Arba minch university

SCHOOL OF LAW

THE LEGAL AND POLICY FOUNDATION FOR PARTICIPATORY FOREST

MANAGEMENT IN ETHIOPIA.

A SENIOR ESSAY SUBMITTED IN PARTIAL FULFILMENT OF THE

REQUIREMENTS FOR THE DEGREE OF BACHELOR OF LAWS (LLB) AT THE
SCHOOL OF LAW.

By: Tolosa Beyene

Advisor Rediet Siyoum (LLB&LLM).

Arba Minch

Ethiopia

December 2018

i
 DECLARATION
I declare that this entitled ’The legal and policy foundation for participatory forest management
in Ethiopia”,which I submitted for award of degree of bachelor of law(LLB) is my original
research work carried under the guidance of instructor Rediet Seyoum at Arbaminch
Unversity.Ideas and expressions borrowed from others authors and materials duly achnowledged
and properly cited.I further declare that this thesis wholy or in part,has not previsouly formed
bases for award of the any degree,diploma or other similar titles.

______________________
Signature
Tolosa Beyene
Name
. RSSH/498/07
University Id. Number
Date_________

ii
 Thesis Approval
These thesis entitled “The Legal and Policy Foundation For Participatory Forest Management In
Ethiopia.”by Mr. Tolosa Beyene is approved for the degree of Bachelor of Laws.

Board of Examiners
Advisor: Rediet Siyoum Signature _____________Date_____________

Examiner____________________ Signature_____________ Date____________

iii
 Acknowledgement

First of all I would like to thanks” almighty GOD” without whom guidance and help this
would not completed. Secondly I am highly indebted to my Advisor Rediet S. (LLB&LLM) for
her patiently read my paper and gave me constructive and valuable comments on it.Thridly I am
highly indebted to my family specially to my father Ato Beyene Yeba and my mother W/ro
Azalech Gobena for their moral and financial support during my stay five successive year at the
Arba Minch University and as well as in my school life. Fourthly my gratitude goes to my
beloved brother Petiros Beyene for his all moral and financial assistance and all other individuals
for their immeasurable contributions to finish this work effectively. Lastly I would not pass
without giving the thanks to my friends Tinsae Seifu and Taye Mulatu for their contribution
typing instrument or their computer to me in order to finish this research paper effectively.

iv
 Acronyms

1. ARDB-Agricultural Rural Development Bureau.

2. BERSMP-Bale Eco. Region, Sustainable Management Programme.

3 BOARD-Bureaus of Agriculture and Rural Development.

4 CBD-convention on Biological Diversity.

5 CBFM-Climates Resilient Green Economy.

6 CBFM-Community Based Forest Management.

7 EU-European Union

7 FDRE-Federal democratic republic of Ethiopia

8 FCoop; s-Forest Cooperatives

9 FMI’s-Forest Management institutes

10 FMA-Forest Management Agreements

11 GTP-Gross and Transformation Plan

12 GIZ-German Technical cooperation Agency

13 IFMP-Integrated forest management project

14 JFM-Joint forest management

15 JICA-Japan international cooperation agencies

16 MOA-Ministry of the agriculture

17 NGOs-non-governmental organizations

18NTFP-Non timber forest production

19 PDRE-Peoples democratic republic

v
20 PFM-participatory forest management

21 PFMA-participatory forest management agreements

22 SFM-sustainable forest management

23 SNNPRs-southern nation nationalities and peoples regions

24 SOS-save our life

25 SSLFMP-strengthening sustainable livelihood and forest management programme

26 WABUB-Wolda bulchinsa bosona afaan Oromo language abbreviation (forest management

Association)

27 WAJIB –forest dwellers association afaan Oromo language abbreviation

vi
Table of Contents
Topic page

Title…………………………………………………………………………………………….i

Declaration ……………………………………………………….…………………….……….ii

Thesis aproval page…………………………………………………………………………….iii

Acknowledgement……………………………………………………………………………..iv

Acronomy/Abrevation …………………………………………………………………………v

Abstract…………………………………………………………………………………………vii

Table of the content………………………………………………………………………….…x

CHAPTER ONE

1 Introduction……………………………………………………………………………………………………………………………………..1

1.1. Bacground of the study………………………………………………………………………………………………………………...1

1.2. Statement of the problem…………………………………………………………………..3

1.3. Objective of the study………………………………………..………

1.3.1 General objective ..................................................................................................…...4

1.3.2 Specific objectives…………………………………………………………………….4
1.4. Research Questions

1.5. Significance of the study

1.6. Scope of the Research

1.7. Methodology of the research

1.8 Limitation of the study……………………………………….……………………………..6

1.9 Organization of Research Paper6

Chapter Two
2.1 Overview about PFM and forest laws in Ethiopia at different regimes………………….....7

Introduction………………………………………..……………………….……….………7

vii
2.1.1 Definition of the PFM…………………………………………………………………...7

2.1.2 The process for establishment of the PFM in Ethiopia….…………….………….….…8

2.1.3 Historical foundation of the PFM in Ethiopia……..…………………………………...8

2.1.4 Approaches of the PFM………………………………………………………………..11

2.1.5 WAJIB Approach………………………………………………………………………11

2.1.4.1 Principles and Objectives of WAJIB Approach……..……………………………….12

2.1.4.2 WABUB Approach……………………………………………………..…………….13

2.2 Forest laws in Ethiopia during imperial regime….………………………………….……14

2.2.1 The 1931 constitution……………………………………………………………………14

2.2.1.2 The 1955 revised constitution…….……………………………………………………15

2.2.1.3 State Forest Proclamation No 225/1965………………………………………………15

2.2.1.4 Private Forest Conservation Proclamation No 226/1965…..…………………………16

2.2.1.4 Protective Forest Proclamation No 227/1965……..…………………………………..16

2.2.2 Forest laws in Ethiopia during the Dergue regime……………………………………..17

2.2.2.3 Forest laws in Ethiopia during the time of the PDRE constitution…………..……….18

2.3 Forest laws in Ethiopia at the present time………………………………………………..19

2.3.1 Forest laws at the federal level…….…………………………………………………….19

2.3.1.1 FDRE 1995 constitution………………..………………………………………………19

2.3.1.2 Forest conservation Development and Utilization Proclamation No 94/1994……….…19

2.3.1.3 Forest Development Conservation and Utilization proclamation No 542/2007…….…21

2.3.1.4 Forest laws in Ethiopia at the regional level…………………………………………...22

2.3.1.5 The forest laws at SNNPRs regional states Proclamation No 147/201………………...22

2.3.6 The forest law of Oromia regional state proclamation No 721/1995…………………….23

viii
Chapter Three

3.Policy and legal framework on PFM in the Ethiopia.……………………………………….25

Introduction…………………………………………………………………………….….25

3.1 Participatory forest management under Ethiopian legal regime.…………………………26

3.1.1National legal framework on PFM………………………………………………………27

3.1.1.1 constitutional principles...…………………………………………………………….27

3.1.1.2 Forest Development Conservation and Utilization Proclamation No 542/2007……..28

3.1.1.3 Convention on Biological Diversity ………………………………………………….29

3.1.2 Regional legal frameworks on PFM…………………………………………………….29

3.1.2.1 Oromia Regional state forest proclamation No 72/1995………………………………30

3.1.2.2 Revised rural land administration and use determination proclamation No133/2006…30

3.1.2.3 SNNPRs proclamation NO 147/2012………….………………..……………………..31

3.1.3 Major policies and directives that can support the promotion of the PFM in Ethiopia…..32

3.1.3.1 The environmental policy in the Ethiopia………………………………………………32

3.1.3.2 Ethiopian forest policy and strategy…………………………………………………....33

3.1.3.3 Biodiversity policy………………………………………………….………………….34

3.1.3.4 Growth and transiformation plan(GTP)………………..………………………………34

3.1.3.5 Climate Resilient Green Economy (CRGE)……….….………………………………..35

3.1.3.6 The Rio-Declaration on environment and development ………………….………...…35

3.1.4 Challenges or limitations which encountared for implimantation and hinder the achievent
of the objectives of the PFM in Ethiopia………………………………………………………36

3.1.5 Solution for the feature PFM in Ethiopia…………………………………………………37

Chapter Four

4.1 Conclusion…………………………………………………………………………….. 39

ix
4.2 Recommendations…………………………………………………….……………….40

4.3 Bibliography…………………………………………………………………………….42

x
ABSTRACT

This study deal with the legal and policy foundation for the participatory forest management in
Etheiopia. Participatory forest management as it stands today in Ethiopia is a management
regime aimed at achieving better sustainable forest management through balancing
conservation, utilization and through participating the local communities.The general objectives
of the this paper is to investigate legal and policy foundation for the participatory forest
management and to evaluate the application and enforcement of the law and policy on the PFM
approach in Ethiopia. In this researcher paper the national and regional legal framework was
investigated and analyzed with the promotion of the PFM approach in a Ethiopia. Without the
participation of the local communities to management activities of the forest, the sustainable
forest development is unthinkable. During the past time the government manages the forest by
the top-down approach management system, which doesn’t reduce the forest deforestation in the
country. As one of the solution, FM approach introduced in that early 1990s by some non-state
actors commitments. Even through the government recognizes the PFM approach in order to
manage the natural resources, the country expreancing high rate of the deforestation,for this
reason the effectiveness of the sector fall under the question. Main problem to this cause is week
enforcement of the law and policy, lack of strong local institutions of the PFM, lack of the
guidelines and lack of awareness of the people about the participatory forest management
interest. In order to solve such problems the researcher raise two most important questions
which is relevant to the study. What is the role of the existing law to solve such problem and
promotion of the PFM approach. How the government give the proper recognition to
communities participation at the management activities of the forest in Ethiopia. These research
paper tries to answer such questions on the bases of the findings. This study also has the
significance to solve such problems and further study on similar issue and it may encourage
other regions that had not till adopt this approach.

xi
 CHAPTER ONE:
1. Introduction

1.1. Back ground of the study

Participatory forest management(PFM) as it stands today in Ethiopia is a management regime

aimed at achieving better sustainable forest development through balancing conservation,
utilization and through participating the local communities 1. In the same manner it mobilizes
and transfer management responsibilities to local communities living in around forest areas
where resources are linked directly adjacent to the local communities 2. It is the strategy of forest
management that seeks to include local stakeholders, such as local communities, in to
management decisions and integrate indigenous knowledge and practices in to sustainable forest
management regime3. In order to protect forest from the deforestation, mismanagement or
danger. The Proclamation to Provide the Development Conservation and Utilization of the
Forests Proclamation No 94/1994 and 542/2007,both proclamations in their preamble opens the
room for PFM in the Ethiopia to local communities in order to participate in forest management
activities4. Whereas the sustainable utilization of the countrys forest resources is possible through
the participation of people and benefit sharing by the concerned communities as well as by
making forest policies and programs to be conducted in conformity with other economic sectors
particularly agricultural developments5 .This laws addressed in this research study by assessing
and evaluating their role with the promotion of the PFM scheme in a country. Without
participation of local communities sustainable development, protection and management of the
forest sector in a country is unthinkable6 .During past time the government controls the forest by
top- down approach, this means the government only centralized the management and
controlling activities without creating the space for the local communities to participate in forest
management activities7. In the same manner the approach also undermined the roles of local
1
Messaye sintayew and Tsegaye Tadesse, Gidline for PFM in Ethipia moa(2012), p,4 last visited on September 4
32018.
2
ibid
3
ibid
4
The proclamation to provide the development conservation and utilization of the forest proclamation No.94/1994
and 542/2007 preamble.
5
ibid
6
http;//www.reddplusethiopia word.press.com.(legal framework) last visted on September 5,2018.
7
https;//www.research gate, net/publication/232692662-participatory –forest-management and its impacts on
livelihoods and forest, the case of Bonga forest. Last visited on Sep, 10/1/2018.

