Guyana: Legality of Huge New "Exploratory" Timber Lease Questioned
4/11/97
OVERVIEW, SOURCE & COMMENTARY by EE
Under the guise of 'exploratory licences', Guyana's government has
undertaken to "grant leases in territories outside of the areas designated
as State forests." Given that investments of millions of US dollars have
already been made by the Malaysian timber company, Kwitaro Investments, how
could one expect that such "exploration" will lead to anything but heavy
industrial logging? Some of the new areas being opened to logging are
described by Conservation International and the Smithsonian Institute as
being particularly rich in biodiversity, indeed, a hotspot for natural life
forms in the Americas. Malaysian timber companies clearly have emerged as
the primary culprit responsible for increasing deforestation threats in
remaining jungle wildernesses. Their miserable forest management
practices, which include clearing huge areas of virtually all merchantable
timber, must be banished from remaining primary rainforests. The following
item comes from the Guyana Human Rights Association via the World
Rainforest Movement.
g.b.
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FOREST PEOPLES PROGRAMME
10 April 1997
Executive Committee
Guyana Human Rights Association
LEGALITY OF NEW TIMBER DEALS OPEN TO QUESTION
The announcement of an 'Exploratory Lease' to be granted to yet another
Malaysian timber company, Kwitaro Investments, adds considerable pressure
for a Full explanation of the legal basis and the meaning of these leases.
In the first instance, 'exploratory licences' in the forests are unknown to
law. Secondly, this legal fiction is being used to grant leases in
territories outside of the areas designated as State forests, i.e. outside
of the area in which the government has the authority to grant concessions.
What is the point of this illegal behavior? The GHRA is calling for full
public consultation on the proposed amendment of the Principal Forestry Act
before the matter goes to Parliament.
The fictitious character of these leases is reinforced by the fact that the
granting of exploratory leases has been accompanied by detailed statements
of lavish investments of millions of US dollars. This goes well beyond any
normal understanding of the term 'exploration', suggesting the companies
have been given assurances that they will be allowed to exploit the
concessions. What are these unwritten assurances?
If the concept of "Exploratory" is a way around the fact that the
Government has no authority at present to give out any timber concessions
on these territories, does it mean that a legal extension of State Forests
will then allow these leases to be converted into concessions? The concept
of 'Exploratory Leases' suggests careful environmental standards are being
required prior to extraction, but in reality, they look suspiciously like
posturing.
In the same Kwitaro announcement, it was stated that the government is
preparing legislation to extend the boundaries of State Forests below the
fourth parallel (4 degrees latitude). Last year the Stabroek News (27/3/96)
reported that "extensions (to State Forests) are not likely to go beyond
the third parallel initially", clearly quoting official sources. The
descriptions of the Kwitaro exploratory lease is, however, well South of
the Third parallel and closer to the second. Does this mean that the
proposed legislation is going to designate the entire Southern part of the
country as State Forests?
An alarming feature of the new concession is the threat it poses to one of
the richest areas of bio- diversity in the Americas, the Kanaku Mountains.
This area begins across the Rewa river which constitutes one of the
boundaries of the Kwitaro concession. Both Conservation International and
the European Community have published reports on the richness of the area.
The Conservation International Report states the area contains "250 species
of birds - about 75% of all forest-based species in the country.... 80% of
the country's mammal fauna also occurs in the Kanaku region. When the flora
and invertebrate fauna are more thoroughly studied, it seems likely that
levels of species richness (e.g. of butterflies) will approach those of
birds and mammals. "A Smithsonian explorer described the area in more
graphic terms, as a virtual "Garden of Eden" in terms of wild life and
fish. All of this is at risk if Kwitaro are allowed to operate as far as
the Rewa river, currently teeming with giant otters and black caiman. What
specific protection measures are written into the Kwitaro contract against
endangering this natural paradise.
In the same Stabroek story, Mr. Chanderpal was quoted to the effect that
"20% of available land in the South would fall under protected areas". No
protected areas have yet been designated in the South. In fact the only
Guyanese designated areas (apart from Iwokrama) is the Kaiteur National
Park, which is a protected area in name only, since nothing has been done
to protect it from anything.
A further set of legal questions arising from 'exploratory leases'
surrounds such issues as the control exercised by the Forestry Commission
over the conduct of inventories. Are the companies authorised to carry out
their own? What capacity does the Forestry Commission have to ensure
inventories are accurate? Who conducts inventories of fauna and wildlife?
Who conducts social and environmental impact assessments of roads built by
the companies? The Environmental Protection Agency ought to be exercising
these powers, but nothing has been heard from this agency since its former
Director was dismissed.
The Government's obsessive determination to place the ancient wealth and
future prospects of Guyana in the hands of foreign companies with no
interest in the welfare of this country, raises yet another set of
questions as to whose tune the Administration is dancing.
The Guyana Human Rights Association is calling for a suspension of all
leases outside of existing State Forests until Protected Areas are
designated and effective programmes to ensure protection of the
bio-diversity are funded and in place. We also call for a properly
organised public consultation on the timber policy which is currently being
rushed through the Forestry Commission.
Forest Peoples Programme
1c Fosseway Business Centre
Stratford Road, Moreton-in-Marsh
GL56 9NQ, England
email: wrm@gn.apc.org
tel: +44 (0)1608 652893 Fax: +44 (0)1608 652878
The Forest Peoples Programme is an affiliate of the World Rainforest
Movement.