The main objectives, outputs and activities of stage 4 are:
Objective 4.1: To implement the CFM plan and agreement
Output 4.1.1: Annual workplans and budget developed and implemented
Activities:
i. The forest management institution mobilizes the CFM implementing team (comprising of atleast one representative of the forest management institution, one local government staff and five members of executive committee of the CFM group), to develop an annual CFM workplan and budget based on the objectives and activities of the CFM plan for each CFM group (See Annex 9).
ii. The CFM implementing team reviews the CFM plan, identifies and extracts activities to include in the annual workplan and budget;
iii. The CFM implementation team identifies and includes core activities (such as monitoring and reporting of illegal activities) in the workplan that should be implemented regardless of availability of funds;
iv. The CFM implementation team identifies and includes activities that are going to be possible through the district support and other government programmes such as livelihood improvement activities;
v. The CFM implementation team identifies and includes activities that will be implemented with funding and technical support from the forest management institution.
vi. Align all activities under the objectives in the CFM plan and spread them in the months of the year depending on when the parties intend to have them implemented;
vii. The parties agree on the sources of funding and contributions by the different parties;
viii. Fundraise for implementation of the CFM workplan.
ix. The parties agree on the implementation approaches e.g joint implementation etc and the responsibilities of each party in relation to the work plan;
x. The parties to the agreement implement forest management activities (e.g joint forest patrols, resource access activities, restoration activities etc);
xi. The parties to the agreement implement alternative livelihood improvement interventions both in-forest and out of forest. (e.g. bee keeping; coffee, fruit and mushroom growing, livestock rearing, village saving and loan associations, promotion of energy-efficient technologies (energy saving stoves, biogas, use of briquettes from crop residuals, solar); agroforestry, soil and water conservation technologies; establishment of tree nurseries; domestication of herbal plants, craft materials; tree growing on private land; responsible management of wetlands and riparian forests.
xii. All parties to the agreement should keep relevant records. This is important for CFM groups as well. Record keeping is useful for tracking members active in group activities and their rewards, access to forest resources; business transactions and status, and tracking forest illegalities among others (see Guidance Box 9).
N.B: Experience has shown that the fewer the members of the CFM implementation team, the easier and cheaper it is to compromise them into involvement in illegal activities. That is why a minimum of seven members of the team has been suggested.
GUIDANCE BOX 9
SUGGESTED LIST OF RECORDS TO BE KEPT BY THE PARTIES
• Expression of interest in CFM
• CFM application
• Response to CFM Application
• Constitution and Articles of Association
• Registration certificates
• CFM group membership register
• PSA report
• CFM agreement and plan
• CFM process report
• Minutes of meetings
• Training reports
• CFM annual work plans and budgets
• Financial records (expenditures and incomes)
• CFM activity and periodic reports (monthly, quarterly, annual, monitoring and review reports)
• Resource access records (who is accessing, quantities accessed)
• Forest patrol reports and records
• Records of livelihood improvements activities (Beneficiaries list and quantities of benefits) etc.
Output 4.1.2: Capacity building of CFM groups and other stakeholders conducted
Capacity building of the CFM groups and other stakeholders is important for effective implementation of the CFM agreement, and also creates an opening for mobilising additional resources and opportunities.
This is particularly beneficial to the CFM groups which often times have limited capacity compared to forest management institution and other parties.
Activities:
a) Conduct a capacity needs assessment for the forest management institutions, DLG, CSO staff and CFM groups in relation to the proposed interventions in the CFM plan. Where applicable, women, youth, elderly and other vulnerable groups should be encouraged to participate in the assessment so as to identify their capacity gaps. This will be led by the forest management institutions /DLG or facilitator;
b) Conduct capacity building of stakeholders in various aspects in line with the capacity needs assessment report. Such as:
i. Training on business development and fundraising;
ii. Finance management (investments, budgeting and reporting)
iii. Capacity building of CFM groups in governance/leadership (led by CDO);
iv. Conflict management;
v. Group dynamics;
vi. Group sustainability (diversified sources of income)
vii. Record keeping;
viii. Exposure visits to other areas with best practice and success stories to enhance learning; ix. Promotion of extension service delivery to support on-farm livelihood interventions (led by LG and CSOs);
x. CDO/ forest management institutions support the CFM group to establish the relevant forest user/enterprise (including VSLAs/ SACCOs) fora to implement the CFM plan;
xi. Regular awareness creation about the agreement and plans, forestry and socio-economic aspects and enterprises preferably by the main signatories (forest management institutions, DLG, Community institution) to the CFM Agreement.
