Title: WRM BULLETIN 40, NOVEMBER 2000Source: WORLD RAINFOREST MOVEMENTMOVIMIENTO MUNDIAL POR LOS BOSQUESInternational SecretariatMaldonado 1858, CP 11200MontevideoUruguayPh +598 2 403 2989Fax +598 2 408 0762E-mail: wrm@wrm.org.uyWeb page: http://www.wrm.org.uyDate: November 27, 2000In this issue:* OUR VIEWPOINT- Those who did not "work it out" in The Hague* LOCAL STRUGGLES AND NEWSAFRICA- Gabon: The new Forestry Law and transnational companies- Kenya: Local peoples' land rights ignored- Nigeria: Shell's choice between profits and principles- Tanzania: Impasse on commercial shrimp farming at Rufiji DeltamangrovesASIA- India: Mining and plantations put National Park at risk- Laos: Subsidies for Swedish profits in the forestry sector- Malaysia: Campaign against plantation and pulp mill project inSabah- Malaysia: Where is Bruno Manser?- Thailand: A diversity-based community forest management systemCENTRAL AMERICA- Guatemala: Community forest concession initiative at PetenquestionedSOUTH AMERICA- Argentina: A shady carbon sink project- Brazil: Aracruz caught red handed destroying native forests- Chile: Wine production threatened by pulp mill project- Weyerhaeuser's president promotes plantations in GuyanaOCEANIA- Australia: Woodchipping old growth forests for "renewable energy"- Aotearoa/New Zealand: Logging company's dirty tricks revealed* GENERAL- Concerns over the revision of the World Bank's Indigenous Peoplespolicy- Films on forests and plantations receive award************************************************************ OUR VIEWPOINT************************************************************- Those who did not "work it out" in The HagueThe Sixth Conference of the Parties of the Convention on ClimateChange is finally over and nothing much appears to have been achievedto address global warming. This doesn't come as a surprise, giventhat the majority of government delegates -- with a few exceptions --focused more on how to obtain profits for their countries andcorporations from the new carbon trade than on finding true solutionsto the looming climate disaster.In fact, the conference was more like a weekend bazar than a UnitedNations meeting. A new generation of carbon brokers was out in force,adding their voices to more traditional "business NGOs" composed ofoil corporations and other major polluters of the atmosphere. Thenuclear energy lobby was also prominent in the event, trying to sellits "clean energy" as a solution to climate change.Unfortunately, other, more respected actors, including environmentalnon-governmental organizations, were also laying out their wares inthis marketplace, trying to sell forests and plantations as "emissioncuts" or "carbon sink mechanisms". This generated some divisionsamong NGOs and Indigenous Peoples' Organizations, which weakened theposition of those truly interested in addressing climate change.Southern governments, too, were divided on various issues,particularly the so-called Clean Development Mechanism.The atmosphere was much more humane outside the conference centre. Ademonstration organized by Friends of the Earth, for example, was ahuge success. People from all over the world joined forces to pile upsandbags to form an enormous dyke in front of the conference centre.Although the dyke was originally conceived as a symbol of the risingwaters which will come with global warming, it could also beperceived as a dyke to protect the world from the decisions -- of thelack thereof -- being taken inside the building.And that was precisely the main problem: the lack of political willto begin to do what everyone knows needs to be done. Or rather, toomuch political will from the large corporations which dominatepolitics in the US, Canada, Australia, Japan and other industrializedcountries, together with their armies of technocrats and tame civilservants. Thus French President Chirac's statement criticizing thetrend of the negotiations was a welcome surprise. Among other things,he stated that since 1992, Parties had fallen too far behind intaking actions to combat climate change, and cautioned againstfurther delays. Furthermore, he highlighted that the USproduces a quarter of the world's emissions, and that the per capitaUS levels of emissions are three times higher than those of France.He called on the US to join other industrialized nations in making asuccessful transition to an energy-efficient economy. He said the EUhad a duty to set an example by developing more economical forms ofconsumption and production in terms of natural resources.The US delegates were obviously not at all happy to hear this. Nordid they like Chirac's support for an effective, equitable agreementthat leaves room for future development, an independent and impartialcompliance mechanism, effective cuts by Northern