Make supplementary agreement to improve NCA — Ex-rep
KOTA KINABALU: A supplementary agreement can be made to improve the Nature Conservation Agreement (NCA), suggested former Putatan Member of Parliament Datuk Dr Marcus Mojigoh.
“You don’t have to stop the process of it (the NCA). It can be done by a supplementary agreement,” he said.
Marcus added the implementation of the NCA has been delayed since 2021.
The Sabah State Government signed the NCA on 28 October 2021 with Singapore-based Hoch Standard Pte Ltd, agreeing to implement carbon credit trading at Sabah forest reserve areas, he said in a statement on Sunday
He said that the Sabah Government has appeared to be indecisive due to minor matters.
“I opine that the NCA must be flexible and should not be hindered by minor legal provisions that obstruct efforts to speed up the implementation of NCA,” he said.
Marcus also criticised Legal advisor to the Sabah Government, Tengku Datuk Ahmad Fuad, for the latter’s recent statement on the NCA.
He felt that Fuad’s statement has exacerbated the people’s confusion on the matter.
“I feel urged to express my personal view as an ordinary citizen from the grassroot that Tengku Fuad’s statement was really confusing for us. Why is there no end to the NCA statements made by people who are professionals in the law as well as criticism from some parties?” he said.
Marcus commented on Fuad’s statement that the agreement not conforming with the Sabah Biodiversity Enactment 2000, which required all exploitation of biological resources to be first approved by the director of the Biodiversity Institute and the Biodiversity Council.
Fuad was reported saying that the State Government agreement with Hoch Standard has failed to consider the legal requirements necessary to be obtained from the two bodies that oversee all conservation and sustainable use of natural capital.
“All of the sudden the law concerning biodiversity of biological resources is raised. What does biological diversity resources have anything to do with the implementation of the Carbon Trading-CCT (Carbon Credit Trading)?” asked Marcus.
“Will the implementation of the NCA cause the destruction of all protected species under this law?”
“All these matters are under the respective departments and the forest areas are still under the jurisdiction of the State Forestry Department. For me, this is irrelevant,” he said.
He added that NCA has nothing to do with the Biodiversity Enactment.
“NCA does not destroy protected species under that Enactment,” he said.
He added that the Sabah Attorney General in her opposition text also mentioned two laws, Biodiversity Enactment 2000 and Forest Enactment 1968.
Marcus also commented on Fuad’s statement on ‘Benefit of Sharing Agreement with the natives in Sabah’.
“But if we were to make an agreement with the natives, who would be their representative? Does he mean all of the NGOs (non government organisations)?”
He reminded that the natives and the State are represented by the Chief Minister whose signature was on the agreement.
“They don’t recognise the Chief Minister’s signature?”
“This effort (NCA) will provide a huge contribution to the State Government so that she can solve eight of the 10 poorest areas in Malaysia which are rural districts in Sabah. This is the responsibility of the Sabah State Government,” he said.
At the same time, he also said natives cannot be stopped from entering the areas meant because traditionally, they only need to collect items such as rattans, one or two bamboo trees for the purpose of making ‘bubuh’ (a fish catching device), collecting mushrooms and dried wood for firewood, as well as to go fishing.
“You cannot stop them, particularly since they have resided near the forest areas,” he said.
Marcus also said that he was also confused with Fuad’s statement when the latter claimed to be based on Article 6 of the Paris Agreement.
In an earlier report, Fuad said that the company has been allocated with 600,000ha of protected forest (Class I) for carbon trading under the agreement. It needs to now find other commercial forest areas to carry out restorations or rehabilitation to qualify for carbon trading.
Fuad was also reported saying that the ‘Totally Protected Areas’ are unsuitable for carbon credit generating projects as it was not in line with Article 6 of the Paris Agreement that specified carbon credits could only be generated if the area concerned is under threat of deforestation.
“The opinions of this legal expert is confusing. He alleged that it is guided by Article 6 of the Paris Agreement,” he said.
Marcus stressed that NCA was not aimed for re-afforestation but more towards caring for the natural forests and maintain, without exploitation of certain purposes. Presently, all are dependent on FM (Forest Management) agreements and partly are under the FMU (Forest Management Unit) schemes.
He added that Article 6 of the Paris Agreement under the UNFCCC has 196 member countries that was signed on 22 April 2016 to promote world awareness on addressing and mitigating climate change impacts due to Green House Gases (GHG).
Marcus also queried the due diligence issue expected from Hoch Standard that was mentioned by Fuad in a report and reminded Fuad that the Paris Agreement was only signed in 2016.
“Where can you find bodies or institutions that have implemented the CCT and are experienced? If you know anyone who has done it or are doing it, who and where? Be practical my friend,” he told Fuad.
Marcus said it has been understood that Hoch Standard has the capability and networks with western countries, UN and China, which have the relevant and modern devices.
“Knowing what needs to be implemented without political disturbances, and moreover the State Government’s income will increase without the involvement or financial assistance from the central government or revenues from Sabah,” he said.
“Finally, isn’t this approach the best for the people of Sabah? The income revenue is falling from the sky, without the Sabah Government asking for money from Putrajaya to solve the needs of eight of the most backward and poorest areas in the country,” he said.