0072-C1

Sustainability in Turkish Forest Legislation and Administration

Cihan Erdönmez^[1] and Aynur Aydin Coşkun

Abstract

Sustainability is a new concept in Turkish forestry. The legal and institutional framework of Turkish forestry needs to be modified by recognizing the principles of sustainable forest management.

In this article, sustainable forest management and its applicability in Turkish forestry are discussed from legal and administrative perspectives. In the first part of the study, the concept and its derivation are explained. After this, the current situation of Turkish forests is outlined. In the following part, the applicability of sustainability to Turkish forestry is analysed. In conclusion, some suggestions with respect to the legal and institutional framework of Turkish forestry are given.

Introduction

Sustainability is generally concerned as a definition declared by World Environment and Development Commission (WEDC) of 1987, it symbolises an approach known by foresters for a long time. For instance, in the study of Schlaepfer and Elliott, a historical summary of sustainability in terms of forest management is exposed.

Sustainable development definition of WEDC is generally accepted as an umbrella concept. But, there are still many questions to be answered related to sustainability and sustainable forest management. "What is to be sustained and how sustainable development (or sustainable forest management) is to be measured?" are two of them (Kooten and Vertinsky 1999). In addition, according to an approach accepting that sustainable forest management must -and will- reflect social values, question to be answered is "what is to be sustained and for whom" (Martin 1999). From another point of view, "how long must a development be sustainable and how can today's decision makers take the needs of future generations into account" (Graff et al. 1999).

Approaches related to criteria for sustainable forest management can be multiplied. But, only 3 basic criteria and their indicators listed below are considered enough to use in general analyse for Turkish forest policy instruments in this article.

• Sustainability of productive functions
• Sustainability of socio-economic functions
• Sustainability of protective functions

The Applicability of Sustainability to Turkish Forestry - Overview of Forest Legislation

From historical perspective, the development of Turkish Forest Legislation can be analyzed in two periods in general. The beginning of the first period can be traced back to the Ottoman Empire era. The second period begins by the foundation of the Republic of Turkey and it extends to present. A few regulations were enacted in the first period. And some imperial edicts to meet the needs of the palace and the navy. Since then for the first time, the Forest Code of 1870 was in force. Land law of 1858, and the "Mecelle^*' were in action.

* A kind of civil code

With the Forest Statute of 1870, some rules in accordance with modern forestry requirements, as the protection of forest, the principles of cutting, penalties of crimes, were present. However, due to insufficient organizational structure and weak management, this statute did not have the chance of application (Ayanoğlu 1997)

In the second period, in 1937, the forest law numbered 3116, the first modern forest law that builds the basics of scientific forestry applications, was put in force, with this law, the principles of State Property, management by the state and sustainability were introduced. State ownership on forests aimed in forest law numbered 3116 could not have been establish in full. However, with the following law numbered 4785, put in force in 1945, all forests were expropriated whit a few exceptions only. Oppositions followed these expropriations. As a result of these oppositions some of the expropriated were given back to their previous owners in 1950. In 1956, the forest law 6831 (table 1), that is still in action, was put in force instead of the first forest law numbered 3116.

Table 1. Structure And Contents Of Turkish Forest Law

The Constitution 1982 contains the provision relating the protection and the maintenance of forests.

An Analysis of the Forest Law Numbered 6831 From the View of Sustainability

For an analysis of the forest law it is there fore of crucial importance to ask what is understood by sustainability in the Forest Act. What are the motives, underlying values and reflected interests?

Answers will be found by analyzing how sustainability is formulated, but also by studying how forest and forest management defined and by looking at other basic term of the Act like "forest culture" and "forest functions". The analysis has to look behind the definition of forest, forestry, sustainability. This is done by applying the concepts of text interpretation under the paradigm of qualitative empirical social research (Weiss 2000).

Following remarks can be given on the forest law from the view of sustainability criteria.

• In the forest law, there exists a regulation on using forest products other than timber. However, there exists a regulation that prohibits the gathering of these products.

• Present law is of a central management mind such a way of forest management on the other side, prevents the contribution of society and NGO to forest management to a great extend. What is more, required regulations on the role of society and NGO that have a great effect and undoubtful effect on society are not present in the forest law.

• Replanting is of the most basic elements of sustainable forest management. In Turkish Forest Law and 1982 constitution, there exists regulations on replanting. In the 169^th article of the constitution of Republic of Turkey, it has been decreed that burned forest areas should be replanted. Again, the 57^th article of the forest law has the title of "Replantation Works" this article deals with replantation to broaden the forest areas and related works. Similarly, the same subject is handled and the duties of General Forest Directorate to spread the "the love in forests" are given. In the 63^rd and 68^th articles of the law, the ways of replantation are stated for those who want to make replantation, and this is encouraged by the regulation that they will be given saplings free of charge.

• As the sustainability depends on the protection of the forests, it is compulsory for him to prevent harms on forests. In the article 169 of the constitution of the republic of Turkey the statement "no permission may be given to my operation and action that may give harm to forests" is present.

• Many regulations are present in the forest law that help to protect forest land him to prevent the narrowing of the forest areas for example, article 17 prohibits constructions in forest protection some exceptions, end these exceptions are relevant to forest protection and protection. This way, on the forests are prevented to a great extent However, the law maker, has introduced another exception stating " facilities and constructions can be permitted if they have a public benefit." As the concept of public benefit is a wide, virtual concept that cannot be tied with solid criteria, this exception in the law is being used against the forest.

• Especially in the last years, rapid population growth, urbanization industrialization and expanding settlement put pressure on the forest lands Exception introduced in some articles of the law increases these settlements.

