ASSESSING MAJOR ISSUES AND CHALLENGES OF DEVELOPMENT

OF COMMUNITY FOREST IN NEPAL

 TABLE OF CONTENT

1 Background

1.1 Objectives

1.2 Methodology

1.3 Limitation

2.1 Introduction to the Community Forest

2.2 Legal Provisions regarding Community Forest in Nepal
2.3 Major Issues and Challenges of Community Forest Development in Nepal.

3. Conclusion
 1. Background

The World today is surrounded by problems of Development and Environmental concern. Going
with the works of development along with the conservation of environment at present has been
established as the concept of sustainable development. The concept of Sustainable Development
helps maintaining a delicate balance between the human needs in one hand and preserving
natural environment and ecosystem on which the present and future generation depend
upon.1Similarly, the concept also integrates three paradoxical aspects i.e. Economic Growth,
Social Development and Environmental Protection.2

The concept of sustainable development has been provided with several of definition and has
best been defined as, “Development that meets the needs of the present without compromising
the ability of future generations to meet their own needs."3 Today world globally faces the
problem of population growth whereby human needs accelerate with the growth in ratio of the
population but the environment and the resources at constant can’t fulfill the growth in human
needs. To this point, the concept of sustainable development has emerged as a integrative
concept.

The Community Forest System practiced at present is one such approach for sustainable
development whereby the local community can depend upon their basic livelihood like timber
and firewood’s and also at the same end can balance with the needs of Environmental Protection.
Thus, as the System is eclectic one integrating the problems Humanity witnesses at present.

1.1 Objectives

The major objectives of this paper are:

Assess the major issues and challenges of the development of Community forest in Nepal

Similarly, analyze the legal provisions regarding the prior.

1.2 Methodology

1
Sustainable Development, Poverty and Population Growth available at
http://www.oppapers.com/essays/Sustainable-Development-Poverty-And-Population-Growth/471833 accessed on
March 10, 2011.
2
Sustainable Development Law and Legal Definition available at http://definitions.uslegal.com/s/sustainable-
development/ accessed on March 10, 2011.
3
World Commission on Environment and Development’s (The Brundtland Commission) report Our Common
Future (Oxford: Oxford University Press, 1987).
The paper is based on literary works and uses data as required for the purpose. It thereby is an
outcome of Library and internet sources.

1.3 Limitation

The paper strictly limits its periphery to the context of Community Forest System in Nepal and
the related aspects thereto.

2.1 Introduction to Community Forest

Our Environment is provided with huge species of plant and animals scientifically expressed as
fauna and flora. Forest is the only habitat common to these wide species of flora and fauna.
Forest is home to these species and thus is crucial for the existence of the same. By far, they not
only have a crucial role to such species but also have an effective nexus with human well being
as they are the prime regulators of ecological functions. The regulation of Climatic conditions,
the water resources that are preserved via forest, the water cycle process are few examples forest
help in balancing Ecological System.

Human population growth has been an imminent threat to the process of forest expansion
supplemented by the government policies around the globe to nationalize forest 4 whereby the
people are bound to believe as not having ownership over the forest and thereby for the
subsequent satisfaction of the needs of human dependent on people, forest have not only been
exploited to the manner and extent as possible but the alternatives of forest are compared to
agricultural lands and thereby Deforestation has been gaining up importance among people
rather than its preservation and customary forms of Forest preservation has degraded since.5

Community Forest is “Any situation which intimately involves local people in a forestry activity
embracing a spectrum of situations ranging from woodlots in areas which are short of wood and

4
Southeast Asia’s forests were nationalized in the 20th century and the timber industry
expanded its operations throughout the region, vast areas of forests were degraded. At the
same time, indigenous systems of management were displaced. Poffenberger Mark., People in the forest:
Community forestry experiences from Southeast Asia, Int. J. Environment and Sustainable Development, Vol. 5,
No. 1, 2006, 57, 60
5
Ibid.
other forest products for local needs, through the growing of trees at the farm level to provide
cash crops and the processing of forest products at the household, artisan or small industry level
to generate income, to the activities of forest dwelling communities” 6

