0003-C1
I.M. Danilin[1], V.A. Sokolov and I.V. Semechkin
National political and economic policies are having increasingly important impacts on forest resources and their management. This is true throughout the world and especially in eastern Asia, where Siberia is located. Here and throughout Russia, only the very beginnings of public involvement in natural resource management and conservation of nature have been seen. To increase public awareness of the issues and participation in planning processes, it is necessary to both systematize existing statutory and administrative acts and to create new mechanisms for public involvement. It is also particularly important to educate the public so that they become more aware and intolerant of practices that infringe on protection of the natural world; the fortune of future generations depends on it.
To create the mechanism for public involvement in the management of Russian forests it is necessary, first, to understand and perfect the legal basis for such involvement; second, to develop a set of possible forest management practices along with forming a network of forest management experts; and, third, to build a broad coalition of interested parties in Russia. Education is critically important. It is important to teach representatives of legislative bodies as well as local and federal resource specialists how to work with members of the public. It is also important to educate the public about sustainable forest management, forest economics, and conservation of biodiversity.
Administrative measures that disregard natural systems for creating favorable habitats for humans, animals, and plants cannot result in sustainable development or preservation of the natural world. On the other hand, developing the legal framework for public involvement and elaborating guidelines for sustainability will allow fence-mending between interested participants and will lead to implementation of sustainable forest policy in Siberia.
The political and economical objectives and decisions influence increasing impact on forest management. The forests are faster and faster transformed and declined. Today these processes intensively go on through the world and especially in eastern part - in Asia, where Siberia and Russian Far East are placed.
In the final accounting these forests belong to the completely not forest specialists, and furthermore not to politicians and business managers. They are - major, and in boreal zone - essential element of ecosystem stability on the globe. The forests secure healthy natural environment, and consequently their condition is subject of care of all population. It is realized all in the greater extent and becomes clear, what exactly the population, as the most interested force, should participate in forest management and control administration process of the authorised state bodies (Involving 1999).
One of the major elements of state democratic development is the conditioning for broad involvement of a public in discussion and opening-up of political decisions. It is known, that if there is no public or mass media interest in a problem, practically there is no influence on politicians (Teplyakov 1999).
Forest management based on cooperation, is going in the best way, if:
There is a political will and when measures on taking care of social justice effectively are carried out
The groups of users of forest resources are legibly expressed and they are dependant on resources
Between the interested participants there is an agreement on that, as well as who should utilize forests. In this case very relevant, specially for poor strata of population, there is a question on land rights.
Russia step-by-step passes from command system of administration to democratic one. In our country, where only have appeared sprouts of substantial involvement of public entities in process of management of natural resources and nature conservation, development of new, and also systematizing already accepted statutory and administrative acts is required. In many federal organs of the executive authority, and also at their territorial organs in the subjects of Russian Federation there are no departments on public relations. This gap creates a lot of communication problems and as a consequent - week or unefficient public influence on decision making in area of use and protection of natural resources.
The tendencies of world development of the ecological, nature protection and forest legislation, management systems of natural resources demonstrate, that only there, where public is attracted for development of ecologically significant decisions, the results in many cases exceed anticipated effect. The population in most cases either benefits, or suffers from decisions accepted in the field of a resources use (California 1999, The Principal 1993, Tahoe 1990).
The process of public involving starts mostly on informing about problems facing before any administrative or managing bodies, which one need support. If the process of public informing is accompanied by education than chances for politicians to be understood increases. And only after the public accepts those tasks, which one attempt to solve with them together, there a conversation begins and mutual understanding and support occur. Thus, it is necessary to elaborate at least frame mechanism of public involving to solution of problems of forest sector of economy.
Only during perestroika (reformation) and glasnost' (publicity) public for the first time has received access to materials of the State account of forest fund. Despite of it, there is a problem both on access to information, and "transparency" of accepted decisions at regional and local levels.
Long time in Russia public was, and sometimes remains by the simple supernumerary at decision making. Despite of fixing in a series of laws articles about public involving in developing, discussion and decision making, the normative legal base is obviously poor. The public tends to have the information, wants to be heard and to help to the principals of a miscellaneous rank in acceptance of exact administrative solutions. Specially it concerns environmental problems and forest use, in this connection the special law on informing citizens is indispensable.
