Ethiopian Federal Laws

A PROCLAMATION TO PROVIDE FOR THE DEVELOPMENT, CONSERVATION AND UTILIZATION OF FORESTS

WHEREAS, the development, conservation and sustainable utilization of forests plays a decisive role in satisfying the needs of the society for forest products and plays a significant role in the enhancement of national economy in general;

WHEREAS, the sustainable utilization of the country's forest resources is possible through ensuring the participation of, and benefit sharing by the concerned communities as well as by harmonizing forest policies and programs with those of other economic sectors, particularly with agriculture and rural development policy;

WHEREAS, the development, conservation and utilization of forest plays a decisive role in preventing soil erosion, expansion of desertification, disturbance of ecological balance, depletion of biodiversity, and reduction of agricultural production due to the alarming situation of forest degradation in the country;

WHEREAS, it is necessary to enact a new legislation on the conservation, development and utilization of forest that takes into account the existing objective reality, in order to encourage the development of forest and properly conserve and use the remaining limited forest resource of the country;

WHEREAS, it has been provided under Sub-Article 2(d) of Article 52 of the Constitution that the power entrusted to the Regional States to administer land and natural resources shall be exercised in accordance with laws enacted by the Federal Government;

NOW, THEREFORE, in accordance with Article 55 (1) of the Constitution of the Federal Democratic Republic of Ethiopia, it is hereby proclaimed as follows:

PART ONE - GENERAL

1. Short Title

This Proclamation may be cited as the "Forest Development, Conservation and Utilization Proclamation No.542/2007."

2. Definitions

In this Proclamation, unless the context requires otherwise:

1. "ministry" or "Minister" means the Ministry or Minister of Agriculture and Rural Development, respectively;
2. "regional State" means any Regional state referred to in Article 47(1) of the Constitution of the Federal Democratic Republic of Ethiopia and includes the Addis Ababa and Dire Dawa city administrations;
3. "forest" means a community of plants, either naturally grown or developed by planting, mainly consisting of trees and other plants having woody character;
4. "tree" means any woody plant regardless of its species, age or size and includes bamboo, reeds, and palms as well as other plants to be designated as such by the Ministry;
5. "forest land" means a land that is demarcated for the purpose of forest development and conservation and covered with forest and includes bushy and barren land found on steep slopes;
6. "state forest" means any protected or productive forest, which is under the ownership of the Federal Government or a Regional State;
7. "protected forest" means a forest designated as such in accordance with this Proclamation to be conserved and developed free from human or animal interference for the purpose of water shade management and the conservation of genetic resources, biodiversity, and the environment in general, as well as for the purpose of training and research;
8. "productive forest" means a forest designated as such in accordance with this proclamation for the production of industrial, construction, and other forest products;
9. "private forest" means a forest other than state forest developed by any private person and includes a forest developed by members of a peasant association or by an association organized by private individuals, investors, and governmental and non-governmental organizations;
10. "man-made forest" means a forest other than natural forest and which is developed by man by planting of seedlings or any other means;
11. "natural forest" means a forest where any naturally grown trees, shrubs, and other plants having woody and non-woody characters are found;
12. "shrub land" means a forestland where tree species with a height of up to five meters are found grown scattered;
13. "management plan" means a forest resource development, conservation and utilization plan developed for the conservation, development, and utilization of the resource based on a detailed study of the forest resource in a natural or man-made forest;
14. "forest product" means any product that is obtained from a whole tree or part thereof or any primary woody or non-woody product processed manually or industrially;
15. "forest product movement permit" means a permit that indicates the origin and destination of a forest product and which shall be used for a limited period of time and issued for moving forest products from the production site to local market or from within the country to international market;
16. "appropriate regional body" means an executive organ of a Regional State that is empowered to undertake activities relating to the development, conservation, and utilization of forest in the region;
17. "local community" includes the community residing inside and adjacent to a state and private forest;
18. "concession" means a contract given out to any person to utilize a given state forest for a defined period of time;
19. "biodiversity" means the diversity of genes and species of plants, animals, and microorganisms and the ecosystem in which they live together in interaction and interdependence in a forest or forestland;
20. "person" means any natural or juridical person.