1
communities, their traditional institutions and knowledge of the forest management practices and
considered the local communities as enemies (destroyers) of the forests, this leads illegal forest
deforestation in the country8. For this reason the forest resources in Ethiopia have suffered
decades of mismanagement due mainly to loosely defined property relations over these
resources9. As one of the solution, PFM approach introduced in that early 1990s by some non-
state actors commitments or nongovernmental organizations (NGOs), like farm Africa (British
charity non-profit organizations) doing most of its works Eastern Africa in partnership with SOS
Sahel(local NGOs)10. Thanks to this organizations nearly two decades experience of participatory
forest management activities exist in the country 11. However systematic assessments of the
performance of the scheme are scanty or shortly performed 12. The researcher also access the laws
of different periods or eras in order to check whether or not such laws incorporate the provisions
about participatory forest management in Ethiopia and analyze them with the promotion of the
PFM .The emperor Haile Selassie 1931 constitution, 1955 revised constitution, Derg regime
constitution and present day time constitution at federal level and regional level. By through this
process the researcher examine and evaluate the role of such law and legal and policy
foundation for participatory forest management in Ethiopia.

The study also intended to discuss approaches of participatory forest management in

Ethiopia.There are different approaches follow to establish PFM 13. The first is WAJIB approach;
it is Afaan Oromo language abbreviation which means forest dweller association 14. It is the
participatory forest management approach developed through continued consultations between
major stakeholders after the conventional way of forest conservation has failed 15. It is official
launched in 2000 in Adaba-dodola forest in Oromia region 16. Its purpose is in order to ensure a
forest management system that makes a real contribution to secure local livelihoods there by

8
ibid
9
ibid
10
https;www//prtcepadia.net/en/cases participatory-forest-management Ethiopia Bonga case study,
visited on last sep.12/1/2018
11
ibid
12
Cited above at note 7
13
http; //www. Guideline for implementation of the WAJIB approach in Ethiopia based on the experience of the
integrated forest management project (IPMF) Adaba Dodola Oromia region, in Ethiopia 2nd Ed, 2005 p1.visited on
last sep,13/1/2018.
14
ibid
15
ibid
16
ibid

2
securing also the feature fate of the forest resources 17. It is an outcome of Ethio-German bilateral
cooperation18. This approach is expected to discuss detail in this study with its principles and
objectives. The second is WABUB approach; it is an abbreviation of the Afaan Oromo language
19
which means; forest management association .The name was originally given by local
community which establishes it at that time 20. It also has its own principles and objectives to
promote PFM .The paper also discuss participatory forest management under Ethiopian legal
regime. In this section, researcher discuss federal and regional laws analysis, if this laws have
put equal consideration of need for PFM implementation in forest governance , management and
enforcement of the PFM approach.

1. 2 .Statement of problem

At the time starting of participatory forest management in Ethiopia, the initiators of the idea of
the participatory forest management members were faced different problems. Even through the
government recognizes the PFM approach in order to manage forest resource under the national,
regional legal framework and international instrument the effectiveness of the objectives of the
sector fall under question. The policy and law enforcement of the forests and other related
environmental regulation has remained difficult barriers for achieving the objectives of the
programs and projects in the sector21. The first main problem for the performance of PFM
originated from not policy or law deficiency, but lack of effective enforcement of the law and
policy. The second one is lack of guidelines which regulates management of the forest by
ensuring or harmonizing the benefit sharing of the local communities from such forest
products22. The third one is lack of strong administrative and political support by local
government, mainly from rent-seeking behavior by some local authorities 23. The fourth one is
lack of the awareness of the community about the PFM use and absence of the forest institution
at the local level is also another factor24.

17
ibid
18
ibid
19
http;//www.WABUB field manual.Guidline for establishment of WABUB PFM unit, last visited on September,
22/1/ 2018.
20
Ibid
21
Cited above at note 6
22
ibid
23
ibid
24
ibid

3
. Therefore, the researcher identified problems which affects the effectiveness of the
objectives of the participatory forest management in Ethiopia which leads to low effectiveness of
the forest sector. This reason initiated the researcher to choose this area and undertake his study
on this area. The study tries to address these issue mentioned above on the analysis and give
possible recommendation to solve such problems.

3.1 Objectives of study

3.1General Objectives of the study.

The general objective of this paper is in order to investigate and eximane the legal and
policy foundation for participatory forest management and to evaluate the application and
enforcement of the law and policy on the PFM approach in Ethiopia.

3.2 Specific objectives of the study

Save as to the above general objectives of the study, the researcher also intended to achieve the
following specific objectives

 To identify and evaluate legal frame work on PFM in Ethiopia.

 To evaluate international legal instrument with regard to PFM promotion in Ethiopia..
 To determine whether different Ethiopian existing law like land law, environmental law
or policy regime is suitable for promote solution for PFM.
 To explain the approach of PFM and its approaches principles.
 To evaluate proper recognition of community participation by government at various
level.
1.4. Research questions.
These research study trying to answers the following research questions.
 What is the role of the existing law to promote the solution for PFM problem in
Ethiopia?
 How the governments give proper recognition to community’s participation at the
management activities of the forest in Ethiopia?
1.5. Significance of the study

4
The PFM approach is a new concept in Ethiopia. Over a long period of time, forest resources
were is protected by rules and regulation from top- down approach. But this approach does not
minimizing the problem of deforestation or miming of the forest resource. By considering the
unsuccessful classical approach the Ethiopian government currently opens a room for
community to study factors affecting people participation in PFM activity which could help to
see the success and failure of approach itself and replicate these kinds of collaborative forest
management system. This study conducted in order to reduce the forest deforestation, to protect
the environment and to manage natural resources by giving the awareness to local communities
adjacent to the forest by the concerned government organs. Similarly it is essential reference to
identify and evaluate the role of PFM in the conservation and management of natural resources
particularly the forest and to discuss legal frame work and different policies on foundation of
PFM in Ethiopia. In doing so, more or less it contributes laying foundation for the further studies
in the area. The study also contributes or used as an initial point to those who wants to conduct
further study on this issue and it may also encourage other regions that had not adopted the
participatory forest management approach till now to adopt up on the achievement succeeded in
the regions adopted participatory forest approach.

1.6. Scope of the study

As its title may suggest the scope of the study has been limited to the legal and policy foundation
for the participatory forest management in Ethiopia. In conducting this study researcher would
examine the laws which call the communities to participate in forest management at federal and
regional legal framework and international instrumnts.Therefore the scope of the study limited
on this area.

1.7. Research methodology.

In conducting this study, researcher were used the qualitative research methodology or
doctrinal research approach .Therefore researcher has used litreture review like primary sources
including the various federal and regional laws which gives the opportunity for the communities’
participation of the management of the forest with the respect of benefit sharing from the forest
product. Laws intended to use conducting this study is constitutions, proclamations,
environmental policies and international legal instruments which give the protection for the

5
forest or natural resources. This materials used for the cooperative analysis of this study .The
researcher also uses secondary sources like library research,book, and the articles to gather and
secondary sources information for analysis of the study.

1.8. Limitation of the study

While the researcher conducting this study, researcher faced the different problems and
limitations which hinder the proper accompishement of this research. The main problems which
limits this study is shortage of the time due to proximity of the deadline of the submission of the
paper, big loading regarding the class assessment and preparation for the exit exam. Lack of the
well networked computer and inactive internet services, due to these the researcher lack adequate
and relevant materials, which support the study . Lack of typing instrument of the prepared
study, lack of good language usage and non-accessibility of important journals and books in the
library.Further,financial constraint was one among the other factors that hindered the researcher
while conducting the research.

1.9. Organization of the study

These researche paper is organized in to four chapters. The first chapter is an introductory
chapter and generally provides brief case overview of the issue would be discussed in the
research. The background of the study ,statement of the problem, the objectives of the study,
research question, research methodology,signficance of the study, scope of the study, limitation
of the study as well as organization of the paper. The second chapter devoted to discuss about the
overview about the participatory forest management and development of the forest laws in
Ethiopia. In the third chapter the paper discuss about the policy and legal frame work on
participatory forest management in Ethiopia and the finally fourth chapter in this section
researcher concludes his study. It contains conclutions and recommendations on the way forward
for the strengthening and effective implementation of the participatory forest management
approach in our country.

6
 CHAPTER TWO

2.1 OVERVIEW ABOUT PARTICIPATORY FOREST MANAGEMENT AND

FOREST LAWS IN ETHIOPIA AT DIFFERENT REGIMES.

INTRODUCTION

Under this chapter the researcher discusses about the meaning of the participatory forest
management, the process of its establishment, historical foundation of the PFM in Ethiopia and
the approaches of the participatory forest management with its objectives and principles briefly.
The research paper also discusses in this chapter about the forest laws in Ethiopia at different
regime. Many environmental legislations were promulgated in past at different regimes in
Ethiopia, among those legislations forest laws are one of the fundamental laws that
interdependently related with the livelihood of the all living and non-living things. Under this
chapter the attempts also made to see the Ethiopian forest laws in their chronological order.
These are forest laws before the 1974 revolution, forest laws between 1974 and 1991 and
present laws including federal and the regional. The above all issues addressed in this chapter
and the researcher discussed it briefly.

