Centre’s afforestation bill faces Rajya Sabha stumble

 

The Compensatory Afforestation Fund (CAF) Bill listed for business in Rajya Sabha in the ongoing parliamentary session has been postponed to the monsoon session of Parliament.An amendment to the CAF Bill calling for greater participation of gram sabhas in decisions pertaining to the development of forest plantations under the proposed law.

Compensatory afforestation pertains to development of new forests to compensate for loss of existing forest area due to their transfer for non-forestry purposes, such as setting up of industries, building roads, etc. This is as per a provision under the Rules to the Forest (Conservation) Act, 1980.

The ‘user agency’ which seeks the diverted forest land is rule-bound to provide the land or the funds to plant the trees. Currently, funds accumulated through the implementation of this provision are being managed by an ‘ad hoc’ authority set up by the Supreme Court.

The CAF Bill was passed by Lok Sabha on May 3, 2016. However, the current opposition in Rajya Sabha means that the Centre’s plans to spend nearly Rs. 42,000 crore under the afforestation programme now hang in the balance.

While on the face of it, developing forests through plantations might seem like an environment-friendly initiative, there appear to be several issues pertaining to this Bill which require closer attention.

What the Bill says:

Ø Establish a Compensatory Afforestation Fund under the Centre and the States for crediting monies received from various agencies under compensatory afforestation, penal compensatory afforestation, net present value (of forest) and all amounts recovered as per the provisions of the Forest (Conservation) Act, 1980.

Ø The Fund is created as per Supreme Court ruling in 2002 in the Godavaram Thirumalpad vs. Union of India case

Ø Besides artificial regeneration (Plantations), the Fund shall also be utilised for undertaking assisted natural regeneration, protection of forests, infrastructure development, wildlife protection and other related activities

Ø An independent system of concurrent monitoring and evaluation be evolved and implemented through the Fund to ensure effective and proper utilisation

Ø A group of experts appointed by the Centre shall monitor the activities undertaken from amounts released from the Fund

Ø All funds realised from the user agencies involving cases of diversion of forest land in protected areas be used exclusively for undertaking protection and conservation activities in protected areas of the State including facilitating voluntary relocation from such protected areas

Timeline of the legislation

Ø The Bill was first introduced in Parliament in 2008 under the UPA government

Ø It passed in the Lok Sabha but was stalled in Rajya Sabha in 2009.

Ø The Bill was passed by the NDA government cabinet in April, 2015

Ø It was listed for discussion in the budget session of Lok Sabha and passed on May 3.

Ø An amendment proposed in the Rajya Sabha demanding that the informed consent with a 50 per cent quorum of the gram sabhas of all villages, within whose boundaries the proposed afforestation scheme/project/activity falls, be obtained. It was also demanded in the proposed amendment that such consent includes a certification that the process of implementation of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 is complete in the proposed project area.

Ø The Bill now stands postponed

The objections to it

Ø According to the Campaign for Survival and Dignity, a civil society organisation working on tribal rights, this Bill allows states to plant a huge number of trees (or undertake other “forest management” projects) in natural landscapes – such as grasslands, natural open forests, grazing areas, common lands or people’s cultivated lands – without even checking if people have rights over them, and without consulting them about where they should be planted, what species should be planted, and what impact this will have on their lives.

Ø Plantations have been one of the major sources of conflict in forest areas, as forest bureaucrats routinely use them as a way to get more people’s land under their control, the organisation notes in its statement. As a result of loss of access to land, many tribal groups have been pushed to starvation, the organisation notes.

Ø The amendment moved by the opposition in Rajya Sabha will not block the spending of proposed afforestation funds but will only add one small check to ensure that people have one forum where they can defend their rights.

Ø The Comptroller and Auditor General (CAG) in 2006 found that the Compensatory Afforestation Fund Management and Planning Authority (CAMPA) funds are being spent on all kinds of activities; for instance, the Uttarakhand Forest Department was spending CAMPA funds on office equipment, vehicles, etc.

Conclusion:-

The Bill is necessary in the wake of the challenges of climate change which staring at our face with an unblinking eye.The sooner the bill becomes act , the better it is for the country , as time is not the luxury when the country is facing the scourges of climate change year after year.Mitigation – the faster the better.However, the aforementioned concerns should also be taken into account and a balance should be found between consent of the community and the authority of respective forest officials of the region so that the community and officials can work together.Community should not have expansive rights so that it becomes the ground for politics and works of afforestation are stalled , similarly state official should not have expansive rights , so that their hegemony is checked.What we don’t want in this process is neither the  agenda of community being exploited for political reasons nor the state behaving as ‘know-it-all’ entity that does not give heed to the genuine concerns.Harmony is the key for this program to succeed and dissemination of environmental education can educate the concerned.

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  • Context:-

    At the recently concluded Leaders’ Summit on Climate in April 2021, Lowering Emissions by Accelerating Forest Finance (LEAF) Coalition, a collective of the United States, United Kingdom and Norway governments, came up with a $1 billion fund plan that shall be offered to countries committed to arrest the decline of their tropical forests by 2030.

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    What is LEAF Coalition?

    • Lowering Emissions by Accelerating Forest Finance (LEAF) Coalition, a collective of the United States, United Kingdom and Norway governments, came up with a $1 billion fund.
    • LEAF is supported by transnational corporations (TNCs) like Unilever plc, Amazon.com, Inc, Nestle, Airbnb, Inc as well as Emergent, a US-based non-profit.

