**2. Legal and policy framework for implementation of CFM in Uganda**

### **2.1 National legal and policy provisions on CFM**

The Constitution of the Republic of Uganda (1995), which is the supreme law, in Article 13 provides for the protection of natural resources including forestry and Article 27 provides for the sustainable management of natural resources. The traditional, protectionist approach of policing forest reserves has not been effective in reducing widespread illegal activities, has not favoured local communities in sharing the benefits from protected forest areas, and has been a source of conflict between the lead agencies and communities. The constitution

forest reserves can only be adequately managed if cooperation of forest adjacent communities is obtained; (ii) a desire to overcome conflicts with neighbouring communities; (iii) a desire to create opportunities for local people to contribute towards protection ad rehabilitation of forest resources thus reducing the costs of management; (iv) a philosophical commitment to human rights and thus to fair and equitable treatment of communities living adjacent to forest to forest reserves that they have traditionally utilised for products and services; (v) a mechanism for supporting sustainable forest based livelihoods in poor rural communities; (vi) an awareness that forest reserves are decreasing while human population is increasing; and (vii) a move towards participatory approaches and

The goal of CFM is to contribute to the overall goal of the National Forestry Authority in sustainable forest management. The purpose is to enhance sustainable forest management through the active participation of interested parties. The specific objectives are to improve forest management through: (a) reduced costs (fairer distribution of the costs of management); (b) fairer distribution of benefits, responsibilities, decision-making authority in management; (c) reduction of conflicts over resource use; (d) creating awareness about benefits of forests; (e) creating a sense of ownership over forest resources; (f) sharing knowledge and skills (both FD and community sharing with one another; and (g) keeping

In the larger forest sector and national context: (i) Makerere University was in the process of re-orienting its curriculum to incorporate courses in community forestry; (ii) Decentralization process aimed at creating strong local level administration; planning at the sub-county level is today nearer to the local users than before when it was done at the district level; (iii) as a result of decentralization, environmental committees at the Local Council levels were already being formed and it was envisaged that forest management issues could be addressed in these committees; (iv) the wide range of actors already operating in the forest sector provided a good opportunity for an agency like FD to play a

From the community side, concern was already being expressed about environmental degradation in the context of appreciating the value of the forest. Community members also exhibited behavioural changes, such as reporting of illegal harvesting. They also expressed willingness to take responsibility for the management of the forest so long as they can

The Constitution of the Republic of Uganda (1995), which is the supreme law, in Article 13 provides for the protection of natural resources including forestry and Article 27 provides for the sustainable management of natural resources. The traditional, protectionist approach of policing forest reserves has not been effective in reducing widespread illegal activities, has not favoured local communities in sharing the benefits from protected forest areas, and has been a source of conflict between the lead agencies and communities. The constitution

**2. Legal and policy framework for implementation of CFM in Uganda** 

decentralised governance in natural resources management.

abreast with trends in the rest of the world.

**1.4 The larger forest sector and national context** 

catalytic role in integrating management efforts.

**2.1 National legal and policy provisions on CFM** 

**1.5 The community perspective** 

benefit from it.

thus gives ownership of resources to the people while government holds the resources in trust for all citizens. The 1995 Constitution of Uganda also incorporated decentralisation into the directives of the national policy (Government of Uganda [GOU] 1995, 1997). The government of Uganda views participation of local people and community based organisations in forest management as a practical and equitable alternative to traditional top-down approaches to forest management (MWLE 2002). It is believed that actors and agencies with grassroots experience such as NGOs and CBOs will mediate participation of local authorities and their institutions in sustainable forest management.

Following the enactment of the Resistance Councils and Committees Statute in 1987, the National Resistance Movement (NRM) government of Uganda embarked on the process of devolution of power to the district councils including the management of natural resources. In 1993, the Local Government Statute was passed and as a result some powers and responsibilities to manage forest resources were transferred from the central to local government authorities (GOU, 1993). This was further emphasised by passing of the National Environment Act (1995) and the Local Government Act of 1997 (Government of Uganda 1995, 1997). Along with other public service functions, the objectives for decentralising forestry were to: (i) enhance the role of local government with more developed responsibility to plan and implement forestry activities; (ii) reduce the burden on public finances by empowering local government to outsource financial resources and manage forestry activities; and (iii) encourage participation of local communities and farmers in the management of forest resources. The current 2001 Forestry Policy envisages that government will promote innovative approaches to community participation in forest management on both government and private forestlands and this is intended to provide a balance between the protectionist approach to forest management and open access to forest resources that may be destructive. The development of Collaborative Forest Management is intended to define the rights, roles and responsibilities of partners and provide a basis for sharing benefits from improved forest management. Therefore the CFM process is guided by principles that partners have to adhere to (Box 1).
