Deforestation and weak legislation

Dhanapala Weerasekera

Despite recent improvements in environment and natural resource conservation very serious degradation continues in all important sectors of our natural resources with continuing illegal deforestation, sand mining, water resource pollution, air pollution and destabilization of land surface.

Though the educated and concerned public and organizations are aware of the obvious fact that mere creation of awareness and pleading to offenders has had little effect other than to enlighten and educate the people, specially our youth while the powerfully backed offenders with their greed for easy money continue to destroy what is now left for our future generations. Just as preaching and pleading has had little effect on the spread of drug use, smuggling and similar offence but are now under some control due to firm action by officials and heavy penalties usually paid by the main culprits on behalf of their employees who are arrested, the time has come for the Ministries concerned to take action not to reduce but to prevent the still continuing offences.

Deforestation

Sri Lanka is rated as one of the countries which are seriously affected by deforestation and though there is a decline in the rate of such deforestation, the low level of forest cover left makes even the present rate of forest decline serious. Our country had a forest cover of 49 percent in 1920 despite the heavy deforestation for large extents of estates but is now just about 20 percent with the total forest cover loss between year 1990 to 2000 being a colossal loss of 26,000 ha per year. Deforestation directly affects the ground water table, surface earth stability, temperature and atmosphere, the unusual weather changes and the impending serous water shortage.

In today’s context when some people treat money as their god and the main or sole objective in life, it is time that the Government and specially those in charge of our natural resources which belong not only to the present but also the future generations, accept the truth that the main offenders are not the small time firewood collectors and employees of timber racketeers but powerful businessmen protected by powerful social leaders and some officials.

There was a time during the Government of Mrs. Sirimavo Bandaranaike when proposals were made to punish forestry offenders by not only heavy fines but by confiscation or requisition of vehicles and equipment used in illegal felling and transport activities. The present situation can be judged from a very recent case wherein a single offence over fifty valuable large and mature trees had been felled from a forest reserve and caught during transport. The two small fry were arrested with no follow up to catch the real big racketeers and with their pleading guilty, they were each fined just Rs 10,000 which would be about the value of one big tree though the environment cost of the damage done will be at least a thousand times more and the damage irreparable.

The real culprits would have celebrated as their only loss was their labour costs while the officers who agreed to this penalty would have got a “good conduct mark” for their detection plus the usual “token of appreciation” from the boss of the enterprise.

Judging by the leniency shown in dealing with these offences it is apparent that those who decide on the penalties are ignorant of or are unconcerned about the value of our natural resources not only for today but for the future generations.

They should at least know the scientifically proved fact that a single large tree on an average produces as much oxygen per year as is used up by ten humans per year or one human for ten years. Apart from all the other environmental damage caused, the felling of fifty big trees deprives our atmosphere of the oxygen requirements of 500 people for a whole year and in the case referred to, the penalty for the offence of felling the fifty trees, Rs 10,000 shows either lack of concern, ignorance, political pressure or corruption.

Tree planting

We have appreciated the involvement of various grades of VIPs and Societies in tree planting projects, some of which are highly publicized in the hope that such actions will encourage others to continue such planting during the years to follow. I have seen this activity repeated annually on internationally listed environment connected days or to celebrate some function, a visit or event for many decades and even noted new plants being planted in the same location later as the small seedlings previously planted have perished due to neglect.

My experience is that tree planting and care following awareness programs have succeeded mainly among the youth and in schools while attempting to seriously involve adults meets with little or no results.

The need for well organized tree planting must be initiated by the state and legislation is urgently required to convert privately or public owned bareland to forests by planting trees and ensuring that they are cared for. Land owners and local organizations can be encouraged by offering them some advantage or benefit as is being done now by a leading private company. However while such activity will be of some future benefit, we must note that such newly planted trees will take about twenty years to replace the environmental benefits of a big tree.

It is therefore important that while well organized tree planting is continued, the felling of existing trees must be seriously controlled and penalties for illegal felling increased with mandatory minimum levels prescribed and maximums raised taking into consideration not merely the value of timber but the environmental cost of the damage done.

Confiscation of equipment including vehicles used for the offence should also be mandatory. The present policy of leaving the decision on the amount or degree of penalty to the discretion of the Courts has resulted in laxity in action to detect and suitably punish the real culprits. The very serious consequences of deforestation which affect the future of generations merits even the introduction of a system of reward to officials and informers whose action leads to detection and penalties.

At the same time, it is also necessary to follow up detected illegal deforestation and inquire into the failure of relevant officers and others in allowing the continuation of activities of timber racketeers sometimes for years without action. The Customs Ordinance and the manner in which they handle the offence of smuggling and their system of rewarding informers and officials is an example worth applying to the more nationally damaging offences of the destruction of our fast depleting forest cover and valuable natural resources.

The writer is Chairman, Lanka Initiative for Environment. (L.I.F.E)