Accomplished Activities for July 2013

Accomplished Activities for July 2013

In accordance to the Terms of Reference of the National Facilitator Forest and Farm Facility of The Gambia below mentioned activities were successfully accomplished during the period of July 2013.

Activities Conducted:

1.  Training of core group representatives composed of personnel from key institutions having stake in the Community Forestry (CF) Designation Process;

2.  Radio program to raise the awareness of the population on the ANR Policy including panel discussion;

3.  Preparatory meeting with the ANR platform on the way forward for the joint field trekking with its selected members;

4.  Budgetary meeting with the core group to identify priority activities in the execution of CF Designation Process;

5.  Joint trekking with representatives of the ANR Platform on consultative meetings with regional stakeholders (Regional Governors and Regional Directors) and to further brief them on the objectives the ANR Policy;

6.  Radio programs at Regional Community radios to raise the awareness of the local communities on the ANR Policy and Forest and Farm Facility; and

7.  News paper publication on the report of the field trekking and the ANR Policy with three local newspapers

Training on Community Forestry Designation Process

The objective of the training is to equip the core group members from key institutions (Forestry Department, Ministry of Justice, Department of Lands and Survey, Gambia Printing and Publishing Cooperation, Gambia Radio and Television Service (GRTS), Natural Resources Consulting NACO, Green Tech. and Ministry of Forestry MoF under the Office of the President) on CF Designation Processes. Highlighting the different roles and responsibilities their institutions are expected perform, to create the enabling environment to support the Department of Forestry in facilitating speedy handing over of CF ownership to communities which have been pending since 2006, thereby contributing to the attainment of the Policy objectives of handing over 200,000 hectares to communities by 2019.

In view of the above, four day training on CF designation was held from the 3rd to 7th July 2013 at the Sanyang Nature Camp. The training brought together 15 participants to strengthen the ANR platform. The participants constituted of core group members having stake in the legal transfer process of community forest reserves to rural communities. See the training agenda in Annex 1.

Topics Treated

Recap of Stakeholder Meeting

These two meetings were held at the Fisheries conference hall and Wellingara Horticultural Model centre with the core group members and with the objectives stated below.

Ø  Simplification of CF designation processes for broader understanding of stakeholders,

Ø  Review and adoption of Terms of References for the Designation and Survey Section of the Department of Forestry,

Ø  Identification of DoF staff to be responsible of the section under the Participatory Forest Management Unit (PFMU) and

Ø  Review and adoption of memorandums of Understandings between key actors.

Community Forest pending Designations since 2006

There are one hundred and eight (108) Community Forest Areas stocked in the designation process since 2006 and the need for the core group to critically look into the issues as these communities have waited quite long for the conclusion of the Community Forest Management Agreements (CFMA). Some of the schedules were long since completed (Notice and Order) but still not implemented partly due to inadequate capacity at the Department of Forestry. Details of the pending schedules are shown below.

CF pending according to schedules

5th Schedule
19 CFs
1271.45 ha / 5th Notice / (Designation of Community Forests) Notice, 2005 / Published 16th of August 2005 / Ownership transfer in progress
in preparation
5th Order / (Designation of Community Forests) Order, 2006 / At GPPC for publication
6th Schedule
13 CFs with
543 ha / 6th Notice / (Designation of Community Forests) Notice (No.2), 2005 / Published 18th of November 2005
6th Order / (Designation of Community Forests) Order (No.2), 2006 / Sent on the 10th of March from DoF to DoS
7th schedule
18 CFs with
1230.8 ha / 7th Notice / (Designation of Community Forests) Notice (No.3), 2005 / Published on the 28th of December 2005
7th Order / (Designation of Community Forests) Order (No.3), 2006 / Due mid of April
8th schedule
31 CFs with 2236.39 ha / 8th Notice / (Designation of Community Forests) Notice, 2006 / Sent from DoF to DoS on the 1st of March 2006
8th Order / (Designation of Community Forests) Order (No.4), 2006 / 3.5 months after publication of Notice
9th schedule
27 CFs with about 2300 ha, meeting at least one precondition / 9th Notice / (Designation of Community Forests) Notice (No.2), 2006 / When final survey maps are signed and evaluation reports are turned in for at least 20 CFs / Data under preparation
9th Order / (Designation of Community Forests) Order (No.5), 2006 / 3.5 months after publication of Notice
Summary of CFs designation schedules according to Region
Schedule / WCR / LRR / CRR N/S / URR / NBR / Total
1 / 7 / 2 / 11 / 3 / 0 / 23
2 / 17 / 8 / 14 / 8 / 0 / 47
3 / 3 / 0 / 17 / 5 / 3 / 28
4 / 1 / 5 / 16 / 0 / 0 / 22
5 / 10 / 2 / 3 / 4 / 0 / 19
6 / 0 / 1 / 12 / 0 / 0 / 13
7 / 2 / 1 / 15 / 0 / 0 / 18
8 / 1 / 2 / 26 / 2 / 0 / 31
Total / 41 / 21 / 114 / 22 / 3 / 201

