CChharacteriaracterisstictics of the forest property; advantages s of the forest property; advantages and disadvantages of the restitution process in the and disadvantages of the restitution process in the

rural communities perspectiverural communities perspective

Bianca DumitrescuBianca Dumitrescu

InstitutInstitutee ofof Geogra Geographyphy

Romanian AcademyRomanian Academy

I.I. The evolution of forest propertyThe evolution of forest property

II. The process of forest restitution in the rural communities perspectiveII. The process of forest restitution in the rural communities perspective

- - The The LLawaw

- - The “The “ObşteObşte””

- - The relationship between owners and local authoritiesThe relationship between owners and local authorities

- - The relationship between owners and forestersThe relationship between owners and foresters

THE EVOLUTTHE EVOLUTIION OFON OF FOREST FOREST PROPPROPERTYERTY

The eThe evoluvoluttiion of on of forest property from Ancient timesforest property from Ancient times toto 1918 1918

a)a) The Roman period:The Roman period:

- forests were- forests were decla declaredred ager publicusager publicus ( (public goodspublic goods));;

- - the the exploexploiitatation was made by Sylvic Colleges and by so–called tion was made by Sylvic Colleges and by so–called procuratores saltamosprocuratores saltamos;;

- very few forests were included as private property- very few forests were included as private property

b) b) The period of principalitiesThe period of principalities

- - “dev“devăălmlmăşăşie” (common) form of propertyie” (common) form of property

- - royal propertyroyal property

c)c) The feudal and modern periodThe feudal and modern period

- the property- the property of monasteries of monasteries and the laic property of great owners developed at the same and the laic property of great owners developed at the same timetime ( (through through donadonationstions, ab, abusesuses))

- - in 1863 the state became owner of forestsin 1863 the state became owner of forests →→The Secularization LawThe Secularization Law

- - The The LaLaww n noo.19/1898 .19/1898 stipulated the administration by the state of all forestry areas which stipulated the administration by the state of all forestry areas which had belonged to collectivities that couldn’t afford technical administrative staffhad belonged to collectivities that couldn’t afford technical administrative staff

- - the the conceptconcept of of s syylviclvic regime regime – – promulgation ofpromulgation of S Syylvic lvic Code Code in 1881in 1881

-- the Sylvic Code the Sylvic Code in 1910 – individual in 1910 – individual property appears property appears → → fragmentation of forests fragmentation of forests

The period between WarsThe period between Wars - 1948 - 1948

One year after The First World War the democratic power of Great Romania One year after The First World War the democratic power of Great Romania recognized the right of property upon forests (property which had resulted from the recognized the right of property upon forests (property which had resulted from the historic evolution until 1918)historic evolution until 1918)

The Law of AgricultureThe Law of Agriculture from Julyfrom July 192 19211 produced a structural changeproduced a structural change regarding regarding the forest property especially inthe forest property especially in Transilvania, Banat, Crişana Transilvania, Banat, Crişana andand Maramureş ( Maramureş (to to restore peasants rightsrestore peasants rights) ~ ) ~ many clearings were made in order to create pasturesmany clearings were made in order to create pastures

During the between-wars period, the forest fund was reduced in general with During the between-wars period, the forest fund was reduced in general with approximatelyapproximately 1.3 mi 1.3 mil. l. haha

After The Second World War After The Second World War RomRomaania nia lostlost 1.9 mil. ha. 1.9 mil. ha. of forests; The 1943 Law of forests; The 1943 Law regarding the completion of forestry domain focused also on regarding the completion of forestry domain focused also on forestation of forestation of degraded landsdegraded lands

Through theThrough the 1945 1945 Land RLand Reform, eform, somesome individuals individuals were given small forest lots.were given small forest lots.

