Stephanes: environmental law leaves 3 million producers as outlaws

14/12/2009 13h20
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reserva legal
Legal reserve: at least 20% of the property area must be preserved

Present Brazilian environmental legislation leaves as outlaws around 3.5 millions rural producers, amounting to more than half of farmers within the country.

The statement was made last Tuesday (9th) by the Minister of Agriculture, Reinhold Stephanes, at a public hearing promoted by the Special Committee which discusses proposals for new legislative frameworks on Forests and Environment (PL 1876/99). “If followed, the environmental legislation is going to generate, within Paraná alone, a 12 million ton loss of production and a million producers will have to abandon their non-viable properties”, the Minister warned.

Stephanes pointed out that in spite of being correct, present legislation, with its more than 16 thousand items, is dissociated from actual production.

According to the Minister, when one adds all the Conservation Areas, Indian and Legal Reserves and Permanent Protection Areas (APPs), 67% of the territory is prohibited to traditional economic activities. “We want sustainability, production and environmental balance but this should not be carried out to the detriment of rural producers”, he advocated.

The minister also said that environmental legislation cannot be applied in the same way throughout the country.

Legal Reserves
Concerning the Presidential Decree (No. 6686/08) that allows producers to register legal reserves by next Friday, the Minister said that he supports a new deadline allowing more time for a broader discussion on the issue. "The President has mentioned the need for dealing with this matter. We have already had meetings with the President and the Environment Minister and there is another scheduled in a few days’ time", informed Stephanes.

Food Security
At the hearings, the rapporteur of the Special Committee, Deputy Aldo Rebelo (PCdoB-SP), proposed that environmental matters be dealt with jointly by different government sectors, such as the Ministries of Justice, Agriculture and the Environment. He stated that the work of these ministries should include guidance for farmers by local government. At this level it is possible to implement protection measures for the environment and especially for water, microbasins, water sources, hills and slopes. “I think that our legislation was only concerned with punishment”, the rapporteur concluded; he also warned about the need of preventing that preservation put food security at risk.

In contrast, Deputy Mendes Thame (PSDB-SP) emphasized the need for amendments to present environmental legislation in order to reward people who preserve the environment. Although he said that it is not possible to “tear up” the Brazilian Forest Code “that is unique in the world and a guarantee of preservation for biodiversity”.

Voting
According to Aldo Rebelo, the hearings promoted by the Special Committee at the States will be over at the beginning of February. A final report is due in April for a final vote .

Besides PL No. 1876/99, the Committee is examining another five proposals that are being jointly dealt with (PL Nos. 4524/04, 4395/08, 5020/09 , 5226/09 e 5367/09). The original proposal by former Deputy Sérgio Carvalho suggests a new Forest Code in the place of the present one (Bill 4.771/65).

Although old and twice rejected by Committees, the proposal PL 1876/99 has started the voting process again and the Special Committee was created as an appendix to Bill 5367/09, by Deputy Valdir Colatto (PMDB-SC), which established the Brazilian Environmental Code and repeals the Forest Code. This proposal is backed by rural producers but faces strong resistance by environmentalists.

Reporting - Karla Alessandra
Edition - Rosalva Nunes
Translation – José Schneider