August, 2011
An insight on a hot Brazilian topic
In an attempt to better understand the recent developments on the proposed new Brazilian Forest Code the RTRS Secretariat interviewed Ana Cristina Barros from The Nature Conservancy (TNC, Brasilia, Brazil) and Karin Kaechele from Instituto Centro de Vida (ICV, Mato Grosso, Brazil). Also John Landers from Associação de Plantio Direto no Cerrado (APDC, Brasilia, Brazil) shared reflections on the potential forest and agricultural change in paradigm.
In January 1934 the first Brazilian Forest Code was installed, limiting the use of property, respecting existing vegetation, taking into account the common interest of the Brazilian people. Since the mid-1990s several attempts have been made to "bend" the Brazilian Forest Code. In 2008, a working group was created to discuss the Code with representatives of three Ministries: Agriculture, Environment and Agrarian Development. Because of lack of consensus among its members the Agriculture Minister Reinhold Stephanes decided to dissolve the group in January 2009. A committee of the House of Representatives later drafted a report on the reformulation of the forest code, which was put to a vote in the House of Representatives in May of this year.
Table: events overview
|
Installation of 1ste Brazilian Forest Code, limiting the use of property, respecting existing vegetation, taking into account the common interest of Brazil´s people |
In 1962 a working group was formed to replace a proposed "new" Forest Code, which was finally sanctioned in 1965 by Federal Law in 4771 (Ahrens, 2005, pgs.88/89), effective today. |
Working Group three Ministries on discussion on possible reforms of Brazilian Forest Code |
Committee of the House of Representatives delivers draft of new Forest Code |
House of Representatives approve of new forest code |
New forest code to be voted on by Senate |
After Senate approval the President of the Brazilian government has the last say, either agrees or uses veto-right |
|
January 1934 |
1962 |
2008/2009 |
April 2010 |
May 2011 |
Later this year |
Later this year |
In accordance with his frank and direct style John Landers said: "This is a nation divided by a common cause - everyone agrees the forests should be preserved, it is merely a question of dividing the cost equally. By incorporating degraded pastures into soybean production in rotation with highly productive pastures, through land use intensification we can achieve a de-forestation mitigation potential of up to 2.5 hectares per hectare in this system. So, we have the technology for Zero De-forestation of native forest and other high conservation value areas. Does this not warrant a premium? If the payment of environmental services had been included in the Forest Code, all this polarization and bad feeling between farmers and environmentalists could have been avoided and the farmer rightly recognized as the number one Ally of Conservation, as he is in Europe, USA, Canada, and Australia. A huge environmental conscience has evolved in today´s Brazilian farmer and the average consumer, who is co-responsible for environmental damage caused to produce agricultural products, only wants the farmer as a scapegoat to hide his(her) own responsibility. RTRS will hopefully redress this and that is the reason why APDC has joined and contributed in all phases of this effort".
Expected impacts of the proposed forest code
Ana Cristina, TNC Country Representative, explained: "the new text for the Brazilian Forest Code regulates land use and deforestation throughout the country (Project Law 1876/99). The by the House of Representatives approved bill, the first step in the process of making converting the new code into national law, potentially brings a series of changes that threaten the ability for Brazil to reconcile agriculture production and conservation, although some positive changes could also occur."
The 3 major negative changes, according to TNC and ICV, included in the bill approved by the House of Representatives are:
- Amnesty: illegal deforestation before June 2008 is pardoned and restoration of these areas will not be an obligation.
- State governments are empowered to legislate over basic provisions of the Forest Code, including deforestation in permanent protected areas (APPs) – riparian forests, top of mountains and slopes.
- “Small” holders (with areas smaller than 4 rural modules - up to 400 hectares) have no requirement to maintain set asides (legal reserves) in their properties as required in the previous Forest Code (80% in the Amazon; 35% in the Savannas of the Amazon Region; and 20% in other biomes). What is happening right now, for instance in Mato Grosso and Sao Paulo, is that properties bigger than 400 hectares are being split in several smaller ones, therefore they won´t have the obligation to answer to this forest code. This has caused large areas of recent deforestation and will lead to more deforestation in a near future.
- According to ICV one enormous problem is that no scientific analysis was made to define the decisions or the issues discussed on the new version. The Brazilian Science Academy and the Brazilian Society for Scientific Progress has made innumerous claims, asking for participation. Unfortunately the Representatives did not take in consideration scientific or solid analysis.
According to TNC the positive changes included in the bill approved by the House of Representatives are:
- Including the Permanent Protection Areas (called APPs - such as riparian forests, top of mountains and high slopes) into the percentage of set asides (legal reserves), limiting the total amount of conservation to the maximum area of APPs. This prevents that in certain areas conservation imposed by the two mechanisms adds more than 50% of the farmland – according to TNC data.
- Creation of a compensation mechanism for legal reserves, based on tradable quotas, a market based instrument that benefits both those with deficits of legal reserves (those who will buy the quotas) and those who protected more than required by law (those who will send the quotas).
