Friday, September 28, 2007

GOIP and APA should concentrate on protecting Amerindian rights

GOIP and APA should concentrate on protecting Amerindian rights
Guyana Chronicle, 28 September 2007

There was a report carried in SN 11/8/07 that the UN is putting forward
an Indigenous Peoples Rights Declaration but that Guyana wishes a few
clauses to be reviewed.

Guyanese Organisation for Indigenous People (GOIP) and Amerindian
Peoples Association (APA) are saying that the government should go
ahead and sign the document without clarification of any clause. The
position of GOIP and APA are illogical and shows a woeful ignorance of
how much documents are accorded to.

More important to me however, is why APA and GOIP do not do more to
protect young Amerindian people, in particular young Amerindian women.
Amerindians are being robbed every day in the vicinity of the
Amerindian Hostel in Princes Street, but neither of these organisations
have said or done anything about it, as well as the large numbers of
Amerindian women who are sexually exploited and driven into
prostitution.

Why don’t APA and GOIP tackle this problem and seek out the bars,
restaurants and night-clubs which are carrying on this kind of sexual
exploitation.

Or why don’t they address the economic and ecological devastation which
is being threatened by the East Asian logging companies and the
Amerindian rights being trampled upon.

Also in the new mining and forestry developments, Amerindian employees
are being exploited. Various diseases are spread among the Amerindians.
Both GOIP and APA are doing nothing and it is time they bestir
themselves and stop their present skylarking.
Henry G. Niles

Wai-Wais ink historic forest conservation deal

http://www.stabroeknews.com/index.pl/article?id=56529737

Wai-Wais ink historic forest conservation deal
By Gaulbert Sutherland
Stabroek News, Friday, September 28th 2007

Welcome to Masakenari: Minister of Amerindian Affairs, Carolyn
Rodrigues (left) being accorded a traditional greeting on arrival at
the Wai-Wai community on Wednesday.

Guyana's first local Community-Owned Conservation Area (COCA) was
officially established with the signing of an agreement between the Wai
Wai community of Masakenari and Minister of Amerindian Affairs, Carolyn
Rodrigues on Wednesday.

This followed months of consultations with villagers and commits an
area of forest approximately 625,000 hectares (just over a million
acres), held by the Wai-Wais in southern Guyana for conservation
purposes. Residents will manage the area in accordance with rules,
which the minister approved on Wednesday. The rules will allow the
residents of the community to utilize the resources in a sustainable
manner.

After gaining title to the land in 2004, the community had expressed a
desire to establish it as a conservation area, and as a result, signed
a Memorandum of Cooperation (MOC) with the government and Conservation
International (CI). A release from CI at the time said that under the
MOC, the parties will work together to jointly evaluate the ongoing
resource use, the needs of the Wai-Wais and the impact of traditional
land uses on biodiversity and eco-systems. Other stated aims were to
increase local, national and global awareness about the importance of
bio-diversity and eco-systems in the Konashen District and develop
sustainable land and resource use practices that satisfy the needs of
the Wai-Wais while conserving ecosystems and biodiversity. The MOC also
set out to identify and address threats to the integrity of the
Konashen District and identify and develop income-generating projects
and potential sources of funding for the projects.

On hand to witness the historic ceremony held inside a traditional
benab at the remote Region Nine (Upper Takutu/Upper Essequibo)
community were villagers, representatives of CI, Regional Chairman
Clarindo Lucas and indigenous persons from Brazil, Suriname and French
Guiana as well as residents of surrounding communities.

The rules under which the area will be managed are the first set
enacted under the Amerindian Act and will be the by-laws of the
village. The document is to be gazetted.

A section of the gathering that witnessed the signing of a document
that officially established the 625,000 hectares of land held by the
Wai-Wais as a community owned conservation area. This was on Wednesday
at Masakenari in southern Guyana.

Rodrigues promised the Wai-Wais on Wednesday that when legislation was
enacted to establish a National Protected Areas System (NPAS), the
isolated community would be among the first included.

The minister, describing the occasion as a "historic achievement"
expressed happiness that after months of work the first community-owned
conservation area was being established. She noted that it was the
"first one in the history of Guyana owned by the most remote Amerindian
community". She declared that Masakenari was setting the example for
other Amerindian communities in Guyana and asserted that "the community
would benefit even more in the long run with all the international
attention being given to standing forests".

Meanwhile, giving an overview of the project, CI's Biodiversity Analyst
Curtis Bernard said the process began when the community was given
absolute grant to 625,000 hectares of land in February 2004. He said
the community approached the organization to assist in developing a
management plan for the land and the MOC was signed. Since then, he
said, the organization worked with the community "in a very
participatory way", with the village leading the process. He said
meetings were held, the plan was publicised and capacity building was
undertaken. The community had formulated several goals including family
development, community development, keeping of the traditional way of
life and maintaining biodiversity. Bernard noted that there was still a
long road ahead and the community will be supported in managing the
land.

Speaking with Stabroek News shortly after, Bernard said the next step
would be the finalization of the management plan "to do the things the
community is setting out to do". He said this was likely to happen by
early next year and stressed the continued involvement of his
organization. He noted that the area was identified to be part of the
NPAS and CI would continue to work with the leadership group to manage
it.

Bernard said the community was very interested in tourism and "various
other business activities such as hosting researchers" adding that to
an extent that was already happening and scientists had expressed
interest in visiting the area. The community had previously hosted a
group of CI-led scientists who had conducted a Rapid Assessment
Programme (RAP) of the area's biodiversity.

The biodiversity analyst added the craftwork of the Wai-Wai community
was unique and there was a market for it; it was just a matter of
linking production with the marketplace. He noted that there were
similar community-owned conservation areas in South America, notably in
Brazil though they may not have the same structure.

Yowkari Mawasha, a community representative, said that since the 1930s,
"there was a vision of our leaders and forefathers that one day we
would be the owner of the land". He noted that in 2004 this was
realized when the absolute grant was handed over to the Konashen
village council. He said the community has three main goals,
conservation of the biodiversity, family development through provision
of jobs and community development. "The support needed is to continue
building our capacity to manage this area to benefit the community,
country and the world at large," he asserted.

Residents who spoke with Stabroek News afterwards described the
agreement as "alright", with some stating that there were already
changes within the village since the partnership with CI.

The 625,000 hectares of titled land is the largest plot held by any
indigenous group in Guyana. The just over 200 persons who reside there
mainly members of the Wai-Wai nation.

Forestry scam… GHRA statements uninformed • GFC

Forestry scam… GHRA statements uninformed • GFC
Kaieteur News, 28 September 2007


As the debate continues to rage over the state of the forestry sector,
the Guyana Forestry Commission (GFC) is trading barbs with and has
slammed a press statement by the Guyana Human Rights Association
(GHRA), accusing the watchdog group of making uninformed statements.

On Wednesday, GHRA had called for the temporary suspension of Forestry
Commissioner James Singh, and said that GFC could not credibly
investigate itself.

In a response yesterday, the regulatory forestry body, brushing off
calls for Singh's suspension to facilitate an ongoing probe, said that
the effectiveness of GFC's control procedures is demonstrated by the
fact that officers from the Monitoring and Internal Audit Unit were the
ones who detected suspected breaches in the GFC's procedures at some
locations.

“This information was publicized by the Ministry of Agriculture, since
stakeholders have been calling on the GFC to be more transparent and
accountable,” said GFC.

Stressing that it is the agency in charge of managing Guyana 's state
forest and while the intentions are to have full compliance with all
parties, the entity acknowledged that there have been defaulters from
time to time.

As a regulatory agency, GFC said it had the mandate to carry out its
current investigation with respect to the suspected breaches that the
GFC has informed the nation about.

“It is therefore unacceptable for the GHRA to now castigate the GFC for
this exposure, and make uninformed statements such as: “The announced
investigation is not the result of internal GFC zeal, but external
pressure from national and international agencies and the activists
outraged by the irresponsible plundering of Guyana's forests.”

According to GFC, other statements made by GHRA in the press release
are incorrect and designed to tarnish the integrity and professionalism
of GFC.

“The GFC accepts that some officers may be unprofessional in the
execution of their duties but as an entity, the GFC is recognized
locally, regionally and internationally for the very positive and
tangible steps taken to regulate the forest sector, and encourage
sustainable forest management practices.”

Following increased attention on the forestry sector, especially with
accusations that there was across-the-board corruption, two
high-ranking officers of GFC were disciplined last month, with one of
them being dismissed.

On Tuesday last, Minister of Agriculture Robert Persaud, along with
Singh, announced that GFC has unearthed some irregularities in its
records, which if confirmed to be improper, could have far reaching
implications on royalties, honesty of GFC rangers and taxes. A
widespread investigation into several companies that have forestry
concessions is now underway.

Regulations needed for use of hinterland roads-- PNCR calls on government to develop road protocol

Regulations needed for use of hinterland roads
-- PNCR calls on government to develop road protocol
Guyana Chronicle, 28 September 2007

THE main opposition party, People’s National Congress Reform (PNCR) is
calling on the government to urgently involve all stakeholders in the
development of a protocol for the use of hinterland roads in Guyana.

The party suggested that this protocol should be one that is acceptable
to all stake holders.