N.B: Depending on the outcomes of the capacity of the needs assessment, the CFM implementing team will pick out compulsory and optional capacity needs and apportion them to the different actors depending on their expertise, mandate and financial ability to handle.
Output 4.1.3: Linkages with other groups and government programmes within and outside the landscape developed and implemented.
Activities:
• The facilitator (CSO) encourages the formation of CFM networks at forest, landscape and national levels based on common interests;
• The facilitator builds the capacity of CFM networks at forest, landscape and national levels in e.g.
leadership skills, record keeping, enterprise selection and management, fundraising including proposal writing, lobbying and advocacy etc.;
• The district local government or facilitator identifies and connects the groups and networks to opportunities in government and non-government sectors (banks, telecommunication companies, NGOs, embassies, food/fruit processing companies);
• Forest management institutions / LG/ facilitator support the CFM groups to source for premium markets for products for CFM groups.
Output 4.1.4: Harmony maintained/enhanced amongst parties
Conflicts/disputes or grievances are bound to occur during implementation of CFM agreements. These may be between:
a) CFM members;
b) CFM members and their executive committees;
c) CFM executive members;
d) The CFM group and the forest management institution;
e) The forest management institution and the District Local Government.
It is recommended that the conflicting parties sit to resolve their issues amicably before involving others. Where this approach fails the following grievance redress mechanisms are recommended.
i) Where the conflicting parties are ordinary CFM members, the CFM / CBO executive committee analyses and understands the problem; mediates and helps the aggrieved parties to resolve their issues. If they fail, the issues shall be forwarded to the grievance management committee for further handling.
ii) Grievances between the CFM members and the executive committee should be mediated and handled by the grievance management committee, to help the parties reach lawful resolutions (see Guidance Box 10 on how to select the grievance management committee and its roles).
iii) Grievances between the CFM group executive committee members will be handled by the grievance management committee (see Guidance Box 10) and failure to reach an amicable solution, then the grievance management committee will forward the issues to the general assembly of the CFM group.
iv) Avenues for handling grievances between the forest management institution and the CFM group include mediation by the DLG leadership, Resident District Commissioner (RDC) or any other personality of high integrity respected by both parties, e.g. cultural or religious leaders; or mediation by the stakeholder coordination committees at regional and national levels
vi) Conflicts between the DLG and the forest management institution will be mediated by a leader at district level who may not be directly involved in the conflict such as the RDC, district chairperson, chief administrative officer or speaker of the district council. Beyond this level, the conflicts will be forwarded to the stakeholder coordination committees elected by members of the multi-stakeholder coordination fora for further handling.
Other than the above suggested grievance management mechanisms; conflicting parties are at liberty to use the existing and recognized court system for arbitration starting with the local council one court depending on the nature of grievance.
It is important to note that all grievance management mechanisms will make use of the provisions of the CFM group constitution, the CFM agreement, government policies and laws as tools to guide in the resolution of grievances.
It is important to ensure that the CFM constitution and agreement contain sufficient guidance on dispute resolution as a first point of reference.
Furthermore, the forest management institution retains the mandate to protect the forest against any form of destruction whatsoever the grievance.
Activities:
• CFM implementing team establishes conflict / grievance management committees at CFM group and landscape level (the committee should comprise of community members, political and opinion leaders- see Guidance box 10).
• Parties to the agreement organize periodic meetings to identify and support in resolving any conflicts before they escalate.
GUIDANCE BOX 10:
SELECTION OF CONFLICT/GRIEVANCE MANAGEMENT COMMITTEE
• The chairperson of the CFM group calls for a general meeting to select members of the conflict/grievance management committee;
• The members nominate candidates of their choice of known good reputation from the CFM group, each seconded by two people;
• The candidates should not be members of other committees within the group;
• The candidates will be given a chance to accept or reject the nomination;
• Upon accepting the nomination, each candidate will be given a chance to talk about themselves and how they will serve in the committee;
• A total of three people including atleast one female will be selected among the nominees from the CFM group;
• The CFM group members will select two other people of high integrity who might be religious, cultural or political leaders with a credible track record in handling conflicts, disputes or grievances.
• Once selected, they will be approached by the group leadership to seek their consent;
• The committee will be introduced to the general assembly of the CFM group in the next meeting;
The executive committee will draft the roles and responsibilities of the grievance committee which will be discussed and approved by the general assembly - some of the roles of the grievance committee may include:
a) Sensitizing the members on possible causes of disputes, conflicts, or grievances and how to mitigate them;
b) Attending to disputes, conflicts, or grievances amongst the members; between members and their leaders, and between members and forest management institution;
c) Mediating between the conflicting parties;
d) Attending trainings on disputes, conflicts or grievances organized by other partners.
