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Forest Law Enforcement

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2003, Africa Ministerial Declaration. Africa Forest Law Enforcement and Governance (AFLEG). Yaounde, Cameroon: October/2003
Abstract: The declaration deals with strengthening of institutional reforms in the forest sector in Africa concerning aspects of good governance. Some of the points the ministers agreed upon are: the mobilisation of financial resources for forest law enforcement, promotion of alternative economic opportunities for communities dependent on forest resources, cooperation between law enforcement agencies, involvement of stakeholders including local communities in decision making in the forestry sector, participation of the rural population in management of forest resources, promotion of transparent information, adaptation of policies in the rural sector, particularly land allocation policies
Keywords: Africa/forest law enforcement/governance/illegal logging/Project - SO140/Verifor Bibliography

2003, East Asia Ministerial Conference. Forest Law Enforcement and Governance. Bali, Indonesia: May/4/2003
Abstract: The conference declaration recognized the need to take immediate action to intensify national, as well as bilateral and regional efforts to address violations of forest law and forest crime, in particular illegal logging, and associated illegal trade and corruption. Some of the activities that the declaration promoted are: exchange of experience and information, cooperation among law enforcement authorities, involvement of stakeholders, and improving economic opportunities for those relying on forest resources, among others. In order to proceed with the implementation of such actions, the declaration called for the creation of a regional task force on forest law enforcement and governance, as well as an advisory group to the regional taskforce
Keywords: corruption/East Asia/forest law enforcement/governance/illegal logging/trade/Verifor Bibliography /Project - SO140

Acosta, R. 2004, Multisectoral forest protection initiatives. Presentation from the Director of Forest Management Bureau of the Department of Environment and Natural Resources (DENR), Philippines
Abstract: The Forest Protection Committees are involved in forest law enforcement activities, promoting sustainable forest management and preventing illegal logging operations in the Philippines. This power point presentation summarizes key elements, such as membership and major roles and functions of the two main forest protection initiatives:

  • The Multisectoral Forest Protection Committees &
  • The Forest Protection Committees in Community-Based Forest Management

Keywords: forest law/forest law enforcement/illegal logging/law enforcement/Philippines/Verifor Bibliography /Project - SO140

Andin, N. A. & Gorospe, N. V. 2003, Forest law enforcement and governance: the Philippine experience , FLEG
Abstract: The document is a review of Philippine Environmental Legislation and is divided in three general topics which are: Public Awareness, Transparency and Participation; Institution and Capacity Building and Local Level Initiatives. Some of the environmental measures that are described briefly in the document are: the Ecogovernance Program, Chains Saw Act, National Law Enforcement Committee, and the Multi-Sectoral Forest Protection Councils
Keywords: forest law enforcement/governance/law enforcement/participation/Philippines/Verifor Bibliography /Project - SO140

Brown, D., Luttrell, C., Casson, A., Crurz, R., & Fomete, T. 2004, Forest law enforcement and governance: the role of independent monitors in the control of forest crime
Abstract: Illegal logging is an issue of major national and international concern. Combating illegal logging depends on effective enforcement operations to ensure compliance and identify forest crime. Independent monitors have an important role in "monitoring the monitors" and verifying legality. This briefing paper examines the part that external agencies can play in supporting this work. Drawing on a number of recent experiences, consideration is given to the way in which independent monitoring might be structured, and some of the issues which need to be borne in mind when decisions are made as to what forms of monitoring to deploy
Keywords: forest law enforcement/governance/illegal logging/independent monitoring/Verifor Bibliography /Project - SO140

Brunner, J., Seyemour, F., Badenoch, N., & Ratner, B. D. 1999, Forest problems and law enforcement in Southeast Asia: the role of local communities
Abstract: In the past, forest legislation has either ignored or barely recognized the customary rights of long- term occupants or indigenous communities. Southeast Asian countries have vested control of the regions forest in the government and their centralized resource management agencies. Nevertheless, there is today undeniable evidence of the States' failure to control deforestation and prevent widespread forest mismanagement by state or private companies. This paper examines the role of local communities in forest law enforcement and highlights the strong evidence that, in partnership with official agencies, communities can prevent and detect forest problems more reliably and at lower cost that the state alone. Nevertheless, building such partnerships implies fundamental changes in the way state authorities perceive and treat those who live in and depend on the forest, as well as significant policy and institutional changes.
Keywords: communities/deforestation/forest law/forest law enforcement/law enforcement/ Southeast Asia/ Verifor Bibliography /Project - SO140