“We believe that an approach, which is based on inclusiveness and, a
protocol that is reflective of all the interests involved, is the only
option for success,” the PNCR said during a news conference at its
Congress Place, Sophia headquarters yesterday.

The party said it is “resolutely committed” to a development approach
which explicitly recognises that the resources of the hinterland must
be utilised, not only for the general development of Guyana, but that
the socio-economic development of hinterland communities and must
reflect the beneficial effects of growth and prosperity for all
Guyanese.

The PNCR is also advocating that all enterprises operating in the
hinterland “must be treated equally”.

According to the party, the government has procrastinated on the
negotiation of a protocol for the use of hinterland roads.

It is claiming that this has resulted in the present controversy over
the miners using the Barama constructed road in Region 1
(Barima/Waini).

“A team, appointed to undertake the negotiation of a Memorandum of
Understanding on this issue, has failed to complete their task in a
timely manner (and) the entire episode is a manifestation of poor
governance, at two levels,” the PNCR stated.

“First, it is a government dominated team comprising Mr. Robeson Benn,
Mr. James Singh and Mr. Andrew Bishop - it excludes many of the key
stakeholders…and secondly, that the team has failed to complete its
work, in more than two years, is partly responsible for the conflicts
that are occurring in our hinterland.”

The PNCR also claimed that it has always placed the development of the
hinterland high in importance for the development of Guyana.

In this regard, it expressed concern that the present government does
not have transparent policies, and a clearly articulated plan, for the
development of the hinterland.

Transfer must be done in accordance with national law and policy

Transfer must be done in accordance with national law and policy
Kaieteur News, 27 September 2007


Dear Editor,

Perhaps the institutional memory of the Guyana Forestry Commission
(GFC) is faulty. In SN's report, “GFC satisfied with asset transfer
between Jaling, Bai Shan Lin” (SN 07.09.25), Minister Robert Persaud
appears to have said that Demerara Timbers Limited (DTL) did not have
the necessary expertise to produce the quality of value-added products.

When the Government of Guyana established the original Demerara Woods
Ltd. (DWL), and East German aid built what was then said to be the most
modern, largest and best tropical hardwood sawmill in South America
(article in the journal World Wood), DWL claimed just that expertise.
Likewise, when DWL became DTL, and passed into Dutch ownership, the
Green Charter then issued by the company repeated much the same claim
to expertise in value addition to tropical hardwoods, and to market
access. How has the GFC permitted these changes in effective ownership
and/or managerial control without conducting a full exercise in due
diligence using external expertise? The GFC has failed to substantiate
DWL/DTL claims to expertise in the past.

What has happened recently to encourage the Minister for Forestry to
repeat such claims, in this case, about the expertise of Bai Shan Lin
which cannot run a mill properly at Linden/Coomacka? (Bai Shan Lin a
slave camp – workers. Kaieteur News, 15th August 2007. No regard for
Guyanese workers. Kaieteur News, 21st August 2007. GFC, Labour Ministry
investigating Bai Shan Lin operations… willing and prepared to take
action if necessary – Persaud. Kaieteur News, 21st August 2007). As for
other Timber Sales Agreements (TSAs), the long-term large-scale logging
concession was granted because the enterprise claimed that the forest
would feed a modern industry. Is this not a good example of a situation
where the investor (DTL) has failed and the sawmill licence and TSA
should be rescinded?

Then, and in accordance with the National Forest Policy 1997, the
concession should be re-tendered according to the law on State Forest
Exploratory Permits, and bidders would have to explain in their
applications how they would run the associated mill.

This information should be in the public domain, not a deal involving
Guyana 's publicly-owned natural resources but conducted between
private sector enterprises, with the GFC hovering uncertainly in the
background without the expertise to intervene effectively.

Janette Bulkan

GHRA demands independent forestry investigation - urges temporary suspension of Commissioner

GHRA demands independent forestry investigation
- urges temporary suspension of Commissioner
Kaieteur News, 27 September 2007

Following Tuesday's announcement that an extensive investigation has
been launched into the timber industry, the Guyana Human Rights
Association (GHRA) yesterday called for the immediate suspension of
Forestry Commissioner James Singh and slammed the government for making
an “unacceptable and inadequate response”.

In a statement, GHRA also urged that for the probe to have any
credibility, independent investigators must be appointed since the GFC
could not police itself.

According to the watchdog group, the announcement by the Ministry of
Agriculture of “an internal investigation by the Guyana Forestry
Commission (GFC) into under-pricing and false declarations of timber
products is an unacceptable and inadequate response to allegations of
irregular, illegal and corrupt activities taking place in this sector.

“Two minimum conditions for the credibility of the investigation are
the temporary suspension of Forestry Commissioner, James Singh, and the
appointment of independent investigators.”

GHRA noted that in addition to under-pricing, the past decade has seen
a catalogue of dubious and illegal management practices including
over-logging of prime species, ‘land-lording' of concessions,
non-payment of revenues, labour exploitation of indigenous people,
reverse buy-outs disguising true ownership, preference for foreign
labour over Guyanese labour, and destruction of national and
Amerindian forest assets.

“Whether Commissioner Singh may be involved in any of the activities
under investigation is not the point. He has presided over a key
statutory body over the period of years this catalogue of accusations
has accumulated,” GHRA pointed out.

Further GHRA opined that that the announced investigation is not the
result of internal GFC zeal, but rather the external pressure from
national and international agencies and activists outraged by the
irresponsible plundering of Guyana 's forests.

Regarding statements made that the probe was prompted after the GFC
started scrutinizing closely its books for the past three months, GHRA
expressed its disbelief: “This is not a recent problem.

As long ago as 1994, sixty-one local and international signatories
including virtually every major environmental network and agency on the
planet wrote to the Government of Guyana and all donor agencies on the
occasion of the World Bank Advisory Group Meeting in Guyana.

That statement urged that: “The Government freeze the handing out of
logging concessions and institutes a Commission of Inquiry into the
performance of the industry. As well as reviewing the effects on
Amerindians, paying special attention to their land rights, the
Commission should make public the content and extent of all Timber
Sales Agreements and logging concessions, assess the conditions of the
labor force in forest operations and establish to what extent the
Forestry Commission is able to ensure effective forest management.”

The statement also quoted Stabroek News of October 29, 1993, to the
effect that “the Agency clearly is unable to perform its functions…it
is largely unable to collect the fees it is due and unable to enforce
planning requirements and environmental safeguards.”

GHRA said that such terms of reference for an independent Commission of
Inquiry remain even more valid today than when first formulated and
should replace the proposed investigation.

The recent dismissal of a Deputy Commissioner of the GFC is a trivial
response to the scale of the problem, and the “nation deserves adequate
assurance that its ancient forests are receiving the protection they
require,” the statement said.

“The Ministry's release refers to under-declaration and pricing of
logs, which is a short-term loss of revenue to the nation. It remains
silent on the irrevocable damage to the global environment this
plundering represents.”

The investigations, said GHRA, if further strengthened by an
independent would lend more credibility to the arguments of President
Bharrat Jagdeo who is currently lobbying world leaders gathered at the
UN in New York to discuss climate change and carbon credits.

“His arguments that nations, like Guyana , which have not squandered
their forest patrimony deserve more equitable financial support, would
be further strengthened by a vigorous and impartial inquiry.

In an unprecedented move Tuesday, Government disclosed it had launched
an intensive investigation into the forestry sector after several
discrepancies were unearthed.

Guyana Petition ForestBill 2007 26 Sep07

Dear Fellow Petitioners and Friends

Please find attached a file (contents also pasted in below) named
‘Guyana_petition_ForestBill2007_26Sep07’. This email is also copied to
the AFC Parliamentarians who have agreed to present the Petition to the
Members of the National Assembly on our behalf. This petition combines
the separate efforts of a number of persons. Please feel free to
circulate this updated draft Petition.

I am away from 28 September to 8 October, with no computer access
during that time. I am submitting this petition now to the AFC
Parliamentarians in the event that a sitting of the National Assembly
is convened on 11 October and before a further iteration of the
Petition can be ready - so that they can submit it on our behalf.

I would be happy to receive comments on this draft from you; however I
will not be able to read and act on those comments until sometime after
9 October 2007.

You can find a copy of Forest Bill 2007 on the GFC website, url =
http://www.forestry.gov.gy/. You can find the draft Forests Act 2004
and the Forest Bill 2007 in the August folder of
http://www.guyanaforestryblog.blogspot.com.

I am submitting separately to the AFC Parliamentarians only a list of
signatories received. You will have noted that I have not circulated
this list to date, in an attempt to protect signatories from
vilification.

Until later, Janette


GUYANA

COUNTY OF DEMERARA

In the matter of the WITHDRAWAL of
Bill number 21 of 2007:
Forest Bill 2007

PETITION

TO: The National Assembly of the
Co-operative Republic of Guyana
Public Buildings
Georgetown.

