November 8, 2007

Overview of Forest Bill 2007

(Presentation by the Minister of Agriculture with responsibility for Forestry, Hon. Robert M. Persaud, MBA, MP on the Forest Bill 2007)

 

Approximately 76 % of the total land area is forested; of this 166, 377 km2 of total forested area, the Guyana Forestry Commission (GFC) is responsible for the management of 135,800 km2 classified as the State Forest Estate.

 

Commercial forest utilization can be traced back to the initial days of Dutch settlement and colonization of Guyana. There was very little legal or governmental control over forest resource utilization until 1887 when there was the promulgation of the Crown Land’s Ordinance No. 18/1887. A revised version of this Ordinance (1903) provided the legal framework for forest administration up to 1953.

 

By 1950, it was recognized that there was need for a complete re-organization of the forestry sector, and one of the initiatives taken was the passing of the Forest Ordinance No. 15 of 1953 by the Legislative Council in March 1953.

 

The Forests Bill 2007 seeks to replace this currently outdated Forests Act which came into existence some fifty four (54) years ago.

 

The Forest Bill 2007 seeks  to ensure that Guyana’s forest sector continues to contribute to the sustainable development of Guyana and its people, and also meets Guyana’s international obligations under the many conventions and treaties that we are signatory to.

 

Over the past decade or so, sustainable forest management and the need to ensure that forests are used in a manner to ensure economic, social and environmental best practices and implications for global climate stability and climate change, have taken priority status in local, regional and international arenas.

 

These concepts are definitely not reflected in the existing outdated 1953 Forests Act and it was therefore essential that the legislation be revised thoroughly.

 

To ensure that all new and emerging forest issues were captured in this Forests Bill 2007, it was drafted and finalized through an extensive process involving approximately ten (10) years of consultation with relevant stakeholders, regionally internationally and locally, including local communities, Governmental agencies and interest groups.

  

Allow me to highlight some of the many new areas, and even modifications which are contained in the Forest Bill 2007.

 

·        A consolidated effort towards maintaining environmental integrity and social development in communities by using relevant sections of both the Amerindian Act and the Environmental Protection Act 1996.  Specific provisions are made for community forest management agreement and extractive and primary processing forest operations. 

 

·        The Forest Bill 2007 specifically recognizes the importance of ensuring sustainability in forest resource utilization.  Part 2 of the Bill deals with the conditions that must be met by all stakeholders to encourage and ensure implementation of sustainable forest management practices. 

 

·        Forest concession agreements are categorized into specific size classes.  More importantly, the system for granting and renewal of these agreements is much more systematic and transparent in keeping with international best practices. 

 

·        The Forest Bill 2007 makes it mandatory for the submission of Annual and Management Plans of Operation for larger concessions and stipulates that all harvesting activities are to be done in compliance with approved Plans. 

 

·        The Forest Bill allows for competitive bidding in the forest area allocation process in the event of multiple applications, thereby further improving transparency of the process.

 

·        The Bill also allows for the issuance of use permits for scientific research, education, training, recreation, eco tourism, etc.  It reaffirms the Government Policy of multiple uses of the forest resources in accordance with best land use options and practices.

 

·        The Forest Bill 2007 also provides communities with a clear means of acquiring and securing rights to manage and benefit from neighboring forest areas and whilst ensuring sustainability, stimulating income generation and fostering environmental stability. 

 

·        Importance is given to areas such as carbon credits for standing forest, afforestation, occupational health and safety, forest conservation, maintenance of soil and water quality, and preserving biological diversity.  The aspect of forest conservation is especially important and appropriate given that approximately 48% of the total State Forest is at present still unallocated pristine forest. 

 

·        The Bill allows for the management of forestry activities through the use of Codes of Practice which will be drafted in a consultative manner and in keeping with international best practices. 

 

·        Pricing below the true market value is also addressed in the Bill, with specific provisions to guard against this practice. 

 

·        The clauses on forest offences and the recourse which may be taken are also strengthened to reflect more severe penalties for abuse of power, negligence and misconduct. 

 

·        The Forest Bill also provides a robust mechanism to regulate and approve change in ownership and effective control of allocated leases. Any change in ownership or effective control over------ has to be approved by the GFC following appropriate due diligence processes which are clearly articulated.

 

Mr. Speaker, I have just outlined broadly some of the objectives of the draft Bill.

 

A World Bank team has also reviewed the Forest Bill and stated that it represents a substantial improvement over the existing Act and is considered to be of high regional standard.

 

It is also important to note, that the Forest Bill 2007 is not meant in any way, to be a replacement of the draft of 2004. Rather, it is a refinement, condensation, and reorganization of the 2004 Draft making it a much more coherent and user friendly document.  

 

Also, the Bill proposes to ensure that the forest resources are managed in accordance with relevant provision of the Constitution of Guyana. On that note I am advised that article 36 of the constitution (in the 1980 and the new Constitution) is not justiciable and a mere statement of declaration; it imposes no duty.

