The Borneo Post (Sabah)

Make supplement­ary agreement to improve NCA — Ex-rep

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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.

 ?? ?? Datuk Dr Marcus Mojigoh
Datuk Dr Marcus Mojigoh

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