"Community forestry is a village-level forestry activity, decided on collectively and implemented

on communal land, where local populations participate in the planning, establishing, managing
and harvesting of forest crops, and so receive a major proportion of the socio-economic and
ecological benefits from the forest."7Similarly, "Community forestry has the following
characteristics: the local community controls a clearly and legally defined area of forest; the local
community is free from governmental and other outside pressure concerning the utilization of
that forest; if the forestry involves commercial sale of timber or other products, then the
community is free from economic exploitation of markets or other pressure from outside forces;
the community has long-term security of tenure over the forest and sees its future as being tied to
the forest"8

The concept has its origin in the conflict of a fact. People earlier domesticated the trees that were
essentially important for agriculture and left back the other trees. However, there are some
essential connections bringing the people and the trees together. The total separation of forestry
and agriculture only domesticated few species of trees and left the importance of other unnoticed
and by that very virtue the narrow forms of development via Industrialization could not succeed
and satisfactorily fulfill the needs of the people. The most prominent example of fuel shortage
and the contribution of woods in fuel 9 would be significant to the context prior mentioned. Thus,
the negligent agriculture marched towards the rural system 10 taking along the needs of rural

6
See The Definition provided by FAO in 1978 available at http://www.fao.org/docrep/u5610e/u5610e04.htm
accessed on March 10, 2011.
7
Martel and Whyte, 1992 available at http://www.rainforestinfo.org.au/good_wood/comm_fy.htm accessed on
March 10,2011.
8
Revington, J., Rainforest Information Centre, 1992, available at
http://www.rainforestinfo.org.au/good_wood/comm_fy.htm accessed on March 10,2011.

9
It has been estimated that wood roughly contributes 20% of all energy in Asia and Latin America and about 50%
of all energy in Africa is wood generated available at http://www.fao.org/docrep/u5610e/u5610e04.htm accessed on
March 11, 2011.
10
See World Conference on Agrarian Reform and Rural Development (WCARRD) held by FAO in July 1979.
population involvement in agricultural pattern and as such Community Forest is one live
example of such.

Community Forest is thus a form whereby multiple necessities of environment and fulfilling the
needs of people is attained at the same time with the help of local participation and user group
who solely perform the regulatory functions and benefit not only themselves but also, address the
greater concern of Environmental Conservation. Nepal today classifies forest in five broad
headings namely Government managed forest, leasehold forest, religious forest, protected forest
and community forest.11 This classification however is a systematic approach towards forestry
conservation.

2.2 Legal Provisions regarding Community Forest in Nepal.

Nepal’s Forestry today seems to be regulated by acts, regulations, directives, guidelines and
circular, cross sectoral laws and policies including the five year periodic plans and International
conventions and treaties.

Forest Act, 2049

"Community Forest” means the National Forest handed over to users group pursuant to section
25 for the development, protection and utilization of common interest in the interest of the
community.12

Chapter 5 of the Forest Act, 2049 clearly identifies the essential provisions regarding the
Community Forest system in Nepal whereby District Forest Officer (hereinafter DFO) may
handover the National Forest to the user group who solely act as the de facto controller of the
forest and have privileges to conserve, use, develop and manage forest as per the work plan set
upon by the user group.13Such user groups are created within the authority of DFO and DFO is a
body to assist the local community groups for the formulation of Work Plan.

11
See Preamble to Forest Act, 2049.
12
Sec 2 (h), Forest Act, 2049
13
Sec 25 (1), Forest Act, 2049.
Regarding, the amendments, the amendment made by the user group in work shall be informed
to DFO and DFO can issue directives to the user groups, for not to implement such plans that
adversely affects environment and is a strict duty of the user group to comply with such.14

Similarly, if the duty as prescribe is not fulfilled the DFO can cancel the registration of the user
groups and might take back the community forest giving them a reasonable time for their
clarification. However, if such officers act with a malicious intent exercising the authorities
granted by law, the official is to be punished and the user group not satisfied by the decision of
DFO can have appeal before the Regional Forest Director.15 If the decision of Regional Forest
Director goes in favor of user group, the Community Forest should be given back to the user
group.16

The user group is the penal authority to punish the user contravening with Work plan. 17
Community forests are the matters of priorities. 18 The user group shall invest 25% of the income
for the development of Forest and the rest for other works.19

Forest Rule, 2051

Following the Forest Act, 2049 Nepal has Forest Regulation which generally mentions or
explicates about the procedural framework to be followed and the internal management aspects
of the user groups, the tentative outlet of a work plan and things not permitted to do. Apart from
the process of registration and filling applications, Forest Regulation covers broader aspects.