In view of the situation above concerning pending CF designation according to the various schedules, the core group members at the training recommended the following steps below to address the situation:

v  To cross check maps of schedule nine(9) and evaluation reports,

v  To facilitate the conclusion of schedule 5,6,7 and 8,

v  Engaged a consultant to assess computers at designation and survey section,

v  FFF to support in the payment of the consultant and

v  To explore through FAO TCP to review and update the expired 2010 National Forest Action Plan (NFAP).

Participatory Forest Management Concept

For effective participation of core group members in the Community Forestry Designation Process to be able to represent their various institutions and carry out their roles and responsibilities as expected. The core group members were taken through the basic background of the Gambian Forest, an overview of the forest sector, constraints, possible solutions and the community forestry concept). This was relevant as a good number of the participants assigned to the core group are conversant with the concept.

Comments and observations

v  The need for cabinet briefing on National Forest Assessment results (NFA),

v  Popularization of NFA results at all levels,

v  Simplification of NFA results for policy makers,

v  Engage DOA for constructive dialogue on the rate of forest clearing for agricultural and other land uses and

v  Update land use plans and land use maps.

Overview of Community Forest Designation and Procedures

Definitions

•  The Gazette is a governmental journal announcing legal matters as Notices and Orders. Notices and Orders are supplements to the Gazette.

•  Forest Notices and Forest Orders are subsidiary legislation enabled through the powers conferred to the Minister of Forestry. At the moment there is only one type of Forest Notice and Order:

–  Forest (Designation of Community Forests) Notice

–  Forest (Designation of Community Forests) Order

Legal Frame of the Notice

Forest Act (1998)

v  Section 66. (1)

The Secretary of State shall thereupon publish a Notice in the gazette specifying-

(a)  the land which is finally intended to be designated a Community Forest;

(b) Any special conditions affecting the proposed community forest;

(2) The Notice shall be made known to the concerned forest committee.

(3) Any person who is aggrieved with the contents of a Notice […], may within three months of the date of publication of the Notice appeal to the Supreme Court against that portion of the Notice which affects him or the community which he represents.

(4) The Supreme Court may make rules in respect of appeals and may, in the rules, prescribe fees to be paid in respect of such appeals.

Legal Frame of the Order

v  Section 60.(1)

After the time limit […] for appeal to the Supreme Court has elapsed or, if there has been an appeal, after the determination of the appeal and after the signing of a Community Forest Management Agreement, the Secretary of State may […] make an Order […].

(4) From the date of publication of the Order in the gazette such lands shall be a community forest.

(5) Every right in and over a community forest land, as defined in the Order and published in the Gazette, […] shall be extinguished.

Legal Frame of the Gazette

v  Laws of the Gambia (July 1990), Title II

•  Interpretation and Application, Chapter 4:

•  (d) subsidiary legislation shall be published in the Gazette and shall have force of law upon such publication thereof or from the date named therein;

Prerequisites

v  Positive Evaluation Report of the Preliminary Community Forest Management Agreement (PCFMA) Phase

v  Final survey conducted and map established

The master map remains with the Department of Lands and Survey, one copy is kept by the Forestry Department; later, one original shall be distributed to the CF committee and one copy to the respective area council.

Purpose of Forest Notice and Order

•  The publishing of Forest Notice and Order in the Gazette is part of the legalization procedure of the intended ownership transfer of forest land from the state (state forest) to the communities (community forest).

