

Currently released so far... 12900 / 251,287
Browse latest releases
2010/12/01
2010/12/02
2010/12/03
2010/12/04
2010/12/05
2010/12/06
2010/12/07
2010/12/08
2010/12/09
2010/12/10
2010/12/11
2010/12/12
2010/12/13
2010/12/14
2010/12/15
2010/12/16
2010/12/17
2010/12/18
2010/12/19
2010/12/20
2010/12/21
2010/12/22
2010/12/23
2010/12/24
2010/12/25
2010/12/26
2010/12/27
2010/12/28
2010/12/29
2010/12/30
2011/01/01
2011/01/02
2011/01/04
2011/01/05
2011/01/07
2011/01/09
2011/01/10
2011/01/11
2011/01/12
2011/01/13
2011/01/14
2011/01/15
2011/01/16
2011/01/17
2011/01/18
2011/01/19
2011/01/20
2011/01/21
2011/01/22
2011/01/23
2011/01/24
2011/01/25
2011/01/26
2011/01/27
2011/01/28
2011/01/29
2011/01/30
2011/01/31
2011/02/01
2011/02/02
2011/02/03
2011/02/04
2011/02/05
2011/02/06
2011/02/07
2011/02/08
2011/02/09
2011/02/10
2011/02/11
2011/02/12
2011/02/13
2011/02/14
2011/02/15
2011/02/16
2011/02/17
2011/02/18
2011/02/19
2011/02/20
2011/02/21
2011/02/22
2011/02/23
2011/02/24
2011/02/25
2011/02/26
2011/02/27
2011/02/28
2011/03/01
2011/03/02
2011/03/03
2011/03/04
2011/03/05
2011/03/06
2011/03/07
2011/03/08
2011/03/09
2011/03/10
2011/03/11
2011/03/13
2011/03/14
2011/03/15
2011/03/16
2011/03/17
2011/03/18
2011/03/19
2011/03/20
2011/03/21
2011/03/22
2011/03/23
2011/03/24
2011/03/25
2011/03/26
2011/03/27
2011/03/28
2011/03/29
2011/03/30
2011/03/31
2011/04/01
2011/04/02
2011/04/03
2011/04/04
2011/04/05
2011/04/06
2011/04/07
2011/04/08
2011/04/09
2011/04/10
2011/04/11
2011/04/12
2011/04/13
2011/04/14
2011/04/15
2011/04/16
2011/04/17
2011/04/18
2011/04/19
2011/04/20
2011/04/21
2011/04/22
2011/04/23
2011/04/24
2011/04/25
2011/04/26
2011/04/27
2011/04/28
2011/04/29
2011/04/30
2011/05/01
2011/05/02
2011/05/03
2011/05/04
2011/05/05
2011/05/06
2011/05/07
2011/05/08
2011/05/09
2011/05/10
2011/05/11
2011/05/12
2011/05/13
2011/05/14
2011/05/15
2011/05/16
2011/05/17
2011/05/18
2011/05/19
2011/05/20
2011/05/21
2011/05/22
2011/05/23
2011/05/24
Browse by creation date
Browse by origin
Embassy Athens
Embassy Asuncion
Embassy Astana
Embassy Asmara
Embassy Ashgabat
Embassy Apia
Embassy Ankara
Embassy Amman
Embassy Algiers
Embassy Addis Ababa
Embassy Accra
Embassy Abuja
Embassy Abu Dhabi
Embassy Abidjan
Consulate Auckland
Consulate Amsterdam
Consulate Adana
American Institute Taiwan, Taipei
Embassy Bujumbura
Embassy Buenos Aires
Embassy Budapest
Embassy Bucharest
Embassy Brussels
Embassy Bridgetown
Embassy Bratislava
Embassy Brasilia
Embassy Bogota
Embassy Bishkek
