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] CONFLICTAND COLLABORATION:

] EIGHTH WORKSHOPON COMMUNITYMANAGEMENT

OF FORESTLANDS
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] Edited by

] J. Fox, L. Fisher, and C. Cook

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J Program on Environment
J East-West Center
Honolul~ Hawaii

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J February 18- March 28>1997

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Program on Environment publishesOccasionalPapers, Working Papers, and Project Papers. _j
asional Papers are monograph-lengthmanuscriptswhich are subject to internal and external peer
~w.edited, and distributed at a modest cost. ·-1
rking Papers present results of completedand ongoingresearch to inform interested colleagues about
{ in progress. They are reviewedintemally,edited, and distributed in limited numbeni for comment and
ussion. J
ject Papers present research results withthe least possibledelay. They are approved for publication by a
1w,are not always reviewed or edited, and distributedby the projects. ! J
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Table of Contents

Prcface ...................................................................................................................................................................... .ii

Macro-Policy Analysis

Beyond Experimentation: Emerging Issues and Conflicts over

Joint Forest Management in India
Sushi] Saigal. Society for the Promotion of Wasteland Development, INDIA ............................................. 1

The Next Challenge of Community Forestry: Issues oflnstitutionalization

of Forest User Groups in Nepal
Netra Tumbahangphe, UK-Nepal Community Forestry Project, NEPAL..................................................
27

New Alliances: Politics and Environmental Decision-making in 1ha.iland

Sayamol Kaiyourawong, Legal Defense Program,Project for Ecological Recovery, THAILAND...........39

Community Forestry Legislation in Thailand and the Resolution of Forest Land-Use Conflicts
Suchart Kalyawongsa, Royal Forest l)epartJnent. 'IHAil.AND ................................................................. 55

Site-Based Case Studies

Community Conflict and Conflict Resolution in the Hills of Nepal: A Case Study from Sindhuli
Ramesh Khadlca,Action Aid, NEPAL ......................................................................................................... 75

Legal and Policy Instruments for Resolving Conflicts in the Rajaji National Park,
Uttac Pradesh, India
Veera Kaul Singh. Centrefor Environmental Law, World Wide Fund for Nature, INDIA........................96

Conflict Management and Community Forestry:A Case of

the Nangun River NatureReserve. Yunnan, China"
Lai Qing I(qi. Southwest ForestCollege. K.tmnw%Yunnan,CHINA.....................................................116

A Nested Dispute: The Case of Swifts' Nests in the Bentuang Karimun National Parle, Indonesia
Mering Ngo, World Wide Fund for Nature, INDONESIA ....................................................................... 136

When the Well Runs Dry: A Civil Approach to Watershed Planning and Management
in Cebu, Philippines
Evelyn Nacario-Castro, Ramon Aboitiz Foundation, Cebu, PHILlPPINES ............................................ 153

. An Enterprise in Transition: Challenges and New Approaches to Community Forestry in Vietnam

.... Ngµyen Vu Khoi
ConservationProject.CAREIntemational. VIETNAM....................................182
Cat TlenNational l>a:dc:

Old Traditions,'Different Values: Community Forest Management in New Mexico

., Richard Pacheco, Western Netv.'ork,Ne\VMexico,USA ........................................................................ 201
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Conflict and Collaboration: Community Managementof Forest Lands
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Preface
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Conflict is an inevitable feature of complex social systems, particularly when major change is afoot.
In Southeast Asia, the history of forest management is punctuated by competition and conflict over these D
critical upland resources. In the post-colonial era, national governments have struggled to articulate policies
that meet the multiple demands for state revenues, commercial exploitation, local communities' needs, and D
long-term conservation objectives, while reflecting the profound economic and social changes occurring in the
region. Changes within the forestry sector, both in policy and practice, have provided fertile ground for D
conflict, and a growing awareness of the need for more inclusive and collaborative

approaches to management of the region's forest reserves. D

While the pace of change has varied in individual countries, the overall trend in Asia indicates a

pronounced shift toward devolution of forest management, in which local communities are increasingly D
factored into decision-making over protection and use of forest resources. The emergence of social and
community forestry programs, as well as new institutional approaches to joint management of forests,
watersheds, and protected areas, are relatively recent experiments in the way state agencies manage their
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forest resources. lhis general reorientation has elevated local communities' economic benefits, along with

conservation of biodiversity as the two primary objectives of forest management.

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While in many cases there is an acknowledgment that the rhetoric of local participation continues to
obscure reality, these issues~ seeing increasing applications, both in site-based programs and in national
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policy and legislative reform. In India. for example, locally organized Forest Protection Committees now play

a management role in more than 2 million hectares of forest lands. The national community forestry program
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in Nepal now mandates forest management plans which are developed by local communities with support
from local government and the District Forest Office. In Indonesia. integrated conservation and development
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projects (ICDP's) have become a common approach to park and protected area management efforts. And in
the Philippines, the Integrated Social Forestry Program has incorporated important aspects of land tenure D
reform and broad-based community participation.
Many of these approaches have come as a response to conflicting forest management D
agendas--competition over access to forest resources between local communities and government authorities,
jurisdictional overlap among government agencies, commercial interests and the pace of exploitation, and D
also localized conflicts between communities sharing a common forest boundary. Since conflict is often a
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very good indicator of (and stimulus for) change and adaptation, analyzing conflict is a useful way of
identifying opportunities for policy and program reform.
The Workshop on Community Management of Forest Lands has charted the changes taking place in
the forestry sector in Asia over the past decade, engaging key actors in reflection and debate over new policies
, and practices. Convened by the East-West Center since 1988, and funded by the Ford Foundation, these brief
sabbaticals have provided an opportunity for forestry practitioners to assess and anticipate these changes
1 within their countries. and compare their experience with other national efforts. The workshop also provides
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an important venue for busy practitioners to take time to document their ex:perien~e for wider analysis and
sharing.
Participants are nominated and selected by key program contacts in the region-they come to the
1 East-West Center for six: weeks of study and writing. Initially the workshops were designed primarily for
government officials to learn more about participatory approaches to forest management and to provide them
with an opportunity to reflect and write about general issues related to emerging trends in social forestry.
More recently the sessions have been organized around selected themes, drawing participants from
, government as well as from non-governmental organizations (NGOs), universities, and resean::h institutions.
During the past few years workshops have focused on legal aspects of joint forest management, non-timber

-, forest products, and participatory mapping.

The 13 participants of this year's workshop on Conflict and Collaboration in Community

, Management of Forest Lands included environmental lawyers, NGO activists, government officials, and

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academics from eight countries (India, Nepal, Thailand, Vietnam, Indonesia, Philippines, China, and the US).
All are actively involved in resource management and conservation-related programs, many in grass-roots
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field programs, and they all brought considerable experience to the workshop. Workshop sessions included
discussion and exchange on varied aspects of conflict management and its applications to environmental and
forestry settings. Topics included the role of information gathering, mediation and other intervention
strategies, cultural dimensions, critiques of conflict resolution, and the promise and challenge of
collaboration.
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The workshop was organized by Jefferson Fox (EWC Senior Fellow), Larry Fisher (Coordinator,
Cornell Program on Environmental Conflict Management), and Carolyn Cook (EWC Visiting Fellow).
Additional support for the workshop was provided by Deanna Donovan, Steven Leisz, Rizal Kusumaatmadja,
June Kuramato, and Jane Ho.
The workshop papers presented in this volume include analyses of both site-based case studies and
national-level policies. Conflicts over protected area management in China, India, and Indonesia demonstrate

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the challenge of incorporating local community needs and traditional practices within a state- or NGO­
sponsored approach to conservation management. The constraints to effective forest management described
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in these diverse cases include inappropriate legal and policy instruments, difficulties in institutional
coordination, wide cultural differences, as well as intense competition for access and exploitation of scarce
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resources. Case studies from New Mexico and the Philippines represent innovative attempts to resolve
resource management conflicts. In New Mexico, the Western Network has used participatory mapping
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methods to encourage more inclusive dialogue between communities and the US Forest Service. In the
Philippines, the Ramon Aboitiz Foundation has helped catalyze a broad-based coalition seeking to reconcile
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competing political and economic agendas in water supply and watershed management for urban Cebu. Both
examples offer rich insights into some of the strategies for bringing together diverse groups to participate in a D
ioint planning process.
Two papers from Thailand discuss the difficult, and ongoing, national policy debate over the D
management of forest conservation areas-particularly the rights of local communities over access and
tenure. In contrast, papers from both India and Nepal discuss the implementation of joint forest management D
approaches, describing a new generation of challenges and conflicts in the institutionalization of these
national programs. D
In addition to these analytical papers, Ilya Moeµono, of Studio Oriya Media in Indonesia, utilized the
workshop venue to compile a resource manual on environmental conflict management. The manual will D
include basic conceptual and practical tools, training materials, and CMe studies.

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 BEYOND EXPERIMENTATION : EMERGING ISSUES IN THE
INSTITUTIONALIZATION OF JOINT FOREST MANAGEMENT IN INDIA

Sushil Saigal 1

Abstract
During the last decade, a major initiative for community involvement in tht: management of state forest lands
'IWLS'started in India in theform of Joint Forest Management (JFM) programs. Despite the progress and positive impacts.
the JFM program is still in the e:rperimen1alphase. UJtent conflicts related to caste, class and gender issues are
threatening }FM institutions at the village level. The Forest Department is also facing a number of intemal conflicts as
it tries to adjust to its new role under JFM. Some thoughtful and creative attempts have been made to resolve these
conflicts. However, a much more concerted effort is required along with creation of suitable mechanisms at local, state
and national levels to discuss and resolve present andjulure conflicts.

During the last decade India has witnessed a major policy shift in the forestry sector towards a more

participatory and less centralized approach to the management of state controlled forest lands. lbi.s shift is
reflected in the emergence of Joint Forest Management (JFM) programs. Forest Departments (FDs) all over
the country have started to forge alliances with local communities to regenerate degraded forests adjoining
villages. 2 Local communities are given more formal access and usufruct rights over a forest patch in return for
3
assuming responsibility for its protection from fin:, grazing and uncontrolled harvesting.
Experience with JFM over the last decade has shown that it can be a successful approach in reducing

-, conflicts between the state, represented by the fD, and the local communities. JFM has also demonstrated the

J ability of FDs to forge alliances with communities to successfully regenerate and manage forest lands. There
are numerable success stories of JFM; some of the better known and well documented ones are Arabari in
West Bengal, Sukhomajri in Haryana and Haroa in :Madhya Pradesh. Experience from these areas has shown
that JFM has vast potential to restore ecological balance by regenerating large tracts of India's degraded
forests in a cost-effective manner, and to empower local communities and improve their lives by giving them
greater access and control over fo~st resources. It is perhaps due to these reasons that many of the

enthusiastic supporters of JFM have tried to study, document and highlight mostly the positive aspects of

JFM. Th.ere is, however, growing experience and documentation to show that there are a number of
problematic issues and conflicts that have emerged in the course of implementatarion. These issues must be
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1Program Associate, Society for Promotion of Wastelands Development, New Delhi, India
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Each State in India has a separate Forest Department that furu::tionsindependently of Forest Departments in
other states. The policy framework and the broad guidelines for all states are decided by the Ministry of Environment
and Forests at the central level.

3 Under JFM agreerru:nts, local community is given free access to 11.number of NI'FPs and a percentage share
(varying from 25 percent to 80 percent in different states) in tlle income from tlle timber harvested from tlle JFM area.

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addressed before JFM can move beyond its current experimental phase and become institutionalized at the
national level.

This paper is an attempt to document and analyze these emerging conflicts as FDs, local
communities, and Non Government Organizations (NGOs) try to adjust to their new roles and
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responsibilities. It is based on the experience of many researchers, NGOs, and FD officials who have
grappled with these issues. Their concerns have been shared through the JFM National Network which brings D
together people working on JFM issues.4 The issues discussed in Ibis paper are of relevance to many other
countries, especially in Asia, which are initiating similar community forestry programs. D
The paper is divided into three main sections: the tint deals with the evolution of JFM and its current
context, the second contains a description of emerging conflicts, and the thiid contains analysis, discussion D
and recommendations.

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Evolutionof JFM
In India, approximately 23 percent (76.5 million hectares} of the total geographical area is officially D
classified as forest land (see Table 1). This land is mostly under government control and is managed by the
FDs of the state governments. 5 At present. only half (38.6 million hectares) of the total forest land has good
forest cover and the other half is in various stages of degradation (FSI 1995). 6 The history of scientific forest
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management in India dates back to colonial times (for the time-line of modem forest management in India,
refer to Table 2).
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The British colonial government established the Forest Department in the mid-nineteenth century
primarily to extract timber from the forests. A legal framework was established in the fonn of the Forest Act
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( 1865, 1878 and 1927) and large tracts of forested lands were brought under government control. The rights
of people to harvest in these forest areas were curtailed and they were allowed only limited access in the fonn
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of certain rights, concessions and privileges, but the needs of the local population were often seen as a
"burden" on the forests. The needs of the community often conflicted with the FD's objective of maximizing
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timber yield or revenue.
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4
JFM National Networkis an infonnal network of over 150 organizations and individuals working on various
· aspects of JFM. This network: has members from the Ministty of Environment and Forests, fDs, NGOs, researchers,
academicians and activists.
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' A significant proportion of forest lend in the north-easlcm slates is under the control of tribal councils. The
extent of privately owned or managed forest land in lhe countty is negligible.
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6
Forest with crown density of 40 percent or more is classified as good forest

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Table 1 Status of forests in India

Category Area (mill. ha.) Percentage of total geographical area

Total geographical area 329.00 100.00

Legally classified forest 76.52 23.26

Actual forest cover 63.96 19.44

Open forest* 24.93 7.58

Dense forest •• 38.58 11.73

Mangroves 0.45 0.14

Source:FSI (1995)
• Forest with less than 40% crown density •• Forest with crown density of 40% or more

Table 2 Time line of modem forest management in India

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Year/Period Event
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1864 Establishment of FD with the appointment of first Inspector General of Forests. Survey,
demarcation and silvicultural management efforts started.
1865 First Forest Act enacted.
1878 Forest Act revised. Constitution of Reserve Forests, Protected Forests and Village Forests.
1894 First forest policy issued.
1914-18 World War I. Large scale forest felling.
1927 The present Indian Forest Act passed.
1939-45 World Wm: II. Forest destruction.
1952 New forest policy formulated after independence. It put greater emphasis on meeting
"national needs" from the forests.
Early 1950s Nationalization of Zamindari .. forests. Largescalefelling by 'Zamindars before handing over
the forests to the FD.
1950s- l 960s Mass ive forest degrada.Qon due to commerc taI .e,cp1oitation (legal as well as illicit) and
pressure of growing human and livestock papulation.
1971 Early experiment with JFM at Arabari in West Beng;il.
l...iK1970s Massive social forestry programs launched on non-forest lands to ease pressure of peqpl e
7 to Mid f980s and livestock from the state forests. This thinkin_gwas influenced by ,the report of the
National Commission on Agriculture (1976) that stressed managing the state forests for
timber production and meeting the people's needs by raising trees on private and
common lands in the villages.
Mid 1980s Remote sensing,data-revealed massive forest destruction . Growing alann in the country.
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1988 New national forest policy. Focus on conservation and meeting subsistence requirements of
the local cornrtiuruties.
1990 The IFM Circular issued by the Central Government to all state governments.

• Zamindarswerebig landlords during lhc Britiah colonial ralc. They collected land revenue from lhc fanntrS and controlled local
farmlandand fotC;S
ts,

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This timber- and revenue-oriented forest policy was continued even after India's independence in

1947. A new policy statement was issued by the government in 1952 reiterating the focus on timber and
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revenue. By the early 1970s, the ineffectiveness of this policy became evident in the form of growing
degradation of the forests on one hand, and rising conflicts with forest-dependent local communities on the
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other. The degradation and the conflicts continued to rise with increasing pressure from human and livestock

populations. 7 The government attempted to ease pressure on forest lands by launching a social forestry
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program on non-forest lands. The program was designed to establish fuel wood, fodder and small timber

sources outside forest boundaries. For a variety of reasons, the social forestry program could not end the
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dependence of the people on forest lands.
Experiments with community involvement in protection and management of state forest lands were D
started by local forest officials in several sites. The most often cited example is that of Arabari in West
Bengal. 8 In response to growing forest degradation, a self-initiated forest prottttion movement also started D
around the same time. A number of village groups started protecting forest patches adjoining their villages on

their own initiative. The local community's active involvement in forest prottttion and management activities D
resulted in rapid regeneration of degraded forest patches.
A new forest policy was formulated in 1988 reversing the earlier revenue-oriented policy of 1952. It D
clearly stated that revenue generation was no longer the major objective of forest management. The new

policy placed greater emphasis on conservation and local community requirements for forest products. D
This new policy laid the foundation of the official JFM program. The programdrew further impetus

after the Central Government issued a circular in 1990 (No. 6.21/89-FP, June 1st, 1990) specifically asking D
the state governments to involve local communities and voluntary agencies in the protectionand management
of degraded forest lands. In the ensuing years, a number of state governments passed their own enabling
resolutions and started JFM programs. 9 lbesc government resolutions, besides declaring the intent of the
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1In 1991, the population of India stood at 846 million with 628 million people residing in rw:al mas. The tribal

population stood at 68 million.

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~ Toe Arabari experimentin communityinvolvement in protection-Ofgovernmentforestswas stancd in
Arabari,West Bengalduring 1971by a FD silviculturistttamedAjit Banerjee.He was conductingsome silvicultural
trials in the ,Arabari atea which were getti'ngdiS{Upted due to fuelwood extractionor cattle grazing.He discussedhis
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problemwith.the people and asked them not to cut fuelwood, poles or allow grazing. In ~turn. he offeredthem some
benefitsin terms of wage et11ploymenumd
and elsewhere.
usufruct rights.This experimentl~d tho foundation of JFM in West Bengal D
91beState Governmentsof Orissaand West Benga1had issued their JFM resolutions even prior to the CentraJ
Government'scircular of 1990.
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 government in favor of JFM, also specified details regarding composition of village institutions, areas to be
taken up under JFM, rights and responsibihties of partners and usufruct sharing arrangements.
As of December 1996, 17 states out of a total of 26 in India had initiated JFM programs by passing
10
enabling resolutions and guidelines. It is estimated that over 20,000 community groups are protecting and
managing more than 2 million hectares of state forest lands. 11 Apart from these official efforts, there are
thousands of self-initiated forest protection groups (SIFPGs) that have successfully regenerated forest
patches in the vicinity of their villages. In many places NGOs are playing an important supportive role in
assisting the FDs and communities.

Emerging Conflicts
The JFM program has resulted in many positive impacts. The major ones include rapid regeneration
of degraded forest patche,s, greater community control over important natural resources, and involvement of a
range of new actors in the forestry sector, such as NGOs, academic institutes and research organizations.
A number of studies in the past have focused exclusively on these positive impacts of JFM.It is only
now that literature is beginning to emerge on the conflicts that have arisen during the course of
implementation of JFM.
The major stakeholders in JFM include the local community and FD. Other interest groups include
12
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NGOs, panchayats, politicians, local administration, academicians and environmentalists. It is becoming
clear that different stakeholders view JFM quite differently and have different expectations. Many foresters
see JFM primarily as a means to ensure forest regeneration. Communities tend to see JFM as a solution to the
growing shortage of biomass, a means to ensure daily requirements of fuel. fodder, food and other non-timber
forest products (NTFPs), and/or a way to increase income. Within individual communities, gender, caste,
class and occupational perspectives also influence perceptions of JFM. NGO activists tend to support JFM as

10
The followjng17 stauis have issued ;JF'Mresolutions:AndhraPradesh, ArunachalPradesh, Bihar, GaJarat,
Haryana, Himachal Pradesh, Janunu and Kashmir, Kamataka,MadhyaPradesh, Maharubtra, Orissa, Punjab, Rajasthan,
Tamil Nadu1 Tripura, Vttar Pradesh and West Bengal.The only exceptionsare K.eralaand the North-Eastern sta.tes..
Kerala has also prepared a draft JFM resolution andit is fikelyto be issued soon. Manystates in the North-East have not
_yet adoptedJFM because the forest ownership is mainlywith local communitiesand tribal councilsand JFM is not
applicable in its present form.

11
These groups arc known by different names in different st.atesbut are most commonlyreferred to as Forest
Protection Committeesor FPCs.
12 Panchayats areinstitutions of local self-governmentin the rural areas at the level of one or few villages. They
arc elected democratically and are recognized under the Constiwtion of India.
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a vehicle for grassroots empowennent, while environmentalists favor JFM as a means for ecological revival.
The perceptions of other stakeholders may also vary widely.
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This difference in perception and expectation often leads to conflicts over the rights and
responsibilities of different stalceholder11and the objectives of forest management and silvicultural treatments.
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Since neither the community nor the FD is a homogenous group, a number of conflicts are also emerging
within them. Apart from the conflicts within or between different stalceholders, some larger policy-level
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questions are also arising. They include issues such as extension of JFM to better forest areas including
protected areas (PAs), devolution of greater power11to FPCs and recognition of self-initiated forest protection
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groups (SIFPGs).
Several options for conflict analysis within the 1FM program have emerged. Some authoni have D
focussed on community institutions or on conflicts which occur within the community (Sarin 1993; Sarin
1996) others have tried to classify JFM conflicts as territorial, institutional, social, technological or policy D
related (Mathur, Saigal and Kapoor 1995). In this paper, an attempt is made to highlight emerging second
generation conflicts that must be addressed in order to ensure sustained support for JFM as a true partnership D
between the FDs and local communities. Accordingly, the emerging conflicts in JFM have been classified as
(1) conflicts within local institutions (Us), (2) conflicts within FDs, (3) inter-stakeholder conflicts at the local D
level, and (4) conflicts at the policy level. Some of the conflicts, such as the role of pancbayats, span more
than one category and accordingly need intervention at seveml levels for their resolution. [
Conflicts within Local Institutions
With greater field experience of JFM, a number of conflicts within local institutions, both FD­
promoted and self-initiated, are coming to light. Many researcheni have begun to question the abstract notion
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of "community" that these local institutions claim to represent. It is becoming apparent that the impact of
JFM varies greatly within the community in terms of class, caste, ethnicity and gender (Sarin 1996). The
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conflicts within these institutions often arise due to inadequate representation of certain subgroups and their
interests and inequitable sharing of the costs and benefits of forest protection.
D
Inadequate representlltion.The subgroups that are most dependent on the forests, and most directly affected
by JFM, are often missing altogether from the local institution. Most SIFPGs are exclusively male
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institutions; women are not consulted on matters pertaining to forest protection even though they are major
users of forest as it their duty to collect fuelwood and fodder for household use. The same is often true for
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other marginalized groups such as lower castes and the landless. For instance, in an otheIWise democratic
SIFPG in Asundriya village in Panchmahals district of Gujarat, the poorest and most forest- dependent
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subgroups - Harijans and Rawal.s - were not included until a local NGO intervened. Many SIFPGs in eastern

India are essentially youth clubs, whose membership is again not broad-based (Sarin 1996).
In the case of FD-promoted groups, membership is usually defined in the State's JFM resolution. In
many states, a household is taken as the unit of membership and one representative per household is
7
designated as a member of the general body. Titls again leads to exclusion of women from the group, since
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males traditionally represent the head of the household. Some states have tried to address this problem by
, extending membership to two members per household (one man and one woman), while West Bengal has
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introduced the concept of joint membership with retroactive effect, i.e., if the husband is a member, the wife

automatically becomes a member. The actual situation, however, has not changed appreciably in many areas.
A survey carried out in 72 FPCs in the Midnapore (West) Forest Division found that less than 2 percent of
the total members were women and most of the women FPC members were widows (Sarin 1996).

Inequitable ~haring of costs and benefiJs. The cunent JFM model, in which the "community" has to forego
7 a part of current benefirs for a share in the timber revenue many yem later, often has serious equity
_J implications. The decision to "close" a forest patch to allow timber growth has very different meaning for a
large fanner having minimal dependence on foresrs and a landless person or marginal farmer who has no

other means of survival during the lean season. Persons with acute dependence are most adversely affected by

7 forest closure and have much greater opportunity costs; they often cannot afford to wait for several years to
receive their share in the timber revenue. lbe same is true for certain other subgroups, such as artisans-­

blacksmiths and potters--who require large quantities of fuel wood from the forest. In one village in Orissa, 35
to 40 potters were forced to purchase wood from the government depot and to collect brushwood from a
forest 10 kilometers away after the forest protection efforts were initiated (Saxena n.d.)
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Women also have to pay a higher cost of protection as they must often walk greater distances to
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collect fuelwood, shift to smokier fuels such as dry leaves. and/or "steal" from protected patches. Women and
other forest dependent subgroups often come in conflict with the local institutions (LI) and are branded as
"offenders" and even fined for breaking the access control rules. In some Lis, limited fuelwood extraction is

allowed, but sale is almost never permitted. This results in the loss of a crucial income sollrce for many poor

families.
A grazing ban also affects landless and marginal fanners more than large farmers with irrigation
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facilities. Large farmers often grow fodder or have enough crop residues, whereas landless and marginal
farmers are more dependent on open grazing of their cattle in the forest. In many areas there is also pressure
to sell gears as they are perceived to be destructive to the forest. While the better-off households are able to
replace goats with stall-fed cattle, this is impossible for the landless and small/marginal fanners; they often
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lose access to milk and nutrition besides being deprived of saleable assets during emergencies (Raju 1996;

Sarin 1996a quoted in Sarin 1996).

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These conflicts are manifested in increasing friction within different subgroups and at times have
even resulted in physical violence. One of JFM's biggest weaknesses has been a failure to consider the needs
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of these different subgroups within a community, and to generate livelihood alternatives for its poorest, most
forest-dependent members.
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Apart from these major conflicts, there are other issues which have not been adequately considered.
Two of the more important of these are the issue of new. members and membership inheritance. As an
l.
example, the number of households in the Arabari area has grown by over 30 percent since 1980 (when the
FD conducted a census), but the membership of the Forest Protection Committee (FPC) has not increased as
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there is no provision to include new households. Similarly, problems have arisen over the inheritance of the
membership status especially if there is more than one son in the family. This has led to intra-family conflict D
in many cases (Chatterjee 1996).
Cmiflicts within the Forestry Departments D
Like local community institutions, the Fds are also facing a number of intern.al conflicts as they try to
adjust to their new role under JFM. Conflicts also arise due to multifarious, and often conflicting, functions D
FDs have to perfonn. At a worlcshop on institutional refonns held in 1994, FDs participants identified the
following as the core functions of FD: conservation, production, development, protection, regulation, and [
extension (D'Silva 1995). The conflicts specific to JFM are arising for reasons ranging from internal culture
to silviculture issues. D
Internal culture. The internal cultures of the FDs has not changed to reflect new management objectives. As
a new and evolving concept, JFM requires experimentation on a wide scale. However, current top-down
command structures actively discourage innovation. Within the FDs, very little flexibility or decision-making
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powers are devolved to field level stiff. As the avenues for open debate in the FDs are limited, most queries
of the field staff remain unanswered and their inputs are rarely utilized in the formulation of FD policies. This
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dichotomy between the FDs' internal culture and their new role leads to many internal conflicts. Many
enthusiastic and dynamic officers and stiff members get demoralized due to this and start viewing JFM as yet
D
another "scheme". Another linlced prol;,lem is that of the unsympathetic attitude of some senior officials
towards JFM as they see it as a step towards dilution of their powers. They do not openly oppose JFM but
D
continue to send contrary signals to their juniors creating confusion in the minds of field stiff.
Training and orientalion. JFM requires a shift in attitude as well as new skills in extension, institution
D
building, participatory planning, multi-product management, conflict resolution and marketing. These skills
L
8
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L
 are not imparted at the time of inductory training. In the absence of proper training and orientation field staff,
who are charged with implementing JFM, are often themselves unconvinced about the efficacy of JFM
approach. Due to lack of clarity about the JFM concept, FD staff often view JFM as a threat to their powers
and take little interest other than registering a few FPCs. In some places, ffi staff are convinced and
enthusiastic about JFM but lack skills to successfully implement it. The lack of proper orientation and
training of field staff often turns out to the weakest link in the JFM chain. In fact, the replacement of a
properly trained field official with one lacking full understanding of JFM often leads to rapid and drastic

decline in the effectiveness of the FPCs in the area (Govardhan, Tyabji and Tiwari 1996).
IncompaJibk procedures and policies. There are a number of existing procedures and policies that are
inconsistent with the spirit of JFM. These procedures require careful reassessment and reformulation. As an
example, the traditional target approaches of the ffis are still being used by field staff in constituting FPCs.
The numbers become more important than the actual achievement of program objectives since the monitoring
, is limited to these narrow indicators of success. In the case of Orissa, over 6000 FPCs were created virtually
_J overnight; many of these exist only on paper as they were created only to meet the target imposed from
above. Similarly in Bihar, over 1600 FPCs were created in a very short period of time; only a fraction of these

are active.
Cwnbersome financial procedures, inflexible funding, and delays in the release of funds further
restrict the FDs' abilities to respond quickly to local needs, often leading to frustration among stBff. Many
successful JFM partnerships have evolved in areas where the ffi staff had access to flexible funding such as
World Food Program funds. Existing performance appraisal systems have also not been changed to reflect the
new management objectives, and there is little incentive or recognition for staff members who put in extra

effort to make JFM a success.

The success of JFM is based upon the development of a partnership between an FD and local
communities. This requires regular interaction over a long period of time. However, the current transfer
policy of ffi often means that officials have very short tenure and by the time a degree of rapport has been
built with the local commwrity, the official is suddenly transfe~. The problem can be illustrated by the
example of the position of Chief Conservator of Forests (Social Forestry) in Madhya Pradesh. Between 1985
and 1993, 12 people were appointed to the post giving an average tenure of just eight months (Saxena 1995).
Silviculture issues. Although JFM envisages joint planning and management of forest patches by FDs and
the local communities, the cunent role of local communities is primarily limited to protection. Forest
j
management, even under JFM, continues to be oriented towards timber production, reflecting the traditional
focus of the ffis.

_J
 In some places, participatory planning exercises rue undertaken to prepare microplans, but the focus
of these exercises is usually on generating additional income or initiating development activities outside
I.
forest land. For instance, initial microplans prepared in Bihar are simply miniature versions of existing
Working Plans.
I.
This difference in the forest management objectives of an FD and a community often leads to
conflicts at the field level. In the case of Padagada Village in Riasi Range (Jammu and Kashmir), a local

Gujjar community which primarily raises cattle for milk, started protecting a forest patch in the hope of
improving its fodder supply. The area was planted with fodder species such as Leucaena leucocephala. This I.
protection also resulted in the regeneration of other species which still had rootstock present in the area.
including a large number of Dudonea viscosa (a shrub)and some pine trees. As a result, the grass yield D
decreased. The local community wanted the area to be cleared of the Dudonea and replaced with fodder grass.

However, the FD refused to allow clearing of the Dudonta, as it is considered a forest species (Chatterji and D
Gulatin n.d.).

Similarly, women from Bankura District in West Bengal expressed concern that the regeneration of r
sal (Shorea robusta) trees had resulted in shonages of sal and teddu (Diospyros melano;,:ylon)leaves, 13
which were a major source of livelihood, especially in the lean season (Rathore and Campbell 1995). In many D
places, local people's needs conflict with existing silvicultural prescriptions. For example, the felling of green
bamboo is banned in most areas as mature bamboo has greater commercial value. This directly affects [
bamboo artisans who require green bamboo for making bamboo products such as matsand baskets. The
June, 1990 guidelines issued by the Central Government and JFM resolutions of most states envisage a total

ban on grazing in JFM areas. However, many FD officials admit that this is an impractical proposition and
D
feel that controlled grazing should be allowed.

Natural regeneration versus plantation. Apart from conflict over appropriate silvicultural methods for
D
JFM, there is also debate over ~e shift from the plantation model to natural regeneration. At present, FDs [
p1aa,.eaer-riea-c•w:,. on replanting a degraded pall:h with wry-raised seedlings. In many areas,
however, there is sufficient dormant root-stock for rapid regeneration after a few years of protection. Many

foresters are themselves suggesting that all proposed plantation sites should be closed-off for a few years
D
before initiating plantation woric. Although the narural regeneration model offers many advantages over the
plantation model, many FD officials are reluctant to adopt it. The reasons are linked to the system of
l
13
[
Tend11and sa1leaves are used for making countrycigarettesand leaf plates respectively . As the sal forest
regenerates.the growth oftendu is suppressed due to increasingshade. The availabilityof sal leaves also goes down as
the tree growsin height and it becomes difficult to pluck fresh leaves.
D
10

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L
 plantation targets and to vested interest in continuing with a high-cost model which offers greater

opportunities for misappropriation of funds.

1 Institutionalizing]FM. JFM has yet to be fully institutionalized within the FDs. While there are planning,
monitoring, and documentation methods for silviculrural operations and plantations, there are no similar
, procedures for recording the progress of JFM in a given area. In the case of silviculruml operations, the
_J
Working Plan of the area serves as the basic management guide; there are additional documents (plantation
, journal, compartment history, etc.) which provide a record of forest management history and help FD officials
.J
in understanding past silvicultural treatments and their effects. A similar recording system is needed for JFM
so that discussions and agreements between FD officials and local communities are not lost during periodic
J transfer of officials. There is also a need to prepare long term JFM plans (keeping furure population growth
in mind) in each forest division along the lines of the Working Plan. The planning document should indicate
how individual village plans relate to the Working Plan and how larger landscape-level concerns will be
addressed. Unless these steps are taken, JFM will be continued by the FD staff as an "additional" activity

J apan from their "regular" work.

Need for restructuring. As JFM spreads to more villages, FD staff are finding it increasingly difficult to give
adequate time to individual FPCs. The major burden of this increased workload has been borne by the staff of
the Territorial Divisions, although there are usually several other functional Divisions (such as Social
Forestry and Soil Conservation) operating in the same area. Since FD field staff, such as Beat Guards, have
an important role in the formation and functioning of FPCs, the spread of JFM will be automatically limited if
this issue is not resolved. An experiment with: merging Territorial and functional Divisions has been initiated
in West Bengal. After restructuring, the number of FPCs per Beat was reduced from a maximum of 23 to
l
within a range of 4 to 9 (Guhathakurta, Roy and Vardhan 1995). There is a need to undertake similar
_j

restructuring in other areas to enable field staff to effectively serve the FPCs.
7
Project linlud approach. In most states, JFM is linked to short-term projects and very little or no funding is
J
allocated from the state; 14 the bulk of the state budget in forestry is usually earmarked for plantations (Saxena
1995). It appears that some states have adopted JFM only because of donor pressure. The following extract
from the Kamataka State Resolution illustrates this point clearly: "...ODA 15 authorities have insisted on a
7

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14 Then! is a considerabledonor inim-estin JFMand so~ bilall!ral and multil.eral donor agencie.sBM funding large fO!Ully projectS
(significant portion of funds for .JfM). The u:1emal m~ in lhe ftxemy sector (cl'Cluding funds dircclly obtaiJDI by NGOs) is C5limatMto be
INR 17621 million (One USD = INR36) and oot of this funds nearly a lhird are for participa.10,y(JFM) activilies.

15ODA stands for the Overseas Development Administration, bilateral assistance agency of the British
Government
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11

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 r
Government Order authorizing the principles of Joint Forest Planning and Management" (Government of
Kamataka, Notification No. AHFF/232/F AP/86 dated April 12 1993). Unless JFM is integrated into the
r
regular working of the FD, there is a danger that the emphasis on JFM will end with the projects.
Conflicts al the Local Level
n
Inter-stakeholder conflicts at the local level are the most visible conflicts that have emerged in the
implementation of JFM. In the absence of proper dispute resolution mechanisms, these often result in
r~
violence.
Conflicts between _neighboring communities. There are usually overlapping traditional and legal use rights
r
over forest patches. As one group (self-initiated or FD promoted.)attempts to restrict access of another, direct
conflict results between communities.16 Many times these conflicts result in physical violence as in the case of L
conflict between Beltikiri and Kunnitha villages in Dhenkanal District of Orissa. During 1992-93, clashes
between these villages resulted in three deaths and many injuries (Mohan 1996). D
The members of the FPC thernselves must collect forest products such as fuel wood from "open
access" forests away from their village, and again they come into conflict with other communities dependent
[
on the same patch or with villages through which they must pass (Saxena n.d.). Conflicts also emerge
between neighboring FPCs over forest boundaries. Adjacent villages often have on-going boundary disputes; D
they may view JFM as an opportunity to assert their right over disputed territory. Tilis pattern has been
observed in many villages in Girva Block of Udaipur District in Rajasthan. Similarly, conflicts also arise with L
people who are encroaching on proposed f~st protection areas.
Co'l4flictswith nomads. In many areas, nomadic pastoralists arc an important stakeholder group. They often D
have customary and legal grazing rights in forest areas under JFM. 1ne present JFM framework is
exclusively focussed on sedentary communities and the aspect of grazing has been neglected in the planning
process. Conflict has occurred, for example, in the Jammu region, where Bakerwal nomads herd their animals
D
every winter. Similar problems have been reported between Rabbari nomads and FPCs in Rajasthan.
Threal from organized wood smugglers. A larger threat is posed by organized wood smugglers, illicit
D
country liquor brewers and other powerful interests. It is increasingly difficult for the FPC to protect the
forest without active support of the FD once the forest regenerates adequately and assumes greater
D
commercial value. In several cases, the FPC itself has felled all the trees when protection becomes difficult - a
phenomenon known as "mass loot". lb.is was observed in the Maida village in Sambalpur District of Orissa.
L
where villagers cleared the entire forest they had been protecting for 20-25 years in only 3 nights (Sundar et
D
16 For a case studyof JFM relatedconflictbetween two neighboring villages, see Jain and Jain (1997). [
12
D
[
 al. 1996). 1bis has been averted in cases where FD has actively supported the FPC. In the case of Pataur FPC
in the Umaria Division in Madhya Pradesh, the FPC received full FD support to counter the threat of a
notorious wood smuggler, and was successful in getting a police case registered against him (Govardhan,
Tyabji and Tiwari 1996). A similar case has also been reported from the Kolabari Beat in the Kun.eong
Forest Division of West Bengal (Mukherjee n.d.).
Confliets between FD staff and local communities. Apart from the conflicts among different community
groups, a number of conflicts are also arising between the FD and community groups. In the case of SIFPGs,
FD officials usually try to modify the group's composition and/or alter the SIFPG forest boundary.
Sometimes the FD's intervention may be helpful in making the groups more representative in nature but most
often these modifications are for administrative convenienre. In the Panchmahals District of Gujarat, many
conflicts arose between FD and the local communities when FD attempted to restructure existing self-initiated
forest protection groups (SIFPGs) as per official JFM guidelines.
Unclear authority of the FPCs can also lead to conflict. Although most FPCs control access by
imposing monetary fines on violators, they have no legal authority to do so. This sometimes leads to conflicts
with the local FD staff members, who often see this as a threat to their authority. Similarly, conflicts arise
when the FPC harvests timber as this is not allowed under JFM. Of course, forest management conflicts
continue in non-JFM forest areas as well, where FD still plays a regulatory role.
Frittion between NGOs and FDs. Although there are good examples of FD-NGO collaboration, there is
often conflict between FDs and NGOs operating in the same area. The most common reason is a lack of
mutual trust and understanding, as neither has experience in working with the other. There is often no, or
little, communication between these two groups, and this adds to the level of mistrust. In many areas, NGOs
and the FDs see each other as a potential threat to their influence and authority. As both groups have
_J
considerable influence in the villages, their conflict has an adverse impact on the sustainability of JFM.
Role ofpanchayat&. In some places, conflicts are also emerging between the FPCs and panchayats (local
self government units). The 73rd Constiwtio11aJ
Amendmenr of 1992 gave the panchayats a greater role in
development activities. Consequently, many panchayat leaders feel that FPCs should work under the
.J
panchayat as a sub-committee as is the case with other development activities. This feeling was strongly
expressed by panchayat leaders at a meeting held in Jaipur in November, 1996. On the other hand, many
FPCs resent the mandatory presenre of panchayat office-bearers on their managing committees because
panchayat leadership is usually politicized and the panchayat representativ~ may not even be a resident of the
village. Defining the role of panchayats in JFM is a major challenge. Although panchayat participation is
necessary for the long-term sustainability of JFM, there is a real danger of FPCs becoming factionalized due

13
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to panchayat politics. Cases of such politicization of FPCs have been reported by some researchers (Raju,
Vagh ela and Raju 1993 quoted in Harvey 1994). It is only in some states, notably in West Bengal, where
D
panchayats have been a constructive force in JFM .
Conflicts aJ the Policy Le11el
D
Apart from conflicts within and between various stakeholders, there are larger policy questions which
must be addressedin order to sustain JFM in the long run.
D
Shouul JFM be restricted to degraded forests only? The June, 1990 Circular of the Cenlral Government
restricts JFM to degraded forests. 17
Most states have thus kept the better stocked forest areas outside the
D
purview of JFM. 11 This denies communities living near these areas a chance to participate in forest
management activities. The question is therefore whether FDs should wait until the forest becomes degraded
D
before involving the local community. Restrictions on community participation are greater in the case of
Protected Areas, extending over 12 million hectares, even though 3 million people are actually living inside D
these areas and many millions more around their peripheries (Kothari 1995). 19 In the case of the Dalma
Elephant Sanctuary in Bihar, many communities living around the sanctuary have begun protecting small D
patches of forests near their villages. Numerous forest patches are within the boundary of the sanctuary and
thus cannot be officially included under JFM. D
Should the SIFPG:r be offu:ially recognized? As mentioned earlier, there are thousands of community
groups which have taken the initiative to protect forest patches near their villages. According to one estimate, D
there are over 4000 groups in Orissa alone protecting at least 400,000 hectares of forests (Vasundhara 1996).
Despite this achievement, these groups face considemble difficulty in gaining due recognition from the FD. D
The problem arises because they do not fit into the official JFM frameworlc. Forest patches under their
protection are no longer degraded and their membership and forest boundary do not necessarily match with
that specified in JFM resolutions. lbere is a dangerthat these initiatives may be lost unless there is a clear
D
policy regarding their recognition.
Should FPCs be given a larger shan ill timb~r N!'l~nue? JFM will be successful in the long run only if
D
there is sufficient incentive for the local communities to continue their participation. Under JFM agreements,
D
17
Whilethere is no clear official definition of degraded forest, it is usually defined as forest areas with less than
40 percent canopy cover. D
18
Madhya Pradesh and We.stBengal allow JFM in better stocked forests and have issued separate guidelines for
community participation in degraded and well stocked forests. D
1
9?rotected Areas (National Parks and Sanctuaries) are ·notified under the Wildlife (Protection) Act, 1972.
There are over 500 Protected Areas in the country covering an area of over 12 million bee~.

14

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D
 the local community is allowed free access to a number of NTFPs and a share in final timber revenues. The

pen:entage of timber revenue shared with the community varies from state to state and in several states it is

only 25%. Eicperience from areas such as Arabari, where revenue sharing has taken place, suggests that this

amount is insufficient incentive for the community to invest its time and labor in forest protection activities.
A strong case can be made for increasing the share of the local community to at least 50 pen:ent, as has been

done in some states. The FDs should not consider this as a loss in revenue, as the income from many
degraded forests prior to the implementation of JFM was practically nil (Ahmed 1996). In any case, the new

forest policy puts greater emphasis on meeting local needs rather than on revenue generation.
Another problem with the present arrangements is that in most states, revenue generated from the
timber harvest is shared with the FPC after deducting costs incurred by the FD. The sharing of revenue on a

net basis leads to lack of transparency at the local level, as the FPC has no knowledge or control over the
costs incurred and deducted by the FD. This problem could be solved by calculating the share of the FPC on

1 the basis of gross rather than net revenue.

ls tMre a need to nconsider NTF P policies? Non-timber forest product flows are crucial for maintaining
the interest of local communities in JFM. Studies have shown thatpeople can obtain several-fold ~ater
returns from NTFPs than from a share in the final harvest of timber (Malhotra et al. 1991; Poffenberger

1990). Although all states allow access to many NTFP~. there are often restrictions on collection and sale of

those which are commen:ially important Many NTFPs have been nationalized, or monopoly collection rights
have been granted to government or private organizations and contractors. Although people are entitled to a
1
_j share in timber revenues, they are denied a share in these particular NTFPs.In Orissa. monopoly collection
rights over 29 NTFPs have been grantedto one company, and people receive only collection wages
7

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(Committee for Protection of Natural Resources 1996). In the case of nationalized N1FPs such as tend u
(Diospyros melanozylon) and sal seeds (Shorea robusta), the local community receives no share in the
7
revenues earned by the government from these NTFPs, even though the increase in output of these products is
..I

due to improved protection of forest patches. Until recently, Rajasthan did not allow sharing of bamboo with

the local community although bamboo regenerates rapidly and can provide rapid returns. The problems
arising out of a total grazing ban in JFM areas have already been discussed in a previous section.
There are several restrictions on local processing of non-timber forest products. For example, broom

grass is a monopoly item in Orissa and the collectors are not allowed to make brooms from it. They have to
sell the collected grass to a Government corporation at very low rates. Similarly, tendu leaf collectors cannot

roll country cigarettes for sale as tendu is regarded as a nationalized NTFP. These restrictions limit returns to

the local communities and are contrary to the objectives of JFM.

15
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How can mu:roplans be reconciled wilh ezisting Working Plans? Joint Forest Management will become a
true partnership only when the objects of forest management reflect the needs to produce multiple products
r
and benefits from the forests. This will requiredetailed microplanning exe,cises in all areas as the
requirements of local communities vary from site to site. It will be a departure from the present system under
D
which large tracts of forest are managed under one Working Plan. The procedure for reconciliation of these
different plans is not yet clear. The WorlcingPlan is considered a legal document which cannot be changed by
0
field level staff. This fact has resulted in problems in some areas as the Central Government has not clarified
this aspect. In Madhya Pradesh, the Working Plan prescriptions have been suspended from JFM forests, but D
this issue requires greater clarity.
Do FPCs require greater powers? The JFM orders for all states mention duties and responsibiµties of the D
FPC, but they are silent on the issue of delegation of powers. Forest Protection Committees perform the same
role as FD staff, but unlike the FD staff they have no formal authority. When FPC members attempt to D
protect a forest patch by restricting access, they come into direct conflict with outsiders who question their
authority. In many places, FPCs impose fines on the offenders, confiscate illicitly cut timber, or allow 0
members to selectively harvest trees. This anangement works well while the FD staff continue to offer
informal support, but the FPCs can easily get caught in litigation in the future. A related issue is that of D
tenurial security: in most states, the FPCs have no independent legal identity as they are merely registered
with the FD and a.renot constituted under an official Act.10 While the FD has unilateral powers for their ·c
dissolution, there is no mechanism to ensure that the FD will honor its commitments under the JFM
agreement
Can JFM survive wilhoul afinn legal basis? The JFM program is based on resolutions issued by the
D
states and the June 1990 circular issued by the central Government. These resolutions do not have the same
legal status as an Act and can be withdrawn at any momenLIn fact. JFMorders in many states have already
L
been changed several times to redefine the membership of the FPCs and/or the usufruct sharing arrangemenL
The legal framework of the forestry sector is still provided by the Indian Forest Act of 1927.lltis outdated
D
legislation does not reflect the new forest management objectives envisaged under the Forest Policy of 1988.
Unless a legal framework is provided for JFM, there will always be the danger of sudden changes in
0
government policy.
0
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2
°Except
in Haryana and Gujarat. where FPCs are registeredas a "Societies"and "Cooperative.," respectively
underthe relevantAct
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 Analysis and Discussion
It is clear from the foregoing account that a number of conflicts are emerging within the JFM
program in the course of its implementation at the field level. The nature and reasons for these conflicts vary

widely, and accordingly, different approaches are required to address them (for a summary of key issues and

potential actions, see Table 3). The assumption of "community" as a homogenous group, with common and
converging interests, requires serious reconsideration. In a highly stratified rural society, with varying levels

of forest dependence, equal is not always equitable. Similar access control rules may therefore have vastly
different impacts on different subgroups within a village.

t andrecommendatio ns
Table 3 Summarv of emenri n~ issues in ioint forest manae:emen
EMERGING CONFLICTS RECOMMENDATIONSFOR RESOLUTION

L Conllicts llrithin lhe locaJ community institution - Ex1emalinlen'cntion is required (FD/ NGO)
- Safeguards need to be built in the IfM resolutions to
a. Inadequate representation of all subgroups and ensureadequalCrcprC5CDlalion of all 5Ubgroups
-, interests -Active follow:up is requittd
- Se115ilizatlon of FD etaff
!l'.!llning
b. Inequitable sharing of coses and benefits among • Microplanning_can beused asa meansof ensuring
different subgroups ~tabJc dislributiooof'cosis and benefits ·

D. Conflicts within lhe Forest Department
a. Mismatch betw"1I JFM philosophy and wsting
int.emalculture
.., b. Lack of proper tr11iningand orientmion
c. lncompaliblc policies and proccdumi
d. SiMcultun: issues
e. Problems io insticulionaliz.ingIfM
f. Unsuitable orpni.zarional structure
g. Linkage of JFM lo Clltemlllly-aidedprojects
• Joint worbhops and ttaining programs
- Decelllrllli:r.ation
of authority and decision making
- Establishment of feedback mechanisms 10 identify and amend
',Ontlictingpo1iciesand procedun:s
• Moiti-prodQctmanagement: need for iescan:h _
4
Integration of JFM into regular worki!lgof the FD. Greater
use of government money and building of village fumb

m .loter -mtkeholder conflicts at lhelocal leve l - Resettlementof use rights lo removeoverlap

a.. Overlappingtraditional and legal use rights - Joint boundary demarcalion by neighboringFPCs
b. E>tclusi.on.of imporWltstakeho1dcrs .suchas - Establishment of Working Group m Forr.scDivision/District
noma.di& p:aslorali&ts.from the JFMpfOCC!l .s level
c. Lack of clarity in role of FD staff, panchayata aod - Involvement of FPC fcdcrati0111
NGOa
d. Poorly dc!i.nedpowcrs of the FPCs
c. Communication gap among diffemit stakeholders

IV. Emerging policy questions

a. Should JFM be restricted to dcgriidcdfomils only?
b. Should SIPPOs be offu:ially rccognizcd? • Establlihmcnt of slalc level Worting Groups
c. Should FPOi be given a larger share in timber - National level wortcinggroup: grcatu intcniction among
-, revenue? states
d. Is ~ a need to reconsiderNTFP policies? - IfM unit wilhin the Central Ministry
e. How can we ~om:ilc microplans wilh existing • Legal backup for JFM
war.Icingplans?
f. Do FPCsrequire greater powas?
g. Can JFM sumVe wttho ura flilD legal basis?

17

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Inadequate representation of certain subgroups and their interests is another critical issue for local

institutions. Although the poor and women are most affected by JFM, they are largely unrepresented in the
r~
FPCs. The pattern of the elite male dominance of local institutions is seen in both FD-promoted and self­

initiated groups. In many places, poorer segments of the community, and women, are w<:>rseoff after JFM,
D
defeating the entire purpose of JFM.

Given the significant power imbalances between different subgroups, it is unlikely that these conflicts
D
can be resolved justly within these local institutions. There is a need for outside intervention to highlight and

address these conflicts. The first step is to incorporate safeguards in JFM resolutions to ensure adequate n
representation of all subgroups in the FPC. This could be easily achieved by extending FPC membership to
all adults in the village and by reserving certain seats in the FPC's Executive Committee for the weaker 0
sections. In some states, JFM resolutions contain these provisions - in others there is a compelling need to

modify resolutions to address these concerns. While these provisions are important, this alone is not D
sufficient, and continuous follow up will be required. For example, in 1991 West Bengal changed its JFM
resolution to extend automatic membership to the wife if her husband was a member of the FPC. A study in D
1995 found that only 37% of the FPC members were even aware of this change (Ray 1996 quoted in Sarin
1996). In villages where NGOs are active, they can also play an important role in making local institutions D
more democratic.

.Equitable (not equal} distribution of costs and benefits of JFM among different subgroups can be D
ensured at the time of microplanning. Different levels of forest dependence of different subgroups should be
recogniud, and safeguards should be built into the microplanning process to protect the interests of the

poorest and most forest-dependent segments of the community. The first priority should be in meeting the
D
subsistence needs within the FPC; surplus, if any, can be sold in the market
Forest Department staff needs to be sensitized to these equity issues through training and orientation
D
programs. lb.is will help them better understand and resolve these conflicts. Grassroots NGOs can also play [
an important role in the microplanning process; the fD should involve these groups wherever they are active.
Many of the conflicts in local institutions are gender-related and the male FD staff find it difficult to elicit

active participation of women in the conservative rural society. There is therefore a need to recruit more
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women into the FD. At present, wome .n constitute less than three percent of the total strength of the Indian
Forest Service. In several states, there are restrictions on the recruitment of women for field level positions
D
(Sarin 1996). There is a need for special efforts to attract more women into.the FDs, especially at the field
level. D
D
18

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 A number of conflicts are also arising within the FDs since organizational changes have not kept pace
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with the changes in the objectives of forest management objectives. FDs continue to be a hierarchical,
centralized, top-down bureaucracies where instructions flow from top to bottom and only compliance

information flows back. The entire system is control-oriented and deviations from set nonns are not allowed.
There is a need to actively promote a participatory culture in the FDs. The experience in some states

shows that this can be achieved to some extent by organizing joint workshops and orientation programs for

officials of different levels (Singh 1996). External facilitators have played a useful role in organizing such

programs in many states, and there is a need to extend this experience to other states. As field staff are
crucial for the success of the JFM program, greaterstress is required in their training and orientation. Unless

they are convinced about the positive effects of JFM and participate actively, the program is unlikely to
succeed. They also need training in many new skills, such as extension, conflict resolution, and marketing,

that are required to successfully implement JFM. Marketing skills are going to be especially important for

7 sustaining JFM; there are reports that the pole prices have fallen by 25 to 50 percent in South-West Bengal
since 1989 due to arrival of excess poles in the market (Chatterji 1996). If this trend continues, local

communities may lose interest in JFM. FDs will have to play an important role in helping the local
communities to get a good price for timber as well as other NTFPs. In some areas, such as Jabalpur in
Madhya Pradesh, the FD is already helping FPCs in marketing NTFPssuch as Aonla (Emblica officinalis)

and fodder grass. The induction courses taught in FD training schools also need to be adapted to the new skill
requirements under JFM. However, training programs are not sufficient in themselves; improved training and

orientation programs must be bolstered by actual decentralization of authority and decision making powers.

This point has been emphasized by many field officials themselves (Vasundhara 1996).
Many outdated procedures and policies that conflict with JFM must also be adapted. Feedback
J
mechanisms need to be established within FDs in order to obtain information from the field. In several places,

introduction of JFM has resulted in considerable overlap between the worlc of the Social Forestry Divisions

and Territorial Divisions operating in the same area. For instance, in many villages of Orissa two separate
7
committees have been fonned by the Social Forestry and Territorial Divisions (Mahapatra n.d.) .
.J
Restructuring may be required to reduce such overlap and to increase effe.ctiveness.
One of the FDs' basic assumptions about JFM is that a share in timber revenues is the major

incentive for local communities to participate. Field evidence, however, suggests that communities often
value regular and immediate flows of NTFPs more than a one-time share in timber revenue that may be seen

as distant and uncertain (Saigal, Agarwal and Campbell 1996; Harvey 1994). There is, however, little

19
 r
information available on the management aspects of many NTFPs and the FDs have no experience in

managing forests for multiple products. There is a need to undertake silviculture research on these issues.
r.
Fodder is often the major incentive fora community to participate in JFM. FDs need a strategy to
meet people's fodder needs through a combination of rotational grazing and fodder cultivation. Highly
D
successful JFM partnerships have developed in Jhabua Forest Division of Madhya Pradesh based on
management of forests for enhanced fodder production (Dubey and Singh 1995). Changes are needed in the
D
provision of the Central Government's JFM circular regarding the total ban of cattle in forest areas and
regulated grazing should be allowed. JFM will not be sustainable in the long run unless there is adequate
D
economic incentive for local communities to protect their forests.
JFM needs to be integrated into the regular working process of the FDs. At the moment, JFM
D
programs in many states are linked to externally aided projects, and the focus on JFM may end with the

project. In order to ensure continuation of the JFM program beyond the span of the projects, internal funding 0
sources must be mobilized. A beginning in this direction has already been made in Orissa, where for the fmt
time funds were provided under the State Plan for JFM (Mohanty 1996). Similar efforts are required in all the D
states. This may require specific funding from the Central Goveniment in the form of a centrally sponsored

scheme. A significant amount of funds are available under the Watershed Development Program of the D
Ministry of Rural Areas and Employment. These could _beeasily made available for JFM activities as the
objectives of both the programs are quite similar. Another potential funding source at the local level could be [
village funds. In several states these village funds have been created through a combination of member

contributions, fines, contributions from the FD for protection, and the FPC's share in usufruct. In many areas, D
significant amounts of money have been collected in these funds. In Madhya Pradesh, for example, many
villages have over a hundred thousand rupees in their village fund. If used judiciously. these funds can allow ·□
FPCs to continue forest protection and management efforts even after the completion of projects.
The reasons for conflictS arising at local level range from overlapping forest use rights to
communication gaps among different stakeholders. There is an urgent need to remove overlap between the
D
existing rights, concessions and privileges and new acress and use rights created under JFM. This may be

achieved by resettling rights and concessions in the forest areas in light of JFM. So far only Orissa has
0
attempted to do so by issuing a resolution (Resolution no. 22180/F&E dated September 30, 1996). The needs [
of all the villages will have to be kept in mind at the time of undertaking such an exercise as JFM cannot be

successful in one village while other neighboring villages are facing acute scarcity of important subsistence

products such as fuelwood.

D
0
20
D
D
 Many local level conflicts can be resolved, or at least violent confrontation can be prevented, if

consultative mechanisms are established at the local level. One such mechanism is the Working Group at the

Forest Division or District level. In a few areas such Working Groups, consisting of FD, NGO and FPC
representatives, have been formed. These groups have often reduced tensions among various stakeholders, as

was observed in Godhra Forest Division in Gujarat, where the relationship among various stakeholders
improved considerably after the working group started functioning. In West Bengal, panchayats are playing

an important role in JFM; the FD cannot unilaterally dissolve any FPC without the panchayat's consent. 11tis
has limited the powers of the FD and in case of a conflict between the FDand the FPC, the panchayat acts as a

neutral third party. As panchayats in many other states are not as enlightened as in West Bengal, panchayats
may not be able to play such a role in all states. Where appropriate, Working Groups could play ~is role. In

some places, joint workshops have also been helpful. In Jammu, for instance, many Bakerwals (nomadic
pastomlists) were able to discuss their problems openly with the representatives of the FD and FPCs at a
district level meeting. Joint boundary demarcation exeixises involving neighboring FPCs and FDs have also
been helpful in some areas. In Jashpur Division in Madhya Pradesh, for example, seeds of some crops such as
perennial arhac ( Cajanus cajan) are sown on the jointly deman:ated boundary (Chandra 1994 ).

