Law 1700 democratizes access to the forest

The forestry sector must be strengthened

Lands of permanent forestry production

Users of the forest

208 private properties with forestry production

Forest clearing is regulated in the forestry law

Asls: on the way to formality

The TCOs have priority

Forestry certification is a seal of competitiveness

The tree’s prayer

 

The forestry régime of Law 1700 extended access to the forest and its benefits in Bolivia.

With the Forestry Law, access to the Forest is unrestricted. This is demonstrated with the entry into this activity of the Local Social Groups (ASLs), the Original Community Lands (TCOs) and the private farms on the land, which are added to the already-existing concessions.

The regulations, especially regarding the use of natural resources, are indispensable to safeguard these resources, and to be able to sustain productive activity over time.

In the case of forest use, the situation demanded orientation and laws that balance economic, social and environmental aspects.

In view of the action of the Bolivia Chamber of Forestry, NGOs, forestry institutions and the support of the international cooperation which saw this need, the Forestry Law 1700 was approved in 1996. This law norms the use of forestry lands, opening the way for new sectors, and improving the conditions for all those who want to work in the Bolivian forestry industry.

Since the application of this Law, access to forestry resources has been transformed, formally including rural settlers, private properties and the TCOs within the new régime.

Without doubt, implementation of the Law implies a process of technology transfer, adopting new practices and forms to undertake the work. However, the results seen today demonstrate that it is a régime that guarantees the forestry sector’s sustained stability and growth.

Currently, 47 ASLs, and 35 TCOs have been formed in the country. There are 208 private properties and 78 concessions, with a total of approximately 8 million hectares. Of these forests, more than 1.2 million hectares have voluntary forestry certification, and Bolivia has become the world’s leading country. This demonstrates that the forestry régime regarding its environmental variable is working, and the forestry actors are applying a Law that is indispensable for the country.

Engineer Javier Collao, Chief of the Forestry Unit of the Prefecture of Santa Cruz Department.

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There are now new users of the forest, such as Local Social Groups (ASLs) and others that work ineffectually. Added to businessmen with private properties and concessions, they make a heterogeneous group that would strengthen the sector if united in a single organization, says Engineer Javier Collao, Chief of the Prefecture’s Forestry Unit.

The forestry sector is a productive division that requires support and greater representation for its development. Everyone should work with the same goal.

At present--especially in the case of the TCOs--some receive mistaken advice from Non-Governmental Organizations (NGO), supporting their demand for lands without respect of the law, nor current pre-established rights, affecting other forestry actors, said Engineer Collao.

As an example, he commented that the TCOs must present a Study of Spatial Needs, based on the number of inhabitants, to request lands.

In Bajo Paraguá and El Chore, a certain amount of land was assigned that didn't meet the TCO expectations, and they decided to invade forestry areas that are under concession, affecting the legal rights of other businessmen. These NGOs were behind this erroneous conflict.

The positive thing about these (TCO) organizations is that they have been included in the forestry régime, and are carrying out general forestry management plans. They are also already receiving revenues benefiting their members, thus developing the conditions to grow and strengthen.

In the case of the Local Social Groups (ASL), Engineer Collao says they are rural undertakings that can be profitable (some are). Considering that the wood market has decreased in recent years, it is expected that they will not have very important results. However, the commercialization groups are cooperating with them. In fact, on May 26, offices were inaugurated in the Department Prefecture, and they have been made available for the ASL to provide headquarters in the city. The main objective is to develop a system for offer of forestry products through an electronic portal. The Director of Natural Resources and Environment, Ricardo Saucedo, and the President of the National Association of ASLs, Pabel Salvatierra, attended the inauguration.

Finally, Engineer Collao explained that these actions and others that aid the growth of forestry productivity require the support of a strengthened sector, able to make demands and have representation in the government. This is the reason for the need to organize the sector.

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The data shown here is the concrete verification that our country’s lands are for the most part suitable for sustainable forestry production.

The PLUS (Plan for Surface Use), carried out in Pando, Beni, Santa Cruz, Chuquisaca and Tarija, is the source of this information.

This demonstrates that more than 30% of Bolivian territory should be subjected to forestry use, in strict application of constitutional prescriptions (Art. 170 C.P.E.), the INRA Law (Art. 2) and the PLUS Law now in force in the country.

Because of the responsibility to current and future generations, the governments and social and economic actors should act rationally.