According to ICV, the Forest Code approved by the House of Representatives, has lost the opportunity to include the discussion of Payment for Ecosystem Service (like REDD+) in this bill.
Also according to ICV, the argument used by some representatives that there is a need to change the forest code just to expand the agriculture area is a fallacy. The scientist Gerd Sparovek has proven that even if the forest code were implemented as it is today, around 104 million hectares with native vegetation could be legally converted into agricultural use (reference below). Sparovek also analyzed that Brazil has around 103 million hectares of riparian forest, of which 44 million degraded. The new forest code does not require restoration of those degraded area.
Forest Code repercussions in society
Brazilian society is aware of this Forest Code discussion. The main stakeholder groups in the discussion are environmental entities -most of them against part of the new proposal- and rural producer representatives -most of them agree with the entire new version of the code-.
TNC mentioned that a group of NGOs in Brazil promoted an opinion poll during in the week of the 3rd of June, executed by research institute Datafolha, and the results were impressively pro-forests, including a strong support to any veto from President Dilma Roussef, expected to give her final verdict within the next 3 months. The main findings were:
- Two thirds of Brazilian population declared to know about the voting of the new Forest Code. The portion that declared to be well informed on this issue was modest.
- 79% declared they were against pardoning the sanctions and fines (19% accepted that possibility) and 77% declared they were against the idea of lifting the obligation to restore the forest (while 21% found that possibility is acceptable).
- 79% agree with an eventual Presidential veto if the Senate decides to validate the version proposed by the house.
Multi-stakeholder approach
Several civil society organizations have joined forces by creating the Brazilian Forest Dialogue. This initiative started in 2005 and is formed by environmental NGOs and forest companies which decided to demonstrate their opinion and influence other groups.
The Brazilian Forest Dialogue wrote a letter about the New Forest Code proposal and spread it among government representatives and all society, putting some common points of view between forest producers and environmental NGOs, in order to show that an agreement between landowners and NGOs is possible and constructive. TNC is one of the founders of the Forest Dialogue (www.dialogoflorestal.org.br) and believe that this kind of initiatives is the key to achieving democratic decisions.
Karin highlighted that if this new forest code is approved in its current form, it will become difficult for Brazil to achieve the commitments made on international level regarding climate change issues. A second severe problem is that the government, by accepting the new code, sends a mixed message about illegal operations, and that future law changes could again deliver amnesty to illegal operations. In the first place this is not fair to others that do comply with the law, but above all it should not be allowed for neither citizens nor companies to disobey legislation under any circumstances.
Ana Cristina highlighted that any approved Forest Code proposal must contain means to allow real implementation on the ground, understanding that the worst type of law is the one that is not implemented. Based on that, there is a strong need to adjust the new Forest Code by including the first and urgent implementation of the Environmental Registry System (Cadastro Ambiental Rural – CAR) and the empowerment of the Environmental Agencies. Ana Cristina said: "Presidential disapproval in the last stage of the ongoing legislative process is our final opportunity to revert changes that encourage deforestation and directly affects Brazilian commitments towards reducing carbon emissions derived from land use."
RTRS position on deforestation
The RTRS standard for responsible production consists of 5 principles, each of them consisting of criteria and a total of 98 auditable indicators which have to be complied with in order to be able to certify RTRS. Principle number 4, Environmental Responsibility, sets out the standard´s requirements in relation to protection of biodiversity. Biodiversity protection within the RTRS standard does NOT include zero deforestation of all native vegetation. It DOES mean zero deforestation of native forest.
The criterion 4.4 says that no expansion should take place over native forest. The RTRS defines native forest as areas of native vegetation of 1ha or more with canopy cover of more than 35 % and where some trees (at least 10 trees per hectare) reach 10m in height (or are able to reach these thresholds in situ (ie. in that soil/climate combination)). This criterion is in line with the soy moratorium.
Regarding other types of vegetation (like the cerrado, or other biomes), there are 2 phases:
a) For the short term, an interim approach is being used. RTRS uses zoning maps OR the CDB maps. If neither zoning maps nor CDB maps exist, an HCVA assessment needs to take place.
b) For the medium term, the RTRS will develop official RTRS approved macro-scale maps which will provide biodiversity information and a system which will orient responsible expansion of RTRS soy. This work should be completed before 31st December 2012 for Paraguay, Brazil, Argentina and Bolivia. These maps will have 4 categories:
- Category 1 Areas = areas which are critical for biodiversity (hotspots), where stakeholders agree there should not be any conversion of native vegetation.
- Category II Areas = areas with high importance for biodiversity where expansion of soy is only carried out after an HCVA assessment which identifies areas for conservation and areas where expansion can occur.
- Category III Areas = areas where existing legislation is adequate to control responsible expansion (usually areas with importance for agriculture and lower conservation importance).
- Category IV Areas = areas which are already being used for agriculture and where there is no remaining native vegetation except legal reserves so no further expansion is occurring.