countries in theiremissions, and assistance for the most vulnerable countries to adaptto the consequences of climate change. Noting that each country has aduty to build structures that cut its own emissions to a minimum on asustainable basis, Chirac emphasized that setting up projects toreduce emissions in other countries should not be seen as a means toescape domestic measures. He called for a prudent approach to usingcarbon sinks to alleviate climate change, and said that the ultimateaim should be the convergence of per capita emissions.Chirac's speech, however, was but a short parenthesis punctuatingclosed-door dealings aimed at undermining everything he called for.Emission cuts were never truly on the table. Neither was energyefficiency or renewables. Even less so equity and justice. Corporatelobbyists did their job well and visions of short-term financialgains for a few elites clouded the brains of many Southern delegates,whose countries and peoples will suffer most from climate change.Obtaining a few dollars from prominent polluters for forest andplantation projects was the aim of many -- never mind whether suchschemes were effective or not in slowing global warming. The US andJapan, meanwhile, got their money's worth from these offers of bribesin the form of support for some of their positions."Work it out!" was the official slogan of The Hague Conference. Asimple but meaningful slogan for anyone willing to understand and dosomething -- but apparently meaningless to most of the governmentdelegates present at The Hague. Future generations confronted withclimate change will remember them as those who did NOT work it out.(*) Quotations from Jacques Chirac's statement downloaded from theEarth Negotiations Bulletin************************************************************* LOCAL STRUGGLES AND NEWS************************************************************AFRICA- Gabon: The new Forestry Law and transnational companiesThe draft Forestry Law being discussed by the Gabonese Parliamentencourages the industrialization of wood within the country.According to the Ministry for Waters and Forests, the new law willestablish more strict rules concerning the exploitation of thecountry's forests. Concessions to private companies will be grantedfor a longer period of time, allegedly to favour the regeneration ofthe forest. The government elected in December 1998 argues that itspolicy tries to conciliate the interests of different agentsinvolved, with the aim of protecting the forests, and at the sametime diversifying its products. The Gabonese forestry sector hasuntil now strongly relied on the export of a single product: okoumeroundwood.Even though this initiative, which tends to the diversification ofthe country's economy, can be considered positive from amacroeconomic point of view, capital questions remain unsolved. Oneof them is that of public control over the use of natural resources.In Gabon, as well as in other African countries, due to institutionalstructural constraints protection norms are poorly implemented andenforced. Does the new legislation create financial mechanisms toensure that the companies' operations are effectively controlled onthe ground?The second relevant point is that of the so-called "stakeholders".While transnational logging companies, responsible for thedestruction of tropical forests in the country, remain the mostimportant actors, forest dwelling peoples continue to be ignored.Alternatives such as community forest management and locally-basedprocessing facilities are not taken into account. Additionally, thenew law appears to benefit specially --if not solely-- large loggingcompanies. In fact Societe Forestiere des Bois Tranches, Leroy Gabon,Thanry, Groupe Rougier, Societe de Grumes de la Ngounie and otherimportant companies will be granted concessions for even longerperiods, and will almost certainly be the ones industrializingroundwood, thus reaping the benefits of added value to the product.In the context of an economy heavily dependent on the exploitation ofnatural resources, massive foreign debt, and weak organization ofrural communities and civil society, the colonial vision prevails ofthe forest as a mere source of wood managed and exploited by foreignprivate companies. The new Forestry Law does not seem to help torevert this situation.Article based on information from: "Vers l'adoption d'une nouvelleloi forestiere", Panafrican News Agency, November 3, 2000; "Slave andEnclave. The Political Ecology of Equatorial Africa", MarcusColchester, WRM, 1994.