In some areas, federations of FPCs are emerging on their own or with the assistance of an NGO. The
existence of such federations has been reported from Gujarat and Orissa. They spread their membership over

.J many villages and often help in resolving conflicts among different villages and with the FD (Campbell
1996).

Many of the conflicts arising at the local level arc actually manifestations of unclear or conflicting
policies. The powers of FPCs, the role of NGOs, and the role of panchayats must be clarified. Additional
policy level questions, such as the implementation of JFM in better-stocked forest areas and protected areas,
recognition of SIFPGs, integration of microplans into working plans, and legal backing for JFM, all must be
addressed expeditiously.

As JFM is a new and evolving program, such policy conflicts are bound to arise. Acknowledging this
fact and establishing feedback mechanisms to quickly identify conflicts and formulate appropriate policy
.J
responses will be an important step forward.
Several states have established state-level working groups consisting of FD officials, NGOs,

academic institutions, and donor agencies to discuss these emerging issues. Although these may not be
functioning to everyone's complete satisfaction (for example, there are no community representatives on these
__j
working groups), they do provide a forum where emerging issues can be raised and discussed. There is no

such feedback and consultation mechanism at the national level.

21

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 n
In some slates, attempts are being made to address policy conflicts. For instance, Andhra Pradesh has
decided to give 25% of the value of illicitly felled timber to the FPCs if they assist the FD in apprehending the
D
culprits (Mukerjee 1996). In Rajasthan, the government has recently decided to offer a share in the final
harvest to panchayats, thereby creating an interest for them in forest protection activities (Rizvi 1997).
D
However, there is little exchange of infonnation or exchange of experiences among different states on a

regular basis.
D
A fonnal consultative mechanism is needed at the national level where experiences from different
states can be shared and national level issues can be discussed. The only national level consultation
D
mechanism is the National Network; an infonnal network coordinated by an NGO. This network serves more
as information exchange and research coordination forum, as it has no fonnal authority. D
Finally, there is a need to create a pennanent JFM unit within the Ministry of Environment and
Forests. 'This unit should coordinate and monitor all JFM activities in the country and address emerging D
policy issues on a continuous basis. 'The ministry should also take immediate steps to provide a firm legal
basis to JFM to remove uncertainties over its future. D
Conclusions D
JFM is at a crucial stage in its evolutionary history. Initial doubts regarding JFM, such as efficacy of
natural regeneration approach, ability of local communities to protect forest patches, and the ability of FD D
staff to work with local communities, have been la.id to rest in many areas by remarkable results in tenns of
forest regeneration. Local community institutions have proved to be more effective than FDs in protecting
forests. Existing root-stock has resulted in vigorous growth and rejuvenation of forest ecosystems.
D
At the same time, a number of conflicts are also arising within the program that threaten its
institutionalization and long term sustainability. Existing, latent conflicts related to caste, class, and gender
D
issues are threatening to tum JFM institutions into yet another means of perpetuating or perhaps enhancing
existing social inequities. The Fds are facing a number of internal conflicts as it tries to adjust to the
D
transition from "implementor" to "facilitator". A number of operational problems as well as larger policy
questions are also emerging in the course of implementation of the program at the field level
D
1bere have been some thoughtful and creative attempts to resolve these conflicts, but a much more
concerted effort is required. 1bere is a need to evolve suitable mechanisms at local, state and national levels.
D
Although some srates have established consultative mechanisms such as working groups, there is no such
mechanism at the national level. The Ministry of Environment and Forests will have to play a far more active
D
I..
22

D
D
 role in addressing JFM issues than it has played in the past. JFM will be able move beyond its current
experimental only when these existing conflicts are resolved and appropriate mechanisms are developed to
l
address issues that may emerge in the future.

_,

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23

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References
Ahmed, M.F. 1996. Community forestry in India: issues and prospects. Wastela,u/s News (Society for
D
Promotion of Wastelands Development, New Delhi) Xll(2):9-13.

Campbell, J.Y. 1996. Emerging federations in JFM and community forestry in India and Nepal. Wastela,u/s
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News (Society for Promotion of Wastelands Development, New Delhi) XIl(2):37-38.

Chandra, K. 1994. Discussion with the author. Kathmandu. August.

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Chatterji, J. and M. Gulati. [n.d.] Co-managing the commons: the J&K experience. New Delhi: Society for
Promotion of Wastelands Development.
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Chattcrji, A.P. 1996. Community forest management in Arabari: u,u/erstanding sociocultural and
subsistence issues. New Delhi: Society for Promotion of Wastelands Development. D
Committee for Protection of Natural Resources. 1996. Non timber forest products: a policy analysis. Paper.
National Workshop on Non Timber Forest Produce and the Rural Poor, April, Bhubaneshwar. D
D'Silva, E., ed. 1995. The role of the forest departments in the 21st century. A Report of the Workshop in
Hyderabad, India, 19-21 December. D
Dubey A.P. and Singh M.K.. 1995. Silvicultural issues - problems and prospects. Wastelands News (Society
for Promotion of Wastelands Development. New Delhi) X(4):31-36. D
Government of India. 1995. Forest Survey of India (FSJ):The state of the forest report. Dehradun.

Government of India. 1996. Resolution no. 22180/F&E. September 30.

D
Govardhan, R.K., Tyabji, H. and S.P.S. Tiwari. 1996. IFM in Pator village and nearby areas in Umaria forest
division, Madhya Pradesh. In New Voices in Indian Forestry, V.S.P. Kurup, ed. New Delhi: Society for
D
Promotion of Wastelands Development.

Guhathakurta, P .• Roy, S. and M.S.S. Varohan. 1995. Institutional reforms in West Bengal: restructuring the
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forest organization. Prepared for F.conomic Development Institute of the World Bank: Unpublished.

Harvey, N. 1994. Changing colors or maintaining the status quo. MSc. Environmental Forestry diss. School
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of Agriculture and Forest Sciences, University College of North Wales, Bangor.

Jain N.C. and Jain K. 1997. Capacity building for conflict resolution through participatory learning process. D
Paper. Submitted to the XI World Forestry Congress, 13-22 October, to be held in Antalya, Turlcey.

Kothari, A. 1995. Conflict resolution in India's protected areas: lessons from Rajaji national park. Indian D
Institute of Public Administration and Kalpavriksh, New Delhi. Unpublished.

Mahapatra, G. [n.d.] Operational problems and possible strategies for implementation of joint forest
management programme in Orissa. Note prepared by the Divisional Manager, OFDCL, Bhubaneshwar.
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Unpublished.
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24

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Malhotra, K.C., Deb, 0., Dutta, M., Vasalu, T.S., Yadav, G. and M. Adhikari. 1991. Role of non timber
forest produce in village economy: a household survey in Jamboni Range, Midnapore District. Calcutta.:
Indian Institute of Biosocial Research and Development.

Mathur, H.N., Saigal, S. and N. Kapoor. 1995. Conflicts and conflict resolution mechanisms in joint forest
management. Paper. Workshop on Conflict Resolution in Forest Resource Management, I 0- 13 October,
Kathmandu, Nepal.

Mohan, K. 1996. Second generation issues in JFM: a case study. Wasttlands News (Society for Promotion of
Wastelands Development, New Delhi) XIl(2):38-39.

Mohanty, S.C. 1996. A brief note on implementation of JFM in Orissa. Wastelands Ntw:r (Society for
Promotion of Wastelands Development, New Delhi) Xl(3):51.

Mukherjee, S. [n.d.] Kolabari: where encroachers became protectors. Note by Divisional Forest Officer of
Kurseong. Unpublished.

Mukherjee, S.D. 1996. Joint forest management in Andhra Pradesh. Paper. Fifth Asia Forest Network
l Meeting. 3-6 December, 1996, Surajkund, India.
J
Poffenberger, M. 1990. Joint management of forest lands: experiences from Sowh Asia. New Delhi: Forrl
Foundation. ·

Raju, G .• Vaghela, R. and Raju. M.S. 1993. Development of people's institutions for management of forests.
Ahrnedabad: VIKSAT.

Raju, M.S. 1996. Personal communication based on her field research. January 1996.

Rathore, B.M.S. and 1.Y. Campbell. 1995. Evolving forest management systems: innovating with planning
and silviculture. Wastelands News (Society for Promotion of Wastelands Development, New Delhi) Xl(l):4-
19.

J Ray, L. 1996. Analysis of data gathered during visits to 25 randomly selected FPCs as Women's Co­
orrlinator. Calcutta.: West Bengal Forest Depamnent.
l
J Rizvi, S.S. 1997. Discussion with author. Jabalpur. 12 February.

Saigal, S., Agarwal, C. and J.Y. campbell. 1996. Sustaining joint forest management: the role of non timber
forest products. Paper. Voices from the Commons, Annual Conference of the International Association for
the Study of Common Property, 5~8 June, University of California, Berkeley.

J Sarin, M. 1993. From conflict to collaboration: local institutions injointfort:rt management. New Delhi:
Society for Promotion of Wastelands Development and the Forrl Foundation.

___ . 1996. Who is gaining? who is losing?: gender and equity concerns injoinJfore:rt management.
New Delhi: Society for Promotion of Wastelands Development .

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___ . 1996a. Joint forest management: the Ha,yarui experience. Environment and Development Series.
Ahmedabad: Centre for Environment Education. 0
Saxena., N.C. [n.d.] Forests under people's management in Orissa. Unpublished.

___ . 1995. Administrative issues in forestry (Chap. 8). In Forests, people and profit: new equations for
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sustainabi/iry. Dehradun: Natraj Publishers.

Singh, RK. 1996. Independence once again: a training story. In New Voices in Indian Forestry, V.S.P.
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Kurup,ed. New Delhi: Society for Promotion of Wastelands Development.

Vasundhara., 1996. Community forest management in transition: role of forest department and need for
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organizational change. Vasundhara, Bhubaneshwar. Unpublished.
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,

7 INSTITUTIONALIZINGFORESTUSER GROUPS:
TIIE NEXT CHALLENGEFOR COMMUNITYFORESTRYIN NEPAL

Netra Tumbahangphe1

Abstract
7 This paper provides a brief history of the emugence of communiry forestry in Nepal and seeks to analyze emerging and
potential issuesfrom the implementation of community faresrry, particularly the formation of Forest User Croups (FUGs ).
The paper concludes that it is important to put the FUGs in the driver's seat. FU Gs can drive the vehicle of communiry
forestry, building the awareness of their members, particularly the marginal- including women; they can strengthen and
l build confidence in their organklitions, establuh formal and informal network.r among themselves, and conduct problem
solving dialague with other organizations including the Forestry Department.

7 Before 1950, most forests in Nepal were managed either as common-property resources by groups
_J
living in and around the forest or as private resources by landowners granted this right by the monarch. In
1957, the government sought to increase its control over the nation's natural resources through
nationalization of forests. The Department of Forests, however, did not, and does not yet, have the financial

7 or personnel resources to manage the estimated 30,000 forest patches. The 1957 nationalization undermined
the customary rights of communities to use forests and did not replace these rights with an alternative
management system. The nationalization act also forbade the cutting of green forest products, which are
7
_J essential to the survival of most people, and thereby placed the Department of Forests personnel in direct

conflict with local forest users.

Faced with large~scale forest destruction and extensive land degradation, the Nepali government
.J

realized that sustainable forest management required the involvement of local people. New laws passedin the
7
mid-1970s turned up to 125 ha of degraded lands (PanchayatForest) and 500 ha of existing forests
_J

(Panchayat Protected Forest) over to each local government unit.

The people's political movement of 1990 brought major change to Nepal replacing the single party
.....
Panchayat system with a multi•party democracy. Subsequently, 'Panchayat Forests' and 'Panchayat Protected
7
Forests' were changed to 'Community Forests'. This change also provided a starting point for fonning local
_J

Forest User Groups (RJGs) and strengthening the concept that forests could be managed so as to provide
benefits to local people including those living in poverty and women.
In 1992 the first national FUG workshop was organized by mem~ of the Forestry Department, the
Nepal-Australia Community Forestry Project, the Dolakha-Rarnechap Community Forestry Project, and the
.J
Koshi Hills Community Forestry Project. Representatives from 40 RJGs in 28 districts prepared a list of
recommendations for forming viable and sustainable RJGs (see notes on source material for this paper on the
_j

1 Community Forestry Adviser, Nepal-UK Community Forestry Project. c/o BAPSO, Kathmandu, Nepal
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27
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last page). In 1993 a new Forestry Act was passed by the Nepali Parliament. According to this act "the ,:
District Forest Officer may hwid over any part of a national forest to a users' group in the fonn of a
community forest ....... entitling it to develop, conserve, use and manage such forest, and to sell and distribute
,:
the forest products by independently fixing their prices, according to an operational plan." The act also
contained a chapter entitled Provision Relating to Fonnation of Users• Groups. This chapter stated that a
users' group "shall be an autonomous wid corporate body with perpetual succession. A users' group may sue
D
like an individual." The by-laws of the Forestry Act (Forest Rules) were approved
or be sued in its own name
by the cabinet in 1995. There is a provision in the by-laws that states "the users' group may obtain necessary
D
assistance from national and international governmental wid non-governmental agencies."
A regional workshop of the representatives from South Asia's forest users groups was held in May, D
1995. Th.is group decided to form an ad hoc committee to initiate the formation of a national level federation
ofFUGs. The first national convention of the FUGs was held in March, 1996 with representatives from 38 D
districts. They formed the Federation of Community Forestry Users in Nepal (FECOFUN).
Presently, FECOFUN is working to establish wid strengthen the FUGs in order to meet the day to D
day needs of users and to negotiate with them on ways of using forest resources in a sustainable manner .
Ideally, the FUGs will mobilize users to voice consciously their interests and to incorporate the interests of D
people living in poverty and women. Ultimately, the FUGs as independent institutions can sustain their
existence by establishing networks among themselves and by developing relationships between themselves D
and other orgwiizations- both GOs wid NGOs. Th.is paper discusses three issues currently of major concern
regarding the role of FUGs in community forestry in Nepal. These are: 1) issues within FUGs, 2) FUG
support and strengthening, and 3) networking among the FUGs and between them and other organizations.
D
Issues Within FUGs: Committeeor CommunityForestry?
D
The development of successful community forests in Nepal requires raising awareness of forest
management issues among users---particularly the poor and women. In FUGs, however. the question remains
D
as to whether the users are aware enough to express their interests and to choose the most appropriate
solution among several alternatives. Recent field work by the Nepal-UK Community Forestry Project
D
provides a number of examples demonstrating that IIWlYusers are not aware of the policies, concepts, and
rules of community forestry as stated by the Forestry Department or even of the rules and provisions in the
D
constitution and operational plan of their own FUG. The users ofThulo Sallery forest, for example, think that
community forestry is the protection of forest by the villagers. Similarly, women users in Baglung District
D
knew nothing about their PUG operational plan or constitution.
D
28

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 Similarly, RJG funding is supposed to be transparent. But in most cases only a few committee
members know the income, balance, and expenditures of their group fund. In a RJG in Sangkhuwasabha
.,
District near Khandbari, only the chairperson knows the status of the funds and he mostly stays in his home in
Terai (some distance away). Women users from Bajenilcopalcho RJG expressed their fears that male
committee members were misusing their RJG funds. A number of conflicts emerged recently among
committee members concerning corruption in the management of the fund. On a more positive note, in most
of the smaller FUGs with few users, users are relatively more informed.
In addition to rules and management plans, users' awareness of equity issues in community forestry
programs is related to how users are originally identified. In the Dhawalagiri area, users are still identified on
the basis of administrative boundaries (i.e., wards). These boundaries often exclude villagers from using the
forests nearest their homesteads because they are located in a different ward. These artificial boundaries leave
some villagers without forest resources. In a number of cases, people accept this situation as their fate. Top­
down decision making seem to have become the culturally accepted norm. On the other hand, when informed
about new forestry rules which no longer prohibit a household from becoming a member of a forest users'
group managing forests outside of the administrative area in which they live, people have started to claim
their eligibility. Ironically, this has placed some people in conflict with other panics who think that is against
their •traditional' norm. In a number of places it seems that Village Development Committees (VDCs) and
ward boundaries have already become institutionalized. People have started to celebrate a number of their
village rituals on the basis of ward boundaries rather than traditional village boundaries.
In some places, certain groups of people have controlled specific forests for many yeani. Now,
because of population growth, migration, and depletion of forests, other people wish to join these groups but
they are not allowed to because they had not traditionally been members of the management group. Often the
people excluded are members of the occupational castes such as Kami (blacksmith}, Damai {tailor}, and Sarki
7
(leather worker}. These groups do not have access and control over any forests and suffer because of their
low caste status. In Ward No. 4 of Du.clung VDC, for example, people do not want to include people from the
occupational castes who live in Ward No. 9 in their forest users' group because this was never their tradition.
In Nepal, equality not equity is generally the tradition. Thus users distribute forest products, such as
firewood, in equal quantities to every household. A few RJGs have made provisions to provide forest
..J
products free of charge to users affected by natural calamities. Initiated by the Forestry Department staff, the
Raghughat RJG of Myagdi District distributes grass to two poor households every year free of cost. These
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two households take turns receiving this resource. Similarly Pakhu FUG of Annan VDC in Myagdi District
-,

29
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has allocated a

FUG.
blockof forests for free distribution of grass to poor user.; who cannot pay the fee fixed by the
D
Despir.e a few attempts to establish equity rather than equality as the nonn, a number of examples
illustrar.e difficulties experienced by some of the poorest people. Fines against people who illegally collect
D
forest products is one of the main sources of income of most FUGs. Mostly poor villager.;, however, have

been fined. More powerful rule breakers are often not fined. The FUG Committee of Seresunkhani forest in
D
Sangkhuwasabha District, for example, called a poor Damai lady to a meeting and warned her that if she

collected firewood again to sell to the madcet, she would be fined. The secretary of the committee introduced
D
her to us as the 'forest destroyer.' The lady responded in a low voice "how can I buy salt and cooking oil for

my family without selling firewood in the bazaar?''

D
On the other hand, the community forests handed over to some FUGs are often underutilized.
Kadesh, for example, is a forest with dense ground and crown cover. According to forestry professionals who
D
visit.ed the site during the F.ast-West Team Building Workshop, unwanted species are growing in the forest

due to prohibition on cutting green trees and branches by the FUG.

[I
Thus it is fair to question whether community forestry really serves the poor. Most FUG operational
plans are protection orient.ed and if they allow forest products to be collected at all, they charge a set amount D
for products like firewood, timber, and grass. Members _onBhadlchore FUG explained that since firewood is

distributed on a basis of an equal quantity per household, the households with smaller families have a surplus D
and those with larger families face relative scarcity. In the Ahaldanda FUG of Chuwa VDC (Parbat District),
user.; who do not need firewood from the community forest sell their portion to others who need more. D
Similarly, the forest is divided into plots and these plots are allocated equally t~ each household for the

distribution of grass. Households who do not need grass allow others to collect from the.ir plots and pay the
fee to FUG. Poor people in Badagaonchaur FUG expressed their concern that charging fees for every item
·o
and collecting equal fees from every household, regardless of economic condition, is getting too much for
them. A number of FUGs, particularly in Dhawalagiri area, have begun to use an auctioning system to
D
distribute forest products particularly timber, grass and firewood. This system, unfortunar.ely, is biased
towards wealthier people. 1be FUGs in this area have been lending money from the group fund at an inr.erest
D
rate of 24% and only to those who are able to pay back the loan. In a few cases the money lending is through
auctioning of the ra.t.eof the interest too.
D
Another problem lays with the preparation and implementation of operational plans. Constitutions

and operational plans are new factors for most FUGs. Many communities are not accustomed to such lengthy
D
written documents. These two documents define the legal transfer of the forests from the government to the
D
30
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 FUGs. These documents are written agreements between the government and the users and also among the
usen. from different interest and/or class groups. 1bese documents are supposed to be based on discussions
among all parties and to reflect consensus achieved through these discussions. Hence, implementation
problems either indicate a lack of consensus regarding the plan or problems in the institutionalization of the
plan. A number of users from Kadesh PUG are not satisfied with some rules in their operational plan. These
usen. now have to pay from R.100 to R.400 a year to graze their livestock in the community forest area that
had previously been available at no charge. The extraction of soil and quarrying from community forests was
not allowed by the operational plan of both, Khurkot and Gajaute-Chisapani FU Gs. But in practice users
have been collecting soil and rocks as before. Even the Forest Rules of 1995 prohibit these practices. "To
extract or transport rocks, soil, boulders, pebbles, sand are under the title of Prohibited Functions in the

Community Forest in the Forest Rules 1995.

l
.J Other problems exist concerning the FUGs' executive committees (Fl.JGC). These committees are
supposed to have both regular and special meetings to make decisions. A number of FUGCs, however, do not
hold regular meetings. While some FUGCs have all women members, most FUGCs either have few women
or none. Even if there are women representatives they rarely attend meetings; if they attend they do not speak;
l
.J and if they speak, they are not heard. Users prefer to select individuals who arc more active, vocal, educated,
clever, interested in forestry, and have time to spend with the committee. Thus it happens that most of the key
positions on FUGCs are taken by local the elite. Women users in Bajenilc.opakho PUG, for example, argue
that women are so heavily involved in household work that they do not have time to attend public meetings.
l The tradition is that women have their place in the kitchen and men find theirsin public affairs. Although
..J
every PUG hosts an assembly of users usually once or twice a year, in most cases the involvement of poor
and women is nominal. There are a few cases, however, particularly with the support of NGOs, where
J
women n::presentatives arc seen to be heavily involved in public meetings.
In some areas the users' assembly is neglected and the Fl.JGC is dominated by a few individuals. In
Giber~ committee members complain that it is difficult to get users involved in the assemblies because
they do not understand the importance of these meetings. Some FU Gs even have rules to punish members
.J
who do not attend these assemblies. Some committee members get opportunities to attend training programs
--,
and study tours, but then they do not transfer their new skill to other users. In some FUGs, one or two key
._j
people assume all the responsibilities of the FUGCs and do not allow others to share in the succession of the
leadership. Moreover it is often found that a person is involved in several other institutions besides the FUGs.
The Forest Act 1993 states that "the users' group shall have a separatefund of its own." The FUG

fund is growing every year. The main sources of income for these funds are the fees charged for the use of

31

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forest products, fines against the rule-breakers, interest from loans, profits from selling forest products to

markets, and donations. FUGs have been using their funds for a number of small scale local development
r~
activities such as building and maintaining schools, paying the salaries of school teachers, building and
maintaining drinking water systems, constructing temples, paying salaries for priests, making donations to the
D
local hospital and health posts, constructing bridges, supporting sanitation activities, building rice mills, and

constructing resting places. In addition, FUGs may pay a salary to the forest guard, constructing an office
D
building, buying stationary and tea and snacks for members. In a few cases poor users have been supported

from FUG funds in the cases of sickness and natural calamities. Thus the PUG fund is growing as a major
r
resource for local development.
On the other hand, until now the fund ~ been used mostly for the group interest. 1be poor users D
who have been bearing the burden of the fund collection most severely have not yet benefited. Instead, there

are examples that the ambitious committee members might try to meet their individual aspirations through the D
FUG fund. An influential committee member ofKoidim PUG ofTanahun District got a chance to visit Israel
and was very impressed by the Kibbutz collective system there. Perhaps, he thought the FUG could be the
[
equivalent of 'Kibbutz" in Nepal,. After coming back from the tour he started to look for the possibilities to
profit from collecting sal in the forest of his PUG. He mobilized the users and started felling sal trees and D
sold the timber to collect a large amount of money for the users and the group. Later the District Forest Office
reprimanded him since it was against their operational plan. 1be technicians say that it was selective felling [
and technically not bad. The District Forest Officer reclaimed the forest from the FUG. The District branch of

FECOFUN held a demonstration against the decision and now the case is in court. D
A number of FUGs have income generating programs based on the sale of non-timber forest
produc~. Most of these programsare focused on raising funds for the user group rather than on empowering

. the poor and women. As market accessibility grows, issues of forest product commercialization might
D
become more prevalent.
n., Ibale ;; •· pA issues ff:flect existing social inequalities in local communities. The question
D
arises whether the ongoing process of community forestry within FUGs is perpetuating or reducing these

inequalities. A Jack of infonnation and transparency keeps the level of awareness low among users, creates
D
. mistrust among users and committee members, and often leads to conflict. All the issues mentioned above
indicate that even after a lot of outside effon, community forestry has not yet successfully resolved inequity
D
issues within FUGs. This leads me to conclude that change must come from within the PUGs rather than
from without. In many Nepali villages, as elsewhere, real interests remain unvoiced and consensus building
0
becomes a license for domination. Existing and the emerging issues in the FUGs indicate that empowering
0
32

0
D
 people to express their needs is a precondition to breaking this impasse. Another question arises as to what
are the best alternatives for poor and women users? Similarly, what alternatives are available to FUGC

l membe~ ? It is ex.pensive to become involved in the public affairs. Can everybody afford it? These are the
issues to be discussed consciously by the all interest groups interested in institutionalizing FUGs.

_J
FUG Support and Strengthening: Who is in the Driver;s Seat?
FUGs with full rights and responsibilities for forest management and the status of an independent
] organization has been the vision behind community forestry efforts in Nepal. A number of FUGs, however,
have not yet lived up to this vision. Users, even committee members from time to time, express their fear that
government might take back the forest from them at anytime, particularly when forest conditions improve.

l Others are concerned that the Forestry Department, particularly the District Forest Office, should
instruct and support FUGs and that rule-breakers should be disciplined by them. The active and often
imposing involvement of forestry staff from the very beginning of the formation of an FUG, including the
preparation of their operational plan and constitution, might also cause feelings of alienation among users.
Incentive oriented subsidies given by the District Forest Office and various NGO projects have also created
feelings of dependency among the FUGs. AB mentioned above, the institutionalization of the participatory
approach within FUGs is also seen as a reason for the lack of self-confidence. On the other hand the process
of transferring forest management is very time consuming. It involves identifying user group, interest groups,
negotiation and consensus building. All of this draws on limited government resources for developing and
employing staff equipped to handle such processes. Another reason the transfer of forest to the FUGs is slow
might be related to the basic needs of the District Forest Office staff. They receive very little pay and as such
have little or no enthusiasm for these projects.
Hence approximately only 8.5% of the total ~ potentially available for community forestry has
7 been transferred to FUGs (Table 1 ). Most of forests that have been transferred are located in districts where
...J
funds from donors are available. 'Thirty eight out of 54 districts in which FUGs are found receive funds from
a World Bank loan. This accounts for 62 % of the total forest handed over to FUGs. In 12 districts, bilaterally
j
funded community forestry projects compose 33% of the total forest handed over. Only 3% of the total area
., handed over in 4 districts are funded by the government of Nepal (HMGN) without any outside donations.
Out of about five thousand FUGs, 66% are in World Bank funded areas, 31 % are from in areas funded
through bilateral aid projects, and only 5% of are located in districts fundeq by HMGN (Table 2). This
answers our question as to who is in the driver's scat in the community forestry development process.

_j

33
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Table 1 Status of transfer of Nepal's community forest to Forest User Groups (FUGs)

Community forest transfer status Area (in hectares) Pen:cntage of total available
community forestry land

Community forests now under Fl.JG management 301,633 8.5%

Community forest land to be ttansfercd to RJGs 3,259,967 91.5%

Total potential community forest area 3,561,600 100.0%

D
Source: author
D
Table 2 Funding source factors in the pace of community forest transfer to FUGs
Donor group FUGsformcd Mean si:r.eof forest/
Fl.JG (ha)
No. of households
affected
Mcan#of
households/FUG
[
# %

The Govemrncnt of 231

# %

5% 35 28,086 6% 122
D
Nepal

World Bank 2932 66% 68 306,709 63% 105 D

Various bilateral 1571 31% 60 152,918 31% 97
projects

Total amount of 4734 100% 64 487,713 100% 103

D
land transfered
Source: author D
Networking among FUGs: Independence and Interdependence
After emerging as autonomous and corporate institutions, FUOs started different types of networks
D
among themselves including a federation - the FECOFUN. Members of the Bhadkhore FUG of Parbat district
have been holding one day meetings with neighboring FUOs to share their experiences with others. A number
D
of FUGs have been producing seedlings for the others. Some District Forestry Offices annually bring together
all the FUGs within their district to discuss their plans and programs and to explore possible financial and
[
technological support from the Forestry Department. Annual plans are prepared based on these annual
meetings with the FUOs. D
FUGs s~ their experiences with each other in the annual meetings called by the Forestry
Department. One year representatives from the Myagdi District FUGs expressed their interest in having a D
bamboo plantation in their community forest. After a discussion, they reached a decision that the Forestry
Department would arrange a training session on less expensive techniques of bamboo propagation for the D
interested FUGs with financial support from the a donor project. A trainer was hired from the United Mission

34
l
D
D
 to Nepal for the first time. The following year more FU Gs expressed interest in this activity. This time the
users who were educated in the first training session were hired by the interested FUGs themselves.
A number of other innovative processes and activities have been emerging independently within the
FUGs. For example, the Ahaldanda FUG of Parbat District has two fonna.ts for committee meetings. The
first type of meeting is held for committee members every month. The second type of meeting includes all

user households in a general assembly held once every other month.

Our research team has detennined that there is often a difference between the written constitution and

operational plan and practice. For example, in most plans it is written that the users' assembly will be held
7
twice annually. Except with the examples mentioned above, however, we found few examples of usen;'
assemblies. This reflects the imposition of a stereotyped plan by Forestry Department staff on the preparation
7 of FUG constitutions and operational plans. Meanwhile behind the scenes, the traditional system of
households paying guards' salaries with grain during the harvest is still alive in number of cases. Similarly,
traditional methods are effective in infonning the users about new decisions. Katwale (locally employed
messengers) are used in a number of places. The FUGs have started lO demand recognition of their
autonomous status from other organizations too. One FUG stopped the District Development Committee

-' from quarrying rocks in its forest for some development construction. FUGs are definitely becoming more
viable organizations. Some complexities, however, are ';leveloping in the relationships between VDCs and
FUGs. In one case a VDC collected a levy from a FUG. In a number of cases the villagen; have established a

single fund for both the FUG and the Ward.

The Forestry Department has been closely involved with the development of FUGs as separate
institutions. A two way flow of infonnation between the state and the FlJGs has been the key to this success
and this flow must continue into the future. To build strong FlJGs the process must also involve a wide range
of organizations in Nepal. A few NGOs have initiated activities with FUGs and community forestry in Nepal .
Different donor initiated project,s and the Forestry Department have been looking at possible collaborations

with NGOs for implementing community forestry.

Recently Action Aid and WATCH, two NGOs, designed workshop on community forestry for
_j
introducing other NGOs and INGOs to community forestry issues. The donor agencies have always been
important stakeholders in community forestry in Nepal. Along with project implementation, they have
initiated debate on various issues in order to build consensus regarding lessons from the field. For example,
the Community and Private Forestry Divisions of the Forestry Department together with the Nepal-UK
...J
Community Forestry Project organized a workshop (1996) on making the concept of networking more clear.

35
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Th.is workshop focused on developing networlcing among FUGs and included participants from the Forestry

Department, other donor.backed projects, NGOs, INGOs and FECOFUN.

D
FECOFUN; the association of FUGs, is beginning to grow. District branches have still not been

fonned in most districts and forest users in most districts are not aware of the objectives of the federation.
D
FECOFUN has become involved in advocacy measures. For example, it advocated for the interest of forest

users in the case of the Operational Forest Management Plan for the Bara District Forest Area 1995/96 -
0
1999 - 2000. Another example was when the federation tried to argue against the cancellation of community
forest by Koidim Fl.JG by the District Forest Office. As mentioned above some regional level networks have
D
also been started in at the South Asia level.
D
Conclusion
FUGs have emerged as the preferred alternative for forest managemenL FUGs have evolved through D
much experience and debate among the implementers, researchers, users, and policy makers in community
forestry. The repeated process of posing the problems perceived from experience and research, debating the 0
issues, and trying new approaches has revealed that FUGs need to manage the forest wim the conscious
participation of all users without any discrimination against gender, class, caste, and ethnic groups in decision D
making. Unless the Fl.JG has the consensus of all the interest groups over me management of its organization
and the resources, there is always the risk of the reemergence of the 'tragedy of commons.' The constitutions ·□
and the operational plans of the FUGs are the evidences of this consensus. These instruments are also the

statement of the rights and responsibilities of all users, members, and officers in the FUGCs, the executive D
committees, and also for the DFO on behalf of the Forestry Department.
The question remains, however, if any real consensus in the preparation of the operational plans and

constitutions has been reached? This is a challenging question. Villagers are not accustomed to preparing
D
lengthy technical documents. Traditionally, villagers kept relatively brief written documents and most of their

decisions were implemented through verbal communications. This situation disempowers the users. The
l:
users' assembly has been envisaged as the ideal forum to encourage users to participate in expressing their

interests. It is hoped that this forum will help to build consensus during the preparation of operational plan
D
and to deal with the other issues in the process of implementing the plan. In a number of cases, the users have

actively been participating in assemblies. In most cases, however, members do not even attend. Because
D
members are not there to participate, the FUG operational plan and its constitution are almost totally

prepared by technicians from the DFO and a few vocal members of the community.
D
D
36
D
D
7

One solution to the problem of getting people to participate in the preparation of RJG documents is

to organize interest group meetings before the village assemblies. This has been tried and has been found

somewhat successful in empowering various interest groups, particularly the marginal, to voice their opinions

and to build consensus among the various groups. The trend is that at the first assembly meeting villager
attendance and participation is impressive, but gradually from the next assembly onward the participation
begins to dedine. This may indicate a need for interest group meetings in the latter stages of the process.
,
However, the challenge of institutionalizing participatory or dem<Xratic processes within the RJGs is not

easy. When and how will the process of empowering the marginal users become a s<Xial nonn among the

users?
Until now community forestry has served either the interest of the resources (through protection) or
the interest of a few key position holders in RJG committees who ~ wealthier, more educated, more

politicized, and more powerful but less dependent on local natural resources. The problem is that the poor and
women users are not usually represented on the RJGCs because of the time required and because of tradition
which forbid their participation. Awareness raising is the first step of conflict resolution within the l<Xal

communities of Nepal. The RJGs need assistance from the other orgwtizations including the Forestry
Department, donor initiated projects, INGOs, NGOs and other GOs, but true change must come from the
people of the communities. This calls for the creation of horizontal dialogue among the different levels of

users and different interest groups. It must cross the boundaries of wealth, gender, power, education, caste,
ethnic group and place. This variety of members and interests is to be emphasized and institutionalized within

theRJGs.
On the other hwtd, each FUG has to develop its own confidence regarding its independent status and

maintain its diversity wtd change using its own initiative. The situation at present is such that most FUGs
depend on the Forestry Department wtd the donor initiated projects as well. Even RJGs led by powerful
individuals are not yet confident enough to express their own interests to other stakeholders. The federation of
the FUGIWECOFl.JN) is developing, but is still in its infancy. Most FUGs a.renot clear about their
objectives or the concepts behind their existence. Despite many efforts to involve local villagers in formal

forest management, RJGs are still more like a national body without a district or village level base. The

, Forestry Department and the donor initiated community forestry projects seek to strengthen the capability of
_J
RJGs as autonomous bodies to manage their institutions and their forest resources independently.
Most NGOs in Nepal have not been very involved with community forestry development programs.

However, the local NGOs efforts, if stepped up, could contribute important support to community forestry.
lhrough collaborative efforts and dialog, the organizations could be influential in empowering both the

-, 37

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marginal usen; and the RJGs as autonomous organizations. The recent efforts to sensitize NGOs to
community forestry issues was a meaningful starting point. Let us put the RJGs in the driver's seat. They can
r
drive the vehicle of community forestry, building the awareness of their members, particularly the margi.naJ
including women. They can strengthen and build confidence in their organizations, establish formal and D
informal networlcsamong themselves, and conduct problem solving diaJogue with other organizations
including the Forestry Department D
D
r
Notes on Data sourc:esand Methodology D
r
The basic infonnatiQn fer this paper comes from the proceedings of~ wo,k.~hops. The ft.ratwas
the,Team Building Workshop held in May I996. Research was conducted amon_gten FUGs and three Range
Posts in Myagdi, Baglung ana Parbat districts. After the research, workshop participants gathered to present
and discuss their findings. The District Forest Officers, Assistant Forest Officers, and the Nepal-UK
Community Forest Project staff wete the participants of'the workshop.
The second source for this.paper is th~ proceedings from. theinduction and training sessions for new D
staff for fhe NepaUJK Project held £mm Novetnber 5~December 16, 1995 in the project area. The
induction/training combined the class room discussion with infonnation gathering from the field. Information
from 13 RJGs in Dhankuta, Tehrathum, and Sangkhuwasabha districts were collected and discussed during
the training by the participants.
r
1he third source of information for this paper is the proceedings of the Participatory Rural Appraisal
Wor.ks.hopRelated to Community Forestry held in July, 1996, at Lumle Agriculrural Center Nepal. The
worlc.shopparticipants, the District Forest Officers, and the Nepal-UK project staff collected information
D
from 6 RJGs in Parbat District and compiled 6 village community forestry profiles as a part of the training.
The author was a participant in these three events.
The points made in this paper are also supported by materials from the Nepa1.:UKProject annual
D
reports, periodic monitoring study reports, and the outlines of presentations made in different workshops,
seminars, and training. Our efforts were directed towards identifying newly emerging issues and old issues
wllichmin~ in drowmnunity fores&iyprojects. Apart from this, 1 drawinfonnation from
research reports pzepaedby: lmmlatioa1al. Centerfor IntegratedMountain Development (ICIMOD), Nepal­
Australia Community Forestry Project, and case study ·papers prepared by the members of 'Nepal
Madhyasthata Samuha' (Nepal Mediation Group). Supporting materials also include legal and policy
D
documents: 'Forestry Sector MasterPlan', Forest Act 1993, and Forest Rules 1995,and papers written by
community forestry professionals.
D
D
38
L
L
Li
 N£W ALLIANCES:
THE ,POLITICS OF ENVIRONMENTAL 'DECISION MAKING IN THAll..AND

Sayamol Kaiyourawong 1 with Sonja Brodi'

Abstract
Conflict over restrictive government policies penaining to the management of conservation Jortst areas in northern
Thailand has led to an alliance berween non-governmental organizations and local village communities threatened with
evictinnfromforest areas. This alliance has fostered the formation of the Northern Farmers' Network, an organization
that effectively pools the collective strength of divene villagers to lobby the government to adopt a more participatory
approach to conservation forest management. Thi.spaper chronicles the on-going efforts of this organization to bring
about governmtnt policies more favorable to community forest management, and it presents some of the key lessons
, emerging from these efforts. These lessons inclwde the imponance of combining community development schemes with
resource management policy in a more collaborative rather than confrontational approach with village communities.
In addition, resoMrce conflicts are more likely to be resolved when villagers, non-governmental organizations, and
government agencies all re-evaluate their respective roles and work to establish srronger micro- to macro-level linkages
within their own i11.Stitlltionsas well as with each other.

"at the moment, we have two main social conditions: monetary economic system vs.
7 environmental s-ystem, and authoritarian s-ystem vs. merit system. All these conditions and
relationships are interrelated and need to be looud at holistically. Villagers need to think them
over and identify their problematic characteristics. Surrounding allies need to be mobilized so
7
as to build up new social conditions that allow positive characters[ of things and people J to
show and junction. People can never avoid problems. Our society always has these dual
characteristics: the backyard well and the prospective one. The former represents the local and
-, appropriate economic s-ystem that the villagers should adopt and adapt to suit their current
situation. The latter is the new and changing trends faced by all villagers. " Jomi Odochao, a
..J, resp«.ted and well-informed Karen intellectual who lives in a Karen village in Chiang Mai (Newsletter 1ba.i
Development, November 29, 1995).

Since 1955, Thailand's National :Economic and Social Five Year Development Plan (NESDP) has
encouraged private investment in natural resource use. As a result, many of the country's resources have been
exploited for industrial production through a government monopoly of private contracts. At the same time,
the government established the Royal Forest Department(RFD) with a National Forest Master Plan to
conserve all protected/conservation forest areas and award logging concessions in designated economic
forests. Consequently, the RFD's management approach is dominated by the concept of private, individual
7
land use rights and forestry principles imported from the West.
J
This national development policy has led to the emergence of conflicts over the control of narural
resou~s among villagers, the government. and private businesses, all of whom hold disparate views and

' Environmental lawyer,~gal Defense Program, l'foject for Ecological Recovery, Bangkok, Thailand
2
Degree Fellow, East-West Cent.erand Ph.D. candidate University of Hawaii Department of Geography,
HO'nolulu,Hawaii. S. Brodt providedextensive editorial assistance with this paper~but the datn and substance
were first rcconied and written by S. Kaiyourawong.
J
39
 D
interests. In mountainous northern Thailand, management of conservation forest areas is a particularly
sensitive issue involving many parties including, among others, hill tribe fanners and the downstream citizens r
of central Thailand and Bangkok, who perceive negative environmental effects from forest exploitation

upstream. D
This paper focuses on a particular conflict that has erupted over the government's extension of
conservation forest areas, with strong legal restrictions on human activities, to cover pre-existing villages. In D
response to this conflict, a people's movement involving such diverse parties as villagers, environmentalists,
academics, and the mass media is attempting to balance the government's monopoly on decision-making. D
This movement is primarily the result of alliances among farmers and betweenvarious farmers' groups and
non-governmental organizations (NGOs). The latter, in particular, assisted the formation of the Northern 0
Fanners' Network (NFN) with the aim of working with the government to fonnulate policies that protect
fanners' interests in narural resources and land rights. [
An important lesson from the experiences of the NFN is that in conflicts involving many people over
large areas, regional alliances that join a multi rude of micr<rlevel individuals into larger macro-level
organizations, can strengthen the capacity of the people to influence the large-scale national government
0
Only by thus gaining a more equal footing is it possible for people to begin to bring about a shift in the
state's views on resource management; a shift that is necessary for more productive negotiations and
D
collaborative management. Evidence from this case also points to promising new roles for NGOs as alliance
coordinators and as mediators of conflicts between the state and farmers' organiz.ations.
0
Most of the material for this paper stems directly from the experiences of the first author in worlcing
with the Project for :Ecological Recovery. This national NGO based in Bangkok is a coordinator of other
D
NGOs that directly assist fanners' organizations, and it is also one of the key parties involved in drafting the
·□
Community Forest Bill described below.

Background
D
Conservation Forest Laws and Polkies
The National Forestry Policy of 1985 states that 40 % of the national land base (20,480,000 D
hectares) shall be kept under forests, divided into the following two categories:
(1) Conservation/Protected Forest: 15 % of the national land base shall be kept in this category for
nature conservation, recreation, and environmental quality protection; and
0
(2) Production/Economic Forest: 25 % of the national land base shall be designated for production of D
timber and other forest products.

40
D
D
D
 In the Seventh National Economic and Social Development Plan (1992-1996), the government
revisedforestry policy to reflect the greater emphasis on conservation since the nation-wide logging ban was
imposed in 1989. Although legislated total forest area remained the same, the target percentage of
conservation forest increased from 15 to 25 percent, while the area of economic forest decreased from 25 to
7
15 percent (Amornsanguansin 1992). The same figures were also cited in the draft of the Thai Forestry Sector
.J

Master Plan in 1993.

This paper focuses only on issues surrounding conservation forests, the history of which began with
the Food and Agriculture Organization's recommendation in 1959 that the government survey the landscape
, and forests and reserve 40 percent of the country's area for forests. National Park experts from the United
.J
States then collaborated with Thai foresters to survey and zone a portion of this area for National_ Parks and
Wildlife Sanctuary areas, two of the components of conservation forests. The government subsequently
promulgated the 1960 Wildlife Sanctuary Act and the 1961 National Park Act. The objectives of both of
these acts were to reserve plant and wildlife areas for research and tours, and to prohibit all other human
_J
activities, including habitation, from these areas. Watershed Areas, the third component of conservation
forests, were established for watershed protection, and all activities in these areas are regulated by cabinet
_J resolutions according to the National Environmental Committee's recommendation.

7 Impact of Laws and Policks in Northern Thailand

_j Northern Thailand comprises the eight provinces of Mae Hong Son, Chiang Mai, Chiang Rai.,Nan,
Lamphun, Lampang. Phrae and Uttaradit. lbis mountainous region consists of hills and relatively narrow
., valleys, and occasional intennontane dcpTCSsionsfanning a highly complex relief. The region shares
international borders with Burma and Laos. The Ping, Wang, Yom and Nan rivers join the main headwaters
7

..... of the Chao Phraya as it flows southwards into the Gulf of Siam (Ives, 1978). (Figure 1)
Twenty-three ethnic minority groups, or hill tribes, live in the highlands of the North. Some upland
7
minorities, such as the Karen and the Lua, are thought to have arrived as early as the 8th century. Other
_J

groups, such as the Lisu, Hmong, Mien, and Atha, came during the first half of the 19th century and have
continued to immigrate well into the second half of this century (Bhruksasri, 1989). These groups practice a
variety of forms of shifting cultivation systems in and around permanently settled villages. The lowlands are
7
occupied primarily by Northern Thais who practice intensive irrigated rice cultivation supplemented by a

wide variety of other crops.

The result of the increase in conservation forest land under the Seventh Development Plan is that in
....J
the northern region 8,170,253.76 ha, or fully 77 percent of the reserved forest area, now falls under this
category (RFD 1992). Therefore, many of the hill tribe groups that have lived in this area for decades, or even

41

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centuries, now find themselves jn conservation areas. 1he 199.5statistics of the RFD indicate that 102,230
D
people occupy 3,651,737 ha of National Park land and .53,69.5people occupy 43,298 ha of Wildlife
Sanctuaries. Some hill tribe villages are located in zones assigned the strongest conservation class where no
human activities are allowed. These communities still depend on forest products for fuel, fodder, and building
D
materials, and consequently have found themselves in a vulnerable position with respect to authorities from

the RFD who are planning to evict them legally from these areas.
D
They are also vulnerable to public opinion. Over the last few decades a public debate has emerged
over policies designated to protect conservation forests in the North, because the Ping, Wang, Yorn and Nan
D
rivers are tributaries of the Chao Phraya River, which is the water supply both of Bangkok and the fannland
in the lowlands of nonhern and central Thailand. As a result of public concern over this water supply, there is
D
general agreement with the government's policy of reloc.ating hill tribes to the lowlands.
D
0
D
0
I LAN 0

□
D
D
GIJLF
OF
SI A M
D
f-:q Loftd above SOD metert.
D
O
..
IOO li!OO 300

II .
D
Figure 1 Map of Thailand
D
42
D
D
 Over the last three decades, the state has already forced displacement and resettlement of hundreds of
village communities, many of them to deteriorated or infertile forest reserve lands, the only land currently
available for resettlement. For example, in 1986, about 900 hill tribe families of Alcha,Mien, Lahu, Mon, and
Karen were relocated downwards out of the Klong Lan National Park in Kampaengphet in the north by the
RFD (Luangaramsri and Noel 1996). In March 1994, the RFD completed the relocation of 167 families of
-•
Yao, Lahu and Lua hill tribe people from Doi Luang (Luang Mountain) National Park which straddles the
7
three northern provinces of Chiang Rai, Phayao and Lampang. They were resettled in a degraded national
forest reserve in Pa Chor village in Wang Nua District ~f Lum pang. Each family was given four acres of poor
land not suitable for cultivation. Water was also a problem. Although initially water was brought in by trucks,
the trucks stopped coming when funds ran out, leaving the villagers with unclean underground wells that
"l sometimes produced only muddy water (lnchukul 1994).
_J
Northern Thai villagers, Karen people, and other hill tribe people, in a wide area learned of the RFD
relocation of the people of Pa Chor village from the local media, the relocated people themselves, neighboring
villages, and NGOs working with Karen and other hill tribes. People in some areas had already confronted
foresters wanting to move them out of the National Parks. Alarmed that they would receive the same
treatment as the Pa Chor villagers, farmers living in existing, as well as planned conservation areas, began
working with NGOs to organize themselves into what would eventually become the Northern Farmers'

Network.
Conflicting V~ws of the Stakeholders
Conflicts over the management of conservation forests stem from differences in viewpoints of the
major stakeholding parties. Th.is section describes the positions of the state, the Northern Fanner's network,
and NGOs, including academics. We also examine the impact of the media on these three major players (refer

to Figure 2).
TM state. Several factors hinder the possibility of change in the state's orientation towards resource
management at the local level. On one hand, state agencies are heavily burdened by their centralized,
hierarchical structure that requiresthem to extend regulations from the top to villages in remote areas. As a
..J
result, the formulation of regulations often does not involve the grassroots. Although people have a legal right
-,
to know about forestry plans ahead of time if these plans will affect their dwellings and farmlands, in reality
..J
the state docs not do enough to inform them. People therefore seldom have the knowledge necessary to play a

part in project and policy design .

..J
In addition, when negotiations do occur between villagers and the local provincial government, they
often fail to bring about change because the bureaucratic system is organized and operated to give meaning

-, 43

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 D
and support to hierarchical status. Even though many provincial officials sometimes disagree with relocation
plans, they are not able to take any concrete actions to aid the villagers, because their power is limited to
D
providing the central government with information regarding problems and offering suggestions for their

resolution.
0
0
D
lHESTATE
D
0
0
D
D
D
Figure 2 Pertinent actors and some key interactions affecting conservation forest
D
On the other hand, lack of agreement between various state agencies and officials can also lead to D
une¥en implementation of decisions. In some cases, decisions a~ to by representative negotiating teams
are not implemented by other local officials who were not part of these teams. Interagency politics also affect
resource management. The military, for example, has historically been heavily involved in nonhcm 1bailimd
D
in controlling drug production and transport and managing the population of highlanders, including
implementing development activities in joint projects with the RFD. However, at present, the military must be
L
seen within the context of its declining role in Thailand's national politics since the end of the Vietnam War
and the end of the insurgency movements. Because of a decline in its relative importance within the
0
L
44

0
0
 government bureaucracy, the military has felt a great need to assert itself as a continuing manager of the

countryside and to force its way in as another player in resource management conflicts.
Another hindrance to collaboration with villagers is the mainstream environmentalist view adhered to

by the RFD, forestry academics, and environmentalists, which dictates that people must be kept separate from
nature in order to preserve nature (see Figure 3). The RFD's foresters utilire this view in their role as
bureaucrats to advocate extension of conservation forest areas and to seize control of all resource
management in these areas. Forestry academics and environmentalists believe that only this type of forestry
can protect forests from fires and repeated disturbances ~d that regeneration will occur by itself (Sukwong
n.d.). In addition, some state officials believe that villa.ger.. are too heavily influenced by outside profit
seekers wanting to exploit resources and are therefore incapable of protecting forests. These views, together
with the perception that the general public agrees with the RFD's policy of expanding conservation areas, has
led to the government's approval of the RFD' s recommendations without considering whether its actions

were truly appropriate for everyone concerned.

STATE FARMERSINGOs
ENVIRONMENTALIST TRADmONAL
VIEW CULTIJRE

l
Figure 3 Conflicting views about the role of people in forest conservation.

Northern Fanners •Network. Farmers hold a different view of forest management from that of the state.
Northern lbai and Karen communities in particular have evolved cultural mechanisms for integrating people
and forests while a1so protecting the forest (see Figure 3). The Karen, for e1tample, use a rotation system of
7
cultivation that allows for biologically diverse secondary forest to emerge in fallow areas that produce
...,
products important to Karen livelihood. Both the Karen and the Northern lbai participate in religious
ceremonies to consecrate trees during the rainy season. In addition, the Northern Thai have developed
J
mechanisms for organizing themselves into groups to build and maintain their irrigation systems. Extending
this idea of group cooperation into forest protection has therefore not been difficulL

45
 D
The precursor to the NFN initially emerged during the struggle of Northern villagers to ban logging
in the country. Community leaders mobilized villagers to organize into committees and appoint forest guards
D
to protect forests. However, they found that they did not possess the power to prevent entry by outsiders

engaged in logging with the backing of local and national level politicians and government officials. After
D
particularly heavy flooding and landslides that caused many fatalities in 1988, villagers joined the public
outcry in demanding that the government ban all logging. This ban was implemented in early 1989 by royal D
decree and then by Parliament.
After the logging ban, the villagers' movement was extended to Karen, Lua and other hill tribes, and n
with assistance from NGOs and academics from Chiang Mai University the NFN was established.
Subsequently, a request was submitted to the government to issue a Community Forest Act. The aim ofthis D
proposed act was to acknowledge the legal right of communities to manage forests and natural resources and
to provide some security by extending usufruct rights to communities in both conservation and economic D
forest areas. Without the legal right to protect their community forests, including those in conservation areas,
villagers cannot prosecute intruders in court, and in many cases encounter life-threatening situations when D
they try to stop intruders. Their problems a.reeven more critical when intruders a.regovernment officials who
misuse their authority for personal benefit. (Ganjanapan 1992). D
After many failed petitions to the government concerning villagers' problems, members of the NFN
recognized that only by joining together and organizing themselves could they build sufficient strength to
balance the power of the government This power is achieved not only by forming a large organization, but
0
also by cooperating with NGOs, academics, and some socially--ronscious government officials who provide
villagers with needed information and skills. The NFN and the NGOs are then able to evaluate the situation
D
and provide the government and the RfD with information and suggestions for cooperative conflict
resolution. Finally, if this tactic is not successful, the NFN can organize demonstrations to pressure the
D
government for more immediate solutions to problems.
NGOs and acad~mics. NGOs' approach to na.rural resource management and the resolution of conflicts
0
between the state and villagers stems from a holistic view linking problems of poverty, land titles, quality of
life, devolution of authority to communities, and investigation of politicians and the government. This is in
D
contrast to the more one-sided bureaucratic view that focuses only on the need to relocate villagers without
considering the full spectrum of outcomes. D
NGOs are working to empower grassroots organizations such as the NFN on two levels. On the first
level, NGOs meet with grassroots groups in different villages and encourage them to share their problems, D
solutions, skills and lessons learned. By helping villages to establish networks through which they can

46
0
Li
[
 strengthen their demands and gain mutual benefit from their activities, NGOs demonstrate to other groups the

effectiveness of networking when trying to negotiate with other conflicting social groups, even with
1 authorities who do not usually listen to villagers.
_J
On the second level, NGOs act as outside partners to the government, complementing the role of the

state in development efforts. The ultimate target beneficiary is common to both, i.e., the people of the nation.

In the past seven years, NGOs have done much to improve forest policy by encouraging and coordinating

academics from many disciplines to conduct research on relevant problems and to se.ek alternative ways of

managing natural resource sustainably based on community rights.

The Project for Ecological Recovery (PER) is a key second-level actor, because it supports other
NGOs that worlc at the primary grassroots level by providing relevant legal and policy infonnation. PER
seeks new interactive mechanisms for conflict resolution and in this capacity serves as a moderator of
discussions, facilitator of meetings, and coordinator of academics, the media, and government officials.

The media. While not quite independent actors in their own right. the news media nevertheless play an
important part in helping to define the roles of the three main actors. In the past decade, the increasing gravity

of environmental problems and their impact on villagers' lives, coupled with the growing freedom of the
7
media from.government control, has resulted in the emergence of a strong environmentally-oriented sector in
the media. lbis sector has been used to advantage by NGOs to bring the sustainability of villagers' forest and

agricultural management practices into public view. The media have also aided in broadcasting information

about villagers' demonstrations and demands to the government.

On the other hand, some members of the media support the comJpt practices of certain local political
_j
leaders who collude with local and international business interests in land speculation, dam building, and

other projects based on resource exploitation. In addition, the RFD and environmentalists, with their strong

anti-people approach to conservation, w:c also able to influence public opinion of environmental conflicts
through the media Gaining access to public opinion through the media is therefore a crucial action for each of
the parties in this conflict, because, as demonstrated by the logging ban, public outcry can influence key
, policy decisions at the national level.
.J

Conflict Resolutiom Strategies and Actions

J Two related eff0t1S have dominated the activities of the NFN and NGOs with respect to conservation

forest conflicts. One has been an effort to give specific villages in contested areas the capability and the legal
control to manage local forest areas, while the other has been a larger-scale campaign to draft and pass a

national Community Forest Bill.

47
 r
Conflict Resolution Strategies for Local Areas
In older to clarify the conflicts regarding conservation forests and their causes, the NGOs have
r·
cooroinated the efforts of academics to analyze and critique legal and policy issues, including the RFD's
resolution to relocate villages and expandconservation areas, to characterize the attitudes of relevant groups
['
towards the environment, and to detennine the limitations of the provincial government. lb.is analysis has
been discussed in meetings with community leader.; and villager.; to formulate plans for the management of D
specific areas. The NGOs and an NFN committee have also cooroinated academics from the Social Research

Institute, Chiang Mai University to hold a seminar in which the RFD and the National Security Council were D
provided with infonnation and proposals for cooperative problem resolution from the villageni' per.;pecti ve.
The Minister of Agriculture then appointed a provincial committee to gather infonnation and make D
recommendations. This committee is composed of representatives of the provincial government, local RFD

foresten;, community representatives, NGO staff members, and community teachers and academics. The D
committee forged an agreement proposing to allow villager.; to manage forests collaboratively with foresteni.

It was decided that each community should produce a management plan within a two year period. The D
Minister of Agriculture would then propose to the cabinet to approve a redrawing of conservation area
boundaries to exclude the dwellings and farmland of those villages with forest management plans. D
The NGOs subsequently collaborated with academics to run a Participatory Action Research (PAR)
workshop involving village leader.;. The purpose of this initial workshop was to define the major issues

surrounding villagers' land and forest problems, to suggest methods for resolving these conflicts, and to
D
identify all relevant parties to the conflicts. They also discussed questions of who should receive what rights

in cases of joint forest management by several parties, and how the performance of each of the parties would
D
be regulated.
As a result of this initial workshop, subsequent sessions were held to train community leader.; in fact­
D
finding techniques, natural resource mapping techniques, methods of analyzing problems, and ways of

mobilizing and organizing villagers. Villagers collaborated with each other to draw up local resource maps,
D
and they also worked with NGO staff and academics in ecology, anthropology, and forestry in resewch that

sought to define alternative management options merging local cultural knowledge with scientific knowledge.
D
During several consultative meetings that also involved foresters, narural resource management plans were

produced based on each community's particular capabilities. However, this process of PAR was conducted in
D
only a few communities because fores~ in many areas did not a~ with the recommendations of the
provincial committee, even though they were technically part of the committee. D
D
48

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 At this point in April 1995, the NFN staged a rally in which about 3,000 villagers marched from
Chiang Mai to Lamphun Province. The purpose of the rally was to move the government of Prime Minister
Chuan Leekphai to stop immediately the relocation of villages from conservation areas and to pass a
Community Forest Act permitting villagers to participate in forest management. The villagers also demanded
that they should be able to take pan in establishing the details of this Act (Bangkok Post, 4/22/1995).
The Minister of Agriculture visited the site of the rally and indicated that he needed more information
about the villagers' problems (Bangkok Post, 5/1/1995). The NFN subsequently attempted to follow-up on
government proceedings, but nothing happened before the government was dissolved.
Towards the end of 1995 the NFN sent a petition to the new government of Prime Minister Banham
Silpa-a.cha, but still there was no progress. The NFN decided to join with the Forum of the Poor (FOP), an
organization initiated by networks of Northeast villagers in order to persuade the government to solve their
problems promptly.
In April 1996 members of the combined FOP-NFN from all regions of the country protested in front
of Government House in Bangkok. Protesters divided into five groups and demanded the government to
respond to five main issues, one of which was the relocation of people affected by the extension of
conservation forest areas. F.ach group had outlined their problems and actions they wanted the government to

-, take, using information developed during the PAR exercises.