Embassy Bern
Embassy Berlin
Embassy Belmopan
Embassy Belgrade
Embassy Beirut
Embassy Beijing
Embassy Banjul
Embassy Bangkok
Embassy Bandar Seri Begawan
Embassy Bamako
Embassy Baku
Embassy Baghdad
Consulate Barcelona
Embassy Copenhagen
Embassy Conakry
Embassy Colombo
Embassy Chisinau
Embassy Caracas
Embassy Canberra
Embassy Cairo
Consulate Curacao
Consulate Ciudad Juarez
Consulate Chennai
Consulate Casablanca
Consulate Cape Town
Consulate Calgary
Embassy Dushanbe
Embassy Dublin
Embassy Doha
Embassy Djibouti
Embassy Dili
Embassy Dhaka
Embassy Dar Es Salaam
Embassy Damascus
Embassy Dakar
Consulate Dubai
Embassy Helsinki
Embassy Harare
Embassy Hanoi
Consulate Ho Chi Minh City
Consulate Hermosillo
Consulate Hamilton
Consulate Hamburg
Consulate Halifax
Embassy Kyiv
Embassy Kuwait
Embassy Kuala Lumpur
Embassy Kinshasa
Embassy Kingston
Embassy Kigali
Embassy Khartoum
Embassy Kathmandu
Embassy Kampala
Embassy Kabul
Consulate Kolkata
Consulate Karachi
Embassy Luxembourg
Embassy Luanda
Embassy London
Embassy Ljubljana
Embassy Lisbon
Embassy Lima
Embassy Lilongwe
Embassy La Paz
Consulate Lahore
Consulate Lagos
Mission USOSCE
Mission USNATO
Mission UNESCO
Embassy Muscat
Embassy Moscow
Embassy Montevideo
Embassy Monrovia
Embassy Minsk
Embassy Mexico
Embassy Mbabane
Embassy Maputo
Embassy Manila
Embassy Manama
Embassy Managua
Embassy Malabo
Embassy Madrid
Consulate Munich
Consulate Mumbai
Consulate Montreal
Consulate Monterrey
Consulate Milan
Consulate Melbourne
Embassy Nicosia
Embassy Niamey
Embassy New Delhi
Embassy Ndjamena
Embassy Nassau
Embassy Nairobi
Consulate Naples
Consulate Naha
Embassy Pristina
Embassy Pretoria
Embassy Prague
Embassy Port Of Spain
Embassy Port Louis
Embassy Port Au Prince
Embassy Phnom Penh
Embassy Paris
Embassy Paramaribo
Embassy Panama
Consulate Peshawar
REO Basrah
Embassy Rome
Embassy Riyadh
Embassy Riga
Embassy Reykjavik
Embassy Rangoon
Embassy Rabat
Consulate Rio De Janeiro
Consulate Recife
Secretary of State
Embassy Suva
Embassy Stockholm
Embassy Sofia
Embassy Skopje
Embassy Singapore
Embassy Seoul
Embassy Sarajevo
Embassy Santo Domingo
Embassy Santiago
Embassy Sanaa
Embassy San Salvador
Embassy San Jose
Consulate Strasbourg
Consulate St Petersburg
Consulate Shenyang
Consulate Shanghai
Consulate Sapporo
Consulate Sao Paulo
Embassy Tunis
Embassy Tripoli
Embassy Tokyo
Embassy The Hague
Embassy Tel Aviv
Embassy Tehran
Embassy Tegucigalpa
Embassy Tbilisi
Embassy Tashkent
Embassy Tallinn
