P l a t f o r m N e w s

Issue 4
October 2004 Quarterly newsletter of the EC Forest Platform
The EC Forest Platform is a FERN initiative that links peoples in the South and the European Community on aid and forest issues



Foreword

Dear Platform members,
The last quarter of 2004 promises to be intense on aid and forest issues. One of the main threads that the EC Forest Platform will be following in Brussels is the ongoing discussion on EU funding for Development for 2007-2013 – an issue which is  now spiced with the Commission’s adoption of a proposal to reform funds for external aid. As it stands, the Regulation, which would affect all EU funding for external actions (including funding for environmental, human rights and forest projects), would blur any earmarked allocation to thematic or geographical areas.

Another core area of work will be the discussions, at EU level, on how to combat illegal logging, with a  decision on the draft ‘Regulation for a licensing scheme controlling the imports of timber into the EU’  due to be made in the next 12 months. The impact of the scheme will depend on the detailed arrangements of the scheme’s proposed partnership agreements that will be negotiated by the Commission with partner countries (which will include Indonesia). It is crucial to ensure that EU actions to combat illegal logging do not legitimise unjust producer country legislation that ignores indigenous peoples’ rights and allows destructive logging.

The national EC Forest  Platforms in Cameroon and Indonesia will continue to monitor EC policies and projects on aid and forest issues in their countries. In late October, a group of Indonesian NGO campaigners will present their conclusions on the Forest Law Enforcement, Governance and Trade (FLEGT) process to European NGOs, industry and policy-makers in Belgium, Finland, Sweden, the Netherlands and Portugal. The EC Forest Platform will end the year by setting future priorities and bringing our concerns to the Government and EC Delegation in Cameroon, where the Platform Strategy Meeting will be held in early December.

We  welcome comments or ideas to improve this newsletter. Do not hesitate to send any information that you would like to publicise to other Platform members or reactions to news you see here. This process of debate and information sharing is the basis to provide the opportunity for Platform members to influence the European Union and the way its aid programme affects forests and forest peoples around the world. Please feel free to forward Platform News to interested friends and colleagues. We hope you will take advantage of this opportunity to make Platform News an open forum for debate and information exchange on EC aid and forest issues.

Iola Leal Riesco
EC Forest Platform co-ordinator
iola@fern.org
www.fern.org/pages/aid/platform.htm

 

c o n t e n t s

Foreword

P l a t f o r m Debates
1.
Mid-term Review of the Cotonou Agreement: civil society participation in Cameroon
2. NGO dialogue with Indonesia’s EC Delegation
3. EU Action Plan on illegal logging

N e w p o l i c i e s from the EU
4. No funding for forests under new EC external policy instruments
5. Country Strategy Papers: round two
6. Economic Partnership Agreements: alleviating poverty – or just furthering EU interests ?

N e w s f r o m around the World
7. EU Regulation threatens ‘Legality Standards’ for Indonesia
8. New ENA-FLEGT process: preparing to participate
9. Development co-operation with the Philippines: review of the Environmental Integration


R e s o u r c e s
10. Understanding EU intricacies: new briefings and publications
11. What is the EC Forest Platform ?

P l a t f o r m Debates

1. Mid-term Review of the Cotonou Agreement: civil society participation in Cameroon

By Emmanuel KAM, EC Forest Platform focal point in Cameroon

The Cotonou Agreement, signed in June 2000, lays the legal basis of co-operation between the European Union and the African-Caribbean-Pacific (ACP) countries until 2020. This Agreement is not only an ideal framework for the North-South dialogue in general, but also a forum for dialogue between civil society in Europe and ACP countries. Thus, the Agreement recommends, in various terms, the participation of the civil society in its implementation.

Itself an ACP country, the civil society of Cameroon has been preparing, since early 2004, to take part in the mid-term review of the Cotonou Agreement. Within the framework of the EC Forest Platform Cameroon, a group of development and environmental NGOs, has been meeting regularly to develop a suitable strategy to ensure their effective participation in the process.

During September 2004, the group carried out an analysis of a provisional report on non-official actors in Cameroon – a study which had been prepared at the request of, and which was financed by, the European Commission. The analysis made by this group of NGOs aimed at presenting the suggestions and comments of the non-official actors to the Minister of Economy, Programming and Regional Planning of Cameroon (MINEPAT), who is the national director of the European Development Funds (EDF) and for this reason, the main actor of the cameroonese government in the implementation of the Cotonou Agreement.