In response, a meeting was held between cabinet ministers and representatives from the NFN, FOP.
and NGOs to address these five main issues and to draw up a cabinet resolution. During the meeting, the
NGOs acted as advocates of the NFN by summarizing their problems and demands, assisting in negotiation,
and mediating when disagreements arose.
The Minister of Agriculture and a provincial committee appointed by the cabinet visited some rural
communities and commented that the seven to nine year fallows in the Karen rotation cultivation system
should not be considered forests, contrary to the villagers' views. It was therefore decided that while
conservation boundaries could be shifted to exclude dwellings, in the case of farmland further research was
needed by academics, NGOs and the NFN in order to decide whether such rotating fallow areas could be
included in designated community forest land. However, just when this research was being completed, the
Prime Minister dissolved his government before any proposals could be made.
In the new government of Prime Minister Chaovalit Y ungchaiyut, the NFN once again joined FOP
\
demonstrators in front of Government House. Subsequently, approximately 150 representatives were chosen
to hold talks with the government. Their agenda can be divided into six broad categories, including, among

.J
49

J
 . .,
r
others, problematic land and forest issues of the NFN and the Community Forest Act. (Bangkok Post,

1/27/1997)
r
During the discussions, the FOP demanded that the cabinet allow government representatives full

authority to ensure that any decisions reached are final and implemented. This issue had become very
D
important due to past experiences in which agreements between the government and FOP representatives

were subject to further consideration by other state agencies, resulting in many problems being left
D
unresolved. Negotiations are currently in progress at this writing and a summary is being submitted on a

weekly basis to the cabinet for approval.

D
Policy Dialogue on the Community Forest Bill
NGOs and academics have in the past had some difficulty in becoming fully involved in the drafting
D
of the Community Forest Bill. Although they had participated on a subcommittee established by the RFD in
1990 for the purpose of formulating a bill, their views in the end were not integrated into the draft. Instead, D
the RFD wrote a bill that would only allow the creation of community forests in designated economic forest
areas, which were often already degraded. Moreover, the people would only serve as a support to the foresters D
in conservation activities, with no decision-making authority of their own.
This inability to assert any influence on the government even in official, government-sponsored D
consultative meetings led to two actions. One of these was the villagers' demonstrations described previously.
The other action taken by NGOs, academics, and the media was to hold public seminars on the details of their D
version of the Community Forest Bill, which was drafted together with academics and villagers. E,cperiences
at these seminars suggested that the government, and specifically the RFD, at least had accepted the concept D
of community forestry in theory, even if implementation still proved to be problematic. In addition, the NGOs
and academics persuaded the Minister of Agriculture and some political panics to bring the draft bill to the

attention of the cabinet.

D
Advisors to the government of Banham Silapa-achar agiced not to present the RFD's version of the

Community Forest Bill to the cabinet, but instead to set up a working group composed of village
L
representatives, NGOs, academics, and the RFD to write a new draft bill. Th.is bill, completed in April, 1995.
provided for broader recognition of community rights in forest management in conservation areas as well as
D
other areas, and it established a provincial mechanism to regulate and investigate community organizations.

At this writing, the government is scheduling public hearings of the bill.

D
Throughout the drafting process, local NGOs and villagers met at all levels, from local communities
up to the NFN committee, to discuss the content of the bill. A group of NGOs, lawyers, academics and
L
villagers then drafted some proposals derived from villagers' comments to present in the working group
D
50

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D
 meeting, and they monitored the progress of the government. In addition, the NGOs coordinated the media to

disseminate information about the whole process, including the NFN's and FOP's demonstrations.

~ns for New Approaches to Resource Management

Several lessons for implementing changes in resource management policy emerge from the above
cases.
Forging a N~w Collaborative Vision
Several aspects of government and environmentalist ideology hinder resolution of forest-based
conflicts. The state concerns itself more with resource exploitation for the economic benefit of the abstract
"nation" than with the equitable distribution of income among actual people and communi.ties. As a

consequence, the government has often taken a coercing, law-enforcing approach to environmentally-based
conflicts rather than a much-needed collaborative approach. The policing approach is further supported by
environmentalists• perception that villagers are the main cause of forest destruction and must therefore be

completely excluded from the forest. Fmally, the general lack of public knowledge about community-level
resource management traditions leads to further entrenchment of anti-people views.
Villagers, on the other hand, have a greater tendency to integrate resource conservation with resource

use via culturally defined norms and inhibitions to over.exploitation. Furthermore, villagers have in many
7
cases, as described previously, have shown themselves to be quite capable of mobilizing into groups and
_j

networlcs that can raise consciousness about resource use problems and can use tools such as land-use
mapping to design, implement, and regulate community-based resource management.

The villagers' relative success with such initiatives, even in the face of the government's inflexible
attitude, calls for the nurturing of a new vision in which human resowre development is coupled with natural

resource management and conservation in a mOICparticipatory and collaborative approach rather than in
confrontation.

Linking Community De-,elopment wilh Consen,alion

, A new vision for reso~ management integrates socioeconomic development with conservation.
_j
Only when people have the means to secure the economic well-being of their families through alternative
-,
agriculture, land rights in certain forest areas, and other mechanisms will they be effective as partners in
conservation. Implementing local-level development calls for the involvement of government, NGOs, and
academic researchers .
...J

51

....

_J
 r
Linking Mkro and Macro Levels
An important lesson learned through these ongoing cases is the need for stronger linkages between
r
myriad micro- and macro-level entities. This lesson applies to all three major players, the village
communities, the government, and NGOs. I
Community-b~ed Unkngts. lbroughout the cases described, three different organizational levels emerged
which played important roles in orchestrating community-based management initiatives.

• Individual villagers. In every local community,there is at least one refloctive, intelligent villager who
can explain, analyze, and summarize local wisdom and find ways to integrateit with outside
knowledge and technology_A crucial step then is to provide this individual with the opportunity of
I
acquiring ne:winfonnation by visiting other areas and joining training seminars which will aid him or

•
her in leading and instructing other villagersin his or her community..

Community organization. The intellectual villager identified above can then be a key resource person
to distribute infonnation within the community and to organize the community to worlcwith NGOs,
local government officials, and -others to analyze and begin to resolve resource problems.
'
D
• Community networks. The village resource pen.on may also play a key role in linking commnnities
on a larger scale. No matter how well-informed and organized any single community may be, it will D
always encounter limitations in tryingto manage resources in a large watershed or national park
because it lacks the sizet:0,go:vema large area, and it lacks the legal right tQenforce rules and to deal
effectively with conflicts with other communities that are sharing the same resource. It is thus D
necessary to develop networks of communities that can cover entire watersheds and national parks.
As shown in the above cas~ •.only through cooperative action can communities gain enough
oollective strength not only to deal with the technfoal issues of resource managemept but also to
match the scale of the provincial and national governments that theymust lobby f ottechnical and
D
legal support.
D
NGO linkag~s. Ultimately, the effectiveness ofNGOs and associated academics in influencing a government
policy such as the Community Forest Bill also depends upon their capacity to command the attention of D
policy ma.ken..As with village communities, the many small, diven.e organizations will gain much more
power to command attention if they are able, at least on certain specific policy issues, to present one large, D
united front with similar interests and opinions. Networking and conflict resolution among NGOs themselves
will thus be instrumental in increasing their influence in policy decisions.
Government-based linkage,. Theeffectiveness of the government in addressing people's concerns would
0
also be increased if the different administrative l:xxliesbecame more coordinated. As evidenced in the
foregoing cases, problems of discontinuities in resource management and villager dissatisfaction are
D
compounded when local-level administraton. in some agencies do not act in accordance with agreements
made through the national-level government. Although some local autonomy needs to be maintained, local
D
D
52

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D
 and provincial-level administrators in all areas also need to be advised on how to handle major policy

decisions at their level.

Unking Community Organizations With the Government and NGOs
Only when communities and the NGOs supporting them are organized in a multilevel structure as
described above can they begin to engage effectively with the hierarchical stroc~ of the government. At this
point, a need emerges for a government mechanism which can invoke a tripartite forum bringing together
community and public representatives, NGO and academic representatives, and government officials for the
resolution of environmental conflicts. These collaborations, moreover, must occur at all levels, from micro to

macro. Activities that could result from such collaboration include the following:
• At the village level, a tripartite committee could evaluate the community· s land and forest use
patterns and ke y resource problems , the quality of local leadership and the capacity of the conununity
to link with other comm unities and to manage its resoUJCeseffectively.

• At the watershed level, these parties could set up mechanisms by which communities are empowered
to enforce regulations and investigate wrong-doing. In this area particularly, the cooperation of the
government is essential.

• Finally, at the national level, villagers, NGOs, academics, and the government must continue to work
together, as they are doing now, to negotiate policies that will facilitate community-based
management efforts.

_J
New Roles for P~s in Thai Society
To adopt and institute a new approach toward ~source management such as that described above,
each relevant party must consider a new role for itself.
The government ~ role. Rather than be a monopolizer of natural resources, the national government needs to

.J be a facilitator of decentralized, diversified control over resources that ensures that people and forests can live
together. In such a di versified environment, the government's view of the commercial value of the forest can

_j be expanded to encompass also the grassroots, tradition-based values defined by local communities.
The community t role. Communities also must undergo a crucial learning process in which they can begin to

_.J
see how to join their traditional beliefs and practices with government regulations and public expectations. It
will also be in their interests to begin to see themselves as part of a larger network of communities and other
organizations working in tandem to achieve similar goals and resolve sources of conflict.
The NGDs 'role. Under the new approach, the NGOs' role will ideally shift towards advocacy, coordination
of various other parties, and conflict mediation.

_j

53
 Conclusions
The cases described in this paper have shown that by establishing new alliances with each other and
i
with sympathetic entities such as NGOs and the press, TI'l8ifanners can learn the necessacy tools and gain a
strong enough voice to begin to upset the lopsided power structure that has traditionally favored the state as ,
i
decision maker. Villagers' success or failure in altering this power structure has important consequences,
because the fate of the forest ultimately hangs in the balance of power achieved among the villagers'
themselves, the government, and various outside stakeholders.

Rtferences
Anonymous. 1995. Bangkok Post. (May 5). I
Anonymous. 1995. "Hilltribe people to protest relocation". Bangkok Post (April 22).

Anonymous. 1994. Bang/wk Post. (January 27).

i
Bhrulcsasri, W. 1989. Government policy: Highland ethnic minorities in Hill Tribe Today, ed. J. McKinnon
and B. Vienne,5-31. Bangkok: White Lotus-Orstrom.
L
Ganjanapan, Anan (1992). "Community Forestry in Northern Thailand: Leaming from local practices." In
Proceedings from the Workshop on Susta inable and Effective Management Systems for Community
D
Forestry, January, 1992, ed. H. Wood and W.H.H. Mellink, 83-88. Bangkok :Regional CommunicyForestry
Training Center. L
Inchukul, Kanitha. 1994. "Forestry Department plans to relocate tribesmen".Bang/wk Post (July 18).

Ives, Jack D. 1980. "Northern Thailand: the problem." In Conservation and Development inNortltern
l
Thailand: Proceedings Qfa Programmatic Workshop orrAgro4ortstry and High/a nd.-Lowland Interactive
Sy.stems(Chiang Mai, Thailand, November 1978) 1 ed. Tokyo J. D. Ives, S. Sabhasri, and P. Vomurai, 9-12.
Chiang Mai : The United Nations University. D
Luangaramsri, Pinkaew and Noel, Rajesh. 1996. "Fenced out and evicted" in The Wattrshed (February).
Bangkok: TERRA. l
Royal Forestry Department. 1995. Forestry Statistics of Thailand. Bangkok.

Sulcwong, Somsak. n.d. Joint Forest Management. Bangkok: Regional Community Forestry Training Center.
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 DEFINING THE FORESTS: RESOLVING CONFLICTS OVER COMMUNITY
FORESTRY LEGISLATION IN THAll.AND
1
Suchat Kalyawongsa

Abstract
s
A.ra major stakeholder in matters related to Thailand forest llsources, the Royal Forest Department strives to manage
and conserw the country '.r11aturolresowrces for the benefit of the 11ation..Attemp/1 have bun made to draft a law which
'l',;Jlallow communities to manage Thailand's forests, but conflict has arisen o'tltr haw to draft regulations coruroling the
we and occupation of protected fore.rt. Both legal and political aspects mu.rt be con.sidered if conflict over forest land we
in Thailand are to be resolved. Recently, a helpful approach has been to dnelop by a coalitwn of rural people, NGOs,
the RFD, and other stakeholders for promoting sustai11ableforest and 11atural resowrces management for the benefits of
local.11ationaland global communities. By doing so, some conflicts are eliminated and trust begins to grow between key
stakeholders. We cannot ~it for policy and legislotion to help solve problems because of the in.stability of Thai politics.
We have no time to create more conflicts.This paper presents the different stakeholders inYolved in the conflict over
comnwnity forestry legislation, describes the various drafts of the act, and discwse.s both the conflicts resolved and the
conflicts remaining to be settled. ·

Since 1991 the government of Thailand has been embroiled in conflict over attempts to draft and
pass community forestry legislation that would legally recognize the role of local communities in protecting,
managing and utilizing forest resources. Officials from the Royal Forest Department (RFD), various non­
government organizations (NGO), academics from different universities and a diversity of disciplines, and
local people have all been active in attempts to draft a community forestry act. The problem has been
achieving consensus among the different stakeholders. The RFD supported legislation providing land-use
rights for the large number of people living in communities located on state forest lands, but which excluded
people living in protected forest (i.e., national parks, wildlife sanctuaries, and watershed forests). Many NGO
groups opposed the restrictions on protected forests and drafted their own community forestry legislation.
More recently, compromise legislation has been written that attempts to resolve this conflict. Yet this
legislation has encountered opposition from environmentally concerned urban based NGO's. 'Thispaper
presents the different stakeholders involved in the conflict over community forestry legislation, describes the

J
various drafts of the act, and discusses boththe conflicts resolved and the conflicts remaining to be settled.

Stakeholders and their Roles in Community Forestry legislation

7 Tiu!Royal Forest D~partment

...J
As a major stakeholder in matters related to Thailand's forest resources, the RFDstrives to manage
and conserve the country's natural resources for the benefit of the nation. 1Jie mandates of the RFD are:

1
PJ-ofcssionalForest Officer, Community Forestry Extension Section, Royal Forest Depanment. Bangkok, Thailand.
J
55
 • to manage the forest resources of the nation on a sustainable basis,
• to preserve and conserve forest resources for the benefit of the Thai people. and r
• to conduct research on forest management and related fields in order to develop forest management
in the country.

, Within the RFD itself there are conflicts over concepts of forest managemenl The RFD is a large
r
organization consisting of 8,605 officials and 8,641 permanent employees assigned to carry out tasks
according to their expertise and the organization's functions and mandates. The responsibilities of the
r
department are very broad, and include conservation, protection, reforestation, and the use of forest resources.
The ultimate goal of the department is to oversee the forest areas that cover 40% of the total land area of the

country.
[
The group within RFD that most advocates the concept of partnerships with local people or
establishing comanagement of forest resources is the Community Forestry Division. Th.is Division has been
working with rural people and forest dwellers for more than 20 years on problems of deforestation and
l.
poverty. The Community Forestry Division has been developing concepts of working with forest settlers from
the time of the first Forest Village Program when the team was a part of the National Forest Land
[
Management Division. It continued this concern through the reorganization of the RFD in the 1990s when it
gained its present title. Concepts within the division on how to work with local people managing natural D
resoun:es have been broadened through their close contact with academics, independent researchers, and

NGOs.
[
Different viewpoints are held by other divisions of the RFD involved in managing protected forest
areas. These divisions work in national park management and wildlife conservation. Most members of these D
groups oppose the concept of community-based forest management and believe that somehow, people in the
protected forest areas, especially in national parlcs and wildlife sanctuaries, can and should be resettled D
outside the protected forest areas. These people believe that forest settleni have caused deforestation,
especially, through the expansion of fanning land into forested areas. D
Watershed personnel hold viewpoints somewhere between those of the two groups described above.
Dealing with rural people in watershed areas for many years has influenced watershed personnel gradually to
change their opinions of rural people. Whereas they previously viewed them as forest encroachers, they now
D
see them as potential partners in forest managemenl The Thailand Upland Social Forestry Project and the
Sam Mun Highland Development Project are two examples of how watershed officials have learned new
L
approaches to dealing with local communities through successful projects. Th.is has occurred through their
experiences working with rural people, academics, rescaIChers, and community forestry personnel in natural
D
D
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7
resources management However, the concept of working with local communities in watershed and natural

resources management is still not totally accepted by watershed officials.

7
Non-Government Organizations
NGO groups have also attempted to alleviate the problems of forest land use conflicts. They have

been active in conducting rural development and social science projects for tackling these problf:ms. These
projects have been based on the assumption that rural people have their own culture, values, and knowledge

of sustainable forest management. Researchers often argue that many rural people have been living in the
forest areas prior to the designation of these lands as state-cl.aimed forests. The Karen tribe, for example, has
received much publicity for their ability to sustainably manage forest resources in their subsistence life style.

Researchers emphasize how national economic development has changed the life style of rural
communities through the introduction of commodity agriculture. The introduction of logging, by the RFD, has

also brought changes to the lives of rural people. Many rural communities have been isolated from the
decisions made on forest management, as well as the benefits from the logging of rich natural forests. These
7
benefits have gone to wealthy people who are strangers to them. Local participation has been limited to
worlcing as laborers in logging activities and to salvaging what is·left over in the forest areas after the logging
operations end. This land use system has caused the accumulation of even more pressure on the local people.
The role of many NGOs in community forestry has been to strengthen locaJ organizations, as well as
l

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to increase the confidence of the local people in their own abilities to solve therr
problems. NGOs have been

active in encouraging rural people to protect, rehabilitate, and manage their forests. Their goal has been to
create and help rural people gain the right to utilize and manage forest resou.rt:eS.1be principal roles of

NGOs have included:

• advocating the rights of the poor and the under represented,
• mobilizing community panicipation;
• conducting participatory and action-oriented research and extension,
7
• providing access to resources, and
• providing linkages and communication among NGOs and between NGOs and the
government.
7
As with the RFD there are also conflicting opinions among NGOs. Some urban-based environmental
NGOs have opposed the concept that natural resources can be sustained if local people are entrusted with the

task. These groups feel that human activities have severely damaged wildlife habitat, watershed areas,
biodiversity, and forest resources. Some environmental NGOs go even farther and say that the fanning

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activities of highlanders have had negative impacts on lowlanders, especially, those who are living in the

watershed areas. Resettlement of forest dwellers out of protected forest areas is their goal .

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Academks and Independent Researchers
Academics and independent researchers have conducted research that has often proven useful
r
information to government agencies and interested groups. Most academics and independent researchers have
had experience working with rural people, NGOs, and government agencies, especially RFD, in this regard. r
Researchers include people from various fields (i.e., social sciences, rural development, forestry, natural
resource management, and economics). Much community-based forest management researcli has assisted
[
planneni to create alternative income generation programs as well as to strengthen community organization
for managing natural resources successfully. This is not an easy task since the situation is very diven;e in r
tenns of biophysical characteristics. knowledge, beliefs, and values. Some communities have long since
changed their life styles and no longer relate to forests in the way their ancestors did. Young people in some
[
communities may have never seen natural forests in their life. Among the academics and researchers, different
perspectives on the issues of community-based forest management also exisL Therdore, conflicts also occur
among members of this group. Many of these conflicts are embedded in the various drafts of the community
r
forestry legislation. D
Rural People
While this group, often blamed as the main cause of defom;tation, is in the center of this conflict,
D
they are the group least involved in policy making. Lacking resources and opportunities, the rural people have
a difficult time surviving. [n the past, these people were usually neglected by the government when plans were '[
made for development programs and this produced ineffective or less than desired results. Recently, however,
the government has acknowledged that some·communities have shown that community-based forest
management can be sustainable. An RFD survey in 1993 revealed that more than 12,000 communities are
D
managing and protecting community forest land. These locally managed areas range from 1 to 4,000 hectares.
Research has shown these areas are managed for a variety of religious, ecological. and practical reasons
D
(Chantanaparp et al., 1993).
Some research has been conducted by the RFD, NGOs, and academics on methods for supporting
[
and improving the natural resource management systems of local communities. The Dong Yai community
forest in Am Nat Chareon Province (formerly in Ubon Ratchathani Province) is a case in point. Unanswered
D
questions regarding community based management include: how can rural people prove to the government
and to the general public that they can manage natural resources sustainably and conserve and protect natural
[
forests? And, how can they serve their own needs and meet national needs as well? Many local communities
have requested opportunities to prove that they can manage their own natural resowces. They are waiting for
['
the government and responsible agencies to provide them with this chance. Several times, rural people have

58
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participated in demonstrations and rallies against government programs and requested the right to manage

their natural resources. These are usually done with the support of NGOs.
1
On the other hand, there are also many communities that have shown poor management of natural

forests. Titls is partly because they have been influenced by export oriented agriculture for more than three
--, decades. It is not an easy task to bring them back on track. Some hill tribes rely heavily on commercially
oriented agriculture. Their technology has caused much deforestation as they have expanded their farmlands.

This is more serious problem than most of the other cases because these hill tribes usually tive in protected
watershed areas and have caused severe problems for lowland people. Soil erosion, water shortage, water

contamination, and pollution have occurred because of harsh cultivation techniques and chemicals used in
farming. An example is the Hmong tribe whose people often settle in the high elevations zoned as Class 1

watershed areas.
Some complaints and petitions have been submitted to government agencies and the Parliament

about problems created by hill tribes in and around national parlcsand watershed areas. These complaints

.J suggest that conflicts are prevalent between highland and lowland users of natural resources. The Chiang Mai

Watershed Conservation Group and Thammanart Foundation were opposed to hill tribe villages living in the
watershed forests of Chom Thong and Mae Chacm districts. 1bey accused them of using pesticides in their

vegetable cultivation and contaminating downstream water (Bangkok Post, 18 March 1997).

Related Government Agenck,

Forest resource management is a broad issue and is essential for the entire Thai nation. Many

government agencies are involved in this issue. 1bese agencies include the Ministry of Interior Affairs
(Department of Public Administration, Department of Land, and Department of Rural Development); the
,
Ministry of Science and Technology (Board of Environmental Policy and Planning, Department of
Environmental Quality Extension); the Ministry of Defense;the Office of the Prime Minister (Board of
National Security, Tourist Authority of Thailand); and the Ministry of Industry (Department of Mining).
Withinthe Ministry of Agriculture and Cooperatives, the departments dealing with forest and water issues are
--,
the Department of Land Development, the Department of Agricultural Economics, and ALRO. These
.J
government agencies are indirectly involved in forest-use management regarding nation.al security mandates

and other issues.

Overlapping agendas have created conflicts among many of these agencies such as conflicts over
, areas of jurisdiction. Several times an agency has tried to gain revenue by developing a wildlife sanctuary or
..J
natural world heritage park for tourists and the RFD 1w had to object. In another case, the Transportation
Department and the army wanted to build highways through a national park for national security purposes. In

59

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another case, the Department of Irrigation wanted to construct a big dam in a rich natural forest. These cases
aic just a few examples of how other agencies become involved in forest issues. Figure 1 shows relationship
~
of interests among key stakeholde~.
r~
n
I.
D
Rural Communities
I.
D
D

D
NGOs -□

MuW-parues Interest D
Tri-parties Interest
D
~ Di-parties interest
D Single-party Interest 0
Figure I Relationship of interests among key stakeholde~
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 CommunityForestry Legislation

In accordance with the government's policy of promoting locaJ community participation in forest

management and use on April 8, 1991, the Thai government appointed a committee to draft a Community
Forestry Act. The RFD, as the responsible agency, was fully involved in drafting this legislation.
7 The RFD :SDraft of the Community Forestry At't
.J
An ad hoc committee and the RFD developed and drafted the first Community Forestry Act. The
7 rationale for this action was that the government wanted to support. local people dependent on forest
resources to participate in conserving and developing forest ecosystems and to attain sustainable management
and utilization of forest resources. In doing so the RFD openly acknowledged cultures, beliefs, norms, and

diversity of local forest management practices. The act was designed to create a sense of ownership among
forest users, and to promote collaboration for conservation, rehabilitation, protection and use of forest
resources, ecosystem, and environment. This act was not intended to promote individuals or groups of

, individuals to deforest or endanger natural forest resources. The ultimate goal was to improve the standard of

living of rural communities through co-management of forest resources.

The act defined a community forest as forest areas designated from areas included in the Forest Act
7

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of 1941 and the National Forest Reserve Act. It excluded forest areas under the National Part: Act, and the

Wildlife Conservation Act. Also excluded were protected forest areas under cabinet decrees, and those
reserved for state uses. The areas designated to be community forests were those areas still under the Forest
Act and the NationaJ Forest Reserve Act unless they have different regulations. The community forests were

to be divided into two types depending on how they were used-conservation and woodlot
Application procedures involved the fonnation of village committees, subdistrict committees, or a
7
group of at least 35 villagers. lhese groups could apply to manage a community forest by submitting a
management plan and attaching a sketch map of the proposed community forest area to an RFD official. The
official would then evaJuate the forest situation and report to the Director General (DG) of the RFD. The DG

would consider the management plan. If he agreed with the application, he would designate the area to
become a community forest under the management of the proposers of the plan. The DG could also reject the
plan and return the application with the reason for denying it. A petition could be submitted to the Minister of
7 Agriculture and Cooperatives (MOAC) to reconsider the case. The Minister's decision was to be final.
The DG of the RFD was to have authority to withdraw permits from community forest areas if

officials provided evidence that the organizing committee was neglecting to manage the community forest

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properly. Negligence could pertain to violations of the Community Forestry Act, poor management, and
failure to manage and/or rehabilitate community forest. The DG had authority to appoint the community
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forest personnel and to issue rules and regulations For management of the community forest within the

Community Forestry Act.

A village committee, subdistrict committee, or community forest group committee must manage and
organize activities related to their community forest They were to be responsible for:
D
• collaborating with government officials on demarcating the community forest area;
• protecting, maintaining, rehabilitating, and taking good care of community forest to insure its
sustainable use by members;
D
• protecting and preventing of forest fires ;
• pennitting membersto gather fn:ewo ~od;
cutting dead trees or salvage cutting when needed and permitti'ngmembers to use them for household
[1
•
or publi c needs;
• setting communal regu1ations or rules regarding utilization and management of community fores~ in
accordance with the Community Forestry Act, related acts and regulations; and
C
• assisting officials to protect and prevent the infraction of regulations and rules concerning the
Community Forestry Act.
D
A community forest official is an RFD official appointed by the 00 of the RFD. This official's
responsibilities and authority included: D
• supervising and supporting the Community Forest Committee (CFC) and insuring that its members

•
respect the Community Forestry Act and related acts;
inspecting the CFC forest management and utilization activities;
ordering anyone who breaks related lawsand regulations to get out of community forestarea and
0
•
stopping any actions ag!linst therelated laws and regulations;

•
doing whatever ne£essiU:y to protect and alleviate damage to community forests; and
teporting to the RFD when a CFC mismanages community ·forests or fails to manage community
0
forest and causes severe d;unage to community foresL

Community forest members were to be allowed to gather fueled, non-wood forest products, catch
non-endangered wild animals, raise cattle, and plant trees or crops within community forest. In designated
community forest areas, they could cut trees for household and public uses according to regulations and rules
D
set by CFC and RFD. It was prohibited for any individual or group to occupy, settle, live in, bum, clear,
gather non-wood forest products, or do anything causing change or damage to a community forest.
D
Commercial logging by individuals or groups was also prohibited.
Anyone who violated the Community Forestry Act and related regulations and rules was to be subj~t
L
to fines of up to 300,000 baht (USD $12,000), up to five years imprisonment. or both fine and imprisonment

depending the case and type of community forest.

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7

The NGOs 'Draft of the CommuniJyForestry Act

Because they disagreed with the RFD draft of the Community Forestry Act, a number of NGO
-,
groups developed their own draft Community Forestry Act. Between 1991 and 1993, personnel from several

NGOs, academics, resea,chers, RFD personnel, and rural leaders developed a draft community bill (NGOs'

version). This has been published and distributed to the public. The basic points of the draft Community

Forestry Act that NGOs proposed and published is as follows:

7 The rationale for th.is act was to legalize the rights of local community to manage and use community
forests. The act sought to raise local people's sense of ownership of forest resoun:es and hence to encourage
them to conserve the natural ecosystem as well as to upgrade their living standard. The NGO act defined a

community forest as an area designated by the government to be community forest. The area may be: public
land, wasteland under the civil code, forest area under the Forest Act of 1941, nature reserves under the

National Forest Reserve Act of 1964, protected forest under the National Park Act of 1961 or the Wildlife
Conservation Act of 1960 (amended 1992), protected areas under cabinet decree (watershed, mangrove
forests, etc.), and reserved areas for government uses.
Community Forest Committees (CFC) were defined to be groups elected by community members.

The CFC would consist of five elected members-a government official, a village headman and/or deputy
village headmen from each village in case more than one village were involved in community forest
management, and two subject matter specialists. The committee lists would be submitted to the Minister of

Agriculture and Cooperatives (MOAC) for approval to become an active committee. The length of a
committee's term was four years. The Minister of MOAC could dissolve the committee if it broke its

agreement or was negligent of forestry regulations. He could also terminate members of a committee when
they had served two consecutive terms. Before dissolving a committee for violating regulations, the Minister
of MOAC could appoint another committee to investigate the evidence. The investigation committee

consisted of a representative from each st.alceholder-an NGO member, an RFD official, and a subject matter

specialist.
A proposal to designate and operate an area as a community forest should have the following
__J
objectives: pro~ the ecosystem and biodiversity, protect watershed areas, maintain sustainable forest
yields, utilize and develop the environment to provide needed resources to the community which relies on

forest resources, preserve communities' rights, beliefs, values, cultures and life styles relating to sustainably,

conserve and utilize fOTI:Stresources, and preserve and protect wild animals .
...J
The NGO draft required the community representatives/village committee/subdistrict committees to
submit an application to manage community forest to a forestry official. The official would then set up a joint

63

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committee consisting of representatives. Three or more members must come from community and three from
the forestry department. They were to prepare a map of the proposed community forest area. This was to
include project objectives, size of the community forest, organization, details of cultures, nonns, and life
styles relating to conservation and development of natural resources and submitted to the MOAC minister for
r
approval. When a determination was made, it was to be announced in the Royal Gazette.
When more than one proposal was made in the same area, the official had to mediate between the
applicants before the application went to the Ministry. If they could not meet agreement, the proposed
community forest should be joindy managed by all applicant communities.
[
A designation of land as community forest would automatically invalidate prior regulations over the
area. The only act that would remain valid in the designated community forest would be the Wildlife D
Conservation Act pertaining to wildlife sanctuaries and non-hunting areas. All direct and indirect benefits
gained from community forests would go to the managing communities. Within a community forest, it would n
be prohibited for anyone to settle, occupy the land, or do anything harmful to the ecosystem and biodiversity
of the area. 'TheCFC could set up rules and regulations to manage the community forest according to the
I.
Community Forestry Act and related regulations and rules. The use of community forests would be organized
by the committees to allow for the following: D
• collecting wood for household uses;
• -gathering non-wood forest products, raising cattle, planting crops or trees, and catching animals;
• collecting specimens , conducting research or study of natural resources and biodiversity under r
pennission of the Community Forest Committee : and
• carrying out approved actions under the authority of government official and the CFC.
D
No activities conducted in the community forest should be harmful or damage the natural e.cosystem
and biodive.n.ity. Cutting trees for household use required permission from the CFC. Anyone who cuts trees [
must also plant trees to compensate for the trees harvested. The CFC would classify community forest types
according to biophysical characteristics of the area. These may include categories for conservation and
utilization such as watershed areas, community woodlots, temple forests, sacred forests, grazing ground, and
others. Commercial logging is totally prohibited in a community forest
To conduct research/study or collect specimens within the community forest, an individllal,
[l
government employee, or international organization must first obtain permission from the CFC. The
community shall have a share of any benefit emerging from such activities.
L
Any one who violated the Community Forestry Act was to be subject to fines of up to 500,000 baht
(USD $20,000) or sentenced to imprisonment for up to 20 years. Both fine and imprisonment may apply,
D
depending upon the individual case.
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 Resolving DifferencesBetween the RFD and the NGO Drafl.9of the CommunityForestryAct
Both drafts of the Community Forestry Act contain simi1arrationales for issuing the act. However,
some points of conflict remain. These are highlighted in the following two sections. Table 1 shows common
and differing points of the three drafts of the Community Forestry Act.
Definition of Forestt to be Cover-rdby the Act
Under the RFD draft, this act would only apply to national forest reserve areas. This excludes
protected forest areas of national parks, wildlife sanctuaries, and watershed forests. The NGOs' draft
stipulates that any kinds of forest areas and public lands·including protected forests should be available for
community forestry. The main conflict between the two major stakeholders was over the definition of which
lands were to be available for utilization and management as community forests.
Utilization and management of community forests are actually similar under both drafts, however,
the ability to grant authority to study or do research in a community forest differs. The RFD draft stipulates
that the RFD has the authority to grant resean;h and/or study pennits within a community forest while the

7
NGO draft gives this authority to the Community Forestry Committee. There is also a difference in the two
drafu regarding the legal status of the designated community forest after its registration. The NGO draft
proposes that once an area has been designated as community forest. previous laws and status would

...J
automatically be invalidated. This would cover all are.asexcept areas protected by the Wildlife Conservation
Act's-wildlife sanctuaries and non-hunting areas. On the other hand. the RFD draft proposed to maintain the
status of current legislation over all areas.
AutlsoriJyto Determin, Community Forestry Area..r
In the NGO draft, the Minister of Agriculture and Cooperatives would have the authority to
detennine community forest areas and to appoint the Community Forest Committee members who would be
·responsible for the community forest. In the RFD draft. however, the authority is grantedto the Di.rector
GcDcralof the RFD to designate, appoint. and withdraw a community forest and its committee. It should be
noted that under the NGO draft, a community forest status could not be withdrawn. The Minister of MOAC
could only dismiss the CFC and appoint a new committee to replBceit.

....

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Table 1 Co.rnmoneJe.menl.sand diffc,renccso ihcthree-dtaftCommunityForest!}'Acls
Issues 11:FDdnt),,1992 NGO draft.1991 ComproPliscddraf), 19

Common interests- En1rnst some forest lands 10 managemCJtlby local 0Qmmupity

An:as oovert:dby lheact
Fo~sl lands uoder the 1941 Forest Actand All lands undc::r1941Forest Act. 1964 Same as NGO drafl, but
nalional.reS1Crvc
forest lll'Cll5 NalicmalFo~ ReserveAct.1961National c1rnludcswatershed fon:s
Pan:act, 1960Wildlife CooaervalionAct. areas.
GovernmentDecme, public IIIIWunder civil
codeandmo~

Re~~ other lcji~latiQn1;111er

ttie~ .None Revokeprior acts over Ilic:~ None {_$alt!Cas ~ dra1
Managing·authority CommunityFon:n Cominiu~s .(CFC) are gr.anted·authorityin ill three draft".
Authoritytp designatoa CF DO' of lbe RFD M_inisterof MOAC DGof<theRPD

Applicationiroccsii Villagecommittees, sub-dislrlcttommitiees or Viii• convnittt.ea, sub-districtcommiuees or Village commit&ees or sul

a F'UP of at )ease )S- villageAcansubmit community ~p~senialives can submit di strict commi11.ees
can
l!JJPlicaiiO!IS applications ·submit ~pplk:atiomr
Monitoringand EvalualionMechanisms Singlepany Two parties Multi-partiesconsistingc
(RID) 3 officialsand 3 villagereprcscniatives GO, NGO, and subject
·matter spcc'ialisl5

UtilizaaiQP - Gatherfirewoodand non-woodforest ~ -do-

products, ca!Ch/huntnon-endangeredwild
111imals,raise callle, pl111t~s or crops
- CUt~s for householdand public uses
- No oommen:ialcutting -do- ~
• No aeulenu:nt.clearing,burning or
occupyingfureiitaieas -do- -do-
- Research/swdy OK under official's Research/studycan be dooc under CFC Same 11.!iRFD draft
aulhoritation or pcrtOOII appointedby DO aulhorizalion,bcnefill should also go to
community
Withmwal of Communityforestry DO of RFD has authorily 10 do 10, but Maynot withdraw pennit, CFC'maybe Same as RFD draft
permi.t m~ rea,pply
communil)I dismissedand rcplaa:d wilb new commiilee
Penalty Up 10 300,000 baht (USO $12,000) fine orup Up lo 500,000 baht (USD $20,000) fine Up to 300,000 baht (USI
IO 5 years impriwnmc:ntor bothfine aod or up to 20 ycan imprisonmentor both fine: Sl2,000) fine or up to I~
imprisonment and imprisonment yeBfSilT!prisonmi:ntor fx
fine and imprisonment
Source:Author

c= r- CJ c=J - c:::J - ~ CJ 1...----, c:J :--7 ----i

"'1

Attempts to Resolre Disputes between the Drafts

The differences in the RFD and NGO drafts of the Community Forestry Act have caused conflicts
between the two major stakeholders. Early in 1996 a ministerial order was issued by the MOAC to initiate
conflict mediation among the various stakeholders. Subsequently, the RFD conducted four public hearing
meetings in each region-northern, northeastern, central, and southern regions. The fifth meeting took place in
Bangkok at the national level. All stakeholder.; were invited to participate in the meetings. Stakeholder.;
included RFD personnel, NGOs (environmental, natural resource conservation, wildlife conservation, etc.),
academics from various universities, resean;hers, politicians, local leaders, lawyers, and related government
agencies. Broad ideas and visions were brought to the meeting by participants. The issue causing the most
conflict at the meetings was the definition of which forests could potentially become community forest under
the Community Forestry Act. Some invited NGOs did not attend the five meetings held to discuss the issues.
Their intent was to protest against the RFD draft.

, In response to the emerging conflict the government appointed a National Resources and
J Environment Subcommittee, under the National Economics and Social Development Board (NESDB), to
conduct a meeting to draft a new community forestry act. Again, all stakeholders were invited to join and to
participate in the drafting of another community forestry act. Participants included representatives from
NESDB, MOAC, Ministry of Justice, academics and researcher.; from various institutes and fields of
interests, NGOs, leading fanner.;, the Deputy Director General of the RFD, and the Director of the
Community Forestry Division of the RFD .
.,
Subcommittee members acted as mediators to facilitate the drafting of the new act During the
.J
meeting, many issues were raised. lbe most important one wasthe definition of which areas could become
community forests areas under this act. Some of environmental NGOs proposed different approaches to the
issue. Some of them did not agree to add protected forest areas, while others agreed. The WWF Thailand
agreed on this issue because of their experiences working with rural communities in natural resource
management. Thammanart and Sueb Nakasatian Foundations, at first, opposed the idea of adding protected
areas within this act. Finally, they agreed to add the protected areas to potential community forest sites. After
J
much deliberation, the representatives at the meeting came to the conclusion that they would include protected
forest areas under this act. However, they stipulated that there should be some mechanism to monitor and
evaluate the proposal or application as well as the effectiveness of the community forest administration. This
, would ensure that having community forestry activities in the area would not hann natural forest resources.
..I
Without the participation and collaboration of the stakeholders, the objectives and goals of conservation
would never be achieved. The meeting was very fruitful since many participants were working together during

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the meeting and established a new rapport with each other. Most of them found that they agreed on the
concept of community forestry. Therefore, a.consensus was made and the result was the draft of a
compromised version of the Community Forestry Act, called the Community Forestry Act of 1996.

The Compromise Draft Community Forestry Act, 1996

Titis draft was adopted because of the Government's policy to back local communities relying on
forest resources. Its goal is to enable people to participate and cooperate with government in conservation,
and the development of environmental stability. The govemment accepts the rights of local communities to

r
utilize and sustainably conserve forest resources. Titis act will legally acknowledge the culture and indigenous
knowledge of forest resource management It will increase the sense of ownership of rural people living on
forest land and allow them freedom to use their own methods of resource management. Also, it will promote
participation in protection of the ecosystem and support sustainable management and use of forest resources. L
The ultimate consequence of the act will be to uplift the living standard of local people.
Community Forestry Act, 1996 definitions [
• Community: people settled in villages or subdistricts;
• Community forest: an area designated as community forest as defined under this act;
• Community representative: a group of people who manage and get benefits from a community
forest and who ate accepted by members of the community ashaving a right to do so;
D
• Community forest organizing committee: a committee at the community level elected by the
community and appointed by the Director General of RFD to administer and manage a specific
community forest;
r:
• Community forest persoMel: anypersdn proposed by the Community Forest Committee and
appointed by the Director General of RFD ;
• Provincial Community Forest Committee (PCFC): a committee at the provincial level consisting
D
of the governor or assigned vice governor as chairperson, provincial forest officer, head of the
subdistrict (local government), representatives from two other provincial government agencies,
four to six subject matter specialists appointed by the governor, and a responsible forest officer.
D
Areas covered by the Community Forestry Act. Forest areas may be designated as community forests under
this act. These areas could be apart from or within: forest areas defined under the Forest Act and the National
D
Forest Reserve Act as well as protected forest areas defined under the National Padc Act, the Wildlife
Conservation Act, cabinet decrees on protected forest areas, and public lands under civil code.
D
Although an area may be designated as a community forest, it is still reinforced by the act under
[
which it was protected prior to being designated a community forest. Hence, forest communities in national
parks or wildlife sanctuaries must have formed a sedentary community prior to 1993. Titis requirement is to
be verified by examining aerial photographs taken in 1993.
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Application procedures and objecti-.,es of proposed community forest management. To apply for
community forest status, the community must submit a proposal to the Provincial Community Forest

Committee (PCFC) for consideration and comments. Then, they pass the proposal to the Director General of

the RFD to authorize and designate the proposed area as a community forest. When authorization has been
made, the community will be allowed to manage their community forest as planned. The PCFC will check to

make sure that the proposed community objectives include:

• to conserve and develop the environment and to protect biodiversity,

• to manage forest resources sustainably and to maintain the forest ecosystem;
• to accept and promote the ·diversity of cultures, uonns, and values of the local community in the
utilization and management of forest resources;
- to develop collaboration between the local community and government officials in managing
forest resources.

Utilhation of community forest. After the authorization has been made, the community forest organizing
committee will have the right to manage and use the community forest as proposed. They can develop and

issue their own regulations and management plans to meet the goals and objectives of the group under the

support and supervision of the forest official.

The members of the community forest may gather firewood and non-wood forest products, raise
cattle and hunt non-protected and non-endangered wild animals. They can also plant some trees or cash crops
under existing forest tree species, and conduct other activities as long as they comply with the regulations and
rules announced by the CFC and the RFD. The member.. of a community forest group will also be allowed to

cut trees for household construction or public uses. 'Thesetrees will be exempted from the royalties due under

the Forest Act and the National Forest Reserve Act

The CFC will take responsibility and have authority to:
# control and monitor all activities in a community forest regarding proposed objectives and plans
of the community forest;
• control, protec~. and rehabilitate natural forests to maintain ecological balance and biodiversity;
• sustainably manage forest resources;
• ~ppoint community forest membersto serveas community fore-stpersonne1:
• issue communal regulations or rules on managementand administration of community fore~ts
according to proposed objectives;
• ban anyone who breaks the regulations or harms forest resource from the CF group;
• mediate conflicts between members on utilization of community forest;
• periodically report results of community forest management to the PCFC; and
• do whatevern~ssarily to prevent or alleviate dangers/destruction of community fores t

It is noted that the RFD gives the Director General authority to withdraw a community forest

designation when it is confinncd that:

69
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• severe damage, mismanagement, and negligence of management and rehabilitation of a
community forest are occuning;
• the village/subdistrict CFC does not respect regulations of the RFD or deviates from the
r
management plans.

However, a community which has lost its community forest designation may again seek to become a
r
community forest by following the procedures previously described.
Anyone who breaks the Community Forestry Act is subject to fines of up to 300,000 baht (USO
f
$12,000) or to being sentenced to imprisonment for up to 15 years depending on the case.

Curnnt statw of community forest legislation. The C?mpromised draft w~ approved in principle by the
cabinet on April 30, 1996. A minister of the Office of the Prime Minister w~ assigned to manage the
amendment. A cabinet resolution was passed on July 2, 1996 to conduct a public hearing on the draft.
r
Unfortunately, due to instability in the Banham administration, the former Prime Minister dissolved the
Parliament and ended the cabinet administration. This affected the progress of the draft Community Forestry r
Act.
In early 1997, a demonstration was led by the Forum of the Poor to make requests to the new
government to solve the problems of rural poor. One request was for the current government to conduct a
public hearing on the draft Community Forestry Act. Thecabinet agreed and on February 28, 1997, the Prime D
Minister appointed a committee to conduct a public hearing reganiing the draft of the Community Forestry

Act. The public hearing was to be convened within 90 days from the time the Prime Minister made the L
decision. The issues brought to the meeting were:
• definition of the are.asto be included under the Community Forestry Act; [
• activities and resettlement of community forest managers; and
• mechanisms for monitoring the management and utilization of a community forest to insure
compliance with objectives of the management plans. [
Discmon [
Much of the conflict over the draft of a community forestry act has been resolved and a consensus
among the key stakeholden; has been reached. Many factors are responsible for this. Without these factors, l
the compromised draft Community Forestry Act would not be possible. Obviously, all key stakeholders had

one common interest--b.anding over the right to manage natural forests to local cornnwnities. The [
stakeholders all agreed that local people have the potential to live hannoniously with forest resources under

sustainable management or in other words, it was ~sumed that community:based forest management could
work. Experiences of dealing with rural communities and some research results supported this ~sumption.
l~
70
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 But some infonnation led to questioning as to whether all communities would be able to do this. Some rural

communities have displayed poor management of forest resources and others have actually have destroyed

their forests.
The most contentious issue for the key stakeholders was defining which forests could become
7
community forests. The stakeholders' meeting provided an opportunity for open communication among the
various players. This led to a consensus that community forests could include protected forest areas. This
7 consensus was achieved by switching the focus of the group from the problem of defining forests to
mechanisms for monitoring and screening applications made by local communities. To meet this need a
provincial level committee was added to the act to provide a scrutinizing and monitoring mechanism on
community forest applications and management The Provincial Community Forest Committee (PCFC)
consists of key stakeholders and some mediators as mentioned earlier. This mechanism helped balance the

bargaining power between two major stakeholders-the RFD and the NGOs.
The pivotal meeting for achieving consensus was held in a hotel in Chiang Mai, a neutral zone for all
of the key stakeholders. Moreover, it was conducted by a neutral agency as mediating agent. This helped to

7 develop rapport among the participants. All participants had to stay and work together for a period of time.
This opened more opportunities for having conversation and open the minds of participants to the concerns of

7
others. The academic and research participants played a key role by providing infonnation and alternatives to
the meeting and by helping the participants to reach a consensus.
The Government's stated intention to issue a community forestry act, to solve conflicts over forest
land use, was a major driving force behind the meeting. 'Ibis intention had been stated by the Chuan,
Banham, and General Chavalit administrations in 1992, 199S,and 1996 respectively. The consensus reached
on the draft of the Community Forestry Act was a big step forward in solving conflicts over forest land use.
This was the first time all the stakeholders participated in drafting legislation on natural resource
7
management in Thailand (Kettuthat, 1996). But many tasks remained to be done and many conflicts to be

resolved before this community forest draft gets through legislative process.

Remaining Conflicts
At the national level, the RFD is concerned with the impact of applying the Commwtlty Forestry Act
to the entire country. On one hand, there is evidence of the effectiveness of community forest management by
..J
local people, but on the other hand, there is also evidence showing forested areas have been poorly managed
or destroyed by local people. In Thailand, forested areas (tree cover) account for 26% of the national land
base (40% of the land, however, is managed by the RFD}. These tree covered forested areas are located
mostly in protected areas-national parlcs, wildlife sanctuaries, watersheds, and mangrove forests. If anything

71

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harms these existing protected forests, an enormous negative impact will be felt on the entire nation. RFD
officials worry that rescarclien.' evidence of the positive impacts provided by local communities may not be
r
substantial enough to protect good forests. Though many academics and researcher.. argue that no severe
impacts will occur if land-use rights are granted to forest communities, the RFD wants to be especially careful
to assess all data before allowing forest communities to live in protected areas. This is the major reason the
RFD and other government agencies must stick to the monitoring and screening portions of the draft act.
Most NGOs generally believe that the local people can live and manage forest land and resources
effectively as they have for hundreds of years in areas which are now declared to be national forests and
protected areas. The NGO community bases this belief on research results and evidence from the fields of
rural development. sociology, and anthropology. Many NGOs argue that: people should have the right to [
manage natural resou.n:es in their local areas without interference from government regulations. lbey believe
that the mismanagement of forest resou.n:es has been due primarily to government organizations like the RFD f
which maintains these management practices in order to make quick profits for themselves. Commercial
logging is a case in point. Demonstrations and rallies have been employed to bargain with the government [
and related agencies on this issue. Activities like these require unification and networking among the local
communities.
The intention of the draft Community Forestry Act is to promote people's participation in forest and
D
natural resou.n:e management. The draft states that settling, clearing, burning, ordamaging forests is [
prohibited and subject to fines, or imprisonment. or both. This provision will cause problems for forest
dwellers, especially those living in protected watershed forests. Recently, there was some negotiation between
the government and the Forum of the Poor on this issue. The result was that the government and the RFD
L
decided not to evict forest communities from these areas. However, government officials declined to accept
·□
all requests of the Forum. The Forum wanted the government and the RFD to redraw the boundaries of
conservation areas in dispute and to lift the legal status of forests so that land documents could be granted
(Bangkok Post, ~h 18, 1997). This is a dilemma for both sides. The government has a responsibility to
D
maintain the ecological security of the entire nation while forest communities need some guarantee that they
will not be forced to relocate.
D
More research is needed to determine whether or not allowing communities to reside in protected
forest areas without any restrictions is wise. The researcl!. should cover impacts of forest dwellers on D
socioeconomic conditions, the environment. biodiversity, wild animals, etc. This reseacch should provide
insightful infonnation and alternatives for making decisions and negotiating the new regulations among the D
key stakeholders. The research should cover both natural and social sciences because NGO personnel usually

72
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rely on social science research and foresters rely on natural science research. The research should be
qualitative and quantitative to be acceptable by both sides. Titis could be done by research conducted in

collaboration with key stakeholders including rural communities, NGOs, RFD, and academics and
researchers. It would more acceptable to all stakeholders if some specific criteria/conditions, based on

research, could be developed to measure a forest community's ability to manage the forest prior to deciding
whether to allow them to live in a protected area or to relocate them. The specific criteria should be very

simple so that every stakeholder could understand and use it as a guideline. 'This could include information or

data regarding elements of culture which have high impacts on the environment and forest resou.n:es. The
--, infonnation/data could include_degree of soil erosion, soil erosion practices, amount of chemicals used,
j
slope, number of threatened species (biodiversity), size of the community, and so on. However, to do this is

both time and resource consuming.

What Can we do Right Now?

It is irrefutable that forest communities exist in protected areas. The government and its agencies

need to do something to help resolve people's concern regarding the ability of the forest communities to
protect and nurture biodiversity and other natural resources. Conducting a massive resettlement program to

take forest communities out of protected areas is impossible since there are no available areas in the country
to resettle these people. The government, working through its agencies, and NGOs must find some alternative
solutions. Some programs may be set-up and implemented as study sites or social laboratories to search for

impacts of forest communities on forest resources, watersheds, biodiven;ity, and wild animals.
A preparatory stage is needed to build a coalition for forest resou.n:e management among
stakeholders. Extension education is ne.eded to enhance or nurture development of good relationships and to
get the stakeholders working together in a climate of collaboration. Developing extension strategies and
methods which promote a learning process among participants will be important. In the mean time, extension

activities will help strengthen community organiz.ation for managing forest resources and for developing
planning skills. No one stakeholder should dominate the learning process. lltls will help open communication

channels among stakeholden; and promote infonnation exchange among them. The RFD should have the
.J
ability to allocate funds in a way that will gain trust among key stakeholders and that will build this coalition

while waiting for the community forest bill to be passed by Parliament.

The RFD is the key government agency responsible for developing forestry extension personnel. 'This

training will prepare foresten; for the coming tasks of supporting and facilitating rural community forest
management Training can help to change the attitude and behavior of the foresters toward communities in
the forest. Foresters also need to learn extension methods, appropriate technologies, strategies, and slcills that
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will equip them with the necessary knowledge and experience for working efficiently and effectively with

others.
r
Conclusion
[
Community forest legislation alone cannot solve all conflicts over forest lands. Both legal and
political aspects must be considered if conflict over forest land use in Thailand are to be resolved. Conflicts r
over land use in protected forests have become a dilemma for the government and related stakeholders.

Recently, a helpful approach has been to develop by a coalition of rural people, NGOs, the RFD, and other
stakeholder.. for promoting sustainable forest and natural resources management for the benefits of local,

national and global communities. By doing so, some conflicts are eliminated and trust begins to grow between
[
key stakeholder... We cannot wait for policy and legislation to help solve problems because of the instability
of Thai politics. We have no time to create more conflicts. We need to make more time to worlc:side by side !
because every second, trees are beingcut, wild animals are being hunted, some species are becoming extinct,

the poor are growing poorer, more people are suffering, and the rich get richer.

Notes D
1. Bangkok Post, 18 March 1997, internet edition.
2. Chuntanaparb, L., 1993, Community Allies: Forest Comanagement in Thailand, Research Networlc: Paper
Number 2, Center for Southeast Asia Studies, University of California, Berkeley, ed. Mad Poffenberger.

3. Draft Community Forestry Act (NGO version), 1993. [

4. Draft Community Forestry Act (RFD vemon), I 993.
5. Draft Community Forestry Act (compromised vemon), 1996, Ad hoc Committee on Community Forestry
Act,NESDB. D
6. Kettuthat, Sippanon. 1996, Rural Development in Information Technology Era, Proceeding of Technical
Conference on Rural Development in Infonnation Technology, Chulalongkom University. D
7. RFD, 1961-95, Forestry Statistics in Thailand.

8. RFD, 1992, Forest Land Classification in Thailand, ISBN 974-7612-82-8.

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1
SOURCES OF CONFLICT AND METHODSOF RESOLVINGTHEM IN SINDHULI, NEPAL

Ramesh K1uulka1
7

Abstract
This paper discusses research conducted by Action Aid-Nepal (AAN) on the causes of conflict and the methods used by
local people for resolving them in two villages in eastern Nepal. The paper is divided into four sections-background;
J causes of conflict as observed through court cases, 11illageinterviews, and with regard to fore.st resources; methods of
resolving conflicts both informal and formal; and conclusion.s. Examples of traditional methods of arbitration are cited
and the roles, responsibilities, and dilemmtJs of formal arbitrators are eiflmined. Causes of conflicts are discussed with
reference to cross-cutting themes such as poverty, party politics, gender, development iniriatives, and access to and
control over natural resources.

Despite the fact that development workers with Action Aid-Nepal and other field based groups report
that they frequently encounter conflicts between villagers in their work, few of these workers have sufficient
l
understanding of the root causes and consequences of conflict to be able to deal with it appropriately.
Consequences of village-based conflict can range from loss of property, physical violence, and death, to
psychological effects and migration. Poor and disadvantaged people are often the victims of conflicts and
because of their lack of legal awareness, as well as the complications and cost involved, they seldom can
brings their conflicts to the court for justice. Hence, it is important to develop a better understanding of the
nature and extent of community conflicts.
In Nepal, informal systems of resolving conflict at the community level exist where locally trusted
people play important roles as arbitrators (I use the term arbitrators rather mediators because these people do
not just mediate as a neutral third party but also decide the terms and conditions of the resolution process).
While these systems are still common, they are undergoing rapid change due to various facton; such as the
introduction of a multiparty political system, the rapidly changing socioeconomic situation, and interventions
from more educated people at the local level. In formal arbitration other actors such as the police and courts
play significant roles in resolving conflicts. However, this process is often lengthy, costly, and unfamiliar to
the average villager, and some villagers have started to question the fairness of fonnal arbitrators. In this
context, cooperation between fonnal and infonnal arbitrators might help to resolve disputes more efficiently
J and fairly. More importantly, informal conflict resolution methods need to be strengthened to make them
7 more accessible and reliable for the people at the village level.
This paper discusses research conducted by AAN in eastern Nepal on the cal1Ses of conflict and the
methods used by local people for resolving them. The paper is divided into foursections-background; causes
J

1
Head of Operations, Action Aid-Nepal, Kathmandu, Nepal

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of conflict as observed through court cases, village interviews, and with regard to forest resoun:es; methods of
f
resolving conflicts both infonnal and formal; and conclusions. Examples of traditional arbitration are cited and

~
the roles, responsibilities, and dilemmas of formal arbitrators are examined. Causes of conflicts are discussed
with reference to cross.cutting themes such as poverty, party politics, gender, development initiatives, and

access to and control over natural resources.

D
Background
AAN field staff have observed that many of the communities in which we work are seriously affected D
by various fonns of conflict. As project officials working with rural communities in remote hilly areas we
have to deal with conflicts on a regular basis. Although we see various fonns of conflict caused by many D
factors in the community, we recognize that we are limited in our understanding of conflicts and the
subsequent adjustments we should make in our work. It was with this acknowledgment that AAN began a n
study of conflicts. We plan to use the findings of this study to design a legal literacy program and also to
incorporate these findings into our awareness raising and other programs. I
The primary objective of the study was to examine the complexity of community conflicts and to

understand the arbitration mechanisms used at village and district levels. Our goals included designing effective 0
methods for resolving conflicts in our field worlc, and exploring possibilities for establishing coalitions at

various levels (i.e., village, district, province) for enhancing advocacy worlc.on the behalf of the poorest and I~
most vulnerable groups of people. Representatives of these groups had previously requested training from AAN

on legal matters because they were involved in conflicts that demanded legal recourse. This study aimed to find [
appropriate topics and issues for such a legal literacy program.