THE HUMBLE PETITION of we the undersigned citizens of Guyana who
respectfully request the withdrawal of Bill Number 21 of 2007, Forest
Bill 2007, is set out in three parts. Part 1 lists some observations on
individual sections in the Forest Bill 2007, with cross-reference to
the 6 February 2004 version. It notes a number of the sections and
clauses of the Draft Forests Act 2004 which have been excised from the
Forest Bill 2007 without explanation and justification for the
deliberate removal of some, and insertion of new clauses and sections
which, taken together, weaken the Forest Bill 2007. Part 2 sets out 11
general principles which we believe should guide the revision of the
Forests Act 1953 and all legislation. Part 3 lists some examples of the
many errors in Bill No. 21 of 2007 taken only from the first section of
Part 1 of the Forest Bill 2007, by way of illustrating the thorough
overhaul needed on this Forest Bill 2007 and which should now be
undertaken by competent technical persons.

The National Assembly should ensure that the key natural resources of
our country, on which the future sustainable development of Guyana
hinges, are managed as required by Article 36 in the National
Constitution 1980 and so as to maximize the net social benefit.

Background

More than half a century has passed since the 1953 Forests Act was
drawn up by the lawyer-forester W.A. Gordon to address the particular
problems of that era – primarily to create the classification of Crown
Forests (now State Forests), harmonise forestry-related legislation
scattered throughout other Acts with those in the new Act, de-link the
conservation and administration of forests from the revenue collection
focus of the Department of Lands and Mines, and create a Forest
Department.

2.1 The process of revising that 1953 Forests Act underwent several
iterations from the mid-1990s. The final publicly-available draft
Forests Act 2004 benefited from the vision for the forestry sector set
out in the National Development Strategy 2000-2010 and from broad
stakeholder consultations and international best practice at that time.
However, the legislative revisions of 1995-6 are now insufficient to
adjust to the newer international imperatives concerning trade in
tropical timbers and the need for independently verifiable proof of
legal and sustainable production.


The special hazard of Forest Bill 2007
Unlike the Draft Forests Act 2004, there are few safeguards in the
draft Forest Bill 2007 against a bureaucracy captured by special
interests. This change, a reflection of the exceptional profits to be
made from expanded Asian demand for raw materials especially in the
booming economies of China and India, deprives Guyana of the
opportunities to secure for our country a greater share in those
profits and without detriment to our long-term productivity. To make
that happen, we must ensure that the bureaucracy does not take to
itself discretionary powers without public oversight. Best
international practice is indeed in quite the opposite direction: to
capture excess rent through transparently-set charges, to reduce
discretion from bureaucrats, to insist on published criteria for
exceptional cases, and to increase public oversight especially through
parliamentary processes. Public notice has been reduced and highly
circumscribed. The draft Forest Bill 2007 was circulated only to you,
the Members of the National Assembly, on 2 August 2007 and only in
printed format. The draft Forest Bill 2007 and the ‘Final GFC Bill –
Nov 2006’ – were only placed on the GFC website sometime after 15
August 2007. The Draft Forests Act 2004 was more widely available in
print and electronic formats.

We note the simplicity and clarity of the Forests Act 1953 in
comparison with the convoluted and unclear wording in the Forest Bill
2007. This lack of clarity alone should cause this Bill to be sent
back for a thorough re-drafting.

We respectfully remind you of the historic responsibility before you to
review the Forest Bill 2007 section by section, clause by clause,
against the Draft Forests Act 2004, against the backdrop of the
changing circumstances of the forestry sector in our country today. We
urge you to be mindful of the urgent need to safeguard our sovereignty,
as well as seeking to ensure good governance, transparency in decision
making and accountability for decisions in all public institutions
charged with the administration of national patrimony. You may wish to
take note of a recent World Bank caution with respect to the award of
forest concessions, “Where the concession in effect transfers a public
property right into private hands, there may be traditional or
constitutional reasons to require higher-level approval, such as action
by the legislature, the head of government, or the head of state”
(Forest Law and Sustainable Development: addressing contemporary
challenges through legal reform. Law, Justice, and Development Series.
2007, p. 57. Washington D.C.: The World Bank).

We urge you to examine the systematic culling of all participatory
processes, oversight and best practice from the Draft Forests Act 2004,
including but not limited to the following fundamental revisions:

Part 1
Some observations on individual sections in the Forest Bill 2007, with
cross-reference to the 6 February 2004 version

1.1 Vesting of wide discretion and monopoly power in “the Commission”

1.1.1 There are over a dozen references in the Draft Forests Act 2004
to the Board of Directors of the Guyana Forestry Commission (GFC) and
none in the Forest Bill 2007. In its place, broad discretionary powers
are vested exclusively in the “Commission”. . Placing limits on a
discretionary power is a trend in modern legislation, aimed at making
public officers more accountable.

1.1.2 The over 30 references to the Minister in the Draft Forests Act
2004 have been reduced to fewer than five, thereby eliminating even the
nominal control by elected Ministers.

1.1.3 The Forest Bill 2007 transfers and enlarges broad powers to the
“Commission” without criteria for their use.

1.1.4 The procedures for competitive bidding set out in 16 (6) of the
Draft Forests Act 2004 have been neutered.

1.1.5 The provisions for indexation (against inflation and currency
movements) of volume charges and levies on forest produce and
administrative fees set out in s. 50(1) and for the charging of
interest on arrears (s. 51) of the Draft Forests Act 2004 have been
excised.

1.1.6 Fees for all applications under the Bill are dealt with in clause
80 – but are left to be determined by the Minister. The application fee
of US $20,000 for an Exploratory Permit (in 16 (2) of the Draft Forests
Act 2004) has been removed.

1.1.7 Discretionary power is granted in s. 13 (2) of the draft Forest
Bill 2007 to the Commission to waive a security bond; such a bond
provides the State with financial cover against environmental damage
and non-payment of charges, and was spelled out in s. 26 of the draft
Forests Act 2004.


1.2 Restriction of activities / Amerindian customary rights in State
Forests
1.2.1 Section 5. (2)(e) in the Forest Bill 2007 permits the granting of
a concession on claimed Amerindian land, thereby removing the safeguard
provided in the Forests (Amendment) (Exploratory Permits) Act 1997.
The saving of Amerindian customary rights, set out in Clause 17(3) of
the Draft Forests Act 2004 appears to have been excised.

1.2.2 Section 5. (2)(e) amounts to a saving of traditional Amerindian
rights in State forests, but there are two objectionable features to
it:

First, only rights, etc. held immediately before the coming into force
of the legislation will be saved. This freezes traditional rights at a
particular date, whereas the customs, practices and traditions of any
community of people are not static. If indigenous peoples were not able
to evolve and adapt to changing circumstances then they would have long
since become extinct. The restriction in this clause denies them that
freedom to adapt.

Second, only rights, etc. that are “exercised or performed sustainably
in accordance with the spiritual relationship of the group with the
land” are saved under this provision.


1.3 General saving of Amerindian rights – omitted
Clause 63 in the 2004 draft Forests Act has not been reproduced in the
draft Forest Bill 2007. That clause provided:
“63(1) For the purposes of this Act, all lands in State forests
occupied or used by Amerindian communities and all land necessary for
the quiet enjoyment by the Amerindians of any Amerindian settlement,
are deemed to be lawfully occupied by them.
(2) Nothing in this Act shall be construed to prejudice, alter, or
affect any right or privilege heretofore legally possessed, exercised
or enjoyed by any Amerindian in Guyana.”

This savings clause, in one form or another, has been in natural
resources legislation in Guyana from since the mid-nineteenth century.
The 2004 draft Forests Act, based on the 1989 Mining Act provision, is
strongly worded and could be construed as saving traditional rights
even in granted State forests.

Although clause 5(2)(e) of the draft Forest Bill 2007 saves traditional
rights in State forests, the omission of a clause comparable to 63(2)
set out above means that there is nothing to prevent the State from
issuing forest concessions on untitled Amerindian lands.

Further, although the Amerindian Act 2006 saves traditional Amerindian
rights in State lands/forests – this is expressly confined to the
provisions of that Act and therefore does not preclude the GFC from
issuing concessions on untitled lands. Finally, the omission of any
such general savings clause means that the provisions authorizing the
issue of a forest concession will probably operate to terminate
pre-existing rights over the area comprising the grant, at least in
relation to obtaining forest produce.

Guyana is unusual in not having a formal settlement procedure
associated with government attempts to declare public land as State
Forest or an area protected for conservation of (forest) habitat or
biodiversity. In the absence of integrated land use planning, such
declarations can appear arbitrary and unjust. There are ample and
detailed descriptions in the technical literature on the operation of
long-tested reservation and settlement processes, which should be built
into the revised Forest Bill. That should help to clarify customs,
privileges and rights associated with previous and current use of
natural resources. It could also provide the equivalent of a
roundtable for considering the increasing demands on natural resources,
and the conflicts which arise from increasing demographic pressure.


1.4 Private trading of public forest assets – s. 6
Clause 6. (1) among others in the Forest Bill 2007 could lead to the
legalization of the current illegal trading of forest concessions,
instead of requiring the GFC to develop and implement a Strategic Plan
for concession allocation before advertising new or repeat areas
(National Forest Policy of October 1997 (section III B 1 b) and the
National Forest Plan of February 2001 (section NFP320).

Given the present illegal trading of concessions, which has now
resulted in the concentration of the best stocked and the lion’s share
of State forests under the control of a few foreign companies, the
Forests Act should limit the transferability of concessions. The draft
Forest Bill 2007 does the opposite.


