|
For the past 20 years, Haribon has been advocating for changes in
the Forestry Code which was enacted in 1975 when forests were more
abundant than the patches that we have now. That law has a bias
towards utilization; Haribon is lobbying for more protection and
conservation measures to enable us to benefit in perpetuity from
this renewable resource.
Pass an SFM law now
A Sustainable Forest Management (SFM) Law should
be passed now. Senate Bill No. 20 entitled “An Act for Sustainable
Forest Management” mandates the development and adoption of a
sustainable forest management strategy. This goal can be achieved
only if there is a change in paradigm as to what a forest is for.
For years, Philippine laws on forests focused on the forest as a
resource for utilization and exploitation. It is our position that
such an outdated concept needs revamping. There is overwhelming
evidence that forests maintain environmental systems that are
essential for life on Earth. They influence weather by controlling
rainfall and evaporation of water from soil. They help stabilize the
world’s climate by storing large amounts of carbon that would
otherwise contribute to climate change.
Forests are home to indigenous cultural
communities (ICCs) and indigenous peoples (IPs). The way of life of
these ICCs/IPs is inextricably intertwined with the forest. Without
the forest, they lose their cultural heritage. Forests also host a
variety of animal and plant species endemic to the country. In other
words, forests are extremely valuable in themselves. Their continued
existence, and not just their utilization and exploitation, should
be emphasized in any proposed sustainable forest management
legislation.
With this paradigm shift, the reasons for
hastening the passage of this bill become more apparent. It is no
longer a simple matter of promoting land use practices that expand
the forest resource base and promote food production activities. It
is a race against time. Not acting fast enough could lead to lost
opportunities in mitigating global warming and preventing the loss
of the cultural heritage of ICCs and IPs and biodiversity resources
unique to Philippine forests- and worse, loss of lives. Any delay
may prove disastrous, and irreversible.
Ancestral domain rights
The SFM Law should recognize the rights of
indigenous cultural communities and indigenous peoples to their
ancestral domains. The preservation of IPs’ way of life is
dependent on the continued existence of forests. As owners of their
lands, and having been marginalized in government policy-making with
regard to the use of their natural resources, they are entitled to
its protection under the Indigenous People’s Rights Act (IPRA) and
international law. They are responsible for the management of
forests within their ancestral lands and domains, which must
therefore be excluded from the coverage of this law. Adding the
following policy statements to the SFM bill can do this:
• The State shall protect the rights of ICCs/IPs
to their ancestral domains to ensure their economic, social and
cultural well-being and shall recognize the applicability of
customary laws in governing property rights or relations in
determining the ownership and extent of ancestral domain.
• The State shall recognize and promote the
rights of ICCs/IPs within the framework of national unity and
development.
The law should expressly provide that any
community-based forest management (CBFM) strategy should not cover
forestlands found in ancestral domains. It should also expressly
provide that no CBFM agreement should be issued to non-IPs in
certificates of ancestral domain titles (CADT).
The watershed continuum
The watershed continuum should be used as the
basic forestland management unit. The watershed continuum is a
discrete unit of land area defined by a topographic divide with a
stream or fixed body of water and a drainage area towards a common
outlet. The SFM Law should emphasize that the watershed is a
continuum and should recognize that watersheds are transitional and
composed of various ecosystems, namely: the mountain environment,
the lowland environment, and the coastal or sea environment.
Everything is interconnected. It follows that whatever is done in
one part of the watershed continuum affects the other parts.
Watersheds serve as vital sources of water
supply for domestic irrigation and industrial purposes including
hydroelectric and geothermal power generation. They also provide the
socio-economic base to a growing population through the utilization
of watershed resources. On the environmental aspect, watersheds, if
properly managed, help maintain ecological balance, minimize the
occurrence of floods and drought, and could mitigate the effects of
adverse climactic changes.
(To be continued next week)
|