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How does civil society see the VPA process?
Iola LealFLEGT Training course for EC delegations
Brussels, 16-18 November 2009
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
Bad forest governance is the result of a variety of complex issues.
Any process aiming to successfully reform governance must address
these complexities.
‘The process’ is THE KEY to success
What are we NOT REALLY interested in?
FLEGT - Law enforcementLaws more often than not:•Fail to recognise the rights of local communities•Benefit industrial logging•Do little to promote rural development•Are overlapping and/or contradictory •Regulate industrial operations but miss the codes regulating environmental issues and social benefits•And a long etcetera.
We don’t want to enforce laws that are socially unjust and environmentally unsound
FLEGT – Trade
A carrot, but not an aim!
For civil society FLEGT is about
LE T
F G
Some governance challenges...
1.Improving the regulatory framework (so that policies are not unclear or unjust government)
2.Clarifying land ownership and access rights for local communities
3.Ensuring the effective participation of civil society in policy-making and implementation
4.Strengthening the enforcement capacity
5.Fighting corruption and organised crime
Illegal logging is not a cause, but a symptom of other problems.
To address illegal logging,the real causes need to be
addressed
The process is as important as the outcome
[and arguably more]
• Governance problems ought to be raised (It has to address FLEGT objectives!)
• The final outcome needs to be accepted by all stakeholders (legitimacy and workability)
How do we measure a good FLEGT process?
1.All stakeholders must be included and effort should be made to ensure that the voices of the weakest stakeholders are being heard. NGOs are just as much stakeholders as timber industry and their effective involvement during the negotiations and the implementation of the VPA is essential. Role of delegations:•Ensure that there is political space for civil society to bring up their issues (if needed: create that space!)
What makes a good process?
1. All stakeholders must be included
2. Trust building is essential... And it takes time!
As people build trust in each other, several false starts and turn arounds are expected both between and within different stakeholder groups.
Role of delegations:• Know the interests of the different actors well• Ensure that ‘legitimate’ (national) actors are represented
NOTE - Wise political navigation is recommended!
What makes a good process?
1. All stakeholders must be included
2. Trust building is essential... And it takes time!
3. To be meaningfully involved in discussions stakeholders must be prepared.
The pace of negotiations needs to reflect this need.
Role of delegations (and all of us):• Allow for time needed by stakeholders to prepare• Ensure that there is close coordination between the
different actors and initiatives• Support strategies and thinking to build that capacity
What makes a good process?
Again: Time!
1. All stakeholders must be included
2. Trust building is essential... And it takes time!
3. To be meaningfully involved in discussions stakeholders must be prepared
4. Forestry sector reform (and of its laws) is required
A VPA process that will not address the failures of existing forest governance systems will fail
Role of delegations:• (Whenever relevant) support stakeholders to challenge
established systems
What makes a good process?
Some tips on what works and what doesn’t
• Negotiations must include social and environmental NGOs chosen via self selection process
• Land rights issues are the most sensitive but also the most key
• Negotiations led by the timber trade do not work
• Independent facilitators need to be accepted by all stakeholders
• Strategies for building the capacity of one stakeholder group must be developed together with the stakeholders concerned
• Not engaging stakeholders in defining the modalities of their involvement in the process tends to lead to misunderstandings, frustrations and conflict
Not following the above ends up delaying the pace of negotiations and implementation
26 Rue d’Edimbourg • Brussels
B-1050 • Belgium
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
www.fern.org
m +32 (0)496 20 55 00e [email protected]
Thank you