1.5 Grant/renewal of larger concessions – s. 8
The Commission is empowered to renew long-term large-scale forest
concessions in spite of their non-compliance with the terms of the
concession award (Section 6.(8)). This is predicated upon the approval
of a forest management plan and an annual operations plan for the
concession area sought. The rest of Forest Bill 2007 is entirely silent
as to substance or procedure applying to this requirement.

1.6 Exploratory permit – s. 9
The safeguards set out in the Forests (Amendment) (Exploratory Permits)
Act 1997 have been rendered useless as a block on piratical logging.
Clauses 9. (1), 9.(2)(b) among others in the Forest Bill 2007 allows
commercial logging during the period of an exploratory award (SFEP) so
as to recover a proportion of the investors' application fee and other
non-capital costs associated with gaining and operating the SFEP. As no
criteria are given, the investor can inflate costs to the point at
which the SFEP becomes indistinguishable from a Timber Sales Agreement.

1.7 Transfer of permits, concessions and licences – s. 15
This section needs revision to take account of the rampant illegal
sub-contracting of concessions which brings no economic or social
benefit to Guyana.

1.8 Community Forest Management Agreement (CFMA) – s. 11
What is striking about this clause is its obfuscation. It omits any
mention of rights to utilize forest produce in community forests, but
the substituted language does not spell out exactly what would be
permitted therein. Under sub-clause (2) it is provided (guardedly) that
a CFMA may help communities “benefit” from local forests but there is
no indication of how such benefits will come about. That some kind of
commercial activity is contemplated is clear because of the rest of the
provision that speaks of economic development and income generation.

This clause is also unconstitutional, at least insofar as it sanctions
the uncompensated appropriation of untitled Amerindian lands. Under
sub-clause (4) persons “having strong traditional ties to use of the
forest” must be given “a free and fair opportunity to join…” the group.
Since this formulation captures Amerindians who live on untitled lands
and possess traditional rights as recognised under the common law, the
law must provide for consultation with them, and in the event that they
(the Amerindians) do not wish to join the group, then the forest can
only be granted to third parties if said Amerindians are compensated
for the loss of their traditional rights.

The draft must therefore specify a procedure consistent with the
Constitution whereby persons fitting the description in 11(4) may be
promptly and adequately compensated if they withhold their consent –
which it fails to do [see recommendation for a formal settlement
procedure in 1.3 above].

1.9 Conservation on private lands – s. 31
It is not clear whether the provision requiring payment of compensation
[sub-clause (6)] meets the constitutional standard. In this respect the
Constitutional provision as amended in 2003 waters down the 1980
version, but even in its attenuated form the standard does not seem to
be met.

Under Article 142 of the Constitution as amended any law providing for
expropriation must require the “prompt payment of adequate
compensation”, but Forest Bill 2007 (s. 31) merely requires the payment
to the owner and lawful occupier “reasonable” compensation. These seem
to impose different standards (i.e., no mention at all of promptness –
an issue in expropriation cases in the Caribbean; and reasonableness
may be judged from a wider variety of considerations than adequacy).

Also, is a declaration under this provision intended to operate
indefinitely?

1.10 Code of Practice – s. 35
Any code of practice to be adopted will be an important document – it
will seek to regulate forest operations, breach of the code being a
criminal offence. This is a good thing, but to what extent will
stakeholders and rights-holders be able to contribute meaningfully to
the content of any such code of practice?

In answering this question, one is hampered by the guarded language of
the provision. 35(2)(a)(ii) merely provides that the Minister shall
notify the public of the “purport” of the proposed code and shall
receive written submissions thereafter. Written submissions are limited
to three aspects: the fact that a proposed code has been submitted to
the Minister, the purport of the proposed code and the location where
the proposed code may be inspected [see 35(2)(c)].

“Purport” means “purpose” or “intention” – this is not the same as
contents. Therefore on a very strict interpretation, does this
provision impose an obligation on the government to receive submissions
on the contents of the Code, as opposed to its mere intention or
purpose?

Semantics aside, and assuming that people are allowed to make
submissions on content, there is still no real obligation on the
government to take on board any comments so received. The government
has complete control over what goes into the Code – the GFC comes up
with it, they must “invite and receive” written submissions but do NOT
necessarily have to hold public hearings thereon, and thereafter
consultation is with the Minister. Nowhere in this is there a process
whereby non-governmental entities or persons can have a more meaningful
input. At the end of the day, all submissions can be rejected (i.e.,
consultation does not equal acceptance) for as the provision makes
clear, the Minister may either (a) adopt the code as is, (b) adopt it
with changes or (c) reject it.
Finally, although the Code is subject to negative resolution in
Parliament, in a situation of majority rule that is no protection.

And by the way, what happens if the Minister decides to reject the
Code? The draft is completely silent on this point – will it be subject
to further consultation or what?

1.11 Quality control – s. 42
Note that in coming up with guidelines by which timber is to be graded
and marked, the GFC may “exempt any class of persons, activities or
land”. [42(4)(c)]. This is yet another instance of discretionary powers
which do not spell out the reason for their existence. The provision
itself should give reasons defining the Commission’s power to make
exemptions.

1.12 Transfer pricing – s. 45
Section 45. (1) in the Forest Bill 2007 stipulates that the Forest
Products Marketing Council (FPMC) or a prescribed body will set the
true price of forest products traded. Standard neo-liberal economic
theory says that the free market will set the price, and this is
conventionally determined by the Cost, Insurance and Freight value
declared at the port of entry in the importing country, as a defence
against under-valuation and transfer pricing of exports. Beginning in
April 2007, for example, the FPMC began reporting higher sale prices
for purpleheart logs to the International Tropical Timber Organization
(Tropical Timber Market report) than the prices recorded in the FPMC
Market Reports circulated in Guyana. The discrepancies in the published
records of the FPMC should be reason enough for the Forests Act not to
empower this body to set the international prices of forest products.

1.13 Forest Officer – s. 53
Under 53(4)(a) a forest officer may “at any time, after being afforded
natural justice, be removed from office at the discretion of the
Commissioner”.

This provision is either poorly drafted or reflects retrograde policy.
Perhaps the Commissioner’s discretion to remove is constrained by the
results of the hearing, but the phrasing of the provision does not
necessarily suggest this. In any event, since Guyana already has
legislation governing employment and labour why is the Commissioner of
Forests being given a discretionary power such as this?


1.14 Powers to enter premises and conduct searches – ss. 54 et. seq.
Note all the powers to enter and search without a warrant. Since the
ammunition and narcotic offences of the late 1980s, this has been the
trend of legislation in Guyana – to whittle away at established common
law protections.

Allowing the police to stop and search individuals and vehicles or to
enter and search premises merely on reasonable suspicion opens the door
to abuse; in this draft Forest Bill 2007 the power is extended to
forest officers. This is an unjustifiable assault on civil liberties.


1.15 Powers to require answers – s. 61
Under this provision suspects must answer questions and even give a
signed statement. Do not be fooled by 61(2) since if one refuses to
answer under this apparent exception then such a course will impact
negatively on the suspect (i.e., an indication of guilt). This is
reinforced by the failure to make any such refusal to answer
inadmissible at trial.

This is a retrograde provision. However tough a stance towards criminal
activity it may encompass, it is against the trend in most civilized
countries where the right to silence (which includes the right to
remain silent during pre-trial questioning) forms a core component of
fair criminal investigations and a fair trial.

Given our oppressive history of policy brutality and forced
confessions, we should not be creating these powers. Let the State do
its investigative work and not invade the liberty of the subject.


1.16 Orders to desist – s. 62
Superficially read, this provision seems to operate as a substitute for
trial. On the mere suspicion of having committed an offence, a forest
officer can order a suspect to cease offending. Failure to abide by any
order made is an offence [see s. 68(a)(ix)]. But what happens to
persons who have rights under this or any other piece of legislation?
What procedure exists for establishing one’s legitimacy? How long does
an order made under this provision last? None of these issues is
addressed in this clause. In other words, what this provision means is
that persons may be deprived of legal rights upon the summary decision
of a State official, which is unlawful and unconstitutional.

Any order to desist should only be issued after an investigation is
conducted, and should in fact be issued by a neutral entity (magistrate
not forest officer).

1.17 Exemptions – s. 76
Another discretionary power: i.e, it gives the government power to
create special regimes outside of the protections conferred by this
Act.


1.18 Net forest revenue to the Consolidated Fund – s. 80
Clauses 80 (1)(d) and 80 (3) provides for only the royalties from small
concessions, the current State Forest Permissions, to be paid into the
Consolidated Fund. All the other forest charges would remain with the
GFC. This is just the opposite of repeated recommendations that the
GFC should have transparent and simplified charges, with the surplus,
net of operational expenses, to be paid into the Consolidated Fund.
The long-term GFC failure to pass over its surplus to the Ministry of
Finance provides an indication of the future fate of national wealth.



Part 2 – General principles that should guide the legislative process

2.2 Formulation of legislation by a participative process open to all
stakeholders (legitimately interested parties, not restricted to
primary stakeholders whose economic interests might be affected
positively or negatively by the legislation). The concentration of
previous discussions on bilateral debate between the Forest Products
Association (FPA) and the Guyana Forestry Commission (GFC), without an
independent chairman or professional facilitator, lengthened the
consultation period into years. As a result, the Forest Bill 2007 has
failed to adjust to the newer international imperatives concerning
trade in tropical timbers and the need for independently verifiable
proof of legal and sustainable production; these features were little
discussed at the time of the original formulation of the legislative
revision of 1995-6.