Realizing agricultural or cattle-raising activities, and allowing them on lands that are suitable for forestry, besides defying the law, violates the elementary principles of conservation and sustainable development.

Lands of forestry production

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Five million hectares have been granted in forestry concessions, and all are under Sustainable Forestry Management

The forestry areas granted in concession to businessmen total 5,091,086 hectares, all under General Plans of Forestry Management. This means that, of the forestry actors in Bolivia, they are the ones that work the greatest forest areas, protecting this natural resource based on Forestry Law 1700.

The forestry areas under concession are mostly in Santa Cruz Department, with approximately 2.5 million hectares. Pando follows, with 1.5 million; then Beni with 632,000; La Paz with 355,000; and Tarija with almost 87,000 hectares.

Access to forestry concessions is through the Forestry Superintendence, which calls a public bid to grant each concession, on the minimum base of annual forestry rentals and the list of referential prices established by the Ministry of Sustainable Development and Environment. That is to say, the best offer is awarded the concession. It must be noted that to date, and since the approval of Forestry Law 1700 in June 1996, no bids have been held. The current concessions existed prior to the Forestry Law.

Like other forestry actors, the concessionaires must follow the procedures in the Forestry Law, which regulates the use of this natural resource. As an indispensable requirement to initiate forestry operations, the concessionaire must have the respective management plan approved, and realize the technical instruments called for by the norm.

Forestry concessions are granted for 40 years, renewable every five years, after an audit of fulfillment of the Program of Sustainable Forestry Management.

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A total 208 private properties with forestry use authorization embrace 768,602 hectares in the seven Bolivian departments with forests: Beni, Chuquisaca, Cochabamba, La Paz, Pando, Santa Cruz and Tarija,

The most important departments as far as number of properties and forestry surface are Santa Cruz, with 412,064 hectares, followed by Pando with 262,173 and La Paz with 41,563 hectares. The three have a total 175 properties.

According to the Forestry Law, private properties that have forests can voluntarily resort to the current regulations. They can request authorization for forestry use, must carry out management plans and are subject to payment of the annual Forestry Rental on the area involved, according to the approved management plan. In compensation, they are exempt from agricultural use of the land, and the rural property tax.

Thus, according to the Forestry Superintendence data, as of 2003, of a 768,602 hectare surface of private property converted to forestry use, 560,273 hectares are under sustainable forestry management. That is to say, there is a census, as well as forestry inventories that include road planning and other actions oriented to maintaining the forests without losing the economic character that benefits the users of this natural resource.

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As with people, lands are suitable for certain activities. There are lands exclusively suitable for forestry. Other fragile ones are dedicated for ecological protection, and others that are fit for diverse uses and that, according to the Law, can be cleared.

When a land surface with forests is classified with potential capacity of greater use for agriculture or cattle-raising, it can be cleared within a normative framework that protects forests. Other cases in which clearing is permitted are: for the construction of fire-wall strips or transport roads, installation of communication lines, installation of electricity, realization of public works or eradication of plagues, illnesses and endemic diseases.

To avoid depredation of the environment, clearing must follow technical norms such as: not deforesting river banks, areas suitable for forestry, on slopes over 45º, rocky surfaces, protected areas, lands of permanent forestry production, etc.

Clearing must include a rental equivalent to fifteen times the value of the minimum rental applied to the use of forests, and, according to Law 1700, must additionally pay 15% of the value of the wood used in primary state which is cleared. However, clearings up to a total five hectares, in lands suitable for agricultural activities, is exempt from rentals. Also, to be able to transport the wood to be used from the clearings, the buyer must pay another 15% of its value in primary state, according to Regulation.

The Forestry Superintendence authorizes clearing, and ensures that the procedures are according to the Law.

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The ASLs (Local Social Groups) were created to formalize forestry activity in the country’s rural communities.

Forestry Law 1700, promulgated in 1996, contemplates this organization with a focus on creating community companies, as part of the concept of sustainable forest management.

For these ASLs to be recognized by the State, they must have at least 20 people, form their association, and be subject to the Law, in order to work in the forest. This is mainly making the respective contributions for Forestry Rentals, carrying out general plans of management, and honoring the assignment of determined forestry areas for their use.

The ASLs receive forestry areas under concession. They typically make small investments, but at the same time receive support from international organizations and government development projects. The concessions have a 40 year life, renewable every five years after a technical audit of their fulfillment of Sustainable Forestry Management.