Objective 4.2: To monitor implementation of CFM activities Output 4.2.1: Monitoring and evaluation conducted;
Activities:
All parties to the agreement:
• Conduct joint monitoring of CFM activities;
• Conduct quarterly joint review/planning meetings on CFM activities (mainly by the main parties);
• Develop and implement action plans to address issues identified in the reviews;
• Conduct periodic participatory reviews focusing on the entire CFM plan and agreement (preferably after every 5 years);
• In addition, the forest management institution or community can instigate a review of the agreement at any time, if either party has concerns that it is not operating as desired
• Develop agreement addenda, where necessary, as informed by the periodic reviews;
• Monitor the status of the CFM groups including their compliance to the CFM agreement terms and conditions
• Conduct endline review/evaluation and renewal of the agreement by going through some of the activities under stages 2 and 3 depending on the results of the end line evaluation.
Output 4.2.2: Records of CFM activities documented, maintained (archived) and shared
Activities:
• Parties prepare and share regular reports at different levels including LG;
• Parties maintain proper records (hard/soft-electronic copy files) on CFM activities at community and various levels of forest management;
Output 4.2.3: Effective communication and coordination mechanisms amongst parties developed and implemented;
Activities:
• All parties to the agreement agree on a communication and coordination plan e.g. number and frequency of meetings, channels of communication (radio, phones, email, print)
• Conduct regular community and joint meetings (preferably quarterly joint meetings for the main parties of the agreement)
• Conduct regular reporting and documentation of CFM activities at all levels.
In practice, the CFM process in forests owned privately is voluntary depending on the needs, interest and good will of the forest owners.
The privately owned forests could be in forest reserves (FR) or private lands (communal land association, church, kingdom, clan, school, or individual). The stakeholders to be involved will depend on the land ownership where the forest is located.
In both private land forests and private forests on government land / reserves, the involvement of government is important, less to provide technical guidance to the private forest owners on sustainable management of their forests, and more to help ensure that an appropriate agreement / arrangement is put in place and, that conflicts / disputes / grievances that might arise in the course of the collaboration stand to be appropriately addressed.
Therefore, it is advisable – especially for privately planted forests on government land – to involve government from the onset of collaboration although it is not mandatory in forests on private land.
The CFM stages to be followed will be simpler, shorter, and will culminate in a Memorandum of Understanding with the partner(s).
N.B. The possible areas of collaboration will not include sub-leasing the area for tree plantation, growing of food crops and grazing.
Stages 1: Initiating the process
• Either the forest owner or prospective partner (s) seeks collaboration in the management of the private forest and obtains consent verbally or in writing from the prospective partner or forest owner.
• The forest owner or the prospective partner is free to accept to reject the expression of interest giving reasons why.
N.B: i. The forest owner should obtain consent from family members including the spouse and children, if it is an individual forest owner;
ii. If the forest owner is an institution or company, documented consent of the leadership of the institution or company must be presented to safeguard against fraudulent transactions in the future.
Stage 2: First formal meeting between the forest owner and the prospective partner (s)
• The forest owner invites the LC 1 chairperson to participate in the first meeting if necessary; • The forest owner or his representative gives highlights about the status of the forest;
• The meeting selects a joint planning team based on the highlights given above.
Stage 3: Joint planning and development of a memorandum of understanding
• The partners agree on activities to be undertaken, their roles/responsibilities and benefits;
• The partners agree on alternative livelihood interventions to reduce pressure on the forest where necessary;
• The partners agree on straightforward feedback and conflict redress mechanisms;
• The joint plan is presented to all partner members for validation and approval;
• The forest owner and partners agree on how to monitor the plan.
N.B:
i. In some cases, it might be necessary to conduct a rapid participatory situation analysis to generate information to guide the joint planning (See Guidance Box 11 for a checklist of socioeconomic and environmental information;
ii. Technical guidance of the DFO might be necessary especially if some of the activities involve extraction of forest resources;
iii. The activities in stage 3 will culminate into a memorandum of understanding between the parties (See Guidance Box 12 for suggested template for MoU between forest owner and partners.
Stage 4: Signing and Implementation of MoU
• The partners sign the MoU witnessed by family members or institution/company representatives, LC1 chairperson and the DFO where necessary;
• Alternatively, where the parties feel that a signed agreement is unnecessary, the signed minutes of a village / parish / community meeting can suffice.
• The partners implement the plan developed in stage 3;
• The forest owner/representative meet with partners periodically to assess progress;
Although the steps set out above may appear to be a little long and/or complicated, the process should be kept as straight-forward as possible – so long as all parties are clear and agree about what their rights and responsibilities are.
