This Study aims at undertaking a comprehensive review of the REDD's legal and institutional framework in the Pugu and Kazimzumbwi Forest Reserves in Tanzania. A legal component will address legal and institutional related issues based on the findings and recommendations from a detailed legal and institutional study to examine issues surrounding governance structure in the management of Pugu and Kazimzumbwi forests. This component is being implemented by LEAT. This study was conducted at the beginning of the project. The study seeks to inform the project and enable an effective and detailed design and planning to ensure that all relevant legal and institutional related issues are adequately addressed during implementation.
These are findings from the Field:
On Legal and Policy Matters
The team noted that there is little knowledge on laws and policies that are used to regulate and manage the two forest reserves. The respondents interviewed were of the view that legislation and policies are good and have provisions which provide for effective management and regulation of PKFRs activities. They hinted that there is a pertinent problem of enforcing the laws and implementing the policies. Accordingly, this leads to illegal activities to continue being carried out with most perpetrators left to go scot free.
Based on the foregoing, some respondents suggested that trainings on the laws and policies that regulate forest reserves should be conducted. Further, it was suggested that friendly Swahili versions of the laws and policies be made available to the communities. The communities also suggested that fines charged for breaching forest law provisions need to be reviewed because most of the suspects usually paid fines imposed on them, only to commit similar offences later.
They observed that this situation has been encouraging illegal activities in the two forests reserves.
Institutions for PKFRs Management and Conservation
The inadequacy of forest officers, forest guards and poor governance at the district (Forest and
Beekeeping Division/TFS) and the Ministry of Natural Resources and Tourism level were listed as one of the main reasons for the deterioration state of PKFRs. Respondents from the villages and mitaa neighboring PKFRs pointed out that poor enforcement of the forest laws is the main driver of deforestation and forest degradation of the two forest reserves. Respondents specifically pointed out that Ministry has not made sufficient efforts to make the community members appreciate the value of the PKFRs.
Most of the respondents also noted that they do not see any problems with the model of institutional arrangement or the institutions which have the mandate to manage the PKFRs. They did not propose any changes because to them the institutional arrangement is good. They noted that the PKFRs are being managed by MNRT through FBD/TFS. At the district level, the district forest officers are involved in conservation and management work. However, they observed that there is very little involvement of environmental and natural resources committees from neighbouring villages in forest management in PKFRs. Some respondents from WAHIPUKA substantiated this fact by emphasizing that they have been taking part in some forest management activities.
Sustainable PKFRs Conservation
Most respondents mentioned several threats that hinder sustainable PKFRs conservation. The common threats listed included; fire outbreaks, charcoal making, agriculture, sand quarrying, tree cutting and erection of residential houses within the PKFRs.118 Some of the respondents were of the view that there should be a review of the fines charged those who breach forest law because they seem to be small to perpetrators. They also noted that cases take a relatively longer time to be determined and that this affects the evidence and in some cases it leads to setting free culprits because at the end of the day the evidence is either destroyed or considered inadequate to convict offenders.
Deforestation and Unsustainable Conservation
The team noted, with concern, that a substantial part of Kazimzumbwi forest reserve is now almost bare land due to different illegal activities which have been undertaken on the forest landscape. Small trees and the vegetation have increasingly disappeared. Pugu forest reserve's status is, however, encouraging despite the few illegal activities being carried on in the forest. Through observation and respondents responses, the team identified several reasons for PKFRs deforestation and forest degradation. These include: poverty, existence of inadequate alternative income generating activities, poor governance of PKFRs, non-participatory conservation initiatives and corruption among forest officers and district officials. Some of the respondents pointed out that the CARE/WCST project implemented in early 2000, although quite successful, become unsustainable for conserving PKFRs due to a lack of a clear exit strategy. They noted that after the funding period ended, nothing remained for sustaining activities for conserving
PKFRs.
The team also noted that the community members concern for the sustenance of the PKFRs has partly been eroded due to the concept of projects. Respondents consider the "project approach" to addressing the concerns as not being adequate. Respondents noted that the CARE/WCST project addressed issues pertaining to joint forest management (JFM) and community based forest management (CBFM) quite successfully at the initial stages. They noted that with time, however, the JFM and CBFM failed to materialize as anticipated the MNRT was uncomfortable with the benefit sharing scheme.
Governance
Findings from the field reveal that although the PKFRs have been under the governance of MNRT since its gazzettement, local community members in the proximity to PKFRs have not been part of the governance and management structure despite of several attempts initiated by the WCST. This scenario divorced the community members from being part of the PKFRs management and governance. However, it was noted that in 2004, through CARE/WCST interventions, communities were involved in managing the forest through JFM and CBFM, although it ended up in vain because JFM agreements could not be signed.
Findings also reveal that there is longstanding boarder conflict between Nzasa and Kimwani villagers/residents who identify themselves as legal owners of the land claimed to be within Kazimzumbwi forest landscape. The conflict is fueled by interventions from the central government whereby it is alleged that the Government has ordered a group of alleged illegal dwellers out of the forest until it resolves the conflict. Respondents were concerned, however, that the government has been lax in addressing the border conflict. Respondents pointed out that he conflict started in the early 1990's when the Chanika villagers (now Ilala has no villages, but has mitaa/streets) through its chairman, one Mr. Peter Leo, officially requested the MNRT to allow villagers to cultivate seasonal crops in Kazimzumbwi forest reserve.
The team also noted that some Nzasa residents purposefully set bush-fires irregularly with the intention of destroying Kazimzumbwi forest. Respondents also alleged that some officers at the Ilala Municipality permitted some Nzasa residents to live in the forest under the Municipality's development plan map (which the team members did not see) which allegedly indicates that the PKFRs borders have been altered to accommodate the residents. Some elders (three) who preferred anonymity (for security reasons) argued that the area in a dispute is a national forest reserve (Kazimzumbwi). They informed the team that there are about 6 individuals who were selling the forest land claiming to be their own lands owned under customary right of occupancy. The names of the individuals were availed to the team.
Understanding of REDD Issues among the Local Communities adjacent to PKFRs
The overall findings of the study reveals that the REDD concept is basically unfamiliar to the members of the community in the proximity of the PKFRs and also to most of the local government officials in Ilala and Kisarawe districts who are directly or indirectly responsible for conserving and managing the forest reserves. The REDD concept needs to be elaborated to communities adjacent to PKFRs and local government officials so that they may actively and effectively participate in the project implementation with clear understanding of the REDD mechanisms, its benefits and disadvantages thereof, if any.
Benefits to Communities Proximity to PKFRs
Almost all respondents admitted that they never have any direct benefits from the PKFRs in monetary terms. This suggests that, their involvement in conservation is very minimal and this state of affairs cannot motivate the communities to participate effectively in conserving and managing the two forests. Findings reveal that the communities adjacent to PKFRs have been 52
accruing benefits from the forest reserves in terms of medicinal plants, collecting mushrooms, tourism/entrepreneurial activities, clean and fresh air because the forest is a carbon sink and water source from the streams and rivers flowing from the forest reserves.
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