The AAN conflict study was conducted in two Village Development Committees (VDCs), the smallest
unit ~f government in Nepal, Dandi Guranse and Bastipur of Sindhuli District in eastern Nepal (Figure 1). We
D
chose this area because AAN had been active in community development work in these areas since 1993.
Hence, the findings of the srudy would have practical implications for our work. These VDCs also represent the
L
varied agroecological and socioeconomic situations found in the area. The resean:h took approximately 1.5
months to complete.
D
Two multidisciplinary teams (four people per team) were fonned to work in each of the two villages
simultaneously. Each team included 2 development workers, a narural scientist, a sociologist, and a lawyer. In
[
the field, each team was subdivided into two groups (two people/subgroup) and the members of the subgroups

were changed every day to ensure interdisciplinary complementarity. The study was conducted using Rapid
0
Rural Appraisal (RRA) methods including semi-structured interviews (SSI) with individuals and groups,
D
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,
workshops, a review of secondary infonnation, and analyses of cases filed in the district court. Researchers'
field observations were an important part of the study. Interviews were conducted with parties involved in
7
conflicts and also with fonnal and informal arbitrators.
To build rapport with the villagers, lawyers from the research team gave training on legal matters to
local teachers, students and informal arbitrators. They also provided on-the-spot legal advice to community
people whenever they were approached.

Causes of Conflicts
In Dandi Guranse, 12% of the 644 households, and in Bastipur 11% of the 429 households were
involved in some kind of conflict (we derived these figures from the number of conflicts we encountered-this
could underestimate the actual number because we did not interview everyone in the villages). This means that a
lot of wodcing time and resources are being wasted in conflicts. Loss of faith with each other and a lack of
social interaction among neighbors may seriously be undermining the work and well being of the people in
these otherwise close-knit rural societies. This also means that a lot of time was being wasted by the local
arbitrators. In the following sections we examine the causes of conflicts as revealed through court cases,
through interviews in the VDCs, and with relationship to forest resources.
Analysis of Court Cases
_J Researchers examined court cases to identify the nature and extent of conflicts and to determine which
VDCs were more affected by conflicts. We also analyzed the effects of ethnicity and gender in these conflicts.
"'l

_J
The court cases were difficult to analyze for various reasons. Among others these included the fact that the
record keeping system was poor and cases were not properly documented and filed, court officials were
7
reluctant to provide us with their records, and the large crowds in the court rooms made it extremely difficult to
concentrate. Nonetheless, we were able to make some important observations which are described below.
A total of 127 cases were .randomly selected and analyzed from the bundles of files provided to us.
Table 1 shows the results of our analysis for the years 1991 and 1994. These results suggest that assault, theft,
and robbery ( 19%) were the major causes of conflicts brought to the district court for resolution. Murder and
...J
intended murder ( 13%), and land issues and writ petition cancellation ( 12% each) were the next largest
7
categories. Property inheritance ( 11%) and character defamation (10%) were also other major causes of
conflicts.
The large number of assault and related court cases was mirrored by similar findings in our village '
...J
interviews. Thepredominance of assault type cases was also confinned in interviews with the district judge, the
Chief District Officer(CDO) and the District Superintendent of Police as well as by the interviews we

77
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conducted with arbitrators and panies involved in conflicts. The nature and extent of the other types of court
cases, however, did not match with the findings from our village interviews. This was primarily because people
resort to litigation only when conflicts are too serious to be resolved in village. Another reasons for this
discrepancy is the fact that many court cases are filed under misleading headings in order to either make a
stronger case or to avoid the defamation that certain cases would bring (e.g. rape cases). A large proportion
( 12%) of the cases we examined involved wrii petition cancellation which means that these cases did not fulfill
D
the legal criteria for proceedingin the court.
According to the district judge the number of cases on the court roster had greatly increased recently D
because the jurisdiction of district had been widened to deal with cases related to forestry, drug trafficking and
girl trafficking. The district court also deals with cases previously handled by the zonal and special courts that D
were disbanded under the multiparty democracy introduced in 1990.

Table 1 Number and types of major conflict causes filed in the district court, Sindhuli (1991 and 1994)
D
Type of case

Assault, theft and robcry

No. of cases

24
% of total cases

19
D
Murder/intended murder

Land issues
17

15
13

12
D
Writ petition cancellation 15 12
D
Property inheritance 14 11

Character defamation 13 to D
Forgery 9 7

Lending, bonowing 5 4 D
Drug trafficing 4 3
Source: Author, (Note: Minor cases are not included in Table 1). D
No consistent pattern in the nature and number of cases appeared when the data were examined by
year. When examined by VOC some VOCs (i.e., Hatpate, Mahadevsthan. Siddheswor, Kyaneswor, Dandi D
Guranse and Kapilakot) recorded a higher number of cases than other VOCs. Four of these (Mahadevsthan,
Kyaneswor, Dandi Guranse, and Kapilakot) fall within the working area of AAN suggesting that these are D
areas in which AAN needs to pay particular attention to conflict. It may be, however, that these VOCs are
simply nearer to the district headquarters than other VOCs and thus people had better access to the court. ··o
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 More members of the Brahmin/Chhetri (B/C) caste group went to court than any other caste or ethnic

group in the district. lbis was in spite of the fact that the B/C group was not the largest caste/ethnic group in
either VDC. This phenomenon may be explained by the so called 'upper caste' status of this group coupled

with their better education and legal awareness. This group may also enjoy better access to district officials
(as most officials also belong to the B/C castes) and they are generally more prosperous than members of

other caste and ethnic groups. These factors may encourage B/C members to go to court rather than to settle

their disputes in village. Tamangs, the largest caste/ethnic group in terms of population in both VDCs, were

the second largest group in the court after B/C . Their large presence in court cases is probably due to their
large population size and may also be due to their somewhat better economic status than other caste/ethnic
groups (except B/C} in the area

Among the occupational caste and minority ethnic groups, Dalits (the Hindu religion classifies
certain hereditary occupations such as tailor, blacksmith and leatherworkers as untouchables; these people
may not enter the houses, eat with, or touch members of the higher castes. While untouchability has been

prohibited in Nepal by the constitution it is still observed by most people) used the formal dispute resolution
system of the courts more than any other group. lbis group constitutes a sizable portion of the population in

the area. Their use of the courts should not be interpreted to mean that they have started to rebel against their
low social status, however, because most of the conflicts in which they were involved were within their own
caste. But a few Dalits, particularly the Biswokannas who lived near the Marin basin of Dandi Guranse VDC,
filed cases against others castes on the basis of caste injustices. Those Biswokarmas, however, were richer
and more educated than the average Dalits in the area
J

In general, people preferred to settle intercaste conflicts at the village level. Some court cases

involved conflicts between different castes but such cases were related to the use of resources and not to
_j

communal tensions. lbis was further verified by the fact that most conflicts were within caste, clan, or family
1
groups. Many cases of family feuds and conflicts between close neighbors were observed.
Not a single case of conflict related to forest use was filed in the court. This was because such cases
7 were handled by the District Forest Office (DFO) and sometimes by the Chief District Officer (COO) .
...J
Table 2 shows that more cases were registered in the court by men than by women. This may mean
that men are more contentious than women or it could reflect the fact that it may be more difficult for women

to go to court because of restrictions placed on them by their husbands, their families, their household chores,

etc. Among women, women from the B/C group fonne.d the largest percentage of those who went to the court,
.J
perhaps for the same reasons explained above. Dalit women fonned the second largest group, while Tamang
women were found to hardly ever go to court. 1ne reasons for why the latter two groups rarely used the court
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could not be verified. Many cases in which women are directly involved may not be filed in court for various
reasons (e.g. fear of defamation, difficulty getting to the court, etc.).
r
Table 2. Percentage of men and women that filed court cases in 1991 and 1994
[
1991 1994 Total

Brahmin/Chhetri (B/C)
Male
30
Female
14
Total
44
Male
32
Female
11
Total
43 87
r~
Tamang 27 2 29 15 3 18 47
Others 22 s 27 36 3 39 66 r
14% 10% 24% 19% 4% 23% 47%
% of total
(Numbers expressed in percentage represent Dalits within the 'other' category) D
People opted for litigation only when the conflict was of a serious nature, such as murder or serious
character defamation, or when they wanted to settle a score with their enemies. Court cases were also filed
when the impartiality of local arbitrators was doubted or when one of the conflicting parties felt cheated.
Sometimesjhagadia ('professional' trouble makers) filed false cases to punish their neighbors, for financial
[1
gain, or simply to boost their status. For example, one suchjhagadia whom we interviewed admitted that he
currently had 22 cases in the court. While he had sufficient food and was literate, apparently he had too much D
free time to spend in the district and too much knowledge of how to use the legal system. His neighbors
reported that he frequently tricked others and took them to court. The villagers wanted to keep their distance
[
from him.
Analysis of Village Conflicts D
Upon anival in the villages the researcll teams conducted workshops to which we invited the VDC
officials, arbitrators, teachers, and other villagers. In these meetings participants discussed, among other D
things, the types, causes, and effects of conflicts, and mechanisms for resolving conflicts. We obtained
information on the places and parties involved in conflicts from the participants. In subsequent interviews we D
confirmed these conflicts and sought further information on new disputants. It was easy to collect this
information as most people knew of most conflicts in their villages. While the parties involved often
discussed their conflicts frankly, each party generally wanted to prove that they were victimized malcingit
D
difficult sometimes to find the truth. ·
A total of 85 cases was collected from the two research sites following the process described above.
D
Of these 24% involved fighting and beating. and money issues (mostly related to lending and borrowing),
20% involved land and inheritance issues, 14% involved forests or forest products, and 10% related to
D
development work. U ntouchability (8%) was another common cause of conflict in these communities. Other
D
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 cases involved family feuds related to defamation, witch hunts, rape and molestation, and crop damage by

cattle. Some overarching themes cross cut the above mentioned causes and are summarized below.
De.,,elopment initiatives and conflu:L In the study area there were numerous instances of conflicts arising
from development initiatives. These conflicts were mostly related to irrigation channels, drinking water
systems, school construction, and the management of development funds provided to the VOCs. For example,

in Bastipur VOC there were on going arguments among local people regarding the location of water taps

since everyone wanted drinking water close to their homes. In Hayutar we found similar disputes relating to a
water tap built by the International Labor Organization (ILO). In Dandi Guranse there were some tensions

between the local elite and AAN's development worlcers because AAN provided economic support only to
the disadvantaged and the marginal. The local elite felt neglected and this resulred in hostility and lack of
support to AAN programs from this group. Such conflicts were resolved relatively easily through dialogue

and did not grow into serious proportions. Sometimes, however. these conflicts can become politicized by the
interference of political parties and then these conflicts could result in serious misunderstandings between
communities and development workers. These situations cause unnecessary obstruction and delays to

projects.
Sindhuli District is badly affected by floods and hence relief agencies regularly provide funds and
materials to mitigate flooding. Conflicts have arisen due to nepotism in the allocation of funds to party
supporters. Cases where members of the elite, rather than the effected people, receive the benefits were
frequently encountered. It was also reported that sometimes relief and development funds were divided among
the political parties on mutual consensus. Such conflicts aggravate relationship not only between the rich and

the poor but also create hostility between community people, development workers, and politicians.

Poverty and conflict. Poverty was described as the root cause of many conflicts. The tendency of the rich to
oppress the disadvantaged also gave rise to conflicts. 1be traditional system of borrowing and lending

without written records was still practiced in the area with very high interest rates (sometimes as high as 60%
per annum) which often led to disputes when it came time to pay back loans. Several examples of such

conflicts resulting in serious consequences were cited by the judge, the COO, and villagers. A poor borrower,
for example, from Netralcali VOC seriously mutilated and killed a money lender instead of paying back a
7
sack of rice. The reason given was that the borrower could no longer tolerate the routine threats and
harassment he suffered from the lender. In another case a man stole a pole of bamboo from his neighbor's
field to make a basket and to sell it for some money. In a conflict resulting from this, four people beat the
..J
thief mercilessly to death. There are many examples where minor cases of lending, borrowing, or stealing

have resulted in serious conflicts and even death.

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Due to poverty many people illegally felled forest trees and sold homemade liquor to earn their living.

These activities gave rise to many conructs among villagers. Poverty was linked to a lack of education,
r
awareness, and employmenl This in tum was reported to have direct links to community conflicts. Nepal is
r
famous for its proverbs and many of these depict unequal relations between rich and poor and the resulting

tensions and conflicts.

Womenand children and conflict. Women were involved in a variety of conflicts. Sometimes, the women
[
were directly involved, and in other cases their husbands or other family members were fighting. Women would

often be sent to report conflict to a mediator and to invoke sympathy and hence make their case stronger (it is
r
generally believed that women do not report cases directly unless they are really victimized). In polygamous
families, family feuds often take place between the wives or between other family members over matters of I~
property and respect. Only a few cases of rape were discussed and openly reported because they brought shame
to the family if discussed openly and they also adversely affectedthe future of the concerned women. When
I.
animals damaged another's crops, women frequently had arguments that led to other conflicts between the
families. It was learned that women prepared and sold the local liquor that often gives rise to conflicts among I~
drunkards. After a few drinks the customers sometimes started teasing the women thereby antagonizing their
husbands or other family members and instigating fights. In both VOCs people harassed women by victimizing D
them as witches. This lead to endless dispute as the case below shows (Box 1). In some cases, even when the
husband of one family was not on speaking terms with the husband of another family, their wives maintained L
perfectly cordial relationships. There was also a strong unity among some women to ban alcohol from the

village as they said it was one of the major causes of conflicts.

Children were the cause of some conflicts. For eumple, childml herding cattle were beatenby crop
D
owners if they allowed their cattle to graze on other people's crops. This mquently initiated conflicts between ·□
their parents. Sometimes fighting between small children also led to clashes between families. In other cases,

children helped in bringing pe~ to the neighborhood as they quickly forgot their own grudges or did not worry
much about their elders' fights and started going to each others houses. This led to interactions among their
D
elders as well.
Effects of ethnicity. The conflicting parties and arbitrators had many assumptions and experiences regarding
D
ethnicity and conflict. Many people (including the Tibeto-Bunnans) believe that people from the Tibeto­
[ j

Burrnan groups such as Tamang, Rai, Limbu, and Magar (termed as matwalis-those who traditionally prepare
and drink liquor) are short tempered by nature and quickly get into conructs. However, there is no evidence to

support such claims. Irrespective of ethnicity, people who drink liquor in excess are considered more likely to
D
engage in fights. The researchers learned that matwalis often resolved their conflicts quicker than other ethnic
L
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 groups. In fairs, religious festivals, and marriages, group fights were common among the youth. Such fights

were termed 'normal' by the people as they routinely happened. They often take place within the ethnic groups
.,
and consisted of such actions as molesting girls, drinking excessively, and settling previous grievances.
Untouchability is widespread in the study area. Intercaste marriages between Dalits and so called
'higher castes' was and still is a taboo. Despite this, however, intercaste marriages are not uncommon in the
area. A few years back, two girls from a 'higher caste' eloped with boys from a lower caste. lltls created wide

spread conflict among higher and lower caste groups. Eventually, the boys' families were forced to leave the

village and migrate to another place. This case was not taken to the court by the boys families due to fear of

defamation. Legally the case would not have been tenable as untouchability has been outlawed. Such cases,
however, are often filed under different sections in the court as mentioned earlier.

Box-1
The Witch Hnot Case An eccm,ot by DU Mare of bow sbe snfftred from en ellq;atinn of witchcraft

"Indra Bahadur Sunuwar, ajhakri (faith healer), charged that I learned witchcraft from Dedh Maya
and that I was bewitching my neighbors. Last year when Sher Bahadur' s wife fell sick they called on
Indra who declared that I was the cause. To prove his point he set Sher to buy and eat chicken from
my house. I sold him three chickens for Rs 115 ($ 2.00) as I was unaw~ ef the cohspiracy . After
some time, Sher's wife again fell ill (she has been suffering from illness for a long time). Indra and
Shercalleda huge nr:cting in the villitge. They also invited the Pradhan Panch (head of village in the
former Panchayat political system) to the meeting. Indra and Sher charged me with practi ci ng
witchcraft on Sher ' s wife citing this example. Nobody, not even the Pradhan Panch spoke in my
favor. They decidedthat I should eat human feces (this js the customary punishment if a woman is
proved to be a witch). Sher brousht it from somewhen:: and as he was preparing to execute the
p unishment.I tan for mylife. He could not catch me and thus l saved myself from this deplorable act. .
A few days after the incident , Bed Maya and l wentstraigbt to the COO and regi stered a complaint
The COO summoned the j h{Jkrt Md fined him Rs 300 ($ 6.00) and locked him up for a day."

When asked how she felt now, she continued,

"I feel that they charged me because I have no parents, I am very poor and walk around in tatten.. My
husband also could not speak for meas he is weak. 'There was nobody else to defend me . I am not happy
at all with the punishment though I have no choice but to accept it. We hav~ beenliving with the .cur,se
ever since. Since the incident, my family has been treated like outcasts .. My house is known as the
witch's house and nobody eats anything from me. The stigma will remain with me 'til I die and v.ill
continue even further as my children are labeled as the witch'·s ehildren in .school, in the games, and in
...I the neighborhood at large. My children feel humiliated and insulted and they have already developed
inferiority complexes. I will never forgive those who have insulted and punished me."

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Box2
4 case of intercaste roarriap as told hf Gauesb Babadur Rnratboki
r
'Ambar Bahadur Damai and I have been neighbors for a long time. We did not know that my
granddaughter, Pabitra, and Arnbar's son, Tek Baha.dur, werein love. One day they went to a
r
weddingceremonyin the neighborhoodand Pabitra neve.rreturned home. We later found out that she
had eloped with Tek Baha.dur. Such a thing had never happened in the past. 1bis was a matter of
great shame to us and others in village as we belong to a higher .caste.and Tek Bahaduris a Dalit.
[
I donot even want to talk about thisevent.It hurts even more because I had good reputation and was
well regarded as a mediator by the villagers. All this I have lost for ever. Even our own relatives
hesitate to come nearus. We have been the laughing stock of the village. We have disowned Pabitra
[
and we do not want to talk to her and we do not want to hear anything about her. She is as good as
dead for us.'
L
Puma Bahadur Damai's version:

'Tclc Bahadur and Harl Bahadur are my brothers. Tele Bahadur married Pabitra Budathoki and Hari
[
married Pabitra Thapa from high caste Chhetri families. 1bis event rocked the village. Immediately
after the incident, the Thapas, the Burathokis, and many others from their castes surrounded our
houseand pelted us. Fortunately,nobodywas hurt. This hada very negative impact on all of us. Both r
brothers were given an ultimatum to leave the village immediately. They had no other way but to
leave home for ever. When they left wenot oply lost our family but also working hands, consequently
Due to the sanctions ,imposed by the higher castes, nobody could.·come
ow-crop productionsl,lt'fen::d.
to wol'k fot us either. People routinely made snide remarks to us. Pi'evi<>usly, we used to borrow
D
money from the rich people like the Burathokis and Thapas during famine. This has now totally
stopped. Myfather bought a small piece qf land in the Marin areaand settled Tek and his family
there. Unfortunately, Tek died a year after the maniage and Pabitra is left on he.r own. We arc
l
providingher with some help. We hear that Harl has been living in Kathmandu with his family but
we have not met them. At present the conflict has fizzled away and there is no interaction between
us and the boys families.'
D
Not many conflicts have occurred between membeni of different ethnic groups (as opposed to caste
D
groups), however, party politics often polarizes difference among ethnic groups. For example, in
Kalpabrikchhya VOC, ancestral rivalries between Thapas and Tamangs surface time and again whenever there
D
is an election.
Hidden conjli.cls. In many cases the cause of conflict is hidden or is different from the perceived cause.
D
Sociocultural norms play an important role in the expression and execution of conflicts. For example, in one
case of Dandi Guranse the actual cause of conflict was an immoral relationship (incest) between mother-in-law
D
and son-in-law. However, because the conflict led to other problems, it was eventually resolved as a property
related conflict, which was one of the problems, but not the actual cause of conflict 1bis also happens in rape
D
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cases. Many conflict that are political in nature tend to occur during elections. These often give rise to

prolonged conflicts that are not directly related to the original cause.
As mentioned above, members of the Dalits endure inhuman treatment from the higher castes but they

seldom raise their voices against it. They blame only their own fate or karma. During interviews, however, most

Dalits voiced their strong displeasure with the unfair treatment perpetuated on them by society. A handful of
educated and rich Dalit youths have started openly confronting the issue, much to the discomfort of the higher

castes.
The presence of extreme poverty and many instances of the rich exploiting the poor were highlighted

by the people. They were powerless to oppose the system because they ~ indebted to the rich and
confrontation would be tantamount to loosing their livelihood in many cases. However, they had strong

resentment against the prevailing unfair situation and latent conflict seemed to be simmering inside them. Many
people had strong resentment against corrupt forest guards and rangers who routinely harass them. But again
they could not complain openly for fear of retaliation. In fact, in Nepal, people rarely resort to litigation against

government officials. It is very important to understand such latent conflicts in society as they may explode with
dire consequences in due course. Many poor and destitute people, for example, have joined a Maoist group (an
extreme leftist group) and started a full fledge 'people's war'. lbis has resulted in the loss of many lives and

much property, as well as rurests and imprisonmenL It has also created a situation of fear, mistrust and political
instability in the district. The Maoist group is active in many other districts of Nepal.
Effect of multiparty politics. The AAN study showed that there has been an increase in the number of

conflicts in the area since the restoration of th·e multiparty political system in 1990. lbis was confirmed through
interviews with villagers, VDC officials, and district level government staff members. An element of doubt had

developed among supporters of different political parties and theCC?

was a general lack of cooperation with each
other even at the village level. As a district official put it-they have started treating each others as

untouchables!
The formation of different political parties and the division of local people along party lines has led to
many conflicts. This has led to a tendency to politicize local events including community welfare projects and
.J
has made it more difficult to implement development projects. The number of such conflicts increases
tremendously during elections. Informal and formal arbitrations were also beginning to be biased towards one

party or the other following political affiliations.

The appointment of teachers in schools has become a highly politicized practices. Teachers appointed
..J because of their political beliefs tend to be more loyal to their political party than to their schools or local
communities. Tiris practice is not only concentrated in Sindhuli but is widespread over all Nepal. In one

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instance, such an appointment led to use of lethal weapons in a dispute between two major parties. People we
interviewed registered a strong opposition to such practices as this leads to a serious disruption to the whole
r
education system.
[
The government provides ea.ch VDC with a development fund of Rs 500,000 ($8333). These funds are
largely utilized for construction of drinking water systems, irrigation channels, schools, and roads-project
all political parties and the general public want near their homes and their constituency. Tilese funds have
that
l
become a major source of conflict among people and parties. In rare cases all the political parties even come
together and agree to divide the fund equally among themselves instead of using it for development projects! L
District officials frequently mentioned that local members of parliament belong to different political
parties and that they exert immense pressure on official arbitrators to give decisions in their party's favor. This r
practice seem to be common whenever their supporters were involved in conflicts or were arrested.. This
practice severely hinders the ability of government officials from doing their duty. The officials often received
warnings from political leaders if they did not act upon the instructions. The respondents mentioned that
conflicts related to party politics decreased during the partyless Panchayat system, however, at that time,
people who said anything against Panchayat system were put behind bars.
'I.
No cases of conflicts caused by religion were encountered. Hindu and Buddhist lived side by side in []
harmony. In addition, no serious cases of communal conflicts were reported.
Analysis ofConflicu Over Fonst Resource,
As mentioned previously, not a single case related to forest or water use was filed in the court. In the
villages, however, many people were arguing over use of forest products and water for irrigation. In the two
VOCs we studied, we found more people involved in forest conflict in Bastipur VOC than in Dandi Guranse
D
VOC. People often attributed this to the lack of a forest ranger post in Bastipur while there was one in Bastipur.
Forests are still abundant in the AAN study area. People fell trees for firewood and timber without
D
following proper forestry regulations. In many cases people did not even know the current laws related to use of
forest products; but when they were caught by forestry officials they were fined heavily. Normally fines are in
D
the form of a bribe ranging from Rs 100 to Rs 3000 ($1.70 to $SO-annual per capita income in Nepal is only
$200:00; a rice meal in Sindhuli, the district headquarters costs about $0.75) depending upon the nature of the
D
offense and the financial status of the offender. A common practice in the village is to feed the foresters a tasty
snack (chicken and liquor) whenever they visit a villager's home.
L
People claimed that the resident foresters incite conflict among villagers by asking people to file false
cases against their neighbors as there is a provision is the law for anonymous reporting. The foresters then used D
this mechanism to fine people. Section 51 (1) of 1be Forest Act (1993), however, clearly mentions that 'in case
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 any forest employee or police employee engages in any work relating to forests impounds any goods or arrests

any person without proper grounds or out of malice, ill-will, or the intention to harass, such employee shall be

punished with a fine of not more than Rs 1,000' ($17 .00). But since the onus of proving that the employee had

such intention lies on the complainant, people do not dare to appeal against the foresters.
People in the 2 villages we studied were very fearl'ul of the forest laws. They mentioned that they did

not want to get involved in forest conflicts as they thought the penalties were as severe as those for murder.

People were afraid and angry with the foresters because they always came to penalize villagers. The DFO
admitted that forestry officials had not been able to clarify the forest laws and policies to villagers.
Conflicts related to community forestry were not reported because this system was just getting started

in the area. However, the chairman of a user's group revealed that conflicts between people within and outside

the group were beginning over the use of forest products.

illegal logging is rampant in this area and political leaders, outside traders, and even officials were

reportedly involved. It was, however, the local people who out of necessity were felling trees from the
government forests. Villagers were involved in this illegal act because of their poverty. There is a market for the

timber in the Terai (the southern plains) and India. The price (Rs lOO(H 100 or $17- $18 per cubic foot) of
timber was also lucrative which made the illegal trade even more widespread. When caught, villagers are

penalized and this causes a lot of conflicts among those who fell the trees, the informers, and the forestry staff.
7

...J
The Chief District Officer (CDO) infonned us that 90% of the total conflict cases brought to him
concerned forests. 'lb.is may be an overstatement, but other officials in the district also agreed that such cases

_j
were quite frequent. Approximately 30 cases of conflict were filed with the District Forest Officer (DFO) of
which 95% involved illegal logging and the rest were caused by clearing forest land for agriculture. The DFO

hoped that community forestry might make it possible for villagers to get their forest products from their own
_J
forest and that the number of forest related conflicts would decrease. He also explained that most cases were
-,
filed anonymously which made it extremely difficult to prove guilt and to punish the culprits. He further
.J
revealed that all forestry-related cases were dealt with by the government and could not be resolved at the VDC

level. The government's involvement in the resolution of these disputes, however, was not observed.
Before 1993 the DFO had spe.cial authority to hear and dispose of forestry cases. The DFO's decision

was final and no appeal could be filed.in court against his decision. lrus provision created a lot of malpractice
.J
and people felt that they suffered a lot. Although the Forestry Act (1993) provided special sanctioning authority

(e.g. the ability to charge the offender a fine of up to Rs 10,000 and imprisonment for one year), it also
stipulated that any party dissatisfied with the decision could file an appeal to the appellate court within 35 days

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after receiving notice. This provision is not likely to be utilized by most people given the difficulties involved in
[
going to court.
We also found that if somebody wanted to get his enemy penalized for whatever reasons, he could go to
the forest, fell trees quietly, and file and anonymous written report to the DFO implicating his enemy for the
r
illegal act. DFO personnel, unknowingly, often penali:red the wrong person. Such practices were reported to

cause a lot of conflicts in the community. D

Conflict Resolution
We documented both fonnal and informal mechanisms for arbitrating conflicts in the study area.
Formal mechanisms included the court. CDO, Police, and DFO-all government appointed bodies----as well as D
locally elected VDC personnel. Infonnal methods were employed by traditional community arbitrators. Both
types of mechanisms are described below. D
Formal Arbitration
Formal arbitration is an integral part of the legal system. Arbitrators from this sector have government D
authorization to carry out arbitration and resolution. Formal arbitrators found in the research area include the
police, COO , VDC officials, forestry officials, and the district court. The formal arbitration process was not D
examined in detail, however, a case of formal arbitration by a VDC is illustrated in Box 3.
It was apparent from observing this process, looking at the record, and taJking to the chairman that
there were many flaws in the process. Both parties and their supporters were kept in close confinement in a
D
s.mall area. Both parties were asked to speak and this almost ~ultcd in physical fighting between the groups.
The record also showed that the committee was dealing with cases (e.g., rape, murder, forest land-use issues,
D
incest) that were beyond its jurisdiction and the fines levied were without proper justification.
Peopl~ ~ attitudes. lbe study revealed that people's attitudes towards formal arbitration were not as positive
D
as their attitudes toward infonnal arbitration. People usually preferred their conflicts to be resolved locally
dlrougtLdkimDlm1hystem ralbr:rthan
to spmd a lot of time and money approaching the fonnal system. They
D
generally admitted, however, that the formal system may be less biased. Awareness of the formal system of
arbitration in now rising among local people. lbe major constraints that inhibits people from approaching
D
formal institutions were lack of C\'idence, complex and lengthy processing of resolutions, low economic status,
and a lack of awareness of the legal system. Formal arbitrators both at the local as well as at the district level
D
had misunderstandings among themselves.
D
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BoxJ
The resolution process used in a VDC : describedby SantaBahadur Lama. vice chairman of the VDC
The conflicting parties register their written complaints to the VDC. The VDC secretary theo sets
a date for both parties to come for general consultation. On that day he asks both parties to bring
their witnesses and evidenceto the nextmeeting.A member of the judicial committee then visits the
place and examines the persons for wounds if it is a case of assault. On the basis of evidence,
witnesses, and social justice a decision is made. The parties are asked to appeal if they arenot
satisfied. The decisionjs writtenand both parties sign tile agreement for the .records. The committee
resolves conflict within 15-20 days of the case filing date . Annually, as many as 80 to 85 cases are
registered in the VDC. Most cases are resolved by the committeeLtselfas most of them are related
to minor offenses and crimes. Only serious cases are sent to related district courts. The chair of the
committee had sent two cases to the district this year. The maximum fine that the committee has
levied is Rs 500.
Example .of a conruct sentto districtoourt
In this case a firstwife eloped with another man and her fonner husband filed the case. The fonner
h~band had married a second time without divorcing his first wife. He wanted back all the jewelery
that he had given to his wife and also wanted monetary compensation. There was a large gathering
from the petitioner's side. The petitioner was asked to speak first. He presented his case and his
supporters also started speaking on his behalf. Theyall blamed the wife-for leaving the mwi. The
wife and her side were prevented from presenting their case and the chair did not intervene. When
the wife's side protested, the husband and his party got up to thrash them. Nobody talked about
compensation and jewelry. The chainnan, seeing that he could not solve the conflict, asked them to
go to the district police.

7
Informal Arbitralu>n
_J Traditional methods of arbitration were quite widespread in this area. Most conflicts in these remote

, areas were resolved locally through these mechanisms. Local arbitrators are generally accepted by the people
but do not have pennits or any official authorization to arbitrate. It is with the general consensus of the people
that they become the arbitrators. Traditional conflict resolution mechanisms ~a blend of old customs and a
7
sense of justice and fair play although nothing is official and normally no records are kept. Even today such
traditions are very strong in these remote places. We found that between 15 and 20 conflict cases were resolved
by each year by each arbitrator, however, this varied depending on the arbitrators and the VDCs .
...J

Types of confli£ts resolved. Arbitrators mostly resolved assault cases resulting from excess drinking. Other
,
conflicts caused by character defamation, lending and borrowing. land demarcation, and crop damagedby
animals were also settled frequently. In several mstances even serious cases such as suspected murder and rape
were resolved by the informal arbittators. Such practice undennined the seriousness of the offense and as a
_j
result many culprits went ahnost unpenalized. This also encouraged offenders to repeat their crimes. Most
arbitrators, however, refrained from dealing with serious cases under normal circumstances. Allegations that a

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woman was a witch were quite frequent. These were generally arbitrated at the local level. Cases relating to
forest and water use (irrigation channels) were also regularly brought for arbitration.
l
Arbitrators. Various people in the VDCs arbitrated conflicts in the traditional ways. These people included
teachers, literate persons including students, village elders, traditional landlords, and respected people. Conflict
r
resolution was also done by development workers and government officials posted in the villages. Conflict
resolution by jhakris (faith healers) as is found in Jumla and Humla districts was not observed here.
D
Informal conflict resolution was only done by men and our studies did not reveal any women involved
in this profession. However, some women were instrumental in bringing conflicting parties to resolution.
D
Women also separated men when they were fighting. Women also played the role of 'go-between', working
behind the scenes to resolve conflict. Women were known to pressure their husbands to come to ~rms with
D
each other and to end conflicts. In some cases (e.g. keepers of shops frequented by forest rangers for meals and
drinks) women played a role in arbitration between rangers and villagers. The wives of arbitrators complained D
that their husbands 'wasted' a lot of their worldng time solving other people's disputes.
All the arbitrators involved in conflict resolution thought that it was their duty to resolve conflicts and 0
none of them charged a fee for doing this work. AU arbitrators considered it a very difficult job, particularly as
they often had to penaliz.e one of the parties. Decision making was difficult because of a lack of evidence. In D
most cases conflicting parties invited the arbitrator.i, but sometimes arbitrators approached disputing parties
and offered their services. Most arbitrators were literate and had high economic status (i.e. they were food [
sufficient). Only a few arbitrators were illiterate but these were old men who were well regarded. lllis mostly
happened among Dalits and ethnic minority groups, who as a whole have fewer literate members. Arbitrators D
coming from the Dalit and Majhi communities could only mediate disputes within their community where the
disputants accepted them. When conflicts involved other castes, these arbitrators were not acceptable. In one
D
rare case an educated and rich Dalit arbitrated conflicts of other castes even for young people.
The informal arbitrators did not receive any training on arbitration. They learned their skills by
observing and practicing. Arbitrators also had the time, cn,dibility, temperament and willingness to arbitrate.
D
They were usually quite articulate also.
Resolution proc•:rs. We found there to be well established conflict resolution processes in both Dandi Guranse
D
and Bastipur. Arbitrator.i listened carefully to the stories of both parties. They examined the place where
damage to property or crop occurred. They examined the wounds and bruises of both parties if there were any.
D
Arbitrators investigated the records of both parties to see if they had a clean past or not Based on their
findings, consultation with other respected persons in the area. and their own fair judgment, they made their
D
decisions. In most cases, these decisions were accepted by the conflicting parties. The conflicting parties
D
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 accepted the decisions not only because the arbitrators were trusted but also because they could not go to court
because of a lack of money, time, or knowledge of the formal system. Arbitrators, however, did always not

remain neutral. They often had to take the side of the offended party. Since they did not charge fees they were

considered to be selfless. In fact, sometimes the arbitrators had to spend money on drink and tea while
arbitrating! However, the credibility of the arbitrators wasfast eroding due to many changes taking place in the

area. These changes are explained in a later section on the changing nature of traditional arbitration.
Traditional arbitrators mostly called meetings and arbitrated in open sessions, but they also arbitrated
privately with the conflicting parties. lbey did this in common resting places, at their own houses, and the

places where the offense was committed (e.g. local shops). They refrained from arbitrating in the houses of the
conflicting parties. With practice, they had learned to choose neutral places for arbitration. Examples of past
conflict settlements, fines, and reprimands from similar c~s were used as references. Arbitrators also used a
lot of traditional proverbs to pursue and convince the disputants. Two ex.amples of these proverbs are given
here. Such proverbs were used to highlight the problems at courts and convince the disputants to settle their

dispute locally.

• Jasko poka usko dhoka- Whoever has money buys the law;
* Panch rupaiya para sarnu mudda nagamu - It is better to let go five rupees than to go to court.

Sometimes informal and formal arbitrators work together to solve a problem. For example, if the

proven offender docs not accept the decisions of the informal arbitrators they would call in the police.
Sometimes, the police and other administrators seek the help of infonnal arbitrators to settle disputes. This
approach was reportedly more effective than the fonnal arbitrators working alone.

The arbitrators were not neutral when they made their final decision. They used various techniques to
resolve conflicts. Once the facts were established they used threats and harassment and they even beat the
offenders to submit and agree upon the settlement as prescribed 'They frequently used a 'go-between' to

convince the parties.

Reasons for arbitration. Villagers described arbitration as a social service. Because most villageni know and
trust the arbitrators they feel they cannot refuse to submit their conflicts to arbitration. Villagers frequently
mentioned that they should resolve their conflicts within their own village. Conflicts should not be taken to the
-,
court as this will cost money, hamper work, require time because the court is too far away, and involves an

unfamiliar process. Villagers also felt that submitting their conflicts to local arbitration would boost their status

in the village.
Arbitrators knowledge of law. Most arbitrators did not posses even a basic knowledge of fonnal law. They
., did not know what kind of conflicts were best suited for informal arbitration or which were best for formal
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arl>itration. Among arl>itrators, some (e.g., teachers and a few VDC personal) were aware and had some
knowledge of the legal system One of the identi.fiedjhagadias (troublemakers) said that he knew everything as
r
he always kept the constitution and law books at hand. When cross examined his knowledge was found to be
extremely limited. r
Methods of traditional arbitration. Below are the various methods used by the arbitrators to settle the
disputes. D
• DharmaBh9.kaune(Sacred test). This method relies on an 'oath of innocence' by the disputants.
When parties involved in conflict lacked proper evidence, arbitrators may resort to this method. It
is done in the presence of the arbitrator and COJJUDunity members, nonnally the entire hamlet, and
r
both conflicting parties. Some widely used methods included taking contending parties to the local
temple and asking them to undergo the test. Sometimes the parties were asked to touch some [
sacred metal or trees and take an oath of innoeence. In case of witch allegations,
jhakr fs (faith
healers) were used to determine the culprits but they often ·seemedto heightenthe conflict rather
than solve it. Even the CDO and VOC officials often resolved conflicts by these methods
n
Bo:x:4
4rbitratioo in MajhiniDemar 4 sacredtest in DandiG11ranse r:
Mana Maya Devkota had a small shop in Marin basin. She sold tea. groceries and liquor to the
.passersb y and to the villagers nearby. She lived with her husband and an adult daughter. She had D
been having conflict with her husband's sister (her sister-in-law) and her sister-in-law's husband
• (Ram) for the last three y~. It was a multiple conflict which involved crop damage by cattle and
the charge of an immoral relationship between Mana Maya and Ram. Mana Maya wanted Ram to
[
pay for the ~oods that he had bought on credit which amounted to Rs 590 ($50.00). Ramdenied
owingMana Maya this.moneyand chargedthat it was a case of forgery by Mana Maya. To settle this
conflictMana Maya called ~ meeting of the people nearby . After verbal attacks from both sides and
further disagreements, the public decided that Maya should take the followin.gsac~.
D
The mediator asked Mana Maya to stand in the middle of Marin river, facing the Sun (considered
a deity). He asked 'her to put a copper coin and piece of dub grass in her mouth and be put a copper
D
vessel on her h~ (copper and dub grass areconsidetcd sacred as are the fig tree, rulsi, night
j asmine , and utrasum bead-these items are frequently used in arbitration; sometimes the person
being ~ted is also askedto hold their babies/children while takillg a vow) . The mediator then asked
D
her to take the following oath . 'If I am lying may the god kill and take me away before.tomorrow•s
sunrise. May my family perish and maythe god Olk:caway whatever I own•. She w~ then brought
back. The mediator declared that she~ passed the test and aske.dRamto pay the money Mana
D
Maya claimed he owned het~which he did.
D
D
D
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,

• Sagun garne (reconciliation). Th.iscustom, where a gift is given as a fonn of reconciliation, is

especially popular among the Tibeto-Bunnan ethnic groups or Matw<llisQicluding.Tamangs,
Majhis, Hayus. and Rais. 11iiscustom is also common among Dalits inc1uding Kamis, Damais,
and Sarkis.According to this custom, conflicts are considered resolved when the disputing parties
exchange gifts. The gifts are usually local liquor (jaad), chicken, eggs, etc, If one party refµses the
gift (usually the offended person) then the other party is seen as guilty. Before doing sagun garne
the arbitrators and villagers sit together and discuss the whole matter and finally sagun garne is
reached as the settlement. Consensus is also sought as to what should be exchanged. When both
parties accept gifts then it is assumed that the conflict has been resolved. There are no written
records and the whole process is cani.ed o ut in the presence of other villagers. Tiris is a common
practice among the Majhis, In their case, disputes are not resolved until the offended person eats at
the offender's home.

• KshatipurtVJarwana (nnes). Th.is practice involves r:eimbursementofloss usually in monetary terms.

Sometimes fines are in the fonn of a quantity of grain awarded to the suffering party. This is
, especially common in the case of crop damage by animals. If one party has undergone considerable
lo,s of income/property/crop dama,geor even sustained injury, the guilty party bears the cost of the
loss and pays for medical treatment. The amount is usually decided aftefthe arbitrators make a
detailed analysis and calculation of the loss and injury. Kshatipurti.is a popular custom practiced
frequently in the AAN research area. Fines ranged from Rs SOto Rs 2,200. Most fines were given
as compensation to the offended party in a case of property damage or assault. If the case did not
involve assault or loss of property, the fine was given to the school. Such fines are were utilized for
community welfare.

..... • Mafi Magaun~ (Public apology). Mafi magaune basicallymeans a public Jpology 'bythe guilty party
to the other for his wrong doing. In the presence of 1he arbitrator and the whole village, th~ guil~
_,.
person begs for pardon and swears never to commit such an offense again. An example is given in
the box below.

BoxS
4 case resolved hf pnNic apolng

In Jarayotar a 12 year old girl was abducted. Her father found her, brought her back, and reported this
7 to the arbitrators. 1be comnwnityarbitratorshad a meeting with the conflicting parties and others in the
.J village. The boy was fined just Rs 50 ($0.75) and was ordered to ask forgiveness by touching her feet
which he did. 1be dispute was considered settled.

• Pani kaJaune (ostracize). Being ostracized is considered one of the most severe punishments. In some
instances it was observed that if an offense was too severe and the offender did not comply with the
mediator's decision, the offender and his/her family were declared an outcast and no one maintained
social interaction with that pen;on. This was a public sanction against the offender. Whenever, this
was decided on by the community and arbitrators, the offending party had to comply with the
..J decision. Th.is happened with rape cases and illegal and immoral relations between man and women
(see Box 6).

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Box6
r
Resolution by Ostracism (translation of the ,minutes al one arbitration ·which involved resolution by
threatnf ostracism) r
'Chandra Baha.dur Chaulagin of Dandi Guranse VDC wan:! no 6 has been proven guilty of
repeated molestation and attempted rape in the village. On various previous occasions we have
not penalized him !ieverely hoping that he would mend his ways. He has proven us wrong.
[
Recently, he has molested Kanchhiwith the intention of rape. This we consider a very serious
crime and he will not be spared this time. We the following 35 persons present in this meeting
declare Chandra Bahadue an outcast from today. The following sanction have been decided for
I.
him. Nobody from ward six will visit his house andinteract with .him, nobody will eat and drink
at his place, or touch anything touched by him. He has been baned from visitin-g other people's
houses without permission. No one may lend or borrow from him. He will be treated like an
[
untouchable from today. Other people in the village who do not observe this code of conduct will
be severely punished .

Signed ... 35 persons Date .....

r
[
Conclusions D
Local traditions and culture play an important role in conflict resolution. For example, Dasai (a Hindu
festival) is traditionally observed as an annual occasion for people to reconcile· with each other. People let go of [
their enmity and visit each others houses to make up on that day. Ghewa (the death ritual among Tamangs) is
another such occasion which brings people together and provides an opportunity for reconciliation. During D
marriage and death ceremonies, conflicting parties do not usually maintain grudges but visit each other's homes
to provide help or to celebrate as the case may be. Certain social systems (e.g. parma, an informal labor [
exchange system) also bring conflicting families together.
The significance of traditional conflict resolution methods should not be undermined because these
bulbo:wo■1MN aad.u.i.ipUICult
pacricn <>a:. in these remote places. Remoteness, lack of education and awareness,
as well as local traditions and superstitions necessitate informal arbitration mechanisms. Most villagers are
aware of the fonnal legal system but still prefer to use local mechanisms because going to court is quite
D
complex and involves investments in time and money which most of them cannot afford.
In these close knit communities people know each other very well. Results of arbitration are made r:
public which itself forms the basis of the resolution's validity where there is no practice of keeping records. lhis
also puts pressure on the implementaion of the agreement D
94
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7
In the past the informal arbitration in rural communities was the privilege and responsibility of
comparatively rich and the powerful people like the village head (mukhia), the landlords, etc. Decisions made in
-,
these arbitration were often influenced by the soci~onomic status of the contending parties and this generally
tended to favor the privileged. Disadvantaged people usually accepted these decisions ~s their fate. Today,

though infonnal arbitration has retained its validity, the arbitrators are changing. These days old respected
people of the village, as well as teachers, political workers, and development workers have started to mediate as
7 demanded by the people. The new, more impartial, aroitrators have brought about some positive changes. Now

the economic status of the parties does not affect the decisions as much as before. Resolutions seem to be more
democratic and fair. But on the other hand, since the restoration of the multi.party system conflicts are often
politicized. Furthennore, people are now approaching formal aroitration institutions more freque~tly. However,

the use of informal conflict arbitration methods has not lost its significance.
A myriad of complex conflicts existed in the communities we srudied. In many cases, people had

various issues of conflict going on at the same time. This shows that conflicts are not necessarily over a
particular issue (e.g. resources) but they are also related to matters of personality, pride, and perhaps revenge.
Sometimes more than just a few individuals are involved in conflicts. The involvement of supporters and

sympathizers of the conflicting parties and their often changing alliances plays an important role in these
conflicts. Arbitrators often have to work through these people to negotiate an agreement. Hidden conflicts make
it difficult to understanding the true nature of these problems, especially for outsiders (e.g. formal arbitrators).
This has a profound effect on the way cases are arbitrated. It also implies that the community level conllicts
may be arbitrated better by the local arbitra.to-rs who know the local sib.Jation and culture better than outsiders.

....I

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 [
BESIEGED DOMAINS: A LEGAL ANALYSIS OF ISSUES RELATED TO THE PROPOSED
RAJAJI NATIONAL PARK, INDIA [
Veera Kaul Singh 1
[
Abstract
The author analyzes local commWtity dynamics and the legal and procedural aspects of management of the proposed
Rajaji Nalional Parle in lndia. The rights and entitle men/ of local peopk are in jeopardy under current laws applicable
to protected areas. At the same turu, the fature conservarion objectives for managing the park are also threatel'ted by
continued unauthoriud and unconlrolled use of the park and developmenl on its borders. The paper provides an
r
assessment of these crirical conflicts and suggests possible means for addressing tMse unresolved challenges. lt is
apparent from this analysis that there is an inherenr need to change the existing laws which are colonial in character.
[
Specific portions of the law which soutd be changed are idenrified in this paper.

"Nature can never be managed well unless people closest to it are involved in its
management and a healthy relationship is established between nature, society, and culture"
r
(Second Citizen's Report on the State of India's Environment 1985)
[
The proposed Rajaji National Park (PRNP) is located in the foothills of the Shivalik mountain range
in the state of Uttar Pradesh (U.P.). The PRNP is representative of the Shivalik ecosystem, which lies
between the Himalayas and the upper Gangetic Plains. In 1983, the U.P. State Government announced it's
[
intention to fonn a national park covering a total area of 820.39 sq km. lbis was based on recommendations
made by the U.P. State Wildlife Board. The proposed area for the PRNP included the three sanctuaries of D
Motichur, Rajaji, and Chilla and some reserved forest areas.
The Shivalik mountains are formed of loose, semi-solid sandstone, clay, and rocks. They represent a D
rich and diverse ecosystem which includes moist and dry sat (Shorea robusta) trees in woodlands, bhabhar
grass on steep mountain slopes, riverine patches, swamps and bogs interspersed with lush meadows (Aziz, D
1993). The PRNP is therefore endowed with a rich diversity of flora and fauna. It is home to endangered
tigers, leopards, bears, wild boars, Asiatic elephants, and a variety of avian life. D
The PRNP, as the name suggests, is still a proposed National Park. A final settlement of the rights of
the inhabitants of the area. under Section 35 of the Wildlife Protection Act ( 1972), has not yet been D
determined. The potential outcome of this decision poses a serious threat to the rights of the people Iiving in
and on the periphery of the PRNP, for it is the intention of the state government to restrict any human D
intervention in the area.
The following is an analysis of local community dynamics and the legal and procedural aspects of
D
management of the PRNP . 'The rights and entitlement of local people are in jeopardy under current laws

1
D
Deputy Law Officer, Centre for Environmental Law, World Wide Fund for Nature., India

D
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 applicable to protected areas. At the same time, the future conservation objectives in managing the PRNP are

also threatened by continued unauthorized and uncontrolled use of the park and development on its borders.
7
The paper provides an assessment of these critical conflicts and suggests possible means for addressing these

unresolved challenges.

Stakeholders and the PRNP

7 The people living in the area of the PRNP include three primary communities consisting of the Van

Gujjar:s, The Taungiyas and the Baan Workers. These groups, which live both on the periphery and within
., the delineated boundaries, traditionally gather a range of forest products for their Iivelihoods, including
bhabhar grass, fodder, fuelwood, timber for house and agricultural implements, and thatched grasses for their

7 roofs. The following are brief background descriptions of each of the groups.

Van Grqjan
The Van Gujjars are nomadic pastoralists who migrated from Jammu and Kashmir several hundred
ye1m1ago. Original access to the area is believed to have been part of the dowry of a princess married to a
local Raja of Garllwal. The Van Gujjan. earn their livelihood by raising buffaloes and selling milk. They
migrate to the upper reaches of the Shi valiks during the summer months along with their cattle, and return to

the plains during winter.

The forests provide fodder for their cattle, firewood, and raw materials for their homes (deras). The

Forest Department and some conservationists, however, feel that the Van Gujjars are over-exploiting the
forest and causing serious ecological damage. They have therefore insisted on restricting access and use, and

have encouraged the Van Gujjars to resettle.

The Forest Department in 1984 issued eviction orders against the Van Gujjars. In response, the Van

Gujjars, filed a writ petition in the Supreme Court of India challenging the order terminating their traditional
rights. The Van Guijars secured a staying order against the eviction. In 1988, this order was vacated by the
Supreme Court. The situation returned to stab.ls quo after the U.P. Government issued orders against the

eviction.
The State Government. in pursuance of its intention to drive the local people away from the park,

came up with a Rehabilitation Package for the Van Gujjars. In 1987, the government constructed two-room
tenements with basic amenities, including cattle and fodder she&, at Pathri, a location well outside the parlc.

The total cost of the project was Rs. 30,000,000. (approximately US$ 855,000).
The Van Gujjars were unimpressed with the new houses, and refused to leave their traditional homes.
-,
The rehabilitation scheme seeks to draw the Van Gujjars into the mainstream of society, without taking into

97

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account the differences in their lifestyles, language and culture. The Van Gujjars have not been consulted on
[
these matters. According to Mir Ali, the Sarpanch (village head): "All this was done without even consulting
us. We are not against resettlement, but we refuse to be herded around like animals" (RLEK Report, 1990)
The Forest Department later moved in to assist the Van Guijars ameliorate their economic conditions
I
in 1992. They helped to establish a Guijar Mille Cooperative under the Provincial Cooperative Dairy
Federation, as milk and its sale is the main livelihood of the Van Gujjars. Officials hope that increased
[
earnings might fon:e the Van Gujjars to rethink their decisions not to resettle.
The common refrain of the Van Gujjars is that the State and the Forest Department blame them for
[
the deteriorating ecological conditions of the PRNP, and view the Van Gujjars as a hindrance to development.
The state has been unwilling to recognize that the area is considered by the Van Guijars to be their ancestral
[
home. The Van Gujjars suggest that there are other facto~ which have resulted in the degradation of the
PRNP. r
Taungiyas
There are nine Taungiya villages, with a total population of approximately 2,000 - 3,000 people, on
the edge of the PRNP. The Taungiyas were encouraged by the government to settle in the area in the 1930's,
to provide labor to grow and tend tree plantations for the Forest Depanment. By the l 980's, the Taungiya [_
plantations were closed, and the people remained in their existing locations with very small pan:els of land.
The villages do not have revenue status nor do the people have voting rights in Panchayat elections. The l
Forest Department also issued eviction orders against the Taungiyas in 1986. The communities obtained a
stay against the order from the Supreme Court.
D
The Taungiyas argue that they gave up their livelihoods and /or property in their original villages to
come and worlc for the Forest Department. After fifty years of service, they now find themselves without
ownerm.ip of the land they have nurtured, and no traditional or legal rights. The Taungiyas also complain
D
that wild animals, particularly elephants. are a constant threat to their crops and sometimes to people. There
is currently no agreed-upon means for compensation for these losses or injuries.
D
The Taungiyas demand revenue village status, legal rights, and access to development programs.
They point out that their traditional occupation is to plant and grow trees; they have the expertise and interest
D
in growing and protecting the forest, but insist upon access to the resulting forest products required for their
subsistence lifestyle. The Taungiyas demand their traditional right to the extraction of bbabhar grass, as well
D
as rights to grazing and fuelwood collection.
D
D
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 Baan Worbrs
1be Baan (forest) workers live in the revenue villages within the periphery of the PRNP; their
settlements total approximately 60 villages. These villages utilize the resources of the park to varying degrees

for grazing, fuelwood, and, most importantly, bhabbar grass. They have traditionally used the bhabhar grass
for rope making, the main source of their livelihood. Their primary complaint against the Forest Department
is that their traditional rights of access to forest products are increasingly being denied to them, particularly

after the area was declared a National Parle.They want recognition for these tra.ditiona] rights. Many people in

these commwtities are landless, and therefore wholly dependent on bhabbar grass and rope making.
The bhabhar grass grows on the ridges of the Shivaliks in open tracts of land. The total crop of
bhabbar is cut each year and this exploitation, without a designated fallow period, is believed to create a drain
on the ecosystem and the ground cover rejuvenation time. The Baan workers greatly resent the idea that they
must pay fees to extract grass which was their traditional right. They also want their traditional rights to

7 grazing and firewood collection recognized.

Another issue for the Barut workers is compensation for damage to their crops by wildlife. The Baan

7 workers who practice agriculture are suffering increasing damage·to their fields by the animals from the

PRNP.The compensation that is offered to them is quite meager. In cases where the villagers have killed an
, animal trying to defend their land, they are levied with major fines. In contrast, if a human is killed by a wild

animal, the compensation paid by the government is quite minimal (Rs.5000/- per minor; Rs. 10,000 for an
adult).
A Question of Impact
The Tawtgiyas and the Baan workers have already been resettled on the periphery of the National

Park, and their conflict with the Forest Department is therefore quite different from that of the Van Gujjars.
The Taungiyas and the Baan Workers are more concerned about access and use of the resources of the forest

area. For the Van Gujjars, a pas_toral community which does not practice agriculture, the conflict is not only
over access and use of the forest resources, but also over their right to reside within the PRNP.

Both villagers and the Van Gujjarsagree there is little overlap in their areas of use and where there is
overlap, there is generally an infonnal agreement as to who has the rights to particular resources.
7
Nevertheless, local communities are aJso responsible, to some extent, for the deteriorating ecological
_J
condition of the PRNP area They cut and lop excessive numbers of trees, and their cattle overgraze the forest

land. 2 In addition, the Baan workers, who live in the villages around the park, contribute to this deterioration

2
Lopping or the pruning of branches from largettt.es is practiced only by the Van Guijars .
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by removing clumps of the bhabbar grass growing on the hill slopes and as a consequence of the cumulative
effect of overgrazing, extraction of bhabhar grass some of the area's plant species are fast disappearing.
r
Medicinal plants, for example, are widely extracted for commercial purposes. The widespread changes in land
use and forest management practices have resulted in significant changes in vegetative cover. According to
I
one estimate, weed species such as Lantana and parthenium now dominate around 40% of the total park area.
- .
[
The forests in India have always been inhabited and used by indigenous people - they have never
been considered wilderness areas. This distinction is important because any attempt at protecting forests in
India affects significant populations. The issue of the rights of the people living on the forest margins comes
D
into focus because they currently have no legal rights to the area; though they have been living with defacto
rights for centuries. This situation emerged after the British took control of the country's forest l~d and
C
codified the legal and administrative system of forest management.
[i
Additional Management Challenges in the PRNP
The basic issues in the conflict over PNRP are the competitive use of the resources by the people and D
the Forest Department and also the to determine who has access to the resources. Seven government
departments, in addition to the Forest Department, occupy land within the PRNP. The area amounts to 2,183 0
ha. The 14 kilometer Kumaon-Chilla Power Canal was constructed on the east bank of the Ganges River in
the mid 1970s. This canal is a barrier to elephant migration across the park from east to West. D
In addition, the army maintains a munitions dump, and a shooting range, in the elephant migration
corridor. This impedes the migration of elephants from one area of the forest to another. The Rishikesh­ D
Haridwar railway line, which passes through the PRNP, is another nuisance to the elephants. Some elephant
deaths have been reported as they have crossed the railway in front of speeding trains. D
Several major development projects are located on the periphery of the PRNP. Over the past decades,
projects such as the Bharat Heavy Electricals Limited (BHEL) at Ranipur, and the Indian Drugs and
Pharmaceuticals Limited (IDPL) near Rishikesh and more recently the Haridwar District Headquarters have
D
increased the pressure on the PRNP.
The legacy of a century or more of commercial exploitation of the Rajaji forests prior to the
0
notification of the park has had a major destructive impact on the forests. Clear-cutting and the planting of
commercial plantations have reduced biodiversity and ground cover, increased weed growth, and reduced the
D
food available for wildlife. The degradation of the area has resulted in increased siltation and soil erosion.
lJ
These ecological changes, as well as increased poaching activities, have lowered wildlife populations in the
area (with the exception of the neelgai, panther and the elephant) as well as forest cover.
D
100
[l
D The Genesis of Conflictbetweenthe State and Local People
Social customs and religious traditions guided the relationship between the people and the forests

D before the British colonized India in the eighteenth century. British intervention however, broke this
harmonious relationship between the people and their forests. It was the British who for the first time viewed

n the forests as commercial goods or goods which required protection and proper distribution (Guhua 1989).
The British Government in India passed the first Forest Law in 1865. The Act empowered the Government in

D the following ways :

• to declare any land covered with trees, brushwood, or jungle as government forest by notification,
provided that such notification should not abridge or effect any existing rights of individuals or
D •
communities;
to make rules relating to the preservation of trees; and
• to prescribe punishment for the breach of the provisions of the Forest Law.

D This Act was originally designed to facilitate acquisition of forest areas that could supply timber to
the railways. The intention of the Act was to establish claims of the state over forest land, subject to the
0 proviso that existing rights were not abridged. This Act was soon found to be problematic.
The British ultimately decided to treat customary use of the forest by the Indian villagers as based on
D "privilege", rather than "right". "Legal rights", the British contended, could be said to be held only where the

n
British or earlier native governments had explicitly recognized rights and recorded them as land settlements.
A more comprehensive Act was passed in 1878 classifying forests into three categories: Reserved
Forests, Protected Forests and Village Forests. This distinction was based on rights over forest products. The

D Reserved Forests were to be wholly controlled by the Government and the people were denied any form of
access. The Protected Forests could be utilized by local communities, but restrictions applied as to what could

D be taken. Village Forests, on the other hand, were designated community forests providing daily subsistence
to the people. This Act for the first time established a forest bureaucracy in the form of Forest Settlement

D Officers (FSO's). The FSO's were placed at the local government level and were vested with the
responsibility of protecting forests from nearby villagers. At the same time, the punitive sanctions of the act

D were strong deterrents to its transgression.