For example, where access to a private forest by a neighbouring community centre around firewood, a simple verbal agreement in the first instance about the frequency of access and by who, and how firewood is to be collected, will likely be sufficient.
It may also be verbally agreed that in the event of a forest fire, the community accessing the forest for firewood will help fight it.
GUIDANCE BOX 11
A CHECKLIST OF SOCIO-ECONOMIC AND ENVIRONMENTAL INFORMATION
• Forest owner’s objectives and plans for managing the forest;
• Number of people who use the forest;
• Types of commonly harvested products;
• Estimated quantities of commonly harvested products;
• Estimated available stocks;
• Threats to the forest;
• High conservation values e.g. water sources, cultural sites, windbreaks, unique medicinal plants, wildlife;
• Socio-economic status of the community;
• Environmental status of the area where the community is located;
• Available opportunities for community livelihood improvement and forest conservation;
• Resource use conflicts, if any;
• Human-wildlife conflicts, if any.
Private forest plantation developers have faced challenges including malicious and accidental bush fires set by community members, theft of trees for poles, firewood etc.
These challenges call for avenues of collaboration between private plantation forest owners and the community members to create harmony. Other possible aspects for collaboration with local community include provision of labour, collection of water for domestic use from water sources within the plantation; placement of beehives in the plantation etc.
Stages Stage 1: Prospective partners seek collaboration
The need to collaborate in the management of the private forest plantation will either be initiated by the private plantation forest owner or the local community.
Whichever way, the process of collaboration will proceed only if the private plantation forest owner recognizes the need and is in agreement.
Stage 2: The private plantation forest owner consults the forest management institution on the intention for collaboration
The private plantation forest owner informs the forest management institution on his/her intentions to collaborate with the local community in the management of the forest plantation and outlines the possible areas of collaboration. This is in recognition of the license conditions under which the forest is established on government land.
Stage 3: The private forest owner obtains consent from the forest management institution
The private forest owner obtains consent from the forest management institution after reconciling the possible areas of collaboration with the license conditions.
Stage 4: The parties convene a meeting to agree on the possible areas of collaboration.
The private forest owner convenes a meeting with the local community to discuss:
• the possible areas of collaboration,
• activities to be undertaken,
• the roles, responsibilities and benefits of both parties,
• the grievance redress mechanism,
• the review, renewal and termination of the agreement;
• coordination and monitoring mechanisms
It is recommended, and it may be required by the forest management institution, that these details are compiled in an MoU.
Stage 5: Review, finalization, signing and implementation of a ‘Partnership Agreement’
The draft ‘Partnership Agreement’ is reviewed by a representative of the forest management institution, to ensure that the license conditions are adhered to.
The private plantation forest owner and the local community sign the final ‘Partnership Agreement’ witnessed by a representative of the forest management institution and the LC 1 chairperson.
N.B:
i) The ‘Partnership Agreement’ under this arrangement should conform to the terms and conditions of the license or permit.
ii) Once the tree growing licence expires, or is cancelled, by the forest management institution, the MoU will be terminated automatically.
GUIDANCE BOX 12:
SUGGESTED TEMPLATE ‘PARTNERSHIP AGREEMENT’ BETWEEN FOREST
OWNER AND PARTNERS
• Duration of the MoU and associated conditions for renewal or termination
• Description of the parties in regard to names, addresses, membership, their goals and missions.
• Purpose or objectives of the partnerships (including beyond the forest for communities)
• Activities and funding for the parties
• Principles for collaboration e.g.
