A new legislative challenge for the Property Law and the Forestry Law
The Congressional Committees in charge of the Forestry Law Bill and the
Property Law Bill and the entire National Congress, including the President
of Congress Porfirio Lobo Sosa, are facing a new legislative challenge:
acting within the context popularly negotiated accords.
In response to international pressure, Honduras has experimented with
increased citizen participation in the last few years. The President's
administration has propelled efforts to seek popular consensus on policy
items. A new openness to negotiation has been seen under the leadership
of the current president of Congress.
Some Congressional representatives have said publicly that civil society groups should not be involved in legislation
However, some Congressional representatives have said publicly that civil society groups should not be involved in legislation, even when they are working on behalf of the people.
It is now to be seen how the rhetoric is translated into action. Congress is poised to approve the bills for the Property Law to Promote the Economy and the Forestry Law for Protected Areas. Both laws are of interest to international financial bodies, small farmer groups, indigenous peoples and the many communities who will be affected. There is an urgent need in the country to take advantage of natural resources wisely and to put the property system in order.
The Forestry Law should guarantee equitable access to both the poor and
the rich to management of natural resources. The Property Law is necessary
to effectively resolve the land tenancy problems in urban and rural properties.
Analysts are calling this a golden opportunity for Congress to approve laws that favour the interests of the nation over the interests of individuals or groups.
They warn that Congressional representatives have the chance to be key actors in an important historical moments by approving the laws according to the recommendations offered by civil society representatives during an intense process of consensus building led by the President.
The versions of both laws are in the hands of the Congress to be voted on by the end of the session on January 20, 2004.
The Forestry Law has been under public discussion for four years among government officials and civil society representatives calling for a law with a vision to benefit all Hondurans regardless of economic class.
It is believed that the government's investment in these negotiations has been in the millions of lempiras, including numerous trips for key leaders and congressional representatives to other countries with successful experiences in managing forestry resources.
At least 10 versions of the Forestry Law were written throughout the past four years. The legislation before Congress now actually includes sections that were approved last year.
The Honduran Agro-forestry Alliance, representing small farmer organizations, ethnic groups and non-governmental organizations, was the key force pushing forward the consensus building process for the Forestry Law.
In much the same way, groups of citizens from Tegucigalpa neighbourhoods were active in the process of negotiating the Property Law as a viable solution to land tenancy problems that have plagued urban neighbourhoods in the country for more than 20 years.
Despite the active participation of popular groups in the consensus building process, there is still widespread concern that the Congress will bow to the interests of powerful economic or political parties in maintaining the status quo in which a privileged few profit from the law.
The discussion of the Forestry Law has been delayed time and again despite the urgings of analysts who believe it is urgent that the forestry sector be guaranteed a rational administration of the natural resources.
Statistics from the United Nations Development Program reveals that Honduras lost 20 percent of its forests between 1962 and 1990. Honduras is primarily a forested country, although legislation and policy up to now have unduly encouraged traditional agriculture.
The consensus building process
The processes for building consensus is a popular tool among democratic governments seeking the cooperation of groups pressing for more attention from government policies for the most vulnerable populations in Honduran society.
In general the process is led by representatives of the President's office but is then undervalued by the Congress. When laws that touch the interests of the most powerful sectors of society are at stake, many Congressional representatives forget the majority of their constituents to favour these powerful groups, say analysts.
Liberal Congressman Jorge Arturo Reina agrees with that analysis, saying that in general the Congress resists laws negotiated outside the legislative sphere.
"Congress cannot be subordinate to agreements made elsewhere, and that is a weakness in the consensus building process. The process should include members of Congress so that there is no problem in approving the bill when it arrives in Congress," said the Congressman.
"Each branch
of the government should have its power, its respect, its opinion, and
if they think that Congress will just comply with the consensus of other
groups, there will always be difficulties," he added.
In the case of the Forestry Law he believes that "local interests,
individual interests" impeded the approval of the law. But he also
notes that there have been successes. "Some things have been accomplished,
others have not. I believe that the weakness is in the process of consensus
building that excludes people who should be included," he said.
To make the process effective, said Reina, he would recommend negotiations
with a series of key players who should decide the fundamental problems
that will be treated.
Although the Octavio Sànchez, the advisor to the President on property issues, denies that the discussion and approval of the Forestry Law and the Property Law are being pushed by pressure from international financing institutions, both Marvin Ponce, a representative for small farming communities, and Congressman Virgilio Umanzor say otherwise.
Octavio Sanchez
Marvin Ponce
Nonetheless, Ponce said that he is convinced that the Forestry Law is being reintroduced now because of pressure from international financing institutions and he reminds the public that the first impulse to approve the law coincided with pressure from the World Bank.
"But now that the World Bank is offering a new loan to Honduras, now they are pushing forward the law. But they are making substantial changes to the bill without understanding the concerns that we as civil society have, especially about the administrative body they plan to create with the funds," complained Ponce.
Pressures and Interests
The Justices of the Supreme Court have opposed the law
The lawyers say they are against the law because it proposes "a new legal order" that would do away with "the public instrument designated for the transference of real estate ownership and the constitution of mercantile society."
"The proposed legislation eliminates the public role of the lawyer notary, who is a Professional, and delegates the role to the State as a ministry of Public Faith," say public statements from the Honduran College of Lawyers.
The board of directors of COHEP sent a letter to Congress expressing its opposition to the law "because both instrument establish norms in violation of the Constitution and put property belonging to Hondurans and foreigners in a precarious legal situation."
Broken promises
Leaders from small farming communities consulted by Revistazo.com recognize the openness of the President in participating in the consensus building process for both laws and are confident that their recommendations have been included in the proposed laws sent to Congress.
Their fear, they say, is in the historical failure of Congressional representative to keep their promises, made through party leaders, to follow the recommendation of the most vulnerable classes of society.
You do not have to look very far, they say. Just remember the broken promises of Porfirio Lobo, President of Congress, in the process of approving the Water Law. The law was passed in the early morning hours despite promises to citizen groups that the law would not be passed without negotiations over points of disagreement.
Nonetheless, they know "the ball in the Congress's court now. They have the future of the country's forests and properties in their hands."
Congress is responsible for approving laws for the benefit of the country, laws that respond to the needs of the people and that strengthen Hondurans' efforts to rise out of the poverty that drowns this country everyday.
Currently, the forestry sector is nearly paralyzed and 86 percent of Hondurans do not have legal title to the land they occupy.
In February of 2003 Congress withdrew the first Forestry Law bill, which had been opposed by citizen groups because it did not contain elements agreed on in previous consensus building negotiations. Now a new version of the bill has been introduced and popular groups are hoping that their suggestions will be incorporated into the legislation before it is put up for a vote.
The versión of the Forestry Law presented by President Maduro was an improvement over the previous bill, but there are still substancial improvements to be included to represent the most important concerns from the participating civil society groups.
The Congressional representatives are at a historic crossroad with the chance to legislate for the benefit of the country. These two new laws could be the basis for progress in many parts of society. Everyone is waiting for legislation "based on consensus and not on impositions."
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