The Ministry of Economy, however does not yet seem to be ready to allow an active role for civil society in the mid-term review. A website created in June 2004 to facilitate dialogue between the national director of the EDF and civil society was taken down with many questions from civil society unsolved. Meanwhile, the head of the coordination office for Cameroon-EU co-operation, systematically refuses to receive representatives of NGOs.

This trend can be explained by two reasons: First Cameroon-EU co-operation has traditionally concentrated on the State such that it is now difficult for the official actors involved to effectively integrate the non-official actors; and second there could be a huge gap between the projects planned in the country’s National Indicative Program and the achievements on the ground. In addition to this, Cameroon might not have even started to use the funds of the 9th EDF, which would explain that there is no mid-term review in Cameroon.

It is hoped, however, that things will return to normal following Cameroon’s presidential election on 11 October, allowing MINEPAT to clarify the participation process it envisages for the mid-term review.

For information about our national Platform activities and documents in Cameroon, or to actively join the Platform, please contact our NGO focal point Emmanuel KAM (ekamyogo@africa-environment.org), CED - Centre pour l’Environnement et le Développement, Cameroon.

2. NGO dialogue with Indonesia’s EC Delegation

By Mardi Minangsari, EC Forest Platform focal point in Indonesia

EC Forest Platform Indonesia organised a two-day workshop on 21 and 22 June 2004 to discuss the issues of the European Communitys (EC) development aid scheme in Indonesia, specifically in the forestry sector. A total of 35 participants attended the workshop, including representatives from the Indonesian Government, EC Delegations, EC project executors and civil society groups (NGOs) that have experience with EC forest projects.

In a discussion following presentations from every stakeholder, the Indonesian civil society groups presented key problems associated with the EC development aid scheme in Indonesia, highlighting: lack of transparency, participation, accountability and synergy; and problems with priority setting.

As a result of this seminar, the Indonesian NGOs developed a joint statement expressing their concerns regarding EC development aid in the forestry sector, in terms of both planning and implementation. Some of the immediate demands are to: make annual audit reports for EC forestry projects available for public scrutiny; ensure that public involvement mechanisms for the development of the next Country Strategy Paper (CSP) (2007-2011) are in place by 2006. The latter is crucial to ensure improved participation of civil society both in CSP and National Indicative Programme (NIP) project definition and in project monitoring and evaluation. This joint statement was released in August and sent out to the EC Delegation in Jakarta, the EC in Brussels, the Indonesian Government and related key institutions.

In a follow-up meeting with the EC Delegation in late August, the Delegation promised to respond to the demands in the joint statement and invited us to have further discussions regarding these issues. However, so far, these discussions have not materialised. Moreover, while the Indonesian NGOs met with the EC forest projects review mission to convey concerns regarding the implementation of EC forest projects in Indonesia, the mission declined our request to receive a summary of their findings, on the grounds that their report will be an internal EC document only.

The Indonesian NGOs will continue dialogue with the EC Delegation and its counterparts in Indonesia to pursue our demands and to ensure greater transparency throughout these processes.

For information about our national Platform activities and documents in Indonesia, or to actively join the Platform, please contact our NGO focal point Mardi Minangsari (mardi_minangsari@telapak.org), Telapak, Indonesia.

RELATED LINKS
Joint NGO Statement regarding the European Community's development aid for Indonesia (August 2004): http://www.fern.org/pubs/ngostats/Indonesia%20EC%20devt%20aid%2018.08.04%20Eng.pdf

3. EU Action Plan on illegal logging

The ongoing discussions on how to combat illegal logging will increase at EU level over the coming months, with a decision to be made on the draft Regulation for a licensing scheme controlling the imports of timber into the EU expected in the next 12 months. This proposal is a step towards the implementation of the EU action plan on Forest Law Enforcement, Governance and Trade (FLEGT), presented by the European Commission in May 2003. Other measures underway are the development of Voluntary Partnership Agreements with timber-producing countries to prevent illegally produced timber from entering the EU market, and legal research into further legislation to support the objectives of the Action Plan including the feasibility of legally binding means to control imports of illegally harvested timber into the EU.