2 .1.1 Definition of participatory forest management.

There are different definitions that are given for participatory forest management. Among
these the first definition is:-“Participatory forest management is an approach where two or
more social actors negotiate, define and guarantee among themselves a fair sharing of the
management functions, entitlements and responsibilities for a given territory or a set of
natural resource25. The second definitions were given as follows:-“Participatory forest
management is a mechanism to protect forests in which communities (forest users and
managers) and government services (Forest department) work togather to define rights of
forest resource use, identify and develop forest management responsibilities and agree on
how forest benefits will be shared.” 26By taking common elements of these two definitions we
25
http;//www.pfmp.farms.org/ssifm/ Advocacy policy, No.31211.p5 last visited on November 28.2018.
26
http;//www.Farm-Africa/sos/ sahel Ethiopia, the key steps in establishing PFM.A field manual to guide
practitioner in Ethiopia p.3 last visited on November 28.2018.

7
 conclude that, participatory forest management is a participatory process creating a space or
open the room for community members to participate in the management of forest in their
locality and to take part in initiative to improve their livelihoods by using the product of the
forest legally. It is fully defined as a community based approach to forest conservation and
management, it is claimed to solution for in order to reduce deforestation of the forest.

2.1.2 The process for establishment of participatory forest management.

To establish participatory forest management systems the process is divided in to three distinct
stages27. Those stages are:-

 Investigating participatory forest management- the gathering of information about the

resources in the forest, the development of an understanding about forest users and other
stake holders, the establishment of appropriate forest management group, the assessment
and mapping of forest resources28.
 Negotiating participatory forest management- the negation and signing of forest
management plans (detailing forest management activities), the negotiation and signing
of forest management agreements (specifying roles, responsibilities and rules).29
 Implementation of the participatory forest management- the implementation of forest
management plan and adherence to the forest management agreement by the community
forest management groups, supported by the government, joint plan and agreement
reviews and revision as part of monitoring and evaluation systems.30

2.1.3 Historical foundation of participatory forest management in Ethiopia.

The general motives behind introducing PFM in Ethiopia is the following reasons, the main two
objectives are environmental and social. 31 The former one emphasizes on the mitigation of the
biodiversity loss, forest degradation and deforestation. While the later views as the concern for
livelihoods in forest neighboring areas as well as the rights of the local communities to utilize
such forest resources legally and without affecting the interest of the nature and sound manner.
With the objective to in order to control or reduce the current trend of forest resource decline
27
ibid
28
ibid
29
ibid
30
ibid
31
http;//.www regional office for eastern A. frica….last visited on November 30,2018

8
and recognizing the importance of forest resources to the rural poor and the role of sustainable
natural resources management for economic development Farm- Africa and SOS Sahel Ethiopia
has been piloting participatory forest management approach. 32 Farm-Africa has been involved in
the forest sector in Ethiopia since 1992. 33Neverthless,Farm-Africa and SOS sahel works in
partinership with forest communities to support them to manage natural resource sustainably and
profitable through participatory forest management34.

As a result, participatory forest management development in Ethiopia has been take place
almost in the absence of regulatory forest protection efforts due to weakness of forest institution,
lack of enforcement and lack of effective policy guide. 35In 1995 the Oromia regional state
government took the land in working with Farm-Africa to establish participatory forest
management at the chilimo forest site36The SNNPR regions followed this early initiative with the
establishment of Bonga PFM project in 1996. Again working with Farm- Africa some year later
in 1999, the Oromiya regional government state and SOS Sahel set up the Borana collaborative
forest management project.37 Establishing participatory forest management involves a
considerable amount of work, since a entroducing new approach to forest management in a
region is not an easy undertaking. However, with gradual process and commitment to learning
forests and communities alike have taken up the practice of participatory forest management
leading to positive change in the seemingly unstoppable war of forest degradation. As we all
agree there is still a long way to go, but with the support of government, communities are now
sustainably managing forest areas under legal rights agreements.

Currently Farm-Africa and SOS (save our life) Sahel Ethiopia is working to mainstream
participatory forest management in to policy and practice of forest management in Ethiopian in
collaboration with other actors.38The Farm-Africa /SOS/ shale’s participatory forest management
project aims to balance sustainable utilization of forest protection by securing sustainable rural
livelihood through securing forest users right and sustainable natural resource management. 39

32
Messaye and Tsegaye cited above above at note1 p,5
33
ibid
34
ibid
35
id p3
36
ibid
37
ibid
38
Messaye and Tsegaye cited above at note 1, p.5
39
ibid

9
 There are two participatory natural resources program of Farm-Africa and sos- Sahel in
Ethiopia with the same objective. 40These two participatory natural resources are Bale Eco-region
sustainable management programme (BERSMP) and strengthening sustainable livelihood and
forest management programme (SSLFMP). Both specifically aiming to.41

- Further contribute to the long term conservation and improvement of forest

condition in Ethiopia through adoption, exposition and implementation of PFM in
for a regions and Bale-Eco region.
- Increase the contribution to poverty reduction and improvement of livelihoods in
forest dependent communities through identification and development of viable
means.
- Ensure the adoption of PFM by federal and regional forest policy regulations and
practice so sustainably managing forest resources and protecting the user rights of
local communities including endegenous populations. To insure the effectiveness
and sustainability of the PFM approach in Ethiopian forest policy and practice,
the approach must be a prevailing practice with clear policy guide with in federal
and regional government policies. For this reason this assignment of strategy to
explicitly incorporate PFM approaches and formally recognize forest use right of
local communities in to forest policy would be imperative.

When we come to Ethiopian forest Legislation or forest proclamation No 94/1994 call for
people’s participation in the conservation and protection of natural resources in their
preambles42.But the current proclamation No.542/2007 is a significant move to words
community participation which emphasis on the need for community participation in the
planning, implementation and benefit sharing forest management. 43 The government has also
identified the areas of investments for the planning period and natural resources management.
This provides a good opportunity to expand on the link of forestry to rural livelihood
improvement through scaling up participatory forest management.

2.1.4 Approaches of participatory forest management (PFM)

40
ibid
41
id , P.6
42
Forest development conservation and utilization proclamation No 192/1994 preamble.
43
Forest development conservation and utilization proclamation No 542/2007 preamble.

10
There are different approaches of participatory forest managements. Some of its approaches are
discussed as follow.

2.1.4.1 WAJIB approach; its Oromo language Abbreviation for (“forest dwellers
association”) is a participatory forest management approaches developed through continued
consultations between the major stakeholders or the communities living around or in the forest,
after the conventional way of forest conservation has failed. 44It was officially launched in June
2000 in Adaba- Dodola forest in Oromia region. 45 The purpose is to ensure a forest management
system that makes a real contribution to secure local livelihoods there by securing also the future
of the forest resources.It is an outcome of Ethio- German bilateral cooperation which to used not
only on developing the technique but also on making it feasible. So that the approach can be
implemented within the existing structures and capacities of government partner. 46These
approach clearly demonstrates that local people can perfectly shoulder the responsibilities of
forest conservation if they can be made to take decisions about forestry issues that affect their
lives. It can be used as a tool in the process of communal participation local people can share the
responsibilities and the benefits of forest conservation.

The major purpose is to ensure that forest management makes a real contribution to
secure local livelihoods there by securing also the future of the forest resources management
activities47.The process leads to collaboration and a relationship of equals. Prior to initiation of
the this approach, the realization of forest conservation was believed to have come through
conventional ways including the setting up of village forest protection committees awareness
creation village development activities (as a means of buying cooperation) enrichment planting,
forest guards, area colures etc. 48 Experience later re-leaved that this was not the case rather the
best arrangement was to grant exclusive use rights to the primary stakeholders (the forest
dwellers) through consensus by the whole village community (including the non-forest
dwellers). This is then formulated as a management agreement to be signed by partners (the
users) and the government.49 This agreement contains management of forest resources and
44
Guideline for implementation of WAJIB approach in Ethiopia (based on experience of the integrated
forest management project (IFMP) Adaba Dodola Oromiya region, Ethiopia (2nd, ed, 2005) p. 1
45
Ibid
46
Ibid
47
ibid
48
Ibid
49
Id p. 2

11
confirms the boundaries of the forest resource and specifies who own it who use it and in what
manner.50 It also assigns role and responsibilities for the local communities to protect forest
resources.

A. Principles of the WAJIB Approach. It contains different principles 51. Those are:-

- Local people are capable of managing forest provided they are given proper rights
and duties.
- Forests are not enough for all community members; therefore, identification of
primary target groups in forest conservation is essentially.
- Granting excusive users rights to forest dwellers.
- Indigenous knowledge and respected to bring about necessary changes in forest
conservation and the forest dwellers must derive tangible benefit to actively
continue participating in forest conservation.

B, The objectives of the WAJIB approach52.

 To empower local people in forest management

 To improve livelihoods of the forest dwellers through sustainable forest utilization.
 To contribute in order to institutionalization of PFM as alternative forest conservation
approach.

2.1.4.2 WABUB Approach:- it is the second approaches of participatory forest

management.“It” is an abbreviation of the local language of Afaan Oromo, meaning “(forest
management association)”53. The name was originally given by community which established the
first this approach. It is also used as a real unit which over laps with the administrative boundary
of village or sub- village or a group of some sub- villages.This approach become effective once a
forest management agreement is concluded with the signature of the chair person of WaBuB
executive committee and Oromiya agriculture and rural development bureau (OARDB). 54 There
by the member of WaBUB are granted an exclusive right to use forest management agreements
(FMA).
50
Ibid
51
Id, P.3
52
Id. P. 4
53
WABUB field manual. Guideline for establishment of WaBUB PFM unit p1.
54
Ibid

12
 The first phase of the Belete- Gera participatory forest management project established
two WaBuB in “Chaffee” and “Afola” sub-Villages. 55 The second phase of Belete- Gera
participatory forest management project plans to expand it to other sub-villages.The process of
WaBUB approach- the Belete- Gera participatory forest management project (PFMP) also
recognizes that the process of PFM is an endless effort, and yet the role and capacity of Balete-
Gera PFMP and the Government is limited actually in achieving sustainable PFM as well as
conserving remaining forest resources.56The process of the this approach could be divided in to
two phases.57 Phase one- about its establishment. Phase two – harnessing the approach to achieve
economic development. The main purpose of phase one is to establish this approach and
conclude provisional forest management agreements (P-FMA) with community of forest
users.When we come to the second phase of this approach, once P-FMA is signed and WaBuB is
founded in community of forest users the approach would be promoted to become an economic
entity by engaging in value adding activities of forest product.

