Establishment of funds for village forest protection and development Monitoring and evaluation Policy

N gu yen , N gu yen K u es ter 1 3 3 Annex 2: Tentative institutional Arrangements for Village-based Community Forestry contd. Organization Task 9. Capacity Building

10. Establishment of funds for village forest protection and development

11. Monitoring and evaluation

Village Propose the needs for capacity building Village forest management board develops regulations on management and use of the fund with the participation of villagers, appoints a person to monitor transactions of this fund, and periodically reports on the fund Forest management board itself carries out ME activities with participation of communities. Commune Prepare plan for capacity building or human resource development Control and supervise the fund Peoples Committee Agree on the establishment of forest protection and development funds by communities Give guidance on ME of community forest management Dep. for Agr. Rural Dev. Prepare the contents for the training courses or training program Instruct villages to establish the fund Coordinate with district forest protection to review the implementation of village forest protection and development plan D ist ri ct Forest protection District forest protection to check the implementation of village forest protection and development plan PC Agree on the establishment of forest protection and development funds by villages Develop criteria and targets for ME of community forests DARD Give guidance to district DARD to instruct communities to establish the fund Consult PC in development of criteria and targets for ME of community forests Pr o v in ce Forest Protection Coordinate with DARD to consult PC in development of criteria and targets for ME of community forests Other organizations Provide expertise, training materials or funds Provide financial supports for the funds Consult communities in ME Source: Proceedings of the National Workshop on “Guidelines on Implementation of Community Forestry Management in Vietnam”, Annex 3. Hanoi, 30th December 2004 134 VIETNAM Wichawutipong 101 THAILAND COMMUNITY FORESTRY 2005 Janesak Wichawutipong i

