St. Petersburg Declaration

Transcription

1 DRAFT 20 October 2005 Elements of St. Petersburg Declaration We, the representatives of the Governments from Europe and North Asia, countries from other continents and the European Commission, participating in the Ministerial Conference on Forest Law Enforcement and Governance in St. Petersburg 1. Underlining that countries have the sovereign right to manage and utilize their forest resources to meet their national policy objectives and that forest law enforcement and governance is an internal matter for each country; 2. Recognizing that the forests of Eastern Europe and North Asia (ENA) Region, comprising an estimated 30% of global forest cover, are of global importance and constitute a significant component of the Regional and global life support systems; 3. Deeply aware that in both forest-rich and forest-poor countries in this Region, forests are directly as well as indirectly critical to the livelihoods of about 170 million people, provide a wide range of long-term economic, social, cultural and environmental benefits, and play a vital role in meeting the energy needs of local populations; 4. Emphasizing that timber from this Region, with an estimated value of US$ 25 Billion per annum, constitutes about 20% of the world trade in timber products, and that there is a growing demand for forest products from the Region resulting in increased pressure on the resource base; 5. Deeply concerned that crime in the forest sector, particularly illegal logging, associated trade and corruption is a significant problem in the Region, and is undermining efforts towards sustainable forest management; 6. Recognizing that illegal activities in the forest sector in the Region include unauthorized extraction of fuel wood by the poor, the encroachment of protected forest areas as well wildlife habitat and large scale illegal timber harvesting operations to supply domestic and international markets; 7. Further recognizing that the unauthorized extraction of fuel wood, especially by the rural poor, is often related to lack of access rights and overregulation in a situation where the rural people have little or no alternative sources of affordable energy. 8. Profoundly concerned about the criminal actions, targeted towards forests and forestry, from both within and outside the forest sector, that are having significant negative impacts including: a general weakening of the rule of law; loss of revenue to governments and local livelihoods; the degradation of forest ecosystems, biodiversity and wildlife habitat; increased incidence of forest fires and loss of carbon stocks; and threats to the conservation, management and sustainable development of all types of forests in this Region; 9. Noting that illegal forest-related activities also impact negatively on the contribution of forests towards the achievement of internationally agreed development objectives and goals aimed at enhancing human well-being by reducing poverty and accelerating sustainable economic development and trade; 10. Conscious of the development of market economies, changes in energy supply arrangements and the changing role of public and private sectors in many countries in the Region that bring new challenges for institutions responsible for forest management and often require a review and adjustment of their policy, legal and institutional frameworks; 1

2 11. Recognizing that forest law enforcement and governance issues have local, national, transboundary, regional and global implications. 12. Aware that many countries in the Region have inadequate capacity to enforce their existing forest laws and forest policies and face a challenge to review and update their present legislation and strengthen their institutions and administrative systems which allocate, monitor and control forest resources and forest use; 13. Emphasizing that at the national level, forest law enforcement and governance to combat commercial and poverty driven illegal logging and related activities is a cross-sectoral, complex as well as economically, socially and politically a sensitive issue requiring effective cooperation among many government agencies and members of the civil society including the private sector. 14. Convinced about the urgent need to secure high-level political commitment and support by consumer and producer countries, within and outside the Region, that is critical to combat illegal logging, associated trade and corruption in the Region; 15. And further convinced that cooperation between countries and between their judicial, law enforcement, trade and development authorities is essential to strengthen the effectiveness of forest law enforcement and governance in the Region; 16. Underscoring the urgent need by the countries in this Region to formulate a joint strategy and collective action to combat illegal logging, associated trade and corruption and to ensure an adequate supply of legally harvested wood to meet local demands for energy and to supply domestic and world markets for forest products. 17. Recognizing the significance of linkages among the ENA Region and the other regional forest law enforcement and Governance (FLEG) processes as well as with the international initiatives related to forest policy, in particular the G8 initiative, MDG, UNFF, CBD and WTO, which are critical for a coherent strategy towards the protection and sustainable use of forest resources in the Region. 18. Further recognizing that recent FLEG-related actions by countries in Africa and Asia as well as by multilateral organizations and international institutions, such as the EU, FAO, the World Bank, CIFOR, ITTO, ILO and UNFF are other significant international initiatives aimed to address FLEG and related issues; 19. Conscious of the critical contribution that multinational and the local private sector, the multilateral financial institutions and civil society can make to address the FLEG-related issues; Hereby reaffirm and declare our intention to: 1. Mobilize high-level political commitment and establish Forest Law Enforcement and Governance (FLEG) as an area of national concern within the broader national governance and development agenda; 2. Review and as needed update forest legislation and regulations, harmonize these with legislation and policy on land-use and apply internationally recognized rules and regulations for international trade in forest products; 3. Strengthen inter-agency cooperation as well as human and institutional capacity, particularly among law enforcement authorities; 4. Identify and develop strategies to address the underlying causes of illegal logging, the associated trade and corruption, the unauthorized extraction of wood for local consumption and illegal trade in wildlife as well as the protection of protected forest areas, biodiversity and wildlife habitat; 5. Recognize customary laws and practices including customary rights of forest dependent communities, and encourage and promote the participation of the rural population in the 2

