NASC Discussion Series 27. Deepening Deliberative Governance: Practices in Nepal

Transcription

1 NASC Discussion Series 27 Rethinking Public Administration for Deepening Deliberative Governance: Insights from Forest Governance Practices in Nepal Dr. Hemant Ojha

2 Public administration and deliberative governance: Insights from Nepal s forest governance School of Social Sciences Hemant R Ojha, PhD School of Social Sciences, Faculty of Arts and Social Sciences

3 Concept: Habermasian View Communicative Power (citizens) Administrative Power Deliberative Governance

4 The power of deliberation

5 Three Questions 1. To what extent Nepal s forest sector public administration (PA) is changing when forest governance is tki taking a deliberative / participatory turn? 2. What are the key areas of contentions between the administration and the community and how do these implicate deliberative governance? 3. What sort of research and policy rethinking is necessary for improved public administration for democratic forest governance?

6 Stories from Practice

7 Story 1: Public Administrators as authentic advisor to communities When Dhankuta DFO challenged us if we had made any provisions to support the livelihoods of the poor and women in our group, we then realised that we had to do something. After that we decided to provide housing services to the poor Chairperson of a CFUG in Nawalparasi District

8 Story 2: Public Administration going too prescriptive and undermining community freedom In the name of community forestry, the government has made us gothala. We are told to protect and develop the forest, but when it comes to utilisation, ban hakims (forest officials) become the true malik (owners) of the community forests. They dictate everything when to harvest, what to harvest, how to harvest. A forest user group leader Lalitpur Chairperson of a CFUG in Nawalparasi District

9 Story 3: Public administration and discretionary use of power against tthe legislative l will In community forestry, the by laws undermines law, directives undermines by laws, guidelines undermines directives, circular undermines guidelines, oral order undermines written circulars Former Chair of Federation of Community Forestry Users, Nepal

10 Story 4: Public administration at internal contradiction ct o You cut the old growth trees in the community forest, and if the district forest office does not support, just let me know and I will fix the issue. Former Director Generalof Forest addressing a forest user group Former Director General of Forest, addressing a forest user group assembly in Kavre district

11 Six Core Messages 1. Forest governance has undergone profound change in Nepal 2. A key part of the change is about how forest sector public officials and communities interacton mattersof forest governance 3. The direction of change is generally towards deepening democratic deliberation (from policy to technical service provider) 4. The change process is not linear but involves action, contestations, social learning, capacity building, institutional restructuring, and political changes 5. Changes are not yet fully institutionalized, and emerging nexus with local elites is likely to undermine gains 6. Public administration reform has not become the agenda in democratic forest governance

12 International Organizations The Field of Forest Governance n Nepal National NGOs, Research organizations, networks etc Political Society Political parties, leaders, 2. Increasing interaction between civil parliament, council of ministers society & public administration Knowledge Bureaucracy/Public Power Administration International Governance Civil Society Citizens with Political Sovereignty Donors

13 3. Direction of Change: Deepening state community interface in forest governance Techno-bureaucratic power CFM BZ LHF ICD WM CF CF ICD LHF CF M WM ZB Civic Power CF = Community Forestry, CFM = Collaborative Forest Management, BZ = Buffer Zone, WM = Watershed Management, ICD = Integrated Conservation and Development, LHF = Leasehold Forestry Source: Ojha et al (2008). Communities, Forests and Governance: Policies and Institutional Innovations from Nepal

14 4. The change process is not linear and involves action, contestations, social learning, capacity building, institutional restructuring, and political changes Legal Provisions CFUGs are perpetually selfgoverned, autonomous entities which h can use and manage forests according to the approved forest management plans Forest tat1993 Act Actual practice We have to take permits and permissions. We have to pay for the officials i visit iitto forest tfor checking A local community forestry leader.

15 5. Changes are not yet fully institutionalized, and nexus with local elites is likely to undermine gains Capacity Specialization social, public relations Performance, Incentives

16 6. Public administration reform has not become the agenda in democratic forest governance Governance agenda driven more by international discourse than by national need Forest sector reform in the new federal governance transition?

17 Conclusions / Implications Public administration in forest governance contested, but also responding to demands for deliberative governance Limited analytical work from public administration lens: Need for research and engagement Need for cross sectoral sharing and stimulation including disaster recovery works

18 Which way forward? Review judicial role Service from outside Focus on monitoring Autonom ous research agency Transfo rming PA Deliberative platforms Local democracy Federal structure Research informed deliberation

19 Thank you. Comments and questions Thank you. Comments and questions welcome!