Guatemala City, Guatemala – A controversial bill to merge Guatemala’s Protected Areas Council and Lake Basin Management Agency into the country’s Ministry of Environment has sparked sustained backlash from environmental groups.
The possible takeover of the National Conservation Council (CONAP) by the Ministry of Environment and Natural Resources (MARN) has been a major issue for non-governmental groups. The bill, dubbed the environmental “super-ministry” bill by its opponents, scraps council structures that include the participation of civil society at the highest level, leaving the future of many communities and environmental groups to cooperate and work together. does not address the condition of Management contract with CONAP.
The Speaker of the Bundestag and other members of the ruling coalition introduced a bill earlier this year saying that various environmental agencies should be centralized, with excessive bureaucracy and little action, as they operate separately. claimed to be. The bill was given the green light by the Congressional Environment Committee in August and was scheduled for first discussion on the floor in October, but was withdrawn from the agenda at the beginning of the session. The bill could be returned to the session agenda at any time without warning.
“Our biggest concern is CONAP, which was created by law in 1989. Since then, CONAP has registered 350 protected areas in the country,” said the National Association of Natural Resources and Environmental NGOs. ASOREMA President Miriam Monterroso said.
“It is true that CONAP has many shortcomings, but the main reason is that since then the government has [its creation] We have not allocated a decent and appropriate budget,” she told Mongabay.
Guatemala’s 350 protected areas cover more than 30% of the country. They are the black howler monkeys of Guatemala (Al-Atta Pigra), and iconic endangered species such as the jaguar (panthera onca) and Guatemala’s national bird, the shining quetzal (Pharomacras Mochino).
Bewildering at-risk communities and non-governmental groups
More than 100 communities living within the boundaries of protected areas have cooperative agreements with CONAP, and these agreements provide rights to land use rights and government services such as education. Community concessions with internationally acclaimed conservation efforts are also under his CONAP jurisdiction, and many protected areas are jointly managed with environmental NGOs, local governments and other government agencies.
“I think the most important thing about this bill is that at least 30 years of work between civil society and government through CONAP will be wasted.” Biosphere Reserves and Wildlife Conservation It manages two national parks in the ward.
“CONAP has real weaknesses, but it has been very successful with civil society participation,” he told Mongabay.
As an institution, CONAP reports directly to the President, but the Council itself is made up of five representatives from various state agencies, one from the Center for Conservation Research at a national public university, one representing an environmental NGO. It has been constructed. Environmental groups would like to see more non-governmental officials on the council, but having two people with voices and voting rights is still important, Marquez said.
“They are in the minority, but they are there,” he said. “With the presence of civil society, the process from the previous administration will be properly followed up.”
CONAP has not taken a definitive official position in favor of or against the bill, but has raised a number of issues regarding the proposal. Mongabay has obtained an 18-page analysis submitted by CONAP to the Congressional Environment Committee. This analysis provides a view on the legal gaps and lack of clarity in the bill.
The bill replaces MARN in the Protected Areas Act with CONAP and amends and removes various legal provisions. However, CONAP noted in its remarks to the Commission that it did not refer to other legislation directly related to CONAP, including legislation establishing separate protected areas. The council also said the bill would have implications for what would happen to CONAP’s 950 employees, how it would fit into MARN’s organizational structure, or whether it would address issues such as the Convention on International Trade in Endangered Wild Animal Species. He also mentioned the lack of clarity on the implementation of international agreements. Flora (CITES) of which CONAP is the governing body.
“Furthermore, it fails to consider the implementation of the various regulations, norms, manuals and instruments that direct the management of protected areas and biodiversity in the country.” All of these have been approved by CONAP in line with its legal mandate. The agency noted in its analysis.
The bill also dissolves OCRET, the state’s office of land conservation and administration, which deals with land tenure and industrial activities in coastal, lakeside, and riverside areas. The Basin Management Authority for Lakes Amatitlán and Lake Atitlan, reporting directly to the Vice President, will be integrated into the Ministry of the Environment. The authorities of Lake Petén Itzá and Lake Izabal, already part of MARN, will lose their distinct status as special authorities.
The four lakes are one of Guatemala’s seven largest lakes and provide water and livelihoods for fishermen, farmers and communities. In some cases, human activity can also take a heavy toll. In the Amatitlán lake basin alone he is home to more than two million people. At 590 square kilometers (227 square miles), Lake Izabal, by far the largest in the nearby country, is home to manatees (Trichechus manatus Linnaeus) and nearby oil palms and mining are at odds with the local indigenous Mayan Kekchi community.
“We have an advisory board, and in the case of Lake Izabal, we are on it,” Marquez said. “It is the space where all the technical studies on the intended plan are presented, and that [space] There wouldn’t even have been a technical study of why a project affecting the lake should or shouldn’t be approved. ”
Lake Basin Authority Opposes Bill
Mongabay has contacted all four lake basin management agencies for their views on the bill. Two did not respond and one declined to comment. But the Agency for Sustainable Management of the Lake Atitlan Basin and Surroundings (AMSCLAE) provided Mongabay with analysis it submitted to the Congressional Environment Committee earlier this year, asking the committee not to green light the bill. .
“The concentration of power and administrative, technical, and financial obligations to manage resources under a single ministry limits civic participation and technical and scientific accompaniment, and limits social oversight and transparency in resource management. undermines,” the agency wrote in its analysis.
Lake Atitlan is one of the country’s top tourist destinations, but the villages around the lake and further up the basin are primarily Mayan indigenous communities. AMSCLAE notes that centralizing all environmental agencies in MARN risks making decisions without considering local context and cultural relevance.
The Congressional Environment Committee originally voted against the bill in April. After removing the National Forest Institute from negotiations and the list of disappearing agencies, the commission voted in favor of the bill in August. He was the only member of the committee who voted. He has dissenting views on several of the 19 parties represented in parliament on a floor that requires three debates before a vote.
“This bill has faced widespread rejection because it would actually destroy the institutions protecting Guatemala’s environmental affairs. Clearly, there were various organizations that opposed it.” oppose.
“It’s a little more complicated now because the campaign is about to start,” Perez told Mongabay, noting that for campaign purposes, some parties and legislators have begun to distinguish themselves from the ruling party they supported until very recently. “My gut feeling is that they won’t let it in.” [on the agenda] Again, you have to assume the worst. ”
Monterroso does not expect congressional representatives with ties to the ruling alliance to hold out. The potential concentration of budgets of various agencies under MARN due to the election campaign ahead of the general election in May is an even bigger concern, she said, increasing the risk of corruption.
“I don’t trust politicians. They took it off [the agenda] Because it’s very controversial now, but if we’re not careful, they can be brought back and passed with a motion.
banner image: Lake Atitlan is an important part of the local economy and indigenous peoples also depend on it for water. Image by Murray Foubister via Wikimedia Commons (CC BY-SA 2.0).