************************************************************- Kenya: Local peoples' land rights ignoredEven though indigenous peoples and rural communities are the onesdirectly bearing the brunt of the destruction of rainforests byintruders, most national governments portray them as squatters andresponsible for the destruction of the forest and the extinction ofwildlife, and threaten them with eviction or undertake direct actionsto expel them from their homeland. This kind of abuse is often linkedto forest concessions awarded to logging companies --whichconstitutes an absurd paradox if the aim of the authorities were toprotect the forest-- or the declared intention of protectingendangered species, considering that nature conservation is onlypossible in the absence of human beings. Both types of abuses arehappening in Kenya and the following are two such examples.The Ogiek --a hunter-gatherer and harvester of honey people, dwellingsince time immemorial in the Mau Forest and adjacent areas-- haveonce again been menaced by the authorities in order to force them toabandon their ancestral lands. In 1991 the state partially recognizedtheir territorial rights to a portion of the Tinet forests, but thisdid not result in an improvement in their situation. Nowadays theOgiek --numbering some 5000 people-- have been pushed into the lastForest Belt of the former Mighty Mau and Mt. Elgon Forests. This isthe consequence of a process started in colonial times and continuedafter the country's independence until the present time.The successive governments have systematically ignored the Ogiek'sancestral land rights, and allocated large areas of former forestlands to the ruling elites. Additionally, part of the remainingforest has been granted to logging companies, which would lead totheir quick destruction. Even though Kenya ratified severalinternational treaties related to the protection of the rights ofindigenous peoples --like the International Covenant on Economic,Social and Cultural Rights and the International Covenant on Civiland Political Rights-- they have not been respected when concretepolicies are formulated and implemented.A second example of abuse over land rights is related toconservation. A plan to be implemented by the Kenya Wildlife Servicein the Tana River District in Coast Province --with financial supportfrom the Global Environmental Facility (GEF)-- to protect the red-capped manabey, an endangered monkey species, is being resisted byresidents of Ngao and Ndera locations. The official promise tocompensate land owners has divided the local residents into twogroups: one of them accepts to move from their farms along the river,while the other vows to stay, arguing that money cannot compensatefor the loss of their land and the dramatic change in theirlifestyle. In fact people are proposed to move to the semi-aridplains of Ozi and Kipini where there are no rivers.Molu Shambaro, a local leader and member of Parliament for thedistrict, who is opposed to the eviction, has expressed that localdwellers' rights have to be respected, and has proposed that thewildlife service involves local people in their campaign to conservethe Tana River mangabey instead of forcing them to leave their lands.Shambaro asserted that if local people get involved, wildlifeconservation and traditional lifestyle in the area will becomecompatible. He also accused both the government body and its GEFcounterpart of corruption, which is considered to be the main reasonfor the failure of conservation projects in the country.Article based on information from: International Network of Forestsand Communities, 27/10/2000, e-mail:network@forestsandcommunities.org ;http://www.forestsandcommunities.org ; Thousands Face Eviction toConserve Kenya's Tana River Mangabey, by Naftali Mungai,http://ens-news.com/ens/oct2000/2000L-10-20-01.html************************************************************- Nigeria: Shell's choice between profits and principlesShell is continuing its clever misleading propaganda orchestratedthrough advertisements circulating in the most influencial pressmedia of the North, in order to revamp its tarnished image andconvince public opinion that it is an environmentally friendlycompany. The campaign "Profits and Principles: Is there a choice?" isbased on beautiful photographs of wild animals, lush forests, andtender faces of African people accompanied by texts like: "Time andagain at Shell we're discovering the rewards of respecting theenvironment when doing business". "If we're exploring for oil and gasreserves in environmental sensitive regions, we consult widely withthe different local and global interest groups to ensure thanbiodiversity in each location is preserved." "At Shell we arecommitted to support fundamental human rights. We invest in thecommunities around us to create new opportunities and growths."Nevertheless in the Niger Delta reality could not be more far awayfrom the self image the company is making efforts to show. Since1958, when Shell arrived to the