Deforestation and illegal logging: The role of judicial professionals

Tint Lwin Thaung, RECOFTC-The centre for people and forests

CONTENTS

• THE STATE OF ISSUES (MAGNITUDE)

• 5 CONTRIBUTING FACTORS

• 4 STRATEGIES FOR BETTER LAW COMPLIANCE

• RECENT CHANGES IN MAJOR PLAYERS

• EXAMPLARY ROLES

Source: State of the world forests 2011

MAGNITUDE

• 70-100 M M3 PER YEAR FROM ASIAN MAIN TIMBER PRODUCERS ARE ILLEGAL

• 53 M M3 OR 13 % OF TOTAL TIMBER IMPORT TO G8 COUNTRIES ARE ILLEGAL

• 15 BILLION USD IN LOST REVENUE IN ADDITION TO LOSS OF ECOSYSTEM SERVICES, SPECIES, HABITAT, INSTABLE RURAL AREAS AND ARM CONFLICTS

Photo: Greenpeace/Paul Hilton

The Solomon Islands

FIVE FACTORS TO ILLEGAL LOGGING

1. Flawed policy and legal framework

2. Minimal enforcement capacity

3. Insufficient data and information about forest resources and illegal operations

4. Corruption in private and public sectors

5. High demand for cheap timber

Source: FAO Forestry Paper 145

Singapore Brunei Malaysia Thailand Indonesia Vietnam Philippines Cambodia Laos Myanmar0

1

2

3

4

5

6

7

8

9

10

Source: Transparency International

Corruption index of 10 ASEAN member countries

FOUR STATEGIC ELEMENTS FOR BETTER LEGAL COMPLIANCE

1. Address underlying causes of illegalities

2. Prioritize remedial actions

3. Assess economic flexibility and social acceptability of reforms

4. Ensure stakeholders participation

Source: FAO Forestry Paper 145

RECENT CHANGES

• LEGAL AND MARKET MECHANISM IN CONSUMER COUNTRIES

• RECOGNITION AND SOME POLICY CHANGE IN CHINA, INDONESIA AND OTHER MAIN PLAYERS IN ASEAN

• DEMAND FOR LEGAL PLURALISM RECOGNIZING INDIGENOUS RIGHTS AND CUSTOMARY LAW

EXAMPLARY ROLE

• IMPROVE LEGAL FRAMEWORK TO BE TRANSPARENT, SIMPLIFIED AND PARTICIPATORY

• ROLE MODEL FOR OTHER COORDINATING AGENCIES

• KEEPING ABREAST WITH CHANGING CONDITIONS

• FREE FROM ANY INFLUENCE

READINGS

• BEST PRACTICES FOR IMPROVING LAW COMPLIANCE IN THE FORESTRY SECTOR (FAO FORESTRY PAPER 145) WWW.FAO.ORG

• ILLEGAL LOGGING: CURRENT ISSUES AND OPPORTUNITIES FOR SIDA/SENSA ENGAGEMENT IN SOUTHEAST ASIA (RECOFTC) WWW.RECOFTC.ORG

THANK YOUTHANK YOU