New federal structure stirs disputes over forest use

With the implementation of three-tier federal structure, disputes have emerged between Community Forestry User Groups (CFUGs) in different parts of the country over the ownership and use of community forests.

As per the existing act, CFUGs are managing and taking the ownership of community forest that has rapidly increased in the past two decades. Community forest in Nepal has set an example in the world when it comes to conserving forest and environment.

Reports have surfaced lately that the local level governments are asking CFUGs to take their prior approval before making any decisions about community forest. Under-Secretary and Spokesperson at Department of Forest confirmed that disputes have emerged in some parts of the country over the use of forest. “We have received such information from Chitwan and Tanahu districts. The disputes were settled by District Forest office,” he said.

There has been an understanding that CFUGs will take the leadership of community forest until new legislations are formulated by authorities at center, provincial and local.

Chairman of Federation of Community Forestry User Ganesh Bahadur Karki said that local governments cannot curtail the rights of community forest. “Government cannot take the ownership of the forest managed by community in the local level, such steps are not acceptable for us,” said Karki.

Without the formulation of law, according to officials, such issues will not be settled. The Ministry of law has already dispatched a set of modal laws for the provinces and local level. The constitutional provision has empowered the local governments with the authority to formulate the required laws.

About 35 percent of Nepal’s population, approximately 1.45 million households, is involved in community forestry management program. As of now, 19,361 Community Forestry User Groups (CFUGs) have been formed of which 1072 is comprise of only women members. A total of 18,13,478 hectares of National forest have been handed over as community forests, thereby benefiting 24,61,549 households.

Natural Resources and Fiscal Commission (NRFC) have expedited homework to prepare a modality for the distribution of royalties from natural resources.

The NRFC, a constitutional body, which has already submitted its report to the government suggesting ways for allocation of revenues and other fiscal management in the federal set up. It is also collecting data on the natural resources available across the country, and their annual income.