    Why LEAF Coalition?

    • The world lost more than 10 million hectares of primary tropical forest cover last year, an area roughly the size of Switzerland.
    • Ending tropical and subtropical forest loss by 2030 is a crucial part of meeting global climate, biodiversity and sustainable development goals. Protecting tropical forests offers one of the biggest opportunities for climate action in the coming decade.
    • Tropical forests are massive carbon sinks and by investing in their protection, public and private players are likely to stock up on their carbon credits.
    • The LEAF coalition initiative is a step towards concretising the aims and objectives of the Reducing Emissions from Deforestation and Forest Degradation (REDD+) mechanism.
    • REDD+ was created by the United Nations Framework Convention on Climate Change (UNFCCC). It monetised the value of carbon locked up in the tropical forests of most developing countries, thereby propelling these countries to help mitigate climate change.
    • It is a unique initiative as it seeks to help developing countries in battling the double-edged sword of development versus ecological commitment. 
    • The initiative comes at a crucial time. The tropics have lost close to 12.2 million hectares (mha) of tree cover last year according to global estimates released by Global Forest Watch.
    • Of this, a loss of 4.2 mha occurred within humid tropical primary forests alone. It should come as no surprise that most of these lost forests were located in the developing countries of Latin America, Africa and South Asia.
    • Brazil has fared dismally on the parameter of ‘annual primary forest loss’ among all countries. It has lost 1.7 mha of primary forests that are rich storehouse of carbon. India’s estimated loss in 2020 stands at 20.8 kilo hectares.

    Brazil & India 

    • Between 2002-2020, Brazil’s total area of humid primary forest reduced by 7.7 per cent while India’s reduced by 3.4 per cent.
    • Although the loss in India is not as drastic as in Brazil, its position is nevertheless precarious. For India, this loss is equivalent to 951 metric tonnes worth carbon dioxide emissions released in the atmosphere.
    • It is important to draw comparisons between Brazil and India as both countries have adopted a rather lackadaisical attitude towards deforestation-induced climate change. The Brazilian government hardly did anything to control the massive fires that gutted the Amazon rainforest in 2019.
    • It is mostly around May that forest fires peak in India. However, this year India, witnessed massive forest fires in early March in states like Odisha, Uttarakhand, Madhya Pradesh and Mizoram among others.
    • The European Union’s Copernicus Atmospheric Monitoring Service claimed that 0.2 metric tonnes of carbon was emitted in the Uttarakhand forest fires.

    According to the UN-REDD programme, after the energy sector, deforestation accounts for massive carbon emissions — close to 11 per cent — in the atmosphere. Rapid urbanisation and commercialisation of forest produce are the main causes behind rampant deforestation across tropical forests.

    Tribes, Forests and Government

    Disregarding climate change as a valid excuse for the fires, Indian government officials were quick to lay the blame for deforestation on activities of forest dwellers and even labelled them “mischievous elements” and “unwanted elements”.

    Policy makers around the world have emphasised the role of indigenous tribes and local communities in checking deforestation. These communities depend on forests for their survival as well as livelihood. Hence, they understand the need to protect forests. However, by posing legitimate environmental concerns as obstacles to real development, governments of developing countries swiftly avoid protection of forests and rights of forest dwellers.

    For instance, the Government of India has not been forthcoming in recognising the socio-economic, civil, political or even cultural rights of forest dwellers. According to data from the Union Ministry of Tribal Affairs in December, 2020 over 55 per cent of this population has still not been granted either individual or community ownership of their lands.  

    To make matters worse, the government has undertaken systematic and sustained measures to render the landmark Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 ineffective in its implementation. The Act had sought to legitimise claims of forest dwellers on occupied forest land.

    Various government decisions have seriously undermined the position of indigenous people within India. These include proposing amendments to the obsolete Indian Forest Act, 1927 that give forest officials the power to take away forest dwellers’ rights and to even use firearms with impunity.

    There is also the Supreme Court’s order of February, 2019 directing state governments to evict illegal encroachers of forest land or millions of forest dwellers inhabiting forests since generations as a measure to conserve wildlife. Finally, there is the lack of data on novel coronavirus disease (COVID-19) deaths among the forest dwelling population;

    Tardy administration, insufficient supervision, apathetic attitude and a lack of political intent defeat the cause of forest dwelling populations in India, thereby directly affecting efforts at arresting deforestation.

    Way Forward

    • Implementation of the LEAF Coalition plan will help pump in fresh rigour among developing countries like India, that are reluctant to recognise the contributions of their forest dwelling populations in mitigating climate change.
    • With the deadline for proposal submission fast approaching, India needs to act swiftly on a revised strategy.
    • Although India has pledged to carry out its REDD+ commitments, it is impossible to do so without seeking knowledge from its forest dwelling population.

    Tuntiak Katan, a global indigenous leader from Ecuador and general coordinator of the Global Alliance of Territorial Communities, aptly indicated the next steps at the Climate Summit:

    “The first step is recognition of land rights. The second step is the recognition of the contributions of local communities and indigenous communities, meaning the contributions of indigenous peoples.We also need recognition of traditional knowledge practices in order to fight climate change”

    Perhaps India can begin by taking the first step.