EU FOREST LAW ENFORCEMENT GOVERNANCE AND TRADE

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EU FOREST LAW

ENFORCEMENT

GOVERNANCE AND TRADE

Stakeholder Consultation Session on FLEGT in

Regions Two, Four, Seven, and Ten.

Georgetown, Essequibo, Berbice, Imbaimadai, Jawalla, Annai, Karasabai

and Kamarang

Draft Report

Kenny David

Head, FLEGT Secretariat

Assistant Commissioner of Forests

Guyana Forestry Commission

Prepared; October 10th,2015

This project has been funded with support from the Department For International Development

(DFID).

This communication reflects the views only of the author. DFID cannot be held responsible for any

use which may be made of the information contained therein.

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CONTENTS

List of Acronyms....................................................................................................................................................….. 3

Introduction……………………………………………………………………………………………. .5

Purpose of Session …………………………………………………………………………………6

Summary of Sessions …………………………….……………….………………………………..7

Stakeholder Feedback……………………………………..…………………………………………….12

Content of Presentations………………………………...………………………………………………33

Conclusion ……………………………………………………………………………....………………42

Next Steps………………………………………………………………………………………..………42

Pictures of Sessions………………………………………………………………………………………43

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List of Acronyms

COMSTRAT - Communication Strategy

COP - Code of Practice

CDC - Community Development Council

DFID - Department For International Development

DCoF - Deputy Commissioner of Forests

EU - European Union

EFI - European Forest Institute

EUTR - European Union Timber Regulations

EC - Export Certificate

FAO - Food and Agriculture Organization of the United Nations

FLEGT - Forest Law Enforcement Governance and Trade

FPDMC - Forest Products Development and Marketing Council

FTCI - Forestry Training Centre Inc.

FSC - Forest Stewardship Council

FMO - Forest Management Organization/Operator

GFC - Guyana Forestry Commission

GGMC - Guyana Geology and Mines Commission

GTLAS - Guyana Timber Legality Assurance System

GPS - Global Positioning System

GYD - Guyana Dollars

GLD - Guyana Legality Definition

GRA - Guyana Revenue Authority

IPC - Indigenous Peoples’ Commission

IA - Independent Auditor

IFM - Independent Forest Monitoring

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JMRC - Joint Monitoring and Review Committee

LCDS - Low Carbon Development Strategy

MOIPA - Ministry of Indigenous Peoples’ Affairs

NTWG - National Technical Working Group

NTC - National Toshaos’ Council

NIS - National Insurance Scheme

PPEs - Personal Protective Equipment

REDD+ - Reduce Emission from Deforestation and Forest Degradation

SFP - State Forest Permission

TMC - Timber Marketing Certificate

TIN - Tax Identification Number

VC - Village Council

VLO - Verified Legal Origin

VPA - Voluntary Partnership Agreement

WTS - Wood Tracking System

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Introduction

Illegal logging and its associated trade are responsible for loss of revenue, environmental and social

damage worldwide. In recognition of its contribution to this global issue, the EU in 2003 developed

its FLEGT Action Plan. An important aspect of this Action Plan is the development of Voluntary

Partnership Agreements with timber producing countries, the aim of which is, to ensure that only

legally produced timber and timber products are exported to the EU. Under this arrangement a country

voluntarily enters into the VPA process and after proceeding through the different phases, the

agreement becomes law with the EU and the partner country.

Several countries in West Africa, South East Asia, Central America and South America have since

signaled their intention to enter into the VPA process and eventually signing a VPA. In South

America, Guyana has been the first country to enter the VPA process. In 2012, after a series of

engagements with key internal and external stakeholders, the Government of Guyana made a policy

decision to enter the VPA process with the EU and envisaged eventual signing of a VPA in 2017.

Since this decision, a series of initial follow up activities were undertaken in Guyana: an assessment

of Guyana’s Legality Assurance System was completed, the National Technical Working Group was

formed to steer the VPA process, stakeholder engagement activities were conducted and the FLEGT

Secretariat was set- up to support the NTWG in advancing the VPA process.

In pursuing this process, Guyana aims to formulate a pragmatic VPA which captures the parameters

of strong forest governance, sound environmental principles, legality and wide stakeholder input.

Three negotiations have been held, the first was held in 2012, the second in 2013-2014 and the third

in 2015. Additionally, several annexes (Annexes I, II, III, IV, VI, X) of the VPA have been developed

and are in their draft form. Two projects; the Scoping of Impacts Assessment and the Communication

and Consultation Strategy have been completed and stakeholder engagement activities, a critical

component of the VPA process, have continued.

Subsequent to the second negotiation, the National Technical Working Group commenced work in

June 2015. The 3rd round of National Level FLEGT Consultation Sessions aimed at updating

stakeholders on the proceedings of the third Negotiation while receiving their feedback on the VPA

process and various VPA annexes that were drafted. This document reports on nine of those sessions

held in Region one, seven, eight, nine and ten; Essequibo, Berbice, Imbaimadai, Jawalla, Annai,

Karasabai and Kamarang in 2015.

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Purpose of the FLEGT Session

The Sessions were designed to achieve the following:

1. To introduce, enhance knowledge and share general information on EU FLEGT

2. To present and gather feedback on the following updated documents:

a) Annex 1 - Product Scope

b) Annex II - Guyana Legality Definition (4th Draft)

c) Annex III - Conditions Governing the Release for Free Circulation in the Union of

Timber Products Exported from Guyana and Covered by a FLEGT License

d) Annex IV- Requirements and Technical Specifications for FLEGT Licenses

e) Annex VI - Terms of Reference for Independent Audit of the TLAS.

f) Wood Tracking System

3. To outline the progress of Guyana’s VPA process especially in relation to negotiations

between Guyana and the European Union, the Roadmap for Guyana EU FLEGT VPA process,

stakeholder engagements

4. To specifically highlight the outcomes of the third negotiation between Guyana and the

European Union held in Georgetown, Guyana in April, 2015.

5. To provide a platform for stakeholders to raise concerns, seek clarifications and state

recommendations and expectations pertaining to Guyana’s VPA and its progress thus far.

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Summary of Sessions

The FLEGT Secretariat on August 3rd 2015, commenced National EU FLEGT Consultations with

stakeholders in Hinterland regions of Guyana. . Two teams comprising members of the National

Technical Working Group and the GFC were engaged in discussions with indigenous stakeholders

and forest operators, some of whom included: - Sawmillers, Lumberyard dealers, Regional

Democratic Councils as well as other state forest operators (Miners and Farmers) within the

various areas. The cluster based approach was used for dissemination of information.

This report is based on the clusters completed by team two (2). See table 1 for a list of these

clusters

Schedule

The sessions were based on the 2015 EU FLEGT Consultation Schedule and the Joint Roadmap

for the VPA process.