A.The principles of the WaBuB approach,it is built on three equally important and
interdependent principles58.These are;

i. Development of self-regulatory framework to ensure sustainable forest management

(SFM).
ii. Enhancement of income generation and livelihoods and
iii. Development of local organizational capacity.

To be successful these approach demands a multi sectorial approach that takes in to account not
only building a policy and institutional frame work for conservation of forest, but also enhancing
livelihood and Organizational capacity of people.

B.Objectives of WaBuB approach;The main objectives of the this approach is in order to change
the centralized management of regional forest priority area that managed only by government
agencies to PFM through formulation of forest local user, institution to share management
responsibility of the resource and improve their livelihood. 59Finally it has its own forest
55
Ibid
56
Id. P. 2
57
Id. P. 2
58
Id.p.3

59
Id, p.21

13
management agreement (FMA) which is legally binding contract between a defined community
of forest users and government60. The contract clearly states the role and responsibilities of both
parties in promoting of sustainable management of forest resources.

2.2 Forest laws in Ethiopia at different regimes.

Many, Environmental legislation were promulgated in the past different regimes in Ethiopia. 61
Among those legislations forest Laws are one of the fundamental Laws that interdependently
related with the livelihood of all living and non-living things. Under this section attempts will be
made to see the Ethiopian forest laws in their chronological order. Accordingly these sections
have three sub sections. These are forest laws before the 1974 revolution, forest laws between
1974 and 1991 and present forest laws including federal and regional.

2.2.1 Forest Laws in Ethiopia during emperor Hailaselassies regime.

2.2.1.1 The 1931 Constitution- in this constitution nothing was includes about the natural
resources and their conservation62.

2.2.1.2 The 1955 constitution- This constitution had a provision on natural resource and it
has better conservation rules for natural resources of the country as compared to 1931
constitution63

During emperor Haile Selassie regime there was many known environmental laws.
There were water laws, investment laws (specially mining laws), forest laws, plant protection
etc.64. According to the purpose of this section on forest laws hereby, forest laws in this regime
were intended to be discussed. Series of proclamations and regulations were enacted in 1965 and
1968 that dealt with the conservation, protection and exploitation of state forests. 65 Management
of protective forest conservation and utilization of private Forest and regulations which
determine power of ranger and forest guards 66. Before 1974/75, about half of the forest land in

60
Id.p.21
61
Mellesse Damteie, Environmental law, Teaching material (2010), P.114
62
id, p.127
63
Revised constitution of 1955 Article 130.
64
Mellesse cited above at note 61 ,p. 124
65
State forest proclamation No-225/1965, protection of state forest regulation No 344/1968 and
exploitation of state forests regulation No 345/1968.
66
Power of ranger regulation No 349/1968 and power of forest guards regulation No 350/1968

14
Ethiopia was privately owned or claimed and about half was held by government 67. The legal
regime until 1974 aimed at the protection of state forests and protected forests ( forests that are
protected from human and animal interference for the purpose of protection and development) 68.
Moreover, the exploitation of private forest was regulated with a view of balancing utilization
with forest protection and development.

Specifically, there are three consequent proclamations that were enacted in 1965. 69 There are:

1. State forest proclamation No- 225/1965

2. Private forest conservation proclamation No -226 of 1965
3. Protective forest proclamation No- 227 of 1965.

2.2.1.2.1 State forest proclamation No-225/1965

The state forest proclamation had purposes such as to protect, conserve,develop, and utilize
forests in accordance with modern scientific principles so as to promote the economic
development of the country and to ensure a continuous supply of forest products for the benefit
of the present and succeeding generations of the Ethiopian people 70 and to protect the soil of the
country from erosion, deflation and to balance the regime of there by preserve the natural beauty
and fertility of the country.71 The proclamation had ecological uses of forests as its purpose to
develop forest resources. It also recognized the rights of the succeeding (feature) generation to
utilize forest products. According to this proclamation all forest which were not owned or
possessed by any person where designated as state forests 72.As provided in article (6) of this
proclamation. No state forest should be alienated either in whole or in part. The duty of
conservation, protection, management and utilization of state forest was performed by ministry
of Agriculture73. Finally the proclamation provided for penalty clauses where one who violates
its provision would be punished in accordance with the penal code.

2.2.1.2.2 Private forest Conservation proclamation No- 226/1965

67
http; //;www;new world.moleg.go.kr/fi/download/…gov14w6xkuw bwox312 Elias N .stebek .Dwindling Ethiopian
forests‫׃‬the carrot and stick Dilemma last visited on November 18, 2018.
68
ibid
69
Mellesse cited above at note 61 p.125
70
Article 7(c) 0f state forest proclamation No 226/1965
71
State forest proclamation No 225/1965(preamble)
72
Article 4 forest proclamation No 225/1965
73
Id article 6

15
According to this proclamation, private forests were all forests not owned by the state but owned
by a person or group of persons.74 Although the private forests was owned by individual or group
of peoples. The owner of this forest is under the control or strict control of ministry of
Agriculture. For instance no person should remove, utilize process/destroy any forest product
from private forest, unless he has obtained a forest exploitation permission from community as
provided in the Articles 5 of this proclamation.

2.2.1.2.3 Protective forest proclamation No- 227/1965

The purposes of this proclamation were similar to that of state and private forests. It was the
minister of agriculture who was to designate a certain land to be a protective forest. 75 such land
would be covered by permanent trees; shrubs or other plants and doing that would be
indispensable to ensure conservation of the soil and its protection from erosion76 .

Conservation and the improvement of the water regime through the protection or
development of water shed, catchment areas springs, water course and water reservoirs and the
control of flood. From the above provisions of the proclamation one can understand that the
minister, can designate even privately develop forests as much greater than the measure for the
other type of forests. Therefore, on the recommendation of the minister to constructer of
Agriculture and up on the secession of the council of minister, to constitute certain lands as a
protective forests notice of such decision should be communicated by registered mail to all
known persons whose right might in any be affected by such decision and in addition should by
posted in government offices in the general vicinity of such lands 77. Accordingly, protective
forests should be administered and utilized under the general supervision of infinite of
Agriculture and utilized process or destroy and forest product frame protective forest except in
accordance with the relevant provisions of the proclamation and regulation to be is issued.This
regulations come-up with the establishment of community forests which the community forests
have grown, including all forests land on which the community forests have grown, including all
forests and forest products there on, were the property of community members of the community
were joints owner of land as well as the forests and the forest products 78. Finally as we
74
Article 4 of private forest conservation proclamation No 226/1965
75
Article 5 0f protective Forest proclamation No 2271965
76
Id article 4
77
Article 5 0f sub(a) 0f protective forest proclamation No 227/1965
78
Mellesse cited above at note 61 p.123

16
understand from the proclamations there were three types of forest owner ship during the regime
of emperor Hailaselassie. Those are state forests, private forests and community forests.

2.2.2 Forest Laws in Ethiopia during Dergue regime

Among the laws made during the dergue regime the most prominent Environmental law was
proclamation number 192/1980, a proclamation for the conservation and development of forest
and wildlife resources79. The proclamation has repealed some of the forest and wild life laws and
at the same time retained many of such laws. It established government office to be responsible
for the enforcement of the proclamation. The proclamation changed the previous type of forest
ownerships and introduced a new system of ownership. There were two types of ownerships 80.
These were,

1. State forests and

2. Peasant associations

Each peasant association was obliged by the proclamation Article 6(1) to develop and conserve
its own forest by planting trees within its locality in areas to be designate by the authority.
During this time (socialist regime) private forest ownership was avoided because of its
inconstant with the ideology of the socialist government 81. According to article 7 of the
proclamation the authority had greater power on forest of peasant association (kebele forest).So
no peasant association or urban dwellers association may sell kebele forest products without the
permission from the authority. In this proclamation the powers and duties of the authority were
discussed clearly82. For instance such authority has the power to plant, protect,develop, manage
and utilize state forest, designate state forest from which forest product may or may not be
utilized. There are certain prohibited activities in this proclamation 83. Some of those prohibited
activities are hunting wild animal or use the product, collect fell trees, collect, load or transport
any state forest product. Lastly we conclude from this proclamation there is imposed penalty

79
ibid
80
Proclamation for the Conservation and Development of Forest and Wildlife resources, article 5 No 192/1980
81
Ibid article 6
82
Ibid Article 7
83
Id Article 22

17
clauses by its own instead of referring to the penal code for the enforcement and implementation
of this proclamation84.

2.2.3 Forest Laws in Ethiopia during PDRE Constitution.

In the constitutional history of Ethiopia there are different long lived constitutions. However, this
constitution was lived only for five years. That means, from 1987- 1991. Therefore, compared to
other constitutions this constitution is a very short- lived constitution in Ethiopian constitutional
history. This constitution had specifically considered the issue of Environmental protection and
the duty of citizens in protecting forests, soil and water resources 85.Accordind to article 55 (3) of
PDRE Constitution.“Ethiopians have the duty to protect and conserve nature and natural
resources, especially to develop forests and to protect and care for soil and water resource” So
from this provision of the constitution we can understand as the constitution recognize the issue
of forest protection even if it imposed only duties to protect forest without recognizing the rights
of the peoples over it. Except this provision of the constitution there is no other law on
Environmental protection in this regime.

2.3 Forest Laws in Ethiopia at the present periods.

2.3.1 Forest Laws in Ethiopia at Federal level.

2.3.1.1 FDRE Constitution.

FDRE Constitution had a provision about the protection of the natural resources. Pursuant to
Article 51(5) federal government shall in enact laws for the utilization and conservation of land
and other natural resources86. This constitution is the first constitution to recognize the right to
live in health and clean environment as provided in Article 44(1) of the constitutions 87. So from
this one may understand that, unless otherwise there is conservation and protection of natural
resource especial forest the issue of living in clean environment will be a dream. Therefore, the
conservation and protection of natural resources like a forest and others are one a means to live

84
id Article 24
85
Mellesse cited above at note 61 p.127
86
Federal democratic republic of Ethiopia constitution proclamation No.1 1995 Negarit Gazeta 1st Year No 1
article 51(5).
87
Id article 44(1)

18
in healthy and clean environment88. When we come to other laws, the following laws were
discussed here under as follows on forest protection and management.