-To acknowledge the missions and strategic goals of each party;
-To build on the complementarities of each party’s strategies, strengths, resources and approaches;
-To be transparent and open regarding expectations of each other during collaboration;
-To articulate clearly the benefits to each party and forge mutual and respectful relationships;
• Responsibilities of the parties
• Benefits and the sharing arrangements
• Dispute redress mechanisms
• Effective date, validity, amendments and termination of MoU
• Disclaimer on land/forest ownership
• Main Signatories and witnesses to the MoU
ANNEXES
Annex 1. Contents of CBO constitution
• The name and physical address of the group
• The objectives of the group
• The person to whom membership is open
• The rates of entrance and subscription fees (if any) for membership
• The list of founding members
• Disciplinary procedures for Group members
• Criteria for selection the executive committee members (gender, age, disability or any other criteria which may require to be considered)
• The authority for and method of filling vacancies on committees
• The frequency of, quorum for, and dates of the general meetings
• The custody and investment of the funds and property of the Group and the designation of the persons responsible thereof
• The titles of officers and names of auditors and their terms of office and the method of their election, appointment, dismissal and suspension
• The purpose for which the funds may be used and in particular the prohibition of the distribution of funds among members
• The inspection of books and list of members of the Group by any member or officer
• The annual or periodical audit of accounts
• The manner of amending the name, constitution or rules of the Group
• The manner of the dissolution of the Group and the disposal of its property on dissolution
Annex 2: Application for CFM checklist and attachments
• Name of applicant
• Number of members of the applicant (specify gender)
• Registration details of applicant
• Name of sub-county
• Name of district
• Name of the forest applied for;
• Locality of the forest/compartment where applicable
• Whether the forest has a FMP or not;
• Reasons for expression of interest by the applicant
• Objectives of expression of interest
• Members of the CBO committee and their designations (disaggregated by gender) • Chairperson, secretary and four members
Sign:
Chairperson Secretary
Annexes
List of members
Copy of Articles of Association/Constitution
Copy of certificate of registration
Annex 3. Guide to conducting out-of-forest participatory situation analysis
Annex 4: Participatory Resource Assessment Report format
• Acronyms
• Acknowledgment
• Executive summary
• Background
o PSA objectives
o PSA process and methodology
o Participants
• Findings and Implications to CFM
• Status of the collaborative management site
• Location of the site
• Social economics status (population, ethnic composition, housing status, religions and traditional beliefs, education levels, health situation, road and transport, CSO & private sectoral landscape, status of community/CFM committees, occupational and enterprise situation, status of water resource and use, energy access and use, land tenure, use and management, forest resources on private land, forest values and community livelihoods, annual time schedules for community livelihood activities, forestry related conflicts)
• Brief about the forest reserve/private forest
• History of management of the forest reserve/private forest
• Current status of the forest reserve/private forest
• Stakeholders and the 3rs
• In-forest participatory assessment
o Overview
o Resource abundance and distribution
o Resource off-takes and threats
• Potential opportunities for increasing the resource base and income generation
• Preliminary positions by the Forest Management Institution and the local community
• Preliminary recommendations
• References
• Annexes
Annex 5: How to negotiate and draft the CFM plan
Annex 6: Suggested contents of a Collaborative Forest Management Plan (CFM Plan)
This is a time bound document, which is part of the Agreement. This means that if the Agreement is breached and terminated, the management plan and the rules and regulations contained therein also cease to be valid. The plan is divided into two broad parts.
Part One is largely descriptive while part two is prescriptive and stipulates rules and regulations for the management of the forest. The third part is annexes. The terms of the management plan are continually under monitoring and review, as the condition of the forest and socioeconomic environment in the landscape changes.
The contents of the plan will largely depend on objectives of management and the negotiations between the parties to the CFM Agreement. The outline below is intended to act as a guideline and not a blue print for the contents of a CFM plan.
Part One: Background
1.1 Introduction to the Management Plan
1.2 Physical geography
1.3 Name of forest and area (ha) covered by the plan
1.4 Boundaries of CFM compartment, block or forest
1.5 Policy and legal issues
1.6 Condition of the forest (in-forest)
i) Forest resources and use
• Resources accessed by the community such as firewood, herbal medicine, craft materials, building polies and fibres, forest foods etc
• Location and abundance
• Mode of access; who accesses (gender) and when
• Off-take levels
• Threats to forest resources
ii) Biodiversity
• Species composition and abundance
1.7 Potential for non-consumptive uses
• Carbon Sequestration
• Payment for eco-system services
• Beekeeping
• Eco-tourism
1.8 Socio-economic environment (outside the forest)
• Population (density, ethnicity, gender and distribution)
• Housing
• Land use and management
• Institutions
• Existing and potential enterprises
• Financial institutions
• Infrastructure (roads, urban centres, telecommunication)
• Stakeholder
• Existing community development programmes
• Energy sources
• Social services (education, health, religions, water and sanitation)
1.9 Environmental conditions (Out of forest)
• Forest/tree cover
• Status wetlands, rivers, streams
• Topography
• Waste management
Part Two: Plan of Action
2.1 Vision
2.2 Objectives of management (include forest/environmental and socio-economic objectives)
2.3 Time-frame of the management plan
2.4 Strategies and activities for implementation
2.4.1 Socio-economic strategies and activities e.g enterprises to be undertaken, VSLA and SACCOS, tree planting on farm including schools, churches, mosques, efficient of energy technologies
2.4.2 Forest related strategies and activities (controlled access regulations and use of forest resources; protection, restoration and enrichment planting, enact relevant bye-laws and ordinances where necessary)
2.5 Stakeholders responsibilities, rights and benefits
2.6 Zonation of the CFM forest area where applicable
2.7 Activity schedule
2.8 Administration
2.9 Financing and Budget for implementing the plan
2.10 Monitoring Plan
2.10.1 Monitoring indicators
The monitoring plan will have success indicators that will be monitored. The indicators will in line with the negotiated objectives and activities.