TABLE ONE (1)

Regions Cluster Date of Meeting (2015) Team Members No. of

Cluster

Berbice July 28th -30th Kenny David (Head of FLEGT Secretariat)

Esther Sam (NTWG-Legal Affairs)

Quintyn Patrick –GFC

Laura Singh (NTWG- Forest Products Marketing

Council )

3

Essequibo August 3rd – 5th Kenny David (Head of FLEGT Secretariat)




Council )

1

Annai August 31st –Sept 1st Kenny David (Head of FLEGT Secretariat)




Council )

Karasabai September 3rd -4th Kenny David (Head of FLEGT Secretariat)




Council )

Imbaimadai August 10th – 11th Kenny David (Head of FLEGT Secretariat)




Council )

2

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Jawalla August 13th -14th Kenny David (Head of FLEGT Secretariat)




Council )

2

Kamarang

September 13th-14th

Kenny David (Head of FLEGT Secretariat)




Council )

1

TOTAL 9

Additionally, GFC Forest Station Officers within the various cluster areas above attended the sessions and

assisted in logistics.

Agenda

Each cluster based session was conducted over a two (2) day period focusing on;

1) Providing a detailed overview and update of Guyana’s VPA process since formal negotiations

started in 2012.

2) Fostering discussions with regards to the 11 Annexes of the VPA, and more specifically,

gathering feedback on the following annexes;

g) Annex 1 - Product Scope

h) Annex II - Guyana Legality Definition (4th Draft)

i) Annex III - Conditions Governing the Release for Free Circulation in the Union of

Timber Products Exported from Guyana and Covered by a FLEGT License

j) Annex IV- Requirements and Technical Specifications for FLEGT Licenses

k) Annex VI - Terms of Reference for Independent Audit of the TLAS.

3) The Wood tracking System and improvements for tracking timber flow throughout the supply

chain were also presented and discussed. This included; accounting for imported/in-transit

timber, GPS co-ordinates and stock inventory for Agriculture Leases and Mining Permits.

4) On the final day of consultation, a small capacity enhancement session was carried out with

the participants to prepare them to conduct a Community Level FLEGT awareness sessions

within their respective villages/community associations. Participants were briefed on the

procedures for reporting feedback to the FLEGT Secretariat taking into consideration;

a) Recording feedback using the feedback matrix,

b) Accounting/budgeting,

c) General logistics preparation and

d) The use of the reporting template and FLEGT Information video to facilitate the meeting.

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Each participant was reimbursed for accommodation, cost of travel to attend the session, and a

subsistence allowance, all for the duration of the session attended. Additionally, in order to conduct

these community level sessions, one representative of a village/community association was

provided with 30,000 GYD to offset the cost of holding such a session.

Stakeholders made useful comments/recommendations/inputs for further development of the

VPA. These were duly noted and will be recorded into the NTWG’s centralized database for

stakeholders’ comments, the “Feedback Matrix”.

Attendance

TABLE TWO (2)

Regions

Cluster areas

Organizations in Attendance

Number of

Participants

(per day)

Gender

(per day)

6

Berbice

Canje Creek Loggers Association

R&L Sawmill

UBFAPA

Amaco Inc

Macadeem Amerally

Sand Hill AVC

Mara Association Group

Orealla Loggers Association

Orealla Village Council

Kimbia Village Council

AVR

Mackbe Sawmill

24

F- 7

M – 17

4 Georgetown Nazir Tropical Timbers

SFP Holders

R. Ruben Sawmill

Linden Agriculture & Forest Producers Association

C.F.P.A.A

U.B.F.P.A

B.B.H.F.P.A

APA

TIGI

Spencer Lumber Yard & Sawmill

Yarrowkobra Coal Burners Association

Iwokrama

Parsaram & Son Lumber Yard

Muritaro AVC

AFAPA

Y SINGH LUMBER YARD

PIONEER INVESTMENTS

115 F-70

M-45

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PARAPIE COOMACA

Choos Tropical Products

West Watooka Natural Resource Association

St.Cuthberts Logging Association

Davos lumber yard

CPT

JETTOS

Liberty Hall Warida Famers

GOIP

EPA

BAI SHAN LIN

G&I Sawmillers

Armapunita community forestry society

Rock stone loggers association

Vaitarna

Variety woods

ECO woods

FTCI

7

Imbaimadai

Jawalla

Kamarang

Imbamaidai Landing

Omanik

Kambaru

Wax Creek

Chinoweing

Kambaru

Jawalla

Phillipai

Quenabang

Kuiku

Paruima

Kako

Wamaradong

Kanwarrawatta

Kamarang compound

17

69

F – 6

M –11

M-22

F-47

9

Karasabai Paipang

Karasabi

Rukumuptu

Tipuru

Tiger pond

Yurong paru

43

M-29

F- 14

9

Annai Surama

Toka

Wowetta

Aranaputa

40 17M-23F

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Annai

Yakarinta

Rupertee

Fairview

NRDBB

Kwatamang

Massara

2 Anna

Regina

Aurora Small Loggers Association

Burabaro Small Loggers Association

New Haven Siriki Sand Association

CVC State Forest Permission

Wakapoa Village Council

Mainstay Loggers association

Thomas Enterprise

Bethany Village Council

Akawani Village Council

EKDA SFP

BSLA

Upper Pomeroon Chain Saw Logging Association

RPLA

Abdool Jamiel Azim

Kabakaburi Village Council

Nandkishore Singh Lumber Yard

ASLA

GHSSLA

M. Insanally SFP

P. Saichara

Kiln Drying Association

CCYDLC

Michael Lowe SFP

Supernaam Fairfield SLA

42 23F-19M

TOTAL 350 167-F

183-M

Statistics are based on the average number of participants in attendance per day over the two (2) day period.

F – FEMALE M – MALE

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TABLE

THREE (3)

Cluster Questions Comments Responses

Essequibo When it comes to the law, how do it apply, how does it filter down?

Even from the source of the timber the law applies, cutting and felling of trees. These Laws are our own and have to be complied with for us to be legal.

Essequibo Why 5 years before we revisit the Agreement?

The VPA should start looking at Nebe and Kofa now

It can be shortened, you don’t want to agree on something then revisit shortly after. Timelines are negotiable. Most VPAs are 5 or 7 years.

Essequibo Would codes be used on the document?

The codes are already used by customs and these would be known worldwide

Essequibo What happens if the agreement is signed and someone wants to ship something to the EU that isn’t on the list?

There must be negotiation between buyer and seller and the buyer will inform the seller what docs. He/she needs to supply. Note the product scope is not limited and other products can be added when the agreement is revisited.

Essequibo Tagging is done as usual. Is there an Independent body that verify or they would take GFC word

When the agreement is signed we agree to the terms of auditing; there will be an independent audit. We have to agree with the EU when the Independent party will come to audit.

Essequibo What makes FLEGT different from VLO, VLC

FLEGT is international while VLO and VLC is company based. FLEGT will however seek to recognize these other certification schemes

Essequibo What happen if you want to transfer materials from one village to another?

It can happen, just inform someone from the GFC of the operation. There must be a unique document to show the movement

Essequibo The use of water way to do extraction; need to clear the creek to bring out produce. How can I bring it out for my personal use?

Concessionaire must be informed and once its for personal (traditional) use then this is okay

Essequibo As it relates to Under age labour, Amerindians are being exploited

Lumber entering the EU without persons being paid is illegal. Amerindians (or any other person) must be paid before the wood enters the EU

Essequibo Small concession doesn’t have money to pay Amerindians before the wood enters the EU. Advances given and persons never show up

Again these are the reasons why you need to have contracts in place; these can be used in the event that there is a problem with payments for example.