2.3 Given the geographic dispersion of forest-related stakeholders, a
concentration of consultation in Georgetown and restricted to industry
does not conform to best international practice.

2.4 Use of transparent process, with all relevant documents being
available on request to all stakeholders, perhaps for a nominal
administrative charge to avoid waste. The only justifications for
restriction of documents would be national security and commercial
confidentiality, with criteria defined and published openly prior to
the start of the legislative process.

2.5 During the consultations, participants treat each other
respectfully and have equal voices. Government agencies do not
over-rule other participants and do not have weighted votes. The
setting of some ground rules may be appropriate – for example, outside
the consultations, participants do not attribute views or statements
made during the consultations to named individuals or organisations.

2.6 Legislation and regulations are drafted with clarity of language,
using the simplest possible terms which are compatible with legal
specificity. The complex and at times ungrammatical language of the
Forest Bill 2007 needs to be thoroughly overhauled to improve clarity.

2.7 Technical wording and guidance can be drawn from FAO Forestry
Papers, the FAO Development Law Service and recent World Bank
documents, whose use should be conducive to greater clarity.

2.8 Harmonisation with other Laws of Guyana, avoiding duplication,
avoiding adding definitions unnecessarily – for example, on Amerindian
rights, privileges and customs – and removal of inconsistencies between
laws. There would be obvious advantages in harmonising forestry and
mining laws, especially as regards administration of concessions.

2.9 Providing for greater integration of laws, regulations and
procedures, especially in relation to integrated land use planning, an
integrated hinterland road network and the rehabilitation of a publicly
accessible integrated geographic information system – GINRIS, the
Guyana Integrated Natural Resources Information System, pioneered in
the late 1990s. Given the loss of maps and aerial photographs at the
GFC Head Office through neglect and flooding, the law should provide
for such maps (with associated textual descriptions) and GIS
(geographical information system) to be duplicated at regular and
frequent intervals in the National Archive. Public access and use
should be reserved only if explicit tests of national security or
commercial confidentiality can be proved; criteria should be built into
the law. Bearing in mind the increasing sophistication of Google Earth
and the international accessibility of such imagery, it would be
pointless for the government to seek to prevent access to what can be
obtained internationally. In particular, all State Forest boundary and
block maps, and all concession boundary maps, should be publicly
available. Such access will in any case be required for independent
forest monitoring if Guyana should seek a voluntary partnership
agreement with the European Union (EU) trading bloc for continued
exports of timber from Guyana into EU countries; under the EU Forest
Law Enforcement, Governance and Trade (FLEGT) process.

2.10 In best international practice, administrative discretion in law
is minimised. Where discretion is the alternative to prescriptions
covering a wide range of situations, criteria for the use of that
discretion should be included in the law. These criteria should be
explicit, objective and transparent. There should also be a public
appeals process associated with each instance of discretion in the law.
An appeals panel or tribunal should include at least two people not
employees of or associated with the national forest service;
association by membership of the Board of Directors or by employment as
an external consultant within the last two years would be examples of
disqualification from participation in such a panel or committee.
These provisions should apply to all levels of discretion, including
the Minister of Forestry, the Minister for Forestry, and the Guyana
Forestry Commission.

2.11 Setting out a formal settlement procedure in the revised Forest
Bill. In addition to the advantages stated in 1.3 and 1.8 above, that
should help to clarify the so far unresolved conflicts between mining
and other forms of land use, including forestry. The forest law
should have regard to the provisions in the National Constitution for
compensation for expropriated land.

2.12 The revised forest law should include wording which responds to
forest provisions in the UN Framework Convention for the Conservation
of Biological Diversity (CBD, which Guyana has signed/ratified) and the
Convention on International Trade in Endangered Species (CITES), where
such provisions are not already found in the Environmental Protection
Act of 1996.



Part 3
Some examples of the many errors in Bill No. 21 of 2007. Examples below
only from Part 1 and first page of Part 2.

Preliminary, Section 2 – Interpretation

Compliance history – if there is no means of checking compliance
history from other countries, why mention “and elsewhere”? The
definition appears to include car parking offences and speeding
charges. Presumably the intention concerns criminal offences.

Forest – (b) (iii) should explicitly include the genetic resources.

Forest conservation operations – (b) should include habitat and
landscape features.

Forest produce – (c) includes (a) and (b), making (a) and (b)
redundant. Include genetic resources in this definition.

Kaieteur National Park – the date of the Act is missing.

Publicly notify and public notice – should include posting to websites
and, as appropriate for large-scale, long-term concessions, notices
published outside Guyana.

Sawpit – is not defined.

Sustainable forest management – the word “amenities” is undefined, and
should be substituted by terms defined previously.

Section 3 – declaration of State forest

See general comment number 10 above. Guyana needs a conventional
reservation and settlement procedure, to replace this land-grabbing
intention.

Section 4 – purpose of Part 2

Should reference Article 36 in the National Constitution about the
management of Guyana’s natural resources.

Section 5 (1) (a) – Amerindians have rights of passage over public
lands, and anyone can use a road on public land if there is no trespass
(causing damage). These rights should be recognised in this Bill.

Section 5 (2) (e) – introduces definitions which are inappropriate in
forest legislation and should be dealt with, if at all, under
Amerindian legislation. Consequently, sub-section (3) should also be
deleted, and anyway is not appropriate in forest legislation.

Section 6 (2) (d) – as loosely worded now, could allow a concession
holder to infringe the rights and degrade the resources held by another
concession holder.

Section 6 (3) – the words “even if” are presumably inserted because the
GFC has failed by 2007 to implement the National Forest Policy 1997 and
the National Forest Plan 2001 which require strategic planning for
allocation of concessions and which ought to assign priorities in use
such that conflicts between harvest and no-harvest operations are
avoided.


We trust that the above examples of the many errors in Bill No. 21 of
2007, these taken only from the first section of Part 1, will convince
you of the need for a thorough overhaul of this Forest Bill 2007 and
which should now be undertaken by competent technical persons.


Signed:

Forestry Commission probe of itself unacceptable - GHRA -suspension of James Singh urged

http://www.stabroeknews.com/index.pl/article?id=56529693


Forestry Commission probe of itself unacceptable - GHRA
-suspension of James Singh urged
Stabroek News, Thursday, September 27th 2007




The Guyana Human Rights Association (GHRA) says the announcement on
Tuesday by the Ministry of Agriculture of an internal probe by the
Guyana Forestry Commission (GFC) into under-pricing and false
declarations of timber is an inadequate response to allegations of
irregularities taking place in the sector.

According to the human rights body in a press release yesterday, two
minimum conditions for the credibility of the investigation are the
temporary suspension of Forestry Commissioner James Singh and the
appointment of independent investigators.

In addition to under-pricing, the release said, the past decade has
seen a catalogue of dubious and illegal mismanagement, including
over-logging of prime species, 'land-lording' of concessions,
non-payment of revenues, labour exploitation of indigenous people,
reverse buy-outs disguising true ownership, preference for foreign over
Guyanese labour, and destruction of national and Amerindian forest
assets.

The human rights body said that Singh has presided over a key statutory
body over the period of years this catalogue of accusations has
accumulated, while the announced probe is not the result of internal
GFC zeal but external pressure from national and international agencies
and activists "outraged by the plundering of Guyana's forests."

According to the GHRA, Tuesday's announcement confirms this by
referring to the GFC unearthing suspicious findings when it started to
conduct checks on records for the past three months.

But this is not a recent problem, the human rights body stated. It said
that as long ago as 1994, sixty-one local and international signatories
including "virtually every major environmental network and agency on
the planet" wrote to the Guyana government and all donor agencies on
the occasion of the World Bank Advisory Group meeting in Guyana.

The GHRA quoted the statement as urging that: "The Government freeze
the handing out of logging concessions and institutes a Commission of
Inquiry into the performance of the industry. As well as reviewing the
effects on Amerindians, paying special attention to their land rights,
the Commission should make public the content and extent of all Timber
Sales Agreements and logging concessions, assess the conditions of the
labour force in forest operations and establish to what extent the
Forestry Commission is able to ensure effective forest management."

GHRA noted that the statement also quoted Stabroek News of October 29,
1993 to the effect that "the Agency clearly is unable to perform its
functions. . . it is largely unable to collect the fees it is due and
unable to enforce planning requirements and environmental safeguards."

"Such terms of reference for an independent Commission of Inquiry
remain even more valid today than when first formulated and should
replace the proposed investigation," the GHRA asserted.

Moreover, the human rights body argued, the recent dismissal of a
deputy commissioner of the GFC is a trivial response to the scale of
the problem.

The nation deserves adequate assurance that its ancient forests are
receiving the protection they require, GHRA said.

It observed too that the ministry's release referred to
under-declaration and pricing of logs, which is a short-term loss of
revenue to the nation, but it remained silent on the irrevocable damage
to the global environment this plundering represents.

The GFC is expected to provide the Minister of Agriculture with an
update on the status of the investigation by October 10.