2.3.1.2 Forest Conservation, Development and utilization proclamation No-

94/1994

The forest proclamation of transitional period was replaced the socialist regimes, forestry laws is
proclamation No-94/1994 has replaced proclamation No.192/1980. The forestry conservation,
development and utilization proclamation has changed the types of forest ownerships 89. There are
three types of forest ownerships, that has recognized under this proclamation- these are

1. State forest (the federal government forest)

2. Regional forests and
3. Private forest

As any private property, private forests are under the control of their owners. However , owners
of private forests must obey or respect the instructions given to them by the ministry of
Agriculture90. There are different duties of owner of private forests that were provided under
Article 6 of the proclamations. Such duties are:-

 Develop forests in a sound manner and replace trees made use of in different ways.
 Ensure that forest is protected from fire and other hazards.
 Implement the overall directives issued by ministry of Agriculture on Environmental
protection and those pertaining to catchments, unique habitats as well as endangered trees
species and forest communities with in a region.

Article 40 of FDRE Constitution respects the property rights of private individuals 91. However,
on the other hand proclamation gives broad powers to the ministry of Agriculture on forests
which is developed by individuals. Owner of private forests have no full right over their own
property. They are always obliged to obey the rules of directives given to them by the ministry of
the agriculture .Article- 7 of the proclamation state that, the ministry or the appropriate regional
body may designate any forest (including those developed by private individual) as “protected
88
ibid
89
Article 3 0f forest conservation, development and utilization proclamation No 94/1994
90
Id article 6 cum 9(3)
91
FDRE constitution Cited above at note 86 article 40

19
forest”. Protected, forest” are the ones which have secured the special attention of the ministry of
Agriculture92. At the federal level, it is the ministry of Agriculture that designated any forest as
“protected forest” and at regional level the appropriate regional body (agricultural bureau or any
other body which is changed with the duty to protect forests) designates any forest as “protected
forest”93. The purposes of designating any forest is a protected forest is to conserve the soil from
erosion and degradation as well maintain and improve soils fertility, To protect rare or
endangered endemic plant, animal and bird species and genetic resources in general. To protect
and improve the status of water bodies, source of rivers and catchments and conserve unique and
representative habitat or mutual resources94.

Generally speaking the proclamation gave some discretionary powers to appropriate federal
and regional bodies to allow the use of non- timber forest products for the members of the
local communities. Prohibited activities has also discussed in this proclamation in Article 13.
Some of prohibited activities are cut trees, carry out hunting activities, keep beehives or
extract honey etc. For implementation and enforcement of Article 13 article 14 provides very
important rules which are the power of forest guards and inspects have been issued.
Although, the proclamation provides for the possibility of forest guards to control the
transport of forest products, at this time one can realize that forest products transported from
forest area to other places without fulfilling the necessary requirement set by the
proclamation95. Accordingly, the proclamations provide the compulsory duty to have forest
guards whose functions are protecting forest resources from illegal poarchers. Not only this,
even not having them is illegal, if there is no their means of controlling the distraction of
forest resources. A number of methods must be added to achieve good results. Under Article
16 of this proclamation penalty clause has been also discussed. Compared to proclamation
number 192 of 1980 no graver penalty is adopted in proclamation number 94/1994

2.3.1.3 Forest development conservation and utilization proclamation No-

542/2007

92
Article 7 of the forest conservation, development and utilization proclamation No 94/1994
93
ibid
94
ibid
95
Id article 14(3)

20
 The above Proclamation No 94/1994 was repealed by proclamation No 542/2007. As we can
infer from the preamble of this proclamation there are different objectives and purposes 96.
Under one of its objectives the proclamation presumes the development, Conservation and
sustainable utilization of forest plays a decisive role in satisfying the needs of the society for
forest products and plays a significant role in the enhancement of national economy in
general. Similarly it state that the sustainable utilization of the country’s forest resources is
possible through ensuring the participation of and benefit sharing by the concerned
communities as well as by harmonizing forest policies and programs with those of other
economic sectors, particularly with agricultural and rural development policy 97. Lastly the
development, conservation and utilization of forests plays decisive role in preventing soil
erosion, expansion of desertification, disturbance of ecological balance, depletion of
biodiversity and reduction of Agriculture due to the alarming situation of forest degradation
in the country. The statements included in the preambles of the proclamation have clearly
shown the purposes of law in protecting forest resources together with the ecological as well
as economic functions of forests. The proclamation as it is policy objectives recognized the
rights’ of participation and bend it sharing of the local communities 98.Like proclamation No
94/ 1994 this proclamation has also recognized only two types of forest ownerships these are.

1. Private forest ownership

2. State forest ownership.
The state and regional forest ownership types in proclamation No 94/1994 were simply
indicating ownership by the state. Because of this, it can be said that the repealed
proclamation had recognized only two types of ownership that is state and private. Unlike
proclamation No 94/1994 proclamation No 542/2007 has a provision that gives guarantee to
private forest developers. Any person who develops forest on his holding or in a state forest
area given to time on concession shall be given assurance to his ownership of the forest 99.
There is no substantial difference between the repealed and the new forest laws.

2.3.1.4 Forest Laws in Ethiopia at regional Level

96
Forest Development Conservation and Utilization Proclamation No-542/2007 preamble
97
ibid
98
id Article9(3)
99
Id Article 4(5)

21
 It is not only the federal government that has the power to enact laws for utilization and
conservation of land and other natural resources. States or regional government to administer
land and other natural resource can enact their own laws in not contrary to the federal laws 100.
Such laws were discussed hereunder as follows.

2.3.5 The forest law of the South Nations Nationalizes and Peoples Regional
state (SNNPRS) proclamation No 147/2012

This regional law was made after the enactment of proclamation No- 94/1994 and before
proclamation No-542/2007.101 This forestry law of the SNNP’s regional state has preamble
almost similar to that of the federal laws. However the regional states forestry proclamation is
not direct copy of federal law. There are certain differences. The definition of SNNPRs forestry
law introduced some additional terms to be defined in the southern forestry law. The terms
added include biodiversity concession agro-forest and Eco- tourism. Protected forest is a state
owned forest with which it is possible to produce forest products useful for industrial and
construction purposes102. This forest although owned by the regional government. Its main
purpose is generation of income. This different it from protected forest means reserved forest
land. A reserve forest area is an area of forest reserves for local genetic resource and biodiversity
conservation purpose. Another difference between this proclamation and federal forestry law is
that, the SNNPRs law has provisional in relation to economic advantages of forests 103. Such
concept is introduced in the regions law with the view to recognize that the local communities’
participation in managing and protecting forest resources would be unthinkable without the full
and genuine participation of local communities 104. Local communities will have a sense of
belongingness to the forest resource when they get some benefits from the forests. The last
difference between the southern regions proclamation and that of the federal government
proclamation is the penalty clause. The federal proclamation provides for the extent of
punishment but the regions proclamation refers to the criminal code for punishment purposes.

2.3.6 The forest law of Oromia regional state proclamation No. 72/1995

100
FDRE constitution cited above at note 86. Article 52(2)(d)
101
Mellesse cited above at note 61 p.139
102
ibid
103
Id p.140
104
The Southern Nation Nationalities and Peoples Regional State Forest proclamation No 147/2012 (preamble)

22
 The Oromia law recognized three types of forest ownerships these are state forests ownership,
private forest ownership and community forest ownership. Under this proclamation community
forest defined as the state forest where user right and management responsibility is transferred
to organizes local communities of the forest developed by organized communities on communal
land105. This proclamation has recognized in clear terms the user right and management
responsibility of local communities on the state forests which are designated for this purpose.
The proclamation of Oromia regional state forest law provides for the possibility of handing
over of some state owned forests to the local Communities 106. In other words, the Oromia forest
proclamation has the sense that there could be the possibilities in which forest resources be
better managed and developed by the local communities than the state.Pursuant to Article 11 of
this proclamation community owned forest cannot be utilized arbitrarily. It can only be utilized
with strict supervision of the rural land and natural resource administration authority of Oromia.
From this rule you can understand that, utilization of community forests is under supervision
and control of the authority. The purpose of such supervision and control is to ensure the
sustainable utilization of forest resources by the local communities. Unlike previously discussed
proclamations this proclamation also lists prohibited activities in a more extended manner 107 In
this prohibited activities the Oromia forestry proclamation unlike the federal and southern
regions proclamation does not make an exhaustive list of trees species which should not be cut.
Moreover, it prohibits agricultural activities which are made after clearing forest resource. It is
not even allowed to produce cash crops such as coffee and chat by cleaning forests. These forest
proclamation provides a certain penalty clause for the enforcement and implementation of this
forestry law108. Lastly when we compared Oromia regional state to the federal and the SNNP’s
forestry Law, the Oromia regional state passed a relatively stronger forest law.

105
Oromia Regional State Forest law Proclamation No 72/2003.Article 2(6).
106
Id article 6
107
Id articles 14
108
Id article 15

23
 CHAPTER THREE

Policy and legal framework on participatory forest Management in

Ethiopia.