3. Types of Forest Ownership

There shall be the following types of forest ownership:

1. Private forest; and
2. State forest.

PART TWO
PROMOTION OF THE UTILIZATION OF PRIVATE FOREST

4. Promotion of Forest Development

1. Private individuals, associations, governmental and non-governmental organizations, and business organizations who want to develop forest shall have the right to obtain rural land in areas designated for forest development in accordance with regional land administration and utilization laws;
2. Areas in productive state forests that could be developed on concession shall be identified and may be given out for man-made forest development;
3. Management plans shall be developed, with the participation of the local community, for forests that have not been designated as protected or productive state forests, and such forests shall be given to the community, associations, or investors so that they conserve and utilize them in accordance with directives to be issued by the appropriate body;
4. In order to introduce farm-forestry practices among the farming and semi-pastoral communities, efforts shall be made to provide them with sufficient amounts of plant seeds and seedlings of tree species that could have different economic benefits;
5. Any person who develops a forest on his landholding or in a state forest area given to him on concession shall be given assurance to his ownership of the forest;
6. The rights of forest owners to use forestland and to transfer their holding rights shall be exercised in accordance with rural land administration and utilization laws.

5. Promotion of Forest Technology

1. Forest technology packages that enable the proper use of indigenous or foreign knowledge, practices, and technologies on the development, conservation, and utilization of forest shall be prepared and disseminated to enhance the knowledge and skill of forest developers;
2. The forest technology package to be distributed to farmers, semi-pastoralists, and the private sector shall focus on maximizing income and ensuring food security within a short period of time;
3. A seed supply system shall be established to supply seeds of indigenous or exotic tree species that are suitable to the different ecosystems;
4. Technical support will be provided to farmers and semi-pastoralists in the selection and planting of tree and forage plant species and the conservation of the existing ones that help to prevent soil erosion and serve as landholding boundary marks;
5. Training and education shall be provided on modern forest management skills to all those engaged in forest development so that forest resources are properly developed, conserved, and utilized;
6. Conducive conditions shall be created whereby vocational training shall be given to those engaged in forest development to utilize forest resources for different purposes.

6. Promotion of Market for Forest Products

1. Farmers, semi-pastoralists, investors, associations, governmental and non-governmental organizations, and business organizations shall be given the necessary support to produce quality and competitive forest products for local and international markets;
2. Technical support shall be provided to those engaged in raising and supplying tree seedlings to the society;
3. Forest products shall be used for trade and industrial development based on forest management plans;
4. Forest products trade licenses shall be issued in accordance with the management plan, taking into account the utilization of the country's limited forest resources and in a manner that shall not disturb the natural resource balance of the area;
5. A system shall be established for the conservation of tree species with market demand, with a view to increasing their sustainable production and productivity;
6. A Successive training and education shall be given to sectors of society engaged in forest development on the marketing of forest products;
7. Investment opportunities and incentives shall be provided to investors engaging in the forest industry;
8. Farmers, semi-pastoralists, individual forest owners, and organizations shall be given technical advice on marketing their forest products;
9. Information on forest products market shall be collected, organized, and furnished to forest developers and forest product consumers through various mass media.

7. Obligation of Private Forest Developers

1. A private forest owner shall notify the body found around the forest and obtain a forest products movement permit prior to harvesting and transporting the product from place to place;
2. Owners of private forests shall have the duty to:
   1. Follow sound forest development methods and replace, in different ways, trees when harvested;
   2. Take the necessary measures to protect their forests from pests and disease;
   3. Notify the appropriate body of the existence of forest pests and disease;
   4. Ensure that the forest is protected from fire and other hazards; and
   5. In general, comply with directives issued on the safety of the environment, conservation of catchments, biodiversity, and unique natural trees and wildlife.