region a nightmare began for theOgoni, an indigenous nation of about 500,000 people living in thearea. Counting on the support of successive governments Shell tookhold of Ogoniland. As in other parts of the world where oil isexploited, the result has been high unemployment and poverty rates,environmental devastation and loss of livelihoods for the localpeople. Repression has been brutal. About 80,000 people had theirvillages destroyed and about 2,000 were killed by the state armedcorps. Last November 10th marked the 5th anniversary of the murder ofthe environmental leaders Ken Saro Wiwa, Barinem Kiobel, JohnKpuinen, Saturday Dorbee, Paul Levura, Nordu Eawo, Felix Nuate,Daniel Gboko and Baribor Bera. Their "crime" was to fight for therights of their people against abuses commited by Shell and theNigerian military government that was backing it.In 1993 the Ogoni declared Shell "persona non grata" and got it outof their lands. But after an absence of seven years the company ismenacing to return to Ogoniland. In April this year the announcementwas made that the only aim of Shell was to remove its remainingfacilities, which were causing environmental problems in the area dueto the emission of poisonous gases and uncontrolled leaking.Nonetheless in October Shell admitted that its real intentions wereto reactivate its 125 oil wells in the region. If this happensviolence, collusion and misery will increase. It is clear that Shellhas got an answer to the question of whether there is a choicebetween profits and principles. The answer is yes and the choice isprofits.Article based on information from: "Some things never change" byAndy Rowell and Owens Wiwa, The Guardian, 8/11/2000; "GreenwashAward: Shell. Clouding the Issue" by Kenny Bruno, 15/11/2000( http://www.corpwatch.org/greenwash/shell.html ); MOSOP Ogoni,17/11/2000, e-mail: mosopgb@hotmail.com(The full text of the memorial message from Ms. Gbenewa Phido,President of MOSOP-UK on 11/11/2000 to mark the 5th memorialanniversary of the murder of Ken Saro Wiwa and other Ogoni leaders,has been included in our web site under: Information bycountry/Nigeria. Previous articles published in our Bulletin aboutthe struggle of the peoples of the Niger Delta are available in thesame site)************************************************************- Tanzania: Impasse on commercial shrimp farming at Rufiji DeltamangrovesThe Rufiji Delta in South Eastern Tanzania holds some 53,255 hectaresof unspoiled mangrove forest. These mangroves are not only a keyelement for the environment in the region by stabilising thecoastline, building land through accumulation of silt and theproduction of detritus, preserving the quality of water, and servingas windbreaks for the hinterland, but also constitutes the source oflivelihoods for thousands of people living there (see WRM Bulletin12).In April 1999, Tanzanian NGOs were able to secure an interim orderstaying plans of the African Fishing Company's 10,000 hectare shrimpfarm project at Rufiji Delta. Would the project have beenimplemented, one third of the whole Rufiji Delta would have ended upin the hands of the company for a period of no less than ten years,thus threatening the livelihoods of thousands of local farmers andfisherfolk living in the delta, and causing severe environmentalimpacts that would have put at risk the future of the region.The panel of three judges chosen to hear and dictate on the casedisintegrated when one of its members retired and another one wastransferred. The case has not yet been assigned to another panel andit appears that at present there are not enough judges to constitutea new one. In the meantime, the company is said to be facing severefinancial constraints which would have even forced it to sell part ofits assets. Although the situation is not yet clear, it seems thatthe efforts carried out by concerned citizens and organizations havemanaged to save --at least for the time being-- the mangroves andlocal peoples' livelihoods.Article based on information from: Late Friday News, 71st Edition,October 2000; e-mail: mangroveap@olympus.net************************************************************ASIA- India: Mining and plantations put National Park at riskThe temporary work permit given to the Kudremukh Iron Ore Company(KIOCL) to continue the extraction of iron in the Kudremukh NationalPark, located in the Western Ghats region of the state of Karnataka,has given place to severe criticism from national and internationalenvironmental NGOs, which had been putting pressure on theauthorities for the company's request to be denied.KIOCL has been operating in the Aroli and Malleshwara regions ofKudremukh National Park, under a 30-year lease, which expired in July1999. Since then, the company has been lobbying to obtain a 