New institutional approach to collaborative forest planning on public land: Methods for analysis and lessons for policy
Highlights
► The paper combines legal analysis with qualitative data from two case studies. ► Lack of regulation creates inconsistency between planning processes by one agency. ► The more general the formal regulations, the more important informal norms become. ► New institutional analysis helps to identify dynamics and challenges in planning. ► Collaborative planning needs to be supported by adequate institutions.
Introduction
Collaborative planning has become an increasingly popular approach in environmental decision-making, particularly in situations where there are multiple actors with conflicting interests (Wondolleck and Yaffee, 2000). Different collaborative arrangements vary in terms of objectives, outcomes and the degree and form of input from the different actors. Here collaborative planning is understood as a policy process that engages the participants in face-to-face dialogue with one another and with decision makers in order to seek mutually acceptable outcomes (Innes and Booher, 2000).
There are differences between jurisdictions in how collaborative planning is regulated, ranging from extensive legislation to voluntary or self-regulated undertakings (Boswell Franklin, 1998, Mäkinen, 2007). The regulatory context has consequences for the planning alternatives available to management agencies and for the leverage of the different stakeholders, and international research shows that successful participation and integration of diverse interests in planning depends to a significant extent on sufficient legislation and enforcement mechanisms (Boswell Franklin, 1998, Sinclair and Doelle, 2003). Yet research on collaborative environmental planning has been criticised for focusing too much on negotiations and bargaining “around the table” at the expense of the regulatory framework and other structural factors “outside the dialogue” (Fischler, 2000, Hillier, 2003).
The purpose of this paper is to analyse the relationship between collaborative planning and its regulatory context in two cases of collaborative forest planning on state-owned land in Finland. An increasingly diverse mix of actors from all levels of governance interacts in the policy formulation for publicly owned forests that cover one quarter of the productive forest land in Finland. Since mid-1990s, Metsähallitus (the Finnish Forest and Park Service), the agency which manages public land, has used Collaborative Natural Resource Planning (NRP) in order to mitigate conflicts and improve the legitimacy of state forestry. In the county of Kainuu, the forest debate has focused around employment provided by forestry vis-à-vis the protection of the remaining old-growth forests. In Northern Lapland, the central goal of NRP has been to reconcile the needs of timber production with the reindeer husbandry of the indigenous Sámi people, but the processes have been plagued with conflict. The focus of this paper is on the role that regulatory structures have played for the strategies and decisions of the agency in these two cases, and for the role of the participants in the NRP processes.
The paper draws on the theory of new institutionalism (NI), which provides a fruitful platform for combining a legal analysis of regulations with the qualitative analysis of the consequences of the regulations for collaborative planning (Hay, 2002, Peters, 2005). NI draws attention to the interplay between the regulatory system and the social system at large, providing insights for developing both regulation and the practices of environmental management.
Section snippets
New institutional theory and collaborative planning
The theory of new institutionalism has gained increased attention in the past decade in the study of environmental management and change, both in social sciences and in law (Hukkinen, 1999, Young et al., 2008). New institutionalism emphasises the role that structures play in determining individual behaviour as well as the outcome of political processes. By providing better opportunity structures to some strategies while discouraging others, institutions create a greater regularity in human
Data and methodology
This paper is based on ten years of research into the collaborative planning processes developed by Metsähallitus (see Raitio, 2008). The formal institutions were analysed using methods of jurisprudence, while qualitative analysis of policy documents and interviews were used to detect the more subtle informal institutions. The legal analysis covered relevant laws, orders, government bills and other legislative history regarding state forests and NRP, in particular the State Enterprise Act
Metsähallitus as a state enterprise
As a state enterprise, Metsähallitus has a statutory task to carry out profitable business in timber sales and other natural resources. However, this must happen within the limits set by ecological sustainability and a number of so-called societal obligations defined in the Act on Metsähallitus, including employment, recreation, reindeer herding and the prerequisites of the indigenous Sámi culture in northernmost Finland. With these statutory tasks, Metsähallitus is in practice responsible for
Kainuu case study
Kainuu is a county situated in north-eastern Finland, half the size of Denmark (24,452 km2) and with a population of 90,000. Kainuu has been heavily dependent on the forestry and is plagued with high unemployment, making forest conservation a contested issue. Metsähallitus chose Kainuu, where the state owns 44 per cent of the forests, as the pilot area for introducing NRP in 1995. At the time a government-led process was also taking place to identify and protect the most valuable old-growth
Case study of Northern Lapland
In Northern Lapland a small population of 11,000 people is spread over a vast area of 27,775 km2, of which 90 per cent is owned by state. In addition to forestry and tourism, reindeer husbandry is the most important forest-dependent livelihood in this area situated at the northern timberline between the boreal forest and the hemi-arctic zone. Reindeer herding is practised by both ethnic Finns and Sámi in joint reindeer herding cooperatives (RHC), but it enjoys special legal protection as a
Impacts of non-regulation of Natural Resource Planning
The loose legal requirements for consultation and the lack of a substantive binding regulation regarding NRP allow a lot of leeway for Metsähallitus in designing the planning process and in integrating the diverse actors in its decision-making. The four collaborative NRP processes described here show considerable variation in what role Metsähallitus has chosen to give to stakeholders during the process.
During the first NRP in Kainuu, Metsähallitus withheld a majority of decision-making power
Conclusions: why institutions matter in collaborative planning
In this article, I have combined the analysis of formal and informal institutions and qualitative case studies to analyse the role institutional factors play in the process design and outcome of collaborative forest planning. As the presented analysis of Finnish state forestry shows, the formal and informal regulatory structures in which planning is embedded are of profound importance for the role collaboration can play. In its current form, the institutional framework reinforces the path
Acknowledgements
This article has been written as part of the projects “Conflict over consensus – the potential and limits of collaborative environmental management” (Academy of Finland project no XWA07093), “Regulatory regime of integrated forest governance” (Academy of Finland project no 138383) and “Integrative forest governance in Finland and Sweden” (University of Eastern Finland). The author wishes to thank the anonymous reviewers for their helpful comments to an earlier version of the article.
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