Jagdeo lobbies for standing forests

http://www.stabroeknews.com/index.pl/article?id=56529695

Jagdeo lobbies for standing forests
Stabroek News, Thursday, September 27th 2007


President Bharrat Jagdeo on Monday identified the need for a global
agenda to recognize the contributions of standing forests towards
addressing climate change through avoided deforestation, carbon
sequestration and ecosystem services.

He made the pitch during his presentation on 'The Leadership Challenge
of Climate Change" at a high-level forum convened by United Nations
Secretary General Ban Ki moon in New York.

President Jagdeo in his statement, released yesterday by the Government
Information Agency, also called for an urgent change to what he
referred to as the "current perverse arrangement which provides a
disincentive for forest conservation and protection."

He contended too that opportunity costs should be taken into
consideration, and financial models developed to provide adequate
compensation and incentives for maintaining standing forests through
conservation and sustainable use.

The Guyana Head of State advocated the provision of increased and
easily accessible financial resources as well as capacity-building for
climate change mitigation by developing countries as the current
mechanisms, in particular the Kyoto Protocol's Clean Development
Mechanism, have not proven to be effective so far.

Jagdeo said that the forum offered an opportunity "to put an end to the
culture of protracted negotiations and inactivity in relation to agreed
actions." He observed that the experiences in relation to the increase
in storms and extreme weather events were reminders that climate change
is a reality and the impact will be even greater if the rate of
greenhouse gas emissions is not addressed.

Making a negligible contribution to greenhouse gases but with 90% of
the population on the coastal belt one metre below sea level, the
President noted that Guyana was particularly vulnerable to climate
change.

"Guyana's vulnerability was vividly demonstrated by a massive flood in
2005 which was estimated to have led to losses equivalent to
approximately 60% of the country's GDP."

Meanwhile, the President pointed out that Guyana's vast, intact forest
resources represent a critical asset base for global climate change
mitigation. "With increasing pressure for commercial exploitation,
Guyana has decided to maintain extensive portions of our forests in
their pristine state, developing a forest management approach based on
conservation and sustainable harvesting and utilization," he told the
forum.

This, he said, has resulted in a number of flagship initiatives such as
the Iwokrama International Programme for Rainforest Conservation and a
conservation concession in collaboration with Conservation
International.

Regrettably, however, efforts to manage Guyana's forests in a
sustainable manner are not encouraged by the current framework for
climate change, Jagdeo said.

In particular the Kyoto Protocol and its Clean Development Mechanism
provide no recognition nor adequate compensation for the contributions
of standing forests towards climate change mitigation. In fact, he
continued, the current approaches penalize countries with low
deforestation rates through reduced value of carbon credits.

Jagdeo concluded that mitigation efforts would only improve if the
international community provides an encouraging framework for their
development.

Corruption still perceived as rampant here -TI survey

http://www.stabroeknews.com/index.pl/article?id=56529697

Corruption still perceived as rampant here -TI survey
Stabroek News, Thursday, September 27th 2007


Though Guyana has made a marginal improvement in Transparency
International's (TI) Corruption Perception Index (CPI) for 2007 over
last year's survey, it still scored poorly and has again been ranked
among the worst performers.

For 2007, Guyana racked up a score of 2.6 out of 10, barely improving
over 2006 and 2005's score of 2.5. Guyana is placed in the same slot as
countries such as The Comoros, Nicaragua, Vietnam, Mauritania, Niger
and Timor-Leste, all of which have identical scores.

The CPI Score relates to perceptions of the degree of corruption as
seen by business people and country analysts, and ranges between 10
(highly clean) and 0 (highly corrupt). Four surveys were used to come
up with Guyana's score.

For regional countries, Barbados scored 6.9 out of 10 (highest in
Caricom), St Lucia 6.8, Suriname and Brazil 3.5, Trinidad and Grenada
3.4, Jamaica 3.3, Dominican Republic and Belize 3.0. The only Caricom
country that ranked below Guyana was Haiti at 177. Somalia and Myanmar
were last at 179.

Some of the highest scoring countries included New Zealand 9.4, Denmark
9.4, Finland 9.4, Singapore 9.3, Sweden 9.3, Iceland 9.2, the
Netherlands 9.0 and Switzerland 9.0.

The Americas

According to the report, the 2007 CPI shows that corruption remains a
serious challenge in the 32 countries it includes from the Americas,
though some progress is being made.

It said that Costa Rica, among other countries, reflects significant
improvement in its 2007 score and that Uruguay and Canada, among
others, have maintained a relatively high score in past years. "Belize,
on the other hand, is one country with an increase on how widespread
corruption is perceived to be. Nonetheless, good performance cannot be
taken for granted and further action is needed to remedy remaining
corruption risks and to ensure that previous anti-corruption efforts
are sustainable," the report said.

The report said that in the Americas, the anti-corruption fight remains
far from being victorious. "A third of the countries scored below
three, indicating that corruption is perceived as rampant," it said,
adding that slightly more than two-fifths scored between 3 and 5
indicating that the levels of corruption among public officials and
politicians are perceived to be serious by country experts and
business-people.

The report concludes that only 8 out of the 32 countries are above the
middle range score of 5. It said that this is alarming "considering the
obvious links between corruption and the high levels of poverty,
inequality and violence in the region." According to the report, for
more than a decade, the region has had a comprehensive anti-corruption
framework in place - the Inter-American Convention against Corruption,
a legal instrument that provides a framework for fighting corruption
and is ratified by 33 countries.

"This tool is now reinforced by the United Nations Convention against
Corruption. It is high time that countries move towards effective
implementation of these provisions in the hemisphere," the report said.
The convention was recently ratified by Guyana.

It said that the case of Costa Rica may serve to illustrate the
importance of having autonomous and respected institutions in place
that can help to adequately fight corruption. "Just a few years ago the
country experienced a decrease in its CPI score, which could be
attributed mainly to the fact that former presidents and high level
officials have been found to be involved in bribery scandals," the
report pointed out.

According to the report, the independence and actions of the justice
system in taking up the cases possibly contributed to an improved image
of the government and politicians in the eyes of the expert community
responsible for rating the countries listed in the CPI.

Recommendations

A press release accompanying the report said that developing countries
should use aid money to strengthen their governance institutions,
guided by national assessments and development strategies, "and to
incorporate strengthened integrity and corruption prevention as an
integral part of poverty reduction programmes."

Arguing that good governance begins at home, TI said that the poorest
countries suffer most under the scourge of corruption.

"And it is ultimately their responsibility to tackle the problem. Low
scores in the CPI indicate that public institutions are heavily
compromised. The first order of business is to improve transparency in
financial management, from revenue collection to expenditure, as well
as strengthening oversight and putting an end to the impunity of
corrupt officials.

"An independent and professional judicial system is critical to ending
impunity and enforcing the impartial rule of law, to promoting public,
donor and investor confidence. If courts cannot be relied upon to
pursue corrupt officials or to assist in tracing and returning illicit
wealth, progress against corruption is unlikely.

"Partnering with civil society and citizens is another essential
strategy for developing countries seeking to strengthen the
accountability of government. Civil society organisations play a vital
watchdog role, can help stimulate demand for reform and also bring in
expertise on technical issues," said Cobus de Swardt, Managing Director
of Transparency International. "But, increasingly, many governments are
moving to restrict the operating space of civil society."

The Transparency International release said also that judicial
independence, integrity and accountability must be enhanced to improve
the credibility of justice systems in poorer countries. "Not only must
judicial proceedings be freed of political influence, judges themselves
must be subject to disciplinary rules, limited immunity and a code of
judicial conduct to help ensure that justice is served."

It added that a clean and capable judiciary is essential if developing
countries are to manage requests for assistance in the recovery of
stolen assets from abroad.

"Governments must introduce anti-money laundering measures to eradicate
safe havens for stolen assets, as prescribed by the United Nations
Convention against Corruption (UNCAC). Leading banking centres should
explore the development of uniform expedited procedures for the
identification, freezing and repatriation of the proceeds of
corruption. Clear escrow provisions for disputed funds are essential,"
the press release said.

It stated too that wealthy countries must regulate their financial
centres more strictly and that focusing on the roles of trusts,
demanding knowledge of beneficial ownership and strengthening
anti-money laundering provisions are just a few of the ways that rich
governments can tackle the facilitators of corruption.

According to Transparency International, the world's wealthiest
governments must strictly enforce the OECD Anti-Bribery Convention,
which criminalises the bribery of foreign public officials. "Lack of
compliance with the convention's provisions continues to hinder
corruption investigations and prosecutions," the press release said.

The CPI is carried out for Transparency International by Prof. Johann
Graf Lambsdorff of the University of Passau in Germany.

Transparency International is a global civil society organisation
leading the fight against corruption. It has more than 90 locally
established national chapters and chapters-in-formation. These bodies
fight corruption in the national arena in a number of ways.

They bring together relevant players from government, civil society,
business and the media to promote transparency in elections, in public
administration, in procurement and in business.

How has the GFC permitted these changes in effective ownership?

How has the GFC permitted these changes in effective ownership?
Guyana Chronicle, 27 September 2007

Perhaps the institutional memory of the Guyana Forestry Commission is
faulty?