The precedent of creation of the special acts in this field is presented by model law "About access to ecological information», accepted on 10th plenary session of Assembly of the states - participants of CIS (order No. 10-7 from December 6, 1997). The law well agreed with Orhuss Convention of the ministers on an environment, which one contains a series of the key moments on access of a public to the information and justice, involvement in a solution of many ecological problems (UN Convention 1998).
The purpose of the Orhuss Convention is introduced at article 1: “For assistance to secure human rights of the present and future generations to live in an environment, favourable for their health and welfare, each Side guarantees access rights to the ecological information, on involvement of a public during decision making, on access to justice on problems tangent an environment, pursuant to statements of the present Convention” (UN Convention 1998).
The question on necessity of developing partner relations between state and public entities is permanently rising at different meetings, conferences, seminars and in published materials and documents in Russia and abroad. These problems have found reflex in regional studies of World Bank on forest policy of Russia, at regional and national seminars of International Union on Natural Conservation and at other actions on temperate and boreal forests in Russian Federation (Russia 1997, Teplyakov 1999).
In Russia the creation of mechanism of public affecting on consciousness of the people is extremely necessary. Humans cause approximately 80% of all forest fires, 100% of violating hunting and fishing rules, illegal harvesting other natural resources, almost 100% of environmental pollution. The creation of an intolerance in the society to the infringes of the nature protection legislation is necessary, because health and sometimes people life depends on it, and fortune of future generations (Involving 1999).
The Constitution of Russian Federation guarantees to each citizen freedom of thought and word, freedom of the mass information, right on join with guaranteed freedom of activity of public associations. Each citizen has the right to search, to gain, to develop and to distribute information by any legal methods (Constitution 1997). However till now there is no normative base and expertise of public involvement in decision making at forest management area. Development of the normative legal acts on engaging and involvement of public to preparation and making decision at forest management both for governing authorities and for public as well is important. This will make possible to define shape of consultation process, allow managers to better understanding of social needs and for public to better knowledge of forest management problems and better understanding and evaluation of a decisions to be made (Teplyakov 1999).
The basic problem of relationships of state patterns in the field of usage, protection and reproduction of forests is the knowledge of the citizens of forests. In this connection there is a series of problems about an access to information, confidence and interpretation of the information, transparency of activities of the sides in an information field, and also development of cooperative positions. The nature of public involvement, of ethnic groups of the population, native born and small indigenous people has found reflex in a series of the normative legal acts. Among them - Federal act "About ecological expertise" (1995), the Forest Code of Russian Federation (1997), the Comments to the Forest Ñode of Russian Federation (1997), the Forest legislation of Russian Federation (1998), decree of Government of Russian Federation on "Order of granting to the citizens and legal persons of the information about forest fund being federal property" (1997), the List of information about forest fund of Russian Federation given free and for fee (1998), order of Rosleskhoz (on 20.10.97, No. 143), the Forest Code of Khabarovsk Territory and Forest Code of Krasnoyarsk territory, developed in 2000 (Forest Code 1997, 1998, 2001). Besides there is a series of the departmental documents of a Federal Forest Service of Russia: The concept of sustainable forest management at Russian Federation (1998), Criteria and indicators of sustainable forest management at Russian Federation (1998) and others.
In particular, pursuant to the Federal law "About ecological expertise", citizens can express their opinion concerning object of ecological expertise both by means of conducting public ecological expertise, and by realization of diverse rights. According to article 19 of the indicated law citizens have right to direct in writing to specially authorized state organs in the field of ecological expertise the argued offers on ecological aspects of proposed economic and diverse activity. Thus for preparing decision by experts of state ecological expertise and at decision making about realization of object of such expertise public opinion should be considered (Bogdan 2000).
The other example of realization by the citizens of their rights to participate in decision making at forest management is conducting public ecological expertise of those objects, where the state ecological expertise is carried out at the same time or after. Public expertise could be organized under the citizens' initiative and public entities, and also under the initiative of institutions of local government. Thus the public entities realizing public ecological expertise, have the right:
1. To gain from customer documentation on subject of ecological expertise, in amount defined by Federal law
2. To acquaint with the normative - technical specifications establishing requirements to conducting of state ecological expertise
3. To participate as observers through their representatives in expert commissions of state ecological expertise and in discussion, conducted by them, of the concluding of public ecological expertise (Article 22 of the Law).