PART THREE
CONSERVATION, DEVELOPMENT, AND ADMINISTRATION OF STATE FOREST

8. Designation, Demarcation, and Registration of State Forest

1. In order to properly conserve, develop, and utilize the forest resources of the country, major forestlands shall be designated as state forests, their boundaries shall be demarcated, and they shall be registered as protected and productive forests;
2. The designation and demarcation of forests pursuant to Sub-Article (1) of this Article shall be undertaken with the participation of the local community;
3. The designation and demarcation of a state forest in accordance with Sub-Article (1) of this Article shall be proclaimed by the legislation of the concerned;
4. Where the designation and demarcation of a state forest pursuant to this Article results in the eviction of the local community, priority shall be given to the protection of the interests of the community in accordance with existing land administration laws.

9. Conservation, Development, and Administration of State Forest

1. State forests shall be properly developed, conserved, and utilized;
2. The necessary budget, manpower, and materials shall be provided to state forests so that they shall have their own administration and management compatible with their level of development;
3. Forest development, conservation, and utilization plans shall be formulated to allow the participation of local communities in the development, conservation, and sharing of benefits from the development of state forests;
4. An appropriate preventive and curative measure shall be taken to keep state forests free from pests and disease;
5. Forest resources shall be protected from natural and man-made disasters;
6. Access roads and other facilities shall be constructed within a state forest necessary for the development and conservation of the forest;
7. Forests shall be protected from forest fires, unauthorized settlement, deforestation, and other similar dangers;
8. Conditions shall be facilitated where inhabitants within a state forest may continue living in the forest while participating in the development and conservation of the forest, in a manner that shall not obstruct forest development; or, based on a study and consultation with the appropriate body, they shall evacuate the forest area and settle in other areas suitable for living;
9. State forests shall be administered in accordance with forest management systems, and appropriate technical and related assistance shall be provided so that forest resources are utilized sustainably and serve as sanctuaries for wildlife, protecting forest ecosystems from imbalance and conserving biodiversity;
10. Strong bodies and systems shall be established at federal and regional levels to direct the development, conservation, and utilization of forests sustainably and efficiently.

10. Utilization of State Forests

1. A state forest shall be utilized in accordance with the management plan to be prepared and approved;
2. The utilization of a state forest in accordance with Sub-Article (1) of this Article shall be undertaken by government organizations or persons who are given concessions;
3. Notwithstanding the provisions of Sub-Articles (1) and (2) of this Article, the local community may reap grasses, collect fallen wood, and utilize herbs from a state forest in conformity with the management plan developed for the forest by the appropriate regional body;
4. Notwithstanding Sub-Article (3) of Article 15 of this Proclamation, The harvesting of forest products, grass, and fruit, as well as the keeping of beehives in state forests, may be permitted based on the objective realities of the locality;
5. State forests shall be used to generate income from tourism.

11. Administration of Protected Forests

1. Protected natural forests and forest lands shall be demarcated and conserved for the purpose of environmental protection and the conservation of history, culture, and biodiversity, as well as for field education;
2. Any forest may be designated as a protected forest for the purpose of:
   1. Protecting and improving the status of water bodies, sources of rivers, and catchments;
   2. Conserving rare and endangered endemic plant, animal, and bird species, and genetic resources in general;
   3. Controlling flood and protecting the soil from desiccation, depletion, erosion, and degradation.
3. Data on the size, topography, and species diversity of a protected forest shall be collected and organized for the preparation of a forest management plan to be developed and implemented with the participation of the local community and by taking biodiversity conservation into account;
4. Forestlands designated as protected forests but have no or little plant cover shall be conserved and protected and, as deemed necessary, afforested in accordance with the development plans employed for them;
5. Fast-growing tree species that may be used by the local community for fuel and construction purposes shall be planted around a protected forest to indicate its boundary;
6. The local community may be permitted to keep beehives, produce spices, forest coffee, forage, and the like in a protected forest by providing them forest development and conservation training and technical support.