3 management of forests and forest related wildlife resources with the objective of providing for rural socio-economic and cultural development; 6. Engage stakeholders, including the indigenous people, local communities, small forest owners and the private sector, in forest policy formulation and implementation through an open, transparent and inclusive participatory process promoting transparency, reducing corruption, facilitating equity and minimizing undue influence of privileged groups; 7. Develop and implement anti-corruption tools in the forest sector of the Region, including codes of ethics and professional responsibility; 8. Promote the collection and dissemination of transparent information on forest resources and their allocation, in a form readily accessible to the public. Monitor and disclose data on domestic and international trade flows of timber products in order to combat their illegal trade within the countries in the Region; 9. Inform and engage all stakeholders to enhance public awareness on the scope, scale and significance of forest crime and its negative impacts on the forest benefits provided to society; 10. Strengthen regional cooperation for forest law enforcement and timely exchange of information and experience among all countries in the Region as well as with importing countries; 11. Develop effective partnership with the private sector in the Region and in consumer countries, including timber processors, exporters and importers to: combat illegal logging; illegal transport; processing and trade in timber products derived from illegal timber in the region; and to develop and promote legally sourced timber products; 12. Give priority to the most vulnerable border areas, which require coordinated and effective control; 13. Encourage regional cooperation and build capacity in monitoring trade in timber and wildlife ; 14. Integrate within existing mechanisms the systematic monitoring, assessment and reporting of progress on FLEG; 15. Urge relevant international organizations, institutional and other entities, including the World Bank, FAO, ITTO, CBD and UN Convention on Transnational Organized Crime, to support, consistent with their mandates, the implementation of the Indicative Action Plan annexed to this Declaration; 16. Enhance international capacity for monitoring, interpreting and reporting on areas such as trade flows and customs data to support actions to combat illegal logging; 17. Strengthen international cooperation to build national institutional and human capacity as well as to facilitate technology transfer and information sharing to combat illegal logging; 18. Disseminate information on the legality of the products including certification systems to promote marketing of legal timber in consumer countries; 19. Cooperate with civil society to inform domestic and foreign consumers of the problems caused by illegal logging, associated corruption and trade. 20. Endorse the Indicative Action Plan annexed to this declaration which sets the framework of possible actions by Governments and civil society, including the private sector, to implement the intentions expressed in this Declaration; 21. Invite other countries to endorse the Indicative Action Plan associated with this Declaration and to support its implementation. 3

4 22. DRAFT 20 October 2005 Europe and North Asia Forest Law Enforcement and Governance Ministerial Process Indicative Action Plan (IAP) for the implementation of the St. Petersburg Declaration 1 National Level (i) Political commitment and National Plan of Action Mobilize high-level political commitment to endorse the commitments made in the Ministerial Declaration and the present Indicative Action Plan to implement the Declaration (within 6 months after the St. Petersburg Declaration). Formulate and implement a time bound National Plan of Action that is integrated in the national forest policy framework and comprises clearly defined targets, activities and indicators of success to address the issues identified in the Declaration (within 12 months after the St. Petersburg Declaration) Establish a national mechanism for effective interagency, cross-sectoral and multistakeholder cooperation to develop and implement the Action Plan in a structured and transparent manner (within 12 months after the St. Petersburg Declaration). Periodically report nationally on progress according to agreed targets and indicators (annually). Based on the agreed targets and indicators, implement a baseline assessment and launch an independent multi-stakeholder monitoring system so that the first assessment will be available in 2007 for the next Ministerial meeting to be held for evaluating the effectiveness of the Action Plan (within 18 months after the St. Petersburg Declaration). (ii) Legislation System Develop a common understanding of the concepts, definitions and terms related to FLEG among various stakeholders (within 12 months after the St. Petersburg Declaration) Review and update, as appropriate, the forest law and related legislation to combat illegal logging and corruption and build, as necessary, appropriate capacity to effectively implement and enforce such legislation. Consider, in this respect, the risks of perverse incentives by raising too much the costs of legal forest products; and the need to ensure access of rural populations, especially the rural poor, to basic forest products, such as fuel wood. (within 36 months after the St. Petersburg Declaration). 4