The decisions (conclusions) of public ecological expertise can be published in mass-media, transmitted to institutions of local government, organs of state ecological expertise, to the customers and to other interested bodies (Forest Law 1995, Bogdan 2000).
With the purposes of effective realization of the listed above documents relevant and well-timed is the initiative of International Union of a Natural Conservation (IUCN), its Moscow representation on developing project on "Creations of frame conditions for public involvement to management of Russian forests».
The target of this IUCN project is possible solution of problem by a way of:
Developing of guidelines and recommendations in the field of legislation,
Conditionings for public involvement in decision making at forest management and nature conservation,
Creations of frameworks of cooperation of the interested participants for usage of these guidelines and rules, fostering to realize objectives of Orhuss convention.
Among the basic partners the public non-governmental organizations and different groups of the populations interested in general-purpose usage of forest usefulness are represented Federal Forest Service of Russia, State Committee of Russian Federation on Environmental Protection, legislative and executive authority of all levels, scientific entities, universities, mass media and other interested organisations citizens (Teplyakov 1999).
For creation of the mechanism of public involvement to management of Russian forests it is necessary, at first, to learn and to perfect the Russian normative legal base, secondly, to form a net of the experts and structures on forest management, thirdly to build a broad coalition of interested Russian parties by conducting round tables, seminars, meetings etc.
The special notice should be given to strengthening-up of motives inducing public to participation in the management by engaging her to performance in mass media. It is important also to conduct target teaching of representatives of legislative bodies, specialists of local and federal agencies dealing with a public interaction.
Development of such guidelines and recommendations, and also normative legal acts with engaging of public will allow to some extent to eliminate the gap in interaction of the participants of forest relations. Engaging of specialists from other countries having experience on working with public in decision making, will enable to improve some aspects of completing project in Russia (Teplyakov 1999].
In this connection special value and concern has the normative - legal acts on forests, developed in Khabarovsk and Krasnoyarsk territories, in which one for the first time in Russia the articles, legislatively defining involvement of citizens and public associations in securing rational use, protection, and reproduction of forests are injected. The experience of developing these documents is specially valuable by that during their elaboration actively accepted leading Russian scientific, and also foreign experts and specialists from USDA-Forest Service, consulting firms of Norway, Finland, Canada and other countries (Forest Code 1998, 2001).
According to article 35 of the Forest Code of Krasnoyarsk territory, where rights of citizens and of public associations on a participation in forest management and use of forest resources are determined, the citizens have the following rights:
to establish public associations on the problems of efficient utilization and conservation of forests, to enter such associations, to pay their money in them
to take part in meetings, pickets, demonstrations, petitions, referendums and public lectures on problems of forest conservation, to say their opinions, to address with the letters, complains, applications on forest care problems, demand their consideration
to take part in the activity of voluntary fire personnel formations as it is determined
to get information on forest state and dynamics, effecting of economical activity on them, measures in their conservation from the appropriate state organs, the local self- governments, forestry government organs.
The citizens who enter the forest legal relations must:
take part in caring and conserving the forests as the core component of environment; follow the requirements of the forest and nature protective legislation
care and increase the forests thanks their creative work
assist to ecological education of the rising generation.
The forest and other public ecological organizations (associations) have the right:
to propagate their programs in forest conservation, to protect the rights and interests of citizens and communities in forest conservation, to involve the citizens in the activity in forest care on voluntary basis
to perform works in protection and regeneration of forests, to assist the state organs in fighting against any violations of the forest and nature protective legislation, to establish the public foundations for the purpose of forest care and to spend resources for measures in forest protection, conservation and regeneration at the expense of their own means and voluntary activity of citizens agreed with the territory administration of the federal forestry organ and forest enterprises
to recommend their representatives for taking part in the state and public ecological expertise concerning the objects determined by the legislation
to get the information on the forest protection, conservation and regeneration as it is determined
to organize meetings, pickets, demonstrations, petitions, referendums and signature collecting, to give suggestions for discussing the problems of forest conservation.
At realizing their authorities in the forest fund utilization, conservation, protection and forest regeneration the state organs and the local self- governments must take into account the suggestions and recommendations of citizens and public associations (Forest Code 2001).
