Activities of the ASEAN Regional Knowledge Network on Forest Law Enforcement and Governance (FLEG) by THANG HOOI CHIEW 12 th ASOF Meeting, Myanmar, 25-27

Activities of the ASEAN Regional Knowledge Network on Forest Law Enforcement and

Governance (FLEG)

by

THANG HOOI CHIEW

12th ASOF Meeting, Myanmar, 25-27 June 2009

ASEAN Regional Knowledge Network on Forest Law Enforcement and Governance (FLEG)

OUTLINE OF PRESENTATION

1. INTRODUCTION

2. NETWORK GOALS AND OBJECTIVES

3. NETWORK MEMBERSHIP

4. NETWORK ACTIVITIES

5. CONCLUSIONS AND RECOMMENDATIONS

2


1. INTRODUCTION• At the Eleventh Meeting of the ASEAN Senior Officials on Forestry

(ASOP) that was held in Kuala Lumpur, Malaysia from 31 July – 1 August 2008, one on the decisions adopted was to promote the use of regional knowledge networks to:

(i) broaden the ASEAN knowledge base in forestry; and

(ii) advance dialogues on emerging forest policy issues, e.g. Forest Law Enforcement and Governance (FLEG) and

Reducing Emissions from Deforestation and Forest Degradation (REDD).

3


• As such, the ASEAN Regional Knowledge Network on Forest Law Enforcement and Governance (FLEG Network) was established on 15 October 2008 with the holding of its Inaugural Meeting in Jakarta, Indonesia.

• The Inaugural Meeting adopted the Terms of Reference and a Work Plan with activities and products, timeline and individuals responsible for implementing the agreed activities of the FLEG Network.

• The Second Meeting of the FEG Network was held in Manila, Philippines from 10-12 February 2009 which was also attended by the ASEAN Partners, such as FAO Bangkok Office, ITTO, UNODC Jakarta Office, the World Bank, WRI, and EFI. The Inaugural Meeting’s Work Plan of activities was further updated.

4


2. NETWORK GOALS AND OBJECTIVES

• The goals and objectives of the FLEG Network are to:

(i) support the implementation of the Work Plan for Strengthening FLEG in ASEAN, 2008-2015;

(ii) create a pool of ASEAN experts to undertake policy analysis and research on FLEG issues from the perspective of ASEAN Member States (AMS);

(iii) undertake robust benchmarking to determine and promote good FLEG practices, and provide a structured ASOF dialogue;

(iv) support AMS to learn from each other’s approaches in FLEG implementation and good FLEG practices;

5


(v) provide a platform for non-official ASEAN stakeholders and the research community to enhance FLEG processes in ASEAN;(vi) address any emerging FLEG issues arising from the

work programs of ASOF and AMAF;(vii) provide specific policy briefs and policy options’ papers

to ASOF and AMAF to assist them in their decision-making processes; and(viii) enhance policy implementation capacity by mobilizing

resources and building partnerships with others who are involved in FLEG processes.

6


3. NETWORK MEMBERSHIP• All members of the FLEG Network must be an ASEAN national and

they act in their personal capacity, while respecting their institutional affiliations.

• The members of the FLEG Network are expected to have excellent analytical skills and knowledge for assessing the impacts and implications of FLEG initiatives on:

(i) progress towards the achievements of sustainable forest management (SFM);

(ii) policies, legislation and institutions that support SFM and FLEG;

7

(iii) structure of forest law enforcement regimes and

governance;

(iv) sources of revenue and employment, including inter-generational equity;

(v) rural poverty and the social and economic security of local communities and forest-dependent people, and

income equity; (vi) sources and drivers of forest crimes; and

(vii) global timber markets and responsible investment in the forestry sector.


8


• Currently, 7 members are nominated by ASOF (Cambodia, Indonesia, Lao PDR, Malaysia, the Philippines, Thailand and Vietnam) who are involved in:

(i) forest resource management and protection;(ii) forest legislation and litigation;(iii) forest crimes monitoring and investigation; and (iv) forest law enforcement and compliance.

• The other 6 invited members are currently working with:

(i) TRAFFIC International (Global Forest Trade Program Officer);

9


(ii) the Regional Community Forestry Training Centre for Asia and the Pacific (RECOFTC) (Senior Program Officer - Regional Analysis);

(iii) IUCN (National Coordinator- Global Forest Governance Project);

(iv) the Institute for Environment and Development (LESTARI), University Kebangsaan Malaysia (Principal Research

Fellow);

(v) the College of Forestry and Natural Resources, University of the Philippines Los Banos (Dean); and

(vi) P.T. Sari Bumi Kusuma (Director).

• The ASEAN Secretariat will provide the interface and manage the communication between the FLEG Network and ASOF and ensure its future sustainability and ownership by ASOF and AMAF. Currently, it is supported by the ASEAN-German Regional Forest Program (ReFOP).