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Essequibo What species of lumber is required by the EU?

Broad spectrum… Dried lumber/timber. Value Added Products. At this point we are supplying mainly roundwood and sawnwood but there is work being done with other products the EU may require

Essequibo What about communities that does have a legal title?

They can supply any product they want to the EU once its covered by the VPA- Product list

Essequibo What about villages not demarcated according to the description of the title?

Demarcation is quite critical since it would bring legal origin into question if not in place; these need to be resolved or have a legal arrangement in place

Essequibo Would the monitoring be done before or after export?

Monitoring is not specific to any wood, it’s the system. To make it follow all the policies and procedures somebody will verity when the shipment comes to Forestry. The idea of course is to have the monitoring done before the export to prove legality.

Essequibo EU gives guidelines which we have to honour?

Yes, hence the birth of the Annexes; but to note that the content of these Annexes are up to the partner country

Essequibo If when complete would there be rejection from the EU in terms of the law and any one item which they might not approve?

Basically, once the checks and balances are done in country for the specific products, the EU will not reject. If the license for example has a problem then the licensing authority will resolve the matter

Essequibo Wearing steel tip boots when felling trees, the logger need to feel free as possible in the event something is to happen Recommend light boots, canvas or long boots Gloves, the flexible one and not the stiff one

Essequibo How rigid would the EU be in terms of demarcation when it comes to boundaries?

Very rigid, because you don’t want produce coming from areas where it’s not suppose to. Guyana is also rigid on demarcation.

Essequibo An area which is state lands which will be used by GGMC stakeholders in the future, how can we make use of the trees?

Persons who have mining claims are able to enter the supply chain. SFA holders have first right to timber. These rights can be given to the claim holder by the SFA holder.

Essequibo How long does the verification take in terms of the FLEGT license?

24 hrs. under the current system, 2 days or longer depending on what information we have available. Of course you want a system that is as fast as possible and credible.

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Essequibo Before you export you need receipts, permits etc, in the event you don’t have a receipt?

Clearly a receipt, permit is needed to show origin. If this does not exist then clear reasons for this would need to be provided and verified.

Essequibo If a supplier has his FLEGT License and ship overseas and there is question of the source of shipment, where would the burden fall?

Based on the agreement EU can’t question product at arrival in the EU. However, the burden would fall on Guyana as a country.

Annai Any company uses FSC? Yes and there are others who are looking to use FSC as well in the future.

Annai Has Guyana signed onto FLEGT?

No, we have simply signed an MOU which says we are serious about the Negotiation of the Agreement; the Agreement is still being consulted on.

Annai Is FLEGT discouraging companies from using other licenses?

No its not. IN fact other licenses such as the export license will remain in place; under the law.

Annai How can GFC facilitate Annai with Timber Agreement?

The GFC can provide the relevant training and capacity, once requested, to ensure the logging is done according to established procedures. Agreements are usually between buyer and seller.

Annai How can we be part of the FSC?

Recommend more collaboration with the international communities

Companies cab be part of FSC by contacting the organization and indicating their interest. This first step will clarify what FSC is all about and what needs to happen going forward.

Annai Can GFC sponsor 2 student to attend schooling as it relates to Forestry and FLEGT

GFC has always provided support in this regard and would continue to do so. Of course there are guidelines under which this can happen and these can be discussed in more details directly.

Annai How is FLEGT and LCDS related?

FLEGT was birthed under the LCDS through the REDD+ initiative. Redd+ is seeking to reduce emissions from deforestation and forest degradation. Illegal logging will cause greater deforestation and degradation. So FLEGT helps REDD+ to be achieved

Annai What criteria does the EU use to know our timber is illegal? Would this influence our Forest Act

The criteria for legally is based on Guyana’s laws. If these laws are broken then it is considered illegal under the agreement. This does not influence our forest act except if there are areas where further work needs to be done. This is of course up to Guyana.

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Annai Where is DFID? The local office is located on Georgetown and the contact information can be shared with you. The main office is UK based.

Annai How does FLEGT affect the COP?

FLEGT does not affect the COP except by providing another avenue for checks to ensure it is being followed.

Annai What will happen if you want to export to a country who will be exporting to the EU?

The Agreement is between Guyana and the EU. If the other country wants to export the EU then they also needs to have a VPA or other arrangement in place.

Annai Why aren’t all the conventions listed in the Acronyms?

If some as listed in the document but not the acronym then this needs to be done.

Annai As the Government changes would it affect the agreement? Would it change?

The agreement can remain the same unless the new government wants something to be changed. Of course there has to be good reason for the change/ suspension of the agreement.

GFC should also have copies of the Amerindian Land Title

Annai Why is the minimum age 15 but NIS Registration is 16?

This needs to be relooked at the legal level; there may be a discrepancy which we need to look at. Again these are some of the things which VPAs help to correct.

Imbaimadai In mining there is paper trail is it similar to forestry?

Yes, it is similar

Imbaimadai In terms of illegal logging, what will be ceased the entire produce or just the addition?

The entire produce; usually because it is extremely difficult to say which part is legal and which is illegal.

Imbaimadai What happens to trees once they are removed from an area for mining to happen? The trees are pushed to another area, burned or camps are made with them.

Imbaimadai What would happen if someone strips a log into boards then transport it?

Before the logs are stripped into boards Forestry should be notified so verification can be done. In your case as you pointed out GFC is not in this area as yet

Imbaimadai For Amerindian lands, do they pay royalties?

No, only state forest owners. Amerindians only pay $1 for the permits

Imbaimadai For proposed areas, do they have the same right in cutting and removing timber?

No. For proposed areas, persons working there would be reallocated until an agreement was concluded which gives them rights to the proposed area.

Imbaimadai Would the EU be sending monitoring agents?

After the system is set up there is third party verification. It’s part of the agreement, how

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and when they would check the system. We would also pilot test the system, we don’t want to say the system is working and it’s not. They expect when they come the system is working.

Imbaimadai Who would be responsible in the event something went wrong after the license is issued? ( Shipping of illegal substance in the timber)

Forestry has jurisdiction (we are not qualified to check for cocaine, the law gives us boundaries), we have staff trained to verify quality of produce when it’s done you will be issued a license. The GRA/ Customs also has a role to play before the timber leaves. Guyana will be held responsible if something were to go wrong.

Imbaimadai There should be a group of persons who decide and issues a license. Allows more transparency. If a license is not given there should be a general reason why it wasn’t given

Yes, once a license is not given, there will be clear reason(s) why it was not given.

Imbaimadai Are there other countries in Europe that are not part of the EU?

Yes there are. It’s the 28 countries that we are negotiating with under the VPA who currently make up the EU.

Imbaimadai What’s with the Government and the Value Added Products?

The idea with VAP is the more you add value its more money coming back to you as a country. The persons who get the greater value are the ones who buy and make products from the raw materials.

Imbaimadai Only persons who cut logs are exporting logs?

Yes, the law states only holders of concession can export logs

Imbaimadai There is some mineral under the earth what do we do with these trees? What’s the best path?