These will include socio-economic aspects out of the forest (landscape) and indicators in regard to improved management of the forest. Examples of the indicators to be monitored under each of the above categories may include:
Socio-economic indicators
• Percent of households using energy efficient technologies (e,g energy saving stoves, solar, biogas, briquettes)
• Percent of households able to access microfinance services (VLSA, SACCOs)
• Number of households involved in alternative income generating activities
• Number of households whose wealth status has noticeably changed as a result of CFM interventions
• Other indicators as appropriate.
Forest status indicators
• Level of off-take of forest resources
• Level of illegal activities taking place in the forest
• Area of forest under proper protection and management
• Etc
2.10.2 Procedure for reviewing the management plan
Part Three: Annexes
For example: Maps, Tools for data collection, list of planning/negotiation team
Annex 7(a): CFM agreement template for registered community groups and forest management institutions in forest reserves
Annex 7(b): Sample CFM agreement between the National Forestry Authority (NFA) and Muko Echuya Forest Conservation and Development Association (MECDA) for part of Echuya Central Forest Reserve
1.PREAMBLE
This Memorandum of Understanding is made pursuant to Section 15 of the National Forestry and Tree Planting Act, 2003 on this ___________day of ______________________2022 between the National Forestry Authority of Plot 10/20 Spring Road P.O Box 70863, Kampala (herein after referred to NFA on the first Part) and Muko Echuya Forest Conservation and Development Association of Muko Subcounty, Rubanda (hereinafter referred to as MECDA on the second part) and Rubanda District Local Government of P.O. Box ____
2.0 WHEREAS:
(a) NFA has been mandated by the National Forestry and Tree Planting Act No. 8 of 2003 to sustainably manage Central Forest Reserves in Uganda.
(b) NFA is desirous of promoting the establishment, development and management of Central Forest Reserves through collaborative forest management with forest user groups.
(c) NFA is desirous of entering into a collaborative forest management agreement with MECDA for the management of part of Echuya CFR for the improvement of the welfare of the people of Muko sub-county and sustainable management of the forest.
(d) MECDA is interested forest user group secondary-level Community Based Organisation and comprises of a total membership of ___ members (male ___, female ___), covering ___ households who are ready and willing to abide by the regulations and guidelines set forth by NFA.
3.0 THE FOREST
This agreement is for collaborative management of part of Echuya Forest Reserve situated in (Map of Echuya Central Forest Reserve, appendix 1) in Muko sub-county in Rubanda district.
4.0 OBJECTIVES
It is agreed that MECDA shall collaboratively manage part of Echuya Central Forest reserve with the National Forest Authority under the following objectives.
4.1 Shared Vision
A sustainably managed forest contributing to improvement of livelihoods of the forest dependent communities by 2032.
4.2 Specific Objectives
i) To ensure sustainable management of Echuya CFR; ii) To promote eco- tourism in Echuya central forest reserve;
iii) To improve the livelihoods of people living adjacent Echuya CFR in Muko Sub-county, especially the Batwa, youth and women;
iv) To strengthen the relation between the NFA, local government, local communities and other partners around Echuya CFR;
v) To strengthen MECDA as an organization to enable it perform its functions.
5.0 ROLES AND RESPONSIBILITIES OF THE PARTIES
5.1 Roles of Muko Echuya Forest Conservation and Development Association.
5.1.1. The MECDA undertakes to adhere to the prescriptions, regulations and guidelines of the collaborative forest management plan in implementing the various activities laid out herein.
5.1.2 The following shall be roles of Muko Echuya Forest Conservation and Development Association (MECDA).
a) Participate in protection of the forest from illegal activities through monitoring and reporting;
b) Participate in monitoring and fighting of bamboo forest fires;
c) Mobilise MECDA members for CFM activities;
d) Participate in conflict management;
e) Lobby for support and funds for CFM activities;
f) Regulate the harvesting of forest resources;
g) Conduct regular joint planning meetings with NFA, LG and other stakeholders;
h) Implement soil and water conservation activities on farm;
i) Spearhead the construction and use of energy saving stoves;
j) Plant trees and domesticate bamboo on private land;
k) Participate in the development of eco-tourism activities;
l) Create awareness and promote environmental conservation outside the reserve;
m) Develop and implement enterprises for income generation at community and household levels;
n) Involve the Batwa, youth and women in enterprise development activities;
o) Participate in CBO activities which are not necessarily related to forestry;
p) Participate capacity building activities of MECDA;
q) Monitor implementation of CFM activities;
r) Network with other CFM groups, NFA, LG and other organizations on CFM activities;
s) Prepare reports to NFA, Local government and other stakeholders.