Consulate Toronto
Consulate Tijuana
USUN New York
USEU Brussels
US Office Almaty
US Mission Geneva
US Interests Section Havana
US Delegation, Secretary
UNVIE
Embassy Ulaanbaatar
Embassy Vilnius
Embassy Vienna
Embassy Vatican
Embassy Valletta
Consulate Vladivostok
Consulate Vancouver
Browse by tag
AE
ASEC
AS
AR
AMGT
AFIN
AORC
AU
AG
AF
APER
ABLD
ADCO
ABUD
AM
AID
AJ
AEMR
AMED
AL
ASUP
AN
AIT
ACOA
ANET
ASIG
AA
AGMT
AINF
AFFAIRS
ADANA
AY
AADP
ARF
ACS
AGR
AMCHAMS
AECL
AUC
APEC
APECO
AFGHANISTAN
ACAO
ASEAN
ADM
AGAO
AND
ADPM
ATRN
ALOW
AROC
APCS
AORG
AO
AODE
ACABQ
AX
AMEX
AZ
ARM
AQ
ATFN
AMBASSADOR
ACBAQ
AFSI
AFSN
AC
ASEX
AER
AVERY
AGRICULTURE
ASCH
AFU
AMG
ATPDEA
ASECKFRDCVISKIRFPHUMSMIGEG
AORL
BR
BO
BA
BM
BL
BH
BK
BEXP
BILAT
BTIO
BF
BU
BD
BY
BE
BG
BB
BBSR
BT
BRUSSELS
BP
BX
BC
BIDEN
BMGT
BWC
BN
BTIU
CA
CS
CO
CD
CR
CPAS
CDG
CI
CDC
CBW
CU
CVIS
CE
CONS
CH
CMGT
CASC
CY
CW
CG
CJAN
CIDA
CODEL
CWC
CIA
CBSA
CEUDA
CFED
CLINTON
CAC
CL
CACS
CIC
CHR
CAPC
CM
CT
CTR
COM
CROS
CN
COPUOS
CV
CF
CARSON
CONDOLEEZZA
CICTE
CYPRUS
COUNTER
COUNTRY
CBE
CKGR
CVR
COUNTERTERRORISM
CITEL
CLEARANCE
COE
CARICOM
CB
CSW
CITT
CACM
CDB
CJUS
CTM
CAN
CLMT
CBC
CNARC
CIS
EFIN
ECON
ETRD
EAID
EC
EU
EUN
EINV
EG
ETTC
EIND
ELAB
EAGR
ECIN
EINT
ENRG
EFIS
ELTN
EAIR
EPET
EZ
ET
ENERG
ECPS
EWWT
EI
ETRN
EINVECONSENVCSJA
EEPET
EUNCH
ER
ES
EN
EMIN
ESENV
ENNP
ENGR
ETRDEINVECINPGOVCS
ENVI
ECINECONCS
ELN
EFTA
ELECTIONS
ENVR
EXTERNAL
ENIV
ESA
EPA
ETRO
ETRDECONWTOCS
EUR
ECUN
EXIM
EK
EUREM
ECONOMY
EUMEM
ERNG
EFINECONCS
EAIDS
ECA
ETRC
EINVEFIN
ETC
EAP
EINN
ECONOMIC
EXBS
ENGY
ECONOMICS
EIAR
EINDETRD
ECONEFIN
EURN
EDU
ETRDEINVTINTCS
ECIP
EFIM
EREL
EINVETC
ECONCS
ETRA
EAIG
EUC
ERD
IQ
IR
IS
IN
IA
IC
IZ
ICRC
ID
IDA
IT
IO
IAEA
ICJ
ICAO
IV
IBRD
IMF
IAHRC
IWC
ILO
ISLAMISTS
IGAD
ILC
ITU
ITF
INRA
INRO
ICTY
INRB
ITALY
IBET
IL
INTELSAT
ISRAELI
IMO
IDP
ICTR
ITRA
IRC
IRAQI
IEFIN
IPR
IIP
INMARSAT
ITPGOV
ITALIAN
INTERNAL
IRS
INTERPOL
IEA
INR
ISRAEL
IZPREL
IRAJ
IF
ITPHUM
IACI
INDO
KPAO
KMDR
KCOR
KNNP
KJUS
KCRM
KDEM
KVPR
KTFN
KPRP
KTIP
KSCA
KSUM
KTEX
KIDE
KIRF
KV
KTIA
KN
KG
KFRD
KWMN
KUNR
KISL
KU
KGHG
KPKO
KOMS
KPAL
KIPR
KMCA
KOMC
KRVC
KSEP
KAWC
KOLY
KWBG
KACT
KFLO
KHIV
KZ
KGIC
KBCT
KDRG
KBTR
KCFE
KE
KHLS
KMPI
KAWK
KPWR
KIRC
KRAD
KFRDCVISCMGTCASCKOCIASECPHUMSMIGEG
KFLU
KPLS
KRIM
KSTH
KDDG
KPRV
KICC
KS
KSAF
KBIO
KREC
KCGC
KCIP
KTDB
KWAC
KPAI
KFRDKIRFCVISCMGTKOCIASECPHUMSMIGEG
KFSC
KSTC
KMFO
KID
KNAR
KMIG
KVRP
KNEI
KGIT
KNSD
KHDP
KSAC
KWMM
KR
KCOM
KAID
KENV
KVIR
KHSA
KO
KCRS
KPOA
KTER
KFIN
KSPR
KTBT
KX
KCMR