The British policy introduced a new dimension to forest management. Although purportedly in the

D . public interest, the policy emphasized commercial exploitation of the forests. Forests were viewed as a
valuable source of raw material to support the industrial revolution. The orientation of the policy leaned

D toward an approach to managing forests from the people rather than for the people; as such, it
institutionalized the interventionist role of the government. By recognizing only the commercial value of
forests, the policy defined forest management issues as purely economic; forests were seen as a contribution
D
101

d
to the growing and modernizingeconomy. As a result, the people who were forest dwellers by tradition were
transformed into laborers under the supervision of the State.
The British Policy of commercializedforest management was further institutionalized in 1927 in the
form of the Indian Forest Act. The Indian Forest Act of 1927 was designed to consolidate the laws relating to
forest management in India. The Act of 1927 was amended by the Indian Forest (Amendment) Act of 1930
and the Indian Forest (Amendment)Act of 1933. These new Acts combined all provisions from previous
]
legislation.
The changes in agrarian practices from the imposition of this new form of forest management had l
far-reaching consequences for the life of the peasant. With their traditional rights severely curtailed, villagers
regarded state forestry as an incursion not sanctionedby custom or precedent. In the forests leased by the ]
British, where the Raja (local ruler) had no control, the people became virtual slaves of the forest department,
the lowest ranger or patrol having more power than the Raja and his councillors.The cumulative impact of D
these strategies of managementand control was the reservation of large tracts of forest land and the effective
loss of community control over their habitat for environmentalresources (Guba 1989). Inevitably, there was
increased pressure on forests that remained open to villagers, a factor that in many cases hastened their
I
destruction.
The root of the conflict over forest rights between the state and the villagers lay in differing
n
conceptions of property and ownership between the rulers and the ruled, as well as differences in perception
of the situation prior to British control (Singh 1986). In many cases, there was no preexisting notion of
D
private property among peasant communities, which used communally-ownedand managed woods and
pasture land. In contrast, the state's assertion of monopoly .overforests was undertaken at the expense of
D
what British officials insisted were individually claimed rights of users.
India formally adopted the Forest Act of 1927 after it gained independence. The Indian Constitution
D
in 1950 placed all forests under the "state list'' which was a list of subjects on which state legislatures had
primary rights to make laws. The central government was, therefore, freed from taking the responsibilityfor n
forest management. The states accepted this responsibility,but were unwilling to give the forests priority
attention. Each State developed its own Forest Act in addition to the central Forest Act D
In general, the Indian Forest Act is designed to give powers to the government to proclaim
sovereignty and administrativecontrol over forests. However, there are several sections which allow the D
possibility of NGO participation. For example, Section 38 K of the Act gives permission to the forest
department to lease to local people land within its jurisdiction for the purposes of cultivation; this includes [I

102
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D forest cultivation. Section 80(b) allows management of existing forests or of new afforestation programs by
any person or group, but they must be undertaken in accordance with government regulations.

D The Constitution of India was adopted in 1950.The Constitution is the guiding principle for all the
laws which have been enacted after India gained Independence. The fundamental rights guaranteed under the

n Constitution of India are applicable to all citizens of India. The fundamental rights of the local communities
at PRNP and even elsewhere in the country are infringed upon by the existing laws and the resultant situation.
The traditional rights of the local communities remain unrecognized, they are increasingly becoming unsure
D of their livelihood and the right to reside within the proposed national parks. It is essential to respect and
legalize their rights with the aid of the Constitution of India by ensuring that fundamental rights do not get
J infringed upon. The land issue gets further complicated due to the 73rd Amendment to the Constitution which

n gives panchayats the responsibility of managing village forests.

By 1951 a review of forest policy was underway. The central government reviewed concerns such as
exploitation of the forests. An assessment of these issues resulted in the adoption of a new resolution, referred

D to as the 1952 Forest Policy Resolution, which declared that forest policy should be based on paramount
national needs.

D In the mid-1970' s there was increasing pressure for policy reform. Forests which were retained under
state legislative jurisdiction were declared to be under "concurrent" legislative jurisdiction. The central

D government formalized its claim over forest lands in 1980 when it passed the Forest (Conservation) Act. This
Act prohibited the state governments from allowing any forest land to be used for non-forest purpose without

n the prior approval of the central government. The intent of the Forest Conservation Act was to check
indiscriminate diversion of forest land for non-forestry purposes.

D The Wildlife Protection Act (WPA) of 1972 was introduced to provide uniform legislation for the
protection of the wildlife for the entire country. It was to prevent hunting or trade in wildlife, and also to set

D parameters for establishing and maintaining protected areas such as wildlife sanctuaries and national parks.
The powers provided in the act have also set forth an administrative structure to oversee the implementation

D of the act. There are stringent provisions in the act which provide for punishment in the case of non­
compliance. Nothing in the preamble of the WP A suggests that the indigenous people and their interests must

n be taken into consideration. It becomes clear from the above that the process of identifying an area for the
protection of wildlife and habitat does not require, or even suggest, the participation of local people.
The fundamental difference between a national park and wildlife sanctuary is that in the latter some
D local rights are retained whereas the former is closed totally to any kind of human interference. The WP A

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does not pennit any right to be maintained in a national park except in the few cases where special pennits
are to be issued.
l
Sections 18(1) and 35(1) of the WP A provide no scope for public consultation before notification of
an area as a sanctuary or a national park. There is little consideration for people's participation in the process
J
of identifying an area for protection of wildlife and habitat, or for conservation and protection measures. The
PRNP provides a vivid example: when the notification for the PRNP was issued in 1983, the communities I
living inside and around the designated areas were never consulted
Prior to the WP A Amendment Act of 1991, there was no provision for representation of tribal n
groups on the Wildlife Advisory Board. The amendment stipulated that at least 3 representatives of the
indigenous people should be placed on the board. The Amendment Act of 1991 also stipulated that
individuals and NGOs must take active roles in the implementation of the act. While these were viewed as
positive steps to widen participation, no specific provision was made to provide for representation of the
NGO' s, and it remains that most of the state advisory boards are inactive because of a lack of political
initiative.
l
The rights of local people remain undefined in the Forest Act and the WP A, and they are
unrecognized by the Constitution of India. The collector retains the right to interpret these rights. The WP A,
which was enacted 25 years after India attained independence, appears to have been laid down exclusively for
the protection of the flora and the fauna, with little concern for the people dependent on forest resources. The
act is decidedly pro-wildlife, and by implication does not recognize the importance of local people's needs
and their impact and potential role in ecosystem management. It is time that the law recognize these forest [
dwellers, their rights, and their potential contribution to conservation and environmental protection.
Thus the colonial character of the forest laws was retained even after India gained independence.
Although a number of other acts were passed, either the laws were inadequate or the problem of
u
implementation remained. This was true for the Wildlife Protection Act of 1972, the Forest Conservation Act
[j
of 1980, and for the National Forest Policy of 1988. Forest communities continued to be generally
disfranchised from the process of forest management.
A summary of the major laws, along with their implications for forest management, is provided in
l
Table 1. Appendix 1 presents some of the sections for each of these acts which directly relate to the
designation and management of protected areas. These acts have been applied in the policies relating to the
j
PRNP. Forest acts do not recognize the rights of the local groups who have traditionally utilized forest
resources in the area. With the greatest economic dependence on forest resources, it is not surprising that Il
tribal groups possess the most extensive knowledge of India's forests, as well as the strongest motivation to

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D ensure the continuity of these ecosystems. These local communities constitute the critical segment of the
Indian population whose survival depends on the sustainability of forest biodiversity. Non-timber forest

D products (NTFPs) are a crucial element in the livelihood systems of forest dwellers. Rural communities
require fuelwood for cooking and heating, timber for house construction, bullock carts, and agricultural

D implements. Livestock is also an important component of the rural economy, and the forests, or forest lands,
are often the main source of fodder. Forest-based enterprises also provide employment to a large number of

D people.
Table 1 Major laws affecting India's forests
Year Name of act Salient features
D 1865 The Indian Forest Act •
•
First forest law passed in India
Right to Government to declare any area as.forest
• Penal provisions for the breach of the act
D 1878 The Indian Forest Act •
•
More comprehensive act
Classified forests into RF, PF and VF
• Established FSO's
0 1927 The Indian Forest Act
•
•
Emphasized commercial use of forests
Consolidated existing laws relating to forests in
India
D 1947 India gained
Independence
• Indian Government adopted the Indian Forest Act,
1927
1972 The Wildlife • Conserved wildlife and flora habitats
D 1980
(Protection) Act
The Forest • Prohibited state government from allowing forest
(Conservation) Act land for any non-forest purposes without the prior
ll Source: Author
approval of the central government.

D Concern over the management of protected areas thus originates both from unrecognized traditional
rights of forest dwellers and the degradation of forest resources and threats to biodiversity conservation.
D These factors indicate that there is a need to rationalize landuse planning, with some portions of the land to be
protected while others are to be managed sustainably. Many people now understand that community interests
D are not necessarily in conflict with the protection of wildlife and habitat, for community survival is also
dependent on the survival of the forest

D
Reformulatingthe Law

D Following independence, various land reform acts were promulgated in different states. The Land
Acquisition Act of 1894 was also amended in various ways to allow for land reform. The Zamindari

l
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D
j
Abolition Acts of U.P. and Bihar were examples of significant legal changes which provided property rights
to people who had occupied and cultivated land. Simply put, these acts converted occupancy rights to
D
property rights. The land reform acts and the Zamindari Abolition Acts require an occupancy of 12 years for
entitlement to property rights. However, this principle does not apply to forest dwellers who have been living
l
on forest lands for centuries.
Supporters of sovereignty proclaimed -that the state had an absolute right to acquire land and its J
resources - either for public purpose or in the national interest. This principle was promulgated through
Article 31 A of the Constitution. It was also enshrined in the Land Act of 1894 and the Indian Forest Act of J
1927. Clause 2(a) (iii) of Article 31 especially extends this domain over all types of forest - most of them
already acquired. This power was further consolidated by making almost all laws concerning land acquisition D
unjusticiable in any court by enlisting them in the 9th schedule of the Constitution. This debars any claim that
they are inconsistent with fundamental rights, such as the right to reside and settle in any part of India. D
There is an urgent need to amend the law as it exists today. Legal reform efforts should identify a
process for defining and recognizing the rights of the people. In preparing plans which affect forest dwellers, 0
it is essential that any changes in the law should also keep in mind international obligations, such as those
envisaged by the International Labor Organization (ILO) Conventions. 3 The Indian Government has been D
slow in implementing these conventions, despite the fact that the government is under a constitutional
obligation to ensure the welfare of indigenous people. Indigenous groups such as the Van Gujjars have been
declared a scheduled tribe by the government and thus should be recognized under these statutes.
D
As we have seen in the preceding paragraphs, the existing laws are grossly inadequate, and largely
colonial in character. There is a need to include in our future plans the legal framework for rights and the
beneficiaries of such rights. It is important that proposals for legal reform should address issues of justice for
the people involved in the PRNP as they are dwellers, managers , and users of the Park. The planning for
D
PRNP management should include concerns for wildlife and biodiversity protection, as well as for future
generations.
D
Forest Act Sections Needing Amendment
Several sections of the Forest Act need to be amended:
D
Section 2 deals with definitions of important terms. Forest land, public purpose, revenue land, waste land,
and other key terms require more explicit definition if they are to be understood and operationalized. D
·n
3
The ILO Conventionshave emphasizedthe need to recognize the rights of peoples over their traditional lands.

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]
D
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D Section 3 contains the presumption that there is no private right to property in forest land. There is a need to
define and recognize the rights of the tribals and the forest dwellers.

D Section 4 involves public notices. These notices should be presented in the local vernacular so that people
can understand these announcements.

D Section 5 stipulates too little time (3 months) for presenting claims. Since the people affected by these
notices are largely illiterate, poor, and unorganized, they require more time to take action.
Section 7 pertains to the enquiry process by the FSO. The final determination of communities' rights depends
D upon the FSO, who rarely conduct studies before arriving at final decisions regarding these rights.
Section 11 does not prescribe a time limit for the FSO to settle the rights of the claimants by way of
D acquisition of land.
Section 20 prescribes no time limit for the final notification after the initial notification has been passed. So
D for the claimants while they have to put forth their claims within three months in Section 4, the FSO's do not

n have a time limit prescribed by law within which they have to settle the rights of the claimants
Section 64 gives wide powers to the forest officer to arrest a person without a warrant. This authority is an
infringement of basic individual liberties. This section must be changed and replaced with less stringent
D authority. Section 64 should also clearly define the exact nature of offenses falling within its scope.
The Indian Forest Act is in complete contradiction to Article 39(b) and (c) of the Indian Constitution,

D which seeks equitable distribution and use of resources. This is also true for the land acts, in terms of
compensation and the definition of public purposes. Legislators must hence repeal or amend the Forest Act

D and create new laws.

The Forest (Conservation) Act of 1980 is an important act in the sense that it restricts the state's

D power to de-reserve a forest area and also prohibits the use of forest land for non-forest purposes. This act
also fails to articulate the various definitions that are missing in Section 2 of the Forest Act. For the violation

7 of this act, the punishment is 15 days' imprisonment, and this is not an adequate deterrent.
Wildlife Protection Act Needs Amendment

D After the 1991 amendment of the WP A the forest authorities claimed that local people possessed no
legal rights, only privileges and concessions which could be terminated at the will of the authorities. In

D addition, they claimed that the rights were to be settled through the FSO's, a contradiction in itself.
Settlement of rights implies that the people do indeed possess rights; the Forest Department officials have

n often sought to settle these issues arbitrarily, without consulting people directly affected by their decisions.
The WP A either simply ignored the traditional link between the forest dwellers and wildlife, or
argued that these local communities were the primary cause of environmental degradation. The U.P. State
D
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Government announced the establishment of the PRNP under Section 35 because of perceived pressure on
forest and wildlife in this delicate ecosystem.
fl
The WP A therefore requires fundamental changes. Some of the sections which should be targeted
for reform include:
l
Section 29, which is widely invoked to stop local community activities, even in sanctuaries, is in potential

contradiction to section 24(2)(c), which allows for the continuation of local rights. In addition, checks are
1
required on the element of arbitrariness in the government's power to decide what is in the interest of wildlife.
]
Section 33, and Section 35(6), in which the WPA mandates exclusive control over Protected Areas to the
Chief Wildlife W arcle~ ~ limits the scope for formal joint management with local communities.
Forests can be conserved through the protection of just laws. Unjust and outmoded laws can
n
sometimes be changed more categorically through amendments. Major changes in justice can also be achieved
through minor changes of interpretation in legal judgments. Finally, legal reform can be achieved through J
different interpretations of the law for the benefit of less advantaged people

Strategies and Recommendations

The following analysis is offered as a broad guideline, rather than a prescriptive formula, for seeking
solutions to the problems that besiege PRNP. It is important to remember that these issues are deep-rooted
and can only be resolved through cautious and patient interventions.
The problems of the PRNP are inherent in a system with limited resources which has alienated the
local people whose support it requires. Enforcement activities have not been able to arrest the ecological
degradation. There can never be enough restrictions and enough reinforcement if the system is widely viewed
as illegitimate by the local people. Over the past several decades, conservationists have argued that the J
government-managed parks protection model which excludes local people is the only means to ensure
protection of the ecosysytem. In PRNP, this model has been unable to address the long-term environmental
and social pressures and has posed a threat to the rights and the cultural survival of local peoples. An
J
alternative approach is urgently required.
Joint Protected Areas Management represents one alternative response to the existing model. Joint
D
Protected Areas Management (JPAM) is a concept which is evolving as an effective strategy to help in the
conservation, protection and management of national parks, wildlife sanctuaries and biosphere reserves.
J
Kothari (1996) has defined JPAM as "the management of protected areas and their surroundings, with the
objective of conserving natural ecosystems and their wildlife, as well as of ensuring the livelihood and
D
security of local traditional communities, through legal and institutional mechanisms which ensure an equal
J
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partnership between these communities and government agencies." This participatory approach, although at
an experimental stage, should certainly be encouraged by the government.

l Through the JP AM approach, the forest department and the local people would work as partners in
evolving co-operative approaches to achieve protection of the ecosystem and meet the needs of the local

l people. This partnership is dependent on the goodwill, resources and initiatives of the forest officials, and on
the ability of local people to trust these officials despite past history and power discrepancies. The JPAM
model can be applied to the PRNP and the surrounding area which could become the buffer zone. However,
D specific proposals must come from the communities themselves and research work must be done with these

n village committees to generate the specific recommendations and mechanisms that will work in their context.
Community forest management in the Rajaji area represents the best scope for the protection of this

n threatened ecosystem and the protection of the rights and lifestyles of the marginalized local peoples who live
within it.
Nevertheless, at the present time the Rajaji context lacks the required goodwill and sense of
D partnership between the forest department and the local people (RLEK Report 1990). Although there have
been efforts to build better understanding between the Forest Department and the community, more

D constructive relationship-building will require time because of the past history of conflict. The Forest
Department retains power and authority, and can exercise them at any time. For JPAM to function effectively,

D there is a need for basic structural changes in the present management system. ·Participation of local
communities in environmental decision making will assume increasing significance . Without consensus at the

D community level it will be difficult for the local government to implement basic strategies for ecological
planning. There is an increasing need to involve women in decision making process as they are the one's who

D are most effected in times of ecological disturbances. Women are primarily involved in collecting firewood
and drawing water besides other household work.

D As part of a series of s~tegies for effectively managing the PRNP, it is important to develop a
community forest management structure in which the local people have management responsibility and are

Q supported by existing NGO's, the forest department, local villages, and police officials. This will in tum
require an enforcement system for the PRNP in which the communities, Forest Department officials and the

D Police will work as partners. An important aspect of encouraging people's participation in the management
process will be by supporting the development of sustainable community resource use through the creation of
people's committees which can determine areas for use and management by the various local groups. Each
D household would be represented in the committee. This independent committee would be responsible for

D
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defining a detailed plan for resource management such as the extraction of the Bhabhar grass within the area
of its jurisdiction. Of course, this would conform to the plan of the core group discussed in the next section .
J
Some part of the J:>RNPwill ultimately have to be set aside as a core area for strict protection.
However, the choice of protected cores should not be made unilaterally. While satellite imagery and ground
I
forest surveys should be used, such information should be made available to local communities who would
contribute to the process by which core protected areas are defined. n
There is also a need to impart legal education to local peopleto help them become more aware of their
legal rights with respect to the protected area and other civil laws. Special emphasis should be given to the n
different kinds of disputes along with the appropriate procedures for their resolution. Community education
efforts should also include information on issues of public health, family planning, tree planting, improving n
n
their standards of life, formation of cooperatives, and means for asserting their rights.
In this context it is necessary to mention that for the JPAM experiment to take off and be applied in
the context of the PRNP it is necessary to get it legally sanctioned. This legal sanction can be obtained by
pressuring the State Government of U.P. to issue a resolution akin to the one passed for the JFM guidelines. D
Measures to effect this pressure can take the form of advocacy, highlighting through the media, calling for a
public debate on the issue of JPAM, inviting the Forest Department and the sate government for a dialogue D
among all the stakeholders and on the possible working and application of the concept of JPAM.
This is possible through section 28 of the Indian Forest Act, 1927 which deals with the formation of
~
the village forests. According to the act the state government can assign any village community the rights to
or over any land designated as reserved forest and the state government may make rules for regulating the
management of the village forests. It may prescribe the conditions under which the assigned community may
D
use and protect the forest. The people may be required to share timber or other forest produce or pasture and
make rules regarding their duties for the protection and improvement of such forest. This section could be
LI
used by the state government to pass a resolution calling for the Joint Protected Areas Management of PRNP
by involving the local communities and the Forest Department as partners in the preservation, protection and
LI
the management of the PRNP. These guidelines need to be formally invoked to involve the local communities
as partners. It is important to make sure that the resolution in effect enjoins the joint management of the
n
protected area by involving both the local community and the forest department.
Although litigation must be considered as part of the overall strategy, it is often time consuming and D
expensive. One approach would be to challenge the laws concerning compensation and land and forest laws
in general, so that appropriate compensation is granted on the grounds of the ultra vires and on the irrational LI
nature of such laws, rather than on the grounds of a violation of human rights. Such an approach would not be

110
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D case specific but would lead to amendments that would be applicable to numerous similar cases in the future
(Singh 1986).

n From the glaring inadequacies of the existing law and its application to PRNP and its impact on the
same, it becomes clear that there is a need to change and reform the law. It may be easier to change and

] reform the law rather than promulgate a new law. The inadequacy of laws becomes very apparent in the case
of the PRNP as the traditional rights of the peoples are still unrecognized. This disregard for the rights of the

D local peoples is not an isolated case; the situation in the PRNP is indicative of the situation throughout the
entire country. While experimenting, JPAM in PRNP may be a test case for the entire country, but it is

D important and imperative to develop a strategy for the entire country. This could be done by advocacy,
lobbying and generally bringing pressure on the central government to act positively and reform the laws that
adversely affect the local communities all over India The activist strategy should also include public debates
D and discussions on reformation and amendments to the law for the betterment of the people. Media, too, can
play a positive role by both increasing the awareness of the people on the issue and by highlighting the plight
D of the affected people.
For the PRNP, the Wildlife Institute of India (WII) and the Indian Institute of Public Administration
D (11PA) are currently engaged in convening key stakeholders to evolve strategies to break the impasse to these

n
management dilemmas. The efforts of Wil and DPA will need further refinements so that this consensual
process can develop a participatory management approach to implementation of management objectives for
the park.

D A just and enduring solution is one in which the Forest Department ends its legal and illegal
extraction of timber and other produce, invests the local communities with the rights of usufruct and the

D attendant rights to oversee any intra-community violations. Only then will the situation improve, both for the
forests and for local communities.

0 Conclusions

ll It is apparent from this analysis that there is an inherent need to change the existing laws which are
colonial in character. The rights of forest dwellers, tribals, and indigenous people throughout the country

D . must be clarified and legitimized. Legal reform is urgently needed; the methods to achieve this goal will be
varied. The education and empowerment of local communities is essential in order to encourage their greater
participation and voice in the effort to gain these rights. Community and public advocacy of these issues will
J
help the communities in asserting their basic rights over residence and resource access. Engaging the media is
also an important part of the strategy, since the press can highlight these issues and educate the wider public
D
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on the immediacy and relevance of these issues. Public debate will serve to engage all appropriate
stakeholders in determining sound decisions over the park area and the people who call it home.
0
Joint protected areas management (JPAM) is a logical response to this conglomerate of issues,
problems, and proposed strategies. The JPAM approach emphasizes the need to bring local people into a
J
more central role in decision-making and management. Nevertheless, it will take time to reorient the attitudes
and traditions of local people, and to gain public and legislative support for the substantial changes suggested
n
in this approach.
Conflict management is therefore an inevitable _partof the development process; negotiation and
compromise are essential ingredients of sound decision-making over complex natural resource management
issues. It is therefore crucial to identify ways of building participation into the decision-making process. For
n
this reason, it will be important to widen access to information regarding these dynamics. The documentation
and analysis of successful cases of conflict resolution will contribute to a better understanding of the n
applications of these approaches in the protected areas arena.
For the proposed Rajaji National Park, there is a compelling need to clarify communities' rights of 0
use, access, and control over local resources. More transparent understanding of these responsibilities and
benefits is an important aspect in efforts to resolve both formal and informal conflicts. At the same time,
□
n
there is a need for a redefinition of priorities and a review of policies affecting the management of the park.
Ultimately, however, there is an essential need for legal reform to address issues of equity and sustainability
in the management of India's national park system.

D
References
Aziz, T. 1993. Recipe for Disaster, WWF INDIA Quarterly I Jan-Mar. LI
Guba, R. 1989. The Unquiet Woods. Oxford: Oxford University Press.

Kothari, Ashish. 1996. People and protected areas, ed. A. Kothari, N. Singh, S. Suri. New Delhi: Sage
J
Publications.

Second Citizen's Report on the State of India's Environment. 1985. New Delhi. Unpublished.
D
Singh, Chatrapati. 1986. Common PrQperty and Common Poverty. Delhi: Oxford University Press.
D
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D Appendix 1

[] Legal Provisions and Policies with Special Reference to the PRNP

Part IV of the Indian Constitution

D Part IV of the Indian Constitution contains the Directive Principles of State Policy. Many of its
Articles speak to basic environmental issues and to the status of ethnic groups; many of the articles have
immediate bearing on forest management and decision-making regarding the RPNP. However, since these

D provisions are placed within the broad directive principles of state policy, they are necessarily quite general in
character, and therefore difficult to enforce. Some of the relevant Articles include:
• Article48 A - entrusts the state with the protection and improvement of the environment and the
D safeguarding of the forests and wildlife of the country.
• Article5t A (&;}- enjoins all citizens of India to protect and improve the natural environment,
including forest, lakes, rivers and wildlife, and to have compassion for living creatures.

D • Articlet 9(1)(c)- gives the people the right to reside anywhere in the country. This article comes
into play because by disallowing the Van Guijars to reside where they want to, the state is negating the
constitutional rights of the citizens as per this article.

n • Article21 -insures protection of life and liberty. New dimensions are being revealed in the light
of the recent Supreme Court decisions. This article has now become an inexhaustible reservoir of legal
rights that ensure a meaningful life and now include a right to livelihood. The Forest Department by
curtailing the right of the local people either to the access or use of the forest resources is infringing upon
D the fundamental rights of the local people because they too have the right to life and livelihood.
• Article29 - addresses protection of interests of the minorities. Citizens residing anywhere in
India having a distinct language, script or culture have the right to conserve the same. The local
0 communities involved in the PRNP by virtue of this section are entitled to preserve their culture and
hence that includes recognizing their traditional rights as well.

D The Forest Act, 1927

The British colonial Forest Act, adopted in 1927, remains in force in modem-day India, and is still the
primary legal document which guides decision-making over forest management. Some of the more important

D sections relating to the current conflict in the PRNP include:

Section3
• No person can claim a right to private property in forest land merely because he is domiciled there.

D •
•
People have no rights over forest products.
This act assumes that common lands (including the forest and wildlife) are the property of the
government and it is therefore entitled to all forest products.

D Section4
2. The government can claim any common land as government land.
3. FSO's must issue notices of the intention of the government to declare forest land as government
property.
D ill. This section requires those laying claim to do it within the stipulated period of threemonths.
Section5

n •
•
The government can bar on all rights if they are not claimed within threemonths.
The section does not mention community rights - only individual rights.
Section64
• FSO's can arrest without warrant.
D
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Some Relevant Sections of the Wildlife Protection Act
Preamble:
for the protection of wild animals, birds and plants and for matters connected therewith or ancillary
l
or incidental thereto.
Section8
• The constitution of the Wildlife Advisory Board (WAB) applies both at the state and central level.
l
• The Indian Wildlife Advisory Board is the highest advisory body to the central government in matters of
wildlife.
• All states are to have their respective state wildlife advisory boards.
• The state board includes-such other persons, not exceeding ten, who, in the opinion of the state
government are interested in the protection of wildlife, including the representatives of tribals (not
exceeding three).
• Duties of the duties of the Wildlife Advisory Board are specified here.
Section8 <cc}
• W AB duties are explained in relation to the measures to be taken for harmonizing the needs of the
J
tribals and other dwellers of the forest with the protection and conservation of wildlife.

Though the legislature included these provisions, the fact remains that the boards do not function according
l
to this original intent. Although they are scheduled to meet twice a year, the meetings take place irregularly -
the India Wildlife advisory Board (IWLAB) has not met for the last ten years. The track record of the state
wildlife advisory boards is no better. J
Section18 -
• The State Government has the power to determine sanctuary areas. It may, by notification, declare its
intention to constitute any area other than area comprised within any reserved forest or territorial
waters as a sanctuary if it considers that such area is of adequate ecological, fauna!, floral,
geomorphological, natural or zoological significance, for the purpose of protecting, propagating or LI
developing wildlife or its environment
Section19
• The State Government must make a determination and inquiry of the existence, nature, and extent
of the rights of any person in or over the land comprised within the limits of the sanctuary.
Section20
• No rights shall be acquired in or over the land comprised within the limits of the sanctuary after a ·□
notification had been issued under section 18 except by succession, testament or intestate.
• After publication of notification, the collector is to publish in the regional language in every town
or village in or in the neighborhood of the area comprised therein as a proclamation specifying the
limits of the sanctuary.
D
• Any person claiming any right must present the same before the collector in a written form within

•
two months and include the amount of compensation requested.
The district collector has powers to inquire into claims.
LI
Section23
• The collector has the same powers as are vested in a civil court for the trial of suits. It is up to the
collector to determine the rights and he/she can either reject the claims or verify the claims. D
D
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 Section26 A
• Any alteration of a boundary of an existing sanctuary shall be made only on a resolution passed by the

n
legislature of the state. This section gives power to the legislature to just go ahead and denotify the
sanctuary without imposing any provisos on the same. This means that if the industrial lobby can
pressure, or any other lobby having more interest in the denotification of the area for their business
purposes can influence decisions, then the state legislature can go ahead and denotify the area and let

l business interests prosper. This earmarks a dangerous trend because, by "forgetting" to consider the
importance with which they originally declared the area a sanctuary, the legislature violates its own
decrees for the purpose of vested interests. Once an area is denotified the rights over the land do not

n revert back to the tribals but remain exclusively with the state government.
Section27
• This section imposes restrictions as to the activities inside a national park.

D Section35
•
•
Establishes the process for declaration of National Parks.
No rights that are allowed in the National Park areas and not even grazing is permitted as specified in
section 35(6) and (7) of the said act.
D • According to these sections without the issue of a permit no one is entitled to either remove wildlife or its
habitat or exploit the same and that if the state government is satisfied that these resources. The
overriding importance seems to be the wildlife and their habitats and not the indigenous and the local
D people who have been having a symbiotic relationship with the wildlife, forests and their habitats.

D
D
D
D
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D
D
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 D
CONFLICTMANAGEMENTIN NANGUN RIVERNATORERESERVE,
YUNNAN,CHINA l
Lai Qing Kui 1

Abstract
1
The establishment of a nature reserve in many countries requires people who have lived on these lands for many
generations to be moved outside of the reserves boundaries. The drastic action of course causes severe conflicts between
reserve managers and local communities. In the Nangun River Nature Reserve conflicts among government officials, local
communities, and individuals have resulted in damage to the resources to be protected and inefficient control of the
reserve. This paper describes the management of nature reserves in China and Yunnan in general, and in Nangun River
Nature Reserve in more detail. The paper points out various sources of conflicts and describes some approaches and
methods for managing these conflicts.

A nature reserve is an area where various important ecosystems, endangered species, and natural
historic relics are placed under protection and management. While a century ago this term was unheard of,
within the last fifty years the establishment of nature reserves has become a common method for
[I
compensating for past errors in the management of natural resources and an important step in preserving
these resources for the future. World-wide the number of nature reserves is still increasing and the area they
[I
cover is expanding. Perhaps more significantly, nature reserves are no longer the exclusive domain of national
and local governments, but are also becoming initiatives of international societies, private organizations, and u
individuals.
The establishment of a nature reserve in many countries requires people who have lived on these [I
lands for many generations to be moved outside of the reserve' s boundaries. Such drastic action of course
causes severe conflicts between reserve managers and local communities. Conflicts among governments, local [I
communities, and individuals often result in damage to the resources to be protected and inefficient control of
the reserve. Consequently, it is imperative to find new approaches for managing natural resources and nature ]
reserves.
Indeed, it is impossible to manage or protect nature reserves by alienating local communities from
lbeirDingenvironment. Gcm:mmelllSclo
nothaw:dle resources to guard nature reserves, day and night, year
D
after year, in order to protect rare or endangered species. Consequently, community forestry initiatives have
appeared worldwide as attempts to place higher priorities on participation of local people and communities.
. In Yunnan these problems are especially acute.
D
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Associate Professor and Head of Social Forestry Division, Department of Forestry, Southwest
Forestry College, The White Dragon Temple, Kunming, Yunnan 650224, China

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] The Nangun River Nature Reserve study was begun in 1995 under a program of community forestry
training and education supported by the Ford Foundation.The main objective of this study is to apply basic

D principles and methods of community forestry to the management of nature reserves in southwest Yunnan. ·
The study was conducted by three college teachers and four undergraduatestudents at SouthwestForestry

D College in collaboration with the managementstaff of the Nangun River Nature Reserve Institute. Field
surveys and farmer interviews were conducted in March and April of 1995. Researchers used participatory

D rural appraisal methods and tools such as random interviews,field surveys, key informant interviews, and
farmer interviews. Researchers conductedinterviewswith forty households chosen on the basis of various

n criteria including village location, householdsforcibly removed from the reserve, conflicts between villages
and the reserve institute, frequent hunting, fishing, and cutting activities. Interviews were also conducted with
local temple officials, school teachers,governmentofficers at village, township, and county levels, and
D various government departments includingforestry, agriculture,natural resources management,science and
technical extension, women's association,and land-use planning.
D This paper begins with a general descriptionof nature reserves and their management in China and
more specifically in Yunnan. In the second section I describe the Nangun River Nature Reserve in more detail.
D In the third part I focus on various conflicts and their causes. In the final section I describe some approaches
and methods for managing conflicts based on ideas I have gained from this workshop and from my own
0 beliefs concerning conflict managementin Nangun River Nature Reserve.

D Nature Rese"e Management in China

History and Status of China :t Nature Resenes

D China lies in the eastern sector of the Eurasian continent at 49 degrees latitude and 60 degrees
longitude, with a total land area of approximately9.6 million km2, of which two thirds is mountainous. Due to

D its vast territory, and complex and varied topographicaland climatic conditions, China has a uniquely rich
flora and fauna and a wide range of plant and animal communities. Many parts of China thus provide first­

D rate conditions for the establishment of nature reserves.

It is now known that China possesses 27,150 species of higher plants, falling into 353 families and

n genera, of which 190 are peculiar to China. In China, there are approximately 414 species of animals, 1,175
species of birds, 196 species of amphibians, 315 species of reptiles, and over 2,000 species of fish,

D accounting for about 10 percent of the world's total.

Possessing a rare galaxy of natural treasures, China has tremendous scope for establishing nature
reserves. However, it was not until the 1950s that China began to form a conservation strategy, adopted the
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first natural protection policy, and began to build nature reserves. Conservation work proceeded slowly. Ten
years after the establishment of China's first nature reserve in 1956, only nineteen reserves had been set up.
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Because of well-known disturbances in the 1960s and 1970s, China's conservation work was disrupted and­
some nature reserves were badly damaged. The managementand organization of China's nature reserves have
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steadily improved since the end of the 1970s.Nature reserves in China have been established independently
by national, provincial, and prefecture or county level governments.In 1981 there were a total of seventy six
nature reserves, and by late 1986 this figure had more than quadrupled to an official count of three hundred
thirty three reserves, including thirty national reserves,covering a total area of 19.33 million hectares. By late
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1995, the numbers of reserves and protected parks exceeded seven hundred and covered 5.54% of the total
land area. On the basis of conservation plans in individual provinces, it is predicted that by 2000, China will l
have over five hundred nature reserves.
Organization and Regulation of Nature Reserves J
As early as 1950 the Ministry of Forestry promulgatedpolicies giving priority to forest conservation
and calling for closing certain hillside areas for afforestation.In this way, forest conservation broke the I
ground for China's efforts to develop nature reserves. But for reasons already mentioned, it was not until the
mid-1970s that the Chinese Government was able to promulgate a new set of laws and policies giving
priority to nature conservation. In 1979 the Forestry Law of China was passed at the Fifth National People's
Congress. Also in 1979 a meeting was convened for designating nature reserves. In December 1982 the Sixth
National People's Congress of China passed a revised Constitution that included specific clauses on the
protection of nature. This constitution states, "the State ensures rational use of natural resources and protects
rare animal and plants. The appropriation of or damage to natural resources by any organization or individual
by whatever means is prohibited." In 1980s the Ministry of Forestry promulgated regulations for protecting
rare and endangered wild plants and animals.
n
In order to manage nature reserves, national, provincial and prefecture level governmentsestablished
reserve offices or divisions under the leadership of the forest departments at the various levels of government,
n
and each nature reserve established its own organization.Meanwhile, forestry universities or colleges
established forestry protection or nature reserve departments and some subjects relating to forest and reserve
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protection and management. These subjects are now required of all forestry students. Some research institutes
and international organizations are also engaged in research on the management, documentation,and
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utilization of nature reserves.
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 Nature Reserve Management_inYunnan
The province of Yunnan is located in southwestern China and is bordered by Guangxi, Guezhou,
Sichuan provinces and Tibet autonomous region in the east, north, and west; and by Vietnam, Laos, and
Burma in the south and southwest. The province covers an area of 394,000 km 2 of which 94% is
mountainous; it is divided into 15 prefectures and 127 counties or municipalities. Elevation ranges from
6,740 min the northwest to 76 min the southeast. Most areas are about 2000 m above sea level. On the

D whole the province is like a large slope declining from the northwest to the southeast. Five large and famous
rivers flow through Yunnan to others provinces or bordering countries. The population of 40 million people

D includes members of 26 ethnic minorities.

Yunnan receives rainfall from both the Indian monsoon and the Pacific monsoon. This fact and the

D rugged topography account for the distinct climatic condition found throughout the province resulting in
nearly all types of climates from tropical to arctic. In general, most areas have subtropical weather with two
seasons: a dry season from November to May and a wet season from May to October. In the southern part of
D the province and in some river valleys tropical and arid or sub-arid climate types can be found.
Th~ diverse topography and weather conditions provide habitats for various species and vegetation
D types. According to preliminary surveys, Yunnan, with over 15,000 species of higher plants, accounts for
over one half of the country's total. There are over 160.rare or endangered plants. There are also more than
13,000 vertebrates, 13,000 insects, 250 animals and 766 species of birds which again account for over one
half of the country's total population. Therefore, Yunnan (see figure 1) has a well-deserved reputation for
being the botanical and animal kingdoms of China.
One hundred and five nature reserves have been established in Yunnan covering 5.3 % of the area of
the province. These include 5 national reserves: White Horse Snow Mountain, Gaoligong Mountain, Ailao
Mountain, Xishuangbanna, and Nangun River. Habitats protected in these reserves include tropical rain
forests, sub-tropical evergreen broadleaf forests, rare and endangered animals, alpine-coniferous forests,
special geological section and geomorphological features, plateau lake, and historical and cultural relics.

D The province has established a comprehensive office of nature reserve management in the
Department of Forestry. Similarly, nearly all prefectures and a majority of counties have established nature

D reserve offices and appointed staff members under their forestry bureaus to enforce national and local policies
and regulations concerning wild and rare plants and animals, nature reserve management, rare and endangered

n species, etc. These offices have also been charged with resolving disputes with surrounding communities or
local people engaged in cutting, pasturing, collecting non-timber products, and hunting in these nature

[I reserves.

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l Nangun River Nature Reserve
Nangun River Nature Reserve lies on the upper reaches of the Nangun River in western Cangyuan

D V azu Nationality Automatic County in the southwest portion of Yunnan and only five kilometers from the
border between China and Burma (Figure 1). The reserve includes tropical monsoon forests and is the home

D of Asian elephants, tigers and other rare wild animals. In 1980 an agreement between the provincial and
central governments set aside an area of 7,066 hectares as a core reserve for the protection of these species.

D In general, the complex topography of the reserve is defined by mountains in the east, north, and
west, with rivers flowing from north to south, and elevations ranging between 520 to 2,605 meters. Due to the
influences of topography and the Indian monsoon, climatic conditions in the reserve are characterized by
D distinct dry and wet seasons, high annual rainfall and humidity, and tropical temperatures with little
difference throughout the year. These conditions result in an area with many rare and endangered plants and
D animals. Based on a comprehensive investigation in 1995, there are over 1600 plant species and more than
600 animals including birds. There are approximately 100 rare and endangered plants and animals such as the
D Asian elephant and tiger.
Socioeconomic Status of Su"ounding Communities
D Three townships, Banhong, Banlao, and Nanla, surround the reserve and eleven administrative
villages are in close contact with the reserve. These villages include 59 cooperatives, 2,100 households, and a

D population of 11,600 people. Approximately 90% of the population belongs to the Vazu nationality with the
remaining being ethnic Han Chinese. Approximately 80% of the population are Hinayana Buddhist and most

D villages have a Buddhist temple. In 1994, net grain production and income figures were approximately 321
kg/year/person and 40 US$/year/person. This compares with a county wide average of 375 kg/year/person

D and 50 US$/year/person. Roads built in the reserve proceed through these villages and are passable in the dry
season.

0 Land-use and Tenure in Su"ounding Communities

Three types of land use tenure can be found near the reserve. These include state, collective, and

D individual. Lands devoted to paddy, cash-crops, and some individually managed forests belong to individuals;
lands devoted to swidden fields, open- and closed-canopy forests, and pastures belong to collectives; and a

D limited amount of forests outside the nature reserve belongs to the state. Survey results from four villages
suggest that since the establishment of the reserve an average household has access to approximately 0.05
hectares of paddy and 0.2 hectares of uplands for swiddening, livestock, and homegarden purposes.
D Swidden cultivation, or slash-and-bum, is the main cropping system found in communities near
Nangun River Nature Reserve. According to interviews, most villagers grow upland rice or maize for 1 year
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and then fallow the land for 3 to 5 years before cropping it again. But in villages with scarce land resources or
fertile lands, some farmers grow beans, sesame, perilla seed, or maize in the second and third years. Swidden
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lands are managed by the head of the village cooperative who makes decisions where and how much land will
be cropped each year; he also distributes land among villagers according to the number of laborers in each
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family.
The main cash crops grown around the reserve include tea, trees for shellac or lac, sugar cane, and
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rubber. Other cash crops include banana, pineapple, sesame, perilla seeds, herbs, and beans. Among these,
tea and shellac trees are managed by individuals and provide the main source of cash income. Production, J
however, is low due to few inputs and poor management. Sugar cane plantations and rubber plantations are
managed by the collectives and are located near good transportation systems. 0
Homegardens are major sources of vegetables and animal fodder. Vegetables change according to the
season and are managed intensively. Most homegardens include some fruit trees such as banana, and mango, 0
as well as fodder trees planted along garden boundaries.
The fallowed swidden fields as well as newly regenerating forests provide excellent pastures. Vazu D
people like to graze livestock, especially cows and buffaloes, in these areas throughout the whole year.
Villagers take care of their own livestock. D
While technically forests account for 60 to 70% of the total area of the townships surrounding the
reserve, actual forest cover accounts for only 20% of the land base.
Traditional Management of Forest Resources
0
Local farmers have traditionally had 3 methods for managing forest resources. These include sacred
trees, holy mountains, and closing mountains to logging and fuel wood collection. V azu people worship
D
natural materials such as earth, moon, stone, water, fire, trees, and animals. For example, all fig trees, tall or
short, are considered sacred and are protected with special fencing; they are worshipped whenever the village
D
or family has a special activity or festival. There are also patches of dense forests around each village called
"holy'a ~mgpn• mountains. Tbmepatches are protected by villagers and are not logged, used for fuelwood,
D
or grazed. Otherwise, the 'dragon mountain' will punish the whole village. A 'closed mountain' is used by
individual villages to accelerate the revegetation of fallow swidden fields. In addition, most Vazu villages
D
have informal and unwritten regulations for regulating logging and fuelwood collecting.
Forest Resources UtiliZJZtion 1
In general a family of 3 to 5 people needs 4 to 5 pai or 5 to 6.5 m 3 ( 1 pai = 1.28 m 3) of fuelwood per
year. Farmers collect local species of wood, which they claim have higher temperatures and less smoke, from D
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D collective and individually held forest lands in the dry season from November to March. Farmers sometimes
also gather dry wood in the reserve.

] House-building is the other major consumer of wood. According to the survey, a V azu style house
requires 40 to 50 m3 of timber and bamboo which also comes from collective and indi".idually held forest

D lands. Bamboo is used for making tools and bamboo shoots are a source of food.
In the dry season (March to June or July) some families have consumed all their grain supplies and

D are forced to collect food from the forest or nature reserve. Foods collected include perennial bean flowers,
wild cassava, woody tomatoes, wild fruits, edible fungi, wild taro, etc. Some farmers hunt wild rabbits and
birds outside of the reserve. During the rainy season (normally from June to August) V azu families go to the
D reserve and dense forests to pick wild bamboo shoots that they pickle for use around the year.
In the dry season, Vazu people often collect leaf fodder for their pigs from the collective forests and
D nature reserve. This fodder includes wild banana stems, cassava, tree leaves, wild taros, fruits, etc. Forests are
also rich in herb species used for making medicine. Most V azu people, especially old men, can recognize
D many medicinal species used to cure common ills.
Survey results suggest that in villages with poor transportation systems, income from tea and shellac

D accounts for 50 to 60 % of total family income. In villages with good transportation systems these products
account for 20-30 % of family income. In some villages, farmers plant shellac insects in trees in February and

-0 March, and then harvest the shellac in September or October. In other villages, farmers pick wild mushroom,
edible fungi, and medicinal plants from forest lands and sell these products in the local market.

0 Formal Management of the Nangun River Nature Reserve

The Institute of Nangun River Nature Reserve (INGRNR) was established in 1980 by the provincial

0 government. It is administered by Cangyuan County, and the local townships, and managed by professional
staff from the forestry bureaus of county and prefecture level governments. INGRNR has 52 staff members,

0 including 2 engineers, 6 professionals, and support staff belonging to 6 offices and 6 conservation sections.
These include general, animal, botanical, forest enforcement, finance and accounting offices as well as the

0 local police station. These 6 stations are located in separate buildings within the reserve area (Figure 2).
The institute' s main task is to execute central and provincial level policies, laws, and regulations

D concerning nature reserves, wild plants and animals protection, and to make villagers in the surrounding
villages aware of these regulations. The institute deals with cases of villagers using forests, conducts surveys

D and research, and works with the introduction or domestication of species based on local conditions. Different
conservation stations of the Institute are engaged in guarding different areas of the reserve, and preventing
local people from hunting, gathering fuelwood, logging, and swiddening in the reserve.
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• •
-
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--
~

I-
-.••
.--
•·············· village
*··············township
• · ···· ····· ·· ·· reservesection
...._ ·· ··· ········· conflictsvillage
--• ..... .... tractorroad
--,-- ......... reserveboundary
..,L_ ···········stream
Figure2: SketchMap ofNangun River NatureReserve

c:::J c:::J c::: c:::J c:::J c::::: c::: c:::i c:::J c:::J c::::::J ::::::I c::::::J ==:J !=:! .__, r --, -..I
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D .Conflicts in Nangun River Nature Reserve
Conflict is an integral part of the human condition. Without conflict there can be little change and

D development. Due to difference in social, economic, and cultural values people have different understandings
and perceptions of conflicts. These generalizations are also true of conflicts over the use and management of

n natural resources. A sound approach to resource management conflicts must be based on an understanding of
the context and causes of the conflicts . In this section I will discuss several different causes of conflict in

0 Nangun River Nature Reserve.

National IAws on the Regulation of Nature Reserves

0 According to the Chinese Forestry Law, the Regulations for the Management of Nature Reserves,
and the Regulations for the Protection of Rare Wild Plants and Animals, nature reserves are protected areas in

n which human subsistence activities are strictly prohibited. Nature reserves are recognized as protected areas
in which reserve institutes substitute for local governments and assume responsibility for implementing

0 national, provincial, and local policies, laws, and regulations. Nature reserves are consequently managed in a
centralized 'top down' fashion by the nature reserve institute regardless of the traditional needs, rights, or
uses of the surrounding communities. In China, there are many examples of households being forcibly
D removed from the lands where they have lived for generations to new settlements outside of the reserve's
boundaries.
D Nangun River Nature Reserve was established in 1980 on lands occupied by villagers . The
boundaries of the reserve consequently run through two villages and include the agricultural lands of several

0 other villages (Figure 2). Because farmers continued to grow agricultural crops within the boundaries of the
reserve as well as to collect non-timber forest products and to graze livestock on these lands, conflict was

D inevitable. In 1984 the local government and the reserve institute adjusted the boundaries of the reserve (in
the south and southwest comers of the reserve) based on suggestions made by the local communities. But in

0 the eastern and northern parts of the reserve, the boundaries were not changed. Until now some farmers
continue to plant rice and cash crops, and to collect forest products within the reserve. Boundary conflicts are

D becoming more intense and the reserve institute is frequently requested to adjust the boundaries of the
reserve.
;,
Basic Needs and Subsistence Agriculture
L1 In most of China two laws, the "Household Responsibility System" in agriculture and ''Two

0 Mountains Responsibility" in forestry, have been implemented since the beginning of 1980s. These laws have
given individual households a much greater degree of con~l over agriculture and forest lands. In the Nangun

D River area, however, with the exception of a limited amount of paddy, tea gardens, and forest mountains,

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most land is still controlled by collectives. Hence, farmers do not have the right to manage and plan how they
will use their swidden lands. Consequently, vast areas of swidden fields are becoming bare and only a small
1
proportion of the land is forested.
In addition, since the establishment of the reserve and the reduction of available lands, pressures on
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arable lands and forests have increased. Indicators of land degradation include lower rice yields from upland
fields, shorter fallow periods, and depleted forest coverage and forest quality. Local farmers are well aware of
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the degradation of their swidden land. In the past, when a track of mountain was burned, farmers worked 2 to
3 days to remove the remaining trunks and branches before sowing. But today this is no longer necessary
]
because trees do not grow more than 5 meters high. Upland rice yields have also been greatly reduced.
Because of over-exploitation of forests resources and illegal cutting, some rare or endangered plants like
Antiaristaxicariahave disappeared. Soil erosion and landslides have occurred on both arable and sloping
lands.
The farmers we interviewed reported that before the advent of the nature reserve most of the villages'
paddy fields were located on the lower slopes along streams and river banks. But now farmers are not allowed
to grow crops in these areas. Farmers have thus been forced to grow more upland rice and maize on steeper
slopes. In addition, due to increasing population and reduced land holdings, villagers have been forced to
shorten the fallow period. This has resulted in both lower production and less sustainable agriculture. During
the 1950s and 60s, these lands produced 300 to 400 kg/mu (4.5 to 6 tons/ha) and the fallow period was J
approximately 13 to 15 years. Even at the beginning of the 1980s, these lands produced 250 kg/mu (3.75
tons/ha) with a fallow period of 7 to 9 years. In the late 1980s and early 1990s, upland rice production was
150 kg/mu (2.2 tons/ha) and the fallow period was shortened to 5 to 7 years. But by 1995, rice production
D
was only 100-150 kg/mu (1.5 to 2.25 tons/ha) and the fallow period was less then 5 years.
·□
Modem agricultural technologies can increase agricultural production. In Nangun River, local
government officials and county agricultural extension agents experimented with high yielding rice varieties
as well as improved upland rice and maize seeds in 1985 and 1986. After that, however, these varieties
D
disappeared because local farmers did not like and could not afford to purchase seeds and fertilizer, and
extension agents did not like to visit the area, particularly in light of its distance from the market and the poor
D
transportation system. Agricultural extension agents continued to conduct training, demonstration plots,
consultation, and other services in all areas of the county except the three northwestern townships near the
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reserve up until 1995.
Farmers in Nangun River exploit forest resources outside the reserve area for fuelwood and house 0
building purposes. These uses of forest resources have caused the disappearance of forest lands and the

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D reduction of forest quality. According to interviews with old men in the villages and with officers in the
township forestry bureaus, in the 1960s and 70s dense forest covered 20 to 30% of the area and big trees

D could be found everywhere. Today the only remaining forests are the 'dragon mountains' and individual use
forest mountains. Secondary forests, open-canopy forests, and shrub account for 20% of the total land area.

D Given current fuelwood and timber consumption rates, all forests outside of the reserve will soon be depleted.
Already as of 1995, 6 cooperatives under two administrative villages had serious fuelwood problems, and

D approximately 20 cooperatives face a potential fuelwood crisis. Most villages lack "high quality" timber for
house building. Housewives and school children collect dry fuelwood both inside and outside the reserve all
year round; men also gather dry fuelwood in the reserve in three or six month intervals.
0 The forest plays important roles in these local communities. In our interviews, farmers placed the
highest priority on developing forest products, especially non-timber forest products such as cash and fruit
D trees plantations, mushrooms, and livestock fodder and grazing (cows, buffaloes, pigs). Because of the high
labor and capital requirements of tea gardens and pig raising, most farmers prefer to invest in fruit trees and
0 other cash crops such as sugar cane, shellac trees and others. Because of the poor transportation system,
distance to the market, and limited sources of cash income, there are no local buyers for these products, even

D at the lowest prices. When outside middle men come to buy products, people with access to information
(usually village headmen) take advantage of the situation to buy up the products at low prices. Families who

D have been cheated are angry and prefer to leave fruits to rot, or to be used for pig food.
On the other hand, the establishment of the reserve has protected this land from human activities .. he

D reserve provides safe habitat for various plant and animal species and the population of some species has
increased. According to surveys conducted in the Nangun River Nature Reserve, most former swiddens, grass

0 lands, and open-canopy forests are again becoming closed-canopy forests. Consequently the deer, bear, and
wild pig populations have been growing rapidly. For example, in 1981, the deer population was 30 animals,

0 but by 1990 this had grown to more than 200 animals. This success, however, has increased conflict with
local villagers. Since little grass and other leafy plants grow under the closed-canopy forests, wild animals

D have been causing greater damage to the crops grown outside the reserve. Statistics collected by the institute
between 1981 and 1994 suggest that crop losses due to damage caused by elephants, deer, and tigers reached

D over 7.49 million kg and more than 600 cows and buffaloes had been killed.
This is a key point of conflict between the reserve and local people. Farmers argue that if "we go to

D the reserve and take anything it is illegal and we are punished by law and regulations, but how about wild
animals from the reserve? They gnaw and damage our crops and livestock. Do our lives have less value than
the lives of wild animals."
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Since the mid 1980's the reserve institute has compensated villagers for losing crops and livestock
due to elephants, deer, and tigers outside of the reserve at the rate of 0.34 yuan/kg of rice (approximately
$.04/kg), and 60 yuan/head of cattle (cow or buffalo) (approximately $7.40). Calculation of this
compensation has caused heated conflict with the community regarding the limited scope of compensation,
low price, and long delay. In fact, monkeys, wild pigs, brown bears, and other wild animals often cause more
damage than elephants, tigers, and deer. Since the rate of compensation was established in the mid 1980s,
inflation has caused the price of all items to increase several times over. But the rate of compensation paid to
farmers for their lost products has remained fixed.
I
Administrative Structure of the Nature Reserve
INGRNR is administered by many departments at different levels of government (Figure 3). This D
results in confusion regarding who is in charge of what. INGRNR, county forestry bureaus, local townships,
and the nature reserve management offices in the prefecture forestry bureaus are at the same administrative D
level, and all of the Institute' s expenditures including staff and hired laborers salaries, reserve management
expenses, routine costs, and compensation payment for animal damage come directly from the Nature D
Reserve Management Office in the Department of Forestry. To accomplish a simple task, INGRNR needs the
consent of all these departments- making decision-making a very slow process. Activities that fall between
the cracks of the various players are particularly difficult to act on. One of the first changes that needs to be
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made to improve INGRNR is to clearly delineate the duties and responsibilities of each department. D
Currently a staff of 52 people ·serve at the reserve institute. Of these, two are engineers, three have
technical training in forestry, and the rest have high school level education. Most staff members do not have D
any knowledge of environment, plants, animals, or forestry . How are these people to work or to conduct
surveys? What training do they have to work with local communities and to communicate information to
them about environmental protection techniques and extension?
D
Many policies, laws, and regulations exist to protect forests, wild species, and nature reserves, but
this does not mean that all these laws and policies work well or are understood and implemented by reserve
D
staff members. Even though the reserve institute has hired staff to explain and enforce these laws and
regulations in the surrounding villages 2 to 3 times a year, many cases of illegal cutting, hunting, and fishing
D
(bombing, electrocution) occur. For example, in 1994 there were 8 cases of killing deer, 18 cases of bombing
or electrocuting fish, and many cases of illegal tree cutting. With the assistance of the local government, the
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institute has implemented fines of 100-200 yuan for illegal cutting of trees over 30 cm in diameter; 200-500
yuan for killing deer, etc. But because these fines are low and poorly implemented, even these fines are
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seldom imposed.
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Central Government

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Offices
Speciment
MngtRooms
Forest Enforcement
Management Offices
Six Reserve
Stations

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0 Figure 3: Diagram ofNangun River Nature Reserve Administrative System

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Considering the dense-population and high frequency of illegal use of the reserve, some
people--outsiders, local people , communities leaders, and even institute staff members-suggest that the
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institute should give each village the right to manage designated areas of the reserves. But because of the
nature reserve' s top-down management style as well as national policies and regulations, these excellent
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suggestions have been rejected by the institute.

Managing Conflicts in Nangun River Nature Reserve

It is impossible to ask local farmers to protect the nature reserve and not allow them to meet their
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subsistence needs for food, fuelwood, and fodder. To effectively protect the reserve and its rare and
endangered species, it is necessary to place the highest priority on meeting the subsistence needs of the D
surrounding communities. More attention must be paid to identifying the causes of conflicts and the means of
resolving them . All of these conflicts, whether among communities, or between communities and the reserve D
institute, must be understood at the policy level, institutional level, and resource use level. Of course this is a
long and difficult task. The following are a few ideas for identifying and resolving these conflicts.
Balancing Power
□
In China, nature reserve institutes have higher position and more power for dealing with disputes and D
issues than do local people. Nature reserve institutes only consider how natural resources are protected from
damage, and they ignore local living conditions. They regard local farmers and communities as the cause of
all their problems. On the other side, local communities often keep quiet and obey decisions because of their
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lower position, power, and understanding. Thus there are no discussion or consensus-building efforts among
the involved parties and one-way decision making is the nonn. But when the institute's officers leave for
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home, local farmers return to their original life style.
To resolve conflicts in nature reserve management, the highest priority must be given to balancing
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power to make decisions affecting land use among all parties. Officers of the reserve institute at different
administrative levels and in local governments need to change their ideas, discarding their 'top down'
D
management style, and pay more attention to local farmers and communities-their interests, rights,
positions, and living conditions. Only when relationships are improved and equal among all parties and
D
voluntary participation-including consensus-building, conflict information gathering, group discussion and
decision making-are provided, can the negotiation and process of collaborative conflict-solving be reached. D
Third Party Mediator
In traditional dispute resolving process it is very difficult or impossible for the adversarial parties to D
talk face-to-face or to discuss their conflict together at a table. To seek a mutually acceptable resolution of

130
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0
LI
l
D their conflict requires a new party called a third party to reduce tensions and to help the conflicting parties to
reach agreement on a process for addressing their disputes. This third party is not only a negotiator, mediator,
and intervenor but also needs to be a facilitator, extension agent, and consultant. The same situation exists in
China's reserve management system. In order to resolve disputes and to reduce tension among government
departments, local communities and reserve institutes, it is necessary to identify a neutral mediator or third
party to communicate between the communities and the government. This neutral mediator could be a
research institute, university, or individual. Research institutes or universities not only negotiate and
D communicate among people in the reserve institute, government offices, and local communities, they may also
influence the government's decision making process, and they have rich experience and personnel capacity to
D conduct suitable demonstrations, extension and training in order to improve the productiv1ty of different land­
use systems and to improve the living standards of local communities.
D Strengthening Local Capacity
To increase farmers' incentive for participating in managing and protecting nature reserves, it is first
D necessary to improve their living standards by helping them to meet their basic economic, ecological, and
social needs. In Nangun River Nature Reserve, most land-use systems are characterized by low inputs

D (capital, technology, and labor), high population density, low productivity, and poor sustainability. Local
extension agencies such as the county's agricultural, cash crops, and forestry sections, and other outside

n agencies should focus their attention on improving the productivity and sustainability of la~d-use systems in
and around the reserve. The effects of high quality seeds, inputs such as fertilizers and pesticides, and

D intensive land management should be demonstrated through extension, education, and training programs.
In the remote country side, most farmers do not clearly understand national, provincial, and local

0 level policies, laws and regulations on forest management, nature reserves, and rare and wild plants and
animals. It is important and necessary to promote farmers' knowledge of these laws and regulations through

D training and outside study progr_ams.

