AFRICA FOREST LAW ENFORCEMENT AND GOVERNANCE (AFLEG) YAOUNDÉ, CAMEROON OCTOBER 13-16, 2003

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1 AFRICA FOREST LAW ENFORCEMENT AND GOVERNANCE (AFLEG) YAOUNDÉ, CAMEROON OCTOBER 13-16, 2003 Objective: Designed to fit within the umbrella of the New Partnership for Africa s Development (NEPAD), the AFLEG process aims to galvanize international and multi-stakeholder commitment at high political levels to strengthen capacity for forest law enforcement in Africa, in particular with regard to illegal logging and associated trade. The objective of the AFLEG Declaration and/or Action Plan, a governmental negotiated document, is to: 1. Confirm governmental and other stakeholders will and commitment to address illegal activities in the forest sector and issues of associated trade; 2. Confirm the need for shared responsibility and cooperation between stakeholders to address these issues this will include action and partnerships from producer and consumer governmental programs, donor programs, civil society and the private sector; and 3. Plan a program of action to move these intentions forward. Background: On June 18-20, 2002, the Government of the Republic of Congo hosted the planning meeting of the African Forest Law Enforcement and Governance (AFLEG) process in Brazzaville. The event brought together more than 73 participants from 27 countries, representing gover nments, international organizations, NGOs and the private sector. Building on the commitment expressed by government representatives at the June meeting, the AFLEG process is expected to culminate with a ministerial-level conference October 13-16, 2003 where African governments, consumer and donor governments, NGOs and the private sector will express their intent to intensify support for forest governance and law enforcement in Africa. In order to prepare for the Ministerial meeting, participating governments can prepare by confirm ing internally and with regional partners their commitment to forest governance programs, and working to identify ways in which programs can be developed to move these intentions forward. They can plan their proposed input to the negotiations for the proposed ministerial-level governmental AFLEG Declaration, which will be drafted by authorized governmental experts and endorsed by participating ministers on October 16, The Governments of the Republic of Congo, Cameroon, South Africa and Ghana have indicated their commitment to serve regional leadership roles during the preparation period leading up to the Ministerial. Other stakeholders are encouraged to contact their government s ministry to encourage them to participate in the AFLEG process, provide input to emerging ideas for strengthened forest law enforcement and governance programs, and/or to provide suggestions for consideration in the negotiating sessions of AFLEG Declaration and Action Plan. The World Bank is helping facilitate the AFLEG process. More information can be found at Comments and input should be sent to Ms. Kerstin Canby at the World Bank (kcanby@worldbank.orgor fax ).

2 AFRICA FOREST LAW ENFORCEMENT AND GOVERNANCE (AFLEG) ** AFLEG Declaration and/or Action Plan Negotiating Process Background: On the last morning of the Africa Forest Law Enforcement and Governance Pre- Ministerial Planning Meeting in Brazzaville, Republic of Congo June 18-20, 2002, government delegates met in a closed session to discuss possible elements for a Ministerial Declaration, based on priority issues identified during the previous days of the meeting. 27 countries were involved in this closed session. They identified key themes which could serve as organizing input to an Africa-wide ministerial declaration and action plan for combating illegal activities in the forest sector. These organizing themes were only preliminary ideas based on discussionsheld at the Brazzaville pre-ministerial planning meeting and they do not reflect a consensus. Not all governments which are expected to participate in the October 13-16, 2003 negotiations of the AFLEG Ministerial Declaration and Action Plan were represented at the meeting. The Declaration Drafting Process: At the forthcoming AFLEG Ministerial Conference October 13-16, 2003, the text of the declaration (and possibly an additional action plan) is expected to be negotiated and drafted by authorized governmental representatives and endorsed by participating ministers on October 16, Governmental negotiators will work with a professional facilitators in closed sessions to draft the text of the Declaration and Action Plan. Negotiating parties can prepa re their government s proposed input to the negotiating sessions in the months leading up to the Ministerial Conference, by confirming internally and with regional partners their commitment to forest governance programs, and working to identify ways in which programs can be developed to move these intentions forward. Other stakeholders are encouraged to contact their government s ministry to provide suggestions for consideration. Alternatively, stakeholders can provide suggestions for consideration to the World Bank s AFLEG Coordination Unit ( afleg@worldbank.org). All such suggestions will be compiled and given to negotiating parties for consideration prior to the start of the conference.