One of examples of realization of this article of the Forest Code of Krasnoyarsk territory can be shown by activity of non-governmental nature protection entities (NGO), such as IUCN, "Green Peace", International Social-Ecological Union and its regional representations, "Friends of Siberian Forests" (Krasnoyarsk) and others. Skilfully using available nature protection legislation, NGO actively are engaged in propagation of ecological knowledge and making public opinion in spirit of harmonic sustainable development of the society, help and assist citizens in protection of their ecological interests and rights, including - judicially, participate in development of the normative - legal documentation, conducting of scientific research in the field of ecology and nature use, and also in publishing environmental information. The relevant direction of NGO activity is consulting citizens in sphere of us, protection and restoration of forests and other natural resources (Involving 1999).
The article 36 of the Forest Code of Krasnoyarsk Territory regulates the order of conducting public hearings in the field of usage, protection and restoration of forests. In the article is determined, that:
public hearings in the sphere of the forest fund utilization, conservation, protection and forest regeneration can be organized and conducted upon the initiative of the territorial organs, the local self- governments, the territory administration of the federal forestry organ, forestry enterprises, public organizations (associations) for the purpose of informing the whole community and discussing the most important problems in the forest fund utilization, conservation, protection and forest regeneration
the initiators of public hearings give the information on their conducting in mass media not later than a month before
public hearings can be conducted at the expense of the territorial budget means, local budgets and other means not forbidden by legislation
the materials of theses public hearings are brought for sure to the population notice through mass media in the 10- day- term from the day of hearings
the results of public hearings have a nature of recommendation.
The article 37 of the Forest Code of Krasnoyarsk Territory concerns Organizing the educating, teaching as well as giving the population the information on the forest fund utilization, conservation, protection and forest regeneration. In this article it is stated as:
organizing the education of the population is realized for the purpose to impart the habits of care for the nature, also for the purpose of efficient utilization of forest resources, forest protection and regeneration by publications and propagation the materials and films about fire preventive-, nature and forest protective activity, realization of programs for ecological teaching of schoolchildren, conducting public hearings and discussions, involving the population in fire preventive-, nature and forest protective activities
the territorial administration elaborates the corresponding program of educating, teaching the population in the sphere of the forest fund utilization, conservation, protection and forest regeneration upon agreeing with the local self- governments of regions and the territory cities. The program financing can be realized at the expense of the territorial budget as well as other means not forbidden by the legislation.
The citizens and public associations have the right of access to the information on the forest state and dynamics as well as on utilization, conservation, protection and regeneration of forests except the following information:
which has restrictions in access established by the law
which is or can be a commercial secret
which is confidential.
The information got at the expense of the territorial and local budgets and which is the territorial state or municipal property can be given to the citizens- residents and native juridical persons gratis excluding the cost of preparing information in the form and in time established by legislation if this information is used for:
social and economical development of the territory
monitoring and assessing the forest utilization, regeneration, conservation and protection
education
research.
The information which is the territorial state or municipal property is paid by the foreign citizens and juridical persons who are not registered in the Russian Federation area as the taxpayers as it is determined.
The agency, which is authorized for information collecting and keeping has all the responsibility for giving the information which is the territorial state or municipal property. The information got at the expense of means of citizens and juridical persons and which is their property is given upon discretion of their owners paid or unpaid under terms foreseen by the legislation except the cases when the owner must give the information under the lease terms (Forest Code 2001).
It is necessary to point importance of forest education of local population and general public, transfer of skills to them on sustainable forest management, stable forest economy and natural biodiversity conservation. Administrative prohibitive measures disregarding and regulation of all natural situation in terms of creation a favorable habitats for humans, animals and plants is dead-end way of mankind development and nature use.
In the mentioned above articles of the Forest Code of Krasnoyarsk Territory it is stated that public should be granted by a broad spectrum of rights in forest management sphere and determination of forest policy at the territory. However mechanisms of realization of these rights are still required to be formulated and perfected hereinafter.
Elaboration of guides and recommendations and also complete of norm and legal acts with public involvement will allow to bridge a gap in fence-mending between participants of forest relations. As well as attraction of experts from other countries experienced at working with public on a decision making process will allow to improve some important aspects of implementing sustainable forest policy in Siberia.
This paper was presented at the XII World Forestry Congress in Quebec City, Canada, September 2003.
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| [1] Laboratory of Forest Inventory
and Forest Planning, V.N. Sukachev Institute of Forest, Russian Academy
of Sciences, Siberian Branch, Akademgorodok, Krasnoyarsk, 660036, Russia.
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