Specifically, the work plan of the user group shall involve the maps of the forest, its area,
situation and type of the forest, distributing forest in blocks, analyzing the types of soil, the

14
Sec 26, Forest Act, 2049.
15
Sec 27, Forest Act, 2049.
16
Sec 28, Forest Act, 2049.
17
Sec 29, Forest Act, 2049.
18
Sec 30, Forest Act, 2049.
19
Sec 30A, Forest Act, 2049.
objectives of forest management, the works for forest promotion, the issues regarding the
distribution of the forest incomes (Ban Paidawar) and the income from other sources.20

Similarly, the Rules talk about the activities that are not to be done in community forest i.e. no
acts of destructing forest, and lease holding of the community forest land, no making of huts,
acts like capturing and killing of wild species found in the forest is not permitted, the acts of
destroying forest to extract soil, rocks, sand or as such.

Apart from this the regulation talks about the establishment procedure of the User Group Fund
and importantly the distribution process of the Ban Paidawar.

The Community Forest Directives, 205221

Community Forest Directives, 2052 have come in line with the Forest Rules, 2051 and are a
strategic approach from the side of the government so as to manage the community forest. It
talks about the management guidelines and policies that are to be taken for the preservation and
development of community forest system.

It covers the technical aspects of Community forest and approaches to be taken. Similarly, it tries
to enhance the people’s participation process in the making of the constitution of user group and
framing of the work plan as deemed necessary by the user group. This basically focuses upon the
operational plan and the technical aspects therein.

2.3 Major Challenges and Issues for the Development of Community Forest in Nepal

Out of total land area of Nepal, forest covers about 29.0% (4.27 million hectare) and shrub
covers 10.6% (1.56 million ha). In the whole country, from 1978/79 to 1994, forest area has
decreased at an annual rate of 1.7%, whereas forest and shrub together have decreased at an
annual rate of 0.5% (DFRS, 1999). But many studies on the Community Forest proved that the
area of forest cover is increasing in mid-hill. One study on community forest notes that, the

20
Rule 28 of Forest Rules, 2051.
21
Ministry of Forest and Soil Conservation, Department of Forests, Government of Nepal, 1995.
group of VDC with community forestry, high forest area increased by 77%, in comparison with
13% for VDCs without community forest.22

Community Forest preserves greater importance in the countries that are poor and recently
developing23 and helps boosting the local communities by power devolution and ownership
transfer by which a sensible community is created in one hand and the higher importance of
environment conservation are done. However, to this necessity these processes of community
forest development are surrounded by various challenges.

Firstly, the community forest program utilizes a communal people and thereby the necessity for
such is a highly homogenous society. However, the process of urbanization in Nepal has made
the migration to very many places and the composure of the society today has started being
highly heterogeneous. This is one of the first and foremost challenges for the development of
community forestry in Nepal.
Nepal has a very good history of Community forest and has been legally working upon it from
past 15 years based on the customary practices of the past however another challenges we face is
the stagnant political process. The sustainable government doesn’t exist in Nepal and thereto the
policies and plans made in one government have low chances of implementation. This is the
challenge out of ones control and of policy level.

Similarly, In May 2000 the Council of Ministers passed a conceptual framework that was
developed through singular perspectives involving a seven-point decision that mostly oppositely
relate to community forestry. Out of the decisions, the seventh decision intends to collect 40%
incomes of selling the timber for the commercial purpose of the user groups as government
royalty24. It is in one hand illegal given the existing regulatory provisions, and on the other
negatively affects the speed of community forestry activities. These sorts of confusion in the
existing laws and confusion in revenue collection procedure act as another major challenge for
Community Forest development.

