An NGO perspective on the FLEGT Action Plan: Priorities for a review

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An NGO perspective on the FLEGT Action Plan: Priorities for a review Chatham House 23 rd Illegal Logging Stakeholder Update London - 6 February 2014 Indra Van Gisbergen The campaigning NGO for greater environmental and social justice, with a focus on forests and forest peoples rights in the policies and practices of the EU

The FLEGT Action Plan = effective 1. Decrease of illegal logging by addressing root causes mismanagement and corruption, need to clarify tenure rights WHY? 2. Set the agenda for improving forest governance 3. Unprecedented stakeholder participation creating space for dialogue 4. Effect beyond the forest sector

Concrete achievements D E M A N D Public Procurement Control importation Social and environmental criteria in MS procurement policies (Belgium, Denmark, France, Germany, the Netherlands and the UK) New EU public procurement Directive EU Timber Regulation in force since 1 March 2013 S u p p l y Voluntary Partnership agreements = central plank of Plan 6 VPAs concluded include social dimensions Annex on transparency/access to information in most VPAs VPA = motor for participatory legal reform

Participation = backbone of process as civil society is given a voice Focus on 1 sector leads to tangible results Focus on legality Flexibility led to tailor made VPAs adapted to countries realities Investment in capacity building of stakeholders

Limitations of the FLEGT Action Plan 1. No FLEGT licences yet - process = slow 2. Not enough attention to the financial sector s role controlling illegal logging - Plan mentions explicitly: States, banks, financial institutions and ECAs should ensure risk assessments and due diligence to avoid large scale investment from increasing illegal logging EU Anti-Money Laundering Directives should treat illegal logging as a serious offence. Has not been taken up by EU but Member states could use national legislation such as money laundering and stolen goods to address illegal imports.

Limitations of the FLEGT Action Plan 3. Plan does not address current problems linked to: - Escalating landgrab in VPA countries, specifically in Africa (Gabon, Cameroon, RoC, DRC,. ) - 70%-80% of deforestation in tropics may be for commercial agriculture

Priorities of the FLEGT Action plan Review Clear definition of the review objectives Prepare the next phase of the FLEGT Action Plan which should address the following priorities: 1. Implementation of concluded VPAs: Keep momentum and counter VPA-fatigue Continue to invest in capacity building Support reforms but not push for them to be rushed Focus on monitoring on the ground offer protection of human rights defenders monitoring forest destruction (e.g. Nasako in Cameroon) Address conversion timber 2. Address new concerns (e.g. conversion timber) in VPAs being negotiated

Priorities of the FLEGT Action plan Review Prepare the next phase of the FLEGT Action Plan which should address the following priorities: 3. Rigorous implementation of the EUTR as it could otherwise undermine VPAs considerably 4. Implementation of the EU s call to halt global forest cover loss by 2030 and reduce tropical deforestation by at least 50% by 2020 Follow up EU Forest Footprint study (2008) 5. Financial due diligence - Assess why this component of the Plan has made little progress over the last 10 years - Include forestry sector and other sectors impacting on forests in financial regulations currently under discussion (DG Markt)

Priorities of the FLEGT Action plan Review Capitalise on best practices: Participatory approach, governance and legality focus Export lessons learned from FLEGT to other processes and other commodities (notably palm oil and rubber) impacting on forests and forest dependant people celebrate successes! Outreach and coordination with other relevant DGs/EEAS to start up a reflection about an EU Action Plan for Demand led Reduction of Agricultural Deforestation which helps the EU to achieve its deforestation targets and the goals of the next FLEGT action plan. Consultation process: involve civil society international and national NGOs

www.fern.org Rue d Edimbourg 26 1000 Bruxelles Belgique t +32 2 894 4693 e indra@fern.org The campaigning NGO for greater environmental and social justice, with a focus on forests and forest peoples rights in the policies and practices of the EU