KMOC
KCRCM
KBTS
KSEO
KOCI
KNUP
KPAONZ
KNUC
KNNPMNUC
KERG
KSCI
KTLA
KCSY
KTRD
KMRS
KNPP
KJUST
KRCM
KCFC
KCHG
KREL
KFTFN
KLIG
KDEMAF
KGCC
KICA
KHUM
KSEC
KPIN
KESS
KDEV
KPIR
KWWMN
KOM
KWNM
KRFD
KRGY
KIFR
KWMNCS
KPAK
MARR
MOPS
MUCN
MCAP
MNUC
MEPP
MTCRE
MASS
MO
MIL
MX
MAS
MEDIA
MAR
MI
MQADHAFI
MPOS
MTCR
MK
MG
MA
MY
MU
ML
MPS
MW
MD
MARAD
MC
MR
MT
MTRE
MASC
MRCRE
MAPP
MZ
MP
MOPPS
MTS
MLS
MILI
MEPN
MEPI
MEETINGS
MERCOSUR
MCC
MIK
MAPS
MV
MILITARY
MDC
MASSMNUC
NI
NZ
NL
NO
NPT
NATO
NS
NU
NP
NPA
NSFO
NDP
NT
NW
NASA
NSG
NE
NORAD
NAFTA
NG
NATIONAL
NSSP
NV
NSF
NK
NA
NEW
NPG
NR
NGO
NIPP
NZUS
NH
NC
NRR
NAR
NATOPREL
NSC
OIIP
OPRC
OTRA
OEXC
OREP
OSCE
OVIP
OPAD
OBSP
OECD
OFFICIALS
OAS
OPDC
ODIP
OPCW
OES
OFDP
OPIC
OCS
OIC
OHUM
OSCI
OVP
ODC
OIE
OTR
OMIG
OSAC
OFDA
ON
OCII
PREL
PINR
PGOV
PARM
PE
PTER
PHUM
PO
PINS
PREF
PK
PM
POL
PBTS
PNAT
PHSA
PAS
PA
PL
PGIV
PHUMPREL
POGOV
PAK
PEL
PROP
PP
PINL
PBT
PTBS
PG
PINF
PRL
PALESTINIAN
PSEPC
POSTS
PAHO
PHUMPGOV
PGOC
PNR
PREFA
PMIL
POLITICS
POLICY
PROV
PBIO
PREO
PAO
PDOV
PGOF
POV
PCI
PRAM
PSI
POLITICAL
PAIGH
PJUS
PARMS
PROG
PTERE
PRGOV
PORG
PS
PKFK
PSOE
PEPR
PPA
PINT
PMAR
PRELP
PNG
PFOR
PUNE
PGOVLO
PHUMBA
POLINT
PGOVE
PHALANAGE
PARTY
PDEM
PECON
PY
PLN
PHUH
PF
PHUS
PU
PARTIES
PCUL
PGGV
PSA
PGOVSMIGKCRMKWMNPHUMCVISKFRDCA
RU
RS
REGION
REACTION
REPORT
RO
RW
RCMP
RSO
RP
RM
ROOD
RFE
RICE
ROBERT
RSP
RF
RELATIONS
RIGHTS
RIGHTSPOLMIL
RUPREL
SENV
SY
SNAR
SCUL
SP
SF
SW
SOCI
SU
SMIG
SO
SA
SR
SZ
SI
SC
SEVN
SN
STEINBERG
SK
SH
SNARCS
SPCE
SARS
SNARN
SG
SL
SYRIA
SIPRS
SAARC
SNARIZ
SWE
SYR
SEN
SCRS
SAN
ST
SIPDIS
SSA
SPCVIS
SOFA
SENVKGHG
SANC
SHI
SHUM
TU
TSPA
TBIO
TS
TRGY
TINT
TPHY
TN
TW
TH
TZ
TSPL
TP
TBID
TI
TF
TD
TT
TNGD
TL
TC
THPY
TIP
TX
TV
TK
TERRORISM
TO
TRSY
TURKEY
TFIN
TAGS
TR
UK
UNSC
UNGA
UNESCO
UNHRC
UP
UN
USTR
US
UNDC
UY
UNICEF
UNDP
UNMIK
UNAUS
UNCHC
UNCSD
USOAS
UNFCYP
UG
UNIDROIT
UNO
UV
UNHCR
UNEP
USEU
UZ
UNCND
USUN
UNCHR
USNC
USPS
USAID
UE
UNVIE
UAE
UNODC
UNCHS
UNFICYP
UNDESCO
UNC
UNPUOS
Browse by classification
Community resources
courage is contagious
Viewing cable 10BRASILIA156, BRAZIL: FOREST CODE PROVOKES HEATED DEBATE BETWEEN ENVIRONMENTALISTS AND FARMERS
If you are new to these pages, please read an introduction on the structure of a cable as well as how to discuss them with others. See also the FAQs
Understanding cables
Every cable message consists of three parts:
- The top box shows each cables unique reference number, when and by whom it originally was sent, and what its initial classification was.