Some trees when planted as post would start shooting out

It’s those things we need to discuss further. Burying is an option but we need to consider feasibility and how do we get the best value from the resource.

Imbaimadai Sometimes you mine in one area put aside the timber but you don’t have the time to look over the timber and its gets stolen.

Imbaimadai You have permit there is a third party (loggers) don’t have a concession but want to do logging on your concession for commercial purposes. Do you have the right to stop them?

Yes you do and make contact with the Forestry Commission. Them being allowed to harvest, if at all, needs to go through a process.

Imbaimadai

Imbaimadai 11th Aug 2015

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Imbaimadai If you have a shipment but the shipment didn’t leave and you have some more products you want to add can you add that to the shipment?

When it comes to lumber any one can export but when it comes to logs you need to be a concession holder or part of a reservation

No you can’t add to the shipment what can happen is that license is cancelled and another generated which will cover the total shipment.

Imbaimadai Can a concession holder buy logs from another concession and export?

No, He can only export logs from his concession

Imbaimadai Tagging is something got the EU Initiative or it was something that was there all the time?

It was something that was there all the time; the tagging system was set up since 2000 by Guyana.

Imbaimadai Size of the concession that will be given to the logger?

Size varies depending on the nature of the operation

Imbaimadai In the mining Industry person prospect areas does the same thing happen for the forestry operations?

For large areas, an inventory must be done but for the smaller areas that isn’t always required. Concessionaire are given time to visit the areas to determine the level of stocking/ number of good trees available.

Imbaimadai Going on local marketing looking for wood but there is a short due to export. Is there a system in place for a % of the wood left on the local market for domestic use?

Could GFC impose a condition where you must sell a % to the foreign market? Forestry purchase a percentage and hold it for a certain time but if it don’t sell it can be export and the money used for structural development. *Replicate Gold Board system(Consolidation Yard)

There are 2 Species we limit export on, Crab wood and Locust. If it’s dressed we allow it to be exported. We limited export of logs to who holds the concession If there is a shortage, efforts are made to ensure that local market is adequately stocked. Of course there has to be a balance between what the local market will pay and maybe what you will earn from exports.

Imbaimadai Do Forestry tell you where to find what?

There is general information available on where you would find certain species but you the stakeholder can ask for GFC assistance it getting a better understanding of what trees are available.

Imbaimadai As of now are we exporting timber to the EU

Yes, but under the EUTR which is really about the buyer making it clear what he wants the seller to present for legality.

Imbaimadai If you should find corruption what systems are in place to deal with corruption?

The would bring an impact on the underworld (those who try to smuggle illegal substances)

The implications are significant. If something illegal leaves port GT and reaches the EU it makes the entire country look bad. EU is negotiating with the Government and not

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individuals. The system is brought under questioning.

Imbaimadai Is there going to be any training program for future exporters under the FLEGT Agreement?

Forestry has a training center which can be utilized at your request for training in different areas of forestry.

Jawalla How do we compare or distinguish between FLEGT with the Norway Agreement?

Activities must be done in a way that reduce emission from deforestation and forest degradation under the Norway Agreement while EUFLEGT tries to eliminate illegal logging which will aid in the overall protection of the forest.

Jawalla The VPA, the last GFC we learn about REDD+ they are looking to reduce emission. If EU continues to buy we will never reduce emission. What is the nature of the VPA and EU?

EUFLEGT does not say we have to sell the timber and cut more trees; it says if you want us to buy your timber it must be legal. Even under REDD+ harvesting is still taking place. The elimination of illegal harvesting is a good thing in this regard.

Jawalla Capacity wasn’t there in terms on monitoring mining, how does we guarantee monitoring when it comes to Forestry?

Understand that the GFC does already have a system to monitor the forest and how it is used. This system will be used as the base and built further depending on the level of monitoring we may need under the VPA.

Jawalla Is there any Law when it comes to Forestry?

All ACTS that would be necessary when it comes to FLECT.. Forest Act, Labour Law etc for communities

Yes, the Forest Act is one. There are other laws which also have an impact such as the labour laws.

Jawalla What are the consequences if the license becomes void?

Before the shipment leaves, a license is logged with the EU and one go with the shipment. If it becomes void, then a decision is taken and a new one may be issued

Kamarang Did this organization meet

with everyone?

Yes we are talking to everyone; those

directly and not so directly involved in

forestry.

Kamarang What agreement did the

others come up with?

We want to hear their

suggestion we can make an

input

Again the comments matrix which I will

give to you will help you to see what the

comments are made over the last few

years. Of course once there is ,clear

understanding, you can make your

comments as well.

Kamarang It is our interest as stakeholders

to understand what is said. We

should sign some agreement for

the continuity of the workshop

We will continue to talk to you over time.

We have been here before and have

received inputs from your people. Many

of them are not here. We want continuity

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for those persons who doesn’t

understand.

and we have made some provisions for

this which we will discuss later.

Kamarang Maybe after the workshop the

rep of different communities

come together and discuss

things that we didn’t

understand so we can go back

with one message.

This sounds like a very good idea and of

course we can also clarify key areas if not

understood.

Kamarang Is there any funding from

the EU to the government

of Guyana and is it related

to LCDS?

Yes there is some funding on FLEGT and

FLEGT related projects. This is not

directly related to the LCDS although

some of the monies are coming from

Norway.

Kamarang What species of Lumber

can we supply EU with?

Mostly tropical hard woods which has

traditionally has a god place on these

markets. What they are looking for is still

open. What we are trying to do now is

promote lesser used species as well.

Kamarang Are they using Guyana, in

terms of Guyana having the

largest Jaguar and lily?

For the EU it’s all about promoting the

trade. As I indicated, FLEGT is simply

making the path to trade easier. How

much trade happens over time is

controlled by many factors.

Kamarang Our seniors are well informed

and I feel disadvantage as youth

even though I’m on the net

every day I have never seen

anything on EU FLEGT.

On that note you should ideally visit the

GFC website where there is a lot of

information which can be found on the

process in Guyana

Kamarang Young persons can be trained

so they can come back and

inform others in the villages?

Kamarang What quota is required by

the EU

The EU does not set any quota, it’s the

GFC who works out your quota and you

cannot cut more than was calculated.

There are checks to ensure you do not over

harvest as well.

Kamarang Seeing we have the LCDS,

if we would not as a country

exploit more than what is

set

Again you need to remember that the

LCDS never says to stop cutting. WE are

allowed to harvest up to a certain limit.

FLEGT simply allows us to access the EU

market within the same cutting limit; in

other words we can chose to sell our

product to another market. We will not

Page | 20

over harvest. Please remember our laws

say we cannot over harvest.

Kamarang When villages have to

agree to supply the market,

I saw in the document we

have to pay royalties.

We have manage community lands and

we have never paid royalties.

Once lumber/logs are for sales according

to the regulations royalties have to be

paid.

Kamarang GFC can sponsor youth so they

would be able to come back and

assist the other in

understanding Forestry.

Funding isn’t available to send

our youths to further their

education.

Kamarang Are you saying that Guyana

and the EU are in the

negotiation stage or an

Agreement has been

signed?