In general, local communities often lack strong internal organization because of their spatially
dispersed nature. Many villages do not have a clear process for choosing individuals to represent them in
negotiations. Hence, in the end, different parties may not be able to choose anyone in time to join the dispute

D resolution process, thereby missing crucial opportunities to have input on how the process will be organized.
This problem can be avoided by encouraging farmers to establish their own organizations on the basis of
community interests, and to choose representatives to negotiate or exchange information with the reserve
D institute or the third party.

□ 131
 I
Policies, Regulations, and Decentralized Decision Making ]
Current laws and regulations on the management of nature reserves seek to protect resources through
prohibiting human activities and by using employees of the reserve institute as a police force. This situation
results in acute conflicts between reserve institutes and surrounding communities. In addition, if fruits, nuts
1
and other products of the reserve are not utilized they rot or are damaged. And as we have seen in Nangun
River, wild animals protected by the reserve cause damage outside of the reserve. This situation is full of
J
conflict but it would appear there may be some room for resolving conflicts through investing communities
with management responsibilities in exchange for restricted harvesting rights.
J
On the other hand, under the Chinese government's market economy policies implemented since
1992, reserve institutes have been under pressure from local governments to open the reserves for ecotourism. l
Consequently, many large construction projects including roads, hotels, and ropeways have been built. This
causes new sources of pollution and noise and results in new pressures which decrease forest coverage and l
increase the rate of extinction of rare plants and animals. In cases like this local communities, interested in
protecting their resources, are placed in conflict with the government's development plan. Jizu Mountain
Nature Reserve in Bingchuan county, southwestern Yunnan is an example of this type of conflict.
□
While it is very difficult to change current laws and regulations on nature reserves and rare wild D
plants and animals, it is imperative to improve current regulations so as to increase their efficiency. No doubt
it is important to strengthen regulations on rare and wild species and on the protection of endangered species, D
but more attention must be given to regulations which provide for reasonable utilization of resources,
improvement of management methods, and development of nearby communities ..
One means of achieving this goal is to decentralize control over the reserves by giving local
□
communities legal rights to protect and manage portions of the reserves in exchange for harvesting privileges.
While the reserve institutes must follow national and provincial policies, laws and regulations, the reserves
D
need the freedom to make regulations that give incentives to nearby villages to participate in reserve
management, and that do not place local communities and the reserves in adversarial roles. For example, in
D
□
Nangun River Nature Reserve, INGRNR should be able to make contracts with local communities that
provide routine compensation to villagers for losses of crops and livestock to wild animals in a fixed manner
and time. Under the guidance of the reserve institute, each village should be able to make its own regulations
for the management of livestock. In this way not only is the relationship between the institute and villages
D
improved, but each village will also be more clear about their own responsibilities. This may encourage
villages to participate in the management of the reserve and assist them in improving their methods of raising
D
livestock.
J
132

D
n
n
D Suggestionsand Conclusions
Nature reserves are one of the main methods available for protecting natural environments, rare or

n endangered plants and animals, and natural landscapes; they are also important places for research, for
introducing and domesticating new species, and for developing ecotourism. But when an area is designated as

0 a nature reserve, the rights of the inhabitants living in and around the reserve, and their potential both for
positive action (management) and for negative actions (conflicts) should be taken into consideration. Nature

0 reserve institutes, as an arm of the government, are responsible for managing the reserve and for executing
government policies, yet they also need to focus on resolving economic, ecological, managerial, social, and

n legal conflicts with neighboring communities in a more rational manner. Reserve institutes need to place their
highest priorities on improving the living conditions of the people living in and around the reserves and not

D only focus on implementing national and provincial laws and regulations about rare and wild plants and
animals. Reserve managers should pay more attention to developing methods of utilizing natural resources in
their reserves in ways that benefit local villagers. These are new challenges to reserve and natural resources
D managers. The following suggestions are made with regard to resolving conflicts in Nangun River Nature
Reserve.
D Set up a Coordinating Body for Nature Reserve Management
In order to preserve rare and wild plants and animals while encouraging nearby communities to

0 participate in the management of nature reserves, a coordinating body needs to be established among the
diverse stakeholders (i.e., INGRNR, county governments, township governments, nearby villages, offices of

D nature reserve management at provincial and prefecture levels, outside third parties, and other relevant county
level departments) . This body should assist INGRNR to clarify its objectives, to make plans, and to

D implement these plans.

Encourage Su"ounding Communities to Participate in Reserve Management

0 A few suggestions for encouraging villagers to participate in reserve management include giving
them responsibility for protecting portions of the reserve in exchange for harvesting rights, providing

D villagers with better extension services on new seeds and other agricultural inputs, establishing a system for
periodical exchange of agricultural information, establishing cross visits and study tours with villages in other

D . parts of the country located near nature reserves.

Develop Integrated Long- and short-term Development Plans

D In order to improve the socioeconomic conditions of local villages and to engage villagers in
managing the reserve, it is necessary and important to develop programs in sustainable land use, agriculture,
'\

0 forestry, processing of non-timber forest products, etc. Meanwhile, activities such as sustainable utilization of

133
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natural resources, watershed management, and protection of wildlife and biodiversity should be considered.
An integrated development plan, outlining in detail the actions of various stakeholders, should be developed
in cooperation with surrounding townships and villages. This activity should be led by officials of the county
government and the reserve institute, and should be assisted with coordination from outside parties and the
cooperation of the county departments of land management, agriculture, forestry, and commerce.
Strengthen Training and Extension Activities
Local extension sections in agriculture and forestry and the reserve institute should pay more
attention to improving the productivity of the farmers' limited land resources, and the efficiency with which J
natural resources are utilized. This includes improving cropping methods, quality of seeds, cash trees and
livestock management, and management skills of land-use systems. Two or three villages should be chosen ]
for demonstrating techniques of mountain development and successful interventions should be extended to
other villages. D
Develop Local Resources
The Nangun River area is rich in flora and fauna resources. Within the requirements of protecting LI
nature as well as traditional V azu cultural and life style, development activities such as ecotourism and the
processing of wild plants and animals should be encouraged in order to transform local resources into
economic advantages for villagers.

Acknowledgments
n
This paper could not have been written without the help and support of many agencies and individuals. The
author would like to thank the Ford Foundation,Beijing, for supportingour institute to strengthen personnel capability, LI
conduct community forestry educationand training, and to conduct case studies in the field. Special acknowledgments
are given to Program Officer Mr. Jim Harkness.He has given a lot of his time and support to our program, as well as
creative suggestions for our works. My thanks are also give to the coordinatorof this workshop Dr. Jefferson Fox. He
gave me a good chance to enrich my knowledgeandto probe a new approachto nature reserve managementin China.
D
Meanwhile he patiently reviewed this paper. I am also very grateful to Mr. Lawrence Fisher for his time and useful
suggestions on reading materials, discussionpapers, and for his wonderful presentations.Many thanks are sent to Dr.
Carolyn Cook, June Kuramoto, and others at the Program on Environment They provided excellent support and a
comfortable environment for this workshop.Finally, I would like to acknowledgemy colleagues at SouthwestForestry
D
College, They provide their time and support to conduct this work.
D
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11
 1

D References

Akama, J. S., Lant, C. L. and Burnett, G. W. 1995. Conflicting Attitudes Toward State Wildlife

l Conservation Programs in Kenya. Society and Natural Resources 8:133-144.

Crowfoot, J.E. and Wondolleck. 1990. Environmental Disputes: Community Involvement in Conflict
] Resolution. Washington, D. C.: Island Press.

Diji Chandrasekharan. 1996. "Addressing Natural Resource Conflicts through Community Forestry: The
Asian Perspective." Working paper for the E - Conference: "Addressing Natural Resource Conflicts through
D Community Forestry."

Lai, Q. K. 1995. Case Paper: Status of Land Use and Utilization of Non-timber forest Products in
D Surrounding Communities of National Nangun River Nature Reserve ( in Chinese).

Li, W. H, and Zhao, X. Y. 1989. Chinas Nature Reserves. Beijing: Foreign Languages Press.
D Lim Teck Ghee and Valencia M.J. 1990. Conflict over Natural Resources in South - East Asia and the
Pacific. United Nations University Press, Oxford University Press.
0 Pendzich, C., Thomas G. and Wohigenaant. 1994. "The Role Of Alternative Conflict Management in
Community Forestry." Forest, Trees and People Program. Phase II, working paper No. 1 (September).

D Yan Xun. 1996. Status, Problems, and Objectives in the Development of Chinese nature Reserves. Chinese
Environment and Development: Wildlife Conservation and Management in China 6 (4) Winter 1995-1996.

Zhang Yongzu. 1994. Protected Areas in China, With Emphasis on Conserving Mountain Biodiversity.
East - West Center Working Papers. Environment Series: No. 37 (September).

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□
NESTED DISPUTES:PROMOTINGA STRUCTURALMEDIATIONPROCESSFOR
THE PUNAN AND BENTUANGKARIMUNNATIONALPARK, WEST KALIMANTAN

Mering Ngo 1
]
Abstract
This paper examines the growing conflict over swift nest collection and control, and its economic importance for the
Punan in Kalimantan's Bentuang Karimun National Park. The park has been conceived as an integrated conservation
and development project (/CDP), and it is the first trans-boundary reserve in Indonesia. Three actual cases are provided
l
to illustrate the dynamics of the conflict over the exploitation of swifts nests. Each case is analyzed in light of kinship and
power relations involving the interests of short-term profit seekers from outside the two hamlets. The paper concludes
by proposing structural interventions and action-oriented resolutions to be adopted in the planning process and in the
]
development of the park. A committed third party will be important in strengthening the negotiation skills of the Punan

□
and park personnel Additionally, the design of a comprehensive mediation process should be linked to the formation of
a working group on bird nest management. This group should gradually promote a design of community-based swift nest
management based on both traditional "ethic of access" (molong) and rotational collecting principles. Management
should include a new institutional a"angement of rules, regulations, and their enforcement. If these steps can be
accomplished, it will foster both the welfare of the Punan communities and greater sustainability for the long-term
management of the park.
D
Increasing demand for swift nests (CollocaliasppA)at international markets has significantly D
stimulated ~orest-dwelling people in Kalimantan to collect this non-timber forest product. These nests are
traded for food and medicine more frequently than in the past because of the higher rates of consumption and D
higher prices in regional markets. Because of this high demand for swift nests, the Punan of Kapuas and
Bungan Rivers are in a dilemma over the issue of ownership and control of this commodity. Conflict D
regarding management and collection not only appears within communities but also between the Punan and
traders, middlemen, and government and military officials. 0
This paper examines the growing conflict over swift nest collection and control, and the importance
of bird nest collection for the Punan. The relevance and magnitude of the study are not limited to nest D
collecting and trading conflicts, but also to many other resource development and management disputes in the
tropical rain forest of Borneo. These lessons also apply to situations where resource extraction, encouraged 0
by the outside world, is, by definition, likely to be development in the interests and control of the outside
world. This was evident in the vanishing of the famous Borneo rhinoceros.
The data for this paper is based on research undertaken for the development of Bentuang Karimun
0
National Park, West Kalimantan, as an integrated conservation and development project (ICDP) and
D
D
1
Project Anthropologist, Wotld Wide Fund for Nature/Indonesia Programme. Pontianak, West Kalimantan,
Indonesia
D
136

D
D
fl

n trans-boundary reserve.2 Studies in biologicaldiversity, forest ecology, resourcemanagement,and regional

planning for park development are now being undertakenby the World Wide Fund for Nature/Indonesia

n Programme {WWF/IP). It is anticipated that the lessons from this case study will be used to develop the
overall management plan for the national park.

D The Study Site and Methods

D The Punan Hovongan people occupy the upper reaches of Kapuas and Bungan Rivers in West
Kalimantan. They speak a common languagewith minor variations in dialect Administratively,they live in
Putussibau Subdistrict, Kapuas Hulu Regency, West Kalimantan (Figure 1). In Bungan Jaya Village, which
1 consists of four hamlets (dusun), there are 796 people.
Most of the householdsin the village rely on the collection of bird nests to earn cash to buy rice from
D Tarnan Kapuas, down stream from the village.Before 1970, rice was not widely consumed as staple food by
the Punan, since many wild sago areas were near the village. In addition, the demand in birds' nests was not
D as high as it is in 1996. Understandingthe dynamics of conflict over bird nest caves is important for
developing a managementplan for the park, particularly,community participationin the development of the
D park. Understanding the conflict can also be a significanttool for communitydevelopmentand the

n
empowerment of the Punan communitiesnot only relating to park managementbut also to community life in
general. If the goals to describe, understand,and mediate conflicts are met, the park has a better chance of
sustainable existence into the future.

D The Punan share their hunting and foraging areas with other Dayak groups. These include the Bukat,
Aoheng, and Tarnan Kapuas. The Bukat, or Kei Buket as they call themselves,were formerly a hunter­

D gatherer group whose original home was the upper Kapuas and Mendalarnrivers. Similar to the Punan, most
of the Bukat began to adopt a sedentary life at the beginning of this century (Ngo, 1986a; Sellato, 1994). The

D Aoheng and Tarnan Kapuas, in contrast, are shifting cultivators, and are characterizedby greater social
stratification than the Punan and Bukat (Diposiswoyo 1985).

D This study was carried out in two hamlets, Tanjung Lokang and Nanga Bungan, over a period of four
months, with support from one assistant and three local people. Several methods were used in this case study.

D 2
In Indonesia,Bentuang KarimunNationalpark is the first conservationarea designatedas a trans-boundaryor
trans-frontierreserve. The park is managedin collaborationwith Lanjak-EntimauWildlife Sancturayand Batang Ai'
D National Park in Sarawak,Malaysia. A cooperativeprogrambetween the Governmentof Indonesiaand the Government
of Malaysia was initiated in 1973.The Governmentsof Japan and Switzerlandboth donatedgrant money through the
InternationalTimber Trade Organization(fITO) for establishingthe park. The IndonesianMinister of Forestry asked
J the World Wide Fund for Nature/IndonesiaProgramme(WWFIIP)to produce a managementplan for the park.

137
]
Household surveys were employed to obtain infonnation regarding income sbUcture and sources. In-depth
interviews were used to gather data on resource tenure, land use, and decision-making concerning resource
management. Village-level data was collected through group discussions, household surveys, community
resource mapping, and participant observation. The author also interviewed subdistrict officials and district
foresters in Putussibau. A participant observation guide was used to observe leadership and power dynamics,
both within the village and beyond the village boundaries. Group discussions were held to obtain diverse
]
viewpoints regarding resource use practices, particularly those related to swift nest collection and trade. This
information was important because it provided an understanding of the principles of resource tenure and
local-level procedures for settling disputes over resource management and use. No previous research had
□
addressed this subject matter in any detail. D
The World Wide Fund for Nature/Indonesia Program (WWF/IP) also conducted a series of
community mapping exercises to clarify resource distribution. The objective of this activity was to obtain a D
clear picture of local-level resource distribution and use, including the distribution of bird nest caves.
Community resource mapping has become a powerful tool for encouraging group discussions on resource J
disputes. Clarification of related infonnation can be achieved by using the Global Positioning System or GPS
(Flavelle, 1993; Josayma, 1996; Momberg et al., 1996). WWF/IP conducted community mapping to initiate I
and encourage village participation in discussions on park zonation. WWF/IP field staff was assisted by
Yayasan Pancur Kasih, a non-governmental organization (NGO) based in Pontianak, West Kalimantan.3
Bentuang Karimun National Park
Before 1995, forest lands around Nanga Bungan and Tanjung Lolcang were classified as a Nature
Reserve. Indonesian forestry regulations prohibit any human activity within nature reserves. This regulation is
particularly important in Bentuang Karimun National Parlebecause the mountainous region is at the
headwaters of the Kapuas and Bungan Rivers. The area requires protection to secure its function in water
catchment, and to preserve its unique biological diversity
In September 1995, the status of the Nature Reserve was changed to National Park through the
Ministry of Forestry Decree No. 467/Kpts.-II/1995. The Government oflndonesia, via the Ministry of
Forestry, designated WWF/IP as the coordinating organization for project activities within this National Parle.

3
This communityresourcemappingwas a preliminaryactivityprior to conductinga seriesof moredetailed
mappingprojectsthat were relatedto participatorypark zonationin villageland use planning.In addition,Global
InformationSystem(GIS)facilitiesare beinginstalledin officesof the Pontianakand ProvincialPlanningBoard
(BappedaI) .

138

1
n The main objectives of the WWF/IP project are to develop a management system that will promote
conservation of biological diversity and the ecosystem and also develop socioeconomic aspects of the natural

D resources for the local communities. Parle regulations allow human activities within what is called a
traditional use zone. The kinds of activities approved for this zone are based on the results of studies on

D issues such as biological diversity, forest ecology, resource management, regional planning, and social and -
economic factors. These studies are currently being undertaken; only the ethnographic study has been

D completed.

D Historical Sketch and Settlement Pattern

Background

The Punan Hovongan have been studied by Wariso (1970) and Kartawinata (1993). Wariso wrote
D reports for the Ministry of Social Affairs on the cultural background and the socioeconomic condition of the
Punan. Kartawinata wrote a short ethnography of the Punan, based on research in Cempaka Baru village. The
D latter analysis, however, has some weaknesses. In fact, the selected study site is not a Punan settlement, but

n rather a settlement of the Aoheng, Semukung, Bukat, and Kantu'. The author also confused some important
kinship and economic terms used by the Punan with those of the Kantu'.
Of greater relevance is a recent publication by Sellato ( 1994), which describes the transition of the

D Punan and Bukat to a more sedentary existence in terms of economics and politics. Similarly, in Sarawak,
Malaysia, two important publications on the Penan groups, as they call them in those regions, are written by

.0 Brosius (1995) and Langub (1996). 4

The oral tradition of Punan Hovongan in Tanjung Lokang and Nanga Bungan shows that this group

0 came from the upper Bulit and Bungan Rivers more than six generations ago. In those hamlets, they were
divided into three subgroups, and they spoke separate dialects, namely, Hovorit, Hovongan, and Hovoung.
Nowadays, the latter subgroup mainly lives in Bo'ung, a tiny hamlet, and in Nanga Lapung.

D
D 4
Brosius (1995) analyzes patterns of collecting and trading forest products by Pcnan hunter-gatherers in

D Sarawak, East Malaysia and describes how these patterns vary through time and space. He notes that , contrary to Punan
Hovingnan in West Kalimantan,the contemporary trade dynamics of Penan in Malaysia is based largely on the
contribution of women. Langub ( 1996), focuses on the variation of responses of Penan to change and development,
particularly the dynamics of perminant residence imposed by the Government of Malaysia.
]
139

D
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In early 1970, these bands of Punan (puhu ')5 lived together in the present site of Tanjung Lokang. A
few years later, some families of Punan Hovoung moved again to Nanga Lapung, downstream from Tanjung
Lokang, to collect gaharu (Aquilaria
malaccensis).
However, the rest of the Hovoung families decided to stay
in Tanjung Lokang.
The Punan Hovongan are gradually adapting to sedentary life. In early 1910, long houses (lovu'
daru) were built and the Punan Hovongan practiced shifting cultivation, influenced by the Seputan, l
Semukung, Aoheng, or Kayan groups. In the past, the Punan lived in temporary shelters (pabut), with certain
gathering centers. This maximized their mobility so they could process their staple food, wild sago
]
(Ey~ssona 1J1i.1i.a
Becc.)and collect non-timber forest products, which they traded with intermediaries for
tobacco, salt, sugar, and other items. The long house at Tanjung Lokang disappeared in the late eighties. l
Social Organization and Power Structure as Related to Resource Control
In the past, the preferred marriage relationship was between first cousins. However, people could D
also choose to marry within the band. More recently, they marry within community and village. After
marriage, males in a community, and even those from outside, are generally adopted by the females' families Li
or band. Interestingly, this principle is used by certain intermediate traders, namely Chinese or Malay, to
establish their existence within a community to protect their interests in bird nest collection and trade.
A married female, either the eldest daughter or a person designated by the parent (ngevian tahakan),
has the responsibility to manage and determine the allocation of heirlooms and property rights that belong to
6
D
the natal family. These property rights include managed forest gardens (lepu'un) and swift nest caves (diang
sa selepini). The woman and her husband have the primary right to use these resources; her brothers or
sisters, with their wives or husbands, have secondary rights, or usufruct rights, only.
u
The Punan Hovongan are basically egalitarian, however, they have adopted some words for
hierarchial positions from the Aoheng such as dangan tahakan, meaning the elder or leader. This is a semi­
D
hereditary leadership position. Nothing is sacred about his role or its status, and it entails no particular
privileges except that leaders may sometimes have several wives.
0
D
5
Puhu' was a common term adoptedfrom the Kayan via the Aoheng, Seputan,and Semukung.The tenn
generally designates the extendedfamily or a group of extendedfamilies that have a common ancestor and recognition of
Li
a genealogical link (Ngo 1996, Sellato 1994).
6
Lepu'un was a term with several meanings. It can be a former long-houseor settlement, a managed fruit tree
garden, or a former swidden field with perennialcrops such as illipe nut or tengkawang(Shorea spp.) It has the same
[I
meaning as the words tembawang and tempalai used by other Dayak groups in West Kalimantan (Ngo, 1992: Padoch,
1995).
D
140

D
rl
7
D A leader has little formal authority. The power is based only on personal qualities. No difference in
status is marked or ascribed. However, his influence depends on his experience, his wisdom, and his ability to
make decisions. It appears that decisions may be made only after a general discussion (betusat), in which
everyone has a voice. 7 Thus, the prestige of a band leader derives not from his status, his skill as a hunter, or

] his ability as a provider, but from his leadership qualities. These qualities include being hardworking,
eloquent speakers, experienced and fully familiar with the group's history and traditions. In addition, the
leaders can represent the band or community in its interactions with the outside world. This is particularly
l true when the band relates to other farming groups, traders, and government officials, and is valid especially
in the current social and economic situation.
l Mastery of neighboring languages or of national and regional languages is a highly desirable
leadership skill. The Punan Hovongan, anxious to meet groups on an equal level, seek a leader of whom they
can be proud. The prestige of the leader reflects upon the group or community. These external connections,
integral to the leader's role as representative, can only increase his prestige within the group or community
and do lead to a certain degree of social inequality. This is particularly true if one of his sons or relatives is
closely linked to the official government apparatus at the village or subdistrict level. This dynamics strongly

J influences the power structure at Tanjung Lokang and Nanga Bungan, and is extremely important in the
decision-making process regarding conflict resolution over bird nest caves.
Modes of Uvelihood
The Punan Hovongan traditionally inhabited specific ecological niches in the primary rain forest

J which provided them with sago, game animals, fish and other forest foods. The areas they lived in could also
be called economic niches because in addition to daily subsistence they provided commercial goods. The
forest environments allowed them self-sufficiency in matters of diet. The techniques they used in the
extraction of sago and in hunting, fishing, and gathering were entirely effective before the introduction of new
items of technology, such as metal.
Traditional life styles of the Punan Hovongan changed with the introduction of metal, dogs, and

D agriculture at the time of the band's first trading contacts with farming groups. The felling of sago palms, for
example, is now made far easier by metal axes, which reduce by four-fifths the energy output and time

D required for the work. Durable blowpipes can now be made of hardwood, and with these and the use of dogs,

D 1
Betusat is a general term for any decision-makingprocess that is undertakenwithin the village or band. It may
apply to time-tables for conductingswidden agricultureor collecting non-timberforest products.As observed,however,
this traditionalgroup meeting or discussionis changing graduallybecause of the segmentationof Punan communities in

D response to internal and external forces.

141

D
D
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the hunt becomes more productive. A great deal of work is therefore saved, and this time can be used for
responding to increased commercial demands for non-timber forest products (Sellato, 1994). D
Punan Hovongan fields are often very small and poorly tended. This lack of interest and investment
in labor derives from the fact that farming is in direct competition with commercial collecting. Punan families D
for whom commercial collecting has become an economic priority have adapted their dietary economy to
facilitate it. Efforts to maximize the productivity of their rice fields would be a serious hindrance to collecting D
non-timber forest products. At the tum of the century, the Punan Hovongan often abandoned their rice fields
between sowing and harvesting, and wild sago remained their staple food (Nieuwenhuis, 1900). It is no D
wonder that rice supplies which come from their swidden fields last less than half a year. In Tanjung Lokang
and Nanga Bungan, at least 80% of the respondents in a community of 55 households were short of rice five D
months after harvest (Table 1).8 To overcome this situation, men search the forest for non-timber forest
products, especially bird nests to sell. 9
D
Table I .Rice sufficiency of the Punan in Tanjung Lokang and Nanga Bungan
Rice sufficiency T&JtjungLokang
(n = 39 household)
Nanga Dungan
(n = 16 household)
D
More than eight months
Up to eight months
Less than eight months
l
31
(2.5%)
(79.5%) 14 (87.5%)
J
No rice field
Total
Adapted from Ngo (1996)
7

39
(18.0%)
(100.0%)
2 (12.5%)

16 (100.0%) n
The major source of income for the Punan at Tanjung Lokang is bird nests, followed by traditional D
gold panning and gaharu collecting. They also work as tourist guides and motorized long boat operators.
Nanga Bungan people have a different form of livelihood. In this hamlet, the major income is based on gold D
8
The data series on bird nests in PutussibauRegencymust be taken into accound with a skepical view and be
0
considered as tentative information.This is importantbecause many ttaders or middlemen are reluctant to report their
activities to the governmentoffices because they may be made to pay revenue. In addition, there is much secret ttade
with unclear source.
D
9
It must be noted that the basic attitude of the Punan and other Dayak groups on shiftingcultivationare not
necessarily the same. The Punan are principallycollectorsof forest products and this allows them to buy rice, whereas
D
the goal of other Dayak groups is self-sufficiencyin rice (Sellato,personal communication).This is particularlytrue in
the actual case of the Punan Hovongan who largely depend on bird nests and other non-timberforest productsfor buying
rice from other Dayak groups. Thus, without structuralinterventionregarding the conflict over bird nest resources and
possible resolutions,the future livelihood of the Punan Hovonganwould be unclear, and hence recognizingthe
LI
importance of bird nest trade is critical to the park management.

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panning and semi-mechanical gold mining, followed by bird nest and gaharu collecting, long boat operating,
and acting as tourist guides (Table 2).

D Table 2. Sources of Income in Tanjung Lokang and Nanga Bungan

Source Tanjung Lokang Nanga Dungan
(n =39 households) (n =16 households)
D 1. Bird nests
2. Gold panning/ semi-
31 (79.5%)
3 (7.7%)
4
8
(25.0%)
(50.0%)
mechanical 2 (12.5%)
D 3. Gaharu
4. Tourist guide
2
2
(5.1%)
(5.1%) 1
(0.0%)
(6.3%)
5. Long boat drivers 1 (2.6%) 1 (6.3%)

D 6. Other

Total 39 (100.0%) 16 (100.0%)

Adapted from Ngo(l 996)
D
Main Findings and Issues
D The theft of swift nests is a popular topic of discussion throughout the village and beyond. Almost
everyone is eager to discuss the topic, either openly or privately. These discussions are often based on suspicions
D rather than fact. No one really knows who is stealing bird nests. It could be a person from within the hamlet, the
village next to hamlet, or people from Central and East Kalimantan.

0 We found three important problems relevant to the collection of bird nests in the Punan area. First,
people have become increasingly uneasy over the frequency of bird nest collecting. Secondly, rather than see these

D resources stolen by others, the Punan prefer to use whatever means they can to collect the bird nests first. Thirdly,
many Punan are forced to collect bird nests to repay debts to Chinese traders. They are trapped in this debt

D system (ijon) because they often need items the Chinese traders sell.
Before 1985, the Punan collected bird nests based on seasonal variation. They gathered them during the

D rainy season and on into the early days of the dry season, namely September through April. Bird nests were not
collected by the Punan from May to August because this is the season many cave bats eat swifts' eggs. Bats are

D forced to change their diet to bird eggs when forest fruits are not in season. During this period, it is very common
for the swift population to decrease.

0 Cave bats are very common in the forest at the time of mass-fruiting. During this season, the swifts have
time to make their nests in the caves. This is why the Punan consider the months from August until April to be the

0 best season for nest collecting. Based upon this observation, two ornithologists and a resource management
specialist of Bentuang Karimun National Parle are conducting a much more in-depth study of cave bats' behavior

n and their food sources.

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 Since 1990, the Punan have begun to ignore their own traditional practices of observing seasonal taboos
(trep) pertaining to bird nest collecting. Instrumental in this shift away from tradition is the pressure from the
]
short-term profit takers from Central Kalimantan and downstream hamlets, mostly the Bakumpai and Malay.
These outsiders enter the forest areas around caves to steal swift nests from the traditional home ranges of the J
Punan. Rather than let their resources be stolen by unknown people or outside groups, the Punan have begun to
abandon their own traditional foraging principles. Thus, instead of a two and a half month collecting period, the
]
Punan now collect swift nests approximately once every 45 days. This harvesting reduces the quality of the nests
and lowers the price they receive for them. J
The design of traditional tools used to collect bird nests is instrumental in reducing the quantity and
quality of swift nests if it is used improperly. Among the Punan, for example, these tools (penjuruk) are designed n
to be used methodically and carefully. If the tool is misused, the nests will fall apart. Meanwhile, the type of tool
used by the Bakumpai and other groups from Central Kalimantan is designed for more rapid collecting. Their
tools do not damage the nest as extensively as the Punan tools.
n
The debt system (ijon) used by Chinese traders is the third factor that encourages improper harvesting of 0
bird nests. Chinese bird nest traders maintain small shops and sell various necessities to the Punan. These include
sugar, salt, rice, coffee, tobacco, gasoline, kerosene, cloths, work shoes, even cheap spirits and beer. In addition,
the Chinese are willing to provide personal services as money-lending.
The Punan often come to these small shop owners and ask them to buy radios, audio visual sets, or long 0
boat engines in Putussibau, or even in Pontianak, the provincial capital. The agreements between the shopkeepers
and the Punan require return of the loan plus interest. Many borrowers are unable to repay these loans very
quickly, and it often takes many payments before an individual is free from debt. The Chinese, therefore, ask for
D
bird nests instead of money. This forces the Punan to over harvest bird nests to repay their debts. These
transactions are described in Table 3. 10 This situation leads to a variety of conflicts. It involves not only the
LI
Punan, but also involves traders, intermediaries, and government and military officials. Three cases below will
iJ\nsttatet\Jescconflicts.
u
n
D
10
The data series on bird nest in Putussibau Regency must be viewed skeptically and be considered as
tentative information. Many traders or middlemen are reluctant to report their activities to the government offices
LI
because they know they will be taxed. In addition, there is much "illegal trade" in bird nests which goes unreported.
Case study on bird nest networking and trade is now being conducted by a resource management specialist of WWF/IP.

144
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D Table 3 Comparison of bird nest yields
Year Amount (kilogram)

D 1991/1992
1992/1993
1.263 kg.
3.870 kg.
1993/1994 11.556 kg.

D 1994/1995
1995/1996
8.015 kg.
3.024 kg.

Total 27.728 kg.

D Source: Forestry Office at Putussibau (1996)

D Case number one is an example of conflict in the village between the head of the hamlet (Kepala Dusun)
and a villager and his family. One cave is known by both parties to be a good source of bird nests. The hamlet
head and the villager estimate that for every two months of a harvesting season they can collect between 40 and
D 50 kilograms of nests. These are worth between US $10,212 and US $12,765.11 The cave was discovered by both
parties about five years ago. Since then both agreed that they would share the yields. The arrangement was that
D both would be allowed to collect bird nests on a rotational basis, which means once in every four months. In
practice, the second party, or the villager, found that the hamlet head had broken the agreement by asking some
D people to collect bird nests for him every two months.
The villager raised this issue and called for a community meeting. When the villager found the meeting
0 was not an effective means for achieving his goals, he asked the chief of customary law (temenggung) and elder
people (dangan tahakan) to hold a traditional dispute settlement meeting (betusat). This meeting was directed by

D temenggung because he was the uncle of the hamlet head and also had an interest in the disputed cave. The result

of the meeting was obviously unfair because, regarding power and authority, the villager was at a disadvantage.

0 Case number two is an example of conflict between the hamlet head and a family from another Dayak
group outside Nanga Bungan and Tanjung Lokang. Two years ago, the family found a cave in the upper Bungan

D River which seemed to have a very high bird nest production. After the family had been working in the area for
year, the hamlet head asked him to come to his house at Nanga Bungan, and insisted that the family was

0 harvesting bird nests from his private property (i.e., the cave).
This controversy led both parties to hold a dispute settlement meeting. After several meetings, the case

0 was unresolved although the temenggung and some elders were present A few months later, the hamlet head

D 11
Currently, one kilogram of swifts' nests at village-level is about Rp. 400,000 or US$ 174. 00. When the
trader or middlemen sell it at Putussibau market, the price is around Rp. 600,000 or US$ 261.00. The higher price in
Putussibau is necessary because the trader or middlemen has to cover the transport cost which is mainly by boat. It
0 takes at least two days to go back and forth.

145

D
1
 J
asked two local police officers of Putussibau to Tanjung Lokang to help him settle the conflict. All daily
J
subsistence allowances and fees of the police officers were funded by the head of the hamlet. He even paid their
transportation costs from the town to Tanjung Lokang.
After several meetings were held, the family from the Aoheng group was clearly losing its rights over the
I
use of the bird nest cave. The head of the hamlet did not accept the final decision made by the police officers.
Finally, the family took a small compensation from the hamlet head and gave up their harvest rights.
n
□
Case number three was an example of conflict between the Punan, the Than (also a Dayak group), and a
Chinese trader backed by military officials. Five years ago, a few families of an lban group from Sadap, a hamlet
on the upper Embaloh River, found several bird nest caves in the upper Keriau River. After they conducted formal
gatherings with the Punan Kereho, the lban families were permitted to collect bird nests from the caves, with one
condition. They had to share the yields equally. For instance, if the Than got 10 kilograms of bird nests they had to
divide them into five-kilogram parcel for each party. n
u
For some reason, the Than families went back to their home village for about two years. Meanwhile, a
Chinese trader wanted to manage the same caves and reap the profits. He thought that the caves did not belong to
anyone. Some Punan confinned that no one claimed the cave.
The Iban families were surprised when they found the caves no longer belonged to them. After several D
meetings, the two parties could not agree. In some of their meetings, vigorous discussions almost lead to open
clashes. The Chinese trader then asked some military officials from Putussibau to support and secure his interests.
These military officials apparently had personal interests, namely, to receive a portion of bird nest profits. They
0
were also part of the army's cooperative body, or Puskoad (Pusat Koperasi Angkatan Darat) 12• When the Than
and his Punan friends realized they were almost powerless to protect their rights, they asked a lawyer based in
0
Putussibau to help them.
Both parties followed the litigation process for almost two years at the court in Putussibau. During the
·u
process, the Chinese trader gav~ a lot of money to the military officials and to his lawyers. In short, the Than and
is Punan friends lost. Thus, the key elements in this litigation process were the imbalances of money and power.
LI
Discus.goo □
Over the past four decades, the Punan Hovongan have become more sedentary. The traditional hunting
and gathering way of life has almost vanished. Nevertheless, the vibrations of family autonomy, individualism,
D
LI
12
There is a rumor that Pusat Koperasi Angkatan Darat (Puskoad) is actually a right-hand organization of a
gigantic company led by Ari Sigit Soeharto, a grandson of Soeharto.

146
0
D
0
D
D opportunism, and pragmatism, _which emphasize physical mobility and economic versatility, are still vital in the
realm of bird nest collecting.

D Punan ideology, with its focus on band or family autonomy has produced both intended and unintended
consequences in the past. In conflicts over bird nest collecting described above, this genuine autonomy has

D resulted in a new dilemma. This is particularly evident when family interests are closely tied to economic and
power realities. These disputes are nested in the larger disputes of people, parks, NGOs and government agencies.

D The shift from the use of band or family property to an open access situation, in which property rights
and control over resources do not exist, is now the key element of the conflict concerning bird nest caves. Before

D 1980, for example, any bird nest caves within the home ranges of the Punan Hovongan were used for, and shared
by, the band or families. All others were excluded from the use and decision-making. Individuals_had rights and
duties in these common property regimes. As stated by Bromley (1992), the capacity to exclude the others stands
D as the sine qua non of common property. Traditional bird nest management focussed on the regulation of
outsiders' access to the caves within their territory, and the band "ethic of access" (molong) guiding its use and
D distribution among families. 13 The bird nest caves, therefore, were the property of the band or family.
In the late seventies, the traditional power structure of the Punan Hovongan deteriorated. They have been
D regrouped by the new village administration regulation (Act No. 5 of 1979). This new regulation required each
village must consists, at least, of 2,500 people. Traditional mechanisms for determining leadership were
abolished. This included the position of the chief of customary law (temenggung). The unintended impact was
that little incentive was kept alive for maintaining traditional ethics of access to bird nests and no indigenous
management techniques were retained. In addition, traditional sanctions and incentives have become inoperative
or dysfunctional because of government pressures and market forces beyond the control of the Punan Hovongan.

D The current symptoms of the conflicts are that no one knows who is stealing from whose bird nest caves.
The short-term profit takers from Central and East Kalimantan, which include intermediate traders, Chinese

0 traders, and short-term profit seekers from local military and government offices are imposing their own interests.
Each party is trying whatever means it has to instigate disputes for achieving its position. There are no clear and

D transparent regulations and law enforcement regarding the wrong doing.

D 13
The word mo long can be roughly explained as the sustainable use of natural resources for harvest at a later
time. It can also mean the fostering of resources for the future. Punan mo long all sorts of fruit trees, sago, rattan, and bird
nests that can be used communally or individually.The same term is used by the Penan in Sarawak, Malaysia (Langub,

D 1996). On the "ethic of access" and the problem of ironwood management (,Eusiderox_ylon zwaeen),one can refer to the
study that has been conducted by Peluso in West Kalimantan(1992). Peluso noted that the government management
strategies have by-passed local people's claims to ironwood because customary forest management institutions have not
been formally recognized and supported. Private control has taken precedence over common (village) control and the
D ethic of access has been transformed (emphasis added).

147
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 The analysis of the findings also suggests that barriers to dispute settlement are related to the power
imbalance and misuse of authority. The hamlet head, for example, being a member of a band's elite was using his
J
formal relationship with the government to further his interests. As stated in Act No. 5, 1979, the hamlet head is
the lowest level of the Indonesians' government apparatus at village-level. Thus, he has a direct access to the
formal authority. This kind of relationship was used by him to impose his personal position upon other
disputants, namely his people and people from outside the hamlet.
I
The possible structural interventions include clearly defining and changing the roles of each disputant.
During the development of park management, for example, each disputant should be invited regularly to establish J
a working group for sustainable use of bird nest caves within and around the park. This working group should be
based at Putussibau District; and can be a subordinate of the existing "Provincial Steering Committee for Natural l
Resources Conservation" (Tim Pengarah Konservasi Sumberdaya Alam Provinsi or TPKSDA). This team was
developed by provincial planning board (Bappeda [) and Tropical Forest Management Project (Sub-project V on D
Danau Sentarum Conservation) carried out by the Overseas Development Administrations of United Kingdom
(ODA/UK). One primary agenda of the working group will be to address management problems and issues over n
the use of the bird nest caves for the maximum benefits of all disputants. This proposed working group should be
written into the park management design. n
The second intervention needed is the sanctioning of destructive behavior over the use of bird nest caves.
Wrong doers should be processed using fair regulations and mutually acceptable decision-making processes. It D
should be under the guidance and monitoring of the working group. Traditional ethics of access (molong) and the
rotational principle for collecting bird nests could be formally accepted by the state and private sectors to protect
both bird nest resources and local claims for joint bird nest management arrangements. In addition, the
J
possibilities of reallocating ownership or control of bird nest resources need to be discussed, gradually.
The third intervention recommended is the changing of the negotiation process from positional to
n
interest-based bargaining. WWF/lndonesia Programme and other provincial NGOs should promote the best
possible authentic and equitable dialog under the existing inequitable conditions. Furthermore, the working group
n
should discuss the modification of means of influence used by outside parties, namely, coercion must be
eliminated. Coalitions with other institutions working in similar situations are useful to strengthen the concern and
D
increase the influence of the "less powerful'' (i.e., the Punan groups). The process of intervention, itself, imposes
constraints on the exercise of excessive power by some groups or outsiders (Crowfoot and Wondolleck, 1990).
D
The actual problem might be confronted in promoting this intervention. It can bring to light the real economic and
political biases of the central authority in accepting environmental mediation (Amy, 1983).
n
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148

D
D
l
D The WWF/lndonesia Programme and provincial NGOs should initiate the mediation process while
developing the park management. Considering time and physical constraints, those possible interventions should

D ideally be elaborated and tested in field sites, immediately. Initial experience must be discussed and recorded by
the working group at village-level, Putussibau and Pontianak levels, respectively. The use of regional planning
board meetings (Rapat Koordinasi Pembangunan or Rakorbang) led by the provincial planning board
D (Bappeda) are useful in attracting a broader spectrum of stakeholders.

n The lessons learned from this test case mediation process should be modified dynamically so that it can
be used for other relevant cases about resource disputes in the development of the park. They will be especially
relevant in developing the first and the five year plans of the Master Management Plan of Bentuang Karimun
D National Park. A dynamic planning process is required because conditions of local-level and beyond are changing

n quickly. Each management plan for an area needs to incorporate the capacity to adapt to changing conditions,
namely climate, population, economic and political conditions, and regional development in surrounding areas
(McNeely, 1995).

D The proposed working group must be updated by current information regarding dispute areas. The non­
governmental organizations (NGO) such as Yayasan Pancur Kasih or other credible NGOs which do mapping

D already have been allowed to conduct participatory mapping on the distribution of bird nest caves in and around
the park. They are in the process of identifying conflict areas. Visualization of current bird collecting has to be

D used to encourage an open discussion on dispute resolution. Learning more assertive negotiation skills will be
important for the Punan because historically they have avoided open conflict (Sellato, 1994). This avoidance

n gives them a disadvantage when dealing with powerful outsiders such as Chinese traders and military personnel.
Resource management and ornithologist specialists are needed to explore the possibilities of developing a

D community-based swift nest management program. Cross visits to promising bird nest areas would be useful.
Some possible sites are the Bukit Kelam in Sintang District, and Karang Bolong in Central Java, or Niah Cave in

D Sarawak, East Malaysia. This is important because a trend of declining bird nest availability is revealed in the
official data at the forestry office in Putussibau. If swift nests cannot be developed, the resulting situation will be

D extremely detrimental to the cash income and therefore the well-being of the Punan. Following this would be the
unintended consequence, namely the "encroachment'' to the park areas.

D Conclusions
As noted by Dove (1996), the more successful the development, the more likely external political and
D economic forces will become involved, and the less likely indigenous inhabitants of the forest will retain control.
Thus, the management of bird nests is not simply a technological and economic challenge. First, it may be a
D 149

D
 □
political challenge involving mediation of relations between the Punan, outsiders, and the state. Therefore, a
strategy for conflict resolution over management of bird nests has to be adopted in the broader park planning n
process and management structure. It is recommended that a working group on bird nest management, along with
a strategy for participatory mapping of the distribution of bird nest caves be initiated by WWF/JP, in
collaboration with provincial NGOs.
The role of WWF/fP and provincial NGOs will be important for empowering and developing the mode of
livelihood of the Punan. With respect to the use and control of bird nest collecting, NGOs or other institutions
□
working in environmental dispute settlement must take a greater role in strengthening the negotiation skills of the
Punan. Training in resource dispute settlement should also be conducted for park personnel. Networking among
□
NGOs or institutions working in similar situations will be useful for achieving these goals.
The initiatives I have suggested should result in a more effective approach to swift nest management.
□
Indigenous resource management practices (molong) and rotational collecting principles (trep) can continue to
provide a foundation for community-based management, if recognized by the state and private sectors. Continued
□
leadership development and new institutional arrangement should be tested at field sites for their relevance to
joint management of park resources.
D
These strategies can improve the distribution of benefits of bird nest collecting, the greater welfare of the
Punan people, and the sustainability of the park as a whole. This proposed scenario may also be valid for other
D
non-timber forest products collected by the Punan. If these management strategies are not taken into account,
benefits for the Punan may not be achieved under current centralized resource management authority and hence
D
the park may be subject to continued uncontrollable encroachment.
An analysis of the findings on swift nest management also suggests that the dialectical contest among the
D
Punan, and between the Punan and outside entities, for control of bird nest resources, is evidence of political and
economic factors that may overpower biological and local-level social and cultural factors in conservation and
D
development of the Bentuang Karimun National Park.
D
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150
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D
D
D Bibliography
Amy, D.J. 1983. The politics of environmental mediation. Ecology Law Quarterly. 13 (1): 1-19.

D Bromley, D.W. 1992. Property rights as authority systems: The role of rules in resource management. In
Emerging issues in forest Policy, ed. P.N. Nemetz. Vancouver: University of British ~olumbia Press.

D Brosius, J.P. 1995. Bomean forest trade in historical and regional perspective: The case of Penan hunter-gatherers
of Sarawak. In society and non-timber forest products in tropical Asia. ed. J. Fox. Environment Series No.
19. Honolulu: East-West Center.
D Crowfoot, J.E. and J.M. Wondoleck. 1990. Environmental disputes: Community involvement in conflict
resolution. Washington, D.C.: Island Press.
D Diposiswoyo, M. 1985. Tradition et changement sociale: Etude ethnographique des taman de Kalimantan Quest
[Tradition and Social Change: An Ethnographic Study of the Taman in West Kalimantan]. Ph.D. diss.,

D Ecole des Hautes Etudes en Sciences Sociales (EHESS). Paris.

Dove, M.R. 1996. So far from power, so near to the forest: A structural analysis of gain and blame in tropical

D forest development. In Borneo in transition: People, forests, conservation, and development. ed. N.L.
Peluso and C. Padoch. Kuala Lumpur: Oxford University Press.

D Flavelle, A .. 1993. Village Sketch Mapping in Bukit Baka-Bukit Raya National Park. Report. West/Central
Kalimantan Natural Resources Management Project/USAID. Jakarta, Indonesia. Unpublished.

Josayma, C. 1996. Facilitating collaborative planning in Hawaii's Natural Area Reserves. Research Network
D Report, No. 8. Center for Southeast Asia Studies, Berkeley, CA.

Kartawinata, A.M. 1993. Masyarakat Punan di Kalimantan Barat [The Punan community in
D West Kalimantan]. In Masyarakat Terasing di Indonesia [Isolated communities in Indonesia]. ed.
Koentjaraningrat. Jakarta: PT. Gramedia Pustaka Utama.

Langub, J. 1996. Penan response to change and development. In Borneo in Transition: People, forests,
conservation, and development. ed. N.L. Peluso and C. Padoch. Kuala Lumpur: Oxford University Press.

D McNeely, J.A. 1995. Partnership for conservation: An introduction. In Expanding partnerships in conservation.
ed. J.A. McNeely. Washington, D.C.: Island Press.

D Momberg, F. K. Atok, and M. Sirait. 1996. Drawing on local knowledge: A community mapping training
manual. Jakarta: Ford Foundation.

D Ngo, M. 1986a. Orang Bukat: Penghuni Hutan Lebat Kalimantan Barat [The Bukat: The thick forest dweller of
West Kalimantan]. Mutiara No. 358. Jakarta: PT. Sinar Harapan.

__ . 1992. Hale Ulayat Masyarakat Setempat: Pelajaran dari Orang Kayan dan Limbai [Customary property
rights of local communities: Lessons from the Kayan and Limbai]. Prisma No. 6: 53-65. Jakarta: LP3ES.

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__ . 1996. A New Perspective on Property Rights: Examples from the Kayan of Kalimantan. In Borneo in
Transition: People, Forests, Conservation, and Development, ed. N.L. Peluso and C. Padoch. Kuala
Lumpur: Oxford University Press.

__ . 1996. Etnografi Pengelolaan Sumberdaya Alam Masyarakat Dayak di dalam dan sekitar Taman Nasional
Bentuang Karimun, Kalimantan Barat: Beberapa Implikasi terhadap Pengelolaan Kawasan. [Ethnography of
resource management of the Dayak groups within and around Bentuang Karimun National Park, West
Kalimantan: Implications for area management]. Paper. Pontianak, Indonesia. Unpublished.

__ .[nd] Workshop on Keterpaduan antara Konservasi dan Pembangunan Kawasan Taman Nasional Bentuang
Karimun di Perbatasan Kalimantan Barat dan Malaysia., 13-14 November. Jointly organized by the Ministry of
Forestry, Provincial Government of West Kalimantan, International Trade Timber Organizations (ITTO), and
WWF/Indonesia Programme. Pontianak, Indonesia. Unpublished.

Nieuwenhuis, A.W. 1900. /n Centraal Borneo [In central Borneo]. Two volumes. Leiden: Brill. D
Padoch, C. 1995. Creating the forest: Dayak resource management in Kalimantan. In Society and Non-timber
Forest Products in Tropical Asia. ed. J. Fox. Environment Series, No. 19. Honolulu: East-West Center. D
Peluso, N.L. 1992. The ironwood problem: (Mis-) management and development of an extractive rainforest
product. In Conservation Biology, No. 6: 210-219.

Peluso, N.L. and C. Padoch. 1996. Changing resource rights in managed forests of West Kalimantan. In Borneo
in transition: People, forests, conservation, and development. ed. N.L Peluso and C. Padoch. Kuala Lumpur:
Oxford University Press.

Selato, B.J.L. 1994. Nomads of the Borneo rainforest: The economics, politics, and ideology of settling down.
Translated by Stephanie Morgan. Honolulu: University of Hawai'i Press.

__ . 1996. Pers. com.

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Wariso, R.A.M. 1971. Suku Daya Punan: Sebuah Laporan Survey Sosial di Kecamatan Putussibau,
Kabupaten Kapuas Hulu, Kalimantan Barat [The Daya Punan (Sic.): A social survey report in Putussibau
Subdistrict, Kapuas Hulu Regency, West Kalimantan]. Pontianak: Faculty of Social and Political Sciences and
Ministry of Social Affairs.

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WHENTHE WELLRUNSDRY:A CIVIL INITIATIVE IN WATERSHEDPLANNINGAND
MANAGEMENTIN THE PIIlLIPPINES

D Evelyn Nacario Castro 1

Abstract

D Demand for water and land in Cebu City has risen dramatically. The area is now faced with the dilemma of opening its
upland areas for development. The organiuztion, Cebu Uniting for Sustainable Water ( CUSW) is, to our knowledge, the
first and so far the only multi-stakeholder coalition in the Philippines (and in the rest of Southeast Asia) which deals
specifically with water resources policy. It defines its mission as the establishment of a more sustainable approach toward
D the protection, management, and development of Cebu's water resources. What is particularly unique about the CUSW
experience is the important role of civil society in initiating these actions without calling for an outside intermediary. The
time may arise when the services of an outsider (neutral mediator) may become necessary. The fact remains, however,

D that most of the conflicts were resolved through the consensus-building efforts of an inside player. Contrary to the western
perspective of third-party mediation, the CUSW experience may well prove the effectiveness of insider-facilitated
environmental conflict resolution. ~

D ..... the herdsmen of Gerar quarreled with Isaac's herdsmen and said, "The water is ours!"
So he named the well Esek [dispute], because they disputed with him. Then they dug another

n well, but they quarreled over that one also; so he named it Sitnah [opposition]. He moved
on from there and dug another well, and no one quarreled over it. He named it Rehoboth
[room], saying, "Now the Lord has given us room and we willflourish in the land."
Genesis 26: 20-22
D
l Water, Land, and Peace- three elusive elements in Cebu's development
Societies the world over sbllggle with the challenge of achieving balanced and sustainable management
of their natural resources. Land and water, elements necessary for survival, maintenance and growth, are two
D critical resources falling within this need-for-balance struggle. Scarcity of these resources in many parts of the
globe has led to long-running conflicts between nations and peoples. Perhaps the oldest documented dispute
l over land and water is the story about Isaac in the Biblical passage cited above. Peace, viewed in this paper as

J the resolution of conflict, remains a somewhat unattainable goal when it comes to finite resources as land and
water. Where conflict is inevitable, processes and attempts have been made to manage and/or resolve them.
In metropolitan Cebu, Philippines , the availability and accessibility of potable water and usable land is
D rapidly being outpaced by increasing and varied demands. Historically, Cebu province was the center of pre­
colonial trade in Southeast Asia during the 13th century (CPDC 1996). Now considered a modem-day

D · phenomenon of the south, Cebu's economic progress for the last five years (in terms of investments and output)

1
Executive Director , Eduardo Aboitiz Development Studies Center, Ramon Aboitiz Foundation Inc ., Cebu
City, Philippines .

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has generally been described ~ bullish. In economic circles this has been referred to as the "Cebu Boom" or
]
"Ceboom". 2 Demand for water and land has risen dramatically as evidenced by increasing real property values.
Cebu City, with only about 7,000 hectares (ha) of relatively flat and already developed lowlands, is
faced with the dilemma of opening its upland areas for development. The lack of an integrated resource
management and landuse policy has already opened the area to inappropriate and unregulated land use. This
is where many of the conflicts on resource use and management originate. Considering proximity to 0
important infrastructure facilities and service establishments, the cities of Cebu, Mandaue, and Lapu-lapu
remain the favorite destinations and the most at-risk in terms of water scarcity and contamination.
The Metropolitan Cebu Water District (MCWD), a public utility firm charged with water supply and
distribution for the metro Cebu area, is only able to meet 36 % of the current water requirement of 239,000
cubic meters per day (cu m / day). Most of the unserved sector obtains its water through private wells and
water vendors. Some tourism-oriented and industrial establishments in Mactan Island and other parts of the
province have installed their own water pumps, water purification, and desalination facilities. MCWD's
inability to supply water not only stems from infrastructural and institutional deficiencies, but also from the
limited availability and access to new water sources.
1
The metropolitan Cebu area does not have major surface water sources. Nevertheless, groundwater
mining by MCWD, governmental, industrial and other private well-owners has been calculated at 86.4
million cubic meters per year (M cum/yr), well beyond the safe allowable extraction limit of 57.6 M cum I
yr. 3 Saltwater intrusion, resulting from over-reliance on coastal aquifers and recorded since 1979, has moved
further inland and in some areas has now reached a distance of 4 km from the coastline. Different types of
landuse and land management practices, particularly those that limit aquifer recharge, have contributed to this
j
growing problem.
Sustainability of water supply for metropolitan Cebu is inextricably linked to the integrity of the
central Cebu watersheds and coastal aquifers. In 1988, the Central Visayas Regional Development Council
(RDC 7) recognized this inter-relationship and subsequently instituted policy recommendations for the

2
It is noted here that the 6.33% share of the Central Visayas to the national Gross DomesticProduct (GDP)
in 1992 was mainly due to the leadershipof Cebu province in the areas of services, manufacturing,trade, and
mining/quarrying.The National &:onomicDevelopmentAuthority (NEDA) of Region 7 has reported that Cebu
posted a 4.0% growth in its 1994 GDP (CUSW 1996).
3
This calculation is based on the 180 sq km coastal aquifer from Talisay to Compostela,with .48 m/yr
percolation. Average annual rainfall for coastal areas is 1.6 m/yr.

154

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 the development of the Mananga watershed forest reserve." It was abolished on December 20, 1994 by the
succeeding RDC, which was then chaired by fonner Cebu City Mayor Tomas Osmeiia. Reasons for disbaning

[I the MWDA were unresolved differences with the Cebu City government over policy directions.

n
I
[l
n
n

u
Figure 2. Watersheds of Mananga, Kotkot. and Lusaran (DENR 7, 1990).

MWDA' s existence was preceded by an earlier RDC resolution (Res. No. 6, S. 1988, signed on May
18, 1988) endorsing the declaration of the Mananga area as a critical watershed and the creation of a Mananga
Watershed Management Committee. Both RDC 7 and MWDA recognized early on that the sustainability of
water supply for metro Cebu was primarily linked to the integrity of the watershed areas (Figure 2). For this

D reason, safeguarding of the catchment areas is critical to overall water resource management (Fellizar in Nickum
and Easter 1994). Presidential Proclamation No. 502, amended by Presidential Proclamation No. 581, 6

ll established the Mananga Watershed Forest Reserve. Thus, 6,823 hectares (ha) were ~elineated as the area under
the political jurisdiction of the City of Cebu and the municipalities of Talisay and Minglanilla.

~I
6
The proclamation and its anunendment were signed by then President Corazon C. Aquino on December 5,
1989 and May 29, 1990, respectively.

157
j
[ J
and Easter 1994). Presidential ProclamationNo. 502, amended by Presidential Proclamation No. 581,6
established the Mananga Watershed Forest Reserve. Thus, 6,823 hectares (ha) were delineated as the area under
the politicaljurisdiction of the City of Cebu and the municipalities of Talisay and Minglanilla.
The following year (in 1990)RDC 7 further considered the need to expand the_water supply catchment
reserve for metro Cebu. RDC 7 then reviewed its earlier proposal for MWFR and recommendedthe
incoiporation of Kotkot and Lusaran riveo.. Presidential Proclamation No. 932, signed by President Aquino on
June 29, 1992, subsequently established the Kotkot-LusaranRivers Watershed Forest Reserve (KLRWFR).
Based on the second survey, the areadelineated was 14,072 ha, embracing portions of Cebu and Danao cities
and the municipalities of Balamban, Consolacion.Compostela and Liloan.

figure 3. Water supply and demandscenario for the period 1996 to 2005 (USC-WRC,
1996).