20-yearextension on the lease, but it has only been granted two successiveyear long temporary permits.Impacts of mining in the area are apparent. A report of the IndianNGO Environment Support Group (ESG) proves that many fish varietieshave disappeared due to pollution, and points out that farmerscomplain about the decline in agricultural productivity downstreamdue to deposition of mine tailings. River pollution has provoked anincrease in cases of disease among villagers. In 1987 a 67 metre longslurry pipeline broke and its leakage reached the Yennehole River,which led to severe environmental damage.The only action supposedly undertaken by KIOCL to mitigate theimpacts on forests and rivers in the area has been to plant alientrees! The company adduces having implemented a "reforestation"programme by planting 7.5 million acacia, eucalyptus and other alientree species. If such claims were true it would make things evenworse, since the substitution of a portion of forest by a plantationprevents the regeneration of the secondary forest, therebyimpoverishing the environment. Both mining and plantations are adirect cause of deforestation. Nevertheless that of Kudremukhconstitutes a particular case where both activities combine todestroy the forest.At present the State Government has ordered an environmental impactstudy be undertaken before an extension on the lease is granted.However, this is not seen as a sufficient guarantee by localenvironmentalists. Leo Saldanha from the Environment Support Groupsays: "I sincerely believe that a systematic public campaign is themost appropriate option to ensure mining ends in Kudremukh. Nothinglike the people's will to bend a government that is intent onviolating public commitments and the law."Article based on information from: Drillbits & Tailings; 18/8/2000.Volume 5, Number 13************************************************************- Laos: Subsidies for Swedish profits in the forestry sectorOn 7th November 2000 the formal opening of a US$2.9 millionlaminated-wood processing factory took place at Nabong Farm, 30kilometres from Vientiane, the capital of Lao PDR. The factory willinitially sell timber pallets to IKEA, the Swedish retailing giant,and in future will produce furniture under the trademark Vicwood.Financing came from a series of loans --US$550,000 from IKEA,US$800,000 from the International Finance Corporation, the privatesector arm of the World Bank, and US$300,000 from Swedfund, theSwedish IFC counterpart. The timber will come from Burapha's1,200 hectares of Eucalyptus camaldulensis plantations, and from theAsian Development Bank's Industrial Tree Plantations project, whichaims to establish 10,000 hectares of plantations in Laos.Burapha's publicity materials claim that the factory will bring"beautiful hardwoods" to "discerning world markets withoutdevastating the natural tropical forests". However, while IKEA hasfound a new source of cheap timber, with or without Burapha's factoryproject the logging of Laos' forests continues.The Burapha Group is structured perfectly to gain the most from thesubsidies available for plantation development in Laos. The companyis a subsidiary of the Swedish forest industry company Silvi Nova AB,and in Laos consists of three companies: BAFCO (Burapha AgroforestryCo. Ltd.); NAFCO (Nabong Farm Co. Ltd.); and BDC (Burapha DevelopmentConsultants Co. Ltd.). The first two companies are commercialventures --BAFCO produces and exports wood based products from itsown plantations, and NAFCO is a dairy farm which supplies Vientianewith dairy products, chicken and eggs. BDC however plays a verydifferent role, being the largest consulting firm in Laos, providingadvice on financial analysis, engineering, environment, forestry,agriculture and livestock and rural development.In the early 1990s Burapha Development Consultants (along with JaakkoPoyry) won a contract for consultancy services for the AsianDevelopment Bank's US$16 million Industrial Tree Plantations Project.Today, the Burapha Group factory in Nabong buys timber fromeucalyptus plantations established under the ADB project.In 1995 Jaakko Poyry and Burapha produced a report for the ADBcommenting on the Lao Government's laws on plantations, Directive186. Among the consultant's recommendations were that export taxesand transport taxes should be reduced. In other words, theconsultants recommend increasing their company's profits at theexpense of villagers' land and livelihoods.When the Lao Government gets advice from forestry consultants througha project funded by the Asian Development Bank, it may believe thatit is getting the best advice that money can buy. In Burapha's casehowever there is a clear conflict of interest. The company isproviding advice recommending more subsidies through the ADB toproduce