Analysis of the recently enacted law for the protection of native forests in Argentina

MINAVERRY, CLARA MARÍA

Sarajevo

Seminario; International Seminar Assesing forests Governance in a context of change; 2012

Facultad de Ciencias Forestales, Universidad de Sarajevo

Law N° 26.331 was published on the Official Gazette of Argentina on December 26th, 2007, and has 44 sections and one Annex. The minimum of native forest protection was established in this law, but any Province of Argentina can set higher standards than the ones mentioned here. In general terms, each Province have the obligation to prepare a Territorial Planning Report describing all their existing native forests, and classify them in accordance with its environmental values and the environmental services which they can provide. Bearing in mind the present situation of these resources in Argentina, which were qualified as of forest emergency because of the significant degradation on the ecosystems, we hope that this law could be efficient. Undoubtedly, this law represents a new opportunity to make a contribution to the native forest area, and to promote sustainable development in our society. There are several causes of deterioration of native forests, such as: the lack of planning, of information, of the Government´s control, and especially the surface expansion of the agricultural production and the increasing poverty. This law which was enacted in 2007 was the first one for the protection of native forests in Argentina. Law N° 26.331 prohibits the devastation of forests in an irrational way, but they could be used following the legal terms stated by the forest activity. The main objective of this law is to achieve Environmental protection standards, for the enrichment, restoration, conservation, and sustainable use of native forests and of their environmental services. What are considered Native Forests for this law. The territories with less than 10 hectares owned by indigenous communities or by small producers, are excluded from the application of this law. This Law establishes innovative concepts, if we analyze them in comparison with the existing legislation for the protection of forests in Argentina. This law was the first one in Argentina which recognizes the payment for environmental services. There was an advance in the environmental education, public participation and social pressure, as people collaborated and are still collaborating in the preparation of the Territorial Planning Reports. Also, it is really important that the Provinces, although they are autonomous, comply with the National Constitutional laws, and take into account the local interests as they are all connected with environmental issues, and specifically with the native forest´s protection. It is the first national law in connection with the protection of native forests, and it was proved that deforestation was reduced in a 60% since it was enacted. All the same, it´s very important that the inspections and controls continue being efficient and periodic, and that all the Provinces finish their Territorial Planning Reports. In conclusion, we can say that the regulation issued in 2009 (Decree N° 91/2009) didn´t solve all the problems which emerged from the law´s application. It is true that in some cases, the terms are not so easy to understand, and that in other the regulation is not complete nor gives enough information. The National Government didn´t give enough funds for an effective application of the law in the 2010 National budget, resulting in less than half of what was stated. It is important to add that Article 31 of Law states that the funds could not be lower than 0,3% of the National Budget of Argentina, and we have to add to this a 2% more coming from Agricultural primary and secondary products, cattle ship activities and forest activities exports for 2010.