Exministro de Agricultura analiza la controversia sobre la Ley Forestal

Key Concepts:

• Ley Forestal (Forest Law): Peruvian law regulating land use, forestry, and agriculture.
• Aptitud Agrícola (Agricultural Aptitude): Soil suitability for agriculture based on factors like slope, acidity, and drainage.
• Zonificación (Zoning): Mapping and classification of land based on its suitability for different uses.
• Ampliación de la Frontera Agrícola (Expansion of the Agricultural Frontier): Increasing the area of land used for agriculture.
• Deforestación Legal (Legal Deforestation): Deforestation permitted under existing laws, subject to certain conditions.
• Cambios de Uso (Land Use Changes): Altering the designated use of land, such as from forest to agriculture.
• Constancias de Posesión (Possession Certificates): Documents granting temporary rights to land, but not full ownership.
• Sistemas Agroforestales (Agroforestry Systems): Land use systems that integrate trees and shrubs with crops and/or livestock.
• Bonos de Carbono (Carbon Credits): Tradable certificates representing the removal or reduction of greenhouse gases.
• Bionegocios (Bio-businesses): Businesses based on the sustainable use of biological resources.

Modifications to the Forest Law and its Implications

• Historical Context: The speaker, Juan Manuel Benítez, explains that Peruvian forest laws since 1975 have restricted agriculture to land classified as having agricultural aptitude. This classification relies on soil studies dating back to the 1970s, which are now outdated due to technological advancements in agriculture (e.g., hydroponics, desert farming).
• State's Failure in Zoning: The state has failed to properly zone land to determine which areas are suitable for agriculture. Instead, it has indiscriminately issued possession certificates, provided credit, built roads, and offered technical assistance, leading to widespread agriculture in areas not officially designated for it.
• Extent of the Problem: According to the Ministry of Agriculture data, only 16% of agriculture in Peru is on suitable land, meaning 84% is potentially in violation of the forest law. This discrepancy exists because the law prohibits agriculture on land not deemed agriculturally suitable.
• Economic Reality: Despite the legal restrictions, Peru has a thriving agricultural sector, exporting $10 billion worth of products, including from the Amazon. The current law clashes with this economic reality.
• The Modification: The recent modification to the law recognizes the current land use. It acknowledges existing agricultural activities (e.g., coffee, cacao) on land where forests have already been cleared. The law aims to formalize these activities.
• Limitations of the Modification: The modification only addresses past land use. The existing forest law still allows for legal deforestation. According to Article 38 of Law 29763, if a soil study determines that land in the Amazon is suitable for agriculture, 70% of the forest can be cleared, leaving 30% as a reserve.
• Call for Further Action: Benítez argues that Peru should prohibit further land use changes. With 12 million hectares already deforested in the Amazon, there is no need for more deforestation. Only 2-3 million hectares of the deforested land are currently used for agriculture, leaving approximately 10 million hectares unused and degraded.

Addressing Deforestation and Promoting Sustainable Land Use

• Opportunity in Degraded Land: The 10 million hectares of deforested land present an opportunity for recovery and sustainable use. Instead of allowing new deforestation, this land should be put to use through reforestation, agroforestry systems, and nature regeneration projects.
• Land Titling and Formalization: Lack of property titles and widespread informality contribute to deforestation, illegal logging, illegal mining, and drug trafficking in the Amazon. Formalizing land ownership and creating a land market could help address these issues.
• Environmentalist Perspective: Benítez acknowledges that some environmentalists oppose any agricultural activity on deforested land. However, he argues that if the law allows deforestation for agriculture, it makes more sense to focus agricultural activities on already deforested land rather than cutting down more forests.
• Creating a Land Market: A land market could absorb the demand from people migrating to the Amazon for agriculture. This would incentivize the use of existing deforested land instead of clearing new forests.
• Potential for Bio-businesses: Formalizing land ownership and promoting sustainable land use practices can create opportunities for new bio-businesses, including carbon credit projects.

Conclusion:

The modification to the forest law is a step in the right direction as it recognizes the current land use realities. However, it is incomplete. The law needs to close the loophole that allows for legal deforestation. The focus should be on utilizing the already deforested land in a sustainable manner, promoting formalization, and creating economic opportunities that discourage further deforestation.