SOMMAIRE CORPORATE SOCIAL RESPONSIBILITY SECTOR POLICY PALM OIL. Preamble... 2

Transcription

1 CORPORATE SOCIAL RESPONSIBILITY SECTOR POLICY PALM OIL SOMMAIRE Preamble Sector Policy... 3 a) Objective...3 b) Scope...3 c) Context and limits of the policy...3 d) Group-level implementation mechanisms...4 e) Financial Products and Services...5 f) Asset Management...5 g) Policy disclosure and follow-up...5 h) Disclaimer Sector Glossary Annex Material CSR Issues of the Sector... 8 P.1/9

2 Preamble As part of its commitment to corporate social responsibility, BNP Paribas has developed a consistent policy regarding its financial services and asset management activities for the palm oil industry. Development of palm oil plantations can have several adverse impacts on local communities, climate change and ecosystems. However, the environmental and social issues in the palm oil sector mainly depend on the way palm oil is produced and milled. Responsible palm oil can indeed limit these impacts. By contrast, palm production is a major source of income and provides a livelihood to millions of people in developing countries. It also serves as an important source of nutrition for families in many countries worldwide. 1 Responsible players and sustainability practices exist, and as a global financial institution BNP Paribas is convinced that they should be supported. Such an approach can bring long-term benefits to its customers and to the society at large. Several initiatives have indeed been launched in order to raise awareness and to mitigate environmental and social issues of palm oil production, the most prominent one being the Roundtable on Sustainable Palm Oil (RSPO). The RSPO was established in 2004, at the initiative of palm producers, agri-businesses, end users and NGOs. In 2007, the RSPO Executive Board approved a certification protocol that details requirements for applicants and certification bodies and published a set of Principles and Criteria, which is to be revised within five years from their publication date. RSPO certification brings concrete answers to the main CSR issues of the palm oil industry, but one has to take into consideration that it is a long and costly process. By applying RSPO principles, palm oil companies commit themselves to transparency, compliance with applicable laws and regulations, use of appropriate best practices, environmental responsibility and conservation of natural resources and biodiversity, responsible consideration of employees and of individuals and communities affected by growers and mills, and last but not least responsible development of new mills. The RSPO certification of an asset (typically part of a plantation or a mill) implies having set out a time-bound plan to achieve full RSPO certification of all assets. Although it might be further improved in the future, BNP Paribas believes that the RSPO principles are so far the best available sustainability standards in this industry. BNP Paribas is aware that other initiatives are being driven or will come out both at a general level such as the Indonesian government s ISPO, and at company level with sustainable palm oil policies and E&S management plans approved by third parties. BNP Paribas will consider new developments in this sector and might amend this policy to take them into account. Therefore, BNP Paribas will continue, under certain conditions set out in this document, to finance and invest in the palm oil sector as it believes that it can be produced in a sustainable way. 1 IFC Discussion Paper: Key Sustainability Issues in the Palm Oil Sector, P.2/9

3 1. Sector Policy a) Objective This policy defines a set of rules and procedures regarding activities of BNP Paribas Entities. They aim at encouraging palm oil companies to develop production of sustainable palm oil. b) Scope Geographical scope of application: all activities of BNP Paribas Entities worldwide. Concerned palm oil companies: this policy applies to companies directly involved in the upstream or downstream palm oil value chain and for which it represents a significant part of their activities. Upstream companies refer to palm oil plantations and mills, whereas downstream companies refer to refiners and traders. Other companies further down the value chain (ingredients and products manufacturers and retailers) are not in the scope of such policy. Concerned financial products & services: this policy applies to all activities of BNP Paribas (lending, debt and equity capital markets, guarantees and advisory work, etc.). It covers all new clients and new financing agreements. Financing agreements that predate this policy will be reviewed accordingly upon their renewal or as they are due for review. BNP Paribas commits itself to promote the set of rules encompasses in this policy in any joint venture or outsourcing agreement. Scope for asset management: this policy applies to all BNP Paribas entities managing proprietary assets. BNP Paribas entities managing third-party assets (with the exception of index-linked products) reflect this policy and develop standards adapted to their businesses which will exclude any stock or issuer that do not comply with their standards. External asset managers are actively monitored and strongly encouraged to implement similar standards. c) Context and limits of the policy BNP Paribas encourages palm oil companies to move towards higher standards of sustainable development. BNP Paribas believes RSPO is currently the best available set of criteria for sustainability in this industry and encourages palm oil companies: to become an active member of the RSPO (or any equivalent industry initiative that may emerge); in the case of producers, to have their plantations RSPO certified or certified based on a standard acceptable to BNP Paribas, or to design and implement action plans to have the palm plantations certified by the end of 2015; in the case of palm oil mills, traders and refiners, to set up policies requiring that their suppliers (i) become RSPO certified by the end of 2015 as well as (ii) encourage the traceability of sources of palm oil supply. P.3/9

