0159-A4
Aynur Aydın COŞKUN 1 O. Devrim ELVAN 2
Being the source of environmental problems, people should act a dominant role in the process of solving these problems by "People Participation". The study aims to clarify the sufficiency of current Turkish Forest Legislation for an effective people participation on decision making and management process. Different definitions of people participation are briefed. Proposals are given for a more effective people participation on Turkish Forest Legislation.
There exists various definitions of the "Public Participation" concept that takes an important place in decision-making process in democratic societies.
According to FAO, Participatory management means projects or activities that are designed, implemented, monitored, evaluated and adjusted through collaboration between the local people who will be affected and the supporting institution (www.fao.org/montes/fon/fonp/cfu/pub) Bibiand de Brutta defines participation "as a social term, associated with the needs and aspirations of the members of a society; a relateship that may, depending on the circumstances, assume the characteristics of a social conflict" (http://www.elaw.org/resources/text.cup?ID=186). Whereas Buchy and Hoverman states that participation can stimulate an ongoing learning process increasing the awareness of collective responsibility within the community (Buchy and Hoverman 2000). According to TEMA, a Turkish Non Governmental Organisation, goverment's application to public opinion in certain activity proposals, plans, programs and even politics and legislations is defined participatory democracy (http://www.tema.org.tr).
In line with all above definitions, a common definition can be derived as the existence of people in the process of decision makings or actions that would affect their life.
Participatory decision making and management is a fairly new concept in sustainable forest management systems in many countries.
It is essential for local communities to participate in the sustainable use and successful management of natural resources especially forests (Warner 1997). In the past, efforts to protect resources by preventing people from using them proved to be unsuccesful. To maintain healthy and productive forests, governments must build partnership with the people who live in and from the forest and who have a direct stake in strategies to manage forest resource sustainability (Lynch et al. 1995).
The policy and legal context often developed without the participation of forest-dependent communities and due consideration to their needs and aspirations, and particularly the drastic changes that this context is presently undergoing in most countries as a result, among others, of structural adjustment programmes ( Desloges and Gauthier 1997).
The increasing importance and development of the concept has resulted in the need of redefinition of the purposes of forestry politics and revision of regulations. Unless they are backed up with regulations, practising of such mechanisms would be impossible or illegal. Therefore regulations must be revised before this system is applied.
In this study, while evaluating Turkish Forest Legislation from the point of participation, certain elements are taken into consideration.
First element is the authority of the people. As a result of this authority, participation turns in to empowering people to manage the natural resources on which they depend and to use them for their benefit in a sustainable way. Another element of participation is the public's access to information and documents and education (inform-educate). Only those who have enough information and education may be effective in decision making or tangible actions.
It should not be forgotten that besides having two elements, the core of the participation should be the free will of the people to participate.
In most countries, forest dependent communities are not major players in the legal arena. As a result, their interests are still unreflected in national laws and judicial decisions pertaining forest management. This argument is also valid for Turkish Forest Legislation. Therefore, it is a must to determine the gaps in forest legislation and to revise the legislation to make people's participation possible.
In this study only the regulations that are directly related to forestry are evaluated and elements of participation are investigated in these regulations. Evaluated regulations are Forest Law (6831), National Parks Law (2873),The Law on Supporting the Development of Forest Villagers (2924, National Reafforestation and Erosion Control Mobilisation Law (4122), Organic Law of General Directorate of Forestry (3204), Organic Law of Ministry of Forestry (TEF 1999).
There exists a regulation that can be an example of participation in the 7th article of Forest Law numbered 6831 that is still in force. According to this article the cadastre of all forests are carried by the "Commission of Forest Cadastre". This commission is consisted of one forest engineer, one agricultural engineer, one representative appointed by municipality committee in town or a representative appointed by village headman in villages, a representative of agricultural chamber. As there exists representatives of community and agricultural chamber in the decision process of the committee, the structure of this committee is important from the point of public participation.
Article 81 of the law numbered 6831 states that it is the duty of village headmen to corporate with forest administration in the aspect of protection of state forests that lie in the boundaries of villages. Although the cooperation of the village headman, that is the representative of the village, with forest administration is very important for participation, this cooperation stated in law is in fact an appointment rather than participation and this appointment is in fact a compulsory duty assigned by the administration in the boundaries defined by the administration only. This cooperation, therefore, does not express a participation in which the trend of public are determined with active participation of local community and representative of the public is elaquent.
Forest Law also consists rules on forest village cooperatives. Forest Village Cooperatives are very important for the point of participation as they may enforce the villagers against forest administration.