Colchester, M., Boscolo, M., Lescuyer, G., Kill, J., Obidzinsky, K., Sembiring, S., Vargas Rios, M. T., & Wells, A. 2003, Forest law enforcement and rural livelihoods: synthesis report. DFID/ PROFOR/ COFPR
Abstract: In many recent international forums and summits (G-8 Summits, United Nations Forum on Forests, Ministerial Meeting in Bali, International Tropical Timber Council meeting, among others) there has been an emphasis on the need for better forest law enforcement, in order to curb forest loss, capture revenues for national governments and improve governance within the sector. There has been, nevertheless, less interest in the evaluation of the impacts of illegal logging and forest law enforcement policies on rural livelihoods. The main objective of this paper is to look into these two crucial issues. The paper is based on six country case studies in: Cameroon, Indonesia, Canada, Honduras, Nicaragua and Bolivia.
The paper starts by looking into the figures of forest dependant communities in the world, and then proceeds on the analysis of the forestry legal framework of each country, pointing out that customary forest access regimes are usually superimposed by national laws. It looks into the political economy of illegal logging; and describes some previous experiences of forest law enforcement. It finishes with a list of various recommendations on law enforcement initiatives that should contribute effectively to poverty alleviation, identify and correct unfair legal frameworks as well as point to effective law enforcement activities. Some of these are:

  • Adoption of a rights based approach to forest law enforcement
  • Linkage to governance reforms programmes
  • Strengthen linkages to civil society for monitoring and awareness building
  • Assessments of how forest dependant groups use forests and extent to which laws secure such activities.
  • Participation of communities in designing and applying enforcement strategies
  • Simplification of bureaucratic, fiscal, management, planning and legislative requirements.
  • Transparency

Keywords: Bolivia/Cameroon/Canada/communities/forest law enforcement/ governance/Honduras/ illegal logging/Indonesia/Nicaragua/rural livelihoods/Verifor Bibliography /Project - SO140

Contreras-Hermosilla, A. & Vargas Rios, M. T. 2002, Social, environmental and economic dimensions of forest policy reforms in Bolivia , Forest Trends and Centre for International Forestry Research (CIFOR)
Abstract: This paper looks at the experience of designing and implementing policy reforms in the Bolivian forestry sector. It describes the process that led to the adoption of policy reforms, the main features of the policy reform package, as well as a section focusing on the economic, environmental and social dimensions of reform and the lessons that can be derived from the Bolivian experience. Some of the main policy reforms mentioned are:

  • the examination of planning documents (the forest management plan, the annual operations plans, annual and quarterly reports from the raw material processing centres),
  • Use of independent inspecting agents
  • Inspections at anytime by the superintendcy's own initiative or at the request of a third party
  • A flat fee on timber concessions to undermine the discretionary power of corrupt forest officers controlling the implementation of concession contracts.
  • Open auctions on all new concessions contracts
  • Civil society participation, whereby the public can become directly involved in forest law enforcement

Keywords: Bolivia/concessions/corruption/forest law/forest law enforcement/law enforcement/participation/Verifor Bibliography /Project - SO140

Development Alternatives Inc 1998, Institutional analysis. Log monitoring and logging control project. Submitted to: Royal Government of Cambodia, Ministry of Economy and Finance & Ministry of Agriculture, Forestry and Fisheries
Abstract: This appendix describes the existing forest law enforcement framework in Cambodia, relevant laws and regulations and current surveillance, response, and prevention efforts; followed by an analysis of gaps and weaknesses
Keywords: Cambodia/forest law/forest law enforcement/law enforcement/monitoring/Verifor Bibliography /Project - SO140