Becoming aware of the threat of the nationalization process the great forest owners Becoming aware of the threat of the nationalization process the great forest owners sold totally or partially their forestry fund (they sold small forest lots to peasants)sold totally or partially their forestry fund (they sold small forest lots to peasants) ~ ~ an an excesivexcesive fragmentation resultede fragmentation resulted;;

In 1947 one could observe the following situation:In 1947 one could observe the following situation:

The domination of two main categories of forest properties: the small ones till 10 The domination of two main categories of forest properties: the small ones till 10 ha and the medium or great size propertiesha and the medium or great size properties

Due to the high degree of fragmentation of forests (a great number of properties Due to the high degree of fragmentation of forests (a great number of properties having less than 5 ha) forests were administrated by The Autonomous House of having less than 5 ha) forests were administrated by The Autonomous House of State ForestsState Forests

Communist periodCommunist period

The Nationalization process began in 1948 – all forests belonging to physic or The Nationalization process began in 1948 – all forests belonging to physic or juridic persons were nationalized – they became juridic persons were nationalized – they became people’s goodspeople’s goods

AAddvantavantaggeess:: The pace of reducing the forest fund was considerably slowed downThe pace of reducing the forest fund was considerably slowed down;; between between

1948-1956 all forests entered in a planning program, they suffered a rehabilitation 1948-1956 all forests entered in a planning program, they suffered a rehabilitation process in process in 3-4 stages; 2.8 mil. ha were reforested.3-4 stages; 2.8 mil. ha were reforested.

The growth of access to the forest fund through the roads building process.The growth of access to the forest fund through the roads building process.

DDiissaaddvantavantaggeess:: The violation of property rights;The violation of property rights; Rural communities didn’t benefit from the construction of the great wood Rural communities didn’t benefit from the construction of the great wood

factories;factories; Brutal exploitation of the forests that belonged to the old owners;Brutal exploitation of the forests that belonged to the old owners; The diminutionThe diminution of of biodiversitbiodiversity andy and stabilit stabilityy..

Transition periodTransition period

LLawaw n noo. 18/1991 – . 18/1991 – restitution of one hectare of forest per person for old owners.restitution of one hectare of forest per person for old owners. Ten thousands of hectares were felled, not taken cared of or not rehabilitated Ten thousands of hectares were felled, not taken cared of or not rehabilitated

properly;properly; Forests and sylviculture entered in regressionForests and sylviculture entered in regression;;

LLawaw n noo. 169/1997 . 169/1997 admitted the depositions of requests in order to reinforce the admitted the depositions of requests in order to reinforce the right of property upon forest areas;right of property upon forest areas;

LLawaw n noo. 141/1999 . 141/1999 regulated the sylvic regime and the forest fund administration;regulated the sylvic regime and the forest fund administration;

LLawaw n noo. 1/2000 reconstitu. 1/2000 reconstituted the right of property upon forests situated in the old ted the right of property upon forests situated in the old sites (10 ha);sites (10 ha);

LLawaw n noo. 66/2002 . 66/2002 regarding the juridical statute of forestry lands (100 ha);regarding the juridical statute of forestry lands (100 ha); LLawaw n noo. 247/2005. 247/2005

Nowadays there are twice the number of owners than in 1930;Nowadays there are twice the number of owners than in 1930; From the 6 mil. forests owned by the state,From the 6 mil. forests owned by the state, 50% ar 50% are to be restituted.e to be restituted.

The PThe Procesrocess of forest restitution from the perspective of rural communitiess of forest restitution from the perspective of rural communities

A very good processA very good processIIt was the property of citizens / They have given to you what belonged to you t was the property of citizens / They have given to you what belonged to you The old people dreamed of becoming owners againThe old people dreamed of becoming owners againIt is a good thing that the forest is restituted, it is helpful for the household It is a good thing that the forest is restituted, it is helpful for the household otherwise people don’t have enough resources to make their living.otherwise people don’t have enough resources to make their living.

A complicated, unstable processA complicated, unstable process

It wasn’t fairly doneIt wasn’t fairly done- - the entire area that should have been restituted was not given backthe entire area that should have been restituted was not given backFor those with a great area it was a good thing, for ordinary owners……For those with a great area it was a good thing, for ordinary owners……

- - it wasn’t restituted on the old siteit wasn’t restituted on the old site

- - the true owners didn’t take their forest backthe true owners didn’t take their forest back

- - the forest was also given to people that weren’t ownersthe forest was also given to people that weren’t owners

The lawThe law a) a) It wasn’t goodIt wasn’t goodThe first law was bad. They gave forest properties to people who have never been forest The first law was bad. They gave forest properties to people who have never been forest owners.owners.