The draft Regulation for a licensing scheme, which was presented at the Parliaments constitutive session on 20 July 2004 and at the Council working group in September, is intended to control imports of illegally sourced timber from partner countries into the EU. FERN, Greenpeace and WWF, while supporting the process, have criticised the draft for not being sufficiently robust on either independent verification of legality or independent monitoring of the scheme; and for not including sufficient safeguards to prevent the Regulation from reinforcing damaging legislation in producer countries (see the Comments on the draft Council Regulation, link below).

The draft Regulation builds on the assumption that relevant national legislation’ – a term which the proposal fails to define is adequate and sufficient to prevent environmental and social harm. In practice, this is often not the case. Existing laws may be unjust or conflicting, or else may provide inadequate protection for either the environment or indigenous peoples rights. A Regulation based on such relevant national legislation thus risks legitimising destructive logging practices and unjust laws.

NGOs further criticised the slow process of researching and developing effective legally binding measures to control all imports of illegal timber as demanded by the Parliament, the Council, NGOs and the Dutch timber trade federation (see Platform News issue 3). FERN is currently carrying out a legal study to see if such legislation would be possible and what it would look like. A first proposal will be presented by the end of October.

Ultimately, the impact of the licensing scheme will depend on the detailed arrangements of the schemes proposed partnership agreements that will be negotiated by the Commission with partner countries. A large number of NGOs in North and South have argued that in order to be effective and legitimate these partnership agreements must be:

        developed through mechanisms of broad engagement with civil society organisations and favourable towards community forestry;

        aimed at creating public accountability and transparency in the management of natural resources;

        based on a proper assessment of all partnership countries national forest and related laws (including environmental laws, human rights laws, land tenure laws and others).

FERN has therefore argued that necessary safeguards must be set down in the Regulation. While this is currently not the case, a confidential negotiating mandate, seen by FERN and presented to Member States, shows that the Commission does see the need for some safeguards. However, by outlining these safeguards only in a confidential rather than a public document, this does not allow for a public and open discussion on these critical safeguards.

FERN maintains that a more effective measure than the proposed voluntary scheme, and a strong political signal to producers, would be a framework legislation allowing EU customs authorities to prosecute criminals and seize illegal shipments. To this end, we will present our proposals at the end of October. For now we have to watch carefully: the current proposal could simply legitimise unjust producer country legislation that does more harm than good.

RELATED LINKS
EU FLEGT Action Plan:
The Action Plan (May 2003): http://europa.eu.int/comm/development/body/theme/forest/initiative/docs/Doc1-FLEGT_en.pdf#zoom=100
FERN’s analysis of the Action Plan and recommendations to the Council (Jul 2003): http://www.fern.org/pubs/briefs/illegallog2.pdf and http://www.fern.org/pubs/ngostats/AP_reccs.htm
Council Conclusions (Oct 2003): http://europa.eu.int/comm/development/body/theme/forest/initiative/docs/Doc2-council_proceedings_0310.pdf#zoom=100
Commission’s series of briefing sheets on the FLEGT Action Plan. (April 2004): http://europa.eu.int/comm/development/body/theme/forest/initiative/briefing_sheets_en.htm
Proposal for a Council Regulation concerning the establishment of a voluntary FLEGT licensing scheme for imports of timber into the European Community [COM(2004)515 final]: http://europa.eu.int/eur-lex/en/com/pdf/2004/com2004_0515en01.pdf

FERN, Greenpeace and WWF comments on the draft Council Regulation concerning the establishment of a voluntary FLEGT licensing scheme for imports of timber into the European Community (Sep 2004): http://www.fern.org/

NGO positions:
Facing Reality: how to halt the import of illegal timber in the EU. FERN, WWF and Greenpeace (April 2004): http://www.fern.org/pubs/reports/facing_reality.pdf


N e w p o l i c i e s from the EU

4. No funding for forests under new EC external policy instruments

On 29 September 2004, the European Commission finally adopted its proposal for a new simplified fund for external aid. In a long expected move towards the rationalisation of EC Development Aid, the draft Regulation envisages replacing all thematic/sectoral and geographical regulations governing the EUs external policy financing. This includes the regulations that set the legal basis for funds such as environment and tropical forest, NGOs and Human Rights(1).