PART FOUR
MISCELLANEOUS PROVISIONS

12. Prevention of Forest Fire

1. Persons who inhabit, work, or travel in or around a forest shall have the responsibility to, prior to starting a fire, take the necessary precautions by removing inflammable materials from the surrounding area to prevent the spread of forest fire;
2. Any person who is aware of the occurrence of forest fire shall have the duty to immediately report the same to the nearest governmental body and the community or to the Ministry;
3. In the event of forest fire, the nearest appropriate regional body or its representative shall have the duty to take the necessary measures by coordinating and mobilizing governmental, non-governmental, and private organizations operating in the locality, as well as the local community, to extinguish the fire;
4. Governmental, non-governmental, and private institutions operating in the locality or with specific responsibility, as well as members of the local community, shall have the obligation to participate in efforts to extinguish the forest fire.

13. Production and Movement of Forest Products

1. No person shall harvest forest products from a state forest without having the necessary permit from the Ministry or the appropriate regional body;
2. A person who transports forest products from one place to another shall, when requested, have the obligation to show his forest product movement permit to a forest product movement inspector;
3. Where a forest product is seized due to violation of Sub-Article (1) of this Article, and is perishable, the Ministry or the appropriate regional body may sell the product at the current market price and keep the proceeds until a court ruling is given on the case;
4. Forest products being processed, stored, or transported, for which evidence has not been presented to prove that a permit has been given in accordance with this proclamation, shall be presumed to have been obtained in violation of this proclamation.

14. Prohibitions

1. No person may be allowed to cut or use endangered indigenous natural trees from a state forest;
2. The list of endangered indigenous natural trees shall be determined by directives issued by the Ministry;
3. Without prejudice to Sub-Articles (1) and (2) of this Article, unless in possession of written permission from the Ministry or the appropriate regional body, no person shall, within a state forest:
   1. Cut trees;
   2. Settle temporarily or permanently;
   3. Graze domestic animals;
   4. Carry out hunting activity;
   5. Carry cutting saws and any other tools used for cutting trees;
   6. Keep bee-hives or extract honey.
4. No person shall remove natural resources from state forest or undertake any activity that is likely to cause damage thereon;
5. Prior to undertaking large-scale farming, mining operations, road construction, water drilling, irrigation, dam construction, or other similar investment activities or granting licenses for such operations, consultation with and the approval of the Ministry or the appropriate regional body shall be required.

15. Forest Guards and Inspectors of Forest Product Movement

1. Forest guards shall, in accordance with directives given to them by the Ministry or the appropriate regional body, have the power to protect forests against acts committed in violation of Article 14 of this Proclamation;
2. Forest product movement inspectors shall, in accordance with directives given to them by the Ministry or the appropriate regional body, have the powers and duties to:
   1. Inspect, at forest entry or exit points as well as inland and border checkpoints to be identified as appropriate, any means of transport carrying or suspected of carrying forest products;
   2. Require any person who transports, processes, or stores forest products to produce a certificate of origin and destination or any other legal document to this effect;
   3. Seize, together with the culprit, forest products being transported, processed, or stored in violation of the provisions of this Proclamation;
   4. Report immediately to the forest administration office, the Ministry, or the appropriate regional body on the details of forest products seized.
3. Forest guards and inspectors of forest product movement shall, while on duty, have the obligation to wear uniforms, carry identification cards, and show the same upon request.

16. Obligation to Notify and Incentives

1. Any person shall have the obligation to notify any illegal transportation, processing, or possession of forest products to the appropriate body;
2. Informants and persons who seize illegal forest products may be rewarded in accordance with directives to be issued by the Ministry or the appropriate regional body.

17. Powers and Duties of the Ministry

1. The Ministry shall:
   1. Ensure the implementation of this Proclamation and regulations and directives issued hereunder by coordinating the appropriate federal and regional bodies and providing technical support to them;
   2. Follow up and monitor activities of forest development, conservation, and utilization, and based on the information generated, formulate new policy ideas and update as necessary the existing policy, strategy, and law;
   3. Prepare forest technology packages that allow proper utilization of indigenous and foreign knowledge, practices, and technologies on forest development, conservation, and utilization, and provide technical support to enhance the knowledge and skills of forest developers;
   4. Establish a continuous information exchange network with the concerned federal and regional bodies on the current forest status of the country;
   5. Follow up current situations and provide technical support to the Regional States to supply competitive forest products to the world market in addition to meeting the domestic demand.
2. Notwithstanding the powers of each Regional State to administer its forest resources in accordance with Sub-Article (1) of Article 18 of this Proclamation, the Ministry may take over and administer a state forest in cases where:
   1. The forest could not be properly conserved and developed jointly by neighboring Regional States;
   2. It is deemed necessary to administer the forest by the Ministry upon the request of the Regional State; or
   3. It becomes necessary to administer the forest by the Ministry because of its national and international significance.