• Biological diversity has a great importance regarding sustainability, however, the basic concept of forest law is tree. Always the tree and shrubs are considered regarding the protection of forest to biologic diversities and relation between them are ignored.

• Turkish Forest Law, has been modified many times since 1956 when it was put in force. However, the logic of the law has not been modified recording to international trends, the basic function of the forest protection, the protection of forest coverage is aimed massively. The subject of biological diversity subject is not mentioned. Although there exists National Parks and Protection Forest besides the production trees, their ratios are pretty low, There exists no regulations to provide the contribution of society and NGO to forest management Although the regulation that prohibits constructions in forest areas is present in both the constitution and the law, settlements and new constructions in forest areas can not be prevented.

As a result of these facts, sustainability is not a part of Forest Act in Turkish Forestry.

An Analysis of the Organisational Framework From the View of Sustainability

It is necessary to go back to the years before the 1839 Administrative Reform Decree to be able to examine carefully the forests and forestry organisations in Turkey. Before the Decree forests were not a subject that concerned by the state, but were thought to be presented to people by God as a natural resources without the need of observing any rules for its use. Because of this the Anatolian Forests had been destroyed in wide regions. In parallel with the 1839 Administrative Reform Decree a "Forest Directorate" was established connected to the Ministry of Commerce, whose headquarters was in Istanbul. From 1839 to 1937 when General Directorate of Forestry was established connected to the Ministry of Agriculture it is difficult to say successful for this organisation, which had been changed over time. Ministry of Forestry was established in 1969 and was abolished in 1981. The ministry was re-established in 1991 and is still serving today (Özdönmez et al.1998). Duties of four General Directorates of the Ministry of Forestry are shown in table 2.

Table 2. Duties of the Ministry of Forestry

Appropriateness of organisational structure summarised in the table for sustainable forest management can be discussed in two different ways. At first, how much appropriate is this organisational structure for the criteria for sustainable forest management mentioned above? And secondly, how much sustainable is this organisation in itself?

Both General Directorate of Forestry and General Directorate of Afforestation and Erosion Control have duties related to sustainability of productive functions. General Directorate of Forestry protects, develops and operates existing forests. General Directorate of Afforestation and Erosion Control supports the first directorate through carrying out activities to increase forest areas.

Similar condition can be seen about sustainability of socio-economic functions. Development of forest villages is duty of General Directorate of Forestry-Village Relations. Works of the other directorates contribute the national, regional local and household economies. Furthermore, forests are still one of the important food resources especially for rural people.

Sustainability of protective functions is related directly to three general directorates and indirectly to the other one. General Directorate of Forestry maintains protective functions of existing production forests through protection and improving them. General Directorate of Afforestation and Erosion Control increases forest areas and also enforces erosion control works. General Directorate of National Parks and Hunting-Wildlife is another department related directly to sustainability of protective functions, because it is responsible for management of protected areas. The principal reason of efforts given by General Directorate of Forestry-Village Relations is to protect forests from negative impacts from forest villagers. So, it can be said that this department is related indirectly to sustainability of protective functions.

As it can be understood from this brief explanation, functions having importance for sustainable forest management are divided to different general directorates as duties. Activities being carried out by different departments are closely related to each other. Because different directorates do similar works, co-ordination problems often occur.

Sustainability of the forestry organisation is closely related to supporting the implementation of sustainable forest management. Procedures and requirements as regards forestry administration varied significantly from one country to another, depending on relative importance of the forest economy and the special features of each country, this being the reason for no forest administration models existing which can be standardised. But, three trends affecting public forest administration can be shown.

- A process of globalisation of policies and institutions, as an answer to the international community's growing concern for the state of natural resources.

- A search for greater efficiency in public administrations; and

- A need to enlarge participation in the decision-making process.

Under the light of this approach, it is unavoidable that Turkish Forestry Organisation formed as four different general directorates faces some problems. First of all, to use effort to achieve similar aims through different organisational structures is not efficient in terms of economics, time planning and work power. Furthermore, this structure limits people to participate in decision-making process. It is obvious that a strength public forest administration pattern have to be developed when almost all forests are owned by the state. But, pressures from politicians on the forestry organisation affect the efforts negatively to achieve this aim. In spite of scientific suggestions are contrary 20 % increasing of state forest exploitations connected to the General Directorate of Forestry after the year of 1985 is an example of these pressures. However another problem in forest administration is the absence of success criteria. As a result, sustainability of Turkish forestry organisation in itself is seen as doubtful.

Conclusion

It can be recognized that Turkey needs a National Forest Program for the achievement of Sustainable Forest Management. The program demands a broad international approach at all stages, including the formulation of policies, strategies and plans of action, as well as their implementation, monitoring and evaluation, and should be integrated into wider program for sustainable land use. At the preparation step of the program, activities of the other sectors, such an agriculture, energy, industry and tourism, should be taken into account.

Existing legal and constitutional frameworks of Turkish Forest Policy does not secure country's forests. In the last decade, a new forest act has been considered as a necessity. Furthermore, institutional dimension of the national forest policy has some problems. The forestry organization does not provide an effective link between different forest functions, including timber and non-timber products, environmental services, and socio-economic values. Appropriate participatory mechanisms for decision making process couldn't be developed; decentralization in policy formulation and empowerment of regional and local units of forestry organization could not be achieved. For all reason mentioned above, at the beginning of a new millenium, Turkey faces a turning point. Achievement of sustainable forest management and integrating forestry into other related sectors can only be realized through new means, firstly legal and institutional of forest policy.

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