We are still negotiating, we don’t want to

tell the EU we are doing “X” and we are

not, hence nothing was signed and all the

documents are in draft stage. You will also

have a chance to see the document which

we are going to sign and be allowed to

make comments.

Kamarang Though we may not be

involved in logging we can

make recommendations

You can make recommendations, note not

everything is taken on board; there will be

times where compromise will be on both

sides. If not, we explain why it cannot be

taken.

Kamarang Even though we don’t do

logging concessions are being

given out. For example, when

laws are being changed we are

not involved we just hear about

what happen and will happen,

persons are given permission to

mine

You have to look at one law against

another to make sure there is no conflict.

Consultation must be done with the

relevant stakeholders. I have seen

indication that the Government wants to

involve stakeholders. FLEGT is one law

where stakeholders are involved in its

formulation

Kamarang Interpretation of the ACT is

what we have conflict with.

Kamarang Any deadline for the

agreement?

March 2016 – we want to sign

the documents ( compiled

documents)

March – Dec 2016, you will be

able to make inputs

Kamarang EU should establish some

office to check to make sure no

illegality happens

Note that there is an EU office here and

they will play a role is setting up the

system. Once the system is set up, only

periodic checks will be done. It is

Page | 21

expected that the systems in place will

function as they should.

Kamarang Is Amerindian lands

considered private lands?

No. The laws defines private lands as

separate from private lands. They are still

your lands and the timber to be used by

you how best you see fit.

Kamarang If we want to do logging,

the Village Council will

have to do tagging?

Yes they will. It’s the only way we can be

sure of where the timber is coming from.

Kamarang What about communities

that are not demarcated but

have a valid title

We know our boundaries and

the people in the office don’t

Find the description on the

legal title which should be with

the plan.

Communities has to be demarcated, what

will be accepts is what is on the title

document.

Kamarang Areas that are savannah

lands that are village. Can I

apply for a concession out

of the Savannah?

Yes, it actually happen e.g. Mainstay has

a piece of state land. Under the state land

we can’t cut bullet wood but on village

lands we can cut any amount.

Kamarang From experience, enforcement

has the problem and not the

law. Mining get into conflict

with communities and no one

enforces the law

Kamarang Do we have enough people

to monitor what is

happening in out areas?

Even if we have they should

be updated.

Provide: Labour ACT, Safety

and Health

There is a need for more human resources

but this is also being looked at under the

arrangement.

Kamarang When the lumber is ceased

who controls the illegal

stuff? Who owns it legally?

The produce is then in the custody of the

state. The issue can be resolved by the

court of an agreed compensation can be

paid for the produce to re- enter the supply

chain.

Kamarang What percentage of the

Amerindian understands

what is being said?

I do believe that there is greater

understanding now that this session has

taken place. Based on the questions asked,

clearly there are many who are on par with

what is being said and have made useful

contributions already. Again as some of

you indicated, many persons in times past

did not return to communities with what

they has learned and hence the process has

not been as effective as it should have

been.

Page | 22

Kamarang Even if we get the ACT

understanding the ACT

may be difficult

To get a full understanding make

arrangement with the Chief Labour

Officer and let them guide you. Again

there are some basic areas where it may be

possible to receive some funding for.

Georgetown Will the VPA subject

stakeholders to a one off

licensing as with the case of

the EXPORT licenses or is

there a renewal process for

each export?

Every shipment will require a new license

but the license is based on the shipment

being cleared for export to EU

Georgetown Will non EU markets

require the FLEGT

licenses?

Non EU shipments will not require a

FLEGT license, this is strictly for the EU.

Georgetown How aware are the GFC

Forest officers on ground of

the FLEGT VPA process in

Guyana?

There are plans for similar sessions to be

held in house to make officers more aware

of FLEGT.

Georgetown Has Guyana been

requesting certificates for

imported timber, how do

we keep abreast with those

imports?

No system has been put in place to deal

with importation of the Timber in terms of

certification, however, this is currently

being looked at at the level of the Guyana

revenue authority.

Georgetown Can we add products such

as NTFPs to the product

list?

Yes, more products can be added to the

list currently being negotiated.

Georgetown For logs being approved by

GFC but rejected by buyer,

can the tags be reused for

new produce to be

exported?

No tag can be reused for newly harvested

produce. Each tree will have a tag attached

to stump and produce after being

harvested, hence whatever is cut from that

tree should carry the particular sequence

of numbers, and this should not be

replicated.

Georgetown In terms of tracking timber

and movements without

documents, how do we deal

with produce coming from

the forest on several

transportation?

More than one trucks can used on one

removal or transshipment permits

document , provided that that movement

is in a convoy, or a trip sheet is issued in

conjunction with a permit that allows for

multiple transportations

Georgetown How will the VPA benefit

us financially, will the

market in Guyana be

preferred over other

markets as a result of

signing onto the VPA?

The FLEGT license will allow for

stakeholders to tap into the European

market which will otherwise be

inaccessible without the licenses .a market

that will eventually become wider and

more demanding.

Page | 23

Georgetown What percentage of

stakeholders input is there

in the development of the

documents currently being

used for the VPA

negotiations?

All documents are as a consequence of

stakeholders’ input, after consultations on

current documents, amendments are

made, and these changes are reflected in

the matrix of comments that shows what

comments are taken on board and what

were not and why.

Georgetown Legal piece of wood looks

the same as an illegal, in

such cases what systems

will be put in place to

distinguish between the two

and ensure compliance?

Mechanisms employed by the GFC are

the use of hammer branding which carries

a unique number, in addition to the spray

paints for lumber. For logs the unique tag

sequence is used via bar code scanner.

Georgetown Some Amerindians are

accustomed to using

poisonous substances for

fishing ,this we know can

cause damage to other

underwater animals and

people who utilize the

stream ,What about the use

of poisonous substance for

fishing for traditional use ?

The use of poisonous substances for

fishing by indigenous peoples is not a very

prevalent practice, however, because of

the effect it may have on other environs

this practice will be looked at in greater

details.

Georgetown What is the difference

between Amerindian and

Indigenous peoples, what is

traditional use according to

the Amerindian /indigenous

people?

Georgetown Has forestry been

approached by non-

traditional people for the

use of the forest produce

apart from logging?

Yes, persons have approached forestry for

uses such as fishery, charcoal, agriculture

and tourism.

Georgetown In terms of land clearing

and the practice of slash and

burn by indigenous

communities, what is the

prevalence of this activity

and how is this dealt with

by the forestry

commission?

For blocks being allocated

for mining, there are times

when trees are cut for

traditional purposes

The normal procedure for this is for the

Amerindian village write a letter of

request to the GFC seeking permission to

cut in a named quantity who will then

Page | 24

without the permission of

owners but has to be

accounted for by the

holders in terms of tagging,

how do we deal with these

stumps in cases where GFC

would institute fines?

issue tags for the required amount that is

provided it’s for non-commercial use

Georgetown Can the GFC have more

sessions to enlighten the

stakeholders of the VPA so

that better management

practices can be employed

by stakeholders?

Yes the GFC will try as best as possible to

accommodate stakeholder’s sessions

across the country on FLEGT.

Georgetown Are there currently any

restrictions for produce

from Guyana to the EU

market?