In SN's report “GFC satisfied with asset transfer between Jaling, Bai
Shan Lin” (SN 07.09.25), Minister Robert Persaud appears to have said
that Demerara Timbers Limited (DTL) did not have the necessary
expertise to produce the quality of value-added products.

When the Government of Guyana established the original Demerara Woods
Ltd. (DWL, and East German aid built what was then said to be the most
modern, the largest, the best tropical hardwood sawmill in South
America (article in the journal World Wood), DWL claimed just that
expertise. Likewise, when DWL became DTL, and passed into Dutch
ownership, the Green Charter then issued by the company repeated much
the same claim to expertise in value addition to tropical hardwoods,
and to market access.

How has the GFC permitted these changes in effective ownership and/or
managerial control without conducting a full exercise in due diligence
using external expertise? The GFC has failed to substantiate DWL/DTL
claims to expertise in the past. What has happened recently to
encourage the Minister responsible for Forestry to repeat such claims,
in this case, about the expertise of Bai Shan Lin which cannot run a
mill properly at Linden/Coomacka? (Deplorable wages and working
conditions at Bai Shan Lin Linden operations. Agri Minister insists
that the company has to comply with occupational health and safety
standards By Neil Marks-- Guyana Chronicle, 15 August 2007).

As for other Timber Sales Agreements (TSAs), the long-term large-scale
logging concession was granted because the enterprise claimed that the
forest would feed a modern industry. Is this not a good example of a
situation where the investor (DTL) has failed and the sawmill licence
and TSA should be rescinded? Then, and in accordance with the
National Forest Policy 1997, the concession should be re-tendered
according to the law on State Forest Exploratory Permits, and bidders
would have to explain in their applications how they would run the
associated mill. This information should be in the public domain, not
a deal involving Guyana’s publicly-owned natural resources but
conducted between private sector enterprises, with the GFC hovering
uncertainly in the background without the expertise to intervene
effectively.
Janette Bulkan

Is the institutional memory of the Guyana Forestry Commission faulty?

http://www.stabroeknews.com/index.pl/article?id=56529714

Is the institutional memory of the Guyana Forestry Commission faulty?
Stabroek News, Thursday, September 27th 2007


Dear Editor,

Perhaps the institutional memory of the Guyana Forestry Commission is
faulty? In your report 'GFC satisfied with asset transfer between
Jaling, Bai Shan Lin' (SN, 25.9.07), Minister Robert Persaud appears to
have said that Demerara Timbers Limited (DTL) did not have the
necessary expertise to produce the quality of value-added products.
When the Government of Guyana established the original Demerara Woods
Ltd. (DWL), and East German aid built what was then said to be the most
modern, the largest, the best tropical hardwood sawmill in South
America (article in the journal World Wood), DWL claimed just that
expertise. Likewise, when DWL became DTL, and passed into Dutch
ownership, the Green Charter then issued by the company repeated much
the same claim to expertise in value addition to tropical hardwoods,
and to market access.

How has the GFC permitted these changes in effective ownership and/or
managerial control without conducting a full exercise in due diligence,
using external expertise? The GFC has failed to substantiate DWL/DTL
claims to expertise in the past. What has happened recently to
encourage the Minister for Forestry to repeat such claims, in this
case, about the expertise of Bai Shan Lin which cannot run a mill
properly at Linden/Coomacka? ('Safety violations seen at Coomacka
timber works' SN, 15.9.07).

http://www.stabroeknews.com/index.pl/article?id=56526818

As for other Timber Sales Agree-ments (TSAs), the long-term,
large-scale logging concession was granted because the enterprise
claimed that the forest would feed a modern industry. Is this not a
good example of a situation where the investor (DTL) has failed and the
sawmill licence and TSA should be rescinded? Then, and in accordance
with the National Forest Policy 1997, the concession should be
re-tendered according to the law on State Forest Exploratory Permits,
and bidders would have to explain in their applications how they would
run the associated mill. This information should be in the public
domain, not a deal involving Guyana's publicly-owned natural resources
but conducted between private sector enterprises, with the GFC hovering
uncertainly in the background without the expertise to intervene
effectively.

Yours faithfully,

Janette Bulkan

Several companies investigated as…Timber scam busted wide open

Several companies investigated as…
Timber scam busted wide open
Kaieteur News, 26 September 2007

Government, yesterday, disclosed it has launched an intensive
investigation into the forestry sector after several discrepancies were
unearthed.

The spotlight is now on several companies that have been granted forest
concessions.

The announcement by Minister of Agriculture Robert Persaud and
Commissioner of Forests James Singh comes swiftly on the heels of the
dismissal of a high ranking officer – a Deputy Commissioner – last
month, and the suspension of a forest ranger for alleged wrongdoing.
However, the officials yesterday pointed out that these investigations
have nothing to do with that one.

It also follows widespread debate in the opinion columns of the dailies
on the state of the forestry industry in Guyana .

Both the Minister and Singh declined to name the companies involved,
noting that the investigations, conducted primarily by GFC, were still
ongoing.

The Guyana Forestry Commission (GFC) unearthed its suspicious findings
after it started to conduct checks on records for the past three
months.

According to a statement read by Minister Persaud at his Ministry
yesterday, there were indications that several companies deliberately
under declared what they were producing. In addition, there were
indications that logs belonging to one concession were being passed off
as belonging to another.

The allegations, if true, will have far-reaching implications, said
Persaud. “The above breaches, if verified, will have implications for
GFC's revenue, tax concessions issued to companies by the government,
and GFC staff members at the locations.”

While the officials did not elaborate, under-declaring logs harvested
will mean that GFC will be receiving fewer royalties. With GFC staff
members mandated to monitor the reaping of logs, the under-declaration
will signal some form of collusion between Forestry officials and
companies operating concessions.

GFC said that it will be updating the Minister by October10 on the
status of the investigations.

The disclosures yesterday by the Minister and GFC have signalled a zero
tolerance stance by Government in the mining and forestry sectors.

Several initiatives have been taken by the government to regulate an
industry beleaguered with allegations of corruption and fraud.

According to Singh, it is still too early to say how widespread the
breaches are, but the few cases found were enough for a more intense
investigation to be launched.
According to Singh, the government will not be ruling out the
possibility of revoking the licenses of concessions for the guilty
businesses; it all depends on the severity of the individual cases.

GFC Investigation of Itself Unacceptable

Guyana Human Rights Association
Executive Committee
September 26 2007
PRESS RELEASE

GFC Investigation of Itself Unacceptable


The announcement today by the Ministry of Agriculture of an internal
investigation by the Guyana Forestry Commission (GFC) into
under-pricing and false declarations of timber products is an
unacceptable and inadequate response to allegations of irregular,
illegal and corrupt activities taking place in this sector. Two minimum
conditions for the credibility of the investigation is the temporary
suspension of Forestry Commissioner, James Singh, and the appointment
of independent investigators.

In addition to under-pricing, the past decade has seen a catalogue of
dubious and illegal mis-management including over-logging of prime
species, ‘land-lording’ of concessions, non-payment of revenues, labour
exploitation of indigenous people, reverse buy-outs disguising true
ownership, preference for foreign over Guyanese labour, and destruction
of national and Amerindian forest assets.

Whether Commissioner Singh may be involved in any of the activities
under investigation is not the point. He has presided over a key
statutory Body over the period of years this catalogue of accusations
has accumulated. The announced investigation is not the result of
internal GFC zeal, but external pressure from national and
international agencies and activists outraged by the irresponsible
plundering of Guyana’s forests. Yesterday’s announcement confirms this
by referring to the GFC unearthing suspicious findings when it started
to conduct checks on records for the past three months.

This is not a recent problem. As long ago as 1994, sixty-one local and
international signatories including virtually every major environmental
network and agency on the planet wrote to the Government of Guyana and
all donor agencies on the occasion of the World Bank Advisory Group
Meeting in Guyana . That statement urged that:

“ The Government freeze the handing out of logging concessions and
institutes a Commission of Inquiry into the performance of the
industry. As well as reviewing the effects on Amerindians, paying
special attention to their land rights, the Commission should make
public the content and extent of all Timber Sales Agreements and
logging concessions, assess the conditions of the labour force in
forest operations and establish to what extent the Forestry Commission
is able to ensure effective forest management”

The statement also quoted Stabroek News of October 29, 1993, to the
effect that “the Agency clearly is unable to perform its functions…it
is largely unable to collect the fees it is due and unable to enforce
planning requirements and environmental safeguards.”

Such terms of reference for an independent Commission of Inquiry remain
even more valid today than when first formulated and should replace the
proposed investigation.

The recent dismissal of a Deputy Commissioner of the GFC is a trivial
response to the scale of the problem. The nation deserves adequate
assurance that its ancient forests are receiving the protection they
require. The Ministry’s release refers to under-declaration and
pricing of logs, which is a short-term loss of revenue to the nation.
It remains silent on the irrevocable damage to the global environment
this plundering represents.

President Jagdeo is currently lobbying world leaders gathered at the UN
in New York to discuss climate change and carbon credits. His arguments
that nations, like Guyana, which have not squandered their forest
patrimony deserve more equitable financial support, would be further
strengthened by a vigorous and impartial inquiry.