•  A time period of 3 months gives the public the opportunity to appeal against the Forest Notice or a part of it and therefore also the designation of a Community Forest.

•  Assumed there will be no appeal, the ownership transfer is executed upon the Government Order.

•  Forest Notice and Order are supplementary legislations to the respective Gazette.

Summary of Publishing Procedures of Forest Notice and Forest Order (Main Steps, involved Institutions and Persons)

•  The Director of Forestry (DoF) sends a letter of request to enable the publication of the Forest Notice in the Gazette with the respective schedule (including first and last page of gazette) as hardcopy and digital version to the office of the Permanent Secretary.

•  The office of the Permanent Secretary sends a letter of request together with the above mentioned attachments to the office of the Solicitor General for editing and layout of the schedule.

•  The office of the Solicitor General sends the edited schedule back via the office of the Permanent Secretary to the Minister for signature.

•  The Department of Forestry sends the signed schedule back via the office of the Permanent Secretary to the office of the Solicitor General for further processing.

•  The office of the Solicitor General forwards the signed schedule to the National Printing and Publishing Corporation for the printing of Notice/Order in the Gazette.

•  Printing takes place at the National Printing and Publishing Corporation. Five copies are made available for the Department of Forestry; further copies have to be ordered.

•  Distribution of Notice/Order and announcement through radio and newspaper by the Department of Forestry.

Overview of Land leasing (Reference to Agricultural Land by the Department of Lands and Survey)

Mode of acquisition of land for agricultural used

This has to be done in accordance to the land act of 1991 under the mandate of the Department of Lands and Survey and it consists of two broad categories involving two offices for processing applications. Lands are transferred either through local or registration process.

·  For Gambian, applications should be forwarded to the Department of Lands and Survey, whiles

·  Non Gambian should direct request to Gambia Investment and Export Promotion Agency (GIEPA) and

·  Two way of transferring land: local and registration

Requisition for land lease process

·  Official transfer: land used clearance

·  Sketch map

·  GRA capital gain tax

·  Receipt and clearance

·  Certification (Alkalo, Chief and Area Council)

·  Certificate of occupancy

processes

·  The document is send to Anthony General Chambers for legal language setting before it s send for printing

·  Request for payment of printing cost is made to department of finance

·  GPPC will then print the required document for publication.

Field visit to Besiaki Community Forest Tujereng

The group visited Tujereng to meet with the Besiaki Community Forest Committee (CFC) to conduct SWOT Analysis with the CFC, for partner institutions in the core group to have an overview on how CF is administered at local level and assess the level of forest management activities implemented by the CFC.

CF profile

·  Manage by Mori Kunda Kabilo

·  Area: 36.60hectares

·  Award PCFMA in July, 2002

·  PCFMA Evaluate in March, 2004

·  Final Survey in March, 2004

·  Award CFMA in December, 2004

·  Gazette in December, 2004.

STRENGTHS, WEAKNESSES, OPPORTUNITIES, AND THREATS (SWOTS ANALYSIS)

STRENGTH / WEAKNESS
·  Very active committee
·  Has easy access to customary land resulting to attainment of CFMA status
·  Good communication skills
·  Sensitive knowledge on the importance of ecology
·  Control over land use
·  Good planning skills
·  A bank account at VISACA
·  Presence of bio diversity
·  Presence of tiger limits the frequency of offenders in the forest
·  Domestic use of NTFPs
·  Knowledge and use of herbs and roots for local medicine
·  The appreciation of the presence of wildlife
·  Understanding of sustainability intheir own terms
·  Good educational level
·  Flexible committee
·  High level of responsibility
·  Communal cooperation / ·  Low women participation
·  No written management plan
·  Fear of patrolling because of the presence of a leopard in the forest
·  Limited capacity in patrolling
OPPORTUNITIES / THREATS
·  Develop a management plan
·  Good site for ecotourism
·  Sanctuary for species
·  Ideal site for beekeeping
·  Sustainable utilization of medicinal plants
·  Restocking of the ecosystem
·  Good potential for MA&D / ·  Limited support from the department of forestry (DoF)
·  Intruders from the surrounding villages cutting down trees
·  Potential future isolation
·  Limited access to water
·  Urbanization
·  Climate Change effects

ACTION PLAN