There are restrictions currently to the EU

from Guyana.

Georgetown Who will be held

accountable for third party

negotiations when the chain

of custody for a particular

shipment that maybe

confiscated by forestry?

GFC doesn’t get involved in third party

negotiations simple, however, for

confiscated timber the licensed holder will

be held accountable for any confiscated

produce.

Georgetown What can the GFC do about

third party agreements that

have been breached for any

particular export produce?

GFC doesn’t get involved in third party

agreements, however, if the need arises

GFC can act as a mediator for the parties

involved to resolve conflict should they

require the assistance. Parties can and are

encouraged to use written contracts before

entering into business.

Georgetown For the VPA is it possible

for a third party to do

verification checks for

custody as outline by the

COPS?

Yes it is possible for an independent party

to do verification checks.

Georgetown Who issues a custody in

event of FLEGT licenses

being found to be tampered

with?

Georgetown How would the IFM deal

with situation where there

is un-verified logs found

during their audit?

That is considered as timber found adrift

hence its will be considered state property

Page | 25

Georgetown What section of the LAS

will the EU focus on in

there verification?

Georgetown What will be the validity of

the FLEG license

Each shipment will require a new license.

Georgetown How will the VPA deal

with breaches unearthed

after a shipment has left the

shores of Guyana?

Georgetown What support measures are

needed to ensure the

systems currently in place

are working and will

continue to work?

Georgetown In light of illegality

occurring in the forest how

can we ensure 100%

verification?

Though not equipped with the proper

mechanism to ensure 100% verification

through our checks and balances and

audits ,random sampling of each area is

done that gives a fair idea of what happens

on ground

Georgetown

What’s the deadline of the

submission of the draft

documents?

Like the other Annexes of the VPA, there

are specific deadlines which are given to

allow for the actual document to be

developed. However, the documents are

subject to change until the VPA is signed.

It is extremely important that stakeholders understand the basic concepts so that they are able to

make meaningful contribution during discussions. The National Technical Working Group, having

recognized that stakeholder feedback/input is hinged on their awareness of the EU FLEGT VPA,

has made significant strides to ensure that each cluster based consultation session starts with the

presenter providing a baseline understanding of What FLEGT is, what it seeks to achieve and

Guyana’s involvement in the VPA process since 2012.

This first presentation therefore sets the proverbial “stage” for all other discussion which follows.

Nevertheless, in order to provide this “baseline Understanding”, for the first part of the

presentation, the presenter fostered discussions on the following;

Page | 26

a) The meaning of the acronym F.L.E.G.T V.P.A in relation to the EU FLEGT Action Plan, the

initiative and response to curb illegal logging.

b) The negative impacts of illegal logging and the EU’s move towards gradual reduction in the

trade of illegal timber and timber products

c) The synergies between REDD+ and the EU-Guyana FLEGT VPA

d) Addressing the issues of illegal logging; economic, social and environmental damages through

FLEGT.

e) Development of the Voluntary Partnership Agreement as it relates to;

Establishing a working timber legality assurance system

Its adaptability to in country circumstances i.e. different laws and different forest

management operators.

Negotiations with both local and international stakeholders to determine what is

legal, what is implementable and what works

3rd party verification and Joint Peer Review (Guyana and EU) to check the system

and monitor its operation against agreed standards.

f) Countries involved in FLEGT – Countries that have shown an interest in FLEGT, those that

are in negotiations and those that have already signed a VPA.

g) Benefits of FLEGT to Guyana

Having broadened the audience’s knowledge on the FLEGT through discussions on the point listed

above, the second part of the presentation sought to focus more on Guyana’s progress to date on

the EU FLEGT VPA since March, 2012 when a policy decision was made to enter into negotiations

with the EU for a VPA.

As part of the update, the following points were discussed;

a) The Guyana Forestry Commission being identified as the lead agency for the process and its

involvement in the development of the VPA

b) The formation of the National Technical Working Group (NTWG), an outline of its thirteen

(13) member agencies and a description of the group’s function in relation to advancing the

VPA process.

c) The formation of the FLEGT Secretariat, its composition and location, and its objectives.

Page | 27

d) Development of the Joint Roadmap and Key Milestones achieved thus far; status of

development of annexes (whether drafted or not), EU-Guyana Negotiations , Technical

Meetings (Video Conferences) and Technical Sessions (with the European Forest Institute)

e) Status of EU FAO FLEGT Projects, and what they entail – Specifically,

Completion of the Scoping of Impacts Assessment

Finalization of the Communication and Consultation Strategy (COMSTRAT)

f) Brief overview of all drafted annexes (Annex 1 – Product Scope, Annex 2 – Guyana Legality

Definition, Annex 3 - Conditions Governing the Release for Free Circulation in the Union of

Timber Products Exported from Guyana and Covered by a FLEGT Licence, Annex 4 -

Requirements and Technical Specifications for FLEGT Licences, Annex 6 - Terms of

Reference for Independent Audits, Annex 10 – Information to be made Available to the

Public).

g) Expected dates for completion of the 1st draft of all remaining annexes.

h) An update on the 2013/2014 round of National Level Stakeholder Consultation - the key items

discussed (and to which feedback was received on), the way in which consultations were

carried with regards to the use of the COMSTRAT and respect for stakeholders’ FPIC,

NTWG’s involvement and statistics in terms of completed clusters and number of stakeholders

targeted.

i) Development and use of the Feedback Matrix to capture information received during

consultation and map changes in the Legality Definition by stakeholder input.

j) 2015 NTWG consultation on Annexes II, VI and X

k) Support mechanisms for the VPA process i.e. the involvement of donor agencies; FAO, EFI

and DFID with regards to financial aid and the provision of technical expertise; EFI’s technical

team and the development of a FLEGT Facilitation Support office to lend technical support to

the development of key VPA annexes.

l) Parameters of the VPA which focused on the coverage of FLEGT Licenses under the EU –

GUYANA FLEGT VPA, the development of the VPA by building on the existing Legality

Assurance System of Guyana and the use of the VPA TLAS with regards to domestic and

export markets.

m) Next steps – Key Milestones to achieve in the coming months as stated in the Joint Roadmap.

Page | 28

Presentation two (2) - “VPAs: The Bigger Picture”

This presentation was solely based on the eleven (11) annexes of the EU – Guyana FLEGT VPA.

Being of a technical nature, the main objective of the presenter was to outline in the best possible

way (where stakeholders can understand what the annex is about and make recommendations or

comments on its contents) how each annex describes in detail the practical steps for implementing

the core commitments in the VPA.

The following annexes of Guyana’s VPA were discussed during this presentation;

1) Annex I – Product Scope

2) Annex II – Guyana Legality Definition and Regulatory Framework

3) Annex III - Conditions Governing the Release for Free Circulation in the Union of Timber

Products Exported from Guyana and Covered by a FLEGT Licence

4) Annex IV - Requirements and Technical Specifications for FLEGT Licences

5) Annex V – Description of the Guyana Timber Legality Assurance System (GTLAS)

6) Annex VI - Terms of Reference for the Independent Audit of the GTLAS (drafted)

7) Annex VII – Implementation Schedule

8) Annex VIII – Supporting Measures for Implementation

9) Annex IX - Criteria for Assessing the operationality of GTLAS

10) Annex X – Information to be made Available to the Public

11) Annex XI – Joint Monitoring and Review Committee (JMRC)

Stakeholders were provided with a copy of all drafted annexes before the date of the scheduled

meeting so that they have ample time to peruse the documents and make provide informed

feedback on the date of the meeting. All drafted annexes were discussed in detail with the full use

of each of the actual document. These drafted annexes are; Annex I, II, III, IV, VI and X.