5 Promote well-defined and full recognition of property and resource rights, in particular private rights, through the provision and communication of: Clear requirements and obligations for land tenure and use rights Clear and unambiguous legal definitions and regulations covering forest resources and forestry practices Open and transparent processes for allocating and pricing harvesting rights. (within 36 months after the St. Petersburg Declaration) (iii) Institutions and Capacity Building Promote the use of the nationally established harmonized customs commodity codes to facilitate monitoring flow of wood and forest products trade (within 24 months after the St. Petersburg Declaration). Establish open and transparent data base on domestic and international trade in wood and forest products to monitor and report progress (within 24 months after the St. Petersburg Declaration. Support the collection and dissemination of information in a form readily accessible to the public on management of parks, protected areas, forest concessions and other forest areas (within 24 months after the St. Petersburg Declaration). Provide enhanced opportunities for forest stakeholders, including the private sector as well as the environmental, social and development NGOs and the indigenous people organizations, to raise public awareness on the significance of forest crimes and to participate in the formulation and implementation of public policies related to forest management and law enforcement (within 24 months after the St. Petersburg Declaration). Strengthen institutional mechanisms and support the monitoring, assessment and reporting of progress with the participation of representatives of various stakeholder groups including civil society and, private sector (within 12 months after the St. Petersburg Declaration). (iv) Sustainable Management, Conservation and Utilization of Forests Provide information on regulations governing the allocation of forest resources and sustainable management of forests to all forest-related stakeholders (within 12 months after the St. Petersburg Declaration). Assign high priority to control illegal logging and wildlife poaching and to strengthen law enforcement in legally protected forest areas (within 12 months after the St. Petersburg Declaration) Create enabling conditions for the use of a tool box relating to sustainable forest management and forest use, that permit flexible, cost effective solutions, including : Responsible purchasing of wood by private and public sector Environmental Management Systems and forest management guidelines and plans according to the respective forest types Traceability /tracking systems, including GIS surveys and third party verification through EMS; Chain of custody certification for selected sources; 5

6 Codes of conduct applicable to producers and purchasers; Certification systems for sustainable forest management (within 24 months after the St. Petersburg Declaration). Monitor and assess forest resources and operations in forests and make information readily available to the public in a timely and accessible format (within 24 months after the St. Petersburg Declaration) Evaluate the adequacy of funding and management of state forest enterprises, and as needed identify ways to strengthen the sustainable management of state forests (within 12 months after the St. Petersburg Declaration.) Ensure that there is adequate support and effective management of protected forest areas, forest biodiversity and of non-state forests (within 12 months after the St. Petersburg Declaration). (v) Rural Development, Livelihoods and Poverty Alleviation In collaboration with broader rural development efforts; identify, promote and finance better alternative economic opportunities for forest dependent communities so as to reduce illegal forest-related activities and to lessen the pressure on forest ecosystems. This may include: Investment promotion and alternative employment and income creation, Development of forest based and alternative sources of energy, Payment schemes for environmental services to benefit rural populations (within 24 months after the St. Petersburg Declaration) 2 Regional Level (i) Trade and customs Promote the use of the internationally established harmonized customs commodity codes to facilitate monitoring flow of wood and forest products trade (within 24 months after the St. Petersburg Declaration). Identify the most vulnerable transboundary areas in relation to illegal timber trade and cooperation on ways to reduce their vulnerability to cross border trade in illegally harvested forest products, among other activities through: Customs law enforcement; Timber tracking systems along the chain of custody; New or improved public databases on cross-border trade. (within 18 months after the St. Petersburg Declaration) (ii) Share Information and Expertise Strengthen existing or establish new regional institutional mechanisms for coordinating actions to combat illegal logging and transboundary illegal trade, for example through a regional taskforce or platform for sharing information and experience and for reporting 6

7 progress on implementation of the St Petersburg Declaration and Indicative Action Plan (within 24 months after the St. Petersburg Declaration). 3 International Level (i) Forest-related Policies Advocate the integration of elements of the Ministerial Declaration into other international forest policy initiatives, in particular in the on-going international initiatives such as G8, MDG, C&I harmonization processes, UNFF and WTO (within 12 months after the St. Petersburg Declaration) (ii) Trade and customs Facilitate the gathering, synthesis and sharing of import/export data on wood and forest products and their integration into international open databases (for example from FAO, ITTO) (within 24 months after the St. Petersburg Declaration) (iii) Research Support multidisciplinary research on the main causes of illegal logging and associated corruption (within 36 months after the St. Petersburg Declaration). (iv) Implementation Mechanisms ENA-FLEG countries: Seek cooperation and support towards the implementation and monitoring of the Indicative Action Plan, and of the consecutively developed regional and/or national strategies or action plans, from multilateral organizations including the World Bank, FAO, ITTO, CIFOR, MCPFE as well as the European Community and bilateral donor agencies (within 12 months after the St. Petersburg Declaration). Establish collaboration with the UN Convention on Transnational Organized Crime and other relevant multilateral mechanisms to support the implementation of the Indicative Action Plan and the regional and/or national strategies or action plans (within 24 months after the St. Petersburg Declaration). Cooperating countries signing the St. Petersburg Declaration: Support producer countries in their efforts to enhance transparency and access to information, to facilitate exchange of information between public and private sector and financing institutions on illegal financial transaction related to illegal logging and associated trade (within 24 months after the St. Petersburg Declaration) Cooperate with interested countries in the implementation of their regional and/or national strategies or action plans, including the provision of training to forest law enforcement officials, customs officials, prosecutors and for representatives of the private sector and of the civil society in order to build capacity to apply tools to monitor forest activities and conditions (within 24 months after the St. Petersburg Declaration). Reduce the imports of illegally logged wood through implementation of responsible purchasing policies of wood by the public and private sector (within 24 months after the St. Petersburg Declaration). // e / e n n 7