Government submits forestry bill to House<\/p>\n
JAKARTA (JP): The government submitted a draft bill on
\nforestry to the House of Representatives on Monday despite
\nappeals for its postponement until the new legislature is sworn
\nin.<\/p>\n
Minister of Forestry and Plantations Muslimin Nasution said
\nthe draft legislation, designed to replace the 1967 law, would
\nallow for greater participation of cooperatives and provincial
\nadministration-owned companies in managing forest resources.<\/p>\n
Under its stipulations, concession holders will be obliged to
\nprovide a performance bond or bank guarantee in an amount
\ncommensurate with the potential yield of each concession area in
\norder to ensure that forest areas are managed in a sustainable
\nmanner.<\/p>\n
The bill also recognizes class actions against companies and
\nparties charged with damaging forests and causing losses to local
\npeople.<\/p>\n
It stipulates that any parties found responsible for damaging
\nforests and involvement in the illegal timber trade are liable to
\na maximum criminal penalty of a 10-year imprisonment and a fine
\nup to Rp 1 billion.<\/p>\n
The bill also rules that concession holders shall be held
\nresponsible for forest fires in their concession areas, meaning
\nthey will be considered culpable unless they can provide evidence
\nproving their innocence.<\/p>\n
"Based on experience, we could not adopt the presumption of
\ninnocence in the case of forest fires. So the onus will lie with
\ntimber companies in the event of forest fires in their concession
\nareas," Muslimin said.<\/p>\n
The bill also specifically outlines the rights of local people
\nliving near forest concessions, including their participation in
\nlogging activities.<\/p>\n
"The bill also stipulates that the government shall seriously
\nconsider the rights of local people before granting forest
\nconcessions," Muslimin said.<\/p>\n
"Section VIII of the bill specially recognizes the existence
\nof local tribes and their rights in managing the forest."<\/p>\n
However, he said that the bill did not specifically provide
\nguidelines for the granting of concession rights, which was
\naddressed in Government Regulation No. 6\/1999.<\/p>\n
"This regulation has set a maximum limit for concession areas
\nthat can be awarded to a company and a business group in
\nparticular provinces and the term of concession rights."<\/p>\n
The bill also does not stipulate specific provisions on the
\ndecentralization of licensing related to forest management. It
\nstates that the central government will delegate the
\nadministration of "several aspects of forest management to local
\nadministrations".<\/p>\n
Legislator Umbu Mehang Kunda, who chairs House Commission III
\nfor agriculture, forestry and plantations, transmigration and
\nfood affairs, said he was optimistic the bill could be passed
\ninto law before the end of the current legislative term in late
\nAugust.<\/p>\n
"I think we can finish the debates before the recess period
\nbecause the bill has addressed almost all issues in forestry
\nsector."<\/p>\n
He said the government and the House would not accede to the
\ncalls to postpone or cancel the bill's deliberation.<\/p>\n
"We are open to input from any parties for improving the
\nforestry bill. But nobody can force us to cancel deliberating the
\nbill."<\/p>\n
Umbu said legislators did not intend to automatically pass the
\nbill, adding that newly elected House members would have to take
\nup its deliberation if it could not be completed next month.<\/p>\n
Former environmental ministers, analysts and environmentalists
\nhave urged the government to revise the bill because it focuses
\non aspects of forest exploitation and not forest preservation.<\/p>\n
They argued that pushing the bill through the House would not
\nproduce legislation required to ensure sustainable forest
\nmanagement.<\/p>\n
They recommended that the new House resulting from the June 7
\ngeneral election be entrusted to deliberate the bill.(gis)<\/p>",
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