non nationalized NTFPs • Status of MFP cooperatives • Status of Timber sharing arrangement made under JFM • What Changes are needed in the forest and wildlife governance mechanism at state level. • How does one reconcile the FRA with IFA,BDA,WLPA and FCA.

  18. Issues of regulation under FRA • What would be the linkage of New CFMC with PRI in Non-PESA area. • Will villagers alone be able to prevent all offences without getting empowerment under IFA and WLPA • How to distribute benefits between protecting and non protecting families, tribals and non tribals, and locals and nomads • How to resolve inter-village conflict • What is the balance of power between FD and communities? Who will take action against those who break village consensus.

  19. Issues of regulation under FRA • What would be the status of JFMCs and EDCs set up earlier? • What would be the legal category of forest land managed by Gram Sabha? • How to select Management Committees and who would be authorized to write to the Government on behalf of GS? • What rules should govern the constitution, term ,composition and functioning of new community forest management committee

  20. Community Based Forest Governance: 4 Possible Models

  21. Model A: Where CFR claims have been accepted and Section 5 of FRA is deemed applicable

  22. Model B: Neither CFR claims have been accepted nor Section 5 of FRA is deemed applicable. JFM committees are in existence

  23. Model C: Pre-existing community management systems like Van Panchayats, Village Councils

  24. Roles and Duties of Forest Department (for Models A and C)

  25. Rights, Responsibilities and Powers of Community based Forest Governance • GS is responsible for ensuring fair access to right holders who have rights under the Community Forest Rights and provide reasonable access for meeting needs of other members of Gram Sabha as well as those of external right holders such as nomads. • GS is primarily responsible for ensuring sustainable use of forest produce including Minor Forest Produce. • GS is authorized to make rules regarding use, harvesting, protection and regeneration of CFR.

  26. Rights, Responsibilities and Powers of Community based Forest Governance • CFRMC office bearers are vested with powers to prevent forest offences and penalize violators. • GS generate revenue and receive and spend grants for its forest related activities. • GS should be encouraged to prepare Community Forest Management Plans with a technical support of State Forest Department. • GS has the option of merging CFRMC with Biodiversity Management Committee, or any other natural resource-related committee existing in the village.

  27. Role of Forest Department • FD may be responsible for providing protection and technical support to the Gram Sabha • FD may be empowered to carry out monitoring i.e the extent of compliance with sustainable use and conservation regulations in community based managed areas. It may also be responsible for taking action on any violation. • FD will continue to exercise additional powers to implement regulatory provisions of Wild Life Protection Act, 1972 and other forest related State- level Acts.

  28. Conclusion • JFM Institution at Village /Hamlet Level merged with Gram Sabha • Chairman –elected from village • Sarpanch-Patron if where applicable • Benefit Sharing : on Care and share basis • Role of forest Department : Technical Support, Monitoring and Use of forest legislation for protection • Proactive role of FD in the implementation of FRA

  29. Conclusion • Regular Flow of Funds • Management Plan includes Scientific and Traditional Knowledge • Regional Variability will be permitted • Amendment in IFA, WLP and State forest Act to ensure right to protect CFR by Gram Sabha through its committee • First we have to keep JFMCs under Gram Sabha and should move towards Fully Gram Sabha Based forest Governance

  30. Thanks for your Attention

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