 

Mr. Speaker, I have heard and read several statements regarding the Bill. As such, on September 18^th at a public form I announced that in the interest of greater stakeholder involvement and contribution by members of the Assembly, the Government intends to refer the Bill to a special Select Committee for consideration for no more than two months. This is the course of action I wish to advise the Assembly of today. I am sure that the entire Assembly will have the opportunity to debate the report of the Committee when it is presented. 

 

 

 

 

 

 

 

 

COMMENTS ON PETITION TABLED BY AFC ON BEHALF OF  PETITIONERS

 

1.                  Item 3 – The Forest Bill 2007, Part 2, specifically addresses sustainable forest management of the State Forest Estate of Guyana.  The maintenance of biological diversity and eco system services and functions, along with other relevant areas of sustainable forest development, are captured in this Section and responsibility is placed on the GFC to ensure that the forest resources are granted, utilized and managed in such a manner to ensure that the integrity of these are maintained. 

 

2.                  Item 4 - Guyana is a signatory to many international agreements including the Convention on Biological Diversity, and CITES.  The Forest Bill 2007, instead of just making specific mention to these two Conventions seeks to go many steps further which are to mandate forest users/concession holders to abide by GFC Codes of Practices, set principles of Sustainable Forest Management among many others.  It should be noted that these are and will continue to be set in keeping with international guidelines and best practices.  Guyana is also signatory to the following international treaties and conventions: the International Tropical Timber Agreement (1994), The Amazon Cooperation Treaty (1978), the Rio Declaration on Environment and Development (1992), and others.  To single out any specific Treaty/Convention is unnecessary as the activities of the Commission will be guided by these.  In addition, the Forest Bill 2007 also makes direct reference to the Amerindian Act and the EPA Act.  It is also unnecessarily burdensome to specifically address each treaty and convention which applied to Forestry and the environmental in the forest Bill since what may result is a convoluted and unclear document.  The Forest Bill 2007 in Section Part 2, Section 5, Subsection C specifically recognizes the Mining Act and harmonizes the land uses functions of forestry and mining.  There is therefore no ambiguity or duplication that may arise. 

 

3.                  Item 5 - The draft Forest Bill 2004 was an extremely lengthy and burdensome document with many provisions which are more fitting for the Regulations.  The Forest Bill 2007, dedicates an entire part – Part 2 to sustainable forest management and towards ensuring that sustainable development prevails in forest management and regulation.  To say that it is not in keeping with international best practices is not accurate, since the Forest Bill 2007 in Section 35 which addresses the drafting and implementation (following a thoroughly comprehensive process) Codes of Practice for forest activities.  The have in the past and will continue to be drafted using international best practices.  It should be noted that the Current Code of Practice of Forest Operations has been recognized as one which is in keeping with both FAO’s and ITTO’s guidelines for sustainable forest management.  This is just one example to quote. 

 

It is also important to note, that the Forest Bill 2007 is not meant in any way, to be a replacement of the draft Forest Act, 2004. Rather, it is a refinement, condensation, and reorganization of the 2004 Draft making it a much more coherent and user friendly document.  In addition, the 2004 Draft was overly burdensome because it embodied matters which were best suited to be in subsidiary legislation such as Regulations.  Given the current structure and content of the Forest Bill 2007, a compact and more technically sound proposed piece of legislation is before us.   

 

4.                  Item 6 (1) – The Forest Bill 2007 has indeed been crafted to meet international best practices covering new and emerging areas as well as several appropriate long standing important forest sector areas.  Among these are: multiple use function of the forest, encouraging sustainable development of community forestry areas, conservation consideration, health and safety stipulations, afforestation, and protection of biological diversity among many others addressed in Part 2 and throughout the Forest Bill 2007. 

 

5.                  Item 6(II) – The Forest Bill 2007 makes reference to several associated, relevant pieces of existing legislation: the Amerindian Act, the EPA Act and the Mining Act.  A consolidated effort towards maintaining environmental integrity and social development in communities by using relevant sections of both the Amerindian Act and the Environmental Protection Act 1996.  Specific provisions are made for community forest management agreement and extractive and primary processing forest operations. 

 

 

6.                  Item 6 (III) – It should be noted that this Bill must be read in conjunction with the Guyana Forestry Commission Bill approved in Parliament earlier this year.  This Act makes clear provision for administrative function of the GFC.  In addition, the Forest Bill 2007, allows for the independence of the Commission in carrying out its duties under policy direction of the Minister. Excessive administrative discretion is limited since all procedures have an outlined mechanism to be followed, e.g in the case of land revocation, there is a thorough procedure to be followed as in Section 18 (1). 

 

7.                  Item 7 – there are no negative implication of the Forest Bill.  Instead, the Forest Bill 2007 provides an important and timely piece of legislation which is necessary to ensure that Guyana’s forest sector continues to contribute to the sustainable development of Guyana and its people, and also meets Guyana’s international obligations under the many conventions and treaties that we are signatory to.

 

8.                  Item 8, p and 10 – A full revision is unnecessary, and should be assessed as it stands as a Bill which is comprehensive and address all necessary aspects to ensure an efficient, sustainable and modern forest sector in Guyana.

 

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