Forests Sourcebook - HCV Resource Network
Forests Sourcebook - HCV Resource Network Forests Sourcebook - HCV Resource Network
ANNEX 5.3A A CHECKLIST OF POTENTIAL ISSUES FOR THE FOREST LAW ADVISER Note that in a given project, not every issue will rise to the point of demanding legal reform. This annex is based on Christy, Di Leva, and Lindsay (2007). Tenure Recognizing traditional and customary rights Providing for rapid adjudication of disputed boundaries and claims Delineating private property rights Public forest management Setting primary management goals beyond production of economic goods Establishing inventory and planning requirements, with environmental impact assessments Controlling concessions Private forest management Simplifying commercial regulation Setting environmental standards Decentralization and devolution of authority (See note 5.1, Decentralized Forest Management) Setting rules for community forestry Delineating powers of local governments over forests Public participation and transparency Requiring public access to agency plans, rules, and guidance Allowing public participation in agency planning, rule-making, and enforcement Creating efficient conflict resolution mechanisms Requiring public officials to disclose financial interests Sustainability and environmental protection Promoting noncommercial uses and values, such as environmental services Creating reserves and parks Creating standards or incentives for private forest stewardship Commerce and trade Regulating domestic transport and sales Regulating mills and other processing of forest products Regulating international trade associated with forests Finance and taxation Setting taxes and fees Providing for collection of taxes and fees Establishing dedicated uses of forest income, such as forest funds Institutional reform Establishing roles of ministerand forest agency Assigning roles among competing ministries Enhancing the public’s role Establishing commissions and advisory bodies Defining the role of state forest corporations Offenses and enforcement Delineating the enforcement powers of officers Defining criminal offenses and determining associated penalties Defining civil wrongs and setting the associated measures of damages Setting the process for prosecuting or compounding offenses Setting rules of evidence and proof 178 CHAPTER 5: IMPROVING FOREST GOVERNANCE
ANNEX 5.3B SIX DRAFTING PRINCIPLES FOR CREATING BETTER FOREST LAWS From Lindsay, Mekouar, and Christy (2002). Principle 1: Avoid legislative overreach The new law should match the capacity, needs, and social context of the country. Principle 2: Avoid unnecessary, superfluous, or cumbersome licensing and approval requirements These can stifle private sector forest use. Do not create these without good cause. Principle 3: Include provisions that enhance the transparency and accountability of forest decisionmaking processes A broad range of mechanisms are available to accomplish transparency and accountability, including specific limits on the exercise of government discretion, requirements to seek public comment on plans and decisions, access to information rules, oversight bodies, and citizen access to the courts. Principle 4: Enhance the stake of local nongovernment actors in the sustainable management of forests The trend around the world is toward more local control of forest resources. The law can guarantee local actors secure rights while also granting them some flexibility in how they exercise those rights. Principle 5: The drafting of law needs to be a broadly participatory process Public participation improves the substance of law, and the process helps build support for law. Principle 6: Increase the effectiveness of direct law enforcement mechanisms set forth in forestry legislation Reformers should pay attention to both the penalties and the processes of law enforcement. NOTE 5.3: STRENGTHENING LEGAL FRAMEWORKS IN THE FOREST SECTOR 179
- Page 127 and 128: Encourage stakeholder participation
- Page 129 and 130: Box 4.5 Tradeoffs Framework Used in
- Page 131 and 132: Sector and Thematic Evaluation, Ope
- Page 133 and 134: Identify planning team members and
- Page 135 and 136: Involve relevant stakeholders in de
- Page 137 and 138: needs of implementing partners and
- Page 139 and 140: NOTE 4.2 Assessing Outcomes of Land
- Page 141 and 142: Box 4.13 Possible Indicators for As
- Page 143 and 144: NOTE 4.3 Using Adaptive Management
- Page 145 and 146: ■ ■ ■ ■ Develop a project p
- Page 147 and 148: Another important and useful proces
- Page 149 and 150: theless, it is never too late to st
- Page 151 and 152: CHAPTER 5 IMPROVING FOREST GOVERNAN