Additionally, despite not having a physical document for the remaining annexes (which were not

yet drafted – Annex V, VII, VIII, IX and XI), the presenter ensured that participants understand

the core concepts of each those annexes (in relation to the VPA), what they seek to do and what

they are likely to entail in terms of content. By doing this, participants were able to make

Page | 29

recommendations on what they feel should be included in the first (1st) draft of these annexes. This

helps the NTWG to understand the expectation of the various stakeholder groups even before the

annex has been drafted and will thus assist greatly on what its contents will be.

At the end of the presentation, participants were able to have answers to the following questions;

1) What are the products covered under the EU – Guyana FLEGT VPA?

2) What are the different sources of timber covered under the Guyana Legality Definition?

3) Under this annex, what will the EU competent authorities do on receipt of a FLEGT license

from Guyana?

4) What is the general format of FLEGT License?

5) What are the components of the Guyana Timber Legality Assurance System (GTLAS)?

6) How often will independent audits be carried out in Guyana under the VPA and why?

7) When does Guyana expect to commence the implementation phase of the VPA and how

long after then will FLEGT license timber from Guyana be on the export market?

8) What are some of the supporting measures assistance can be granted for under Annex VIII?

9) How does this annex IX relate to the EU under the VPA?

10) In VPAs signed to date, what does the lists of information to be made available to the public

often include?

11) What is the JMRC and what does do in relation to the VPA?

Presentation three (3) - “Guyana’s Wood Tracking System”

Recognizing that “Supply Chain Controls” is one of the five (5) main components of the Guyana

Timber Legality Assurance System, the need to ensure that stakeholders are aware of the

importance, structure and procedures of maintain traceability of timber and timber products

throughout the supply chain is ever present regardless if a stakeholder does not currently form part

of the commercial supply chain. This was based on the premise that some stakeholders, though not

engaged in commercial trade of timber in Guyana or do not export directly to the EU, have the

potential to become part of the commercial timber flow of the country as financial resources

become readily available and the demand for timber from Guyana increases. As a result, it was

Page | 30

essential that stakeholders understand beforehand the various requirements that must be met in

order to transport and sell timber and timber products both domestically and internationally.

To do this, a presentation on Guyana’s National Wood Tracking System was made at each cluster

based session. The presenter commenced the presentation with the following questions;

a) What is a Wood Tracking System?

b) What does it do?

c) How does it work?

By soliciting feedback from participants to answer these simple yet pivotal questions, the presenter

was able to;

a) Determine stakeholders level of awareness of the Guyana National Wood Tracking System

and

b) Whether or not stakeholders form part of the commercial supply chain of timber.

The presentation focused heavily on the nine (9) critical control points at which wood-flow is

monitored. These critical control points’ help to ensure the integrity of wood flow by maintaining

legality of the produce through a system of documentation and field verification exercises which

all form the basis for a good system of traceability. The critical control points which were discussed

in detail are;

Page | 31

These critical control points were also discussed by drawing on the relevant indicators of the

Guyana Legality Definition so that their synergies within the Guyana Legality Assurance System

can be brought into perspective. The following questions under each control points were answered;

Source of Timber and Allocation of Logging rights

What are legally designated areas from which wood is sourced?

Stock Inventory

What are the different types of inventory which are required to be done by relevant Forest

Management Operators (FMOs) before harvesting commences?

Log production

How does the approval to harvest, the issuance of tags and the determination of the volume allowed

to be extracted from the source area correlate with log production?

Tree Felling

How does tree felling differ in relation to the different sources of timber?

Log Transport

What removal documents are required for the different FMOs in order to facilitate the

transportation of timber outside of the concession?

Page | 32

Confiscated Timber

What is the legal pathway that produce suspected to be in breach of regulations must take in order

to be allowed to re-enter the commercial supply chain?

Primary Processing and sale of timber

How does the Guyana Forestry Commission monitor inputs and output volumes as a tool (through

a system of reconciliation) to establish the legality of wood kept and sold at processing facilities?

Export of Wood Products

What is the process an exporter must go through, and the various export documents that must be

filled and verified in order for a shipment of wood to be cleared for export?

In transit Wood Products

What are in transit wood products and how does Guyana ensure it does not get into the local supply

chain?

Imported wood products

What are the main documents required for imports and the System of Procedures of the Guyana

Revenue Authority for clearing imports?

Additionally, the correct procedures for using tags, conducting scaling exercises to determine key

volume measurements and recording this information unto the production register were also

individually described. The different GFC inspections which are carried out in relation to the

determination of legality along the supply chain were also briefly mentioned. These GFC

inspections include;

a) Monthly Stump Inspection

b) Impromptu Inspections

c) Check – in transit verifications

Presentation four (4) - “The Guyana Legality Definition”

Page | 33

Being the first (1st) component of the Guyana Timber Legality Assurance system (Annex V-

GTLAS), the NTWG felt that it was necessary to foster a more detailed discussion on the Guyana

Legality Definition (Annex II) has it is arguably one of the most important annexes forming the

basis of the VPA, and having a significant impact on all stakeholders involved in the commercial

supply chain of timber to the European Union (EU). As previously mentioned, Annex II seeks to

answer the question; “What makes timber legal?” As a result, based on the different FMO types

which were present in the audience, the presenter would select the relevant Legality Matrix that

will be discussed; indicator by indicator. The advent of the legality definition as a product of

Indictors established for Independent Forest Monitoring under the Norwegian Agreement was also

mentioned to build an appreciation/support for Guyana’s existing system; one that is deemed both

credible and advanced by EFI and IFM audits.

Firstly, the structure of the Legality Definition with regards to Principles, Criteria, Indicators,

Verifiers and Legal References were all discussed to show the relationship between compliance

and verification of compliance. This presentation focused heavily on the different Forest

Management Organizations (or source of timber) and the development of specific matrices.

During the discussion of any Legality matrix for any particular FMO, the presenter stressed on;

a) Guyana’s land allocation system

b) Land tenure and use rights

c) Verification of legal rights to harvest and trade

d) Social and Environmental requirements

Additionally, description of the Legality matrix focused on;

a) The FMOs’ compliance with Forest Operation Obligations

b) The FMOs’ legal rights to harvest and respecting of other parties legal use rights

c) The FMOs’ compliance with fiscal and social obligations

It was also important to note that while this annex is still in its draft form, stakeholders have the

chance to make recommendations or provide feedback through different channels on its content,

but are encouraged to have an appreciation for the same as much consultation have been made

with key stakeholder groups in the forest sector and civil society; both within Guyana and

Page | 34

internationally, seeking feedback. These included; loggers, logging associations, Amerindian

communities, saw millers, timber exporters, Government Agencies and other stakeholders.

