| European
Tropical Forest Research Network |
NATURAL RESOURCES GOVERNANCE: COMBATING ILLEGAL LOGGING AT REGIONAL LEVEL
By Kevin Gray
The problem of illegal logging has recently caught the attention of the international community. Exporting countries from the South are realising that problems of governance and corruption in their natural resources sector are denying their treasuries access to considerable sources of revenue. In addition, illegal practices are undermining the rule of law and ultimately leading to outcomes inimical to sustainable development.
International governance on forestry issues and efforts to draft a binding convention on forests have fallen short, despite unabated global deforestation. The recent awareness of the problem of illegal logging may overcome the deadlock due to the economic disadvantages of national inaction. The loss of government revenue and ill regard for government laws and regulations have motivated countries to pursue bilateral and multilateral strategies.
By studying the policymaking process for combating illegal logging since the Rio Summit on Environment and Development in 1992, we are exploring how the international community has mobilised around this issue. Specific attention is given to the recent initiatives in a number of intergovernmental bodies that incorporate forest governance issues into their mandate. We will also address the issue of how recently established regional mechanisms exude great potential for being an effective way to combat illegal logging. We will argue that, in the case of illegal logging, the regional approach offers the greatest chance of ensuring that a workable strategy is introduced.
The problem
The clandestine nature of illegal trade makes its scale and value difficult
to estimate. A large part of the problem relates to inadequate national laws
or infringements thereof. In some countries there may simply be no clear definition
of what is and is not illegal. Violation of the law is, however, a problem impacting
the international trading system and global sustainability of forest resources
for undermining economic development and denying substantial government revenue
that could be channelled towards developmental objectives. In addition, governance
in the natural resources sector influences how the rule of law operates in all
sectors of society. A lack of compliance with laws and regulations, corruption
and lack of political will all inhibit economic growth.
Poor governance in the forestry sector can be better understood by assessing more systemic issues such as rampant poverty, little respect for human rights and unsuitable living conditions. Effective ways of combatting illegal logging need to concentrate on the domestic environment that stimulates this illegal behaviour. Incentives for local producers are required that reward sustainable and legal livelihood alternatives to illegal logging .
Required actions
Tackling illegal logging will require a number of initiatives developed at all
levels of government - from the local community up to international fora. Legal
instruments may only play a partial role, since the origins of the problem are
rooted in basic questions of economic underdevelopment, poor infrastructure
and limited resources and opportunities. An interdisciplinary approach is needed
with full engagement of non-state actors in the process. The use of market mechanisms
such as certification schemes and corporate codes of conduct supplement the
variety of legislative and regulatory instruments and policy documents needed
to curb the illegal logging trade.
Limited success
Multilateral efforts to combat illegal trade in timber and non-timber products
have failed. Two years of negotiations on a global forests convention before
the Rio 'Earth Summit' in 1992 did not result in a binding convention. Although
an agreement specifically on illegal logging might be easier to negotiate, and
there seems to be increasing international willingness to act on the subject,
concerns about national sovereignty and fears of disguised protectionism against
exports are likely to cause many exporting countries, both industrialised and
developing, to be reluctant to engage in such negotiations.
Some countries are exploring the possibility of taking unilateral action to address the issue. The EU and the United States have adopted customs measures to stem the tide of illegally felled timber, such as mahogany form Brazil. However, the effectiveness of unilateral measures to correct the conditions underlying the illegal trade is limited. In addition, unilateral measures can potentially fall foul of international trade law requirements restricting the ability to prohibit the imports of illegally felled and produced timber. Some countries may perceive such measures as disguised attempts to protect local producers.
Regional approach
A regional focus on combating illegal logging might be more appropriate. Such
an arrangement would consist of several like-minded timber-producer countries.
This might bridge the needs of having consolidated action by a large number
of countries while still remaining cognisant of their common characteristics.
Cooperative management can function more effectively over a smaller geographic
area with adjoining States. Information exchange and resource sharing can be
carried out more easily under these circumstances. In addition, there is better
scope for monitoring the problem when the countries can assist each other in
tracing the illegal exports coming from their region. Regional arrangements
to combat environmental crime, such as the Lusaka Agreement (1997) in Southern
Africa or the Amazon Treaty (1978) already establish frameworks for enforcement
collaboration as well as capacity building. The Forest Law Enforcement and Governance
(FLEG) Ministerial Conference in Bali, Indonesia - regarded as an important
initiative in East Asia - could well provide a preliminary framework for the
negotiation of a regional agreement on illegal logging in East Asia.
Successful regional agreements demonstrating how an anti-illegal logging regime could work in practice, how capacity-building could be delivered, and the impacts of the system on trade flows and government revenues, could provide a much-needed stimulus for a wider agreement. The regional approach may also be preferable since it can stimulate action at the national level through a peer review system. Forest law enforcement is primarily, if not exclusively, dependent on what occurs at national and sub-national level. In addition to generating awareness of the problem, States that agree to strengthen their legislation may motivate others to follow suit due to the impact on competition for their exports that might be disadvantaged due to higher legal compliance standards in importing countries.
Further information:
Kevin Gray, Research fellow
British Institute of International and Comparative Law
17 Russell Square, Charles Clore House
WC1B 5JP London
United Kingdom
E-mail: k.gray@biicl.org