4 BNP Paribas requires that upstream palm oil companies comply with existing social and environmental laws, at a local or state/provincial level, as well as with international regulations ratified by their operating countries. These include Convention on International Trade in Endangered Species of Wild Fauna and Flora, Convention on Biological Diversity, International Labor Organization Convention 169 Concerning Indigenous & Tribal Peoples in Independent Countries, ILO Conventions on Forced Labour and Worst Forms of Child Labour. To contribute to ensure basic social requirements are met and to limit negative impacts on climate change and biodiversity, BNP Paribas requires that upstream palm oil companies: Do not use child 2 or forced labour manpower; Will not develop a new plantation on lands previously owned or occupied by local communities without having (and in line with the RSPO principles and criteria): conducted a proper consultation process, achieved an acceptable compensation arrangement, and implemented an acceptable grievance mechanism. Do not convert UNESCO World Heritage Sites into palm plantations; Do not convert Wetlands on the Ramsar list into palm plantations; Do not convert existing High Conservation Value forests (HCVF) into new plantations. In case a client s plantation is located on land formerly occupied by HCVF, the clearing must have occurred more than 10 years ago, and the client shall certify (and to the extent feasible demonstrate) that it is not responsible directly or indirectly for such conversion; Have a no-burn policy, in line with the recommendations of the ASEAN policy on zero burning or other regional best practice; Have clear and stringent peat land management procedures in place for any new plantation development. d) Group-level implementation mechanisms BNP Paribas is aware that the process of implementing sustainable management standards and practices is challenging for palm companies and takes time. BNP Paribas aims at implementing the policy consistently across financial products & services and asset management. As necessary, BNP Paribas will seek an expert advice to carry out the analysis required. This information will be discussed with palm oil companies. BNP Paribas will ultimately decide whether or not to provide financial products and services and/or to invest. In case of insufficient or conflicting information, a dedicated committee or the BNP Paribas General Management Committee will be consulted. Operational tools and awareness workshops will be rolled out to ensure that Group s staff is able to implement this CSR sector policy. 2 As defined under the criteria 6.7 of the RSPO. P.4/9

5 e) Financial Products and Services The information related to the above requirements will be obtained from the palm oil clients by BNP Paribas client relationship managers. Where appropriate, the palm oil company information will be reflected in the loan agreement (or any other applicable agreement) by way of ongoing representations and warranties (or any other form of applicable declaration). BNP Paribas reserves the right to carry out further due diligence as it deems necessary. If BNP Paribas becomes aware that the statement or information provided by the client is incorrect or that a client operates outside the requirements of the policy, this will constitute a default under the agreement. If no acceptable solution is found with the client to improve the situation in a timely manner, a dedicated committee or the BNP Paribas General Management could decide to terminate the business relationship. f) Asset Management Regarding asset management and in order to respect its duty to manage independently clients assets; specific implementation mechanisms should be put in place by the implicated Entities. g) Policy disclosure and follow-up BNP Paribas stakeholders will be informed of the existence and the content of this policy. Such policy will be posted on BNP Paribas website. Furthermore a copy will be systematically provided to our clients and potential clients as part of the due diligence process or upon discussion of any financial services to be provided subsequent to the official release date of this policy. BNP Paribas will review this policy regularly and in the light of the prevailing circumstances it may update it to make sure it is in continued alliance with national and international regulations and best practices. BNP Paribas welcomes any constructive feedback and comments on this policy. h) Disclaimer In order to comply with regulations and to implement the principles defined in its internal procedures and sector policies, BNP Paribas does its best to gather information, particularly from palm oil companies, on their sustainability policies and practices. BNP Paribas bases itself on the information gathered from palm oil companies and its partners. However, it is dependent on the quality, accuracy and up-to-datedness of information. P.5/9

