Critical Observations on the Native Forest Bill
We present to the Legislature critical comments on the native forest law project in the province of Córdoba, with a lot of irregularities in the participation process and several questionable points in the wording of its text, which would imply a decline in the protection of native forests.
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In 2007, the National State passed National Law No. 26,331 of Minimum Budgets for Environmental Protection of Native Forests, as a base legislation, with equal protection for all inhabitants of the country. According to the constitutional mandate, the provinces are responsible for legislating either by equalizing or maximizing protection and include matters that they make to the specific or specific matters of each of them. Likewise, it establishes the national legislation and its Regulatory Decree No. 91/2009, each province must carry out its Natural Forest Management and update it every five years, through a participatory process and according to criteria of environmental sustainability established in its Articles and Annex .
The province of Cordoba sanctioned the Provincial Law of Territorial Ordering of Native Forests No. 9814 on August 5, 2010, in a process in which the participatory instance guaranteed by the national law was not respected. That legislation established a deadline for updating it that expired on August 5, 2015.
In apparent compliance with these regulations, at the end of September 2016, the provincial government decided to open a “dialogue table” in order to complete with the corresponding updating of the territorial planning of the native forests of Cordoba, seeking to overcome the irregularities of the process Made five years ago. However, the violation of the necessary conditions for the development of a sustainable participatory process was noticed. These shortcomings do not comply with the “Methodological guidelines for the updating of territorial regulations of native forests” approved by Resolution N 236 of COFEMA.
Recently, in the month of December 2016, the bill on the territorial organization of native forests was presented to the Legislature. That proposal is disconnected from the dialogue table insofar as it does not reflect the debates, contributions and discussions that were generated in the same.
From FUNDEPS we have prepared a document, “Draft Law on the Regulation of Native Forests and Regulation of Exotic Forests of the Province of Córdoba (Expte. 20811 / L / 16)“, as it does not conform to the minimum environmental protection budgets enshrined in our National Constitution and in the laws Environmental aspects that refer to this matter, both procedural aspects and substantive aspects.
We synthesize the main recommendations to the bill:
• Need to conserve the native forest existing in the province of Córdoba according to the map of law 9814 and only exceptionally allow the changes of land zoning, according to resolution 236/12 of COFEMA.
• Must observe the minimum legal parameters at the time of updating the OTBN, especially a real and effective access to the right to citizen participation.
• Extension of the restrictive definition of native forests.
• Reconsideration of the Ministry of Science and Technology as enforcement authority.
• Duty to expressly prohibit mining activity in high conservation categories.
• Duty to explicitly prohibit chemical dismantling and rolling practice in more conservative categories.
• Updating the OTBN map with technical – legal fundamentals.
• Limitation to sowing with exotic postures and reconsideration of environmental damage remediation with implanted species.
For these reasons we urge to generate an open and participatory process for the discussion on the updating of the forest law of the province of Córdoba and we suggest to adapt the project with the highest environmental legislation and to ensure at least the same level of environmental protection to our Native forests
Contact
Male Martínez, malemartinez@fundeps.org