22
Khanal Raj Dilli., Pluralistic Policy on Forest Management: A Challenge for Community Forestry in Nepal
available at http://www.fao.org/DOCREP/ARTICLE/WFC/XII/0747-C2.HTM accessed on March 11, 2011.
23
Sunderlin William D., Community Forestry and Poverty Alleviation in Cambodia, Lao-PDR, and Vietnam: An
Agenda for Research, A position paper presented at the Regional Consultation Workshop for ADB-RETA 6115:
“Poverty Reduction in Upland Communities in the Mekong Region through Improved Community and Industrial
Forestry” September 1-2, 2004
24
(HMG/N, 2000)
Furthermore, MoFSC and the DoF both have time to time issued certain orders that discourage
and harass the communities in their regular businesses contradictory to the prevailing regulatory
provisions and petitions against them are under consideration in the Supreme Court.
Recommendations of the Parliamentary committees are neglected, whereas illegitimate orders
are instantly implemented. Such moves of government authorities are strongly opposed at the
local levels which would not only impede the socio-economic development of the people but also
demoralize the interest of people in community forest programs and its development.

In January 2000, the Department of Forests made an amendment on Community Forestry

directive to introduce the provision of inventory and these provisions were also applied to
community forests that were earlier handed over (MoFSC, 2000). Community forests with terms
terminated and those without inventory of growing stock were taken back. This marks a
conspiracy to take back community forests. Generally Operational Plan for the CF is made for
five years but it is not well mentioned in the Forest Act in any form. Half of the operational plan
of CF is seem to be over by now. Although to some extend it is technical and is largely
dependent on the social policy on constituting the operational plan of CF. But the Inventory
Guideline made to inventory the resources in making CF operational plan in Nepal is technically
complicated which even the technician themselves can not go along with it and therefore it is
making burden on Local Communities. Having it unable to amend it has created a dilemma for
the simplification of the Inventory Guideline is at the high rate.

Furthermore, the sustainability of community forest in Terai region seems another challenge
whereby reasonable number of regeneration is found in all forest. The CF which has less number
of mature trees found maximum number of undergrowth as well as high growing stock of pole.
The forest which has less number of mature trees but more poles also has fewer saplings that
mean high coverage of pole retards the growth of saplings. This means there is a genuine
challenge for the sustainability of forest in Terai region.

Furthermore, the Regional Concept of Forest management within adjoining borders and the
community living therein is another profound challenge. However, the unwillingness of
Government to this sense can be lethal to the growth of community forest. For example, Nepal
has rich sources of medicinal herbs in higher altitudes or Himalayas but the unwillingness of
government to hand over such forest to the local people is another back drop for the development
of community forest.

Apart from above, various minor challenges like theft of forest property, extracting resources,
making huts inside and misutilizing the resources therein and strict supervision for the same is
another challenge as community is possessed of various threats and can’t fully develop a system
of investigation within themselves.

3. Conclusion

Nepal thus seems to have various challenges for the development of community forest and
thereby the pluralistic policies is one of the main challenges for Nepal to sustain the Community
Forest system. Despite our legal frameworks have substantially preferred community forest
system the difference arising out of the various policies have adversely affected the development
process. Furthermore, the heterogeneity caused by urbanization is another prime challenge to the
development of Community Forest System in Nepal.
Bibliography

Forest Act, 2049.

Forest Rules, 2051`
Community Forest Directives, 2051
Khanal Raj Dilli., Pluralistic Policy on Forest Management: A Challenge for Community Forestry in Nepal
Poffenberger Mark., People in the forest: Community forestry experiences from Southeast Asia, Int. J.
Environment and Sustainable Development, Vol. 5, No. 1, 2006, 57, 60
Sustainable Development, Poverty and Population Growth available at
http://www.oppapers.com/essays/Sustainable-Development-Poverty-And-Population-Growth/471833 accessed on
March 10, 2011.
Sustainable Development Law and Legal Definition available at http://definitions.uslegal.com/s/sustainable-
development/ accessed on March 10, 2011.
Sunderlin William D., Community Forestry and Poverty Alleviation in Cambodia, Lao-PDR, and Vietnam: An
Agenda for Research, A position paper presented at the Regional Consultation Workshop for ADB-RETA 6115:
“Poverty Reduction in Upland Communities in the Mekong Region through Improved Community and Industrial
Forestry” September 1-2, 2004
World Commission on Environment and Development’s (The Brundtland Commission) report Our Common
Future (Oxford: Oxford University Press, 1987).
World Conference on Agrarian Reform and Rural Development (WCARRD) held by FAO in July 1979.

Websites
www.lawcommission.gov.np
www.forestrynepal.org
www.mfsc.np
www.fao.org
www.lexisnexis.com