Introduction

Participatory forest management as it stands today in Ethiopia is a management regime aimed at

achieving better and sustainable forest development through balancing conservation and
utilization by mobilizing or gaining, participating and transferring management responsibilities
to local communities living in and around forest areas where resources are linked directly. It is
therefore, characterized to critically involved those communities and giving them clear
responsibilities in forest protection and management aspects ensuring user rights of the available
resources.109Participatory forest management, joint forest management (JFM) and community

109
Messay and Tsegaye, cited above at note 1,p.4

24
based natural resources (CBNR) are different forms of partnership between the government
forest service and a community forest management group.110

JFM “is a collaborative management approach which divides forest management

responsibility and return between the forest owner (Usually central or local government) but
occasionally the private sectors and forest adjacent communities.” Community based forest
management take place in a forest on village land and managed by village council villager take
full ownership and management responsibility for an area of forest within their Jurisdiction. So
from this one may conclude that these all can be applicable as management option to all kinds of
natural resources forest lands by creating a space for community members to participate in forest
management and other natural resources located in their jurisdictions. So PFM is captured
worldwide as one option for sustainable management through active involvement of the
community.PFM has been take place in Ethiopia in the mid of since 1990’ almost in the absence
of regulatory forest protection efforts due to weakness of forest institutions, lack of enforcement
of the and lack of effective policy guide line.111

At regional level in 1995 the Oromia regional state government took land in working
with FARM- Africa to establish PFM at Chilimo forest site 112. Similarly, PFM was initiated in
late 1995 by German international Technical cooperation (GTz) in Adaba Dodola west Arsi
zone, Oromia region. Currently there are different PFM projects in different regional states
especially in Oromia regions and SNNPR state. Although there are no policy statements that
promote PFM in the regions but forest laws that support the promotion of PFM.The bureau of the
agriculture and rural development (BOARD) has drawn regulations for the success of PFM and
regional government developed guideline for the regions. 113 Already the 1995 forest
proclamation issued by the regional government of Oromia contained some statements that
encouraged PFM and support community forest management development and protection.
Notwithstanding of it is establishment, the objective of PFM is the empowerment of

110
http;//www.pfmp/farms,os org/Docs/pfm%20 Mulugeta Leminih and Meleku Bekele PFM Best practice,
Lessons, and challenges Encountered. The Ethiopia and Tanzania Experiences p,6.last visited on December 12,2018
111
FARM-Africa/sos Sahel Ethiopia. The key steps in establishing PFM.A field manual to guide practitioner in
Ethiopia.p.3
112
ibid
113
http;//www.pfm farms os.org/docs.Ensermu Kelbessa and Camille Destop.PFM biodiversity and livelihood in
Africa. proceeding of international conference.19-21 march 2007. Watching the trees growth. Last visited on
December 18, 2018.

25
communities by introducing conformity between the forest community and community need of
forest products.114

Practical experiences, and lessons learnt from the past pilot PFM initiatives in Ethiopia,
have proven that the communities in and around forested areas can be part of solution for
reducing deforestation and regeneration of forest resources. These practical experiences gained
with in Ethiopia and elsewhere, have repeatedly shown that the participation of the locl
communities in the negotiation and drafting of forest management conservation and use plans
strongly contributes to create community ownership of the program and ensure community
involvement at all stages of forest resource management through PFM approach, which is
believed to be the crucial element for sustainable forest management. 115 The scaling-up PFM
project is therefore, developed with the overall objective to improve forest condition and forest
based livelihood options through in chanced capacity of both government institutions at all levels
and the beneficiary communities to effective and effectively scale-up best management Practices
in the area of PFM and non-timber forest product (NTFP) development. 116 In this respect the
Ministry of Agriculture (MOA) must play the leading and coordination role of PFM
harmonization process in Ethiopia. This harmonized PFM guidelines is therefore an important
output of coordinated efforts of all key PFM actors and the scaling-up PFM project in Ethiopia
was financially supported by European union (EU)117.

Promoting PFM Should be considered as a process, a cycle of working in partnership for

planning, implementation, monitoring and learning to continuously improve the practice of forest
management and provision of services shows PFM approach is aimed to consolidate the different
approaches of PFM bring introduced in the country and come up with more simplified approach
that could easily be taken by the key PFM actors and scale-up or increase, in their working areas
in order to be consistent and maintain synergy between different initiatives. There are different
guiding principles of PFM.118 Some of those principles are provided as follows. Community as a
forest manager, securing current and future rights of participating communities as decision
maker’s not only just protectors of the forest and establishing and legalizing representative and

114
Cited above at note 104
115
Guide line for Participatory forest management in Ethiopia MoA(2012) P.3
116
Ibid
117
Id p.4
118
Id p.6

26
accountability of community based educations for the communities in order to give the
awareness of the local people about the PFM.

3.1 Participatory forest management under Ethiopian legal regime.

In this section the researcher discussed with the federal and regional laws and analysis, if these
laws have put equal consideration of need for promotion of the PFM implementation in forest
governance or the management in our country.

3.1.1 National legal frame work on PFM

It is known more than two decades since PFM started in Ethiopia. Although PFM
established in Ethiopia in the absence of legal framework, today after its establishment there are
different legal framework under federal laws and regional laws and policies that provides
reasonable legal basis for the implementation of PFM under national level in Ethiopia.

3.1.1.1. Constitutional Principles. The FDRE Constitution explicitly creates legal base or
incorporates the provision which opens the room for community in order to manage natural
resource. According to article 40(3) of the constitution the right to ownership of land and land
based resources are exclusively vested in the state and the people 119. This shows that natural
resources of the country are jointly owned by the state and the people. Ethiopia is following a
federal form of government system, this power of administering communal property vested in
the federal government is further divided between the federal government and regional states.
The federal government has the power to enact laws concerning the modalities of utilization of
the resources as well as conservation of land and other natural resources.120

Again pursuant to article 43(2) of FDRE Constitution “nationals have the right to
participate in national development and particularly to consult with respect to policy and project
affecting their community121.” This right essentially includes the right to develop community
forest and the right of communities to at least be consulted and give approval before any forestry
related projects implemented. In addition an obligation is placed on the government entity to
respect the right of the people in getting full consultation to implement any environmental
project. Article 92(3) of FDRE constitution provides that: People have the right to full
119
FDERE constitution cited above at note 86 article 40(3).
120
id article 51(5)
121
Id. article 43(2)

27
consultation and to the expression of views in planning and implementation of environmental
policies and projects that affect them directly 122. Taking reference to the above discussed
provision of the constitution we can understand the three most important point.The first one is
clear that Ethiopian people at any level recognized as joint owners, together with the state of
forests and other natural resources,the second they have the right to be consulted and participate
in during the planning of forest related projects and the third they can involve in the
implementation of forest development and utilization projects. There is thus sufficient enabling
ground at the constitutional level to implement PFM in Ethiopia. But this constitutional
provisions demands broader attention of governments to implement it in to practice. It requires
detailed rules and guidelines to see enforce these principles implemented on the ground at the
local community level. Although there is lack of explicit “forest policy” provisions that enshrine
or shape community rights in forest management community groups and government forestary
service negotiated, defined and guaranteed amongst themselves management functions
entitlements and responsibilities for those forest areas, under PFM guided by overall policy
provisions.123These rights so far achieved are based on the provisions of federal and regional
policies and proclamations. Some of the provisions under the forest and forest related laws are
discussed below.

3.1.1.2 Forest Development conservation and utilization proclamation

No 542/2007.

The preamble of the Forest Development Conservation and Utilization Proclamation states
that the sustainable utilization of the country’s forest resources is possible through ensuring
the participation of and benefit sharing by the adjacent communities. 124 Forest development
conservation and utilization plans shall be formulated to allow the participation of local
communities in development and conservation and also in the sharing modalities are
pressumed under this law.125 As far as benefit sharing is concerned, the proclamation state
that the local community may reap grasses, collect fallen woods and utilize herbs from a state
forest in community with the management plan developed for the forest, which actually

122
Id article 92(3)
123
Forest management Agreement (FMA)between government and community of PFM area
124
Cited above at note 96 ,Preamble of the proclamation No-542/2007 paragraph 2
125
Id article 9(3)

28
 appears to be more about recognizing traditional use rights. 126under article 18 of forest
proclamation discussing on powers and duties of regional states stipulated under sub- article
(3) states that regional governments shall encourage forest development programs, which
encourages the participation of farmers and semi- pastoralists and provide technical support.

According to article 3 of this proclamation there shall be two types of forest ownership.
These are private ownership and state forest. Therefore this proclamation doesn’t recognize
community ownership of forest expressly. However, we may say the issue of community
ownership of forest may indirectly incorporate in state forest. Because state forest is under the
ownership of federal government and regional governments. The forest development projection
and utilization regulation is a significant step forward in providing specific legal provisions for
guiding forest management practice. The regulation defines also the role and responsibilities of
the forestary institution and community in forest management and more over gives provisions on
the establishment and restoration of forest development associations. 127 It is clear that the forest
regulation is used to provide implementation modality for forest proclamation and further clarity
gaps observed in implementation of forest management. Therefore from this proclamation and
regulation we may conclude that there is a significant move towards community participation
which emphasis on the need for community participation in the planning implementation and
benefit sharing of forest management that means participatory forest management.

3.1.1.3 Convention on Biological Diversity (CBD).

On the sphere of international agreements, the CBO takes a primary place when it comes to
ensuring participation of local communities. 128 The provisions that are relevant to PFM include
article 8(J) article 11 and article 15. Article 8(J) provides for recognition and promotion of
indigenous knowledge and practices of local and indigenous communities 129.Under article 11 of
the CBD provides for incentives measures for sustainable use and conservation of biodiversity.In
the same convention article 15 provides that for regulating access to genetic resources including
arrangements to ensure equitable benefit sharing on agreed terms 130. Ethiopia has ratified the
CBD in 1992. As all international instruments that Ethiopia has ratified are considered to be part
126
Id article 10(3)
127
Cited above at note 122,
128
Convention on Biological Diversity International Instrument ratified by Ethiopia in 1992.
129
ibid
130
ibid

29
and parcel of the body of the constitution per article 9(4) the CBD has an important place in
laying foundational basis of PFM in Ethiopia131.

3.1.2 Regional Legal Frame works on PFM.

3.1.2.1 Oromia Regional state Forest proclamation No-72/1995.

This law issued in 1995 attempts to explicitly recognize community participation in the
conservation of resource. The proclamation starts by asserting what community forest means and
defines as follows;.Community forest; means the forest that users right and management
responsibility is transferred to organized community or developed by organized community on
communal land.132 The relevant provisions of this law regarding PFM are articles 4(3) and (6),
9(5), 11(1) and 12(1). According to article 4(3) of this proclamation of the development and
protection of forest in Oromia region the authority shall strengthens community participation on
forest development and protection. Under the same article sub article 6 state that the authority
sign agreement with non- governmental organizations, private company, individuals, appropriate
body and conclude bi-lateral agreement to strengthen forest protection, development and
management. This provision directly support PFM implementation, other legal basis for PFM
implementation under this proclamation is article 9(5) which provide the traditional users right of
local people to use the state forest resource and article 11(1) also provide about the utilization of
community forest shall be in accordance with the agreement by community. Lastly Article 12(1)
on utilization of protected forest the authority may permit the utilization of identified forest
products, to the local community from the protected forest.

3.1.2.2 Revised Rural Land Administration and Use Determination

Proclamation No-133/2006.