Guyana Human Rights Association
Executive Committee
September 26 2007

Major forestry breaches probe underway -GFC

http://www.stabroeknews.com/index.pl/article?id=56529634

Major forestry breaches probe underway -GFC
Stabroek News, Wednesday, September 26th 2007


The Guyana Forestry Com-mission (GFC) is in the process of conducting
an investigation into several logging companies after instanc-es of
under declaration of forest produce and false declarations as to the
origin of those produce were unearthed.

According to Minister of Agriculture Robert Persaud yesterday, the GFC
in a letter on Monday advised him that on the basis of monitoring
activities and further investigation by the GFC's Internal Audit Unit,
there is preliminary evidence to suggest that several forest companies
may be guilty of the breaches.

The Minister in a statement said that the breaches, if verified by the
investigation, will have implications for the GFC's revenue, tax
concessions issued to companies by the Government, and the GFC staff
members at the locations.

The GFC is expected to provide the Minister of Agriculture with an
update on the status of the investigation by October 10.

According to Commis-sioner of Forests James Singh, depending on the
severity of the offences, the penalties may include revocation of
licences, suspension or a fine. Persaud said that the maximum penalties
will be applied upon the conclusion of the investigation. The Minister
said too that the GFC has looked at about three months of evidence to
arrive at its preliminary conclusions.

The Minister and the Forestry Commissioner both agreed that the
breaches were outside of the allowable arrangement where one company is
allowed to harvest from another's concession.

Of late, the GFC and the Ministry of Agriculture have been taking the
fight to the sector, suspending some company's trading privileges and
concessions for their failing to live up to their end of agreements
signed for value adding.

The GFC has also stepped up internal controls and recently fired a
senior officer for alleged breach of procedure. A junior officer was
also disciplined in this instance. A slew of new regulations in the
forestry sector, including downstream processing, will come into force
in January 2008.

The action by the regulatory body comes amid an intense campaign waged
in the media by several civil society activists - in particular -
Janette Bulkan over fairness in the forestry industry.

Questions have been raised about whether there is transfer pricing in
the export of logs from the country, whether there is over-logging of
certain prime species, whether there is unauthorized `land-lording' of
concessions and whether all the revenue due to the state is being paid
over.

The transfer of ownership between companies and whether they shouldn't
be engaged in more downstream processing activities are other questions
that have been raised.

The stream of benefits to the country as compared to the fiscal
concessions granted to various companies has also come under scrutiny.

The forestry commission and the Agriculture Ministry have come under
pressure to provide answers to these questions.

Ironic Panamanian ship carrying Chinese name

Ironic Panamanian ship carrying Chinese name
Guyana Chronicle, 26 September 2007

How ironic that the Panamanian registered ship loading logs of Guyanese
fine furniture timbers from Barama's barge in the Demerara River on
September 22, 2007 should be carrying the Chinese name "Benefit
Wisdom".

If this is how the new CEO of Barama, Peter Ho, is starting his career
in Guyana, let us hope that the Guyana Forestry Commission, the Customs
Administration of the Guyana Revenue Authority and the Minister of
Agriculture have ensured that the export paperwork is in order and that
Barama's promised local investment in timber processing is on schedule;
as promised publicly by the Minister on December 8, 2006.

Oh, I forgot. That investment was promised by Barama in 1999.
Mahadeo Kowlessar

False declarations by logging companies under scrutiny

False declarations by logging companies under scrutiny
Guyana Chronicle, 26 September 2007
http://www.guyanachronicle.com/topstory.html#Anchor-False%20de-37617

Several forestry companies operating locally are currently under
scrutiny for under declaration of produce harvested as well as the
locations from which they were harvested.

Minister of Agriculture, Mr. Robert Persaud said yesterday that
investigations have been launched into breaches of a “very serious”
nature within the sector following recent discoveries made by the
Internal Audit Unit of the Guyana Forestry Commission (GFC).

He said that these breaches, if verified will have serious implications
for GFCs revenue; for tax concessions issued to these companies by the
government and for the GFC staff members at the locations.

The investigation is at the moment being headed by selected Officers of
the GFC as well as members of the Internal Audit Department but may
involve other parties such as the Guyana Revenue Authority (GRA) if the
basis for such an additional intervention is found.

The investigative team is expected to present a preliminary report to
the Minister of Agriculture by October 10.

Persaud made the disclosures during a press conference also attended by
Commissioner of Forests, Mr. James Singh whom the minister credited
with breaking the news about the suspected scams.

Singh had drawn his attention to the suspected breaches by way of a
letter sent on Monday last, Persaud said.

The under declaration of forest produce harvested robs the GFC of
revenue from Guyana’s forestry resources, while false declarations as
to the origins of the harvested produce seek to hide real abuses of
these resources by the culprits, Singh said.

He stressed that the loggers are given permits for clearly defined
geographical areas and exploitation of resources elsewhere amounted to
a very serious breach of the Forestry Regulations.

Companies found guilty of these breaches are liable to heavy monetary
fines and/or suspension or revocation of their licences.

The Commissioner said that the information which had triggered the
suspicions of the GFC’s Internal Audit had been amassed over the past
two months.

Those under scrutiny are the companies which have been granted large
scale permits by Government to harvest forestry products, many of them
foreign owned.

The investigation will also target staffers of the GFC who are on the
ground and whose duty it is to ensure that the regulations are adhered
to.

He added that it was possible that this type of activity had been
ongoing for much longer and the investigators would consider that
possibility even if it meant pushing back the original October 10
deadline for a report to a slightly later date.

Persaud also announced that there will be major changes next year as
the Ministry and the Commission fine tunes its arrangements for
ensuring that Guyana gets its proper dues from those exploiting its
forestry resources.

He stressed yesterday that arrangements which allow for joint
operations in the industry will be the first to be abolished. (Clifford
Stanley)

Tuesday, September 25, 2007

Ensure Barama's compliance!

Ensure Barama's compliance!
Kaieteur News, 25 September 2007

Dear Editor,

How ironic that the Panamanian registered ship loading logs of Guyanese
fine furniture timbers from Barama's barge in the Demerara River on
September 22, 2007 should be carrying the Chinese name “Benefit
Wisdom”.

If this is how the new CEO of Barama, Peter Ho, is starting his career
in Guyana, let us hope that the Guyana Forestry Commission, the Customs
Administration of the Guyana Revenue Authority, and the Minister of
Agriculture have ensured that the export paperwork is all in order and
that Barama's promised local investment in timber processing is on
schedule; as promised publicly by the Minister on December 8, 2006.

Oh, I forgot. That investment was promised by Barama in 1999.

Mahadeo Kowlessar

StrataGold aggressively pursuing Guyana projects

StrataGold aggressively pursuing Guyana projects
Kaieteur News, 25 September 2007
Canadian Company, StrataGold plans to aggressively pursue its Tassawini
project in Region One (Barima/Waini).

While the project deposit resource estimate reported earlier this year
fell short of expectations in terms of size, the company projects that
those deposits represent only a small portion of the known gold targets
on the Tassawini and Anaturi Prospecting Licenses (PLs).

President and CEO, Terry Tucker says that with this resource estimate
as a strong starting point, geologists have taken the opportunity to
reinterpret the geological and exploration model.

“We have applied advanced exploration methods to gain a better
understanding of the numerous gold anomalies on the Tassawini and
Anaturi PLs and how best to advance the exploration of these
prospects,” Tucker stated. He said this exploration work has already
been successful with the discovery of a saprolitic gold target at Sonne
North and South, located less than one kilometre away from the
Tassawini deposit.

Drilling at this time, he said, continues to focus in the immediate
vicinity of the Tassawini deposit which remains open and new areas that
have been defined by induced polarization (IP) ground geophysical
surveys, soil sampling, trenching and drilling programs.

According to Tucker, nine separate combined geophysical/gold soil
geochemical anomalies are presently being tested on the PLs.

“The drills are turning and we will continue drilling until December.
It is planned to update the resource estimate in the future upon
completion of sufficient drilling,” Tucker noted.

StrataGold signed a Memorandum of Understanding (MoU) in August of this
year with the Amerindian community of Chinese Landing, located adjacent
to the Tassawini project.

Tucker said that to the best of the company's knowledge, the MoU
represents the first comprehensive agreement signed between a company
and an Amerindian community in the history of mining and exploration in
Guyana .

“The MoU underpins StrataGold's efforts to move towards a gold mining
operation at Tassawini while assisting the community in addressing
social, cultural and environmental needs,” Tucker stated.

On the district scale in Guyana , the company's exploration efforts
have also resulted in a new discovery on the Monosse Project, a 50/50
joint venture with Newmont Overseas Exploration Limited.

Drilling has commenced following recently completed ground geophysical
and geochemical surveys, mapping and trenching programs conducted over
the past four months.

Tassawini is an advanced stage gold exploration property centered on
the site of the former producing Tassawini Gold Mine where, between
1907 and 1914, an estimated 11,200 ounces of gold were recovered.

Prior to acquisition, the property was subject to extensive exploration
estimated to have cost over US$10 million.

StrataGold is a mineral exploration company engaged in the acquisition,
exploration and development of mineral properties in the Yukon , Canada
and Guyana .

The company is currently focusing its exploration activities on gold,
and holds interest in seven properties in the Yukon , two properties in
Ontario , Canada , as well as one gold property and a reconnaissance
permit in Guyana .