Almost all the examples summarized in Annex II show that forest laws are not obeyed in the upland watershed areas of the developing countries.
| Not only must laws reflect national policy, they must also be enforceable and enforced. |
In the developing countries, the traditional rights of usage have been allowed to deteriorate and this has resulted in disorder and abuse, especially in areas where population pressure on the natural renewable resources has become intolerable. The personnel in charge of ensuring that the laws are obeyed are powerless.
It must be realized that laws are applicable only in the particular situations for which they were drawn up.
In most cases, laws and regulations, which are still in force, fulfilled urgent technical needs, but are no longer appropriate in the current situation.
On the other hand, legal texts are often very disorganized, due to the compartmentalization of the official departments concerned. Contradictions between clauses have even been noted on occasion.
"Most forest law still reflects earlier policies directed primarily towards conservation. It has not generally been conceived as a positive agent of development but merely as a means of preventing the misuse of the forest, and has been developed chiefly in terms of litigation. The consequence of this emphasis on the deterrent and punitive aspects of forest law is that law becomes an obstacle to development, embodying the constraints on their use of the forest and its benefits that so frustrate forest neighbors."
In mountain and forest areas, laws must not merely serve to implement government policy with respect to forests, but also as regards rangeland and pastures, crop and livestock farming, water and soil conservation and bearing in mind the needs and rights of the people of these areas.
"Most countries therefore face the need to overhaul their forest laws, so that they properly reflect their new concerns and policies aiming at a more equitable distribution of benefits in favor of the rural people in and around the forests". "Particularly difficult problems arise in the law of land ownership. Where landless peasants have occupied forest land illegally for a number of years, strict enforcement of the law cannot be contemplated unless associated with a generous resettlement programme."
When an answer to this problem is being sought, Louis Velay's comment should be borne in mind: ... "a law is only fully legitimate when it provides for compensation for damages suffered by those whose titles it restricts or takes away... ". "Indeed, the aim of most integrated development action is precisely to make the constraints arising out of legal texts more tolerable and they should achieve this aim."
| Before new laws and regulations on the subject can be prepared, a coherent policy on integrated rural development of upland watershed areas must be drawn up. |
A policy for integrated development in mountain areas must be backed by integrated legislation taking the new strategy into account.
With respect to watershed management, forest law no longer suffices, even if it also covers water and soil conservation. What is needed is a rural code dealing with water and soil use, forestry, livestock farming, etc., as well as the people living in these areas.
These rural codes should includes:
It would be a good thing if legislation were to consider government operations as measures of encouragement and leave the greatest part of responsibility to the local people and if operations which are repressive, ineffective and difficult to enforce were reduced to the strict minimum.
This legislation should be restricted to essential points and be enforceable, i.e. realistic, and take account of experience acquired. Civil servants (guards, police) should not be the only people responsible for its enforcement, but the local people should also be made aware of their responsibility in this matter. This is the case in South Korea, where Village Forest Associations assume this responsibility under the supervision of the government authorities.
Agreements concerning the planned development of the waters of these basins must also be reached between the authorities of countries sharing the same river.
Modifying legislation is a long and complicated process. Arrangements must therefore be made very early in the preparatory phase of the programmes if new laws are necessary.
"The State of Food and Agriculture", 1979. FAO. Rome 1980. p.2-30. (Return)
Orientations pour un plan directeur des actions de protection des sole et des ressources sylvo-pastorales de la Tunisie, by Louis Velay. FAO consultant May 1976 Tunis. FAO/SIDA/ TF/TUN 5 and 13 SWE. (Return)
