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3. INSTITUTIONAL CONTEXT


Primary responsibility for National forestry development within the Government lies with the Forestry Division which is institutionally situated under the Department of Conservation, Forestry and Land Use Planning within the Ministry of Agriculture, Cooperatives and Land Reclamation. The Forestry Division is responsible for the management of all forest resources as provided under the Forestry Act of 1998. It is also mandated with the provision of technical backstopping to district level staff, including research and information dissemination activities.

Although the Forestry Division has a reasonable complement of professional staff, a majority of these are located at Headquarters. Delivery of forestry extension through the Ministry’s unified extension service is often poor. The service is particularly weak in the mountain districts, where there are fewer extension messages to offer and professional foresters are absent or in short supply. Many people rely on the Division to supply planting materials and shortages often occur at key times of the year.

3.1. NATIONAL FORESTRY POLICY

Until very recently, Lesotho had never had a formally approved policy for its forestry sector. Notwithstanding this policy gap, the Government had always assumed the lead role in the development and maintenance of forest resources since 1876. This continues to be the case, with very little planting being done outside of governmental and international Non-governmental organizations (NGOs) supported initiatives. The adoption of a National Forestry Policy in 1997 marks a radical shift in direction by emphasizing the role of communities in forestry management. In this policy, the Government has firmly committed itself to local ownership of forest resources. To this effect, the Forestry Policy states that “It is the policy of the Lesotho Government to maximize, through actions consistent with other stated policies and development goals, the contribution that forests can make to the alleviation of poverty, livelihood security and environmental protection in Lesotho, and to enhance the participation and contribution of women in this endeavor.”

3.2. LEGAL FRAMEWORK

Land in Lesotho traditionally belongs to the people as a whole. The King as Head of State is vested with the responsibility of allocating land on behalf of the Nation. The Land Act of 1979 grants Village Development Councils (VDCs) the authority to administer allocation of arable lands to individuals by issuing a permit known as “Form C”. In so doing, it guarantees exclusive rights for a specified time period. Nonetheless, this license falls short of an officially registered title. The 1992 Land Regulations (Agricultural Lease) enables a 90 year-lease to be taken out on land, but this option is rarely applied to agricultural holdings.

Forestry activities and the status of tree ownership are governed by the Laws of Lerotholi and Forest Act of 1978. The latter, however, was enacted mainly to support the development of woodlots or Forest Reserves and does not cater to ownership of trees by communities or individuals. A new Forestry Act (1998) was enacted in response to the policy changes proposed in the National Forestry Action Programme of 1996. The Forestry Act of 1998 places tree ownership in the hands of the individual or group who planted the tree. It also empowers the Ministry of Agriculture, through the Chief Forestry Officer (CFO), to transfer ownership of trees, forest plantations or indigenous forests/woodlands to groups or individuals, for a specified number of years and is subject to certain terms and conditions. The task of the CFO is to scrutinize applications and ascertain whether candidates have necessary resources and management skills. Successful applicants would be required to follow a management plan approved by the CFO. Transfer of title shall be effected by means of a written agreement between the holder and the government. If the holder breaches the terms of the agreement, for example, by failing to manage the woodlot in a sustainable way as prescribed by the management plan, the government has the right to repossess the resource.

There is little undisturbed natural forests left in Lesotho. Protected areas cover 100 km2 which is 0.2 percent of the land area of the country. Conservation of biodiversity must be seen in a wide perspective in Lesotho. The mosaic of small patches of forests, shrublands and grasslands provide important small pockets rich in plant species. Conservation and restoration of natural vegetation is important, but it must be seen as part of the broader strategy of land conservation against erosion.

The National Strategy on biological diversity identifies forest genetic resources as one important component to take into consideration during implementation of the Convention on biodiversity at the national level. The programme for conserving mountain biodiversity in the Southern districts considers conservation of forest genetic resources an integral part.


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