- Page 153 and 154: Improving forest governance and leg
- Page 155 and 156: tant part of the World Bank’s con
- Page 157 and 158: sector with broader governance and
- Page 159 and 160: NOTE 5.1 Decentralized Forest Manag
- Page 161 and 162: Assess the overall decentralization
- Page 163 and 164: Box 5.5 Nicaragua: Asymmetries Betw
- Page 165 and 166: Parker, A. 1995. “Decentralizatio
- Page 167 and 168: ■ ■ ■ Management of forests (
- Page 169 and 170: such as designing a transparent con
- Page 171 and 172: Box 5.11 Citizen Report Cards: Benc
- Page 173 and 174: NOTE 5.3 Strengthening Legal Framew
- Page 175 and 176: Box 5.13 Working on the Law with La
- Page 177: In addition, the process of public
- Page 181 and 182: forestry policy or to promote other
- Page 183 and 184: The most common fiscal incentives i
- Page 185 and 186: is reasonable to allow the administ
- Page 187 and 188: ANNEX 5.4A A SUMMARY OF THE DIFFERE
- Page 189 and 190: NOTE 5.5 ADDRESSING ILLEGAL LOGGING
- Page 191 and 192: Box 5.17 Measures Specific to Comba
- Page 193 and 194: ■ ■ ■ initially have to compe
- Page 195 and 196: enterprises may be motivated to joi
- Page 197 and 198: NOTES 1. This note is based on Worl
- Page 199 and 200: ANNEX 5.5B TYPICAL CONTEXTS OF ILLE
- Page 201: Typical contexts Potential drivers
- Page 204 and 205: Box 6.1 Indonesian Structural Adjus
- Page 206 and 207: Box 6.2 Upstream Analyses on Energy
- Page 208 and 209: Box 6.3 Positive Impact of Agrarian
- Page 210 and 211: Box 6.4 Use of the Rapid CEA Approa
- Page 212 and 213: ———. 2005. “Development Pol
- Page 214 and 215: NOTE 6.1 Using National Forest Prog
- Page 216 and 217: Box 6.6 Basic Principles of NFP Pre
- Page 218 and 219: Implementation. The implementation
- Page 220 and 221: allow for each country’s differen
- Page 222 and 223: limited in the coverage and duratio
- Page 224 and 225: Box 6.12 The Use of DPLs to Support
- Page 226 and 227: Box 6.13 Using DPLs in Lao PDR for
ANNEX 5.3A<br />
A CHECKLIST OF POTENTIAL ISSUES FOR THE FOREST LAW ADVISER<br />
Note that in a given project, not every issue will rise to the point<br />
of demanding legal reform. This annex is based on Christy,<br />
Di Leva, and Lindsay (2007).<br />
Tenure<br />
Recognizing traditional and customary rights<br />
Providing for rapid adjudication of disputed<br />
boundaries and claims<br />
Delineating private property rights<br />
Public forest management<br />
Setting primary management goals beyond production<br />
of economic goods<br />
Establishing inventory and planning requirements, with<br />
environmental impact assessments<br />
Controlling concessions<br />
Private forest management<br />
Simplifying commercial regulation<br />
Setting environmental standards<br />
Decentralization and devolution of authority<br />
(See note 5.1, Decentralized Forest Management)<br />
Setting rules for community forestry<br />
Delineating powers of local governments over forests<br />
Public participation and transparency<br />
Requiring public access to agency plans, rules, and<br />
guidance<br />
Allowing public participation in agency planning,<br />
rule-making, and enforcement<br />
Creating efficient conflict resolution mechanisms<br />
Requiring public officials to disclose financial<br />
interests<br />
Sustainability and environmental protection<br />
Promoting noncommercial uses and values, such as<br />
environmental services<br />
Creating reserves and parks<br />
Creating standards or incentives for private forest<br />
stewardship<br />
Commerce and trade<br />
Regulating domestic transport and sales<br />
Regulating mills and other processing of forest products<br />
Regulating international trade associated with forests<br />
Finance and taxation<br />
Setting taxes and fees<br />
Providing for collection of taxes and fees<br />
Establishing dedicated uses of forest income, such as<br />
forest funds<br />
Institutional reform<br />
Establishing roles of ministerand forest agency<br />
Assigning roles among competing ministries<br />
Enhancing the public’s role<br />
Establishing commissions and advisory bodies<br />
Defining the role of state forest corporations<br />
Offenses and enforcement<br />
Delineating the enforcement powers of officers<br />
Defining criminal offenses and determining associated<br />
penalties<br />
Defining civil wrongs and setting the associated<br />
measures of damages<br />
Setting the process for prosecuting or compounding<br />
offenses<br />
Setting rules of evidence and proof<br />
178 CHAPTER 5: IMPROVING FOREST GOVERNANCE
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