These managerial organizations are formed voluntarily, with one goal: generating wealth.

There are 47 ASLs recognized by the Forestry Superintendence. They have 543,918 hectares of tropical forests available to work. Of these, 363,898 hectares are within the 2003 General Plan of Management, set aside for their use.

The generation of employment in these groups is interesting, because, besides the members working, in the high seasons of greater forest use, they contract third parties, which include forestry professionals and sometimes administrators or accountants. Currently, approximately 400 people are part of the ASLs and have permanent employment.

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The Original Community Lands (TCOs) are rural areas granted to the country’s communities of native people.

For the native people, such as the Confederation of Native People of Bolivia (CIDOB), the TCO constitutes “the global space where the social and cultural experiences, the animals, the forests, the air, the waters and the human being develop; are interrelated and interact; all this comprises the territory." Under this view, the State gives preference to their requests for lands, and contemplates this in the Law, also guaranteeing exclusivity in forestry use in the TCO properly recognized by the State.

The involved area dedicated to forestry use is subject to the Forestry Rental and its consequent Forestry Management Plan.

According to the land’s suitability for use, the TCO can have available determined surfaces for forestry use, which are worked by the community’s native people. The number of jobs depends on the decision of each community. The more wood volume they want to use, the more jobs are generated for their members.

Currently, the TCO national demands is 17.7 million hectares, in which the total titled surface is 3.8 million hectares. Of these, only 441,285 hectares are dedicated to forestry production, equivalent to 12% of the titled lands.

The TCOs are disperse in the departments of Beni, Cochabamba, La Paz, Santa Cruz and Pando. In Santa Cruz Department, the TCOs have a greater presence, with 197,574 hectares. Cochabamba follows with 117,236 hectares, then Beni with 94,172, La Paz with 31,579 and Pando with 723 hectares.

Of the 35 TCOs, the largest forestry extensions are the Bajo Paraguá TCO (90,758 hectares) and Lomerío (60,799 hectares) of Santa Cruz, Chiman (62,664 hectares) of Beni, and the Yuracaré TCO (61,249 hectares) of Cochabamba.

Interview: Engineer Daniel Arancibia, Regional Representative for Latin America - FSC

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“Latin America has a variety of forestry actors (large, small, foreign, native, etc.), which deserve differential treatment, where voluntary forestry certification can play a safeguard role in granting those rights,” stated Engineer Daniel Arancibia, Latin America Regional Representative for the Forest Stewardship Council (FSC). He was speaking on May 27 in a meeting with the Bolivian Chamber of Forestry.

Certification is an instrument, a group of steps that protect the environment and social surroundings. This provides an evaluation of the baseline for the forest, and the planning of productive capacity, taking into account the social factors surrounding the production. Finally, it gives a long-term strategy for where we want to take that forest, and what we want to do with those products, that is to say, the certification is a checkup of competitiveness.

According to Engineer Arancibia, Bolivia is recognized internationally as a country committed to responsible forestry management, with more than 1 million hectares in certified natural Amazon forest and a forestry system of established support (Forestry Superintendence) that benefits investments and the forest.

However it is necessary to recognize the differences between the actors and their need to use the forestry resource, involving forestry management so that it is productive. This way, the national, foreign, large and small investor should have an investment modality with sustainable forest management. The design of forestry policies that consider these differences and promote use of the forest resource is important.

Finally, the FSC representative commented that it is still necessary to develop the potential of Bolivian wood supply and certified wood products. It is necessary to promote activities that will position the Bolivian forestry managerial sector internationally through international exhibitions that show what this country can provide.

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Traveler, listen:
I am the board of your cradle,
the wood of your boat,
the surface of your table,
the door of your house.

I am the handle of your tool,
the walking-stick of your old age,
the pencil of your wisdom.

I am the fruit that nurtures you,
the shade that covers you against the summer sun,
the refuge for the birds that gladden your hours with their song
and that clean the insects from your fields.

I am the beauty of the landscape,
the song of the orchard,
the signal of the mountain,
the edge of the road.

I am the firewood that warms you on winter days,
the perfume that sweetens the air at all hours,
the health of your body and the happiness of your soul.

And, finally, I am the wood of your coffin.

For all this, traveler who contemplates me,
you who planted me with your hand and can call me son,
or that have contemplated me so many times...
look well at me, but... don't harm me.

Author: Anonymous

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