National Reafforestation and Erosion Control Mobilisation Law numbered 4122, has no rules related to participation.
The law on Supporting the Development of the Forest Villagers numbered 2924, is completely dedicated to the forest villagers. However, this law too has no rules on participation.
The Statue on the Duties of Village Headman and Village Committee dated 1957, is an important document for participation. In this statue, cooperation is envisaged between the village headman as a representative of village community and forest administration for the following subjects:
This statue authorises village headman and village committee in many subjects; though the contents of these authorities are debatable. The articles of the statue state that this cooperation is a duty of the headman and this cooperation is compulsory. However, the core of the participation is willingness. A must on the cooperation of community and their representatives can not be accepted participation.
Another regulation is the Organic Law of General Directorate of Forestry numbered 3204. In the second article of law, duties of administration are listed under 15 headings. Warning and informing the society is one of these headings. As one of the elements of participation is information and education, such a duty of the General Directorate is important from the point of participation.
The same law also states that there exists a Research, Development and Coordination Office within the General Directorate. This Office should build up coordination and cooperation with other public organisations and institutes while performing its' duties. Here one may speak about a more or less participatory management style.
Duties of administration are listed in Organic Law of Ministry of Forestry. Acquiring cooperation between State and Forest Villagers to develop the economic conditions of forest villagers is one of the duties of the Ministry. This in turn may result in the participation of the villagers to decision making process.
There are different understandings and applications of participatory decision taking for different countries. General trend is to apply for the ideas of different sections of the public while making the legal regulations. However, the difference arises at the method of gathering common ideas and application (Turgut 1998).
In some countries, possibilities of participation are defined via laws of local administrations or town planning, while in some other it is left to the discritionary power of administrative units.
In Turkey, the ones who make the regulations may apply to the ideas of parties that are related to the subject. However, determining the parties to be applied to and whether should there be an application or not is left to the discritionary power of the administration to a great extent. Unless it is explicitly stated by law, this is only a discritionary power.
In line with the general structure of the Turkish Law System, participatory decision making and regulations related to management are very limited. Besides, present regulations do not match with the concept of participation one to one. Instead of participation of local communities with free will, there exits an appointment and auditing of a duty to the community or the representative of the community by the administration. In other words, this is a compulsory duty rather than participation.
The duty of making people conscious and education is assigned to the Forestry Administration by Law. However, the way to achieve this and methods to be used and sanctions are not clear. Therefore it seems that there is no positive approach to promote people's participation in forest management.
As stated above, cooperatives are very important regarding participation. However in Turkey, cooperatives are parties that have privileges to use forest products and perform duties assigned by the forest administration. The concept of cooperatives seems to be only a way to progress the economical structure of the forest villagers. The practice is also in this way. However, it is expected to have this strong organisation effective in the process of sustainable management of forests rather than being only a vehicle of economical progress. Forest villagers are people that should be involved in the process of protection of forests, sustainability and should have participation to decision making process; though this has not been established yet.
In Turkey there also exists NGOs that are established with the purpose of protection of forests and to ensure sustainability. The participation of NGOs to forest management can be observed in many occassions. However, this participation is mainly a participation that occures as NGOs suit against administration rather than a participation defined by law, as these organisations can not take place in the process of decision making and application. Involving in the processes via trials is also a method of participation as in the end they may affect the decisions regarding the public .
Examples can be given to participation via trials that is the widest method of participation in Turkey. A group of people suited against administration to stop the construction of a thermal power plant in Gökova Bay. A similar example is the Bergama Trial, that has become an idol in environmental protection. The villagers of Bergama did all they can with protest demonstrations and trials to be able to stop search of gold with cyanide by the company EuroGold at Bergama region. As a result of these demonstrations and trials, Turkish public opinion became aware of the dangers of cyanide. There are several trials of The Chamber of Forest Engineers, and NGOs, against administration where there is a danger of forest destruction.
Turkish Forest Legislation does not have an explicit and clear judgements about Participatory Decision Making and Management. As a result, the clues that can be obtained for participation is by compulsive interpretations of some regulations. However, as people's participation is desired within the democratisation efforts in Turkey, this much is not enough. Ideas in this regard have not been reflected to legal regulations with an institutional structure.