1. Policy

Forest dependence, to a certain extent, creates a relationship between community and resources, which responds to ecological and socio-economic changes. A self- defined community creates local forest management groups who negotiate and assign members equitable sharing of resources, and claim the right to share resource management power and responsibility with the state to assure community access and use of the resources McCay and Acheson, 1987. The community also develops a set of rules and regulations both formal and informal, and enforces such rules and regulations to ensure that user rights and benefits are fairly distributed among members and are not reaped by outsiders or members who do not contribute to the group’s activities. Community forests CFs have long been a part of Thailand’s rural communities. Forests are considered life-supporting in terms of community settlement, socio-cultural development, and life maintenance. Simultaneously, forest systems are sustained by community practices e.g., respect and reciprocity. Villagers believe that community subsistence is not possible if the forest is not well taken care of. In Thailand, community forestry was officially recognized as a tool for sustainable forest management about two decades ago. A community forestry timeline of key events and legislated policies relating to CF management is presented below. i Janesak Wichawutipong, Director Forestry Extemsion Management Division, Community Forestry Office, RFD, Thailand. 102 THAILAND 1979 Peak of deforestation in Thailand 1.12 million hayear. 1987 Policy supporting private plantation. 1989 Logging Ban resulting from natural disasters e.g. flooding in southern part of Thailand. 1991 The Royal Forest Department RFD began a process to develop a Community Forest CF Bill to involve local communities in managing communal forests. The draft bill recognizes the legal status of communities living around Thailand’s National Forest Reserves and proposes the establishment of CFs by rural communities to manage forest areas in cooperation with the RFD. 1992 The draft bill was first approved in concept by the cabinet, and then passed through for legislative review by the office of the Council of the State. 1992-1995 The draft bill had been revised and reconsidered through appointed committee and public hearings. 1993 People drafted CF Bill. 1994 People campaigned for government to accept the Bill. 1996 The government assigned the National Economic and Social Development Board NESDB to organize and draft a new version of the CF Bill, with participation of representatives from government, NGOs, academics, and grassroots communities. A joint committee meeting comprising representatives from RFD, governmental agencies, academics, lawyers, NGOs and villagers was organized to draft a CF Bill at Suan Bua, Chiang Mai. This NESDB version was approved subsequently by the Parliament, but remained controversial among NGOs principally with respect to issues related to permitting community forests within protected forest areas. This led to a public hearing concluding that CFs in the protected areas were allowed on condition that communities proved that they settled before 1993 using large scale aerial photographs as evidence of residence and showed their ability to protect forests. 1996 1 Urban Elite Conservationists movement against Suan Bua CF Bill and the Minister of Ministry of Agriculture and Cooperative ordered to modify the Suan Bua version. Constitutional reform. 2 Cabinet approved CF Bill, the Ministry version. 3 Local communities all over the country opposed the Ministry version. A Joint Committee revised the drafted Ministry version. Prime Minister assigned Ministry of Agriculture and Cooperatives to submit the CF Bill, the drafted that recently revised to cabinet for consideration. 2000 The nationwide community forestry network announced the intention to collect 50,000 signatures to submit a people’s version to the Parliament according to Article 170 of the 1990 Constitution. 2001 CF Bill was approved by the Lower House. New Government confirmed to continue the consideration of CF People’s version. 2002 CF Bill was revised by the Senate on 15 March. Wichawutipong 103 The Senate’s revision is to delete the most crucial clause of the Bill to allow people settled in protected areas. Implementation of CFs and use of forest products in CFs must follow the existing forest laws. CF Bill sent back to Lower House to consider the Senate’s revision. Current Status of Policy To date 2005 the CF Bill is almost approved by the joint committee. Debates remain focused around issues of people settled in protected areas. While CF legislation is not yet available in Thailand, the RFD has been working to support local community management of its forests. The Bureau of Community Forest Management was designated in 2003 to serve the RFD in regard to CFs’ issues outside of protected areas. The Bureau comprises three major sections including the Administration Section, the Community Forestry Promotion and Management Division, and the Community Forestry Development Division. The Community Forestry Promotion and Management Division is responsible for: 1 Planning and promoting community forestry, and involving local communities, local organizations, NGOs, and other institutions in community forest management; 2 Developing Thailand’s CF database; 3 Establishing, expanding, and withdrawal of CFs outside of protected areas; 4 Improving community forestry procedures and sustainable use of forest resources according to local conditions, providing recommendations for community forestry promotion and management; 5 Monitoring and evaluating CFs; and 6 Working in cooperation with other CF agencies. Currently, over 5,331 villages have registered their CF programs with the RFD 2000-2005 record, 0.7 of the total number of villages in the country. These villages are managing CFs, which in total cover an area of approximately 1,229,170.49 rai or 196,667.28 hectares in both National Forest Reserves ~705,432.34 rai or 112,869.17 and other forests according to the Forest Act B.E. 2484 1941 ~523,738.15 rai or 83,798.10 ha. The area under CF management accounts for about 1.16 of total forest areas RFD’s 2003 record or 0.38 of total country land area. Key Policy Documents on Community Forestry and Related Legislation The Tambon Council and Tambon Administration Organization TAO Act 2537 1994, was developed to strengthen the role of village government in managing local natural resources, forest use, and planning and decision making under the relevant laws and regulations. All Tambon Councils will be upgraded to Tambon Administration Organization Or-Bor-Tor. The Or-Bor-Tor is an elective body drawn from the village level from which two representatives are elected. The organization plans activities to spend local taxes that the Or-Bor-Tor is mandated to collect, part of which it is hoped will go towards resource management and protection activities. The Tambon council, 104 THAILAND although its members can sit with the Or-Bor-Tor, is a separate body and cannot decide how taxes are spent locally at the district and sub-district level. Only 3 of the revenue collected by the Or-Bor-Tor will go to the central government with the remainder to be used locally. The National Constitution 2540 1997 The National Constitution was a landmark event which promoted local management for resources. For example Article 46 on Decentralization Policy states that local people and organizations should be involved in managing their natural resources, in a way that does not conflict with existing laws. The Decentralization Act of 2541 1998 provides a guideline for the election of community representatives to the Tambon Council. Forest Act B.E. 2484 1941 concerns logging operations and non-wood forest products collection, timber stamp, wood and non-wood forest products during moving, sawn wood control, forest cleaning, miscellaneous, penal provisions and transitory provisions. National Park Act B.E. 2504 1961 covers the determination of National Park Land, National Park Committees, Protection and Maintenance of National Parks, Miscellaneous, Penal Provisions and Transitory Provisions. National Reserved Forests Act B.E. 2507 1964 includes the determination of National Reserved Forests, Control over and Maintenance of the National Reserved Forests, Penal Provisions and Transitory Provisions. Wildlife Preservation and Protection Act B.E. 2535 1992 concerns General Provision, the National Wildlife Preservation and Protection Committee, Hunting, Propagating, Possessing and Trading in Wildlife, Wildlife Carcasses and Carcass Products, Importing, Exporting, Passing Through, Moving Wildlife and Wildlife Check Points, A Public Zoo, Areas and Places under Prohibition of Wildlife Hunting, the Competent Officer, Penal and Transitory Provisions. Reforestation Act B.E. 2535 1992 covers the determination of Reforestation Land Registration of Private Reforestation Rights, and Ownership and exemption of Royalty on forest products Wichawutipong 105

2. Current Institutional Arrangements