The Forest Policy White Paper, 2001

This is a Forest Policy White Paper and as such is a working document and not a formal policy document. It should not be interpreted as the policy of the Government of Swaziland or the Ministry of Agriculture and Co-operatives until it has been finally agreed and adopted. A National Forest Policy will be an outcome of this draft document.

Contents | Chapter 1 - Introduction | Chapter 2 - Issues and Policy Statements | Chapter 3 - Institutional, Legal and Planning Arrangements | Appendix 1 | Appendix 2 | Appendix 3 | Appendix 4 | Appendix 5

3 INSTITUTIONAL, LEGAL AND PLANNING ARRANGEMENTS
3.1 Institutional framework
3.1.1 The role of Government
3.1.2 Institutional requirements
3.2 National Forest Action Programme
3.3 Human resource development and education
3.4 Research
3.5 Information and data management
3.6 Transboundary Concerns
3.7 Legal framework
3.7.1 Status of existing forestry related legislation
3.7.2 Provisions needed in new forest legislation

3 INSTITUTIONAL, LEGAL AND PLANNING ARRANGEMENTS

3.1 Institutional framework

3.1.1 The role of Government

Government has the responsibility to formulate and implement policy and legislation to direct and guide national development, including spatial planning and meeting the needs and interests of citizens. Competing interests must have a framework for harmonisation. Further, Government has to provide an enabling environment to enhance sustainable utilisation and development of the country’s natural resources to improve peoples livelihoods.

In this regard, the Government has through different national planning frameworks and initiatives, formulated development programmes aimed at improving and sustaining livelihoods of her people. Among these are the National Development Strategy (NDS) and the Economic and Social Reform Agenda (ESRA) which provide the framework and basis for a sustainable national development. These define the role of stakeholders recognising the private sector as the engine of economic growth as well as accepting the responsibilities of Government in enhancing the quality of life of her citizens in a sustainable manner. Accepting these as the fundamental premises, the government’s role in forest management should be:

  • To ensure sound policies and legislation guaranteeing equal access to resources and equitable benefits to citizens.
  • To promote, facilitate and actively support sustainable management and development of all forest resources.
  • To disseminate relevant information with regard to benefits and opportunities of forestry.

3.1.2 Institutional requirements

The recent developments in forestry, which are found outlined in national development strategies and plans, necessitate forestry institutions to provide a wide range of expertise and services, for which current provisions are not adequate. Constraints in the organisational structure of the current government forestry institution have a negative impact on management of forests and other natural resources. The need for expansion, upgrading, transfer to another ministry, and other institutional matters regarding the current forestry institution have been discussed over the past ten years, and were recently again reviewed. Some relevant recommendations to improve the situation include the following:

  • To empower the Ministry responsible for forestry in order to enable it to carry out its mandate and function in accordance with the National Forest Policy.
  • To review the institutional placing of the forestry institution based on the scope of the National Forest Policy.
  • To strengthen the forestry extension service to ensure service delivery to meet the needs of all stakeholders.
  • To encourage the privatisation of certain functions and services of the Ministry responsible for forestry.
  • To create an enabling environment for co-ordination of forestry programmes and co-operation with stakeholders in the forestry sector.

Recognising the importance of forest management in matters such as biodiversity conservation and tourism development, it appears that arguments supporting the importance of holistic forest management are gaining in strength. It is imperative to first define the functions of the forestry institutions and services required to implement a National Forestry Action Programme (NFAP) in accordance with the National Forest Policy, and then determine the necessary institutional changes required for implementation of the Programme.

3.2 National Forest Action Programme

The issues and policy statements identified in chapter 2 of the National Forest Policy indicate a need for a National Forest Action Programme (NFAP). The main purpose of a NFAP is to identify the priority problems and corresponding plans for action. The NFAP must include the following functions:

  • Define a Government strategy to implement the National Forest Policy.
  • Reflect the views of the common vision developed by Government and all stakeholders.
  • Indicate how the objectives of the National Forest Policy are to be met.
  • Provide strategic direction to all stakeholders of forestry and related institutions.
  • Provide guidance to the primary users of forests with regard to management.
  • Show flexibility in the design in order to absorb new views and solutions.

The formulation of the action plans of the NFAP will necessitate the establishment of an institution to manage the implementation. The functions and services required from the Ministry responsible for forestry and other institutions need to be evaluated in order to determine the necessary institutional changes (see previous section 3.1.2).

3.3 Human resource development and education

Human resource development required for the execution of forestry action plans is indicated in Appendix 5. Appendix 5 also provides suggestions for training and formal education in forestry. It is important to note that forestry should transcend through the national education system in order to achieve its sustainable management and development.

3.4 Research

Research requirements and institutional research arrangements related to forest policy implementation are discussed in Appendix 5.

3.5 Information and data management

Information relevant to forestry development and forest policy implementation falls basically into two categories. The first relates to direct information on the status and use of the forest resources, of which the most essential is the forest resource assessment. The second category relates to general information relevant to forestry, such as data on land, water, climate and the environment in general. Proper data management is an essential element of the information base. Appendix 4 provides an overview of information requirements relevant to implementation of forest policy and action programme and plans.

3.6 Transboundary concerns

There are presently considerable transboundary concerns related to forestry, inter alia forest fires, illegal trade in forest products, pollution, biodiversity conservation, invasion of harmful alien plant species and international law enforcement. These and other problems need to be addressed with a view to reducing and combating their impacts on the natural resource base and their effects on the economy of the country. This is particularly important, as ecological boundaries do not always conform to political boundaries. The Government of Swaziland shall address these issues in recognition of regional and international initiatives and agreements and in co-operation with neighbouring countries.

3.7 Legal framework

3.7.1 Status of existing forestry related legislation

The legislation dealing explicitly with forests and forestry share the main shortcomings of the legal framework for environmental management in general in Swaziland. Present legislation as examined by experts is viewed as incomplete, largely outdated and inaccessible, and in addition fragmented and in some cases overlapping. In general, there is inadequate enforcement of environmental and forestry laws.

It is clear that legislative changes will be necessary within the National Forest Policy, which ideally should be constituted by a comprehensive New Forest Act replacing outdated, fragmented and incomplete legislation. There is a need to review and update existing forestry related Acts with the assistance of national legislative structures in order to streamline and harmonise them to ensure that they reflect sustainable forest management. Clear definition of roles and responsibilities in terms of implementation and enforcement of forest policy and legislation must also be agreed upon.

3.7.2 Provisions needed in new forest legislation

With respect to common or communal forests, a New Forest Act should provide for constitutional protection for common property and protection of trees from regulations that undermine the security of tenure, both communal and individual. The Act should also pay attention to the aspect of shared or co-management between the Government and communities and the possibility of delegation of control over forest resources.

Furthermore, a New Forest Act should outline the relationship with other related Acts, recognise international conventions and obligations, and adopt international norms and standards.