Global Witness 2002, Forest law enforcement in Cameroon. 1st summary report of the Independent Observer, May - November 2001
Abstract: The project of Independent Observation in support of Forest Law Enforcement in Cameroon was established in May 2001. Its aim is to improve governance and transparency in the forest sector, which has been acknowledged to be seriously affected by corruption and poor practices. The international NGO, Global Witness, was appointed Independent Observer (IO) in May 2002 for up to three years until an international bid takes place to fulfil the post. This is the first major report by Global Witness as the IO, and as such, it gives an overview of the project, its conception, objectives and the progress that has been achieved during the initial six-month transition phase. The document concludes that this initiative is a positive step forward in the fight against corruption and illegal logging. However, the credibility gained, the assumed political will and commitment to transparency, should be contrasted with the lack of action taken against major logging companies. Enforcement remains to be demonstrated by the Government by the application of significant sanctions
Keywords: Cameroon/corruption/forest law/forest law enforcement/governance/illegal logging/law enforcement/Verifor Bibliography /Project - SO140

Global Witness 2003, Forest law enforcement in Cameroon. 2nd summary report of the Independent Observer, December 2001 - June 2003
Abstract: This Report is the second of its kind, since Global Witness was appointed IO and includes an overview of the project of Independent Observation, a progress review of the objectives of the Project, the Independent Observers mandate, and a description of its activities. Its major conclusion is that during the first two years of work the Independent Observer has been able to attain greater access to documentation, has completed 35 field missions documenting in detail major and minor infractions and has published all related reports. This achievement however, has not concluded in the pursuit of these cases to their legal resolution. The issuing of official statements of offence and prosecution for illegal logging has increased since the beginning of the Project, but despite this cases of illegal logging remain unresolved
Keywords: Cameroon/corruption/forest law/forest law enforcement/governance/illegal logging/independent forest monitoring/law enforcement/Verifor Bibliography /Project - SO140

Hirakuri, S. R. 2003, Can law save the forests? Lessons from Finland and Brazil , Centre for International Forestry Research (CIFOR).
Abstract: Forests provide mankind with a wide range of economic, social and environmental benefits. However, the forests are increasingly being threatened by unsustainable logging practices. Rampant deforestation in the tropics and international pressures has led governments of tropical forest countries to take actions to promote forest management of natural forests. However, in most countries forest management has been implemented improperly. Thus, low compliance with existing forest management laws rather than lack of law is often a leading cause of unsustainable forestry practices. This study examines the contrast of Brazil, a low compliance country, with Finland, the most successful country. Focus is given to the Finnish model of forestry law enforcement, concentrating on factors that can be adapted to Brazil and other tropical forest countries. Some specific recommendations have been drawn from this cross-case study. These lessons might be useful for Brazil and other tropical forest countries which are trying to improve their forestry law enforcement system.
Keywords: Brazil/deforestation/Finland/forest law enforcement/forests/law enforcement/Verifor Bibliography /Project - SO140

Kaimowitz, D. 2003, "Forest law enforcement and rural livelihoods", International Forestry Review , vol. 5, no. 3, pp. 199-210.
Abstract: This article points to two aspects of forest law enforcement that tend to be overlooked: i) enforcement of forestry laws do not necessarily contribute to the strengthening or rural livelihoods and ii) legal forest management does not necessarily mean sustainable forest management. The author gives various examples of how the relationship between forest law enforcement and improved rural livelihoods are not as straightforward as would be assumed. Nevertheless, the widespread violation of existing forest laws and regulations does have major negative impacts on forests, livelihoods, public revenues and rule of law; therefore there is a need to do something about it. The author presents some key points for forestry law reform that can curtail the negative effects of illegal logging without affecting rural livelihoods, for example: simplifying administrative and technical requirements, strengthening of local communities, clear and accessible legal mechanisms, transparency of government information among others.
Keywords: forest law enforcement/illegal logging/livelihoods/Verifor Bibliography /Project - SO140