According to rural Land administration proclamation the task of administering land would
be carried out based on public participation133. According to article 2(5) and article 2 (8) land
administration essentially includes the enforcement of rights and obligations of communal
holdings used by the local people in common for forestary peoples. The specific purpose of this

131
FDRE constitution cited above at note 85 ,article 9(4)
132
Cited above at note 105,article 2
133
Art 2 of regional land administration Proclamation No 133/2006

30
law is to determine holding rights and security of rural land holding. It mentions that
participation of the people is an important element of the process. The law however, does not
describe how this enforcement of rights is carried out. It does not also guide one as to how public
participation is under taken with respect to rural land administration. Accordingly we may
understand from this law as it gives the place for public participation in rural land administration
which essentially includes the rights and obligations in communal holdings of local people in
common for forestary Purposes. But it lacks the enforcement mechanism of the rights. In this
regard the government must pay the attention to show the practice on ground in order to achieve
effectiveness of the objectives of PFM in the Ethiopia.

3.1.2.3 The Southern Nations Nationalities and Peoples Regional State Forest
Development Conservation and Utilization Proclamation No-147/2012

This region prepared its own law on forest development, conservation and utilization of
forest134. This law has incorporated basic elements that encouraged PFM implementation in the
region and then discussed at more depth. The preamble of this law affirms that through
meaningful participation of communities and assurance of benefit sharing from these resources,
forest resources can be sustainably utilized in Ethiopia. The law has recognized community
ownership of forest with in the broader sence of ownership. This articulated within the definition
given to community forest135. The law has also opened up an opportunity forest to involve
community participation in development and conservation of the resources. The regional
administration is required under the law to prepare a forest management plan in order to ensure
each type of participation in state forest management. 136 This is quite a good and relatively
presented approach and care should be taken when the intended subsidiary legislation has been
drafted. It needs to define details of intended benefit sharing mechanism, who can participate in
this type of development and conservation, what the modalities of participation are, what the
specific benefits the individual participants may get from it.

Therefore, the SNNPRs forest proclamation is quite progressive in the elements included
in it in order to solve the problems occasioned for implementation of PFM in Ethiopia. Again it
is open a room for community participation with in protected forest. Under the definitional part,
134
SNNPRS Proclamation Cited above at note 104,preamble
135
id 2(16)
136
Id art 9(4)

31
it recognizes the fact that the good relationship between the people and the forest resources
should at all times be maintained. There is a responsibility placed on the regional administration
to support communities through appropriate training. 137 An important provision recognizing
benefits is compensation for the community stewardship (protection fee) of forest. Communities
living in and around natural forests should be given special rewards and incentives for the effort
they exerted in maintaining the resources this for and for its future up keep 138. This provision is
an important step toward implementation of PFM in natural forest areas of the region. Under part
four and part five of this proclamation there is provided provisions to facilitate community
participation or participatory forest management. 139 The proclamation further clarifies
community participation, right and responsibilities on forest resource management. This law is
quite progressive in the elements included it in order to solve the problems occasioned for the
implementation of PFM in Ethiopia .Because it provides stronger penalties on offensiveness
either imprisonment or fines. It also provides the application of summary procedure on offenders
flagrantly caught and also argues to establishment of special courts for handling cases related to
the misuse of forest resources.140

In generally, there are several policy backgrounds that enable the implementation of
PFM in Ethiopia. This background is in away supported by the federal and regional legal
framework. It is a constitutional principle that the law related to natural resource administration
is adopted by the government.The regional states are expected to administer the resources based
on federal set standard.When it comes to PFM concerns however the regional laws are explicit
and better in approach that the federal forest specific law.

3.1.3. Major policies and Directives that can support the promotion of
PFM in Ethiopia.

3.1.3.1 The Environmental policy of Ethiopia- it covers many issues related to

environmental protection, livelihood, and the right of people to live in healthy environment,
recognized, more specially the complementary role of communities, the private sector and the
state in the development of forest resources encourages their participation in designing and
137
Id article 8
138
Id article 8(4)
139
Id article 15
140
Id article 19

32
implementing forestary development programme, deals with the need to balance harvesting of
forest products with the natural regeneration capacity of forest resource. 141It also promotes
Agricultural programs that can reduce the pressure on the forest areas and valuable ecosystem. It
places a high significant to forest development as it puts separate attention to forest, woodland
and tree resource as one sectorial programmer areas. Community participation and environment
seeks to ensure that all phases of environmental and resource development and management
from project conception to planning and implementation, as well as monitoring and evaluation
are undertaken based on the decisions of resource users and managers142.

Environmental sustainability is recognized in the constitution and in the national economic

policy and strategy as a key prerequisite for lasting success of the participatory forest
management in the Ethiopia143. However, there is as yet no overall comprehensive formulation of
the cross-sectorial and sectorial issues in to a policy framework on natural resources and
environment to harmonize these broad directions and guide the sustainable natural resources and
environment. Therefore, given the current stage of the countries political and policy
development, the time is opportune for developing a comprehensive environmental policy on
natural resources and the environment144. So in order to overcome the problem of the PFM in our
country the government must pay the attention on protection of the natural resources by
participating the local community.

3.1.3.2 Ethiopian forest policy and strategy. The Ethiopian policy and strategy on
development conservation and use of forests adopted in 2006. 145 Under its introductory part
states that the strategy is developed to bring sustainable development through community
participation. The policy strategies pursued include a systematic control of forest resources from
possible threats of theft and misuse146. The strategy devised to overcome this problem through
community participation by way of priority state forests, planting trees species that has the
natural propensity for resilience, sustaining participation through availing trainings and

141
Mellesse cited above note 61,p.253
142
http;//www.theredddesk,org/sites/…../environmental-policy-of Ethiopia 1 pfm last visited on December
15,2018
143
ibid
144
ibid
145
Mellesse cited above at note 61 p.11
146
ibid

33
institutional support in fact the strategy does not recognize community ownership rights of the
forest.

3.1.3.3 Biodiversity policy- Generally it ensures that the country’s generic resources and
essential ecosystems are preserved, developed and used in a sustainable way encourages
integration of biodiversity conservation concerns in sectorial and cross- sectorial programs,
encourage public participation in biodiversity conservation, development and utilization ensures
that communities get their share of the benefits accrued from utilization of genetic resources and
their traditional knowledge147. From this we conclude that as long as forest is one of genetic
resource and hence the aim of this policy is to ensure and encourage integration of biodiversity
and public participation in the development, utilization and conservation of biodiversity it
impliedly create a forest management. In order to achieve this it is vital importance in the socio-
economic well-being of the Ethiopian people, the conservation proper management and use of
biodiversity need to be supported by policy, legislation and national capacity building. 148

3.1.3.4. Growth and Transformation plan (GTP). This document describes Ethiopian’s
growth and transformation plan (GTP), a medium term strategic frame work for the five year
period.149In this document Ethiopia has one of the lowest per capita rates of consumption of
fossil fuel in the world. It is contribution to climate change is therefore, negligible. Although
compared with the rest of world Ethiopians contribution to atmospheric pollution that cases
climate changes has been negligible its impact going to increase with the growth of
industrialization.Therefore, Ethiopia should do all it can to avoid emission of atmospheric
pollutants and pursue a clean path of development. Ethiopia has resources and environmental
conservation practices that do not entail climate change and that could also mitigation of climate
change that is being introduced by industrialized countries has been increasing.150

Ethiopia stand to avoid emission of atmospheric pollutants and pursue a clean path of
development through resource and environmental conservation practice in this GTP, it is key
easy to incorporate the issue of PFM approach hence PFM is also one part of resource and
environmental conservation practices. In general Ethiopian has socio economic development
147
http;//www.et.chm-cbd.net/convention/biodiversity-policy-Ethiopia.last visited on December 15,2018
148
ibid
149
Ethiopian Gross and Transformation plan in (2014/15–2018/19),p.78
150
http;//www.forest carbon partnership org/../ Reddiness preparation proposal assessment note. Last visited on
December 16,2018 p.7

34
sector that have potential to mitigate climate change. For this successfulness PFM plays a great
role and on the other hand the deforested land is in the last 20 years especially in northern
Ethiopia has been reforested151.

3.1.3.5 Climate Resilient Green Economy (CRGE)

Ethiopian’s ambition to plan for “green growth” or “green economy” are elaborating in the
climate resilient green economy strategy which is encored in the Gross and Transformation
plan152.This CRGE Seeks to put Ethiopia on the path of environmentally sustainable economic
development while off setting the potential impact of ambitious growth plans by 2030 in term of
Green House Gas (GHG) emissions. The CRGE vision document identifies the following
necessary steps for achieving a climate resilient green economy.153

- The development of CRGE Strategy

- The development of CRGE environment plan,
- The establishment of CRGE facility to supports CRGE Strategy and environment plan
implementation. So in order to successfully achieve the above identified steps in CRGE,
PFM contribute its own essential share and in should have been incorporated in this
strategy. Because the issue of forest management, protection and conservation is
interrelated and interdependent with CRGE strategy. Since the country’s ambition to
build green economy is unthinkable without participatory forest management approach
encouragement.

3.1.3.6 The Rio Declaration on environment and Development- the Rio declaration on
environment and development adopted by 178 member states in 1992 at the earth summit was at
the time perceived as a progressive statement by all nations that enshrined the recognition of this
declaration established sustainable development rnational legal framework. 154 This declarations
have the following principles.The principle to provide poverty eradication (principle5), the
importance of the environment for current and future generations and its equal footing with
development (principle 3 and 4), lastly it also enshrine critical economic principle of polluter
151
ibid
152
http;//www.undp.org/content/dam/Ethiopia/docs/Ethiopia%20 CRGE.pdf
153
Ibid
154
http;//www.UN. Csd 2012.org /United Nation Development of Economic and Social Affairs Division for
Sustainable development. Visited last on December 16,2018

35
pay (principle 16). It also requested member’s states to put in a place adequate legislative
instruments to address environmental issue. So from the principles of this declaration we may
understand that the issue of environmental protection and poverty eradiation is unthinkable
without protection and conservation of natural resources, especially forest. Hence PFM approach
plays a great role for the protection and conservation of forest, this contribute a vital role for
successfulness of the achievement of environmental protection and poverty eradication 155.
Therefore, lastly researcher may conclude that for the successful achievement of its purpose and
objective this Rio declaration principles implies incorporated PFM approach in its principles.

3.1.4 Challenges or Limitation which encountered for implementation and

Achievements of the objectives of the PFM in Ethiopia.