Both the Commission and civil society groups acknowledge the highly bureaucratic and inconsistent nature of existing EC development policy, and agree on the necessity to bring forward the debate on how to simplify and improve the effectiveness of EC aid programmes. Nevertheless, it is critical that any changes also bring greater clarity and transparency to the process. In direct conflict with this basic requirement, however, the current draft Regulation would allow the Commission to move resources intended for a specific geographic or thematic area (such as environment or forests) to other areas, without any obligation to consult civil society or the Parliament. This undermines the current powers of the European Parliament the only publicly elected body in the EU and significantly reduces its involvement in defining the EUs development co-operation.

The new framework for EC assistance and co-operation programmes is being simplified to six funds only. Two existing funds, Humanitarian Aid and Macro Financial Assistance, will be maintained. The four new funds are:

        Pre-accession covers the candidate countries (Turkey and Croatia) and the potential candidate countries (the Western Balkans). It replaces, among others, existing instruments PHARE (initially Poland and Hungary: Aid for economic restructuring later extended to cover Bulgaria, Czech Republic, Estonia, Latvia, Lithuania, Romania, Slovakia and Slovenia), ISPA (Instrument for Structural Policies for Pre-Accession), SAPARD (Special Accession Programme for Agriculture and Rural Development) and CARDS (Community Assistance for Reconstruction, Development and Stability in the Balkans);

        European Neighbourhood and Partnership covers the countries involved in the EUs Neighbourhood Policy (i.e. south and eastern Mediterranean countries, Ukraine, Moldova and Belarus, and southern Caucasus countries). It replaces MEDA (aid to reform of economic and social structures in the framework of the Euro-Mediterranean Partnership: Morocco, Algeria, Tunisia Maghreb-; Egypt, Israel, Jordan, the Palestinian Authority, Lebanon, Syria Mashreq-; Turkey, Cyprus and Malta) and a part of TACIS (Technical Assistance to the Commonwealth of Independent States: Armenia, Azerbaijan, Belarus, Georgia, Kazakhstan, Kirghizistan, Moldavia, Mongolia, Uzbekistan, Russia, Tajikistan, Turkmenistan and Ukraine). This instrument will also support the EUs strategic partnership with Russia;

        Development Co-operation and Economic Co-operation covers third countries not covered by the Pre-accession and European Neighbourhood and Partnership instruments. It replaces the Asia and Latin American regulation (ALA), the European Development Fund (EDF) (assuming that the Commissions proposed Budgetisation(2) of the EDF is accepted see Platform News issue 3), the Environment and Tropical Forest Regulations, etc;

        The instrument for Stability will tackle crisis and instability in third countries and address trans-border challenges including nuclear safety and non-proliferation, the fight against trafficking, organised crime and terrorism.

Something new in this process is the fact that this reform of the financial and legal structure of EC Development Aid is being presented together with the discussion on the financial framework for the EU. In July 2004, the European Commission presented its second Communication on the EUs budget plan for the period 2007-2013 (the financial perspectives or, as proposed in the still-to-be ratified EU Constitutional Treaty, the multi-annual financial framework’ – see also Platform News issue 3). This Communication shifted from the Commissions initial position of focusing on policy objectives to a hybrid thematic/geographic model based on how close political relations a non-EU country has with the EU. This approach has now been translated into the current proposal, with one fund for pre-accession countries, one for European neighbouring countries and one fund for any other country that is not included among the first two (see above).

Together with the undemocratic nature of the proposal, the new fund covering developing countries integrates both Development and Economic Co-operation a move which allows funding to be allocated to upper middle-income and developed countries and will no longer guarantee a focus on developing countries (3). Achieving poverty alleviation the main goal of the Communitys Development Policy will therefore compete directly with funding to developed countries (including OECD countries such as the USA or Japan). Concerns have been raised that this contradicts both the Constitutional Treaty of the EU (which considers the areas of Development Co-operation and Economic Co-operation separately), and the Communitys commitments to contribute to the Millennium Development Goals, which include eradicating poverty and ensuring environmental sustainability.

FERN is ready to engage into a debate that would lead to improving the effectiveness of the Communitys Development Policy, but we do oppose any change that undermines the democratic nature of the EU or that reduces the quality of the ECs development programme in relation to the protection and sustainable use of forests and the respect for the rights of forest peoples. The EC Forest Platform will follow this process closely to ensure that the final Regulation will not undermine those aims.