3 AFRICA FOREST LAW ENFORCEMENT AND GOVERNANCE (AFLEG) ** Declaration and Action Plan Suggestions for Organizational Themes As Presented by Governmental Representatives June 18-20, 2002 AFLEG Pre -Ministerial Meeting I. Information: Governmental representatives recognized the importance of the use of high quality information related to forest resources, their management and trade. To foster increased information collection and sharing, capacities of public administrations, the private sector, civil society and other entities could be strengthened, and communications, cooperation and transparency between them improved. II. Legislative Reform Government al representatives discussed the need for comprehensive and coherent legislative frameworks, recognising that in many African countries laws relating to forests are poorly adapted to present conditions. This included issues such as coherence with other sectoral laws, attention to traditional laws and land use, protection of the legitimate interests if all sectors of society, decentralization, transparency, the role of public-private partnerships, and the potential for codes of conduct. III. Law Enforcement and Situations of Armed Conflict Governmental participants recognised that armed conflicts have had disastrous impacts on many forest areas in Africa, and that in many cases illegal logging has been a source of funding for conflicts and conflicts have resulted in the destruction of both traditional and modern forest management institutions thus rendering law enforcement impossible. IV. Capacity Building Governmental representatives recognising the need to build capacity for the application of forest laws, by strengthening capacity of all institutions concerned with forests and supporting staff appropriately.

4 ANNEX 1 Government Representatives Summary of June 18-20, 2002 Suggestions for Text of AFLEG Declaration These preliminary suggestions were drafted by governmental delegations to the AFLEG Brazzaville pre-ministerial planning meeting held June 15-18, They do not reflect a consensus. Not all governments which are expected to participate in the October 13-16, 2003 negotiations of the AFLEG Ministerial Declaration and Action Plan were represented at this meeting. Negotiating parties at the October 13-16, 2003 Ministerial Conference will decide whether or not these suggestions will be taken into the final text of the AFLEG Declaration and Action Plan. I. Objective of AFLEG Declaration and/or Action Plan The objective of the AFLEG Declaration and/or Action Plan is to: 1. Confirm governmental and other stakeholders will and commitment to address illegal activities in the forest sector and issues of associated trade; 2. Confirm the need for shared responsibility and cooperation between stakeholders to address these issues this will include action and partnerships from producer and consumer governmental programs, donor programs, civil society and the private sector; and 3. Plan a program of action to move these intentions forward. II. Suggestions for Text Ministerial Declaration and/or Action Plan: ** This list outlines only preliminary ideas based on discussions held at the Brazzaville pre-ministerial planning meeting and they do not reflect a consensus. Not all governments were represented at the meeting, nor was there sufficient time to draft significant text.** Within the following sub-categories, the following draft elements have been proposed to possible consideration at the Ministerial Conference: Information 1. Establishin g data bases on forests and promoting the international sharing of experience and information on forest resources and their management 2. Strengthening the capacities of public administrations, the private sector and civil society to communicate on issues relating to forest law enforcement and respect for land use plans 3. Further developing the role of civil society in ensuring broad participation and transparency in the development and application of forest policies and laws 4. Using the media to raise awareness of the harmful impacts of illegal forest practices 5. Ensuring the full participation of all relevant stakeholders, including local communities, NGOs and the private sector in all decision making in the forest sector thus ensuring equity, reducing the influence of privileged groups and reducing the possibility of corruption