5.2 Roles / Responsibilities of National Forestry Authority
5.2.1 The following shall be the roles of National Forestry Authority;
a) Jointly monitor the implementation of CFM plans with MECDA and Rubanda DLG.
b) Manage Echuya Central Forest reserve;
c) Collect revenue from commercial resources use;
d) Support implementation of projects such as, tree nursery establishment, eco-tourism, bee keeping, craft making and tree planting;
e) Supervise resource extraction as provided in the CFM plan;
f) Ensure that the cultural rights and forest-based livelihoods for Batwa provided for under the agreement are realized and respected;
g) Promote eco-tourism activities;
h) Provide technical advice and guidance for the implementation of activities within the management plan;
i) Issue licenses and permits for resource use in accordance with the National Forestry and Tree Planting Act
2003, and any other relevant regulations and CFM guidelines;
j) Jointly patrol and protect the forest with MECDA and Rubanda DLG;
k) Mobilize and sensitize the community about forestry and tree planting activities;
l) Enhance the knowledge and skills of MECDA members in forest related fields;
m) Coordinate with the Rubanda District Local government to implement out of forest CFM activities;
n) Link the community to other development partners;
o) Participate in institutional community development;
p) Contribute funds for implementation of the CFM Agreement and plan;
q) Keep records for resource use.
r) Monitor and document implementation of CFM activities.
5.3 Roles/ Responsibilities of Local Government
a) Provide technical support to the local community in implementation of on farm enterprises.
b) Mobilize the local community for agroforestry and soil and water conservation activities;
c) Link the local community to government development programmes;
d) Support the institutional development and capacity building of MECDA;
e) Promote tree planting activities on private land;
f) Develop and supply water for livestock and domestic use to the local community;
g) Promote construction and use of energy saving cookstoves at household level;
h) Proactivity support the participation of the marginalized community members especially Batwa, youth and women in livelihood activities;
i) Give moral and financial support to MECDA e.g include CFM Activities in the district development plan and budgets;
j) Apprehend forest offenders;
k) Monitor implementation of CFM and other community development activities;
l) Formulate by-laws and ordinances on environment management;
6.0 RIGHTS AND BENEFITS
6.1 Benefits of MECDA CFM group
i) Income from forest related activities and on farm enterprises; ii) Improved relations with NFA staff and local government; iii) Strong linkages and relations with other development partners;
iv) Availability of a variety of livelihood sources especially for the marginalized groups;
v) Employment opportunities on farm and forest;
vi) Controlled/Reduced soil erosion;
vii) Improved on-farm production;
viii) Recognized rights for Batwa to exercise the cultural rights; ix) Fame and recognition;
x) Recognized access to forest resources for livelihoods.
6.2 Benefits of National Forestry Authority
a) Well managed and conserved Echuya forest;
b) Reduced pressure on the forest reserve for firewood;
c) Reduced resource use conflicts;
d) Revenue from licensed activities;
e) Improved relations with the local community and local government;
f) Recognition and publicity.
g) Reduced management costs.
6.3 Benefits of Local Government
i) Improved relationship with NFA; ii) Improved community livelihoods; iii) Improved and peaceful community; iv) Increased revenue from livelihood enterprises; v) Recognition and publicity.
Note: For the entire duration of this agreement, the community shall be entitled to the rights and benefits set out in this agreement and as specified in the collaborative Forest Management Plan.
The signing parties may agree to modify benefits from time to time during the process of reviewing the Collaborative Forest Management Plan after which they can be adopted. NFA and other stakeholders are also entitled to benefits portrayed in the CFM plan attached.
7.0 DURATION OF THE AGREEMENT
Subject to the National Forestry and Tree Planting Act 2003 and the CFM regulations the contents of this agreement will remain applicable for a period of 10 (ten) years from the date of signing the agreement.
8.0. REVIEW, AMENDMENT AND RENEWAL
a) This Memorandum of Understanding shall be reviewed every two years on the performance and compliance of the MECDA in line with the National Forestry and Tree Planting Act and CFM guidelines and NFA shall in writing issue clearance for the Memorandum of Understanding to continue subject to the period reserved in clause 7.0.
b) This Memorandum of Understanding may be amended or modified by mutual agreement of the parties in writing.
c) Six Months prior to the expiry of the Memorandum of Understanding, MECDA shall apply for renewal of this Memorandum of Understanding and NFA shall exercise its discretion to accept the renewal on the same terms or with modifications or reject the application with no further recourse.