(1)  EC aid is divided along geographic and thematic funds. The main geographic lines are ALA (Asia and Latin America), MEDA (Mediterranean countries), and TACIS (Eastern Europe and Central Asia). Thematic funds include a number of sectoral programmes such as environment and tropical forests, democracy and human rights, NGOs, food aid, and health.
(2)  Today, the EDF is funded by the member states. EDF Budgetisation means that the EDF would enter into the annual Community Budget and would be part of the new multi-annual financial framework (see text).
(3)  The OECD Donor Assistance Committee distinguishes between official development assistance (ODA) and official aid (OA). The ODA is aid to lower income, developing countries –‘development co-operation’-, while the OA is aid for upper middle-income and developed countries –‘economic co-operation’-.

RELATED LINKS
Financial perspectives: http://europa.eu.int/scadplus/leg/en/lvb/l34012.htm
Commission Communication ‘
Building our common Future: Policy challenges and Budgetary means of the Enlarged Union 2007-2013’ (Feb 2004): http://europa.eu.int/eur-lex/en/com/cnc/2004/com2004_0101en02.pdf
Comission Working document ‘Proposal for renewal of the Interinstitutional Agreement on budgetary discipline and improvement of the budgetary procedure’ (July 2004): http://europa.eu.int/eur-lex/en/com/wdc/2004/com2004_0498en01.pdf 
Commission Communication to the Council and European Parliament ‘on the Instruments for External Assistance under the Future Financial Perspective 2007-2013’ (Sept 2004):
http://europa.eu.int/eur-lex/en/com/pdf/2004/com2004_0629en01.pdf
CONCORD ’s
Information and Lobbying Toolkit on Financial Perspectives (March 2004): http://www.concordeurope.org/
Eurostep Briefing No 21‘Towards a Responsible Europe in the World: Briefing on the Draft Regulation on Development Co-operation and Economic Co-operation. A Blank cheque for the European Commission?’ (Sep 2004) http://www.eurostep.org/docs/200410011659441708.doc

5. Country Strategy Papers: round two

Since 2001, programming of EC aid has been centred on Country/Regional Strategy Papers (CSP/RSPs) which set out the strategic framework for the ECs priorities for co-operation with a given country or region. The European Commission are now preparing the second set of Strategy Papers that will be discussed during 2005 and 2006. The CSP/RSPs are developed at delegation level in collaboration with national governments, Member States, other donors and, wherever possible, with representatives of civil society (the feasibility of civil society participation is both assessed and judged by the Commission). Each document is complemented by a National Indicative Programme (NIP) which indicates focal areas where the resources will be spent and the approximate amount of funds to be allocated (for detailed information on EC Aid see FERN Briefing Introduction to EC Development Aid).

Country and Regional Strategy Papers cover development assistance, but do not include activities under thematic budget lines. This fact allows funding to areas that have not been fully considered under the Country Strategy but that are covered by a specific line ie. tropical forests. Until now, EC Development Co-operation Policy has neglected environmental issues (see FERNs report Forest at the Edge). Due to lack of either political desire, knowledge or capacity to integrate environment in all areas of Development co-operation, the Commissions tendency has so far been to rely on the thematic budget lines to address environment and forest issues (which are repeatedly referred to in the CSPs as a mechanism to mainstream those concerns). Given this, it is still not clear how the proposed new instrument for EC Development Co-operation (see above), will secure funding for thematic areas such as environment, forests or gender. While effective changes towards a real integration of environment and forest issues are welcomed, there are concerns about how the Commission which is clearly still not prepared to effectively mainstream environmental issues will ensure that funding for forests and forest-dependent communities is available and benefits the poorest people.

FERN believes that one of the reasons behind the lack of coherence among EC Policies (Environment, External Relations, Development, etc) is the fact that civil society is only being consulted on a wherever possible basis. Part of the new package should be the establishment of effective channels for proper consultation during the elaboration, application and evaluation of the CSPs. It is critical that environmental, social and indigenous organisations in developing countries take an active role in the preparation of the next CSP/RSPs. If your organisation decides to take a lead in influencing the next CSP for your country, be aware that EC officials often do expect civil society to approach them with an intention to provide meaningful input to the process.

