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

The Remake of a Statecoaching and self monitoring exercises, has also been reinforced by thepolitical situation in the country. This pertains not only to the discriminatedclaiming their rights, but also to the privileged realising that they mustacknowledge the rights and views of others. Lastly, during the conflictperiod, those who possessed the means to flee to urban areas generallydid so (and have not returned). This was true more of village elites thanothers; their exodus paved the way for more disadvantaged persons tobecome active in CFUGs.4.2 Enabling environment for CFUGsOur experience shows that appropriate policy and legal environment isvery much necessary for CFUGs to be well governed. Some of the factorsinclude legal autonomy, supportive role of the state and the conflictresolution mechanism (Pokharel 1998).Groups’ legal autonomy: CFUGs are autonomous and independent bodies.Forest legislation recognises their independent status as civil societyorganisations. In legal terms, they are not directly controlled by thegovernment authorities. Rather they are considered to be the partnerswith the government, NGO and private sectors.The relationship between CFUGs and the state: The national governmenthas the statutory power to hand forests over to communities and also totake them back if CFUGs do not function in accordance with the local rulesagreed in the CFUG’s forest operational plan. Nevertheless, the State hasto re-hand over forest within 30 days after solving the problems that CFUGsface. CFUGs have the authority to make rules and to apply sanctioningmechanisms to any individuals. In addition, the State has made a clearcommitment not to limit the duration for which resources would behanded over, although the renewal of forest operational plans is necessaryevery 5-10 years. CFUGs are to be formed, registered and supported bythe State through its regular staff and development budget.Conflict resolution mechanisms: CFUGs have to have power to mediateand resolve conflicts among members within their group by themselves,and in many occasions they have negotiated with non-CFUG members aswell to resolve conflicts. This role of CFUGs is being recognised by theState. Nevertheless, supportive role of the State and judiciary is necessaryto empower CFUGs in exercising their rights, roles, responsibilities andin taking risks to protect forests against the interests of outsiders whowant to encroach upon the forest land and tend to abuse or misuse theresources.77