6
Toe proclamation and its ~endmcnt were signed by then President CorazonC. Aquino on December5,
1989 and May 29, 1990,respectively.
J
158
n
n It must be noted here that while these areas have now been declared watershed forest reserves, fairly
large portions of the uplands had previously been classified as national parks, timberland areas, and alienable

[l and disposable lands (A &.D, meaning available for private ownership). Appendix 2 provides a profile of
selected central Cebu watersheds including land classification data.

[] The upland population is currently estimated at 60,000 or aboutl0,000 households, with an annual
average income, for 1990, of 220 US$/household. Most upland residents are engaged in fanning and other

[] agriculture-related activities. Land titles have been issued for quite a number of these parcels and many others
are covered by tax declarations. 7 For instance, 452 titles have been issued out of the 2,354 farm lots in

n KLRWFR. Claims of ownership have been made even in areas designated as national parks and public forest
areas.

[I The passage of Republic Act 7586 (R.A. 7586) in 1992, otherwise known as the National Integrated
Protected Areas System or NIPAS, identified these watershed reserves and national parks as initial components
of the Act and henceforth subject to its provisions. Briefly, NIPAS provides for the classification and
rJ administration of all designated protected areas to: (1) maintain essential ecological processes and life-support
systems; (2) preserve genetic diversity; (3) ensure sustainable use of resources found therein, and, (4) maintain
these areas in their natural conditions to the greatest extent possible.
The rivers of Mananga and Kotkot, emptying south and north of Cebu City (outside of its boundaries),
[] are currently being developed for water supply. Figure 3 shows the water supply and demand outlook from 1996
- 2005. A weir dam is being constructed in the Mananga river and a high dam has also been planned for the

1 area: Wells have been installed in the Kotkot river by MCWD, but these have yet to be activated because of
resource ownership (i.e., water and land) and jurisdictional disputes with the local government of Compostela. 8
The river of Lusaran, emptying into Balamban west of Cebu City, has also been projected for water supply

7
Most land claimants co~ider tax declarations as valid and "legal" documents supporting land ownership. The
national government, however, does not share this view particularly for claims within public forest lands and
national parks. Tax declarations are issued by local government units regardless of the fact that these areas in

D question fall within reserves and other government lands.

8The municipality of Compostela, approximately 27 km north of Cebu City, lies at the mouth of the Kotkot
watershed. Fourteen (14) MCWD wells are located in this area. Its incumbent Mayor, Dr. Antonio Dangoy, has
D refused to grant MCWD the necessary permits for the operation of its wells. With plans for industrialization based
on the Japanese International Cooperation Agency (IlCA)-drawn Cebu Integrated Area Development Master Plan
(CIADMP), the mayor has moved for the: (1) dis-establishment ofKLRWFR's protected area status or repeal of

D the presidential proclamation which declared a part of this town under the watershed forest reserve, or (2) the
amendment of KLRWFR's boundaries. He is using this demand as a pre-condition to the granting of permit for
activation of MCWD wells. Late last year, Cebu Provincial Governor and RDC Chairman, Pablo Garcia, initiated
moves in the RDC for the lifting of the KLRWFR proclamation.

159
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development. Although the Lusaran dam project was the first among threeplanned for development,
infrastructural activities have not started because of technical and social considerations. These three rivers are,
I
for the most part seasonal in terms of water discharge and streamflow; substantial streamflows can only be
observed during the rainy season.
I
There is a high diversity of flora. fauna, and vegetation types in these areas. Upland Cebu is home to
2120 species of vascular and non-vascular plants and 707 species of fauna (Seidenschwarz and USC - BRG I
1997). A small forest in Barangay Tabunan in the Central Cebu National Park harbors a highly endangered bird
found only in this area, the panagoto or Cebu flower pecker (Dicaeum quadricolorTweedale). This area also n
shelters a rare, highly threatened and endemic plant species, the Cebu cinnamon tree (Cinnamomum cebuense
Kostermanns). Other examples of endangered, rare, and endemic flora and fauna in these protected areas are: l
<Copsychus
the black shama cebuensis
Steere); Cebu derris (.I&l:mcebuensis
Merr.); Cebu small worm skink
(Brachymeles
cebuensis
Brown and Rabor); and, the Cebu blind snake CTyphlops
hyp<2i,iaSavage). All species l
of the natural dipterocarp forest are threatened due to the destruction of the last forest patches in Cebu. Only
about 60-ha of this forest type remain on the island. 9 J
Geologically, the central Cebu area is composed of alternating formations consisting mainly of
limestone, shale, and volcanic material. Climatic conditions vary according to elevation. At higher elevations, l
e.g., 800 m above sea level, it is generally cooler and more moist. The dry season is longer and more pronounced
in lowland areas. Utilization of the upland resources is constrained by threemajor limitations, namely: steep
slopes, rapid soil erosion, and inherently shallow soils (CPDC 1996).

Where Tensions Run High

)
"You'll never miss water 'til the well runs dry," so the saying goes. True enough in Cebu, where water
still flows from the tap, the majority of its residents do not feel the need to conserve water. For the last eighteen
!
years, the Water Resources Center of the University of San Carlos (USC - WRC ) has been mapping the
intrusion of seawater into the province's coastal aquifers. In the mid-70s, they were dismissed as doom-sayers
J
for warning Cebuanos of an impending water crisis. Now feeling the pinch of water shortage, government,
]
business and the community are finding their own ways of addressing the problem.

I
9
Information contained in this paragraph and descriptionof the area's geomorphologyand climate were
contributed by Dr. Franz Seidenschwarz(personal communication 1997).The latter heads the Botany Research
Group of the University of San Carlos. USC-BRG has undertakenflora, fauna, and ecological studies in these areas.
J
I
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I
 The complex yet inter-related issues of water quality, water quantity, and watershed management can
be summarized as follows:
• increasing water demand due to growth in population and investment;
• limited availability and access to surface water sources;
• over-pumping of groundwater to meet increasing demand;
• contamination of the coastal aquifers thru saltwater intrusion, domestic and industrial
pollution;
• insufficiently-planned urbanization and industrialization in an island-province with
limited flat lowland areas;
• lack of environmental and resource conservation awareness;
• decrease in the number and extent of open "undeveloped" areas which serve as

l •
recharge zones;
denuded uplands and degraded watershed/river systems due to inappropraite land use
and land management practices;
• marginal and economically disadvantaged upland agricultural communities;
• land tenure/ownership conflicts in declared watershed forest reserves, public forest
lands and national parks, and
• institutional and infrastructural inadequacies and conflicts.

Sustainable water supply therefore hinges on these interlocking issues. Conflict revolves around:

• conservation/protection vs. exploitation/development of watershed areas, particularly those

declared as protected areas;
• jurisdictional disputes involving local government, national government, and inter­
j •
departmental policies and priorities, and
private vs. state vs. local government resource ownership .

The government's response to the critical water supply shortage has been contained, so far, within its
infrastructural plans and programs. The Mananga Project's, Phase I (weir dam, on-going construction) and
Phase II (high dam, planned), were designed to address the anticipated demand in the year 2000. Upon closer
scrutiny, even with the completion of this project, the projected demand for year 2000 will still be unmet, given
the need to limit, substitute, or discontinue present groundwater extraction. Other alternatives proposed include
the development of the Lusaran dam, construction and development of the Inabanga dam and an underwater
transmission pipeline from Bohol to Cebu, and the development of an integrated system of small to medium
scale dams in potential river basins within the greater metro Cebu area (CIADMPS 1994 in Gomos et al 1996).
10
These last two proposals are still being subjected to financial, social, and technical feasibility assessments.

·,
1
°1be Bohol-CebuWater Supply Project has received mixed reactions both from the Cebu and Bohol
constituencies.CUSW has submitted its statement on this issue to the public (see Appendix 4a).

161
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 InjectingNew Hope, Perspective,and Controversy:The Entry of CUSW
The issue of water supply transcends political, social, and geographical boundaries;
in an island situation particularly, everyone is affected. the poor and marginalized suffer the
most, having limited access to potable water. In Central Visayas, for example, 56% of the
population have no access to clean water (National Demographic Survey 1993, as cited in
cusw 1996).
Weary of governmental deficiencies in water resources planning and management, key NGO
representatives of Kaabag sa Sugbu (Support of Cebu, a local NGO network) met in December of 1994. 11
During this pivotal meeting, participants discussed the idea of integrating and broadening citizens' participation
in watershed management and planning. This response was triggered by a number of concerns: (1) the current
water shortage and imminent water crisis, (2) integrity of watershed areas in the face of plans for development
of a housing subdivision and golf course by a major real estate corporation (i.e., Ayala Land Inc. or ALI); (3)
the potential implications of (2) in setting development precedents for the area, (4) social considerations for the
upland farmers displaced by the ALI project, and (5) the termination of MWDA.
Wider public consciousness on Cebu's water and watershed problem was first stimulated by the raging
controversy over the ALI project, and furthered through a series of discussion-field exposure sessions conducted
by the Eduardo Aboitiz Development Studies Center (EADSC) of the Ramon Aboitiz Foundation Inc. (RAFI).
RAFI, then a member of MWDA, convened these forums in the last quarter of 1994 to help address the
protracted watershed conflict. RAFI-EADSC focused its attention on the critical watersheds of Mananga,
Kotkot, and Lusaran, and the reserves and national parks of Buhisan, Central Cebu and Sudlon. Technical
assistance for these forums was sought from USC-WRC and the Soil and Water Conservation Foundation
(SWCF). 12 These sectoral fora and dialogues spurred more interest on the twin issues of water supply and
watershed management. One of these discussion-cum-field exposure sessions targetted the media as participants
and this brought the issue to headline news. Media exposure, public awareness, and community action proved
instrumental in the conception and birth of the Cebu Uniting for Sustainable Water.

11
Kaabag sa Sugbu is a network of Cebu City NGOs establishedin 1992to monitor and influence governance
and promote NGO/PO solidarityin social development Kaabag anchoredall of the meetings and activitiesleading
to the first multi-sectoralconsultationon January 25, 1995 and the first plenary assembly on April 7, 1995.
12
USC-WRC is an academicresearch institutionmonitoringCebu's water situationfor the last 20 years. Fr.
Hennan van Engelen and Engr. Fe Walag serve as Director and Deputy Director,respectively.SWCF is a non­
governmentorganizationengaged in natural resource managementand environmentalprotection.Mr. Bill Granert
heads the SWCF. Both organizationsare membersof the defunct MWDA.

162
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 Responding to Cebu's worsening water supply-and-demand situation, the abolition of MWDA, and the
inadequacy of the government's infrastructure-orientedplanning processes, CUSW defines its mission as the
establishment of a more sustainable approach toward the protection, management, and development of Cebu's
water resources. The central Cebu watersheds and the coastal aquifers are its primary areas of focus. CUSW's
most immediate goal is the formulation and institutionalization of an integrated resource management and
landuse masterplan for the metro Cebu area, with special considerations for water resources management. It
seeks to establish an institutional mechanism which can implement and enforce this masterplan and provide for
continued monitoring, evaluation, and re-planning. In addition, CUSW aims to implement resource management
activities in the protected areas, particularly those that will enhance the quality of life of its residents.
CUSW was initially conceptualized and convened by eight members of Kaabag sa Sugbu.13
Subsequently, a larger convenor group was created which organized a multi-sectoral consultation.14 CUSW was
I then formally launched on January 25, 1995. Although noble in intent, CUSW was immediately met with
opposition from several barangay captains (elected village heads). The barangay captains, perhaps not fully
l aware of the mechanics of the consultation, alleged that they were being excluded from the process and later
staged a walk-out.15 While the NGO community fully endorsed and openly supported the creation and directions
of CUSW, a number of political leaders and line agency personnel (e.g., the Department of Environment and
Natural Resources, or DENR) remained lukewarm and non-committal.
I. Twenty-one sectors (as enumerated in Figure 4) were identified, and several individuals, or
organizations, were designated to represent each of these sectors in various consultations and forums. Among
j the sectors identified were community residents, owners, farmer cultivators in the upper catchment and
downstream areas, government agencies, the business community, local NGOs and other groups being directly

1 affected by the water problem.

13
The eight NGOswere:CebuLaborEducationAdvocacyandResearchCenter(CLEAR);EduardoAboitiz
DevelopmentStudiesCenter(EADSC);Fellowshipfor OrganizingEndeavors(FORGE);LihokPilipinaInc.;
PagtambayayongFoundationInc.;RamonAboitizFoundationInc. (RAFI); Soil andWaterConservation
Foundation(SWCF);and, VisayasCooperativeDevelopmentCenter(VICTO).
14
Membersof the expandedconvenorgroupare listedin Appendix(5).
15
Lettersof invitationweresent to leadersof organizationsrepresenting21 sectoralinterests.The presidentof
the Associationof BarangayCaptains(ABC)and CebuCityCouncilorAnaniasOuano,was invitedto representthis
sector.Throughthe mediaand otherinformation-education-communication materials,the generalpublic was also
encouragedto attend.The hillylandbarangaycaptainslaterimpliedthat the ABCpresidentdoes not and cannot
fullyrepresenttheir interests,henceall of themshouldhavebeen invited.It appearedthough,that thosebarangay
captainsand councilorswhojoined the walk-outwereorganizedand negotiatedwithprior to the consultation.It
was observedthat they were caucusingwithsomebig landownersandrepresentativesof real estatedevelopers.

163
Sectorsrepresentedin cusw
farmers fisherfollc business professionals urbanpoor
youth academe religiousgroups civicgroups cooperatives
politicalleaders
NGOs
localgovernment
line agencies
landowners
women
hillylandresidents interestedindividuals
health labor
l
Figure 4
At the first multi-sectoral consultation and in succeeding barangay (village) dialogues, organizational
and sectoral positions, interests, and views on watershed management were discussed and documented. These
results were then synthesized into what later became the 12-point framework for watershed management and
development (Figure 5), which will ultimately serve as a guiding document in the drafting of the resource
management and landuse masterplan16• This framework was presented and adopted during the first CUSW
General Assembly, convened on April 7, 1995. The framework was also used as a campaign platform for local
and national elections that year.
12-Pointframeworkfor watershedmana=11entand development
• integration of watershed • use of biodegradable • promtion of
communities and non-toxic human security
substances agenda
• respectof prior rightsover • installationof potable • incorporationof a
A& D lands watercontamination, methodof
atmosphericpollutionand measuringsocial
noisereductioncontrol impact
systems
• protection& promotionof •. installationof • non-discrimination
biodiversity environmentally efficient of localresidents
wastemanagement
systems
• adherenceto a watershed • respectof the dynamismof • extended
resourcemanagementplan localculture accountabilityof
projectdevelopers
Figure 5
CUSW, a multi-sectoral coalition, is now registered with the Securities and Exchange Commission as a
non-stock non-profit organization. Its General Assembly, which meets annually, is composed of 77 institutional J
and 66 individual members. The Assembly is CUSW's highest policy-making and governing body. A
Coordinating Council, which meets on a quarterly basis, is composed of elected sectoral representatives and
serves as the link between CUSW and organizations within a specific sector. An Executive Committee

16
See Appendix( ) for the integratedresourcemanagementand landuseplanningapproach.

164

I
 composed of 10 members meets twice a month. There are 5 support committeesopen for membership,and these
l are: (1) Education/ Advocacy,with sub-committeeon Media Liaison; (2) Special Projects, (3) Research and
Planning, with Experts Selection and Content sub-committees;(4) DevelopmentAdministration,with sub­
committees on Fund Raising and MembershipInvolvement(MI); and, (5) Monitoring and Evaluation (M & E).
CUSW is also supported by a TechnicalAdvisory Group and an administrativeand technical secretariat.Figure
6 below presents CUSW's organizationalstructure.

' ] structureof cusw

Or&anizational

I Gcneralfsembly

.l
CooromarCg
Couocil
Executive ormmttee

TechnicalAdvisoryGroup....•..... .l....................................
Sec~t

l
Educ. I Advocacy
(Media Liaison)
l
Special Projects
!
Research & Planning
(Experts Selection)
l .
Dev. Admin.
(Fund Raising/Ml)
l
M&E
J Figure 6

The coalition includesgovernmentagencies, non-governmentalorganizations,

business corporations, private groups, professionaland civic clubs, academic and research institutions,people's
organizations,and other community-basedand religious groups.17 The number of households participating
through CUSW member-organizationsis estimated, conservatively,at 30,000. This figure translates to some

I 180,000 women, men and children (CUSW 1996).

As far as we are aware, CUSW is the first and only civil society-initiatedmulti-sectoralcoalition
j dealing with water resources policy and managementin the Philippines in particular, and SoutheastAsia in
general. Its facilitation and convening approachesin integratedresource managementand land use planning may

J
17
See Appendix (6) for complete list of CUSW members.

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be of relevance to other provinces in the Philippines and to other democratic states. Since Cebu is considered the
nexus of development in the Visayas group of islands, its continued and sustained growth will have a strategic
impact on neighboring provinces. Cebu's ability to address the problems of water supply and watershed
management will therefore have a significant bearing on the rest of the region.
I
Diffusing the tension: parallel, collaborativeattempts at dispute resolution
l
Philippine society generally considers the English word "conflict" as taboo. This cultural propensity to
'conceal' conflicts influences the way disputes are managed in both inter-personal and policy-related settings.
The normal response to dispute situations is to seek efforts toward conciliation and harmonization. In
general, family-level conflict is resolved through the intervention of an elder respected person, usually a man,
who steps in at the height of a dispute and pacifies "warring" parties. The manner in which barangay disputes
are handled generally reflects this traditional approach to resolving conflicts, with the barangay captain serving
as referee. When transposed to a higher level of conflict, these efforts require the personality of a religious or
political leader as third party arbiter and mediator. At the other end of the spectrum, in cases where the stakes ]
are high and the issues critical, conflicts are often pursued through the court system. Legal battles are frequently
waged without prior attempt at clarification, conciliation, and/or negotiation. Mediation in natural resources and )
environmental conflicts is a relatively "new" approach in resolving disputes in the Philippines, since there are
few professionally trained or certified mediators. Formal mediation or other alternative, consensual forms of 1
dispute resolution have yet to be seen as viable options to litigation.
In Cebu's water conflict, where there are clearly divergent views and interests, several attempts have
been made to bridge these differences. Arguments initially focused on varying technical understandings of the
implications of infrastructural development activities. At that time, upland and lowland barangay residents,
leaders, and most of the Cebu community did not have a clear understanding of the concept of "watershed". In
l
many instances, they regarded the watershed as something that could be moved, hence many believed that j
watershed boundaries could be adjusted.
There was an obvious need to "educate" stakeholders on the concepts of watershed and watershed
management Forums and watershed tours were conducted for various sectors and these were first facilitated by
RAFI-EADSC. The initial audience included the NGO community, the business community, and the media.
j
This series of forums, field trips, meetings, advocacy, media exposure, and the continuing press war moved
NGO leaders to constitute a multi-sectoral consultation. Through small group discussions and meetings, NGO
leaders agreed that a watershed masterplan was needed to rationalize various development plans and interests.
]
Identified as a problem-solving approach rather than an attempt at dispute resolution, the NGO group sought to
I
166
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 gather views and interests from the broader population. Following the first consultation, the Coordinating
Council of CUSW confirmed and supported the need for a watershed masterplan. (For a quick overview of the
time-line of key events, see Figure 7).

Time-line
ofkey eventsIeadine of cusw
to theformation
May 18, 1988 RDC passed a resolutionendorsingMananga as a critical watershedand
creationof ManangaWatershedManagementCommittee
September 1989 Gov. E. Osmenaconvenedand formedMWDA
December 5, 1989 Pres. Proclamation502 establishedthe MWFR
May 29, 1990 Pres. Proclamation581.expandedMWFR coverage
December7,1990 RDC passed a resolutionratifyingthe creation of MWDA
June 29, 1992 Pres. Proclamation932 establishedthe KLRWFR
1992 PhilippineCongress passed R.A. 7586 (NIPAS Act)
1990- 1994 MWDA reviewedand assessedpublic and private developmentplans in
the three watersheds,includingCity government's irrigationproject and

] last quarter of 1994

ALI's golf course - residentialestate developmentplan
"discovery"of boundaryflaws for KLRWFR,excludingcertain
portionsin the headwaters
December 1994 RAFI-EADSCorganizedforums on water supply & watersheds
December 20, 1994 RDC dissolvedthe MWDA
December 23, 1994 Kaabagsa Sugbu meetingre MWDA dissolution,ALI proj. implications,
water supply and watershedsituation
Dec. 26 '94 to NGO convenor group expandedand preparedfor multi­
Jan. 24 '95 sectoralconsultationand launching
January 25, 1995 CUSW launchingand first multi-sectoralconsultationon water supply and watershed
management

Figure 7
The 12-point framework, which will be reviewed and validated by technical experts through a series of
studies, embodies the sustainability criteria for all watershed development initiatives. CUSW provided another
perspective to the water supply-watershed issue, developed thru its:
• coalition and consensus-building efforts,
• plenary, sectoral, and focus group gatherings, and
• continuing advocacy, political bargaining, lobbying, and education activities, for example,
awareness campaigns like the "Piso-piso" Gust a peso) for water, water fair caravans, briefing
sessions, watershed tours, and media coverage.

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 1
From late 1994 until mid-1995, the political and bureaucratic leadership did not express opposition to
the call for a watershed masterplan; neither did they offer support for such a plan. CUSW members recognized
l
that the landuse planning process would help rationalize differing interests and serve as a mediation and conflict
resolution mechanism. It therefore centered its lobbying and advocacy efforts on the need for a process of
formulating a comprehensive masterplan. The coalition sought support from local, national and international
groups in advocating for technical planning and financial assistance for the process . The Ford Foundation and
Misereor (Germany) visited CUSW, participated in the discussions and offered various forms of assistance,
including funding support and advocacy. CUSW ultimately assumed the role of facilitator-convenor, although it 1
was not always seen that way in the early stages. The coalition gradually evolved into a forum where varying
interests could be discussed by all stakeholder groups, and pursued one major goal, that of the formulation and
implementation of a masterplan for water resources (i.e., watershed and coastal aquifers) management.
Significant headway, in terms of government's recognition of the masterplan proposal, was made when l
the new mayor, Alvin B. Garcia, took office in mid-1995. Assuming a conciliatory posture with the NGO
community, Mayor Garcia initiated NGO-GO meetings which led to the signing of an agreement with CUSW l
on December 6, 1995. This partnership agreement laid the foundlition for cooperative work towards the
formulation, implementation, monitoring, and evaluation of an integrated water resources management and I
landuse masterplan. A day after the agreement was signed, the mayor invited CUSW to join a meeting with the
Canadian International Development Agency (CIDA). At this meeting CIDA committed in principle to fund the
preparation of the Terms of Reference (TOR) for the masterplan. CUSW subsequently prepared a concept
I
paper and a more detailed proposal, and with the Mayor's endorsement, submitted this to CIDA. This document
became the basis for CIDA's assistance.
The importance of using accurate and reliable information in the planning process and as a tool in
bridging conflict cannot be over-emphasized. CUSW worked, on its own and with the Cebu City Mayor, in
!
finding ways and means to rai~ political, moral, financial, and technical support for the conduct of multi­
disciplinary studies and community validations. Assisted by CUSW, Mayor Garcia hosted an executive caucus
I
with other Cebu mayors as an awareness-and-support-raising activity.
Tasked with fund-raising, RAFI-EADSC, assisted by other CUSW members, distributed copies of the
Cebu Water Resources Development Masterplan proposal to several funding agencies and national legislators.
The Fund Raising Committee met with individual legislators, political, and business leaders to present CUSW
interests and explore possibilities for cooperation. Activities of various other committees, as well as efforts
undertaken bv CUSW-rnember agencies, strengthened this call for action. The initiatives taken by the Bishops' -
j
l
168

J
 Businessmen's Conference-Cebu (BBC-Cebu) in convening clarificatory meetings also contributed significantly
l to CUSW's agenda. 18
On January 25, 1996, CUSW organized its first-anniversary forum, inviting the Secretary of the
l Department of Environment and Natural Resources as guest speaker. At this meeting, Secretary Victor 0.
Ramos was presented with a petition calling for the convening of the masterplan formulation process. Signifying
support for the demand, Sec. Ramos agreed to sign the document.
The following day, another consultation was organized by the Cebu City government with the
assistance of EADSC. Initiated by the mayor, the consultation sought to present and discuss the mayor's
proposal on the drafting of interim landuse guidelines for the upland areas surrounding Cebu City. This

l consultation resulted in the creation of an ad hoc Land Use Committee (LUC) and the establishment of
procedures for its preparation. 19 The Cebu City government, working with the LUC, organized dialogues with

l upland residents and sponsored field trips for barangay captains to neighboring provinces. In addition, they
conceptualized two studies: ( 1) an inventory of flora and fauna, and (2) a review of existing bio-physical, socio­

1 economic, political, legal, and institutional data. These studies were funded jointly by the German Development
Service and the Cebu City government. The LUC's existence was formalized by the mayor through the signing
of Executive Order 96-11 on September 30, 1996.
To enhance their technical capabilities and promote networking, USC-WRC, DENR, RAFI-EADSC,
SWCF, UAP-Cebu Chapter, PBSP personnel and other CUSW members participated in local, national, and
international trainings, seminars, workshops, and conferences. CUSW also organized a series of internal
strategic planning sessions and regular meetings to map directions and operationalize its goals and activities.

Drops of water on parched ground: analysis and comment

Biases and interests tended to shape the way issues were articulated by different stakeholder groups.
For example, most NGOs voiced concerns over water supply, conservation, and development, while upland

J
13
BBC-Cebu, chaired by H.E. Ricardo Cardinal J. Vidal and co-chaired by Mr. Ernesto Aboitiz, convened
several meetings with different groups (e.g., DENR, ALI, NEDA, MCWD, CUSW) between 1995-1996for
clarification of water-relatedissues and conciliation-mediationattempts.Its Ecology Committee is headed by Mrs.
Josephine Aboitiz-Booth,former chairpersonof MWDA. Most of the members of the BBC-EcologyCommittee are
also members or supporters of CUSW.
19
CUSW is representedin the LUC thru the Chairpersonof the Research and Planning Committee,Mr.
Casiano Catapang. Several LUC-membersare either members of CUSW or allied with its interests.The LUC was
constituted to draft the landuse guidelinesas a stop-gap mechanismwhile waiting for the comprehensive
masterplan.

169
 l
residents and landowners pushed for economic development. Elected barangay leaders eager to capitalize on the l
value of land for real estate development and a higher share in tax revenues, expressed support for the
conversion of lands from agricultural use to housing estates and the development of recreational facilities such
as golf courses. Likewise, farmers and tenants who depend on the land and resources for livelihood and
l
sustenance feared that the proclamation declaring the watersheds as protected areas would restrict them from
using agricultural chemicals, especially for mango production. Large landowners and developers keen on
enhancing business opportunities enlisted the support of key political leaders to protect their interests.
Nevertheless, it is important to disaggregate varied perspectives within the primary stakeholders'
l
groups, because they are far from homogeneous. Some landowners also regard themselves as farmers, and
therefore express a strong interest in continued agricultural production; other landowners who reside in the area l
have portions of their land tilled by tenants, so they may not necessarily value their land for agriculture and may
be more interested in seeing it converted for real estate development. Many of those under the latter category are
pressing for land titling. Tenants and tillers may have different concerns over livelihood and food production
issues. A process has been designed to help determine interests, concerns, hopes, and aspirations within the J
various stakeholder categories.
As an intermediary, CUSW has both attracted new supporters and lost others. Those organizations
which chose to withdraw from the coalition alleged business-interest bias and had expectedCUSW to express
critical (i.e., negative) positions on specific development matters. Issues of contention included land
reclamation in Cordova, Mactan, industrialization in Naga and Balamban, construction of a high dam in
Mananga; and the piping of water from Bohol to Cebu. The Executive Committee, confirmed by the
Coordinating Council, voted by consensus to express opinions and interests only on matters which had direct
~aring on the water issue and dismissed other concerns as outside its mandate. 20 Three organizations later
withdrew from the coalition over these issues.
\
CUSW has encountered varied allegations of bi"assince its inception. The coalition was initially
regarded as 'anti-development and anti-people environmentalists' by some political and business leaders; this
l
was followed by the "coiio war' (connoting business rivalry between two families of Spanish descent) in which
the Aboitizes were pitted against the Ayalas. 21 Much later another assertion was made that the coalition was
J
j
20
See Appendix (4b) and (4c) for CUSW statementson the Mananga Dam and the proposed dis­
establishmentof KLRWFR.
21
"Coiio" is a vulgar word used commonlyby Spanish-speakingpeople in the Philippines.The term "coiio
war" was coined and used by some newspapercolumniststo draw conjectureon the watershedconflict The Ayalas
and the Aboitizes are two prominentFilipino-Spanishfamilies engaged in real estate developmentand other

170

I
l
pro-business. CUSW persisted and stayed on its defined course despite these negative declarations. With
I "sustainable water" as its unifying agenda and the corollary goal of improving the quality of life, CUSW has

~l gradually acquired more acceptance and support.

The key elements which contributed to this consensus- and coalition-building process were:

• the inclusion and participation of all stakeholders, both through representation and direct
involvement;
• a collectively defined vision, mission, and goals;
• the use of educational, information-gathering, and planning approaches as tools for
capability enhancement and mediation;
• the promotion of dialogue, trust and the establishment of constructive working relationships
through various activities (e.g., meetings, caucuses, forums, one-day workshops, small group
discussions, field trips, enlistment of political support, among others);
• volunteerism, membership commitment and involvement;
• delegation of responsibilities through committees and working groups; and
• the establishment of a pro-active secretariat.

The Cebu populace has generally been willing to be involved in the process because of the urgency and
j importance of the water problem as well as the fact that compelling individual and group interests were at stake.
Issues discussed during the process covered aspects of residency, private land ownership and tenureship,
biodiversity protection, resource management planning, the use of bio-degradable and non-toxic substances,
pollution, waste management, local culture, human security, social impact, class discrimination, and the
accountability of land developers.
Some dynamics of the process included, among others, the:
• development of apparent alliances between landowner-residents and "absentee"
landowner-real estate developers, and, landowner-developers with key political leaders;
• development of a formal partnership between CUSW and the City Government for the masterplan
formulation process;
• recognition of the role of CUSW as facilitator-convenor by DENR and Cebu City
government;
• creation of the Land Use Committee;
• inclusion of CUSW by DENR in NIP AS-related activities and processes;
• development of a CUSW/LUC-facilitated agreement between DENR and the City
Government of Cebu for collaborative resource management and land use planning for the uplands; and
• gradual unfolding of more internal and institution-related policy concerns.

The formulation and institutionalization of an integrated resource management and land use masterplan
is viewed as a fundamental element in resolving water-related conflicts in the metropolis. Water resource

businesses. The fonncr arc traditionallybased in Manilawhile the latter are Cebu-based.

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management should involve both supply-and-demand-side management options. Supply-side management
involves planning based on estimated demands for a future year, largely fixed on past usage coefficients, and
then selecting supply options that can meet the estimated gap (Easter and Nickum 1994); whereas, demand-side
management considers pricing options and other water conservation strategies to minimize water use. This
masterplan may however emphasize supply-side management scheme for the watersheds and coastal aquifers,
considered here as primary water management areas and hydrologic units, through landuse planning. CUSW
proposed and advocated for this in 1995. It was broadly accepted as the most logical approach. Non-origination
of the idea and concerns on turf hindered the support of some political and bureaucratic leaders.
One of CUSW' s more important achievements has been in gaining the support of the incumbent Cebu City
Mayor in accepting the basic recommendations and the subsequent preparation of landuse guidelines through
the LUC. A formal agreement has been signed to secure conformity and provide guidelines for action. The
partnership agreement covers all major issues and concerns over the conduct of multi-disciplinary studies and
the integrated resource management and land use planning approach. The constitution and formalization of the
LUC and the various educational, relationship, and trust-building activities that ensued are products of this
agreement.
The NIP AS Law compels the DENR to institutionalize participatory resource management planning
efforts in protected areas. This legislative measure confirms the approach CUSW has advocated from the very
beginning. Although the NIPAS Law was approved on June 1, 1992 by President Aquino, its provisions were
not widely known at that time. In fact, its visible implementation in Cebu started only in late 1995 when DENR
invited organizations to nominate representatives to sit in the various Protected Area Management Boards
(PAMBs). The NIPAS Law mandates DENR to attend to these critical resource management issues and
facilitate the establishment of appropriate tenurial instruments.
In addressing the apparent jurisdictional over-lap between institutions, a Memorandum of Agreement l
·(MOA) between the City Government of Cebu and the DENR has been drafted and is currently under
consideration. Facilitated by CUSW and the LUC, this MOA provides for collaborative planning procedures I
for waterresources management and fanduse planning, as well as the institutionalization of these efforts.
Similar to the CUSW/Cebu City Government MOA, steps are outlined and responsibilities of both parties
stipulated. As soon as this agreement is signed, the tri-partite relationship will be completed and formalized.
This step is considered necessary in reconciling concerns over inter-governmental jurisdiction and policy­ I
oriented conflicts (i.e., NIPAS vs. the Local Government Code). RAFI-EADSC, which serves as technical and
administrative secretariat for both CUSW and LUC, renders informal coordination betweenthese J
complementary initiatives.

172
 CUSW meetings and program activities have proceeded as planned, although certain assemblies did
experience disruptions. These disruptions involved positional debates over specific issues and often grew out of
ideological disagreements. The efforts of LUC and the mayor were instrumental in drawing barangay captains to

l the table for discussion and dialogue. In public policy disputes, where political and moral backing is cri~cal,
CUSW has sought and gained the support of key members of the Senate and House of Representatives, along
with other important local leaders. A bill proposing the creation of a Cebu Water Resources Authority has been
drafted by CUSW, with the help of Rep. Raul del Mar, and submitted for consideration. The same draft bill was
filed in the Senate by Member Sergio Osmena ill. This move is consistent with CUSW's second major goal of
establishing an institution vested with the responsibility for the implementation, enforcement, monitoring,

l evaluation and re-planning of the masterplan. Senators Marcelo Fernan and Sergio Osmefia ill have provided
financial assistance for CUSW-proposed community projects. 22
Government agencies, NGOs, universities, and businesses are now working together towards the achievement of
the planning goal. Relationships have been bridged and various parties are slowly gaining trust and confidence
with each other. Central arguments are, however, expected to arise during socio-technical deliberations.

Quo vadis CUSW ?

The nature and complexity of Cebu's "watershed wars" present obvious challenges in identifying
sustained success in the resolution of water management conflicts. The dynamics of the process and the multiple
issues which emerge from "resolved" conflicts make it extremely difficult to place it against a yardstick of
desired change. Conceived as a solution to fill the vacuum left by the dissolution of MWDA, CUSW, by its
mere creation, also led to the emergence of new conflicts.
In seeking comprehensive and lasting agreements in the resolution of natural resource conflicts,
progress must be assessed on three fundamental criteria: relationships, process, and substance (Fisher and Ury
1991). Since significant strides have been gained in terms of building constructive relationships among the
parties, more effort must be focused on achieving substantive agreements and in moving procedures forward.
The substantive phase of negotiations over water management issues is now being addressed through the
process of resource management and land use planning.
The value and benefits of a consensual approach to conflict resolution include: (1) comprehensive
analysis of the situation, and improved quality of solutions and responses, (2) participation of all stakeholders

22
Senators Marcelo Fernan and Sergio Osmeiiaill have allocated 5M Pesos and 1.6MPesos (1 US$= 26
pesos) respectively,for resource protection,rehabilitation,and educationactivities. ·

] 173

1
and/or representation of their interests, (3) common ownership of proposed solution ensuring subsequent action
and long-term viability, (4) better coordination because of improved relationships, and (5) greater potential for
discovering creative solutions to substantive arguments (adapted from Gray 1989).
Through its constitution and composition, CUSW has engaged both local and national government to
respond to the water supply-watershed issue more comprehensively. It has exercised its influence and
maintained constituent support through a number of strategies, including:
• issues prioritization and establishment of preliminary frameworks of engagement such as the definition
of its vision, mission, and goals;
• conduct of educational forums, field exposures, cross-visits, lobbying for legislative and political
action, and advocacy (including election-related campaigns);
• inclusion of various key stakeholders, especially government and other political leaders, in the various
processes and enlistment of their cooperation and support;
• promotion of dialogue and diplomacy, networking and linkaging;
• facilitation, coordination, training, leadership development and resource mobilization through the use of
staff, volunteers, experts;
• incorporation of resource management and land use planning as a tool and process for dispute
resolution;
• membership involvement through committee and working group formation; and
• engagement of tri-media .
With water supply and watershed management as its common point of convention, groups of diverse
J
interests and backgrounds have come together and collectively assessed the water issue, defined basic goals and
directions , and mobilized resources to influence and achieve these goals. Each of these important facets of
institutional development also presented major challenges and conflicts for CUSW.
l
Some quarters still contend that CUSW's pluralist forum is partial, co-optive, illegitimate and non­
binding. This perception may be readily understood when analyzed both from the nature and composition of
CUSW, and the problems it seeks to address.
The conflict in Cebu over water supply and watershed management is far from over. While steps have \
been taken to address the major disputes, the process is very much an on-going effort. Lessons from the Cebu
experience may be drawn from the way ordinary stakeholders have initiated a consensual problem-solving I
approach as a means of resolving conflict. What is particularly unique about the CUSW experience is the
important role of civil society in initiating these actions without calling for an outside intermediary. The time J
may arise when the services of an outsider (neutral mediator) may become necessary. The fact remains,
however, that most of the conflicts were resolved through the consensus-building efforts of an inside player.
Contrary to the western perspective of third-party mediation, the CUSW experience may well prove the
effectiveness of insider-facilitated environmental conflict resolution. J

174

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 ]
Appendix1
l IOIAL fOfULAIIONANDNUMBER
OEHOUSEHOLDS
Cebu Provinceand Metro Cebu
I
Number of Households
] 1990
Total Population
1995 % change 1990 1995 % change

Cebu Province 2,645,735 2,921,145 10.41 505,958 583,186 15.26

Metro Cebu 1,309,396 1,474,603 12.62 245,794 295,782 20.34

' ] Cebu City 610,417 662,299 8.50 I 14,708 134,986 17.68
MandaueCity 180,285 194,745 8.02 34,403 40,941 19.00
Consolacion 7,912 9,996 26.34
I
41,270 49,205 19.23
Liloan 42,587 50,973 19.69 8,260 10,264 24.26
Compostela 22,006 26,499 20.42 4,255 5,163 21.34
DanaoCity 73,358 79,932 8.96 14,460 16,129 11.54

1 Lapu-lapuCity 146,194 173,744 18.84 26,762 33,741 26.08

Cordova 22,331 26,613 19.18 4,006 5,172 29.11
Talisay 97,955 120,292 22.80 18,202 22,928 25.96

.I Minglanilla
Naga
50,875
60,425
62,523
69,010
22.90
14.21
9,233
11,372
11,382
13,545
23.28
19.11
San Fernando 35,051 38,700 10.41 6,681 7,664 14.71
] Outside Metro Cebu

Toledo City 119,970 121,469 1.25 22,272 22,955 3.07

Source: National StatisticsOffice

l
175
 Appendix2

PROFILEOFSELECTEDCENTRALCEBUWATERSHEDS
Attributes Mananga Balamban Kotkot
at Camp IV atLusaran at Cabadiangan
Area (ha) 6,800.0 6,730.0 7,120.0
Slope & % distribution
0-25% 17.0 12.4 34.8
25 -40% 27.7 22.7 46.1
40- 60% 33.3 28.9 13.0
>60%
Geology (% distribution)
22.0 36.0 6.1
I
volcanic 63.6 40.7 10.5
limestone
alluvium
Land classification(%)
35.4
1.0
58.3
1.0
88.5
1.0 l
A&D 40.0 10.0 80.0
Gov't. land 60.0 90.0 20.0
l
Surlacewater potential (cum/ d)
120,000.0 160,000.0 100,000.0
]
Land cover: Mostly shrubs, grasses, mango, coconut, ornamental plants, com, vegetables, some sugarcane and sparse
forests.
Source: USC-WRC ]
]
Appendix3

MWDACOOPERATING
AGENCIES
l. Office of the Governor, Cebu Province
2. Office of the Mayor, Cebu City through the Central Cebu Hilly land Development Project (CCHDP) later named the Cebu
City Hillyland Resource Management and Development Commission (CCHRMDC)
3. Bishops-Businessmen's Conference - Cebu (BBC-Cebu)
4. Ramon Aboitiz Foundation Inc. (RAFI)
5. University of San Carlos - Water Resources Center (USC-WRC)
6. Soil and Water Conservation Foundation, Inc. (SWCF)
7. Philippine Business for Social Progress (PBSP)
8. Visayas Cooperative Training Center (VICTO)
]
9. Metro Cebu Water District (MCWD)
10. Department of Environment and Natural Resources - Region VII (DENR 7)
11. Department of Agriculture (DA) ]
12. Philippine Tourism Authority (PTA)
13. Farmer's group (represented by Barangay Captain Daya Calleno of Buot Taup and Doming Balili of Sudlon)

Source: Booth, Josephine 1995 (The Mananga Watershed Development Authority, A Report)

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 Appendix 4a

cuswSTATEMENTONTHEPROPOSED
CEBU-BOHOL
<INABANGA}
WATERSUPPLY
PROJECT
The Cebu Unitingfor SustainableWater (CUSW)assertsthat in assessing the proposed Cebu-Bohol (lnabanga) Water Project,
preferential consideration should be given to the needs and interests of the Boholanos.

The governmentand people of Bohol may wish to undertake the project in the context of a comprehensive development plan
for water resources management and development. Let that decision be theirs.

Should the Cebu-Bohol (lnabanga) Project be pursued, CUSW declares that it should not be made a justification to lift and
removepoliciesand measuresprotectingand conservingthe central Cebu watersheds. Nor should it make Cebuanos forget that
the present extraction of groundwater in Cebu should be moderated if further intrusion of saltwater is to be prevented.

Cebu's watersheds remain a potential source of surfacewater as well as a major contributor to the recharge of underground
aquifers.Thus, even as CUSW recognizes the need to tap and develop _additionalsources of water to meet present and future
requirementsof the metropolitanCebu area, it maintains that Cebuanos also need to continue using and conserving their own
water supply responsibly.

The InabangaDevelopmentproject, proposed by the Metro Cebu Water District, is envisioned to generate a daily production
of 130,000 cu m for Phase I and 260,000 cu m for Phase Il by using the 750 km catchment area of the Inabanga watershed.

CUSW makes the following recommendations:

j • The project should be thoroughlyevaluated. Consideration should not only be if it is technically sound, but also if it is
socially acceptable, environementally-friendly,and economicallyfeasible.
• If and when evaluation results are favorable, the following should be addressed or undertaken:
1. social preparationincorporatingbroad-basedparticipationand consultation.
2. special attentionand means of meetingthe needs and interestsof directly-affectedresidents,particularlythose who will be relocated.
3. watershed rehabilitation and protection integrating appropriate soil and water conservation measures, flora and fauna
conservation/enhancement/protection, enhancementand protectionof waterquality and quantity thorugh appropriateuse of land and
resoorcemanagementpracticesincludingcontroland regulationof agriculturalchemicalsand other farm inputs, gold mining extraction,
etc.
4. water conservation policies, schemes, measures, programs including awareness on water use minimization, efficiencies and
improvementsin distribution.
5. fair price structuresand affordablewater rates
6. maintenanceand facilitiesimprovement
7. continuingmonitoringand evaluationto see if above-citedconditionsarc met, and re-planning,where necessaryand appropriate.

When the water gets to Cebu, CUSW's concerns arc quality, quantity, sustainability of supply and the price.

177

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 Appendix4b

CUSWSTATEMENT
ONTHEMANANGA
DAM
The Cebu Unitingfor SustainableWater (CUSW) supports the proposed construction of the Mananga Dam, subject to certain
precautions.

CUSW recognizes the need to tap and develop additional sources of water to meet present and future requirements of the
. metropolitan Cebu area. It also realizes the urgency to lessen current groundwater extraction to prevent further saltwater
intrusion. Thus, it sees the watersheds as a potential source of surfacewater as well as being the major contributor to the
recharge of undergroundaquifers.

Today,there are avrioustechnologiesavailablefor the use and developmentof gorund and surface water sources. One of these
is the proposal from the Metro Cebu Water District (MCWD) to build a high dam in Mananga.

CUSW, while seeing the emrits of this proposal,recommendsthat the project be thoroughly evaluated. Judgment should be
l
made not only on whether it is technically feasible, but whether it is socially acceptable, environmentally friendly and
economicallyfeasible.
l
We further recommend that MCWD address or undertakethe following:
I. social preparation incorporatingbroad-based participationand consultation.
2. special attention and means of meetingthe needs and interestsof directly-affectedresidents, particularly those who will 1
be relocated.
3. watershedrehabilitationand protectionintegratingappropriatemeasures to conserve, enhance and protect soil and water,
flora and fauna, including water quality and quantity thorugh appropriate use of the land and resource management
practices includingcontrol and regulationof agriculturalchemicals and other farm inputs, etc.
l
4. water conservationpolicies, schemes, measures,programs includingawareness on water use minimization,efficiencies
and improvementsin distributionetc.
5. fair price structures and affordable water rates.
l
6. maintenanceand facilities improvement
7. continuing monitoring and evaluation to sec if above-cited conditions are met, and re-planning, where necessary and
appropriate.
8. observance of strict mitigationand safety measuresduring the constructionphase of the dam.

CUSW submitsthat in order to balance the needs and interests of stalceholders,any development in the watersheds should be
undertaken in the context of a comprehensivewater resources managementand land use plan.
J

178
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 Appendix 4c

CUSWSTATEMENTONTHEPROPOSEDDIS-ESTABLISHMENT
OF THE KOTKOT­
LUSARANRIVERSWATERSHED FORESTRESERVE
The Cebu Uniting for Sustainable Water (CUSW) recognizes the importance of the central Cebu watersheds in the recharge
of underground aquifers and as a surface water source for the metro Cebu area. ·

We maintain that because of their critical importance the integrity of watersheds as a source of needed water should be
preserved.We are therefore against the proposed dis-establishment of the reserve status of the Kotkot-Lusaran watershed, as
well as any amendment of the proclamation's area of coverage inconsistent with the natural topographic boundaries of these
catchments. We also urge Pres. Fidel V. Ramos to immediately sign the re-surveyed watershed boundaries.

PresidentialProclamation932, signed by then President Corazon C. Aquino on June 29, 1992, established the Kotkot-Lusaran
WatershedForest Reserve(Kl.RWFR)"for the purpose of protecting, maintaining or improving the water yield and providing
restrainingmechanismsfor inappropriate forest exploitation and siruptive land use". The area so declared embraces portions
of the cities of Cebu and Danao,and the municipalitiesofbalamban,Consolacion,Compostela, and Liloan. Based on the second
survey, it covers a total of 14,072 hectares and involves 21 barangays.

Pursuant to our objective of helping address the need for potable water for Cebu, CUSW respects and upholds Presidential
Proclamation932 and its coverage based on the natural topographic boundaries of the combined Kotkot-Lusaran watersheds.

We base our position on the following points:

• the Lusaran watershed is projected to provide a daily average of 160,000 cu m of surface water, serving 83,400
connections. The Kotkot watershed provides 202,000 cu m per day through 31 major MCWD wells. These wells alone
account for 20-25 % of the MCWD water supply.
• the Kotkot-Lusaran watershed is conidered an environmentally-critical area because of the public infrastructure
investments within it both planned and already existing such as the Lusaran dam, the OECF watershed rehabilitation
project and the Compostela and Liloan wellfields. Its natural resource attibutes like its critical slopes and geological
features on the one hand and the present state of degradation on the other add to the vital importance of the watershed.
• the Kl.RWFRis an initialcomponentof the NIPAS Law (R.A. 7586) calling for the adoption of appropriate management
zoning and resource use to achieve biological diversity and sustainable management and development of resources.

The concerns raised by the Provincial Government of cebu, particularly those reflecting the interests of the Municipality of
Compostelafor urbanizationand industrialization,must be taken under the framework of sustainable growth and development.
We therefore encourage the Municpality ofCompostela, MCWD, and DENR to settle the issue on the wellfiedls amicably,
assessing the impact of development plans on the sustainability of the resource on which all life depends -- WAlER.

179
 AppendixS

MEMBERS
OFTHEEXPANDED GROUPFORcusw
NGO-CONVENOR
I. American Chamber of Commerce
2. Barefoot Media Initiative (BMI)
3. Bisig - Cebu
4. Cebu Citizens' Movement for People's Empowerment (C-CIMPEL)
5. Cebu Youth Center
6. Cebu Labor Education, Advocacy, and Research Center (CLEAR)
7. Commission on Service
8. Eduardo Aboitiz Development Studies Center
9. Fellowship for Organizing Endeavors (FORGE)
10 Freedom from Debt Coalition
11. Kaabag sa Sugbu
12. KAKASAKA
13. Lihok Pilipina
14. Mag-Uugmad Foundation Inc. .
15. Movement for the Advancement of Student Power
16. Pagtambayayong Foundation
17. Philippine Business for Social Progress
18. Philippine Partnership for the Development of Human Resources in Rural Areas
19. Protestant Lawyers League - Environmental Legal Assistance Center
20. Ramon Aboitiz Foundation Inc.
21. Rotary International - District 3860
22. Soil and Water Conservation Foundation, Inc.
23. TAMANI
24. Visayas Cooperative Development Center
25. World Neighbors
26. Ugmad Foundation Inc. )
27. University of San Carlos - Water Resources Center

Source: Cebu Uniting for Sustainable Water

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 Appendix6
1 LISTOFcuswMEMBERS

IndividualMembers InstitutionalMembers
Elizabeth Nacua Darlyn Remolino AboitizGroup Fdn. IBP-CebuChap.
Kan:njenLechoncito Orlen Ocleasa AcolandInc. IBP-CPC
Jarvis Prochina Carmelo Cabrera AKMA Kaabag sa Sugbo
1 Victoria Garchitorena
Evelyn Nacario-Castro
Frank Connon Am-Cham
Asia Pacific Consultants
KAMS-BAPAKA
Kiwanis Club
MercyCepe
Casiano Catapang Gabriel Inglis AHBC Lihok Pilipina
Victor Dumon Jorge Alcordo Ayala FoundationInc. MandaueCity
Demetria Kho Jea Victoria Reyes Ayala Land Inc. MEPZEM
Mercy Vergara Arthur Barrit Ba.we-SanNicolas UP PC Mactan Rock Ind.
Ernesto Gualiza TitaMeca BarefootMedia Initiative Mag-uugmadFdn
Ma. Cristina Aboitiz Ver dela Cerna BCC-CO MCWD
Margarita Larraiiaga Marilu Rodis BISIG MASP
William Granen Robena Ybanez BBC Consolacion Mun.
Salvador Loyola, Jr. Teresita Diola CEAP CompostelaMun.
Roman Ronquillo JosephineBooth CAWA Liloan mun.
Sonia Aldeguer Mar Alingasa Cebu City Government NEDA
ErneterioBui\ao MilagrosPugoy Cebu Coop. Dev. Council Pagtambayayong
May Elizabeth Ybailez Etan Cadayday cca People's MPC Inc
Elmer Bonusan Tita Caluya Cebu Jaycees Inc. PBSP
PompeiaCone! Elsa Rocamora CLEAR Phil Futuristic
Ladislao Jumao-as Edgar Villegas Cebu Lady LawyersAssoc. PICPA
Pablo Lantoc Isidro Binatiro Cebu Realtors Board PICE
AdoracionRodi! VenerandoCodezar Cebu Women's Federation PHILDHRRA
Belinda Ecalina BonifacioJavier Center for Res. & Com. PRODEM
Roderick Salazar SarnsinChiu C-OMPEL RAFI
Sergio Osmeila III Cirila Alcantara Cebu YouthCenter Inc. RMC
PedrilloLeyson Frank Dinsay Commissionon Service SWCF
Rudy Delima Albeno Talaid COSPO STC
Ludwig Jansalin Dionisio Hilado,Jr. Couplesfor Christ TAMANI
Marilyn Mantas RogelioDai\o CREATE Ugmad Fdn. Inc.
SocorroAtega Luis Misa Dept. of AgrarianReform UAP
Jun Salvatierra Fe Walag Dept. of Agriculture UPLB Alwnni
Herman van Engelen DENR USJ-R
Dept. of Health USC-OPS
EADSC USC-WRC
Fed. Int'! de Abogadas UNUPSA
FORGE UBSP Task Force
FORWARD VICTO
lnayawan UP PC World Neighbors
Zonta Club II

181
 AN ENTERPRISEIN TRANSITION:
CHALLENGESAND NEW APPROACHESTO FORESTRYMANAGEMENT
IN DONG NAI PROVINCE,VIETNAM
1
Nguyen Vu Khoi

Abstract
This is a case study of conflict resolution between a community and a State Forestry Enterprise in the TRI AN community
of Vietnam. Land use conflict between people who live on the forest land and the State forest-land managers have become
frequent during last two decades in Vietnam. In the last five years, the government of Vietnam has been seeking
appropriate policies to address the conflicts. The settlement (Land Allocation Program) and regreening (National 327
Program) programs are government approaches to the resolution of land use conflict. These two programs have had a
significant effect on community management of forest lands. These programs' officials recently joined with an NGO
community forestry project to resolve land use conflict between the community and the Tri An State Forestry Enterprise.
After three years, project activities had solved many conflicts. Project officers acted as mediators to seek resolutions that
were acceptable to both the community and the Enterprise. This study includes an analysis of the strengths and weaknesses
of this community forestry project, jointly implemented by the community and the project management team. It also
describes various conflicts that arose as a direct result of project implementation.

High demand for forest and agricultural lands in Vietnam has led to conflict over land use between
Vietnamese farmers and State owned enterprises throughout Vietnam. The purpose of this paper is to 1
illustrate how a trial community forestry project in Tri An area helped to resolve some of these conflicts.
Vietnam has a total land area of 331,689 km2 with a coastline extending 3,200 km along the eastern
seaboard of the Indochinese Peninsula. Three quarters of the country is either hilly or mountainous, with the
highest peaks rising to 3,134 meters above sea level. Arable land constitutes only about 21% of the total land
area, and agricultural land is scarce. It is mostly in the two large river deltas, the Mekong River Delta in the
south and the Red River Delta in the north.
The human population of Vietnam is the country's most valuable resource while posing the greatest
threat to the environment. With a current population of around 75 million, an annual population increase of
2.3% and an average population density of 210 people per km2 , Vietnam is the sixth most densely populated
of the agricultural countries in the Asia/Pacific region. This of course places immense pressure on the
country's natural resources which are already severely affected by 30 years of war.
Forestry in Vietnam
Between 1945 and 1975, South Vietnam underwent almost uninterrupted warfare with extensive
damage to much of the forest areas. The degradation of the country's natural resources continued into the

1
Community Forest Project, Project Officer (forester), Cat Tien National Park Conservation Project, CARE
International, Ho Chi Min City, Vietnam.

182

1
 postwar recovery period at an even greater rate as Vietnam struggled to rebuild its impoverished economy

l and production system. In Vietnam today 413 institutions are involved in forest management, training and
research including forestry enterprises, research institutes, seed centers and training institutions. At present

l three main forestry classifications are recognized:

(l) Production Forests (e.g., paper raw material enterprises)

l (2)
(3)
Protection Forests (e.g., watershed forests)
Special Use Forests (e.g., national parks)

l State Forestry Enterprises are in most provinces of Vietnam. Major responsibilities of these
enterprises are to manage natural resources and carry out other forestry activities inside the enterprise areas.
In this paper, I only focus on one of these enterprises, but socioeconomic situations of communities living on
forestry land are similar in all of the forestry enterprises in Vietnam.

Background
Tri An provides an example of how land use plans may lead to new problems, but also an example of
how new conflicts can be resolved. Tri An Paper Raw Material Enterprise (TAPRME) is a State enterprise
established in 1975.2 The enterprise is situated 60 km to the north of Ho Chi Minh City and covers a total
land area of 11,200 ha (see Appendix l for map). Before 1975, during the Vietnam War, the area was the
guerrilla stronghold of "Chien Khu D" which means area for bombing. When peace was reestablished in the
Tri An area, two things happened simultaneously. (l) The GoV established a forestry enterprise (TAPRME)
to harvest the valuable trees and replace them with fast growing trees for paper mills and (2) farmers
followed logging roads and established shifting cultivation gardens in Tri An area.
After the Vietnam war, the Government of Vietnam established a new approach to increase the value
of its natural resources The "new economic program" was a policy that encouraged families living in heavily
populated urban areas to resettle in rural areas after the war. In Vietnam forest land is regarded as equivalent

2
Abbreviations and Terms
To assist the reader, the followinglist of abbreviationsand tenns frequentlyused in the paper is provided.