Before the end of 2004, the European Commission will undertake scoping studies that will be the basis for the next round of Country Strategy Papers. The draft documents will be discussed during 2005. Civil society participation will be crucial to ensure that forests issues are being incorporated into EC aid programming.

Contact iola@fern.org to get tips on how to address your EC Delegation or to get information on who to contact.

RELATED LINKS
FERN report Forest at the Edge (Nov 2002): http://www.fern.org/pubs/reports/cspedge.pdf
FERN Briefing Introduction to EC Development Aid (March 2003): http://www.fern.org/pubs/briefs/aid2.pdf

6. Economic Partnership Agreements: alleviating poverty – or just furthering EU interests ?

The Economic Partnership Agreements (EPAs) currently being negotiated between the EU and partner countries and regions in Africa, the Caribbean and Pacific (ACP) are increasingly being perceived by NGOs in both ACP countries and in Europe as a tool to further the interests of the EU to the detriment of the interests of the ACP countries. Concerns focus on the following main areas:

·               EPAs could be undermining regional integration in the ACP region;

·               EPAs could force ACP countries to open up their markets to EU products and services;

·               EPAs could be a tool for the EU to further their interests in Singapore (in relation to investment, transparency in government procurement, competition and trade facilitation), something which has not been dealt with at the WTO, due to resistance from ACP and other countries.

The EPAs are negotiated as part of the Cotonou Agreement, a co-operation agreement signed between the EU and 78 ACP countries in June 2002. In a letter to Eurostep (European Solidarity Towards Equal Participation of People), a network of 15 major development NGOs from 12 European countries, the European Commission states that it is fully committed to make EPAs an essential development tool for reducing poverty and to build EPAs on South regional integration(see link below). In the same letter the Commission also states that unconditional trade liberalisation is neither possible nor desirable for most ACP states.

Yet despite these assertions, initial negotiations with the Eastern and Southern African (ESA) Region and with the Pacific countries have alarmed civil society groups in Kenya, Uganda, Zimbabwe and the Pacific. These groups claim, in various statements (1) that the current negotiation process as carried out by the EU will be detrimental to most ACP countries. There are serious concerns about the social, political and economic implications of these negotiations for the small and vulnerable economies of the Pacific and East Africa, based on EU demands for opening up their economies to foreign direct investment and for privatising land. According to the groups in the Pacific, the EU has already asked Papua New Guinea and the Solomon Islands to remove communal land ownership laws that do not allow foreigners to own land (2).

One group of European NGOs has now put forward twelve steps to change the current EU approach, describing the European Commissions optimism about the potential positive developmental effects of the EPAs  as misplaced. With the Cotonou Agreement being revised in 2005 and EPA negotiations ending in 2007, everybody should prepare for the new EU Trade battleground.

(1)  Kenyan Civil Society inputs to the launch of the ESA EPA negotiations and the draft negotiating mandate; February 2004; Between a rock and a hard place by MWNEGO (no date) and Statement on the Launch of EPA negotiations between ESA states and the EU by TRADES, MWENGO AND SEATINI, February 2004.
(2)  Statement of civil society organizations from workshop on negotiations for an Economic Partnership Agreement (EPA) between the Pacific ACP states and the European Union, 7 September 2004, Suva.

RELATED LINKS
European Commission letter to Eurostep (June 2004): http://europa.eu.int/comm/development/body/tmp_docs/PL-PN_040621_letter_Eurostep_en.pdf
EPA watch site (for all above cited documents): http://www.epawatch.net/general/start.php


N e w s f r o m around the World

7. EU Regulation threatens ‘Legality Standards’ for Indonesia

Recent developments in Indonesia have now highlighted how a lack of safeguards in the draft EU Regulation to curb illegal timber imports into Europe (see EU plan on illegal logging above) could leave Europe effectively condoning the treatment of indigenous communities as criminals in their own forests (see Down to Earth Bulletin No. 62), and even sanctioning the death penalty.

Positive steps towards developing a defined Legality Standard for Indonesia (see also Platform News issue 3) could be dramatically set back if a new emergency regulation on illegal logging (initially announced by Indonesias Forestry Minister Prakosa in March 2004) comes into effect in Indonesia. The latest draft of this Indonesian regulation, which covers felling, transporting, storing, possessing and distributing illegal timber, sets out a system of penalties including: the death penalty or life imprisonment for financing illegal logging; 5-15 year jail terms plus large fines for ordering or carrying out illegal logging; and 5-7 years plus fines for officials who ignore cases of illegal logging.