9.0 BREACHES
a) All breaches perpetrated by an individual or individuals who are not members of MECDA to which the said forest has been attributed, shall be dealt with in accordance with the National Forestry and Tree Planting Act, 2003 and any other relevant regulations.
b) In cases where a member of MECDA colludes in breach of this Memorandum of Understanding or perpetrates an illegality as per the National Forestry and Tree Planting Act, 2003 and any other relevant regulations and guidelines, such breach shall lead to annulment of this agreement.
10.0 MECHANISM FOR DISPUTE RESOLUTION
a) There may be instances where the CFM group (MECDA) will have internal grievances. Such grievances will be handled by the Grievance Management Committee. MECDA will establish this committee as a subcommittee within the association.
b) Any dispute arising between the parties (MECDA and NFA) in relation to the interpretation, application and implementation of this agreement shall be settled amicably by the parties within 30 (thirty) days of its occurrence.
c) In the event of failure to have the dispute resolved in a manner envisaged in clause 10(a) above, the Memorandum of Understanding shall be deemed to have been terminated.
11.0 TERMINATION OF THE AGREEMENT
a) Either party may terminate this agreement of understanding by giving the other 3 months prior notice in writing.
b) The terminating party may reconsider its termination within the 3 months notice period referred to in (a) above.
c) If the terminating party reconsiders its termination, this Memorandum of Understanding shall be deemed to continue as though the notice in (a) had never been issued.
12.0. FORCE MAJEURE
(a) Force majeure shall not include the following:
i) Any event which is caused by the negligence or intentional action of a party, or the party’s personnel or employee;
ii) Any event in which a diligent party could reasonably have been expected to take both into consideration at the same time of the conclusion of this contract and avoid or overcome in the performance of its obligations herein; and
iii) Insufficiency of funds or failure to make any payment required herein.
(b) Failure of either party to fulfil any of its obligations herein, shall not be considered to be breach of or default of contract in so far as such inability arises from an event of force majeure, provided that the party so affected has taken all reasonable precautions, due care and reasonable alternative measures, all with an intention to executing its obligations herein.
(c) A party affected by an event of force majeure shall take all reasonable measures to remove such party’s inability to fulfil its obligations herein with minimal delay.
(d) A party affected by an occurrence of an event of force majeure shall notify the other party of such event as soon as is possible, but not later than fourteen (14) days following the first evidence of the nature and cause of such event, and shall similarly give notice to the restoration of normal conditions.
(e) The parties shall take all measures to minimize the consequences of any occurrence in force majeure.
(f) A party who has served notice of force majeure and has taken all reasonable steps to avoid such prevention or delay shall have no liability in respect of performance of its obligations under this license as are prevented by the force majeure event(s) during the continuation of such event(s), and for such time after they cease as is necessary for the party, using all reasonable endeavours, to recommence its affected activities in accordance with this license.
13.0. AGREEMENT NOT TO CREATE TENANCY
It is hereby agreed by all parties that this Memorandum of Understanding confers no tenancy or other interest whatsoever on the forest reserve land and that possession of the land is retained by NFA.
14.0. GOVERNING LAW
This Memorandum of Understanding shall be construed in accordance with the laws of Uganda in force, and each party agrees to submit to the non-exclusive jurisdiction of the courts of Uganda.
IN WITNESS WHEREOF the parties have set both their hands hereunto on the date, month and year first mentioned herein. DONE IN RUBANDA by the duly authorized representatives of the parties on the date first mentioned above.
SIGNED for and on behalf of;
A. NATIONAL FORESTRY AUTHORITY:
Signature:……………………………………...
Name: Tom .O. Okello
Title: EXECUTIVE DIRECTOR
Date:………………………………
In the Presence of:
Signature:…………………………………
Name:
Title: LEGAL MANAGER
Date:……………………….
B. MUKO ECHUYA FOREST CONSERVATION AND LIVELIHOOD IMPROVEMENT ASSOCIATION (MECDA)
Signature:……………………………………..
Name:…………………………………………
Title: CHAIRPERSON
Date........................................
In the Presence of:
Signature:…………………………………
Name: ……………………………………
Title: SECRETARY MECDA
Date..........................................................
C. RUBANDA DISTRICT LOCAL GOVERNMENT In the Presence of:
Signature……………………………………… ………………………………………………
Name: ………………………………………….. Name:………………………………………
Title: CHAIRPERSON Title: CHAIRPERSON LC III MUKO SUB-COUNTY
Annex 8: Participatory monitoring and evaluation template
N.B Indicators should be specific, measurable, achievable, relevant and time bound.
Annex 9: Annual work plan