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Why Law Matters: Design Principles for Strengthening the Role of Forestry
Legislation in Reducing Illegal Activities and Corrupt Practices
by Jon Lindsay, Ali Mekouar and Lawrence Christy
[ FAO Legal Paper Online #27, April 2002  ]
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Abstract
How important is legislation in the fight against destructive and corrupt
forestry practices? There are good grounds for giving a sceptical answer
to this question. In country after country, the contrast between what
forestry law prescribes and what actually happens on the ground is both
stark and obvious, lending credence to the frequent assertion that "the
problem is not with the legislation; the problem is with its
implementation."
It is certainly true that improved implementation of law requires attention
to economic, social and institutional factors that are external to the law
itself. But this should not obscure the importance of getting the law
right in the first place. This short paper explores ways in which the
drafting of forestry legislation - both in terms of the substantive content
of law and the process by which it is written - can facilitate or obstruct
efforts to reduce destructive and corrupt activities.
The paper emphasises that drafting more effective legislation requires a
broader approach than strengthening standard law enforcement provisions. If
legislation is to create a realistic foundation for its own implementation,
then it needs to provide scope for meaningful participation in forest
decision-making; to increase the stake that people have in sustainable
management; to improve the transparency and accountability of forest
institutions; and to set forth rules that are coherent, realistic and
comprehensible.
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