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By saying that vast tracts of deforested, uncultivated land in the Amazon jungle will be sold rather than awarded in concession,
the Peruvian president is not solving anything, because there is no regulatory or institutional framework to supervise investment
in those areas.
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The Peruvian Congress plans this week to debate a draft law pushed by the government that would authorize the sale of vast tracts of deforested, uncultivated land in the Amazon jungle to private companies that invest in ’reforestation’ efforts.
But critics say there is no land registry showing which natural areas could be sold off without hurting the region’s rich biodiversity or affecting local residents who do not hold formal title to their land.
The proposed modification of the “law for the promotion of private investment in reforestation and agroforestry“, which was to be discussed last week, was postponed on the pretext that the chair of the Agriculture Committee, ruling party lawmaker Franklin Sanchez, was not present, Ipsnews.net reported.
But the underlying reason was that some legislators who support President Alan Garcia are dubious about voting for the amended law, because of the criticism it has drawn from experts, opposition parties, and social organizations, like organized campesinos (small farmers) in the northeastern province of Loreto. Under the current law, areas authorized for reforestation are granted in concession. But Garcia argues that if the land were sold to them instead, companies would enjoy greater security and more jobs would be created.
“Taking advantage of our timber and reforesting is a way to generate jobs and attract investment. We live in an ideological world that says the Amazon cannot be touched, because it is part of the idyll of primitive communism,“ the president said in an interview published January 21 by the Spanish newspaper ABC.
The government’s interest in selling off land in the Amazon jungle had already been announced by Garcia in an op-ed piece in the local daily El Comercio. Experts argue that the president is focusing on profit and investment without taking into account the Amazon’s great natural wealth or the local inhabitants of these areas, many of whom are indigenous people.
There are 1,450 indigenous communities representing 65 different ethnic groups in Peru’s Amazon jungle region, according to the 1993 census.
“The problem is that the draft law that the government has introduced does not clearly define what kind of land we are really talking about, because there is no land registry,“ Luis Capella, the head of the non-governmental Peruvian Society on Environmental Law’s forestry program, said.
“That means a plot of land ’without forest cover’ could actually contain primary forest, which would be destroyed as soon as it was sold,“ he said.
The draft law vaguely states that “untilled land without forest cover“ in the Amazon region could be sold.
But a source at the Agriculture Ministry acknowledged to IPS that a land registry reflecting the status of property would not be ready until the end of the year. However, the official said an estimated 9.5 million hectares in the jungle have been deforested.
Capella, on the other hand, said it was highly unlikely that such a vast expanse of deforested, uncultivated land exists in the Amazon jungle, as the government claims, and insisted that a detailed land survey is indispensable.
“By saying that land will be sold rather than awarded in concession, the president is not solving anything, because there is no regulatory or institutional framework to supervise investment in those areas,“ added the activist.
Currently, oversight of reforestation initiatives and plantation forestry is carried out by the government agency Proinversian, as if it were just another economic activity, instead of by a specialized body that could study the environmental, social and cultural aspects that should be taken into account when selling land in an area like the Amazon jungle.
Garcia’s proposed legal reform has already been approved by the Agriculture Committee, headed by ruling party legislator Sanchez. The draft law would extend the upper limit on the size of property that can be sold, from 10,000 to 40,000 hectares, and fails to create a regulatory framework to enforce reforestation commitments. Nor does it include regional governments in decision-making.
“In a context of uncertainty, when it is not clear what the conditions of the sales will be, nor is it clear what rights the purchasers will be granted or what rights of local inhabitants will be affected, how can we say that this law will guarantee investment and generate employment?“ asked Capella.
The governor of the Amazon province of San Martin, Cesar Villanueva, said the draft law would be inapplicable because in the Amazon jungle, there is no ownerless land available for sale, since the property either forms part of protected nature reserves or belongs to indigenous communities or settlers who have come in from outside to clear farmland.