Rethinking Forest Regulations

Reflections on global experiences

Rethinking Liberia’s Forests: Implementing the New Vision

Roundtable conference in Paynesville Town Hall6-7 October 2015

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Why “Rethink” Regulations?

Are the traditional approaches to forest regulation working?• Decades of effort, tens of billions USD• ITTO member countries (85% of tropical

forest)…only 7% under SFM in 2010• FRA 2015 (FAO) annual rates

semi-/tropical forest loss unchanged during 2010-15 as compared to 2005-10.

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Why “Rethink” Regulations?

1) Forestry’s record disappointing in many places, undermining governance & development potential:o Continuing deforestation & degradationo Widespread illegal logging & trade of illegal productso Corruption & conflict

2) Regulatory frameworks structurally flawed & obsolete:o Top-down, complex, command-and-control structureso Unrealistic relative to institutional capacity & budgeto If do not respect customary or statutory land, civil or political

rights, are perceived as unjust and lead to resistance.

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Why “Rethink” Regulations?

3) Forestry highly regulated (over-regulated?) sector:o Management plans detailed, costly & difficult to develop, implement

&monitor/enforce; harvest regulations very prescriptive

o Other sectors less regulated (e.g., ag & mining)…easier to convert land rather than manage sustainably for forestry

4) Perverse outcomes and unintended consequences:o Diminished respect for law, judicial systems & forest sector

institutionso Obstacles to local peoples pursuit of sustainable livelihoodso Favors entrenched economic & political interestso Impose burdens & costs beyond the capacity of governments to

finance thru public budgets and/or collection of forest charges & fees

5Reasons for Failure?

1) Where true purpose or driving interest not SFM…raise revenue, control of land (govt. and/or vested interests), etc.

2) Where contradictions & inconsistencies between sectoral laws, policies & regs…between mining, ag, forestry & protected areas

3) Where regulations unrealistic…too cumbersome, costly, or difficult to implement

4) Where regulations inconsistent with property rights

5) Where lacking institutional capacity to monitor & enforce

6) Where focus is "enforcement"

6National & International

Responses to Failureo Logging bans (e.g. Asia)o Concessioning arrangements (e.g., Latin America)o Lacey Act (USA), VPA (EU)o FLEGT – using trade to improve forest governanceo REDD – global effort to stop deforestation

Of course, regulations (or lack thereof) in other sectors negatively affect forests (e.g. agriculture, mining)

7Why do we regulate forests?

Relationship Between the

StateAnd its Citizens Over Rights To Use Their

Forests

Government:• Central/

Federal• Provincial/

State• Local

• Individuals• Groups

w/special rights (e.g., Indigenous& traditional communities )

• Public

• Access (to forest & forest resources)

• Duration (permanence)• Exclusion (refuse

access/use to others)• Management• Alienation (transfer

rights to others)• Use/Exploitation (for

subsistence & commercial)• Due Process &

Compensation (in case of eminent domain)

•Individual/House- holds

•Indigenous or community- owned forests

•State/Local government

•Central/Federal government

(Refers to different types of ownership)

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Emerging New Approaches

Principles For Governments’ Re-Thinking Regulations

Liberian Context

1) Recognize land rightso The foundation & basic building blocks for functional,

effective & efficient system

o If rights ambiguous, regulatory environment ambiguous

o Practical matter: NRM simply not possible without clarity on ownership, rights and responsibilities

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Global Learning2) Durable, sustainable regulatory frameworks are

realized by engaging citizen stakeholders in a permanent, meaningful, collaborative manner.

3) Regulatory frameworks are “whole system”, not simply government’s role…requiring a judicious balance between “bottom-up” and “top down”

4) Different regulatory systems are needed for different property types.

Emerging New Approaches

Principles For Governments’ Re-Thinking Regulations

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Global Learning

5) Effective regulation is pragmatic, outcome-based; processes identify & address the priority, desired public outcomes & designs regulations to address these.

6) Government’s role is limited and specific ― create favorable conditions for all rights holders & do only what no other can do

7) Government must facilitate processes that ensure fairness, accountability & active adaptation.

Emerging New Approaches

Principles For Governments’ Re-Thinking Regulations

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o BMPs vs prescriptive norms for timber harvesting & managemento Independent, non-government monitoring & verification

w/stakeholder participationo Transparency ― forest use, monitoring outcomes, impactso Education & dissemination ― standards, positions, issues, impactso Fostering stakeholder understanding, consensus, ownership ― consultations,

conferences, committees, boards, etc.o Joint management & partnerships between government and non-

governmental organizations

Promising Emerging Tools of Particular Relevance For Liberia & CFM

A Final Thought

WHY?