Crucially, for local people, the Indonesian regulation reverts to a very narrow definition of legality, excluding respect for customary rights and the requirement for free, prior informed consent both of which appear in the draft Legality Standard for Indonesia. Since indigenous rights in forest areas are extremely weak under prevailing Indonesian laws, this could seriously limit the rights of indigenous communities in their customary forests.

Ignoring demands from the Council to ensure that the EUs Regulation on timber imports properly addresses land rights and land tenure issues, and guarantees the effective participation of local people, the Commissions current draft fails to include these safeguards. It is now up to the Council to rectify this, the Indonesian case showing that without clear safeguards, the current EU Regulation risks legitimising unacceptable practices, including the death penalty.

RELATED LINKS
Draft Legality Standards, including principles, criteria and indicators and guidance notes: http://www.illegal-logging.info/
Down to Earth Bulletin No. 62 (Aug 2004): http://www.dte.gn.apc.org/

8. New ENA-FLEGT process: preparing to participate

The Ministerial meeting of the new Europe and North Asia Forest Law Enforcement, Governance and Trade (ENA-FLEGT) process is expected in Russia in August 2005. The ENA-FLEGT has developed in response to international attention focused on combating the threat posed to forests by illegal logging and trade, corruption and poaching. It is the result of a number of consultations, conferences and national initiatives, including the World Bank-sponsored regional symposium on strengthening co-operation for forestry law enforcement in the Mekong Basin countries (1999) and its conference regarding the control of illegal logging in East Asia (2001).

As with similar processes elsewhere, only the involvement of a broad range of stakeholders can create a sufficiently broad base of knowledge and experience to enable ministers to take realistic decisions to address forest crime, corruption, and poor governance in the forest sector in Russia and its trading partners. This broad involvement is crucial to ensure an effective FLEGT process that raises public awareness and generates the political will to implement solutions.

The Taiga Rescue Network (TRN) has now established a working group on ENA-FLEGT to ensure that meaningful civil society participation takes place. TRN is an umbrella body for more than 200 NGOs, indigenous peoples' organisations and community groups concerned with forest issues in the boreal region. Of these organisations, 45 are based in Russia. To ensure that the voices of civil society are heard at the ministerial meeting, the working group will endeavour to bring organisations together to share information, build capacity and co-ordinate action. Educating a wide variety of civil society organisations, academics, industry stakeholders, donors and government officials about the FLEGT process will be an essential part of this initiative.

As a result of the discussions held during the TRN Biennial Meeting in September 2004, two resolutions were sent to relevant governments as a means of setting up the structures necessary to include civil society in the process and to encourage the Chinese Government in particular (as an increasing global economic power and major importer of Russian timber), to take an active role in the discussions. Briefings on this FLEGT process are expected to be ready before the end of 2004.

To contact the TRN FLEGT Working Group, email: flegt@taigarescue.org

9. Development co-operation with the Philippines: review of the Environmental Integration

 

Despite recognition of the links between Environment and Development in the EC 2002-2006 aid strategy in the Philippines, no specific funding has been made available for environmental issues. Moreover, while the main priority of the strategy as cited in the Philippines Country Strategy Paper (CSP) is poverty reduction, environmental concerns are not included under the two other co-operation priorities of 1) assistance to trade and investment and 2) good governance.

This is somewhat ironic given that the Asia Forest Networks recent evaluation of the EC co-operation strategy for the Philippines shows that the Country Strategy Paper (CSP) for the Philippines recognises law enforcement as the main problem leading to the countrys rampant rate of environmental degradation. Moreover, while good governance is one of the central measures underlined under the EUs own Action Plan for Forest Law Enforcement, Governance and Trade (FLEGT) it is estimated that in 2002, 46 percent of EU timber imports from the Philippines were illegal.

Yet despite these facts, neither the first (2002-2004) nor second (2005-2006) National Indicative Programmes (NIP) for the Philippines reflect the importance of good governance as a key factor in ensuring environmental stability.

In a country which has already lost more than 90% of its primary forest, where 24 million Filipinos live below the national poverty line and where over 20 million remain intimately dependent on forests (1), it is clear that its remaining 5.7 million hectares of forest are a key natural resource that any EC co-operation strategy aiming to reduce poverty has to consider. This will require taking on issues such as indigenous peoples rights, land tenure, and governance and demands improved coherence between existing EC Policies on Environment, Development, Trade etc.