- The middle box contains the header information that is associated with the cable. It includes information about the receiver(s) as well as a general subject.
- The bottom box presents the body of the cable. The opening can contain a more specific subject, references to other cables (browse by origin to find them) or additional comment. This is followed by the main contents of the cable: a summary, a collection of specific topics and a comment section.
Discussing cables
If you find meaningful or important information in a cable, please link directly to its unique reference number. Linking to a specific paragraph in the body of a cable is also possible by copying the appropriate link (to be found at theparagraph symbol). Please mark messages for social networking services like Twitter with the hash tags #cablegate and a hash containing the reference ID e.g. #10BRASILIA156.
Reference ID | Created | Released | Classification | Origin |
---|---|---|---|---|
10BRASILIA156 | 2010-02-10 19:01 | 2010-12-14 15:00 | UNCLASSIFIED//FOR OFFICIAL USE ONLY | Embassy Brasilia |
VZCZCXRO0760
RR RUEHAST RUEHDH RUEHHM RUEHLN RUEHMA RUEHPB RUEHPOD RUEHSL RUEHTRO
DE RUEHBR #0156/01 0411903
ZNR UUUUU ZZH
R 101901Z FEB 10
FM AMEMBASSY BRASILIA
TO RUEHC/SECSTATE WASHDC 0463
INFO ENVIRONMENT SCIENCE AND TECHNOLOGY COLLECTIVE
RUEHC/DEPT OF AGRICULTURE WASHINGTON DC
RUEHRG/AMCONSUL RECIFE
RUEHRI/AMCONSUL RIO DE JANEIRO
RUEHSO/AMCONSUL SAO PAULO
UNCLAS SECTION 01 OF 03 BRASILIA 000156
SENSITIVE
SIPDIS
E.O. 12958: N/A
TAGS: SENV EAGR KGHG KSCA BR
SUBJECT: BRAZIL: FOREST CODE PROVOKES HEATED DEBATE BETWEEN ENVIRONMENTALISTS AND FARMERS
REF: 2009 BRASILIA 123; 2009 BRASILIA 893 (U) THIS CABLE IS SENSITIVE BUT UNCLASSIFIED AND NOT FOR INTERNET DISTRIBUTION.
¶1. (SBU) SUMMARY. The Brazilian Forest Code's requirement that a rural landowner in the Amazon maintain 80 percent of the native forest as a legal reserve has produced a heated dispute between the agriculture and environmental communities. Environmentalists see it as a potentially powerful tool to prevent deforestation, and the agriculture sector views it as economically ruinous for millions of ranchers and farmers. As a practical matter, that legal reserve requirement has never been effectively implemented, and President Luiz Inacio Lula da Silva has decided, once again, to postpone implementation till June 2011 - after the upcoming national elections. While the debate continues over the Forest Code, the Government of Brazil's other policies have contributed to a sharp decline in the rate of Amazon deforestation from 21.5 thousand square kilometers in 2002 to 7.0 thousand last year. END SUMMARY
FOREST CODE'S CONTROVERSIAL RESERVE REQUIREMENT
¶2. (SBU) The Brazilian Forest Code (Law 4,771 from Sept. 15, 1965) began its life as much a tool for sound soil and water resources management as to promote forest conservation. The law required maintenance of forests in strategic areas, such as along rivers, streams and lakes, on tops of hills and mountains, and on steep hillsides, to protect water quality and prevention erosion. At the time of its enactment in 1965, the Brazilian Government supported policies to clear the Amazon for agricultural production. The Constitution still includes a provision requiring a landowner to make productive use of the land, which is commonly read to mean that landowners must clear some forests for agriculture purposes or risk losing the land. The Forest Code initially required rural properties in the Amazon Region to maintain 50 percent of the native forest on the property. This area is called the "reserva legal" (or legal reserve). The legal reserve was 20 percent for rural areas in the savannah (or "Cerrado") region and also 20 percent for the rest of the country.
