House deliberates new bill on forestry<\/p>\n
By Sylvia Gratia M. Nirang<\/p>\n
JAKARTA (JP): Minister of Forestry and Plantations Muslimin
\nNasution might not need to cross a rocky road in his quest to
\nsecure approval for the government-sponsored forestry bill from
\nthe House of Representatives.<\/p>\n
Despite strong protests from environmentalists, non
\ngovernmental organizations (NGOs) and former ministers,
\ndeliberation of the bill ran smoothly.<\/p>\n
Former director general of forest utilization, Titus
\nSarijanto, who headed a team in charge of preparing the bill said
\nthe House was expected to pass the bill into law some time this
\nweek, earlier that the targeted \"before the end of the current
\nlegislative term of Sept. 24.\"<\/p>\n
\"Debates are now mostly centered on the wording of the bill,\"
\nTitus said.<\/p>\n
The bill submission to the House on July 19 was marked by
\nstrong protest from NGOs, which said the bill, in addition to
\nlacking empowerment measures for local people, also failed to
\nspell out the need to follow international conventions on
\nforests, biodiversity and the global climate.<\/p>\n
They said the bill's debate should be delayed until new
\nmembers of the House were appointed in late September, in order
\nto give more time to the government to gain input from forest
\nconcessionaires.<\/p>\n
However, the government refused to delay the debate saying the
\npostponement of House debate on the bill would mean a delay in
\nimplementation of the forest law, which would be unacceptable.<\/p>\n
According to Muslimin, the House made the first call in 1980
\nfor a new forestry law, saying that the existing 1967 Forestry
\nLaw was no longer able to protect the country's forestry areas,
\nmany of which were being devastated by fire.<\/p>\n
In response to the call, the Ministry of Forestry and
\nPlantations, which at that time was still named the Ministry of
\nForestry, together with concerned agencies drafted the bill.<\/p>\n
The draft submitted to the House on July 19 is the 18th draft,
\nMuslimin said.<\/p>\n
Muslimin said drafting of the new bill started in 1988 and
\ninvolved many experts, representatives of various governmental
\noffices, environmentalists, NGOs, local and international
\nconsultants of forestry and the environment, businesspeople,
\nprofessional organizations, academics and legislators.<\/p>\n
\"So it's not true that the bill was drafted without taking
\ninto account inputs from the public,\" he said referring to a
\ncomplaint from NGOs saying that the bill was drafted without
\ntaking into account public inputs.<\/p>\n
Muslimin said the draft legislation, submitted to the House on
\nJuly 19 would allow for greater participation of cooperatives and
\nprovincial administration-owned companies in managing forest
\nresources.<\/p>\n
Under its stipulations, concession holders would 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 were 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
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
Under the regulation, concession areas of each timber
\ncompanies would be limited to 100,000 hectares in each province
\nor 400,000 hectares nationwide.<\/p>\n
Article 31 of the bill stated that the maximum limit of the
\nforest concession would be determined in a government regulation.<\/p>\n
\"This regulation will 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
In the debates, the House's four factions -- the ruling Golkar
\nParty, the United Development Party (PPP), the Indonesian
\nDemocratic Party (PDI) and the Indonesian Military -- said the
\nbill was unclear about the central government's and provincial
\nadministrations' roles in managing the forests.<\/p>\n
\"In its present form, the bill is like a blank check which
\ncould be filled in anyway the government wished. This bill
\nindicates that the central government is still half-hearted in
\nawarding local administrations greater autonomy in forest
\nmanagement,\" Ignatius Mulyono, the spokesman for the military
\nfaction, said during the general debate on the bill.<\/p>\n
Erham Amin of the Golkar faction said the implementation of
\nthe bill should comply with the intergovernmental fiscal balance
\nto ensure local administrations and the people benefited from the
\nnatural wealth in their areas.<\/p>\n
The unfair distribution of revenue has led to separatist
\nrumblings in some resource rich provinces. People have also
\nbecome increasingly angry by what they see as timber companies'
\ngreed for forest resources and disregard for the welfare of
\nlocals.<\/p>\n
Local tribes<\/p>\n
Muslimin said the bill also specifically outlines the rights
\nof local people living near forest concessions, including their
\nparticipation in logging 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
Many NGOs objected the bill, saying that the bill, like the
\nexisting forestry law, had failed to outline local tribes' rights
\nin managing the forest.<\/p>\n
Section eight of the bill specifically recognizes the
\nexistence of local tribes and their rights in managing the
\nforest. But their existence will be recognized by the say-so of
\nlocal administrations.<\/p>\n
\"This may create injustice,\" Longgena Ginting, head of Forest
\nAdvocacy Department of the Indonesian Forum for Environment
\n(Walhi) said. Walhi is one of the NGOs that objected the law.<\/p>\n
Hasanu Simon of the Forestry Community Communication Forum
\n(FKKM) said the government should give official recognition to
\nlocal tribes' rights by making recognizing their forest as \"folk
\nforest\".<\/p>\n
Forest fires<\/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 should a fire break out unless
\nthey can provide evidence proving 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
In further progress of the deliberation, the House and the
\ngovernment has agreed to impose tougher sanctions on companies
\nviolating a government ban on the use of fire to clear land and
\nforest.<\/p>\n
They agreed to threaten company officials clearing land by
\nfire with a maximum 15-year jail term and a fine of up to Rp 5
\nbillion.<\/p>\n
The House's four factions said negligence by company officials
\nwhich led to fires in their forestry concessions would incur
\nmaximum jail terms of five years and a fine of up to Rp 1.5
\nbillion.<\/p>\n
The smooth deliberation of the bill had sparked rumors that
\nthe government had used the reforestation funds in the ministry
\naccount to bribe the legislators.<\/p>\n
Muslimin, however, blasted the accusation saying that it was
\nbaseless as all of the funds had been transferred to the state
\nbudget.<\/p>",
"url": "https:\/\/jawawa.id\/newsitem\/house-deliberates-new-bill-on-forestry-1447893297",
"image": ""
},
"sponsor": "Okusi Associates",
"sponsor_url": "https:\/\/okusiassociates.com"
}