It is possible to ensure participation with some sanctions in legal regulations. However, the core of the participation is "willingness". Therefore ensuring participation by sanctions can be argued upon. However, in Turkey, participation should be within legal regulations. Application of a participation concept left to discritionary power of the administration is very hard as the general rule in Turkish administrative structure is closeness and secrecy. It is very hard for people to reach to documents and information. Besides, effective participation of people with no education and experience on participation to forest management is not expected. Participation envisaged by legal regulations would create the experience of participation. A compulsory participation of the people would result in a more transparent administration.
Proposals to have participatory decision making and mamagement in Turkish Forest legislation are as follows:
It treats the public principally as a recipient of information, rather than as a participant in decision making (Beasley 1997). Therefore database in the hands of public administrations should be free to access to ensure peoples participation. As violating the law would have sanctions, administrations would not have the opportunity to hide documents and information. Besides it would be appropriate to provide such relevant documents free of charge.
Besides, it should be mandatory to inform the public when an action concerning the forests or environment is taken. When, where and by what means this information process will be held should be determined. Moreover, the channels that will be used should be defined. Declaration on local or national television channels, announcement and notice in areas open to public, direct mail and information desks in centers that people may reach are some of the ways in which public can be informed. Furthermore, the idea that public opinion should be taken into account must be strictly regulated. Public representatives can be involved in decision units through polls and public surveys. After public opinion is revealed, it must be respected and decisions should be made accordingly.
Public Participation in the decision process of regulations concerning forests is especially crucial. First, interested parties should be informed about both the factors that necessitate the regulation and benefits expected from it. It should be mandatory that the commission assigned on duty includes representatives of public, NGO and universities or at least ask for their opinions. This act of asking opinions must be compelling, in other words whether the suggestions made by representatives will be considered should not be at the discretion of the administration.
Committees that will participate in the decision processes of regulations concerning forestry must be established in order to ensure public participation. This organisation may start with Village Committes at the bottom line where even a direct participation would be possible. Representatives of Village Committes may form a secondary higher organisation such as a Regional Committe. This Regional Committee may solve the conflicts between Village Committes, besides organising the local organisations to have more public power against administration. On the national level, representatives of Regional Committes may form a National Forest Committee. National Forest Committee should also consist of representatives of NGOs, universities and Forest Administration. As a result, a participatory decision making process which includes even the smallest local unit will be established at the national level.
To sum up, public participation in forest administration in Turkey is desperately needed. Present Turkish Forestry Legislation does not foresee public participation. Moreover, the public that do not have enough experience and tradition of participatory management can't take place within the decision making process efficiently. To do that, The Turkish forestry legislation is to be amended to encourage, even to coerce, public participation on be half of sustainable forestry and increased public welfare. It is expected that after having got the necessary experience and custom of participation, the public will wish to participate in planning process without legal regulatory coercion. What is important is to have Participatory Decision Making and Management system in forestry, with no coerces, via improving the education and awareness level of public.
Beasley,L., 1997. Iufro World Series Vol.7. Developments in Forest and Environmental Law Influencing Natural Resource Management and Forestry Practices in the United States of America and Canada, Zurich.81 p.
Beirie, T., and Cayford, J., Democracy in Practice, Public Participation in Environmental Decisions, March 2002, ISBN-1-891853-54-6.
Buchy, M., Hoverman, S.,2000. Understanding Public Participation in forest Planning: A Review, Forest Policy and Economics 1. 15-25p.
Desloges, C., Gauthier, M..,1997. Community Forestry and Forest resource conflicts-an overview, proceedings of the XI. World Congress 1997 Antalya Turkey, Volume 5, 112 p.
Keating, M., 1993. Common Future, Cenevre -İsviçre.
Lynch, O., and Talbott, K., Berdan, S., 1995. Balancing Act: Based Forest Management and National Law in Asia Pacific, www.wri.org/biodiv/ba-home.html .
Turgut, N., 1998. Environmental Law, Savas Publisher, Ankara, 300 p.
Turkish Environment Foundation,1999. Turkish Environmental Legislation, Onder Publisher, Ankara.
Warner, K., 1997. The Vision and Role of Community Forestry in Sustainable Development, proceedings of the XI. World Congress 1997 Antalya Turkey, Volume 5, 57 p.
http://www.elaw.org/resources/text.cup?ID=186
1 Assistant Prof. Dr., Department of Forest Law, Faculty of Forestry, Istanbul University, 80895 Bahçeköy-Istanbul/Turkey Tel: +90212 2261100 e-mail:[email protected]
2 Research Assistat Department of Forest Law, Faculty of Forestry, Istanbul University, 80895 Bahçeköy-Istanbul/Turkey Tel: +90212 2261100 e-mail:[email protected]