Magrath, W. & Grandalski, R. 2002, Policies, strategies and technologies for forest resource protection" in Applying Reduced Impact Logging to Advance Sustainable Forest Management. International Conference Proceedings 26 February - 1 March. Kiching, Malaysia..:
Abstract: This paper provides a summary of key findings on forest law enforcement in developing countries based in part, on the experiences and papers shared at the Mekong Basin Countries Symposium on forest Law Enforcement held in Phnom Penh, Cambodia on June 1999. It is addressed to those concerned with overall forest policies and with the place of forest law enforcement within them
Keywords: Cambodia/forest law/forest law enforcement/forest policy/Verifor Bibliography /Project - SO140

Royal Institute of International Affairs (RIIA) 2003, UK Government Forest Law Enforcement and Governance Programme, Assessment. Workshop proceedings, Monday 1st of December 2003. RIIA, Chatham House, 10 St James Square, London
Abstract: This document summarized key issues discussed in the UK Government Forest Law Enforcement and Governance Programme Assessment, which had the objective of gathering views on whether the original aims and elements of the programme were still valid after a first year of activities. The discussion was organized into four main groups comprising the following:

  1. Indonesia-UK Memorandum of Understanding (MoU). The main issues discussed were the immediate need for a workable national definition of legality, the impacts of both logging and enforcement on the poor, law enforcement and corruption measures, the need for policy coherence, trade measures, among others. One of the main conclusions was that the MoU's main weakness was its limited geographical reach.
  2. The Regional Forest Law Enforcement and Governance Process (FLEG) - In the debate over the FLEG process the key themes were donor leverage, the vital importance of monitoring and follow up, the lack of political will in producer countries and the need to clarify aims.
  3. Timber industry and private sector initiatives - The main topics were the need for definitions of legality, certification schemes, costs, consumer education, market-based approaches vs. government action and the impact of plantation forestry.
  4. Research Agenda and Systems Development - The main issue was the dialogue around independent monitoring schemes like the work done by Global Witness as well as the experiences by SGS. The key themes were the need for coordination, coherence and cross-referencing of research to create a strategic framework, and using legislation in innovative ways.

Keywords: certification/corruption/FLEG/forest law/forest law enforcement/governance/illegal logging/independent monitoring/Indonesia-UK MoU/law enforcement/ monitoring/ SGS/ trade/ Verifor Bibliography /Project - SO140

Secretariat of the Forest Integrity Network, Landell-Mills, P., Spears, J., & Gupta, A. 2002, Progress toward containment of forest corruption and improved forest governance. An information note prepared for Transparency International's Annual General Meeting
Abstract: This document summarizes some of the initiatives taken recently by various stakeholder groups to combat forest corruption and foster improved forest law enforcement. It recognizes that the containment of forest related corruption can only be done with the participation of various stakeholders including local communities, NGO's, private sector, governments and development agencies and proceeds to give brief descriptions and examples.

  • Local communities: community action in India, Mexico and Tanzania.
  • NGO's: work done by Global Witness, the Nature Conservancy, Forest Trends and Global Forest Watch.
  • Private Industry: Council for Forest and Paper Associations, the World Business Council for Sustainable Development.
  • Governments: Albania, Cambodia, Ecuador, Indonesia, FLEG in Africa and Asia, and the European Commission's Action Plan.
  • Multilateral Banks and Development Agencies: World Bank, FAO, the International Tropical Timber Organization

The document concludes with TI's and FIN's steps to build coalitions to fight forest corruption by:

  1. building up and publicizing data and information on the issue
  2. promoting action plans that include ideas such as: community forestry, integrity pacts for forest concessions, review of laws and policies, certification, citizen-watch activities etc.

Keywords: Africa/Asia/Cambodia/certification/communities/concessions /corruption/ Ecuador /FLEG/forest law/forest law enforcement/governance/Indonesia/law enforcement/NGO's/ participation/ Transparency International/Verifor Bibliography /Project - SO140

 
 
   
 
VERIFOR is an ODI-led project, with partners in Latin America, Africa and Asia.
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Overseas Development InstituteTropical Agricultural Research and Higher Education CenterCentre for International Forestry ResearchRegional Community Forestry Training Centre for Asia and the Pacific
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