The President of the Congressional Committee considering the Forestry Law speaks with REVISTAZO.COM

Virgilio Umanzor explains:
· Society can rest assured that the subject of how the new forestry administration will be institutionalized will be defined in the law.
· The State's forestry administration of the State is not going to directly manage the national forest, but will act as a regulating entity to establish norms and supervise the management, he says.
· The committee's project includes creating three funds for the reinvestment and management of forestry areas.
· He says the committee will encourage the full participation of citizens in the management of the forests.
· He recognizes that there are groups interested in manipulating the law, but he says the committee will seek to integrate everyone's interests.
· He highlights the involved process of creating a comprehensive law

Q. REVISTAZO.COM: In what stage is the process of dictating the forestry law?
A. Virgilio Umanzor: Well, we are on article 74. It is an extensive law and the project contains 170 articles. More than being long, the quantity of subjects regulated by the law makes the process a little slow.
We have already agreed in the committee to pass some provisions, which are typical of rules, on to the rules and regulations. We are treating a very sensitive subject, of high national interest, and there has been extensive consultation and coordination with civil society. Whatever provision is moved to the rules will be done so with the idea that we are generating a document of compromises and some things must be taken out. But we guarantee society that a provision in the law will require that the rules be made in consultation with civil society within a reasonable amount of time. We want to guarantee that as much citizen participation goes into the preparation of the rules as is going into the creation of the law. One of the things many people complain about is that the setting of rules and regulations sometimes changes the laws.

Q. What aspects are now included in the Rules?
A. It would be a little difficult to say precisely at the moment, but they are the procedural norms that are generally typical of rules. We are selecting them and we continue to generate the document.

Q. In the Civil Society there is some fear that the form of the institution will be put in the rules.
A. Let me tell you that we began discussing institutional aspects but we decided to suspend the discussion while members of the committee conduct more consultations to investigate the decisions we will make. You have to remember that transforming the institution has many implications. For example, there is the financial aspect-just to close out the current institution (COHDEFOR) would cost an estimated 80 million lempiras (about $5 million). We are trying to introduce reforms that will be less costly to the State, given the State's financial reality. Because of all this, there is still no agreement in the Committee in respect to the institutional questions, but society can definitely be assured that the subject will not be pushed off on the rules-the decision has to be made in the law.

Q. How are relations left in regards to the subject of concessions and the management of the forest?
A. We have finished the part on forest management. Within this subject there is the aspect of Forest Management Contracts. We don't use the term concession as such. We speak of short and long term management contracts, which are very similar or would be equivalent to the term concession. What is very clear that the national forest will continue to be property of the State. There is consensus that the national forests will not be privatized.
The committee is also introducing Service Contracts to achieve specific activities within the forests like cleaning, clearing and fire control-activities that happen once in a while and do not last long. Other activities that are included in management will be regulated by Short-Term Management Contracts for periods of seven (7) years and Long-Term Management Contracts for periods longer than seven (7) years. There will also be Community Forestry Management that are an alternative long-term contract. The Long-Term Contract will be used for particular persons, usually in a business capacity, involved in managing the forests. The Community Forestry Management will used with community businesses, which could be a cooperative, an agroforestry group or a community.

Q. Will this be the mechanism that guarantees the participation of communities now living in the forests?
A. Respect for the rights acquired by the occupants of national land is another subject that is clearly arranged. The regulation of these rights will grant inclusive privileges like the Community Forestry Management Contract. A process of public legalization will not be required because the contracting is to be direct. In this way it is very clear that forestry administration of the State is not going to directly manage the national forest, but will be a regulatory entity to establish norms and to supervise. There is not going to be, for example, a bulky organization of technical administrative personnel to directly do management activities, because the management of the national forest will by done by private companies or communities.
The Forestry Administration will be given a period of three (3) years to elaborate plans of management for the entire national forest and to submit awards for the management contracts through public legalization. The Forestry Administration will oversee the management of any areas for which they cannot award contracts, with the understanding that these areas will be placed under service contracts and that management contracts will be offered for approval by public auction.

Q. How will the participation of civil society be guaranteed in the direction of the new forestry administration and the management funds?
A. Consensus on this subject was reached in previous stages. Whatever manner is finally developed, there is no doubt that we are disposed to encourage the most complete participation of citizens in the management of the forests beginning with the institutional part, the means that will form the public forestry institution. We are considering the creation of a consulting body, a means of advise where all sectors will be given the chance to participate.

Q. Is this a law with a vision for the country?
A. It definitely has to be. There has been this important effort of consultation and of coordination and we have found great interest from many sectors in the law. And I believe that there is a convergence in the major aspects contained in this initiative.

Q. Are many interested parties taking part?
A. I should say so-there are a multiplicity of economic and other types of interests in this legislation, but we can say that these documents are created from a consensus built from the private business sector and the community, the environmental organizations and those that manage the protected areas. There is a true balance in the content of the proposals, and I personally guarantee that my action will always be based in a vision for the country, the national interest, and an effort to balance the different interests whose existence we cannot ignore.

Q. Has there been pressure to put anything in or take anything out of the law?
A. No, definitely none, because all have been able to come and participate (in the process of putting the law together). And I don't know if such pressure could occur in the future from any sector. The only aspect where there has been much disagreement between the civil society groups and private businesses is in regards to the problems of Olancho (a district of Honduras). However, the committee has not felt any pressure.

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