5 6. Undertaking forest resource monitoring and evaluation activities at local, national and international levels using tools such as remote sensing and GIS and guaranteeing stakeholder part icipation in these activities. Further ensuring that information on legal forest boundaries is placed in the public domain Legislative reform: 7. Define framework laws for the forest sector and ensure that these are consistent with laws dealing with the environment and other aspects of rural land use 8. Ensure that traditional and customary laws and the informal laws of rural institutions are taken into account in developing national framework laws 9. Conduct inventories of existing tenure rights and of rights relating to trees, wildlife and land and ensure that they are recognised in national legal frameworks 10. Recognise the need to ensure that the legitimate interests of all sectors of society are taken into account in developing a legal framework for forests and that decentralisation and devolution of responsibility for forests is often desirable 11. Recognise that good law enforcement requires that information on legal questions is freely available, that penalties are applied and that law enforcement institutions are well represented on the ground and are subject to rigorous internal and external control 12. Recognise the potential value of public private partnerships in sustainable forest management and that this may require new legal arrangements for instance to favour collaborative arrangements between governments and local communities and/or the corporate sector 13. Encourage the development of codes of conduct for different groups of actors such as the timber industry, charcoal burners, NGOs etc and promote the wide application of these codes. Law enforcement and situations of armed conflict: 14. All parties to take all possible measures to avoid or stop armed conflicts particularly by cutting off supplies of arms, funds and troops to conflict situations 15. The international community to monitor the movements of and apply sanctions to individuals instigating conflicts 16. Importing countries to declare forest products from conflict areas illegal and to support the work of international organisations and NGOs in detecting illegal forest activities in conflict zones 17. Humanitarian organisations to recognise the role of displaced populations and refugees in causing forest resource degradation and to ensure that camps for these populations are located away from sensitive forest areas, that forest specialists are involved in planning humanitarian activities and that these populations are provided with alternative energy sources and employment in the rehabilitation of degraded areas 18. Organisations charged with post-conflict management to recognise that forest crimes are frequent in such situations and that investments in creating employment in sustainable forest management and rehabilitation of degraded areas may yield valuable social and environmental benefits

6 Capacity Building 19. Strengthen the capacity of all institutions concerned with forests and take measure to ensure that there is an appropriate level of coordination and coherence amongst these institutions in particular by building bridges between forest departments and other natural resources agencies 20. Strengthen specialised national and regional training institutions in all aspects of forest management but with special emphasis on issues related to the application of laws and the promotion of good governance 21. Ensure that appropriate measures are taken to motivate and reward forest law enforcement staff 22. Provide material support for forest law enforcement particularly accommodation, transport and state of the art communications and technologies for detecting and monitoring illegal forest activities 23. Ensure that structural and sectoral adjustment programmes are used to strengthen, and not weaken, forest institutions Potential Associated Measures: 24. Ensure respect for property rights, guarantee the independence of the judiciary and ensure that all law enforcement and customs bodies are sensitised to the need for special efforts to protect forest resources 25. Provide better economic opportunities for people dependent on forest resources so as to lessen the pressure for them to indulge in illegal activities 26. Re-examine policies in the entire rural sector and particularly national land allocation policies and plans to ensure that they are consistent with achieving the objectives for the forest sector and particularly to ensure that there are no perverse subsidies for forest degradation or destruction 27. Give special attention to the need to use trade regulatory bodies to support efforts to discriminate against illicit forest products whilst ensuring free and fair access to markets for legal forest products. The institution of measures for prior notification for shipments of legal forest products could provide a valuable instrument in support of ensuring that all traded forest products come from legal sources Potential Actions: 28. Estab lish a regional task force to follow up on the implementation of this declaration 29. Invite NGOs, forest industries and civil society to form an advisory group to assist the work of this task force 30. Reconvene a Ministerial meeting in 2005 to evaluate progress in eliminating illegal forest activities in the African region 31. Continue to work with the countries that import forest products from Africa and others concerned to conserve Africa s forest resources to strengthen national and international efforts to ens ure that Africa s forest ecosystems are managed legally and sustainably for the benefit of all humanity

7 ANNEX Potential Actions which could be required: 32. Define the sovereign function of the state 33. Define operational responsibilities 34. Adapt decentralisat ion and devolution to the specific conditions of the country 35. Clarify the roles and responsibilities of different actors 36. Define those rights that are given to communities and those given to other actors