18. Powers and Duties of Regional States

1. Have the power to administer any state forest in the region in accordance with this Proclamation;
2. Ensure that state forests administered by itself, as well as private forests and forestlands, are identified, demarcated, and legally recognized;
3. Encourage forest development programs that involve the participation of farmers and semi-pastoralists, and provide technical support;
4. Provide technical support to individuals, investors, and governmental and non-governmental organizations, and business organizations engaged in forest development;
5. Disseminate forest technology packages among users, provide technical support, and follow up on their implementation;
6. Regularly monitor and evaluate whether any forest developer who has been given land to develop forest has put the land to the intended use and has implemented the forest management plan;
7. Set and implement rates of royalty for forest products.

19. Forest Product Movement Permit

The list and quantity of forest products that require forest product transportation permits shall be determined by directives to be issued by the Ministry.

20. Penalty

Unless otherwise the offense committed is punishable with greater penalty by the criminal law:

1. Except pursuant to this Proclamation and directives issued hereunder, cuts trees, removes, processes, or uses in any way forest products from a state forest shall be punishable with not less than 1 year and not exceeding 5 years imprisonment and a fine of Birr 10,000;
2. Destroys, damages, or falsifies forest boundary marks shall be punishable with not less than 1 year and not exceeding 5 years rigorous imprisonment;
3. Causes damage to a forest by setting fire or in any other manner shall be punishable with not less than 10 years and not exceeding 15 years rigorous imprisonment;
4. Settles or expands farmland in a forest area without a permit or undertakes the construction of any infrastructure in a forestland without the necessary permit shall be punishable with not less than 2 years imprisonment and a fine of Birr 20,000;
5. Provides assistance in any form to those who illegally cut forest trees or transport forest products, or who hides or takes away the forest products, shall be punishable with 5 years imprisonment and a fine of Birr 5,000;
6. Commits a fault not mentioned from Sub-Article (1) to (5) hereunder, and for which punishment is not imposed, shall be punishable with not less than 6 months and not exceeding 5 years imprisonment and a fine of Birr 30,000.

21. Speedy Trial

1. In case of a flagrant offense committed in violation of this Proclamation, the offender shall be taken immediately to the nearest police station and charged, and the Criminal Procedure Code shall be applied;
2. Illegally obtained forest products, together with the vehicle or pack animal used to transport them, shall be taken to the police station and registered as exhibits;
3. Upon completion of the process under Sub-Article (2) of this Article, the means of transport shall be released and the forest product shall stay seized until a court decision is given thereon;
4. Customs officers or policemen shall have the power to seize and take measures in accordance with this Article in areas where inspectors are not assigned;
5. Courts shall organize special benches or strengthen the regular ones to provide speedy trial for charges brought under this Proclamation.

22. Repeals and Savings

1. The Forest Conservation, Development, and Utilization Proclamation No. 94/1994 is hereby repealed;
2. No law, regulation, directive, or practice shall, in so far as it is inconsistent with this Proclamation, have effect on matters provided for in this Proclamation.

23. Issuance of Laws, Regulations, and Directives

Detailed regulations and directives required for the proper implementation of this Proclamation may be issued by the Council of Ministers and the Ministry, respectively.

24. Effective Date

This Proclamation shall come into force upon publication in the Federal Negarit Gazeta.

Done at Addis Ababa, this 4th day of September, 2007

GIRMA WOLDEGIORGIS
PRESIDENT OF THE FEDERAL
DEMOCRATIC REPUBLIC OF ETHIOPIA