English - Support to Participatory Constitution Building in Nepal ...

The Remake of a Stateto be an interim institutional arrangement to transfer the state propertyto common property regime.5. Community forestry: A viable regime for governingforest resourcesThe theory does not encompass institutional arrangements wherecommon property institutions partner with bureaucratic state agencies.The members of common property regime are perceived by the stateagents merely as clients, not as partners. However, community forestryregime is a unique arrangement where state agency, which operates underbureaucratic framework, establishes partnership with the communitygroups. The later operate under the broad principle of common propertyregime. In this sense, community forestry can be said to be a transitionbetween the state and the common property regime.Within common property theory, community-based organisations areseen as autonomous entities isolated from government bureaucracy,so it too does not recognise partnerships with state bureaucracies.Instead minimal state involvement is desired. Bromley and Cernea (1989)suggest that the state should not be involved in resource managementprojects which are initiated and managed by the community. In fact, theyblame obtrusive state policies for undermining local initiatives. A similarinterpretation of state intervention was put forward by Migdal (1974 and1988), who had argued that the more the local institutions link up with thestate, the more they become an expression of its apparatus.It is usually the case that state agencies form ‘community-basedorganisations’ in the way that suits them best. Usually governmentpolicies, legislations, extension programmes, support systems and theconditions of partnership are devised by the state in such a way so asto ensure that state agencies fulfil its own specific objectives. The newlyformed community-based organisations have, therefore, become thetools which in real terms are the expression of the state agencies (Migdal1974 and 1988; Hirsch 1993), although, in a different style and tone.Evidences show that despite having only few rights, community forestryregime can have better environmental and social outcomes in terms ofimproved resource condition, efficiency and effectiveness in collectiveaction and equity in cost and benefit distribution. It is reported that therehave been some mechanisms in place to ensure a greater proportion ofbenefits accessible to the poor and the most disadvantaged users (Neupane119