NGO Non Governmental,Organization,non profit organization

OSB Overseas ServicesBureau, an NGO. (The AustralianVolunteer Agency)
SALT SlopingAgriculturalLand Technology
TAPRME Tri An Paper Raw Material Enterprise,a State owned forestry enterprise established
in 1975to manage a portion of forest land areas in Dong Nai province, Southern
Vietnam
TheGoV The Governmentof Vietnam

183

j
to "rural land." The goal of the program was rural development and employment in reclaiming natural
resources. Citizens who were following one set of national guidelines were actually violating another set by
settling the area and begining to cultivate forest land without legal landuse agreements. In 1990, people were
still illegally moving to the TAPRME area to find agricultural land. Parts of the TAPRME areas were still l
under natural forest, while other areas were barren (including stony hills). Besides replanting trees for paper
pulp on the barren land, TAPRME including logging sites within the forest. This was in accordance with the l
government forest management plan.
Progress in tree planting went slowly for the Tri An enterprise and this gave farmers time to I
continue their shifting cultivation. The amount of barren land in TAPRME increased due to these traditional
practices which cause heavy erosion in the rainy season. The people lacked fresh water and irrigation water in
the dry season. Shifting cultivation was therefore regarded as "inappropriate to the heavily eroded area.
l
Most families involved in this case study moved into the Tri An area during the late 1970s and
1980s. At that time they managed their farms by clearing the forest and using the land for agricultural
I
cultivation for short periods. Then they would then leave the land fallow and move on to other forested areas.
During the late 1980' s, as forestry management in Vietnam began to develop, areas of forest land which had
I
been left fallow were reclaimed by TAPRME and planted with forestry species suitable for paper pulp
J
production.
From 1975 to 1990, T APRME and other State enterprises had to deal with the issues of increasing
population pressure, small scale illegal logging, and the clearing of land by farmers for cultivation. The area
I
consisted mostly of stony slopes and hills badly affected by erosion. This degraded land was partly the result
of poorly planned enterprise logging activities as well as shifting cultivation practiced by farmers who moved
]
into the area from the north and neighboring provinces.
Financial Problems l
One of the main causes of farmers' low income was poorly developed infrastructure. This included a
lack of roads, electricity, schools and health facilities. These realties placed serious limitations on marketing
)
opportunities. Another important reason for low income was the farmers' lack of knowledge of advanced
production techniques. Extension activities and facilities for farmers might have helped at this time, but they I
were not available. The lack of educational activities was due to the limited budget of the Go V and capacities
of the enterprise staff. These constraints, combined with the fact that their local varieties of trees, seeds and ]
animals produced low yields, forced farmers to continue shifting cultivation and illegal logging. ·,
Recognizing the ineffectiveness of their control over forest land, the Go V passed Decision 327 /CT in
1992. This is called the National 327 Program and is aimed at utilizing government funds to regreen barren

184
 land and denuded hills. It began at the same time the government initiated a forest and forest land allocation
l program providing land to the State enterprises, mass organizations and individual families. Farmers who
settled on land belonging to the enterprise were issued subcontracts to use forest and forest land that the
l Government had allocated to the enterprise or other governmental organizations. Land use contracts provided
by the Go V were to be valid for 20 to 50 years depending on the production cycle. Families holding these
contracts had the right to transfer their land use titles to their descendants or to other individuals. However,
recipients of these titles also had to ensure that all stipulations in the original land use contracts were adhered
to. Because their land was officially classified as forest land, each family receiving a land allocation had to
maintain at least 75% of their allocation under forest cover. Individual contract holders were entitled to
government grants for reforestation activities under the National 327 Program.
Tri An as an Example of Conflict Arising from New I.And Use Plans
Most of the initial plantation establishment in Tri An centered around the settled areas. These areas
were also the first to be chosen for clearing by the farmers because water was readily available and the soil
was fertile. Conflicts arose when the farmers were forced to move back into fallow areas and prevented from
continuing shifting cultivation activities in the plantation areas. The government agreed to give the farmers
land use titles to the land they were on, only if they would agree to care for some additional forest plantation.
The enterprise managers agreed to share newly planted or still barren land with the farmers so they could
plant mixed species. This was agreeable to farmers who were entrusted with forest land near their homes, but
not to farmers who were given forest land too far from their homes to be practical. Some farmers refused to
accept this land so the forestry managers did not issue subcontracts to the land they were gardening and living
on.
Forestry managers and local authorities cooperated in forcing some farmers off the land and in
restricting migration of outsiders into the Tri An area. However, the farmers retaliated and cleared other
enterprise land. From their perspective they had little choice - the land available for agricultural production
was limited, and the plantations surrounding their land belonged to the state. The farmers still had to satisfy
their fuelwood needs and were given no real option but to cut trees to obtain fuel and sufficient land for
agricultural production.
Cuts in government subsidies for State enterprises during the early 1990's and resulting
underemployment led to an excess of available labor and thus an increase in the demand for agricultural land
by people living on enterprise-controlled land. While these demands for land became high, TAPRME's annual
plans called for reforestation of all barren areas, and the permanent settlement of families currently living on
enterprise land. The major concern of the enterprise was the need for labor to carry out reforestation and

185
plantation maintenance. They hoped to obtain this labor from the villages. This lead to a major dilemma:
farmers needed land to expand and survive while State foresters were concerned with forest protection and
plantation management.

Effects of the Land Allocation Program and the National 327 Pr~gram

The Land Allocation Program.

This program was designed to resolve land disputes between poor farmers and forestry managers.
However, during the initial years of the program, farmers only gained access to land near their homes where
they were already cultivatingcrops. They were not issued land use certificates or any subcontracts for this
land. They received cultivationrights on land under an unofficialagreement with the forestry enterprise. The
TAPRME managers prepared a land allocation plan for farmers. Unfortunately,however, these allocations
were all on bare land with steep slopes. During the early years of the land allocation program, illegal logging
continued in the mature plantationsaround the community.The program was a significant landmark in the
government's rural developmentprogram and led to the search for a new direction for forest management in
Vietnam.
Before the execution of the land allocationprogram, the farmers had no rights to cultivate gardens on
the Tri An enterprise area. Even now, the forest enterprise officials do not strictly enforce land regulation,
which means that farmers are still able to practice shifting cultivation. However, the enterprise still has final
J
land management authority.
The National 327 Program j
This program was the second attempt by the GoV to seek a way to have the community help manage
forest land. It provided a grant to address basic infrastructuredevelopmentof local community in the state
1
forestry enterprises. It also issued forestry loans to ~ of the state enterprises or other mass organizations for
the purpose of regreening the barren land inside the enterprise boundaries.Nevertheless, for poor households
which were dependent on forest reserves for their basic needs, the following questions remained: Were they
I
interested in participatingin reforestationactivities?Were the grants offered sufficient incentive? Did farmers
have sufficient available labor? I
The government,using the newly instated National 327 program and the Land Allocation program,
forced farmers to conduct agroforestryactivities in an attempt to develop a higher standard of living for
]
farmers and to regreen the countryside.Unfortunately,these practices did not provide farmers' daily food
requirements.The new decisions relating to these programs were largely unsuccessful. J

186 1
j
l
.l All of the farmers who came into the southern Vietnamese enterprise areas were poor farmers. In the
last decade, the Government sought to develop an agricultural bank system and a bank for the poor.
However, farmers who wanted to get loans were required to summit land use certificates as collateral. Beyond
I this, the loan of the bank was based on the value of the farmer's land and the time for repaying the loan was
limited to either six months or one year. In reality, farmers did not receive any loans or credit except a little
l support from the National 327 program.
Weak Management, Poor Results
While the community really needed agricultural land to cultivate gardens, forest enterprise managers
continued to push the reforestation of bare land and denuded hills. The annual forestry tree planting plans

l made little progress due to limited budgets and slow financing processes. Their goals were further hampered
by tht lack of adequate protection for matures trees that were in.their jurisdiction. Attesting to this were

l ongoing illegal logging activities in the forestry enterprise area. The farmers and the T APRME managers
perceived each other as enemies. The community felt that their needs were being left out of the land use plans .

.l The enterprise staff were only interested in replanting and harvesting trees, but not in attending to extension
activities and community development (see Appendix 2 for a flow chart of forest management) .
.l NGO Intervention
The Overseas Service Bureau (OSB), an Australian volunteer agency working in Vietnam on

j community forestry programs, designed and implemented a pilot project in Vietnam. The project, funded by
the Australian Government, was applied in four pilot areas throughout Vietnam, two in the north and two in
the south. The TAPRME project site was one of the two pilot sites in southern Vietnam. OSB' s pilot area
was concentrated in one valley. It covered 108 hectares and included 25 households .. A total of A$ 41,500
was invested to conduct this trial development project.
The main objective of the project was the establishment of environmentally and economically
sustainable community forestry models utilizing current agroforestry techniques in each of the four pilot sites.
Using land allocation to farmers under the National 327 Program as a base, the project commenced activities
in June 1993 and ended_in May 1996. Its activities included support for land allocation, establishment of
household plantations, and development of farming systems on sloping land. It included SALT (Slopping
Agricultural Land Techniques), animal husbandry, farmer training workshops and introduction of new
technologies for natural resource management and production.
OSB' s project aided in promoting a sense of community among the farming households involved in
the project. Prior to the OSB project, the farmers were not united and were not accustomed to coordinating

187
activities with each other, but as the project progressed, they were able to organize themselves better. They
developed leaders who could express their needs to the enterprise and the OSB officers.
OSB personnel often acted as mediators during the project design and initiation period. Several
meetings were held between OSB project officers and enterprise staff to negotiate an acceptable land use
plan, and an appropriate land allocation for the community. Sometimes the role of the OSB project workers
was that of community representatives at negotiation meetings with local authorities and enterprise managers.
This required the project workers to have a clear understanding of the community situation. Meetings with the
community and PRA (Participatory Rural Appraisal) surveys were conducted to seek an optimal way to
resolve land use conflict. Some focus group meetings were also conducted to find gender roles in forestry
management. The project helped the reorganization of the local community into a close-knit community.
Some focus groups such as the women's groups and farmer's groups from each hamlet were organized to
discuss problems and demands among themselves and with project officers. A representative of the
community was chosen for negotiations with the enterprise.
In summary, the project officers were effective in negotiating with the enterprise and contributing to
the final decisions of the enterprise. Most of the farmers living on forest land in Vietnam had to sign a
subcontract with the enterprise that is managing the forest land. While these contracts guarantee that farmers'
agricultural activities can continue in the area, they are not as valuable as land use right certificates. They
cannot use these documents as collateral in the agricultural bank, unless they are the poorest farmers and have
the local authority's permission. All of the activities relating to loans and grants from the government to the
community were processed by the enterprise management. That was why the project workers sometimes had
to change their positions from being mediators to being representatives of the community.

Impacts of the OSB Project on Farmers

\
The analysis of OSB's participation in problem solving and resulting impacts is laid out in a series of
diagrams which illustrate that it did have positive impacts (see Appendix 3: a, b, c). The conflict analysis
chart (Appendix 3:a) pinpoints the differences between the issues and the interests in order illustrate where
the common grounds for negotiation are found. The need for regreening bare land was an issue that all parties
agreed upon. A circle chart modeled after that of Fisher and Ury ( 1981) illustrates possible approaches to
solving the problems. The flow chart of conflict management with the NGO intervention depicts how the ]
interactions for problem solving proceeded. Lastly, Appendix 4 shows specific strategies employed to
improve farming technology. J

188
 SALT techniques were extended to improve cultivation on sloping areas. Project officers cooperated
with a university to introduce and to train farmers how to establish contour line farming systems. Some short
training courses were organized in the field to facilitate sharing of practical experiences between trainers and

l farmers. During three years of the project, OSB supplied nitrogen fixing tree seeds so that the farmers could
plant living barriers in the farming system and add fertility to the soil. Appendix 4 provides a diagram of the

I sloping land and how it is being used as a result of OSB input.

Cooperation among farmers, the university, and an agricultural extension center enabled the
execution of field trials using new varieties and designing new animal husbandry techniques. Waste material
from animals was used to produce gas for fuel. Trees such as hybrid Acacia were introduced and provided to
farmers for planting along community roads and between farms. The trees quickly created shade and
regreened the area where they were planted. Some appropriate fruit trees were also provided by a grant from
the project. Households developed their home gardens with a variety of species and advice from the project
staff.
For the duration of the OSB project, each family was entitled to a grant of approximately USD $200
per year to invest in agricultural production. The grants were mostly available in the form of goods such as
seed, seedlings and livestock. They supported activities such as ploughing and constructing fish ponds. They
were distributed according to the needs of the individual households and were based on annual household
business plans. In addition to grants and supplies, the forest and forest land allocated to the households
enabled the families to meet their fuelwood needs. The grants were intended to enable the people to develop
agroforestry farms.
Besides the SALT training courses, various short term training courses were given to key farmers
who in tum taught the villagers. Farmers learned how to construct improved stoves, set up bio-gas systems,
establish household nurseries and provide medical care for their animals. These programs were very useful
for the community and they received positive response. Farmers were able to train others and share what they
learned from the courses and they could employ in these techniques in their fields.
Training enterprise staff was also an important task of the project. The training helped them to gain a
new awareness of forestry management, of the Tri An community, and of themselves.
A significant impact of the project has been assistance for the farmers to obtain formal subcontracts
that allow agroforestry cultivation on the forestry land for 50 years. Project workers acted as mediators and
discussed the issues with the community and the state enterprise. Results of this mediation were positive and
major conflicts were resolved.

189

l
 At present. the term "community forestry village" is used to refer to the OSB project area. Both
women's and men's groups of the "community forestry village" have significant roles in forest management.
They replant trees, develop SALT farms with forestry components and cooperate with the project officers and
enterprise staff to plan and manage land use activities.
Basic Infrastructure Development
Project designers supported construction of a 3-krn rural road which was connected to the local road
system . In addition to this, a 100-m2 health station and a 100-m 2 class room were constructed for the
community. The OSB project provided a grant of$ USO 150 per household to repair houses and to dig and ]
construct household wells.

l
The Outcomeof OSB's Intervention:an Enterprise in Transition
The project's impacts on farmers have changed the community's image in the eyes of the forest
managers. An image that was previously negative has been transformed into a more positive and helpful one.
The model of Tri An community forestry project is now ready to be expanded to the whole T APRME
enterprise and possibly to other enterprises. It can become a place for other forest managers to learn how they
can involve the farmers in forest protection and land sharing projects.
Seventeen families have now received official land allocations from TAPRME and according to their
agreement, have reforested their allocations. Besides improved land security, animal husbandry within the
community has developed significantly. Now individual households raise cattle, pigs and chickens and some
families breed fish in ponds near their homes.
Available grants under the 327 program for reforestation activities are barely sufficient to cover ·
household labor requirements. Using the 327 program as a base and aiming at strengthening the capacity of
the community settled in the project area to participate in sustainable land use practices, the OSB project
l
assisted with the construction of minimal basic infrastructure including a village road, classroom and health
station . This improved access for the local community and neighboring areas to transport their agricultural
production to the markets. The class rooms double as places for community meetings and extension services
providing new information to farmers. The project's main activities included helping the families to complete
the land allocation process, providing seed grants for individual households to carry out husbandry activities,
and increasing agricultural production on agriculture land belonging to each household. These activities were
designed to resolve immediate differences of the people in the community and to encourage their enthusiastic
participation in the project. J

190
1
 I
,I The introduction of sustainable agroforestry systems, appropriate farming technology, improved
forestry, and new fruit and animal varieties has reduced the peoples' dependency on forest resources. This in
tum, has reduced the pressure on both the forest and forest land. The grants provided were successful in
helping the people to become much more productive and secure. Forest maintenanceand protection were
more thorough and spontaneous migration into the area became much easier to control.
In summary, as a result of project intervention,the households have been able to maximize their use
of scarce agricultural land. Over 90% of the forest lands have been reforested and according to a TAPRME
official (pers. com.), no illegal logging or settlement on reforested land has occurred sine project intervention.
The project, in collaboration with the enterprise and the participatinghouseholds, has been successful in

l helping to establish a settled community on forestry land. Some families who had not been able to secure
subcontracts for land use also received assistance from the project to improve production on their agricultural

I land.3
Shortcomings
The OSB project officers found that grants available under the National 327 Program for
reforestation activities (approx. 40 USO/ ha/ year) were insufficient to carry out continuing activities. The
really poor households were unable to concentrate on both agricultural production and reforestation. Because
of this, The OSB project was not successful in assisting all poor families to improve their food security and
agricultural production.
Remaining Conflicts.
Despite the fact that the project site is situated only 60 1cmfrom the center of Ho Chi Minh City and
only 201cmfrom Tri An Hydro-PowerPlant, the community remains without electricity.This has certain
implications with regards to the availability of information, particularly regarding agriculture and forestry
extension and environmental issues. Farmers lack up to date information relating to new policies of the
government and new technology. This affects the ability of farmers to manage forestry farms. Since these
agroforestry farms and their technology are still new to both farmers and the enterprise managers, access to
feedback and trouble shooting information is very important to guide and assist them as they progress.
Various types of conflicts have been identified during project implementationwith perhaps the most
important being policy conflicts. A number of households in the project area have only received agricultural
j land allocations as they are not prepared to accept responsibilityfor forest or forestry land situated far from

3
Some families inside the project area have not received subcontracts yet due to the lengthy
process in Vietnam.

191
their farms which is difficult to manage effectively. Forestry land near villagers' homes has been reforested by
TAPRME and the enterprise is not yet willing to allocate this land to the farmer households. There is no set
government policy on benefit sharing between the enterprises and farmers with regards to this type of

allocation.
The Tri An people do not have the right to harvest trees which they have planted unless they first
obtain permission and a harvest plan from the TAPRME. Once they have harvested the trees they must pay a
minimal Forest Land Use Tax to the enterprise as well as cover the costs of the harvesting design. According
to the subcontract, all of activities relating to forestry on the TAPRME have to be approved by the enterprise
managers. Then the foresters of the enterprise will produce a harvesting design for farmers. This, of course,
greatly limits the incentive for people to become involved in reforestation activities. In addition to this,
species selection is limited to either Eucalyptus spp. or Acacia spp. The farmers are not free to select species
suitable to their particular needs.
TAPRME is not prepared to allocate valuable forestry land with trees over five years of age to
individual households although there is a definite demand for this land. For their part, the farmers only want
to receive allocations of forest and forest land which is near their farms water sources, but the enterprise is
unwilling to entrust this land to them.

Conclusion
The land allocation program and the National 327 Program of Vietnam have joined with an NGO
(OSB) in a community forestry project to establish an economically and ecologically sustainable community
forestry model on state forest land. Using this model, the OSB project officers resolved some of the dispute
I
over forest land between the Tri An community and a state forestry enterprise, T APRME. Now, forest
plantation management in the area is being operated with the community's cooperation. At present, 1
throughout the total area managed by the TAPRME enterprise, only the community forestry project (OSB
project) area has experienced no law infringements. I
The OSB's role has been very significant in negotiation and mediation of land use dispute. Results of
the project may be applied to other similar situations and buffer zone areas of the national parks in Vietnam
and areas where the people have illegally settled in the forest land since reunification in Vietnam. Skills of
project design and conflict resolution such as negotiation and mediation with local forestry managers and ]
people were successfully employed in establishing a more sustainable way of life for the pilot communities
living on the Tri An trial land. l
192
1

l
 Recommendations for Continued Success and for Resolution of Remaining Conflicts
Project implementation over three years has been on a pilot scale and a much larger budget is
required to enable the application of lessons learned and experiences gained to a broader scale. However,
despite its relatively small scale the project has achieved considerable results in the transfer of management of
forest and forest lands to the community. The task of establishing and managing agroforestry production
within a community settled on forest land is a very important and necessary step fur the development of
forestry in this area. An important lesson gained from the project is that to ensure long term sustainable
community development and to enable the extension of project results a community fund needs to be
established. This should be set up in collaboration with existing community organizations such as the
Women's Union and the Farmer's Association in order to guarantee community management of such a fund.
Lack of participation of these organizations in project implementationproved to be one of the shortcomings
in the OSB project. Transparency at all levels of project implementation is vital to avoid conflicts arising
from misunderstandingof project objectives and community roles.
Perhaps the most important lesson gleaned from this trial is the importance of community
participation in natural resource management.Constant dialogue and consultation with the community is
essential to help avoid conflicts between different interest groups. Despite the fact that Tri An community
participation is still very limited, there is growing evidence to support the fact that community participation is
increasing at all levels of natural resource managementfrom initial needs assessment through to evaluation.
The government of Vietnam is realizing that increased community participation leads to a reduction in land
use conflicts and can in the end only assist in the massive task of reforestation and forest management facing
Vietnam today.
The OSB mediators, while actually being advocates for the community, have also been instrumental
in gaining community cooperation with the enterprise. For this reason, this NGO has gained respect of both
parties. By doing this, it has established bargaining power with the enterprise. It has, in fact, come to the
point where the threat of OSB withdrawal from the Tri An enterprise area can be used as a bargaining tool to
urge the enterprise to cooperate.

Acknowledgem~nts
Before working for CARE international in Vietnam (CARE), I worked for The Forest Science Sub­
Institute of Southern Vietnam as a project officer for a community forestry project in cooperation with Tri An
j Paper Raw Material Forestry Enterprise (T APRME). I, together with the other project officers, have faced the
problem of negotiating farmers' land use rights on the forest land with institutions and the State Forestry

193
Enterprise managers. However, the Overseas Service Bureau project supports farmers and TAPRME allowed
us to try a new way to resolve the problems. The project was completed in May 1996. Then I changed my
position to CARE in order to conduct some community forestry projects in the buffer zone areas of natural
reserves and national parks in southern Vietnam in near future. These are areas where forest land use and
forestry community management are ongoing and complicated problems. Some skills in conflict resolution of
forest land use in the last community forestry project that was mentioned above will be employed in the
problem resolution for the buffer zone areas. That is why I prepared this paper for the writing workshop at
the East West Center. I hope the paper will apply some useful information that came out of my experiences
with a State Forestry Enterprise in Vietnam.
I would like to thank The East West Center for supporting my attendance at this writing workshop
and special thanks to Dr. Jefferson Fox, Mr. Larry Fisher, Dr: Carolyn Cook and all of other EWC staff who
enthusiastically contributed useful suggestions and helped me to complete the paper.

References
Amtzis, J.1995. Conflict Resolution in Forest Resource Management. Workshop Report. FAO: Nepal.
I
Kelly, J. 1996. Evaluation Report of The Vietnam-Australia Community Forestry. Dr. Prof. Pham Binh
Quyen Project. Australian Overseas Service Bureau: Australia
I
Nguyen Vu Khoi. 1994. Some Experiences in Agroforestry Technologies employed in A Community Forestry
Project in Southern Vietnam. APAN News. December. Bogor, Indonesia.
l
Rambo, A. T.and Le Trong Cuc. 1996. Development Trends in Vietnam's Northern Mountain Region. Final
report of a study conducted for the Swedish International Development Cooperation Agency under Contract
XV/1.5.3-1. East-West Center, Program on Environment: Honolulu.

Ratcliffe, L.A. 1993 - 1996. Progress Reports of The Vietnam-Australia Community Forestry and Nguyen
Vu Khoi Project. Forest Science Sub-Institute of Southern Ho Chi Minh city, Vietnam.

Ury, R. 1981. Getting to Yes: Negotiating Agreement Without Giving In. Boston: Houghton Mifflin
Company.

Government of Vietnam. 1995. Land Laws. Hanoi, Vietnam: Political Publishing House.

Forestry Department of Vietnam. 1991. Tropical Forestry Action Plan In Vietnam. Report. Ministry of
Forestry: Hanoi, Vietnam.

Forestry Department of Vietnam. 1996. Vietnam Forestry Review. December.Hanoi, Vietnam.

194

j
1
Appendix 1
Map of TAPRME Community Forest Design

Dong Nai Province: Vietnam

District of Thong Nbat

l
N

'•

~ofR_....,
RIIII
Fonsty Plamadaa
Ladlorfldmeplu!cadcwa
Ladlorfmmeqrtcalllln.
Ap1ml&aniLaad.
ll\mll Lad for~- & Beah.llStadoa
Plat~
~ Raad
..___ s1nam

Ho Chi Minh City

I
195
 Appendix2

Flow Chart of Forest Management in Vietnam.

VietnamGovernment

Ministry or Agriculture and RuralDevelopment (MARO)

Minu"1 of Fores"1 a,ul Minu"1 of Africullure(Before 1996) r----..t

Provlnclal People Committee

j
/[
Provincial Department of Agriculture and RuralDevelopment(DARD) < Provincial Forestry Protection Board
Pro,indal lhpart•enl of Fons"1111111
Pro,indal lhpatt,,,ent of Apultun (Be/on 1996) Ii'I
-
1,0

°'
\,

i\
I I
WIidiife Sanctuaries~
I
i
State Forestry Enterprises \
I Special Use Forests

Natural Reserves

National Par~

.__
- - -
 ......__
-,-

Appendix 3a

CONFLICT ANALYSIS CHART

Parties wues Interests Importanceof Sourcesof Power Positions & Interest in working with
Issues & influence options other parties
The State Forest land Protect plant Good global State Government Stop community NGO 's aid-projects
Forestry claimed for life and re- image. cultivation of University
Enterprise use by both green bare land crops in order to Extension Centers
(TAPRME) parties. protect the forest
....................
...................... ························ via resettlement
People are Successful Profit people
living illegally harvest
on forest land
and cutting
-
\0
--.I
trees

Local Tri An Farmland Agricultural Survival at Human rights. Can not establish NGO's
People given by land needed stake New economic new gardens else Extension Centers or
TAPRME •······················ program.(*) where. Do not University
very poor Land near want to move. Local organizations such as:
heavily eroded homes prefered Village women 's Union or
soil Village Farmers ' Association

(*) New economic program is a policy that the government of Vietnam encouraged people who lived in the urban area (big city) resettled in rural
areas after the Vietnam war (in 1976).

This analysis is based upon a format suggested by Carpenter, S., and W.Kenedy (1988).
 Appendix 3b
'
...--------. CIRCLE CHART FOR TAPRME CONFLICT ANALYSIS..----------,

WHAT IS WRONG ? WHAT MIGHT BE DONE?

IN
THEORY
S1alJ_. ANALYSIS
,r, ~1rrr111Hw.s
Diagnose lhc problem: POISil>lc
Strategies:
Pannen need'accessto information. TAPR.MBcould allow people collectipJSptjvjJeges
(I) Policy. (2) Technology. Peoplecould help with forest management.
People need land and resourcesecuritybefore Ibeycan plant Theoreticalcures: Follow 327 program and land allocation proanm
trees and protect forest. cany out regreeningon farmers'land
Policy needs clarification Letfarmerstake out long-termloanswith land use su1>-contracts
Barriersto resolvinglhc problem: Bstablisbfamiliesforest-gardensusin1 multi-purpose trees of manyvarieties
- State believes farmersare responsiblefor deforestation
- TAPRMBhas much more power than localpeople ·

-
'°
00
fffPP.-Pt
Slm.J.: ~AC'fff)~ ~EAJ.S
Stale wants forests for income S~ific steps :
Deforestationis occurrin1on State plantation CallmeetingsMwcen Swe and ~Jy
Causes: : ' Preventcultivationon forest land ' ! ·
Shifting cultivation Givo long teonloans for forest deveJopment
Illegal lo11in1 • Individualsans allowed fa ~ve p •~•
Fanners arc afraict10 m~e improvcmeots/ffo ~~fr JIIIP,l>ye
fuming technology ' · · ''
Farmers do not have productiveland, fn~ bul~f ~ COIIIIQIJaityfund for dev~~f of DOOi' fll'QICl'S
supplies 1
· pevctop'clear pc>!iciesrclating'to
1
~~~fnshls-~ ttieir
'~t f~
S111eforesny wants trees. Peop!ewarllland and access to Give COQllllUDitysfJareof profits ~ maiure pfantalion · ' 1
forest. ' • '· Give up any fees or tax (Harvtstinfdesign-) in first forestry
~uciion cycle ·•
i 1: I

(•I Whenfarmers harvest theirfureslry productionun theirfarms, they have lo pay cosrsfor the enterprise's,ajf 10 design a lechnolosicalharvesting process.
This analysis is based on an approach suggestedby Fisher and Ury ( 1981)

- _.
 Appendix3c
l Flow Chart of Conflict Management in Tri An Vietnam

~­
The Impacts ofNGOs
l Conflict
~

' r---7 Discussion ~

ll.!!2Q.J ~-
--,.-- , ---'=

r-7Ducusswn~
lBQQJ ~

j l Discussion& Negotiation

(3
INool--....
I
1 l D-&

lcomroNITY 1---Ne-go_tiano_'_n __ .__T_A_P_RME__.

__
I ..·"
Medialion \
... .
..
''
NGO PROJECT '
OfflCERS Medialion

..·...... ..
...
···­
···-··------------------···

TAPRME
._______
I
+---• -~

___._Adaptation & Implementation

'
Appropriate Decision j
COMMUNITY

199
 Appendix4

CROSS SECTION OF SALT TECHNIQUES EMPLOYEDIN

FOREST LAND USE SYSTEM IN TRI AN AREA

l'ri An PaperRaw MaterialFore1lryEnlerpri1e.

N
0
0

a,n
•11•.ttaUAU

Source: Nguyen Vu Khoi - Some Experiencesin AgroforestryTechnologiesemployed in A CommunityForestry

Projectin SouthernVietnam(1994)

-
 OLD TRADITIONS- DIFFERENTVALUES:
l COMMUNITIESTALK WITHFORESTMANAGERSIN NEW MEXICO

Richard Pacheco 1
l Abstract
This case study summarizes work done in northern and central New Mexico where is common to hear people say, "Tierra
o Muerte" (land or death). Western Network an environmental mediation organization enlisted several New Mexico
communities and the Forest Service to participate in a trial process for planning and decision making. Community
Resource Mapping was used to pinpoint needs, knowledge and conflicts. Communication skills developed and local
people and park rangers increased their understanding of each other's values.

In 1967 Reies Lopez Tijerina, activist of a land-grant movement and leader of the Alianza Federal de
los Pueblos (Federal Alliance of Free City-States), led a legalistic and political movement aimed at regaining
the lost lands of the original Spanish settlers. A violent raid on the courthouse in Tierra Amarilla (Rio Arriba
County) resulted in imprisonment of Mr. Tijerina and many of his followers.
More than 20 years later, in 1989, Ganados del Valle, a cooperative of Hispanic sheep ranchers and
weavers, were accused of trespassing when they moved 1,000 ewes and their lambs into a State Wildlife
Management Area without permission. This action by Ganados occurred after many years of opposition from
local and national environmental leadership. The State Game and Fish Department had rejected their
l application for long-term grazing permits in the National Forests. These were traditional grazing rights that

' ] they felt entitled to.

In the summer of 1996 a group of angry loggers, ranchers, and community activists marched to the
capitol building of the state of New Mexico in Santa Fe. The demonstration was organized by residents from
communities in northern New Mexico protesting a court injunction forcing the Forest Service to halt all
timber sales in the forests of New Mexico and Arizona. The injunction was a result of lawsuits initiated by a
~oalition of environmentalists claiming that logging in the national forest violated the Endangered Species
Act regarding protection of designated Critical Habitat of the threatened Mexican Spotted Owl. The group
congregated in front of the capitol building, carried signs denouncing the Forest Service, presented some
public speeches, and hanged in effigy two local environmentalists.
Forest resource managers in New Mexico and throughout the United States confront a similar
dilemma. How can they provide for the needs of communities and the people that depend on the resources
while maintaining the productivity of the land and the environmental sustainability of the forest? In the

1
Associate, Western Network, Santa Fe, New Mexico: This paper is based on research by Western Network
staff Carl Moore, Lucy Moore, Richard Pacheco,Aaron Rael, and RosemaryRomerounder a grant from the Ford
Foundation.

201

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United States, the agency mandated to oversee the large landholdings of the country's forests is the Forest
Service under the Department of Agriculture. These lands consist of vast resources: large forests, valuable
mineral deposits, unique ecos"ystems, diverse wildlife habitat, and critical watersheds.
Many New Mexico rural communities maintain cultures and traditions which are very closely l
connected to the land. Forests provide people with the opportunities for solitude and recreation, but they also
provide important economic benefits. In some communities the relationship to the land is ancestral, dating l
back several hundred years. These ties also hold a spiritual significance - where the water from the rivers is
sacred.
Forest-dependent rural communities in New Mexico are typically on the fringe of governmental
decision making. They are frequently without the political power and economic resources available to
business and industry and without strategic skills so critical in influencing decisions. Hence, citizens from
these communities usually resort to public demonstrations (sometimes violent), illegal activity, and court or I
administrative appeals processes for recourse after-the-fact against decisions they feel are inappropriate or
ignore their legitimate claims . I
In an attempt to avoid the conflicts that are so prevalent in forest management, Western Network an
environmental mediation organization, designed and enlisted several New Mexico communities and the
Forest Service to participate in a more proactive process for planning and decision making . Community
Resource Mapping was one of the activities chosen for implementation because it is a process which brings
communities and forest managers together to examine conflicts, discuss them and formulate new options.
l
This involves people and resources at the local district and community site-specific levels. They deal with the j
conflicts that arise in making complex forest management policies and in allocating scarce resources. By
acknowledging the many stakeholders and the value differences underlying many conflicts, the participants l
attempt to resolve disagreement by finding common ground and building a relationship based on trust and
cooperation.

History of Land Ownershipand Cultural Overview

New Mexico is a poor state by economic standards, but very rich in terms of history, culture and
natural resources. Many New Mexicans maintain land-based lives with cultures that are deeply rooted in
traditions spanning over a history defined by struggle and endurance. New Mexicans are willing to endure
many hardships to keep a lifestyle closely linked to their treasured land. It is common to hear people say,
"Tierra o Muerte" (land or death). J

202

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 The region has been home to Native American tribes for hundreds of years, to the Spanish settlers
since the late sixteenth century · and later to the waves of immigrants from the eastern United States in the
nineteenth century. These three primary cultures, along with a rapidly growing number of urban newcomers,
dominate the landscape today; each has its own set of values and traditions, interweaving the past with the
present, creating a unique mosaic of rural and sub-urban communities.
The history of landownership in New Mexico is complex and has been the source of much
controversy. Vast land grants (land holdings) by the King of Spain were bestowed in the sixteenth century to
both Native Americans and the new world Spanish colonizers for use by everyone as common lands. Policy
and management decisions were made by the community residents together. They often gathered under a tree
or on a cold day on the sunny side of the church, "La Resolana".
In 1846, New Mexico became a territory of the United States and a new acculturation period ensued

1 that changed the communities from being based in agriculture and subsistence economies to one dependent on
cattle ranching, lumber, and mining. Thus, cash rather than barter became a necessity for survival. The
.l concept of common lands use came into conflict with the legal principles of private property ownership
introduced by the American settlers. Ownership and title to most of the Land Grants transferred to private
ownership or the federal government because of undefined boundaries, unpaid taxes or unclear titles. Much of
the common land is today under the jurisdiction and management of the Forest Service. The federal
government has repeatedly contested land rights claimed by descendants of the original Spanish grantees .
This has resulted in resentment from some residents of Land Grant communities towards the agency. At the
time of this writing many claims for economic and resource rights remain unsettled.

Emergenceof Environmentaland Social Conflict

In recent years a combination of issues has conspired to make life even more difficult for many
Hispanic and non-Hispanic residents who are struggling to·live traditional rural lifestyles. These issues
include contention over resource protection from ecological and habitat degradation, the inflow of "outsiders"
escaping urban growth, the impact of environmental activism, and legislation aimed at endangered species
protection.
To many inhabitants of these rural communities, the _land supplies a substantial portion of their living
regardless of their economic level. Many people, especially in the smaller more rural communities, do not rely
on only one source of income. Raising livestock or a maintaining a small family firewood and/or latilla, and
viga business provides additional income and security. Latillas and vigas are wood products used in
southwestern adobe architecture.

203
 Despite the many differences of opinion held by members of a community, sustainability of the land
and its resources is a common interest for all who use the forest. New organizations focused on growth­
related and environmental concerns have emerged and are becoming increasingly active in local debates over
development issues, local politics and resource use. In some cases these concerns have led to legal action to
halt timber sales, grazing allotments, proposed mining and development. Moreover, some of these
organizations feel that public lands should not be used for anyone's profit. It appears that, to some, protection
of old growth forests, riparian areas, and critical wildlife habitat takes priority over human needs.

Resolving the Natural Resource Disputes

The Evolution of the Concept
In this environment of mounting pressure between traditional communities and the Forest Service,
Western Network, a private nonprofit organization specializing in Alternative Dispute Resolution and
Mediation of environmental issues, used community resource mapping as a tool for establishing dialogue.
The mapping process utilized several tools, including community surveys, one-on-one interviews, and
transparent overlay maps drawn by people from the community.
Overlay mapping was adapted by Western Network from two sources: (1) the concept of
environmental siting first espoused by Ian McHarg (1969) in his pioneering work, Design With Nature, and
(2) the community development techniques used in many developing nations to help rural village populations
plan resource uses in ways consistent with traditional values. The mapping process enables people to identify
and create visual tools that encourage more participation in economic and resource management decision­
making by identifying the many uses of the lands surrounding their communities.
The principal goal of the project was to create dialogue between the communities and the Forest
Service about resource management at the local district level and to chronicle how and when people use the
forest. While low-tech in nature, the aim was to leave the community with a set of skills to articulate values
and resource use by taking a more holistic look at the landscape from the perspective of the users and
managers. To accomplish this, it was first necessary for Western Network to formulate a process that was
easy to work with, culturally appropriate, and acceptable to the community and the forest managers. This was
j
an attempt to break the typical patterns of interaction where residents are reluctant to participate in a process
that is jargon-filled, complex and often irrelevant to their interests, and where government agencies hesitate to j
participate in experimental process or include outside agencies in their planning and public involvement.
During informal discussions with the Forest Service, Western Network staff discovered that there j
was great interest within the federal agency to improve communications with local communities. New Forest

204
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Service policy advocates that the agency talcean "ecosystem management" approach to managing the nation's
lands and natural resources (see Appendix 1). This broader approach is a concept in which forest activities
are considered within the context of economic, ecological and social interactions within a region.
The facilitators met with the District Rangers of both districts at Tres Piedras and Mountainair and
researched the communities for two preliminary criteria. The first requirement was that the communities be
situated in close proximity to the forest and have profiles similar to other communities in New Mexico. This
included such factors as size, ethnic composition and forest resource use. The second criteria was that the
communities not be involved in a legal dispute with the agency or in a controversy of the magnitude that
would dominate the meetings and possibly sabotage the process or result in greater community polarization.
A paramount concern for Western Network was to avoid creating additional problems for these communities.
The Manzano Mountains and Communities
The Manzano Mountains are situated north of Mountainair and consist of about 45300 ha. Within
this Mountain Range is the Manzano Mountain Wilderness. This Wilderness area was established through
the Endangered American Wilderness Act of 1978. The Wilderness is located along the crest and western
slope of the mountains and consists of 15,00 ha.
Six communities are on the eastern foothills of the Manzano Mountains on NM Highway 55.
Starting at the northern village and moving south these communities are: Tajique, Torreon, Manzano, Punta
de Agua, Mountainair, and Abo. They range in size from five or six families to a population of approximately
ten thousand in Mountainair which is the largest town. All the communities were settled in the eighteenth and
nineteenth century and they consist of small farms or ranches ranging in size from 4 to 40 ha. The majority of
the population lives at or just above the poverty level. None of these ranchers or farmers can make a living
solely on agriculture but must also derive an income by selling fuel wood, wood building and landscaping
materials (latilla. Yips, posts, rock) or commute to wage employment in Albuquerque, 95 to 150 km away.
Recent growth and development has been created by the demand for land by newcomers moving in
from the eastern and western part of the United States seeking a rural lifestyle. Most of the newcomers are
typicalfy more affluent and better educated, and bring with them their own set of values with regard to forest
resource use, community, and the environment Few if any newcomers make a living from forest resources;
they tend to use the mountains more for recreation and wilderness experiences.
The Mountainair RangerDistrict is headquartered in the town of Mountainair and is the primary
business center for surrounding communities. The livestock industry is the main business activity but the
town has one high school and two elementary schools, several restaurants and motels, one grocery store and a
bank.

205

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The Community of Tres Piedras
The village of Tres Piedras is situated adjacent to the Carson National Forest in Taos County and is a
typical small Anglo and Hispanic community in New Mexico. The town has a population of approximately
200 residents, with half the people living in the village and the rest in ranches surrounding the area. The
community consists of ranchers, loggers, several remnants of the hippie era, two or three business merchants,
Forest Service personnel and several retirees. Tres Piedras is dominated and defined by the businesses at the
traffic light and intersection of state Highways 285 and 64. The four street comer businesses are a small gas
station, a diner, the only grocery store for 95 km in any direction, and the post office. The town is also home
to some back country outfitters, a small mom/pop lumber mill, and the Forest Service district office. The
busiest time of the year is during big game hunting season, when deer and elk hunters from throughout the
state and country come in droves.
These two districts were selected by Western Network because they closely met the criteria
established by the facilitators. In addition, in both areas there were rangers who had a good working
relationship with community residents. Moreover, these two districts were in the initial phases of revising
their Ten Year Management Plans and were eager to have public input on the revision process.
The two districts were quite different from each other in size and project. In Tres Piedras the project
focused on revising the management plan of a watershed and involved only the community of Tres Piedras. In
the Mountainair District, the project required a revision of the management plan for the entire National Forest
of which Mountainair is one among several districts. In addition, the project included several communities
varying in size and population. In Tres Piedras the project involved the relationship between the community
and the Forest Service, in Mountainair the project addressed the relationship among the communities
themselves as well as between the communities and the Forest Service.
Project Process and Evolution
Given the diverse interests, political climate, history of conflict, Western Network staff recognized
the need to establish trust between the organization and all participants. Stakeholders had to be identified and
ilrvolved in the process, meetings had to occur, maps drawn and relationships established. This was achieved
in a series of steps.
Building credibility. The first step was to establish credibility with both the community and the Forest
Service. Initial conversations with the agency at the regional and district levels focused on the need for better 1
communication with local people to improve the planning process, to avoid the possibility of future conflicts,
and to produce more effective management plans. The Regional Forester and the District Rangers of Tres
Piedras and Mountainair agreed to the : ,lot project, and a memorandum of understanding was signed in

206

j
 which the Forest Service agreed to participate in the projects and to honor the outcome of the discussions in
agency planning and decision-making.
In order to better understand the social implications related to land and forest management activities
on the national forests, the character of the surrounding communities must be understood. The method by
which a people communicate concerns, values and ideas is an important aspect of unity·and cooperation. In
most of the smaller villages of New Mexico, people communicate primarily through word of mouth and
community institutions such as churches, schools, and ditch and grazing associations. Socializing also takes
place at post offices, community centers, coffee shops and grocery stores.
Credibility was established with the communities through a long series of visits to community
meetings and interviews with politicians, community leaders, land grant officers, and key forest-interest
groups. Western Network soon realized that building trust required a lot of time to meet and get to know the
communities. For six months the Western Network staff periodically visited with the communities; drank
many cups of coffee in many crossroad cafes and community centers before residents were comfortable
enough to give mapping a try. People were understandably curious and even suspicious about the project:
J
What was the Western Network and why was its staff so interested in them? It was difficult for many to

j understand the concept of neutrality and accept the role of an outside facilitator, but there was also great
desire on the part of some community members, to participate in the project. Improved interaction with the

I Forest Service was of great interest and importance to the loggers in Tres Piedras and the land grant holders
in the Manzanos.
The Western Network facilitators in both Tres Piedras and the Manzanos, worked with the District
Rangers and members of their staff plus four or five community leaders, at designing a survey with questions
appropriate to their communities and interests.
Personal interviews and surveys. Many small meetings were held in all of the communities in the two pilot
areas. Meetings had to be scheduled at a time and place of convenience, preferably where the community
people were most comfortable. In one instance it was a community center, in others, a school, a church or a
restaurant. The staff went to where the people were. In Tres Piedras Western Network facilitator, Aaron Rael,
sat at the local post office for several days. The residents filled out surveys about forest use, their values and
concerns about the forest, basic demographic information (age, length of residency, type of use), and their
j attitudes regarding the Forest Service. Some local residents could not or would not attend meetings and the
staff had to do personal interviews, requiring the facilitators to go to their homes, ranches and farms and meet

I in barns, corrals and around the kitchen table. In Mountainair, facilitators even had to visit the owner of the
Rosebud Saloon during business hours and work with him on mapping where he and others trap and hunt. At

207
a county fair and rodeo, ranchers were interviewed and fliers about the meetings were circulated. A college
student handed out fliers at recreational vehicle parks and camp grounds, and interviewed tourists about how
they used the mountain and its facilities.
In Tres Piedras everyone with a post office box was given a survey. Over half of the 81 residents
responded. In Mountainair everyone attending the meetings also completed a survey - over seventy five were
completed. In both districts the Rangers and their staff also filled out surveys. The results from these efforts
were then tallied and analyzed, and later reported back to the communities by mail and at subsequent
meetings.
Mapping. Having turned the participant's attention to community needs, resource use and forest values, the
facilitators then held community meetings to begin the mapping process. In Tres Piedras meetings here held
at the local school with the principal and residents providing food and refreshments. In the Manzano
Mountain Communities at least one meeting was held in each community, and a local woman prepared food
and refreshments. In Mountainair a local hotel donated meeting space and food. A picnic was held at a forest
campground where residents and agency personnel could relax together in an open forested atmosphere.
Every effort was made to include the community and its resources in order to encourage the
community's sense of ownership of the project and to establish a friendly relationship. In Mountainair a local ]
reporter attended several meetings and wrote a couple of articles and the ranger included information about
the project in his quarterly newspaper column.
In Tres Piedras all the meetings included both the Forest Service and community residents. In the
initial meetings in the Manzanos, the communities met by themselves.because people preferred to have the
opportunity to express their concerns and to talk about issues without Forest Service involvement. Later the
Forest Service became involved and presented information about policy and laws that mandate how they
manage the forest. They talked about the Federal Advisory Committee Act, the National Environmental
Policy Act, and the Endangered Species Act. Discussions also focused on how the communities and the
agency interact on a daily basis and on how the relationships could be improved.
At the Tres Piedras and Manzano Mountains meetings, the community and Forest Service used large
topographical maps, provided by the agency, placed on the walls with transparent mylar overlays. There were J
four identical maps, one for each season. At both project areas the participants where given different colored
pencils and provided with a code for each different use so that no two uses would have the same color or
code. Western Network facilitators helped residents plot their natural resource uses including type and
location.

j
208

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l
In the Manzanos some people refused to attend meetings because of their personal distrust of the
project. In the case of some of the new residents, there were undisputable misgivings about attending a local
public meeting due to a perceived hostile attitude to new comers from locals. Several local community
leaders, politicians and land grant members volunteered to get the word out to the communities about the
project, resulting in better attendance at later meetings. The facilitators personally contacted and interviewed
several new residents and extended invitations to attend the meetings, but only a few showed up at the
gatherings. Old people, especially viejitas (old ladies) were uncomfortable revealing where they picked their
remedios (medicinal herbs) for fear of others knowing their secret locations; therefore only general sites were
disclosed.
j In both project locations the Forest Service also prepared their own maps. These maps were
sometimes of specific information, such as Designated Critical Habitat for Endangered Species or important
l watersheds. Other maps showed different types of uses, possible control bum areas, grazing, hiking trails and
fuel wood cutting sites.

l
Interpretingthe Data
At both Tres Piedras and the Manzano Mountain communities the results had many similarities but
they also reflected the differences in communities. In the Manzanos there were some distinct differences even
between the five communities.
These communities showed many differences in character, including ethnic composition, and most
people surveyed were long time or lifelong residents of the area. Differences in use and attitude toward the
forest were related to the length of time people had lived in the area, rather than to ethnic differences. Long
time residents shared many common views about the forest.
Most long-time residents felt the mountains w~re of high personal importance. Use by local residents
appeared to be year-round, as opposed to the seasonal recreational use by outsiders which is concentrated in
the summer months. Everyone Rl1the mountains were important to them personally. This was expressed by a
life-long resident when he said "The forest, the mountains, the communities are my life and I use them every
day."
Uses by local residents covered a wide range. Firewood topped the list of most important resources
for all the communities in the Manzanos. Most people get firewood from the forest for their homes and many
consider this resource as a necessary part of their livelihood since they are totally dependent on firewood for
heating their homes and cooking. Livestock was more important in Mountainair than in Manzano, and in Tres
Piedras, logging, contemplation, and solitude topped the lists of local users. There was substantial agreement

209
among respondents regarding forest uses, attitudes, concerns, and suggestions - indicating a potential general
consensus.
People felt strongly about access to the forest for continued traditional resource use, and they
perceived this access to be necessary year round. Most people favored the incorporation of traditional
community values and uses into forest management plans, and agreed that ecosystem management should
find a balance with traditional human needs. They were concerned about future generations being able to have
traditional access to the forest. Locals felt that they are or could be the guardians and preservers of the forest
as well as its users. Many people said that they were respectful in the way they cut wood and hunted because
they had a strong investment in preserving the forest as an important part of their livelihood. A resident who
was born and raised in Tajique said, "I was raised here, my father and grandfather were both raised here. We
can trace our families way back in time and when our families all get together we talk about where
grandfather, now 99 years old, killed his first deer. I remember where I went fishing as a boy and where our l
family pastures our cattle in the summer. This is what these mountains mean to me and to my family. No one
has the right to take this from us and claim it as their own, it is for all to share."
At the same time, people understand and support the need for Forest Service regulations to prevent
over-use of the forest by the influx of outsiders. Local residents would prefer to see the Forest Service relate
to them differently than to the "outsiders" - giving them priority in contract work for such resources as fuel
wood, forest thinning, timber sales, camp ground facility maintenance, and road work.
Local residents were concerned about the resulting fire danger and were willing to work with the
agency to plan for fire control to minimize risk. They generally favored controlled burning by the Forest
Service in addition to thinning practices, but would like to remove the usable firewood first.
I
There were strong feelings in favor of closer relations between the Forest Service and local
communities. Suggestions for working together included improving communication, joint planning meetings,
l
and local input into Forest Service decision making. People were interested in more information about Forest
)
Service management plans and activities in the forest, including road closures, prescribed bums, and projects.
In the Manzanos, the surveys revealed some interesting differences between the Anglo and Hispanic
respondents, relationship criteria in terms of personal respect, good treatment, and lack of harassment. Anglo l
responses tended to be more impersonally concerned with the content of the policies. Their approval of the
ranger depended on whether they agreed with the Forest Service's policies, or whether the ranger was doing
what they wanted. Some judged him for 'not listening' to them, i.e., for not following their advice or
instructions. The hispanic residents preferred a more personal relationship based on friendship and trust and
favored interaction based on mutual benefit and cooperation. ·

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I In the Manzano mountain communities, the initial discussions over the maps quickly evolved into a
series of facilitated meetings on issues of forest use between the various communities themselves and Forest
Service staff. A citizen's committee was fonned and participated in forming a core group of stakeholders.
1 Each community has a representative in the committee and reports back to their respective communities.

l Lessons Learned
Defining the Community
The definition of community was a constant challenge for the facilitators and participants alike. In
both Tres Piedras and the Manzano Mountains there were other communities which relied heavily on the
forest resources. For them, the management of those resources was very important. There were people further
away in cities, even other states, who had deep attachment to these forest lands and viewed themselves as part
of the community of users.
Since the purpose of community esource mapping was to articulate resource use by communities
situated in close proximity to and dependent on the forest, Western Network facilitators held fast to strict
definitions of both community of geography and local community of interest. Emphasis was given to building
a relationship between the Forest Service and the communities, and to including these communities in the
decision-making and forest management process.
Hijacking
As the project began to succeed as a communication vehicle, some factions within the community
became more interested in how it could serve their specific needs and less interested in its inclusive benefits.
In the Manzanos an activist organization dedicated to assisting Land Grants, wanted to use the survey data
and maps to further their cause and promote their interests.
Inclusiveness
Individuals with extreme preservation views refused to participate and attempted to sabotage the
process by writing letters to Forest Service administrators at both the regional and federal levels, and to the
Ford Foundation (funding source for the project) claiming that the project was biased favoring traditional
communities.
Defending the process from these hijackers became a full time job and the facilitators worked hard to
keep the inclusive goal of the project alive and participants focused on building trust and collective
involvement. In both project areas the core group was instrumental in keeping the maps and data exclusively
for their use in forest planning and in consistently remaining open to all interests and accessible to everyone.
Outside Influences

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 Other events outside the project areas also influenced the communities and the process. These
included, ·lawsuits, natural disasters, and events. Land grant claims over contested boundary lines and water
use regarding riparian areas have become critical issues in the Manzanos. In Tres Piedras, the Rainbow
Family, a national organization dedicated to enjoying the spiritual and natural beauty of forests, selected this
area for their annual gathering. The invasion of thirty to forty thousand campers for two months temporarily
interrupted the project by delaying meetings and diverting Forest Service staff and resources to providing for
the needs of these campers. There was great concern in the community and the agency that peaceful
demonstrations by activists would escalate into violence, but to everyone's surprise it did not occur.
Environmental litigation over endangered species habitat affected how the agency now manages
forest use affecting fire wood cutting, forest thinning projects in the Manzanos as well as logging (timber
sales) in Tres Piedras.

The Future
Implementation of the community maps and survey data has been slow and undefined. The Forest
Service'intends to complete their planning process in the two districts by 1998 and implementation of the
project information has been left to the agency but the communities expect compliance by the agency to the
memorandum of understanding. In both areas the citizen committees and the Forest Service remain committed
to continued dialogue. Potential projects currently being discussed are as follows:
I
• fire evacuation planning and urban interphase,
• road and camp ground maintenance and clean up,
• information exchange regarding available labor,
• equipment and contract work,
• a pilot thinning project to improve forest conditions and provide fuel wood in the Manzanos, and
• continued dialogue between all stake holders .

Need to BuildJnternal Capacity

Th~ facilitators are addressing the issue of continuity by periodically holding training workshops for
capacity-buil(Jjng in meeting facilitation, mediation, and networking with other groups. Administrations and
communities-cnange, staff moves on, and project funding eventually ends. It is possible, however, that the
effort that remains could maintain solid participation and dialogue between the communities and the agency.
Building capacity is an important component for modeling good partnership between facilitators, showing
what good productive dialogue looks like, and it creates expertise on the process among the participants, so
that they can become consultants to other communities and to the Forest Service.

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212
 Community people are a great resource, for their own community and others. This process offered a
voice for the expertise that lies in every person who lives on the land and cares about it. Participants gained
confidence in their own abilities and knowledge, and viewed themselves in a new light, as expert~•. ~n-~bliog

l them to relate better with the Forest Service and with each other. Moreover, some residents began _to branch
-l .· IL

out to other interests and to communicate on a broader level.

l In the Manzanos, efforts between the facilitators and the communities helped
•
nu,seful).Qi.ng
\ ,1 ·- ·
.~~-P~Yfor
+• - •

some core group members to attend national and regional forest-related conferences. This ~ffo!lh~ ~en
particularly beneficial because it has provided the opportunity for these people to g~n a broa~er. r~wof
forest management. In Tres Piedras there is interest in including another neighboring community in the
project. ...,•
Importance of Inclusiveness •:

For a process like this to be effective it has to involve stakeholders that are committed and involved
from the beginning in all aspects of its design and implementation. The key to any measurable success is the
work and involvement of both communities and resource management agencies. Theref~re ~ey ~ust take
ownership of the process and responsibilities associated with its outcome and let the facilitato~ take a Jesser

] role.
Investment in building trust and relationships between all the stake holders is cru~ial to the proc~ss.

l Inclusiveness of all interests is important because it demonstrates to everyone that the pr~ess is fair, s!lfe,
and equitable. It encourages everyone to participate and prevents anyone from highjaclcing the process to only
benefit a specific interest. In the Manzanos, efforts by land grant and environmental interests were not
successful because the group recognized the value of the collective group and were corrµnitted to an inclusive
process.
In both sites, the mapping project has provided a forum for discussion between ilie agency and the
communities, and relationships that could be characterized-as partnership-building seem to be emerging. The
mapping process has also resulted in some real changes in the way the Forest Service manages its resources.
It now demonstrates more interest in community involvement in planning and project development.
The maps were useful as vehicles for bringing the Forest Service and communities together in a new
way for expressing knowledge and values about the forest. It was a new way of building confidence in the
community instead of defeating them with piles of documents and jargon.
For all parties involved, this process appears superior to costly litigation for negotiating their
interests and for managing the forests. Although these two pilot projects are not finished .and it is much to
early to arrive at any firm conclusions, these projects have clearly demonstrated how crucial the role of a

213
neutral third party is to resolvingconflict.The imp~ial -facilitatoroffers people an outside entity to relate to,
provides staff support to the project, and fosters the evolution of a process that is fair, open to everyone, and
inclusiveof all interestedparties.
This process involves.-Som~very'creativethinking'and may not be applicablein all settings l
particularlyin largercommunitieswherethe populationis more complexin size and interests.Therefore what
worked here may not work somewhereelse;.'!~,so~e p~cipants, this process was successfulat satisfying
.t . _,
I
some of their needs, but to other resideqts,it~id not p_rod4.~~
d~_sJred
outcomes.It is possible that the
• 1:-- .. , \ -~, .

remainingeffort could maintain~olidpartic!paµo~'betweenthe c'ommunitiesand the Forest Service. Western

-- - • - • # - .,

Network remains optimisticthat ~s P,r~jec!

-~11 leave the~omroqnitie~ofTres Piedras and the Manzanos in
,. •' I ,1,..
,t,,;: \ •
less conflict and better able,.~?::-IJ)J!lai~
~ei~-naturalresource~-than-~ey;werebefore.
- ~ . {. ·.. ' ', ,. ..
/ (' ·,:i - :a-0"
·..:.:--~·.- \
:-:-:.r. !:i:.:-t·-;. _1 ,( .. .. ..... .. __ ··- ...... .... - --· · l \ _ ..
·-- · ·- -;:-~·Referelfc8·· ~ -· · .It, ... . ·- ' , .

Bercovitch, J. 1984. Social conflicts and third parties: Strategies of conflict resolution. Westview Press.
Boulder,Co.

Carpenter,S., & KennedyW.J.D. 1'988. Md~~ging p~bli; ai;p'ui;f Jessey - Bass Publishers. San
Francisco. '·..' '' ,~--' ,.· .. :..,· ,. ' : - --.· · t::... 1-,·. " ··..i " ··! '·
~ ~ I,\ t

- ,.
Crawford, S. 1988. Mayotil~~<f Chronicle oJ..arJ'Ac,¢.
_q~ia i,r(N_d/Jhern New Mexico. Universityof New
Mexico Press, Albuquerque. . ,- ·· - · · ·' · ., ~r., •....,
,. I • -
:•

••
f

•
I

_j
, " ,"'.,S

•.
• .• ""I

,.• ••-;_
•'°; ,I
l
DeBuys, W. 1985. Enchantment and exploitation-:-·The ·life,'and·hard tmes of a New Mexico mountain
range. Universityof New Mexjco ?ress. ,AlbA)querque.

Ebright, M. 1994. umd grants

.
& lawsuits
,

inNorthe/.n New Me~ico. Universityof New Mexico Press.

I
Fisher, R., & Brown, S. 1988. Getting together: Building relationships as we negotiate. Penguin Books.
New York.

Fisher, R., & Ury W. 1981. Getting to yes: Negotiating agreement without giving in. PenguinBooks. New
York.

Forrest, S. 1989. The Preservation of the village: New Mexico's Hispanics and the New Deal. Universityof ]
New Mexico Press. Albuquerque.

Jackson, D. 1991.Around Los Ojos, sheep and land are fighting words. Smithsonian. April:37-47.

McHarg, I. 1969. Design with nature. The Natural History Press. Garden City.

Steiner, S. 1970. La Raza: The Mexican Americans. Harper & Row. New York.

214
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 Appendix 1 .., :· t ~ •• ( ~ '

•', " • l: USA Ecosys~em Management Approach .r . , ...

·•·•) I 'f, t b

' I ll , j l L... .. I.
Proposed Action ~ .' I l · I-:., .I• r ,;,·
Purpose & Need
I •

Desired \ .ul ~~ . : ,1 ;~::

Conditions
• • • ,.' I IC • .• .:I
Public
Part1dpat1on Implement
Locate
] Arca
· ' Monitoring
Action

j
Eco■ystem ·Manag~ment·
·Ecosystem management 1s a hol1at1c approach lo .::m,:d
natural resource management. mcmng beyond a
companmenta11zcd approach focusmg on the tndJv1duaJ
pans of the foresL It ls an approach that steps back from
the forest stand and foc:uaes on the forest landscape:and
lta postt1on tn the larger envtronmcnt In order lo
Integrate the human. blologleal. and phyaac:al dlmenslona
o( natural resource managemenL Its PWl>OK Is to
achieve susUllnabt.llty of all resow-ca.·

Jack Ward 1bomu. Chief

tebnauy 3. 1994
Cona;m1ng ·New Dln:caona for the Fon:st 5erw:e·

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