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Using the law to improve forest governance Case studies from C&W Africa and the EU

Using the law to improve forest governance Case studies from C&W Africa and the EU

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Using the law to improve forest governance Case studies from C&W Africa and the EU

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  1. Using the law to improve forest governance Case studies from C&W Africa and the EU 11 October, 2018

  2. Contents Forests From the EU - usinglaw Benefit sharing Forest conversion Illegallogging

  3. Why forests • From the EU – using law

  4. Why forests • 1.6 billion people worldwide depend on forests • +/- 10% of greenhouse gas emissions caused by forest destruction • 80% of the world’s terrestrial species live in forests • Use of natural resources (including timber) used to fuel conflict • Lost revenue from illegal logging estimated at £23 billion every year • Competing demands for land (including forests) are increasing

  5. From the EU – using law • Illegal logging was historically the main driver of deforestation • 50-70% of tropical deforestation now from conversion for agriculture • Half of which is driven by overseas demand for ag commodities • Exports worth +/- US$61 billion • Weak forest governance + existing market regulation = current situation • Increasing demand for land for natural resource production, climate objectives, and economic development – nationally and internationally • Use law to strengthen forest governance and market regulation

  6. LegalWorking Group in Ghana, February 2017

  7. Ivory Coast Consultation with civil society and village chiefs in Guiglo

  8. 3. Benefit Sharing

  9. Benefit sharing • A right to share in the benefits derived from the use of land • Linked with ownership of the resources that generate the benefits – ownership or use rights • Responsibility can sit with the state and/or private organisations • Proportion of the company’s profits from the concession – or – a percentage of the product harvested

  10. Benefit sharing • Disbursed through a community development fund – or through a government institution • While the right to derive a benefit may exist on paper – making that work in practice is a different challenge • Need for clarity for companies – and to ensure that forest communities can derive an appropriate benefit

  11. Legal Working Group meeting - Liberia Examples (A)

  12. Benefit sharing • Liberia - • Companies must pay land rent to communities by entering into social agreements • LWG produced guidance with the National Union of Community Forest Development Committees • Outline of legal framework • Standard terms • Template agreement • Gabon – • Forest Code 2001 outlines benefit sharing – but not how to agree them • LWG develops key components for an implementing decree • 2014 – Ministry of Forestry passes a legal text • Technical guidance agreed by LWG and used to inform agreements • Ministry of Forests endorses the Guide

  13. 4. Forest conversion

  14. Forest conversion • Numerous voluntary, non-legally binding, commitments exist, e.g. • Consumer Goods Forum – zero net deforestation by 2020 • Amsterdam Declaratoin – support private and public initiatives to halt deforestation by 2020 • New York Declaration on Forests – halve deforestation by 2020. End it by 2030 • Practical challenge to achieve them – lack of clear governance framework • IPCC Special Report (Oct 2018) – global emissions decline “well before 2030” • Unintended consequences?

  15. Conversion of forests

  16. Forest conversion • Legal frameworks to govern forest conversion are crucial – and complex. • Need to determine – what is allowed – what is forbidden – what conditions must be followed to clear forest land. • Involves: • Land allocation • Effective permits • How is timber commercialised • Protection of the environment • Recognition of communities’ rights

  17. Conversion of forests

  18. 5. Illegal logging

  19. Illegal logging • EU law to prevent trade of illegal timber – EU Timber Regulation • Came into force – 2013 • Complementary legislation in USA, Australia – potentially beyond • CE’s work – information, implementation, enforcement • With regulators, civil society and private sector – in the EU and internationally

  20. Illegal logging

  21. Illegal logging • What is illegal logging? • If a benefit sharing agreement has not been respected? • If the timber comes from unregulated forest conversion? • Opportunity to recognise risks arising from unclear forest governance frameworks • Recognise similar issues with enforcement/implementation in the EU/internationally

  22. Questions?