6 2. Sector Glossary The following definitions apply in this policy: Local community: broad group of people living in or near a forest or plantation, with significant level of dependence on it. The term includes forest dwellers, indigenous forest-adjacent populations and recent immigrants. (Source: IFC Operational Policy on Forestry) ASEAN no burn policy: In response to the land and forest fires that affected the ASEAN region in 1997/98, the ASEAN Environment Ministers agreed to adopt the policy on zero burning at the 6th ASEAN Ministerial Meeting on Haze in April 1999, and to promote its application by plantations in the region. The guidelines for the implementation of this policy have been developed to provide advice to plantation owners, managers, supervisory staff and contractors on the application of the zero burning technique for development of oil palm plantations. 3 UNESCO World Heritage areas: Designated cultural and natural heritage areas around the world that are considered of outstanding value to humanity and which are listed under the World Heritage Convention Peat land: Wetland in which substantial peat accumulation--at least one foot (30 cm)--has taken place 4. The peatland substrate is in reality an organic structure built by biological activity. Ramsar sites: Sites containing representative, rare or unique wetland types and Sites of international importance for conserving biological diversity listed in the Convention on Wetlands adopted in Ramsar, Iran in 1971 (Ramsar convention). High Conservation Value Forests (HCVF): are defined as follows (from the Forest Stewardship Council, reported in the RSPO Principles and Criteria): Forest areas containing globally, regionally or nationally significant concentrations of biodiversity values (e.g. endemism, endangered species); Forest areas containing globally, regionally or nationally significant large landscape level forests, contained within, or containing the management unit, where viable populations of most if not all naturally occurring species exist in natural patterns of distribution and abundance; Forest areas that are in or contain rare, threatened or endangered ecosystems; Forest areas that provide basic services of nature in critical situations (e.g. watershed protection, erosion control); Forest areas fundamental to meeting basic needs of local communities (e.g. subsistence, health); Forest areas critical to local communities traditional cultural identity (areas of cultural, ecological, economic or religious significance identified in cooperation with such local communities) Charman, D Peatlands and environmental change. J. Wiley & Sons, London & New York, p. 301 P.6/9

7 RSPO Principles and Criteria (2007) Each of the following 8 principles are declined into a series of [40] criteria. More information is available on: Principle 1: Commitment to transparency Principle 2: Compliance with applicable laws and regulations Principle 3: Commitment to long-term economic and financial viability Principle 4: Use of appropriate best practices by growers and millers Principle 5: Environmental responsibility and conservation of natural resources and biodiversity Principle 6: Responsible consideration of employees and of individuals and communities affected by growers and mills Principle 7: Responsible development of new plantings Principle 8: Commitment to continuous improvement in key areas of activity P.7/9

8 3. Annex Material CSR Issues of the Sector With 45 million metric tons produced in 2009, crude palm oil accounts for about one-third of the world s total vegetable oil market. Used in a wide range of food, cleaning, personal healthcare products, and also for biodiesel production, its market share is still increasing. Due to the climatic conditions required for palm trees growth, plantations are mostly concentrated in tropical areas around the equator. Malaysia and Indonesia alone account for more than 85% of global palm oil production, followed by Thailand, Nigeria and Colombia. Consumption is mainly driven by India, China, and the European Union. Development of palm oil plantations can have several adverse impacts on the environment and local communities. However, the environmental and social issues in the palm oil sector mainly depend on the way palm oil is produced and milled. Responsible palm oil can indeed limit these impacts. Communities: Abusive firing to clear land for plantation as well as massive use of pesticides and fertilizers, have major consequences on human beings. Drinking and bathing waters are being contaminated by the pesticides and palm oil mill effluents. Plantations can thus negatively affect communities depending on these water sources as well as on the forest to live. Moreover, land acquisitions and changes in the land nature often threaten local communities, which rarely have formal property rights on the forests they live in. Failures to follow the proper land acquisition procedures or lack of information and consultation of local communities during the clearing of community lands have led to disputes and land right conflicts. By contrast, palm production is a major source of income and provides a livelihood to millions of people in developing countries. It is estimated that about 40% of palm oil is produced by smallholders. Many countries rely on palm oil for their rural development and their export growth. It also serves as an important source of nutrition for families in many countries worldwide. 5 Climate change: Forest conversion into plantations contributes to global warming. It is estimated that deforestation is responsible for around one-fifth of all human induced greenhouse gas (GHG) emissions. 6 A non negligible part of oil palm expansion in Malaysia and Indonesia has been demonstrated to occur mainly at the expense of forest cover. Moreover peatland drainage for the purpose of oil palm plantations development is responsible for significant CO2 emissions, as the carbon matter stored in peat is exposed to the atmosphere. Degraded peat lands are also more prone to fire. Reducing deforestation and preserving intact tropical forests can bring near-term and cost-effective reductions in GHG emissions. Ecosystems and land use: Primary forests are home to about two thirds of world vegetal and animal species. For many years, ecosystems with high conservation value have been cleared to leave space to plantations. It resulted in the destruction of natural critical habitats containing rare and endangered species that were squeezed into increasingly isolated fragments of natural habitat. Nevertheless, the protection of natural forests can preserve habitats and biological diversity, reduce soil erosion and mitigate flooding. Moreover, palm is the most productive oil, P.8/9

9 representing approximately one third of global oil production worldwide, using 5% of the world s production space. Replacing it systematically by other types of oil would mean a significant increase in global land use for oil production. P.9/9