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Governance

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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

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

Baker, M., Clausen, R., Kanaan, R., N'Goma, M., Roule, T., & Thomson, J. 2004, Conflict timber: dimensions of the problem in Asia and Africa. Volume 3: African cases. Final report submitted to the United States Agency for International Development. ARD, Inc
Abstract: The DR Congo country case study and 4 desk studies (Gabon, Guinea, Liberia and Sierra Leone) included in this volume document the ways conflict timber currently poses critical problems in several African countries. Investigations underlying this report were guided by three key concepts: commodity characteristics of timber, characteristics of markets for timber and characteristics of governance systems in countries where conflict timber incidents occur. Conflict timber as defined in this study occurs in two types of incidents:

  1. conflicts fuelled by forest resources, and
  2. conflict emerging because of competition over forest resources.


According to this study's conclusions, some of the main trends affecting conflict timber incidents in Africa are:

  • Conflict fuelled by forest resources only occur in two countries in Africa (DRC and Liberia), due to the fact the fewer countries retain enough trees to motivate conflict.
  • Warfare conditions exerted demonstrably different effects in the two countries in the region most affected by warfare, emphasizing the need of case -by -case analysis in interpreting conflict timber incidents
  • In neither Liberia nor the DRC did timber figure as the prime conflict commodity, other commodities, e.g. diamonds and gold are easier to transport and conceal.
  • In countries where conflict is fuelled by timber, governance can be qualified as "of poor quality"
  • The existence of unregulated financial institutions enables the use of commodities to finance warfare
  • The international markets for African hardwoods have been rising over the past decade and there are indications that the trend will continue over the foreseeable future.
  • The key to controlling conflict timber incidents in Africa, is better governance

Keywords: Africa/conflict timber/DR Congo/Gabon/governance/Guinea/Liberia/Sierra Leon/Verifor Bibliography /Project - SO140

Bernstein, S. & Cashore, B. 2004, "Non-state global governance: is forest certification a legitimate alternative to a Global Forest Convention?," in Hard choices, soft law: combining trade, environment, and social cohesion in global governance (forthcoming) , Ashgate Press, Aldershot.
Abstract: The central argument in this chapter is that as a non-state form of governance, transnational forest certification schemes require political authority beyond the state to succeed. "Authority exists when a community or audience authorizes commands to which it feels bound, empowering those rules and, possibly, mechanisms to enforce them. But in the realm of global governance, especially in cases where "hard law" is absent, legitimacy takes on added importance because, by definition, non-state governance schemes lack traditional enforcement capacities associated with the sovereign state."
Keywords: certification/communities/forest certification/FSC/governance/legitimacy/trade/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

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. 2004, Forest law compliance , World Bank.
Abstract: This paper provides an overview of the magnitude, causes and possible solutions to the problem of illegal logging, which the author states, are common everywhere. It looks at available evidence on the magnitude and impacts of illegal acts, the vulnerabilities of the forest sector, and proposes a strategy for combating forest crime. This strategy rests on three pillars:

  • an assessment of the governance situation of the country,
  • streamlining the policy framework, and
  • focusing operational activities around a prevention detection and suppression framework.

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

Contreras, H. & Global Witness 2003, Emerging best practices for combating illegal activities in the forest sector
Abstract: This document examines some of the most important options for combating illegal activities in the sector. The author points out that the proper application, sequencing and/or feasibility of the actions proposed will depend on each country's political, social and economic context. Some of the actions mentioned are:

  • simplifying norms and reducing their number
  • clear property rights
  • certification schemes
  • independent forest monitoring
  • increased information and disseminate knowledge / collection of baseline data
  • bilateral agreements

Keywords: certification/governance/illegal timber trade/independent forest monitoring/trade/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

Le Billon, P. 2000, "The political ecology of transition in Cambodia 1989-1999: war, peace and forest exploitation", Development and Change , vol. 31, no. 4, pp. 785-805.
Abstract: This article explores the social networks and power politics shaping forest exploitation in Cambodia, with the aim of casting light on the politics of transition. It also scrutinizes the unintended consequences of the international community's discourse of democracy, good governance, and sustainable development on forest access rights. The commoditisation of Cambodian forests is interpreted as a process of transforming nature into money through a political ecology of transition that legitimates an exclusionary form of capitalism.
Keywords: Cambodia/forests/governance/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
    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

Tacconi, L., Boscolo, M., & Brack, D. 2003, National and international policies to control illegal forest activities. A report prepared for the Ministry of Foreign Affairs, Government of Japan
Abstract: Illegal forest activities pose a significant threat to the sustainability of forest ecosystems, result in losses of government revenues, foster a vicious cycle of bad governance, and may contribute to increased poverty and social conflict. As such, they have received considerable attention from the international community in recent years. The purpose of this study is to critically examine the range of national and international policy options available to reduce illegal forest activities by:

  1. reviewing what is known regarding the nature and extent of the problem,
  2. identifying possible policy responses applicable by producer countries, by consumer countries, or via international initiatives, and
  3. suggesting possible principles and criteria for further evaluation and selection of policy options.

The document outlines principles and criteria to aid the development of appropriate policy options to reduce illegal forest activities.
Principles:

  • Reform efforts should proceed with input from all the important stakeholders
  • Property rights of forest must be clarified and resolved
  • Streamline the policy and regulatory framework
  • Divest certain functions to the private sector, NGO's, civil society and local governments
  • Promote integration and coordination with other sectors and with other players, both national and international.

Keywords: CITES/communities/governance/illegal logging/international agreements/Kimberley Process/NGO's/Verifor Bibliography /Project - SO140

Thompson, J. & Kanaan, R. 2004, Conflict timber: dimensions of the problem in Asia and Africa. Volume 1: Synthesis report. Final report submitted to the United States Agency for International Development. ARD, Inc
Abstract: USAID contracted ARD to conduct a nine-month-long study on Conflict Timber: Dimensions of the Problem in Asia and Africa. For the purposes of this study conflict timber was divided into two classes, and was defined as: the harvest and sale of timber and other forest products, specifically to finance armed conflict; and rival claims to ownership of, or control over, forest resources, resulting in conflict. This Synthesis Report includes the regional summaries for Africa and Asia as well as key findings. Some of the main findings are:

  • there is a strong link between conflict timber and poor inequitable systems of governance
  • governments are almost always complicit in conflict timber activities
  • loose financial oversight generates incentives for powerful individual actors to engage in conflict timber activities
  • ambiguous land / resource tenure promotes struggles over timber

Keywords: Africa/Asia/conflict timber/governance/illegal logging/illegal timber trade,/Verifor Bibliography /Project - SO140

 
 
   
 
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