- - some people received onlysome people received only 1ha 1ha ― ― from thefrom the 5ha+80 ha 5ha+80 ha iin obşten obşteAlthough I owned such a great area I am forcedAlthough I owned such a great area I am forced to buy woodto buy wood

- - many papersmany papers A lot of maps, papers and a lot of troubleA lot of maps, papers and a lot of trouble

- - the expenses on papers and other worksthe expenses on papers and other works- - the fear of taxesthe fear of taxes

b) b) The law is good but nobody applies itThe law is good but nobody applies it

UncertaintyUncertainty of of prop propeertrtyy Great fragmentationGreat fragmentation High cost of forest administration and wood transportHigh cost of forest administration and wood transport

The The ObşteObşte

1.1. At At ChiojduChiojdu – the – the ObşteObşte has already been formed has already been formed

- general- generallyly, , the inhabitants received forest propertiesthe inhabitants received forest properties

- - only a part of the property was restitutedonly a part of the property was restituted

2. 2. At At Dorna CandrenilorDorna Candrenilor - the - the ObşteObşte hasn’t been formed yet hasn’t been formed yet There is no control on obThere is no control on obşteşte

I feel that it doesn’t really belong to meI feel that it doesn’t really belong to me – – the owner can’t exploit itthe owner can’t exploit it

IIn obşte n obşte the best situation is for those who cannot manage themselves.the best situation is for those who cannot manage themselves. Others were not even interestedOthers were not even interested The lots weren’t measuredThe lots weren’t measured Many people don’t know about obMany people don’t know about obşteşte leadership leadership The meetings of the Management Council seldom happen and are never The meetings of the Management Council seldom happen and are never

announcedannounced

ProfitProfits correspond to the areas correspond to the area

- - a price is put on each fielda price is put on each field

- - there are mostly small profitsthere are mostly small profits

Each owner contributes with a sum of money forEach owner contributes with a sum of money for obşte obşte functioning functioning

- - for for marmarking actionsking actions, , for guardingfor guarding, , for rangersfor rangers

- - the money is reinvested in plantingthe money is reinvested in planting

There are people who don’t know that There are people who don’t know that obşteobşte activity is supported financially activity is supported financially

ThThee relationship between owners and local relationship between owners and local authoritiesauthorities

The opinions are sharedThe opinions are shared

1. 1. some people declare that the Town Hall is taking care of their interestssome people declare that the Town Hall is taking care of their interests

- - The mayor can help us because he has relationsThe mayor can help us because he has relations

2. 2. others declare that their relationship with the Town Hall isn’t very goodothers declare that their relationship with the Town Hall isn’t very good

- - People don’t gather anymore for meetings or to discuss certain problemsPeople don’t gather anymore for meetings or to discuss certain problems a at the t the Town Hall; the Town Hall doesn’t know the community’s problems anymoreTown Hall; the Town Hall doesn’t know the community’s problems anymore

The relationship between owners and forestersThe relationship between owners and foresters

a) a) Generally they don’t careGenerally they don’t care b) b) They focus only on their own interestsThey focus only on their own interests

The old people are still preoccupied / The young people are generally looking for The old people are still preoccupied / The young people are generally looking for advantagesadvantagesThe young people were more merciful before but now they bring the disasterThe young people were more merciful before but now they bring the disaster

The foresters are of two kindsThe foresters are of two kinds, , some are correct, others are corruptedsome are correct, others are corrupted

Forests aren’t monitoredForests aren’t monitored, , uncontrolled exploitationuncontrolled exploitation A too large area for one rangerA too large area for one ranger It is very difficult to guard the forest and that isIt is very difficult to guard the forest and that is why they are stealingwhy they are stealing

Foresters should be changedForesters should be changed, , otherwise they learn quickly all the places and the otherwise they learn quickly all the places and the trickstricks

FForests don’t cryorests don’t cry and don’t say anything to anybodyand don’t say anything to anybody