10


4. NETWORK ACTIVITIES

• 5 policy briefs that were discussed and adopted at the Second Meeting of the FLEG Network will be published and uploaded to the CHM for dissemination to the public. These are:

(i) the need for comparative policy analysis on FLEG implementation in ASEAN;

(ii) analytical framework/research methodology for comparative assessments of FLEG policies and implementation in AMS;

(iii) synergies between FLEG and the CBD, especially its forest and forest-related programs in ASEAN;

11

(iv) implementation of FLEG through national forest programs (nfps); and

(v) lost in transit: export and import protocols as contributors to discrepancies in international timber trade data.

• A number of other activities were also agreed in the Work Plan of the FLEG Network for implementation. These are:

(i) 9 policy briefs on:

(a) synergies between FLEG and REDD,

(b) linkages between forest crimes and corruption,

(c) impact of FLEG on timber trade flows,


12

(d) impact of the Lacey Act (amended 2008) on AMS intra- and international timber trade flow to the USA,

(e) good forest governance practices,

(f) role, contribution and effectiveness of local governments in FLEG implementation,

(g) implication of the scope and effectiveness of defining timber legality,

(h) effective coordination among forest enforcement agencies and other related agencies at country level, and

(i) impacts of FLEG on sustainable livelihoods.

(ii) 2 policy-oriented papers on:

(a) mainstreaming FLEG implementation into policy processes at national level, and


13

(b) policies that support FLEG in AMS.

(iii) the holding of holding of 3 workshops, namely:

(a) assessment of FLEG implementation in AMS,

(b) customs protocol and timber trade statistical discrepancies, and

(c) options for prior notification to combat illegal timber international trade flows.

• The FLEG Network has also deliberated an outline for a “Format for Assessing Forest Law Enforcement and Governance (FLEG) Implementation in ASEAN Member States” which comprises 3 main sections, namely, ‘Background’, ‘Assessment-Thematic Elements’ and ‘Concluding Remarks’. The 9 proposed thematic elements for assessing FLEG implementation are:


14

(i) Enabling Conditions;

(ii) Prevention;

(iii) Detection;

(iv) Suppression;

(v) Investigation;

(vi) Prosecution;


15

(vii) Recovery;

(viii) Forest Governance; and

(ix) Monitoring and Reporting.

• The FLEG Network has planned to develop a “Handbook on Good Practices on FLEG”, with specific reference to the ASEAN region, to complement the Format for assessing FLEG implementation in AMS.


16

• The FLEG Network has also reviewed the proposed UNODC-ASEAN joint project on “Countering Forest Crimes in the ASEAN Region” and proposed that the 12th Meeting of ASOF gives due consideration to this joint project in view that the project, among others, would:

(i) strengthen mechanisms for promoting regional networking , cooperation and coordination between governments and law enforcement agencies of AMS;

(ii) conduct needs assessment at country level for FLEG implementation and regional training programs;

(iii) enhance the capacity of investigators and police in detecting and investigating corruption cases related to the forestry sector; and

(iv) increase capacity of agencies to detect forest crimes.


17


5. CONCLUSIONS AND RECOMMENDATIONS

• It is recommended that the 12th Meeting of ASOF to:

(i) take note of the 5 completed policy briefs;

(ii) agree to the preparation of an additional 9 policy briefs and 2 policy-oriented papers, as well as the holding of 3 workshops;

(iii) endorse the work on the thematic elements for assessing FLEG implementation in AMS, including the

preparation of a Handbook on Good Practices on FLEG;

(iv) agree to use the 9 thematic elements as a guide for AMS to prepare country reports for the planned workshop on

assessing FLEG implementation in AMS; and

(v) consider the Joint UNODC-ASEAN project on “Countering Forest Crimes in the ASEAN Region”.

18


• It is envisaged that the FLEG Network will play a catalytic role in supporting ASEAN to better address FLEG implementation in AMS and provide a coherent approach to achieve the activities of the Work Plan for Strengthening FLEG in ASEAN, 2008-2015.

• The pool of experts of the FLEG Network will:

(i) further promote the capacity of AMS to address emerging issues and new approaches in enhancing FLEG processes in ASEAN;

(ii) facilitate common understanding on specific issues and synchronize joint actions on regional issues of common

concern; and

(iii) develop policies and strategies from the perspective of AMS.

19


• In addition, the FLEG Network will greatly contribute to the “ASEAN Declaration on Environmental Sustainability” (2007), especially in strengthening law enforcement, promoting environmentally sustainable practices and combating illegal logging and its associated illegal trade.

• It will also contribute positively to the realization of the “Singapore Declaration on Climate Change, Energy and the Environment” (2007), which calls for “strengthening forest law enforcement and governance to combat illegal logging and other harmful practices”.

20

21

Documents

Activities of the ASEAN Regional Knowledge Network on Forest Law Enforcement and Governance (FLEG) by THANG HOOI CHIEW 12 th ASOF Meeting, Myanmar, 25-27