¶3. (SBU) In response to massive deforestation in the Amazon, then-President Fernando Henrique Cardoso sought to turn the Forest Code into a central tool to conserve the Amazon. In 1996 he issued a "Provisory Measure" to amend the Forest Code to raise the legal reserve requirement in the Amazon to 80 percent and in the Cerrado to 35 percent. Opposition from the powerful rural bloc in Congress, however, ensured that this measure was not brought up for a vote. Instead, the Presidency reissued the measure 67 times to keep it in effect, until 2001 when the rules governing Provisory Measures were changed. Today, although the Congress never voted on it, the 2001 Provisory Measure is generally viewed as having the effect of law.
¶4. (SBU) The Government of Brazil (GOB) has not pursued violators of the legal reserve requirement in the Amazon, whether using the 50 percent or the 80 percent standard. It looked as though this was about to change on December 11, 2009. That was the date when legislation on environmental crimes, including possible criminal sanctions and stiff fines for violating the Forest Code, was scheduled to enter into effect. Previously, the government lacked the authority to severely punish violators of the Forest Code's reserve requirement. (REFTEL A)
A REPRIEVE UNTIL AFTER THE NATIONAL ELECTIONS
¶5. (SBU) On December 10, 2009, President Luiz Inacio Lula da Silva signed Presidential Decree number 7029, which postponed the criminal and stiffer penalties for violations of the Forest Code. This new Decree creates the Program Mais Ambiente (or "More Environment") that provides a three year period for all land owners to register their lands with the competent government authority. In order to become legal, the landholder will need to register the size of the legal reserve with appropriate documentation and in case the reserve size is under the 80 percent, the landholder must enter an agreement with the government, committing to correct this problem. To calm the environmental sector, President Lula decided that there will be fines and criminal penalties for those landholders who do not register their holdings under the program and those who are not in compliance with the Forest Code's reserve requirements starting June 11, 2011, giving errant landholders at least an 18 months' reprieve. 6. (SBU) Agriculture Minister Reinhold Stephanes supported the decision by saying that if Presidente Lula hadn't set a new deadline over three million agricultural producers would have become criminals. Out of that total, one million farmers and ranchers would have likely been in a position to lose their land. Environment Minister Carlos Minc sought to make the best of the decision. He stated that "The [Mais Ambiente] Program will help those producers who want to protect the environment to make their property legal. The Program gives a hand to those who want to protect the environment, which is mandatory."
COMMENT. It is no surprise that the government stepped away from turning millions of farmers and ranchers into criminals who could potential lose their land; especially in light of the upcoming October 2010 national elections.
END COMMENT.
¶7. (SBU) The vocal environmental community had foreseen the GOB's lack of support for the Forest Code. Back in October 2009, a group made of fifteen important environmental non-governmental organizations (NGOs) wrote an open letter criticizing the GOB's efforts to make, what they considered one of Brazil's most important environmental legislation, less stringent. These NGOs contended that the Forest Code is not as draconian as painted by the rural lobby. The fines and penalties are supposed to be implemented in a flexible way. For example, sanctions for violations of the Code are to be imposed after a determination that a violation has taken place and the landholder has been officially notified. After notification, a landholder would normally have 180 days to solve any pending issues with the authorities.
