Government submits forestry bill to House

Government submits forestry bill to House

JAKARTA (JP): The government submitted a draft bill on
forestry to the House of Representatives on Monday despite
appeals for its postponement until the new legislature is sworn
in.

Minister of Forestry and Plantations Muslimin Nasution said
the draft legislation, designed to replace the 1967 law, would
allow for greater participation of cooperatives and provincial
administration-owned companies in managing forest resources.

Under its stipulations, concession holders will be obliged to
provide a performance bond or bank guarantee in an amount
commensurate with the potential yield of each concession area in
order to ensure that forest areas are managed in a sustainable
manner.

The bill also recognizes class actions against companies and
parties charged with damaging forests and causing losses to local
people.

It stipulates that any parties found responsible for damaging
forests and involvement in the illegal timber trade are liable to
a maximum criminal penalty of a 10-year imprisonment and a fine
up to Rp 1 billion.

The bill also rules that concession holders shall be held
responsible for forest fires in their concession areas, meaning
they will be considered culpable unless they can provide evidence
proving their innocence.

"Based on experience, we could not adopt the presumption of
innocence in the case of forest fires. So the onus will lie with
timber companies in the event of forest fires in their concession
areas," Muslimin said.

The bill also specifically outlines the rights of local people
living near forest concessions, including their participation in
logging activities.

"The bill also stipulates that the government shall seriously
consider the rights of local people before granting forest
concessions," Muslimin said.

"Section VIII of the bill specially recognizes the existence
of local tribes and their rights in managing the forest."

However, he said that the bill did not specifically provide
guidelines for the granting of concession rights, which was
addressed in Government Regulation No. 6/1999.

"This regulation has set a maximum limit for concession areas
that can be awarded to a company and a business group in
particular provinces and the term of concession rights."

The bill also does not stipulate specific provisions on the
decentralization of licensing related to forest management. It
states that the central government will delegate the
administration of "several aspects of forest management to local
administrations".

Legislator Umbu Mehang Kunda, who chairs House Commission III
for agriculture, forestry and plantations, transmigration and
food affairs, said he was optimistic the bill could be passed
into law before the end of the current legislative term in late
August.

"I think we can finish the debates before the recess period
because the bill has addressed almost all issues in forestry
sector."

He said the government and the House would not accede to the
calls to postpone or cancel the bill's deliberation.

"We are open to input from any parties for improving the
forestry bill. But nobody can force us to cancel deliberating the
bill."

Umbu said legislators did not intend to automatically pass the
bill, adding that newly elected House members would have to take
up its deliberation if it could not be completed next month.

Former environmental ministers, analysts and environmentalists
have urged the government to revise the bill because it focuses
on aspects of forest exploitation and not forest preservation.

They argued that pushing the bill through the House would not
produce legislation required to ensure sustainable forest
management.

They recommended that the new House resulting from the June 7
general election be entrusted to deliberate the bill.(gis)