Constitutional amendment next step to save forests
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THE government is poised to amend a law on forest management this year to grant federal authorities more powers to tackle deforestation.
Recent events have made these amendments pressing. Early this year, several states suffered water cuts, partly caused by raw water sources being put under stress because of forest-clearing activities.
Last year, clashes erupted between Orang Asli and planters in Gua Musang, Kelantan, when the villagers accused the latter of destroying their communal forests.
The cutting down of swathes of forests to make way for oil palm plantations has also damaged Malaysia’s reputation abroad and threatened demand for palm oil, the country’s most lucrative food export.
These and other incidents have been traced to states’ decisions regarding the use of forest land, which, under the federal constitution, they have control over.
It is hoped that these issues will be tackled once the Forestry Act 1984 is amended to give Putrajaya more say on how states manage their natural resources.
The amendments will include a standard operating procedure on forest management that is binding for all states, and guidelines on classifying forests to differentiate between areas where logging can and can’t be conducted, said sources.
However, environmental groups said amending the act will not grant the government the bite it needs, as states will still have wide-ranging powers to do what they want with their forests.
“The problem with managing forest land is that states have the power to do what they want with their land, as the federal constitution gives them the power to do so,” said Dr Sahadeva Arunasalam, vice-president of the Natural Heritage Protectors’ Association (Peka).
Peka, which has highlighted cases of illegal logging in Johor, Pahang and Kelantan forests, is helping Gua Musang Orang Asli villagers to submit a memorandum to the government next week, calling for the constitution to be amended.
Another green group, Kuasa, said it is time the federal government has more say on forests, pointing out that the consequences of poor management and indiscriminate logging are always borne by taxpayers.
“States get revenue from issuing logging permits but when deforestation causes floods and water shortages, it’s the federal government that has to bear the cost with new projects,” said president Hafizuddin Nasarudin.
“It’s time to re-examine this separation of power between the states and federal government. States have failed to manage their forest resources properly and the public is paying the price.”
The catastrophic Kelantan floods during the 2014-2015 monsoon season are a prime example of how shoddy land management worsens natural disasters.
Debris and run-off from cleared areas in the Gua Musang highlands clogged the state’s main rivers, causing them to break their banks. More than 25,000 people in five districts were displaced and some 2,600 homes were destroyed.
The floods caused RM933.4 million in damage to hospitals, police stations, government buildings and roads. Aid of between RM500 and RM1,000 was given out to each affected household.
Putrajaya has to allocate significant sums for flood mitigation annually. In 2016, RM730 million was set aside in the federal budget for the purpose and in the following year, the amount was RM495 million.
In comparison, said Hafizuddin, Kelantan makes an average of RM140 million per year from logging concessions.
“But the amount we spend on projects to deal with the effects of logging is threefold.”
Sahadeva said even with an amended Forestry Act, it remains unclear how the federal government will get each state to follow the new rules.
To amend the constitution towards this end, he said, the Pakatan Harapan administration must start the debate soon so as to secure public support. – July 8, 2019.