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In 2002, the Indonesian and British governments signed a Memorandum of Understanding (MoU) to combat illegal logging and the illegal timber trade. Two years on, after a stop-start, lengthy and somewhat patchy process of consultation, the two governments are getting closer to agreeing what they mean by 'legal' and 'illegal'.
Lobbying by civil society organisations led the UK government's Department for International Development (DFID) to conclude that it was necessary to spell out what 'legal' and 'illegal' mean in a confusing and contradictory Indonesian legal context. A response was required to the demands of indigenous peoples' organisations, grouped in AMAN (the Alliance of Indigenous Peoples of the Archipelago), and supported by many NGOs, that the definition of legality required a radical rethink. According to AMAN, the narrow definition applied by the Indonesian government denies the rights of indigenous peoples since their customary rights are not adequately recognised under existing forestry and other laws. Indigenous peoples in Indonesia have long demanded restoration of their rights to control lands and resources in their customary areas. Their own definition of 'illegal' covers most of the timber operations considered as 'legal' by the government. This is because, in the majority of cases, indigenous communities never gave their consent to the industrial logging of their forests. The Indonesian government has refused to consider any change to the status quo. It insists that any discussions on forest use and tenure take place within the framework of the 1999 Forestry Law. However, it has become increasingly concerned that international buyers are refusing to accept Indonesian timber due to protests and direct action by environmental campaigning groups in Europe and the USA. So, last year there were two multi-stakeholder regional meetings (in Pelalawan, Riau and Berau, East Kalimantan) followed by a national workshop to clarify what 'legal' timber is. Forestry department officials kept a tight rein on these consultations and the drafting process. The result is a draft 'Legality Standard', which was made public in May 2004. The standard is aimed at "making it easier for buyers to differentiate between legally and illegally produced Indonesian timber products". Its goal is to promote the legal timber trade and discourage illegal trading. It consists of seven broad principles of legality, accompanied by criteria and indicators and guidance notes to help auditors verify compliance with each indicator. However, as all the principles, criteria and indicators are specifically aimed at Forest Concession Holders (HPH), the legality status of timber which comes from community forests (hutan rakyat/hutan adat) still remains unresolved, where these also need to access the timber market.
Principles of Legality for Forestry Operations and Timber "Timber is legal when the validity of its origin, logging permit, logging system and procedures, administration and transport documentation, processing, and trade or transfer are verified as meeting all applicable legal requirements.[1]" Principle 1.Land tenure and Use rightsThe legal status of, and tenure rights to the Forest Management Unit[2] are clearly defined and its boundaries have been properly gazetted. The Company[3] has documented, legally established rights to harvest timber within those boundaries, and harvests timber only within those boundaries. Principle 2. Physical and Social Environmental Impact The Company has an Environmental Impact Assessment (AMDAL) covering the Forest Management Unit that was prepared in the prescribed manner, and can demonstrate that it complies with all legal, physical, social and environmental requirements stated in the AMDAL, as well as all legal requirements for monitoring and reporting on implementation of the AMDAL. Principle 3. Community Relations and Workers Rights The Company complies with all its legal responsibilities in ensuring the well-being of communities affected by its activities in the Forest Management Unit, its provision of services to local communities, and the well-being and safety of its workers and contractors employed in the Forest Management Unit. Principle 4. Timber Harvesting Laws and Regulations The Company conducts all forest planning, harvesting and other activities within the Forest Management Unit in compliance with relevant government regulations. Principle 5. Forest Taxes The Company pays all relevant legally prescribed fees, royalties, taxes and other legal charges related to its use of the Forest Management Unit and the timber extracted from it. Principle 6. Log Identification, Transfer and Delivery The Company ensures that all logs transported from the Forest Management Unit are properly identified, have correct associated documentation and are transported in accordance with government regulations. Principle 7. Timber Processing and Shipping Timber processing facilities and shipping companies have valid licenses and operate in accordance with applicable government regulations. [1]Final summary by participants at Stakeholder Consultation in Jakarta, June 2003 [2]"Forest Management Unit" refers to the defined area of land from which the Company claims to have right to harvest timber and is subject to evaluation. [3]"Company" refers the legally established body that claims authority to perform the forest, transport or processing operations under evaluation. The draft Legality Standard, including principles, criteria and indicators and guidance notes can be accessed at www.illegal-logging.info/
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Field testing in Kalimantan
The Legality Standard is due to be field-tested in July by the US-based conservation organisation, The Nature Conservancy, in the East Kalimantan timber concession of PT Sumalindo, where SGS/URS will carry out the legal verification. An independent assessment of the social aspects of this pilot verification will then be carried out by Dr Marcus Colchester, director of the UK-based NGO, Forest Peoples Programme, during August and September. The findings are then to be discussed in a national workshop involving NGOs and other interested parties.
FoE: UK govt fails on timber promise
While DFID officials work to define legality in Indonesia, NGOs have criticised the UK government's own record on timber purchasing.
In May, campaigners from Indonesia and Papua New Guinea attacked the British Government for its failure to honour its promise to tackle its purchase of illegally and unsustainably logged timber. Letters delivered to Environment Secretary Margaret Beckett highlighted the devastating impact of destructive logging on local communities. Four years ago, the UK government made a commitment to buying only 'legal and sustainable timber'. Central government contracts account for 15% of timber use in the UK. In a press release, Friends of the Earth England, Wales & Northern Ireland said that since then, the government has 'taken minimal steps to implement this promise and assigned it no significant funding.' 'The definition of "legal and sustainable" timber has not yet even been set and there has been virtually no impact on Government timber purchasing.'
Last year Greenpeace revealed that illegally-sourced Indonesian timber may have been used in construction of the UK government's new Home Office building - see DTE 58.
(Foe press release 21/May/04; Greenpeace 2003 report on Indonesia-UK timber links, Partners in Crime, is at www.saveordelete.com)
Indonesia in EU voluntary scheme The European Union has set up a scheme to encourage timber producing countries in Asia and Africa to certify their exports. Greenpeace, which believes the scheme is too weak, has called for an EU ban on illegal wood imports. The group says that Indonesia Malaysia and Ghana will take part in the scheme first. Greenpeace also criticised the fact that the only processed timber product to be covered by the licensing scheme was plywood, whereas paper, pulp and other wood products were not included. The European Commission has said that the participating countries would face a huge administrative burden and has set aside 30 million Euros to help. (Reuters 20/Jul/04) |
Indonesia's forests are under pressure from:
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