IN responding to the World Wide Fund for Nature Malaysia’s (WWF-Malaysia) call for a moratorium on forest clearing in Cameron Highlands, Pahang State Secretary Datuk Seri Muhammad Safian Ismail has been quoted as saying that it was impossible for the authorities to halt forest clearing as it was “beyond the state’s jurisdiction”.
WWF-Malaysia is surprised by this statement.
Article 74 of the Federal Constitution defines the powers of federal and state governments, and refers to Schedule 9 in the Constitution. Land and forest matters fall under the “state list” in Schedule 9, meaning the state government has jurisdiction over land and forest matters.
The state government has the authority to enact laws and formulate policies related to forest and land. As such, it is within the state government’s jurisdiction to impose and enforce a moratorium on forest clearing in Cameron Highlands if it is serious about tackling the problem. The only question is whether the state wants to impose this measure to save the remaining forests in Cameron Highlands to avert worse disasters.
In calling for the re-evaluation in the issuance of temporary occupation licences (TOL) in environmentally sensitive areas, WWF-Malaysia believes that it is within the state government’s powers, without having to amend the National Land Code 1965.
Malaysia has policies, laws, guidelines and recommendations to safeguard its highlands. It is time to act and strictly adhere to them before the situation worsens. There have been proposals to provide TOLs to those who have illegally cleared land in Cameron Highlands. However this move sends the wrong signal; that illegal land clearing can be legalised instead of being penalised and, thus, will not curb this activity but encourage more encroachment into state land and forest reserves. It is time the government acts tough on encroachers to show they are serious in tackling the problem.
Highland forests provide important ecosystem services to people, and destroying them has repercussions, and this is apparent in Cameron Highlands.
The tragedies are classic examples of unsustainable development not addressed adequately.
While state governments are responsible for the economic development of the nation, they are just as responsible to ensure the sustainable management of its natural resources. Intervention at the highest level is needed to ensure that environmentally sensitive areas, including highlands are conserved and sustainably managed.
Datuk Dr Dionysius Sharma, executive director and chief executive officer, WWF-Malaysia