It was important to note that the Legality Definition is country specific, is based on the National

Laws of Guyana, and that the requirements of the GLD are what the stakeholders agree to over the

duration of the VPA negotiation.

Apart from explaining the Legality Matrix, the presenter also took the opportunity to detail the

relevance of the Regulatory Framework which supplements the applicability of the Guyana

Legality Definition. All requirements of the GLD which must be met for each FMO must be met

based on applicable National Laws. These applicable National Laws make-up the Regulatory

Framework of the EU – Guyana FLEGT VPA.

Additionally, some of the recent updates to the framework were also discussed. These include;

• A new Forest Act was developed 2009.

• Code of Practice (COP) for Processing operations, 2012

• COP for Mining and Agriculture areas, 2014

• COP for TSAs and WCLs, 2014

• COP for SFPs, 2014

• COP for Amerindian Villages which is being developed - and will seek to establish a set

of minimum standards for these operation types in keeping with General SFM Principles

Presentation five (5) - “Independent Monitoring”

Additionally, Independent Monitoring forms the final component of the Guyana Timber Legality

Assurance System and was therefore subjected to a separate presentation as the Guyana Legality

Definition and the Wood Tracking System. During this presentation, two main annexes were

discussed;

1) Annex VI - Terms of Reference for the Independent Audit of the GTLAS (drafted)

2) Annex IX - Criteria for assessing the operationality of GTLAS.

Discussions on these two annexes together helped stakeholders to understand that the Voluntary

Partnership Agreement will operate through a system of consistent checks, and where 3rd party

Page | 35

verification is essential to ensuring the operationality of the system and by extension, its integrity

to be able to curb illegal logging over the long term.

Understanding fully that stakeholders might not know the meaning of Independent audits, it was

therefore essential to use various analogies and scenarios common in Guyana to provide a baseline

conception in order to facilitate discussions around the above annexes. Independent Audits under

the VPA were often compared to IFM audits under the Norwegian agreement as stakeholders were

aware that the disbursement of funds under this agreement is only possible if Norway can conclude

that Guyana is sustainably managing its forest by Reducing Emissions from Deforestation and

Degradation – REDD+.

The following points were important to mention;

a) The Independent Auditor (IA) is not part of the country’s premier forest sector regulatory

body (GFC), is not engaged in forest management in Guyana (e.g. logging) and is not a

part of the Government.

b) Independent Monitoring aims to provide credibility to the FLEGT licensing scheme by

checking that all aspects of Guyana’s Legality Assurance System are operating as intended.

The IA is therefore responsible for checking the operationality of the;

Guyana Legality Definition

The National Wood Tracking System

Verification systems

Licensing systems

c) The IA points out systemic failures identified in the VPA-LAS and provides professional

advice/recommendation to mitigate such failures

d) Guyana’s proposal to the EU is to expand the role of the IA conducting IFM audits to also

carry out Independent Audits under the EU-GUYANA FLEGT VPA.

e) Two types of Independent audits will be done;

During the implementation phase of the VPA (commencing 09/2016 – 09/2017),

Guyana will be subjected to its first VPA audit with the aim of determining whether

Page | 36

or not all of the components of the GTLAS are in place. From when the first FLEGT

License has been issued (considering that the 1st audit was successful and all

components were in place), an annual audit will be carried out every year after the 1st

audit to determine whether or not the components of the GTLAS are working as how

they were designed to work.

Annex VI -outlines the scope and principles of the 1st independent audit in Guyana

under the VPA, and to frame these in the terms of reference for the auditor.

Annex IX – this annex details the scope of a joint assessment to check that systems

are functioning as intended and to assess preparedness of EU authorities to handle

license vérification as goods enter Europe.

f) There will be transparent, publicly available information on the procurement process and

a credible system for engaging the services of the IA (Bidding).

g) The third-party monitor must have considerable experience in forest management, chain of

custody verification, audits, and has requisite qualifications.

h) Civil Society can play roles in relation Independent Monitoring.

i) The IA must preparing both detail and summarized report of all findings for public

consumption.

j) The IA reports to the JMRC

k) The auditor shall act objectively and should reject any political, commercial, financial and

other pressures that could compromise their impartiality.

Given the fact that Annex VI has been drafted, it was necessary to go through the entire

document focusing on the following;

a) Required qualifications

b) Independence from interests linked to the forest sector

c) Relations with stakeholders

d) Tasks, methodology and sources of information

e) Reporting principles, procedure and schedule

Conclusion

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Since entering into formal negotiations with the EU in December 2012, Guyana has been making

significant strides to ensure that the EU – Guyana VPA process continues to advance, and that key

milestones established within the Joint Roadmap are achieved based on agreed timelines. Through

hard work, perseverance and commitment to the process, the NTWG and FLEGT Secretariat has

been maintaining this momentum and will continue to work steadfastly to improve trade relations

between Guyana and the EU for our timber and timber products.

The EU FLEGT program requires that all stakeholder groups be represented adequately throughout

the process, both at the local and international level. Recognizing this, the NTWG and FLEGT

Secretariat actively promotes wider stakeholder input/participation as testament to a successful

VPA. Every consultation session is structured in such a way that it indorses; transparency,

ownership of the process, Free Prior and Informed Consent, accountability, and fosters

collaboration. This helps to ensure that stakeholders have a fair and equal opportunity to voice

their concerns and issues with the surety that these concerns and issues will be discussed at a high

level so that progress can be a realistic goal.

FLEGT sessions are no longer seen as just forums to consult with stakeholders but has become the

premier platform for building stakeholders’ capacity on sustainable forest management and

National Laws in Guyana and to acknowledge FLEGTs’ support in this regard. This knowledge,

being transferred to key stakeholders groups therefore adds positively to the way different

stakeholders approach legality in Guyana, and further cements the concept of FLEGT and what it

seeks to achieve over a longer term.

Therefore, in conclusion, Guyana will continue its efforts in promoting FLEGT among the

different stakeholder groups; both private and public with the aim of having holistic development

of the VPA process through active stakeholder inclusion. The 3rd round of Consultation for the

year 2015 (06/2015 – 10/2015) for the Amerindian Villages; Moruca, Mabaruma, Port Kaituma,

Bartica, Kato, Campbelltown, Lethem, Aishalton, Kwakwani has surely been a success with

regards to feedback.

Next Steps

Publication of Consultation session report - After approval from the National Technical

Working Group, the report will be published. Reports will also be sent to communities.

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Discussion at the National Technical Working Group Level – These discussions will

analyze the feedback received from stakeholders to inform future activities.

Follow-up with participants who had requested further information.

Table major concerns at the 4th EU – Guyana Negotiations

Pictures of Sessions

REGION ONE (– Jawalla)

REGION ONE – Imbaimadai

REGION (2) – Anna Regina (RDC Building)

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REGION SEVEN (7) – Karasabai

REGION EIGHT (8) –Annai

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REGION (4) – GEORGETOWN

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REGION (6) – BERBICE

REGION TEN (10) – KWAKWANI (Empowerment Centre)

Page | 42

KAMARANG REGION (7)

Documents

EU FOREST LAW ENFORCEMENT GOVERNANCE AND TRADE