(NOTE: As a practical matter, identifying and notifying violators would be a slow process due to the size of the Amazon and the limited staff in the region, as well as the lack of information about particular landholdings. If the GOB becomes serious about penalizing the large number of landholders in violation of the Forest Code, the national government can expect stiff opposition and possibly even violent push back, like those that occurred in the municipality of Tailandia last year after government raids on illegal loggers or in Novo Progresso, where even Brazilian researchers viewed as "snooping" around were run off. END NOTE)
LONG TERM SOLUTION NEEDED 8. (SBU) President Lula's postponement of the implementation of criminal penalties and fines for violation of the legal reserve only defers this controversial issue, but does not solve it. Currently, there are about thirty proposals in Congress to modify the Forest Code, most of which call for changing the legal reserve requirement. The National Agriculture Confederation (CNA) told Post that while they support efforts to reduce deforestation, they view the current 80 percent requirement as unworkable. There are a number of proposals to return the requirement to 50 percent, which would make it possible for large numbers of ranchers and farmers who couldn't economically sustain themselves at the 80 percent level to comply with the law. Environmental groups in Brazil are divided on this step too. Greenpeace calls reducing the requirement a sell-out, but Friends of the Earth consider it a pragmatic and constructive step. The head of the Special Commission in the Chamber of Deputies looking at amending the Forest Code, Aldo Rebelo (Communist Party-Sao Paulo), wants to bring the proposed amendments to a vote in April, including one heavily criticized by environmentalists that would allow each state to establish the applicable legal reserve. In a recent press interview, Rebelo complained that the GOB through the 2001 Provisory Measure the GOB had "altered the [1965 Forest Code] without listening to anyone."
¶9. (SBU) While the dispute over the 80 percent legal reserve requirement continues, a couple of practical solutions are coming into play. The Forest Code provides (Article 16) that an Economic-Ecological Zoning (ZEE) can reduce the legal reserve to 50 percent. The small western Amazonian state of Acre has a ZEE in place and is taking advantage of this option. Unfortunately, this is not a solution for the whole region because of the lack of ZEEs (it is an extremely complex and long study) and, as a political matter, the government doesn't want to use this exception to throw out the 80 percent requirement on a wholesale basis. Another possible solution is being pursued by The Nature Conservancy (TNC), which seeks to work with landowners to satisfy the 80 percent requirement by using compensatory land tracts. The concept is that the landholder instead of meeting the 80 percent requirement with its land would conserve the required amount of forests on other lands in the biome. This theoretically could work, but needs further development and approval by the government.
MEANWHILE - REGISTERING TITLE
¶10. (SBU) While it remains an open question of when, if ever, and in what form the Forest Code will be enforced, Brazil is pursuing less controversial measures that may have a far greater impact on deforestation. These include establishing large protected areas and indigenous reserves, increasing law enforcement efforts against illegal land grabs, and cutting off financial credits for areas responsible for large amounts of deforestation. Moreover, the national and state governments have sought to clarify the murky question of land title in the Amazon. In a January 2010 presentation, the World Bank estimated that 85 percent of the land occupied by private interests (which is about 30 percent of the total) lacks documentation or are based on suspicious or fraudulent title documents. The government last year passed a law (REFTEL B) that creates a path for clear title for small parcels of land in the Amazon region. Further, by tying financial credits to a municipality's registration of land titles, the national government is giving an incentive for resolving the ownership question. For example, the municipality of Paragominas - previously one of the more prolific deforesters - should meet the registration requirement in a few months and its mayor has called for zero deforestation. Preliminary information suggests that when landholders obtain clear title they begin to behave more responsibly and reduce the rate of deforestation.
¶11. (SBU) COMMENT: The Forest Code's 80 percent legal reserve requirement in the Amazon Forest has generated much heated debate in Brazil since its proposal in 1996. Never having been implemented, it has served principally as a point of dispute between the agriculture and environmental communities, while others less controversial policies have been effective at reducing the deforestation rate in the Amazon. Since coming into office, the Lula Administration has overseen a decline in the rate of deforestation in the Amazon from 21.5 thousand square kilometers in 2002 to 7.0 thousand last year. If the deforestation rate continues to drop, then the environmentalist community may be willing to show more flexibility about a pragmatic compromise on the Forest Code when the issue comes up again in 2011. END COMMENT. SHANNON SHANNON