The major objectives of the PFM is in order to achieve sustainable forest management
though development of partnership between government and forest dependent local communities
by introducing participatory forest management scheme in the country 156. Even though the
Ethiopian government recognized the participatory forest management approach in order to
control the forest resource. The forest resources degradation continues to be major challenges to
the environment and economic development in Ethiopia157. Forest are experiencing high rate of
the deforestation due to the growing need of the fuel wood, agricultural land and overgrazing by
livestock coupling the improper forest and land tenure policies and week enforcement of the
law, are believed to the causes of the degradation of the forest 158. Above all are problems and the
others are a number of challenges in the process of implementing PFM and affect the
achievement of its objectives in the country. The other challenges that may be grouped as
external challenges which affects the effectiveness of the sector is 159. The Week collaboration,
sluggish or work procedures, long chains of bureaucracy, and sometimes even resistances for
PFM by the government staff, particularly the beginning.Fear and shying away of locals from
collaboration with the outsider due to past bad experiences with government. Lack of
commitment in institutionalization of PFM in the government system,lack of capacity in

155
ibid
156
Mulugeta lemineh and Melaku Bekele participatory forest management best practices, lesson learned and
challenges encountered the Ethiopian and Tanzanian experiences.
157
ibid
158
ibid
159
id p.46

36
government offices for planning and implementing PFM, and week law enforcement.lack of
legal clarifications regarding the legal status of local institutes (forest management institutes
(FMI’s) vs. forest cooperatives (FCOOP.s).And the high illiteracy rate among the locals delayed
the process of participatory forest management in the Ethiopia.

3.1.4.5. Solution for participatory forest management problem in Ethiopia.

The researcher know above identify challenges which affects the effectiveness of the PFM
approach in our country and then find the solution to such problems how to tackle or
overcome the challenges and expand opportunities for PFM as one means to promote
sustainable forest management (SFM) in Ethiopia. To this effect, the experiences of the PFM
need to be grounded and consolidated and the government should be ready to scale up and
out PFM in other forested areas of the country. It is therefore, important to institutionalize
PFM in the government structures and thus as an integral part of the duties of concerned
staff, enforcement of the law and the policy properly as their aim and purpose to ensure the
PFMs objectives effectively. Capacity building of the partners, to achieve sustainable forest
management through local community management system the capacity of the communities
and their institutions must be strengthened by giving effective training. The capacity needed
is not only technical (about forest management) but also organizational and managerial
capacity for negotiation, conflict resolution and resource administration must be built.
Mobilizing the local communities in order to participate in plantation and reforestation or
rehabilitation of degraded lands, forest protection and utilization monitoring of the forest and
evaluation of the forest management activities between themselves.Through this process the
government give the recognition to the communities participation at the management
activities of the forest in Ethiopia

The another mechanism which the government give the recognition to communities
forest management is by giving the training in order to ensure awareness for the
community about participatory forest management interest and its uses.The past top-
down forest management system has made local communities to be fearful and to dislike
discussions about with outsiders on forest related issues. Commitment of the PFM staff,
must respect locals and their traditions living among them and creation of friendly
working environment coupled with multiple strategies of awareness creation are critical

37
 in building trust and winning communities’ interest for PFM 160.The government must
encourage local community participation by giving the incentives for PFM introduction
from the government and the community sides often have different emphasize on one
hand and livelihoods and utilization on the other. This can have implications for social
and ecological sustainability of the projects and compromise its success.

160
ibid

38
 Chapter Four
4 Conclution and Recommendation

4.1 conclution

The researcher concludes the following on the bases of finding of the research. Participator
forest management is a system in which communities (forest users and managers) and
governments (forest department) work together to define rights of forest resource use identify
and develop forest management responsibilities and agreement on how forest benefit will be
shared.PFM as it stands today in Ethiopia, is a management regime aimed at achieving better and
sustainable forest development through balancing conservation and utilization by mobilizing,
organizing participating and transferring management responsibilities to local communities
living in and around forest areas where resources are link directly. After the establishment of
PFM in Ethiopia through certain stages currently there are different PFM project in different
regions of Ethiopia, especially in Oromia and SNNPR regional states.There are different
approaches of PFM that had been are any engaged in the implementation of PFM in different
part of the country with different objectives and principles. Many, environmental legislation was
promulgated in the past of different regime in Ethiopia. Among those legislations forest laws are
one of the fundamental laws that interdependently related with the likelihood of all living and
non-living things. Under this term paper chronologically Ethiopia forest laws of before the 1974
revolution between 1974 and present forest laws including federal forest laws and regional forest
laws have discussed in detail.In this law there is a room for the implementation of PFM in
Ethiopia.Government and different NGOs are playing a great law in implementation of PFM in
Ethiopia. For instance, there are policies and different legal basis for PFM implementation under
the federal and regional laws. As it clearly understood and reality exist most of PFM project in
Ethiopia was initiated and established by different NGOs. Even at this time there is the process
of scaling–up PFM project by cooperation between different NGOS that developed with the
overall objectives to improve forest condition and forest based livelihood options through
enhanced capacity of both government institutions at all levels.

39
 “It is possible to fail in many ways while to succeed is possible only in one way” From
this one may understand always before the success of everything there is a challenge. There are a
number of challenges in the process of implementing PFM in Ethiopia. In general, there are a
number of legal provisions for implementation of PFM in Ethiopia both at federal and regional
forest laws and policies but the problem is enforcement of the law and policies. Lastly the policy
and legal frame work in Ethiopia provides reasonable legal basis for the implementation of PFM.
The overall policy and legal basis provisions deeply acknowledge the need for public
participation. In this regard, particularly the constitution of FDRE recognizes that the people
have the right to directly participate at the local level development initiative as the exercise of the
sovereign power of the people.There are also forest policies and proclamations at the federal
level and in some regional states (Orimia and SNNPRS) that provide the legal basis for PFM
implementation in our country.

4.2 Recommendation

After the all conclusion, on each points of this term paper, researcher would like to recommend
the following points on bases of the findings of the study.

1. The legal frame work. Ethiopia has several policy provisions that calls for people
participation and support PFM, but no proclamations, directives or subsidiary laws to
help put them in to practice. So this gap should be fulfilled by concerned organ of the
government.
2. Institutional frame work- a strong institutional frame work is needed to included PFM in
the action plans of federal and regional government as well as up to local community
level. For the PFM approach the government shoud give political and popular support to
the sustainable use of the natural, man-made and cultural resources and environmental
management for effectiveness at the federal, regional, zonal, woreda and kebele or
community level of the objectives of the PFM.
3. There should be some kind of short- term appropriate incentives approved by rule and
regulation in order to put national populations and policy in to practice and it should be
given attention both the project and government.

40
4. There should be strong effort by PFM project enforcing realization of forest policy, rule,
and regulation that protect the forest from damage and environmental consideration
should be taken in to consideration before implementation of PFM.
5. Effort must be exerted to awaken the whole community about the economic and
ecological benefit of forest. Also creating public awareness about economic and
ecological benefit of forest resource is necessary. This can change the existing attitude of
non- participatory forest management community towards this approach.
6. There should be legal framework at national and regional level separately by the policy
which supports the participatory forest management.
7. Information is essential in the process of change therefore, use technologies and all types
of media to disseminate information and create awareness about people’s rights, thereby
creating increased demand for change and for participatory forest management should be
encouraged.
8 Collaboration and communication. There are several short coming with regard to
practical implementation of PFM in different part of Ethiopia. To tackle this, the process
of scaling up PFM project by collaboration and communicational relationship between
different NGO’S should be encouraged and financially supported with others necessary
incentives and integrate the issue of gender and youth participation in PFM when
developing the legal framework should be taken in to account or consideration.
9 At the administrative level, difficulties may encountered include financial limitation for
carrying out activities as well as achieve its objectives of the PFM.In order to avoid such
problems the government should done closely with different national and international
funding and donor organizations. In other cases the financial problem are deal with by
local community members, participation in development activities and sharing the costs.

41
 Bibliography

I Books

1. FARM. Africa/ SOS Sahel Ethiopia. The key steps in Ethiopia participatory forest
management. A field manual to guide Practioners in Ethiopia.
2. Guideline for implementation of participatory forest management in Ethiopia. (2010)
3. Guideline for Implementation of WAJIB Approach in Ethiopia (Based on Experience of
the integrated forest Management project (IFMP), Adaba- Dodola Oromia Region.
Ethiopia (2nded, 2005).
4. Mellese Damtie, Environmental law teaching Material (2010).
5. WaBuB Field Manual-guide line for Establishment of waBuB participatory forest
management unit,

II, LAWS

1. The constitution of the Empire of Ethiopia, (1931)

2. The revised constitution of the Empire of Ethiopia, (1955)
3. The constitution of the people's Democratic Republic of Ethiopia, (PDRE, 1987)
4. The constitution of the Federal Democratic Republic of Ethiopia, proclamation No
1/1995. Negarit Gazeta. 1st Year No.1.

5. The conservation and Development of forest and wild life resources proclamation No-
192/1980
6. The forest conservation development and utilization proclamation N0-94/1994.
7. The forest development, conservation and utilization proclamation No-542/2007.
8. The forest law of Oromia regional state proclamation No. 72/1995
9. Private forest conservation proclamation No. 226/1965
10. Protective forest proclamation No-227/1965
11. The forest law of SNNPRs proclamation 133/2012

42
12. State forest proclamation No-225/1965.

III Convention
1. Convention on Biological Diversity that ratified in 1992 by Ethiopia.
2. Rio-Declaration on environment and development
IV Policies
1. Ethiopian forest policy and strategy.
2. The Environmental policy of Ethiopia 1997.
V, Websites
1. http:// www. Farm.’s org/551fm/.pfmp
2. http://www.pfmp/farms org/Doc’s/pfm% 20 lessons
3. http://www.pfmp/farms org Doc’s watching the trees growth.
4. http:// www. New world Moleg.90 kr/fl/down load/…..gvo 14 w 6xkuwbwox 3L2.
5. http;//www.et.chm-cbd.net/convention/biodiversity-policy Ehiopia-
6. http;//www.reddplus Ethiopia.word.press.com(legal framework)
7. http;//ww.w.researcg gate.net publication/232692662 pfm Bonga case study
8. http;//pfmfarms.org/site/ Advocacy policy/ No 31211.p5
9. http;//www.farm Africa /sos/Sahel/Ethiopia
10. http;//www.fao.org./3/a-ag 4076.pdf fao.sub regional office for Eastern Africa
11. http;//www.there dddesk.org/site/environmental-policy-in Ethiopia 1pfm

43