cheap timber which Burapha then buys and exports. No wonderthat a Burapha representative in Vientiane said about the ADBproject, "The project for Burapha has been a success, I'm not sureabout the project as a whole".By: Chris Lang, e-mail: chrislang@t-online.de************************************************************- Malaysia: Campaign against plantation and pulp mill project inSabahA plantation project that would occupy about 3% of the area of Sabah,in northern Borneo, and provoke the clearcutting of 6% of itsdwindling primary forests is being promoted in Kalabakan by a joint-venture between the State-owned company Innoprise Corporation SdnBhd, Lions Group of Malaysia and the China Fuxing Pulp and PaperIndustries of China. The plantation and pulp and paper millmegaproject, whose cost has been evaluated in U$S 1.1 billion, willrequire the felling of 240,000 hectares of forest to be replaced by amassive monoculture plantation of black wattle trees (Acacia mangium)--also known as dry acacia or mangium tree-- a fast growing treenative to Australia.The project has sparked criticism because of its expected impacts andfor not having even adhered to the weak legal environmentalrequirements existing in Sabah. According to the Sabah Conservationof Environment Prescribed Activities, any forest which is cleared forthe felling of timber covering an area of 500 hectares or more or anydevelopment of forest plantation of 500 hectares or more requires anEnvironmental Impact Assessment (EIA). Nevertheless 12,000 hectaresof the land of the proposed project have already been logged withouta single EIA done. Innoprise Corporation has claimed that no EIA isrequired since the logging operation was approved before the StateEIA requirement was enforced, and announced the logging of another33,000 hectares. The company completely ignores the FederalGovernment's Environment Quality Act of 1974 and the EnvironmentalQuality Order of 1987 which oblige to perform EIA for these kind ofactivities. Sahabat Alam Malaysia (SAM) --Friends of the EarthMalaysia-- has denounced that by allowing the logging to proceedwithout an EIA, the Sabah Government is completely disregarding theenvironmental impacts of the logging activities and is manipulatingthe law in favour of the interests of big companies and to thedetriment of forest conservation.It is reasonably feared that this huge plantation will provokedeletereous impacts on the environment. The plantation area will cutthe biggest remaining block of continuous forest in the region whichextends between the Danum Valley and the Maliau Basin, bothclassified as Class One Protection Areas. The area contains highbiodiversity levels, including 120 mammal, 280 bird, and more than2500 tree species. This biodiversity rich ecosystem is in danger ofbeing substituted by a uniform and biodiversity poor agrosystem.Already wild animals are reported to have been sighted more often,probably fleeing from the logged area. Since the land of the proposedproject is mostly steep, felling for plantations will expose the soilto direct erosion by rainfall. Sediments could reach the coastalmangrove vegetation in Cowie Bay, depleting marine resources.Consequences are already apparent: with only 12,000 hectares loggedthe Danum Valley has been recently flooded. Local microclimate willalso be affected because often once the rainforest is replaced with aplantation it will dry and heat up. Additionally, this could createnegative conditions for the plantation itself, which would becomemore prone to fires.The effects of pulping and bleaching are also threatening. The use ofchlorine in bleaching the pulp has caused the industry to be thethird largest source of dioxin and its related compounds in theworld. This problem is further compounded by the fact that Malaysiastill has no policy on dioxin damage prevention. Carbon dioxide,sulphur oxides and chloroform are some of the polluting gases emittedby this industry. Furthermore about 300 chemicals, among them organicpollutants, chlorophenicols, acidic and organichlorine compounds havebeen identified in pulp and paper mill effluents.To stop further destruction, SAM has called the State Government ofSabah and the Federal Government to halt all further loggingactivities, take action against the parties that are responsible forlogging the 12,000 hectares of forest without an EIA, undertake acomprehensive EIA of the project, seek extensive and genuine feedbackfrom the public in relation to the reviewing of the EIA, review as awhole given the magnitude and scale of its expected environmentalimpacts. Additionally an international campaign has been launched tooppose this project. Those interested in participating are invited tovisit our new web site (www.wrm.org.uy) under Action Alerts - October2000.