15. Coordination of policy- and law-making across sectors
Policies and laws in other sectors of the economy can have significant impacts on forest management and may distort forest policies. They may include incentives for agricultural expansion, energy policies that increase dependence on fuelwood, settlement policies that assign property rights for clearing land, and macroeconomic policies that distort exchange rates or cause under-valuation. A better understanding of the linkages between different sectors and a coherent, multi-sector approach to policy and law making can reduce uncertainty and maximize synergies. Strong political will is required to facilitate better intersectoral coordination.
To apply this indicator, pick one recent policy or law process from another sector that had potential direct or indirect impacts on forest management.
Diagnostic question: To what extent are law- and policy-making processes coordinated across forest and non-forest sectors?
Elements of quality
• Forest sector stakeholders participate in the policy-making process
• Forest sector decision-makers participate in the policy-making process
• Forest sector stakeholders and decision-makers have access to information about cross-sectoral impacts on forests to facilitate their participation
• Alternatives and/or safeguards are implemented in light of any potential negative impacts on forests
• Provisions for regular monitoring and review are included in the policy or law
Coordination Participation
47
Indicator Elements of Quality
GovernancePrinciples 16. Policy and law-making based on high quality information
New law or policy proposals should be based on accurate and relevant information about the existing legal and policy framework and the situation on the ground. Specifically, special attention should be paid to achieving coherence with the land use plan and other pertinent laws, as well as updated and scientific information.
To apply this indicator, pick a recent policy or law process in the forest sector.
Diagnostic question: To what extent are new law and policy proposals based on high quality information?
Elements of quality
• Decision-makers carry out an all encompassing review of existing forest policies and laws before drafting new ones
• Decision-makers have access to current and accurate scientific and technical information about forests
• Decision-makers consider links with the land use plan
• Decision-makers carry out analyses on the potential impacts of new laws and policies on the livelihoods of vulnerable groups
• Decision-makers engage local communities collect information on their views
Accountability Transparency
17. Public access to information on the basis and goals of policy and legal reform
The public needs to have a wide access to comprehensive information on the basis and goals of policy and legal reforms to allow for meaningful and effective participation.
To apply this indicator, use the same case study as indicator 16.
Diagnostic question: To what extent is there public access to quality information on the basis and goals of policy and legal reform?
Elements of quality
• Breadth of credible documentation available
• Documentation is easily accessible and understandable
• Documentation is available in a timely fashion
• Documentation is accessible by a range of stakeholders
• Media coverage of policy/law reform (quality and quantity)
Transparency
18. Clear process for public participation in policy-making
A sound policy framework should be responsive to public interests and demands through broad consultation, including meaningful input from communities and other stakeholders. Policies that reflect realities on the ground are more likely to be effective and enforceable.
A clearly defined policy process improves transparency and efficiency of policy-making and facilitates public participation. Stages of the policy process may include problem identification, agenda-setting, policy
formulation, policy adoption, policy implementation and policy evaluation.
Although the process may not be this orderly in reality, public participation should be encouraged at all stages of the process.
To apply this indicator, pick a recent policy-making process as a case study.
Diagnostic question: To what extent is there clarity of process for public participation in policy-making?
Elements of quality
• Clear responsibility for decision
• Clear time frame for decision
• Clear time frame for input
• Accountability for input
• Documentation of consultation process
• Timely, broad and targeted distribution of information about the entire process, including the process to address input received
Transparency Accountability
Participation
48
Indicator Elements of Quality
GovernancePrinciples 19. Meaningful public participation in policy-making
A good level of inclusion means that numerous and diversified contributions were collected effectively. These contributions are essential to ensure that all the different groups that compose the society are represented and considered in decision-making. It is particularly essential to engage local and forest-dependent communities in such processes.
To apply this indicator, use the same case study policy as indicator 18.
Diagnostic question: To what extent is there effective public inclusion in policy-making?
Elements of quality
• Quantity of participation
• Breadth of participation
• Representation of forest-dependent communities and other vulnerable groups
• Availability of all public comments
• Availability of responses to all public comments
• Effective mechanisms/procedures to incorporate comments in policy-making
Participation Accountability
Transparency
20. High quality legislative debate on forest laws
Forest management issues are complex and involve lots of actors with different interests. Legislative debate need to reflect the
complexity of the issues, with a high level of quality, i.e. with numerous and diversified speakers and public attendance, as well as transcript and adequate duration.
To apply this case study indicator, pick a recent law that was subject to legislative approval.
Diagnostic question: To what extent is there a high quality of legislative debate on forest management issues?
Elements of quality
• Duration of debate
• Attendance of members
• Composition of speakers/ experts, including members of civil society
• Availability of transcripts
• Outreach to public for comments before decision
• Response to and accountability for public input
Capacity Participation Transparency Accountability