While the current identification of the environment as a cross-cutting issue does allow for some money to be allocated to environmental concerns through rural development projects, these amounts are too small to really achieve much effect. Any future EC aid strategy must, therefore, fully acknowledge the links between natural resources and particularly forests and the livelihoods and conditions of Filipinos directly dependent those resources. This in turn will ultimately depend on effective consultation with civil society during the preparation, implementation and evaluation of the ECs aid strategy in the future.

 

This article is based on the Asia Forest Network working paper by Noelyn Dano, Rowena Soriaga and Peter Walpole (Mar 2004) Review of the Environment as a Cross-cutting Issue in the EU Development Co-operation in the Philippines. http://www.asiaforestnetwork.org

 

(1) Qiang Ma (April 1999) Asia-Pacific Forestry Sector Outlook Study. Food and Agriculture Organization of the United Nations (FAO), Regional Office for Asia and the Pacific, Bangkok. http://www.fao.org/docrep/x2613e/x2613e00.htm#Contents

 

RELATED LINKS
The EC-Philippines Country Strategy Paper 2002-2006 and National Indicative Programme 2002-2004 http://europa.eu.int/comm/external_relations/philippines/csp/02_06_en.pdf
Philippines National Indicative Programme 2005-2006 http://europa.eu.int/comm/external_relations/philippines/csp/nip_05_06.pdf
Arnoldo Contreras-Hermosilla (2001) Forest Law Enforcement. World Bank http://www.worldbank.org/devforum/files/overview.doc

R e s o u r c e s

10. Understanding EU intricacies: new briefings and publications

Towards a Responsible Europe in the World: Briefing on the Draft Regulation on Development Co-operation and Economic Co-operation: Eurostep (Sep 2004) Briefing No 21. The briefing provides an overview of the new draft regulation and raises concerns on civil society participation and democracy http://www.eurostep.org/docs/200410011659441708.doc

Comparing EU Free Trade Agreements and Economic Partnership Agreements: ECDPM (Sept 2004) The first series of briefing sheets by the European centre for Development Policy Management (ECDPM), EU FTA InBriefs, will be available before the end of 2004 and aims to provide a detailed overview of the trade (and trade-related) provisions of the ten free trade agreements (FTAs) recently concluded by the European Union (EU) with third countries, i.e. the Mediterranean countries, South Africa, Mexico and Chile. The second series, EPA InBriefs, aims to provide an introduction to and a synthesis of specific issues that are to be addressed in the negotiation of an EPA. The first EPA InBriefs are expected at the end of 2004 and early 2005. http://www.ecdpm.org/ftainbriefs

A Practical Guide to Campaigning at the EU Level : the EU's impact on forests. FERN, TRN (June 2004). An essential tool for anyone working to influence the EU on forest issues, the Guide provides an overview of the EU, its institutions, details of how EU processes work, practical tips on influencing those processes and pointers on where to get hold of critical information. Available from: info@fern.org (for a hard copy) or from: http://www.fern.org/pubs/reports/EU-guide.pdf

11. What is the EC Forest Platform ?

In July 2002 FERN launched the EC (European Community) Forest Platform. The Platforms aim is to ensure that EC development co-operation (10% of the world Official Development Assistance) has a positive impact on forests and forest peoples. Its main goals are to:

  • give a voice to NGOs and forest peoples who want to present their issues to the European Community;
  • debate the impacts of EC aid policies and projects on forests and forest peoples;
  • provide EC policy makers with on the ground information on forests and forest peoples;
  • encourage greater co-operation and dialogue between EU based NGOs and Southern NGOs, community-based organizations and indigenous peoples organizations.

Platform activities should contribute to a better implementation of commitments made by the European Commission in regard to development co-operation, environmental integration and recognition of civil society as an active partner. Exchanges between European-based Environmental NGOs and Southern NGOs should contribute to raise awareness among Northern Environmental NGOs about development-related problems faced by people in the South.

For more information or to become a member of the EC Forest Platform, visit our website http://www.fern.org/pages/aid/platform.htm or send an e-mail to the Platform co-ordinator, Iola Leal Riesco, iola@fern.org