mise en page 1 - loggingoff.info · the eu's flegt action plan aims to improve forest...

Briefing note

February 2017 page 1-8

Photo

SA

ILD

FLEGT-VPA Cameroon-European Union :

Overview of 6 Years of Implementation

In response to international concerns about the im-pacts of illegal logging and associated trade in tro-pical countries, the EU Commission adopted in2003 the FLEGT Action Plan (Forest Law Enforce-ment, Governance and Trade). Among other mea-sures adopted in the FLEGT Action Plan, there is inhighlight the signature of bilateral trade agreementscalled Voluntary Partnership Agreements (VPAs).The VPAs are concluded between the EuropeanUnion (EU) and a timber producing and exportingcountry. Their objective is to contribute to improvingforest governance in thesignatory country and toensure that timber and de-rived products importedinto the EU meet all theregulatory requirements oftheir country of origin. TheVPAs set out commitmentsand actions for both sidesto curb illegal logging andimplement an approach to identifying legally pro-duced timber through licenses/authorizations issuedby the signatory countries and exported to the EU.The agreement, once concluded, legally obligesboth parties to trade only timber and timber pro-

ducts whose legality is verified.Cameroon, in its drive to combat illegal logging in20071 , entered into formal negotiations with theEU to sign a VPA. The latter resulted in the signingin October 2010 of a FLEGT-VPA which enteredinto force in December 2011, following ratificationand notification by both parties2. This VPA will ultimately provide a legal frameworkto ensure that all timber and timber products fromCameroon to the EU are produced or acquired le-gally3 . It focuses on the establishment of a FLEGT

licensing regime betweenthe two parties which cor-responds to the introduc-tion of a set of require-ments and procedures toverify and certify, by meansof FLEGT authorization,that timber and productsshipped to the EuropeanUnion are produced and

acquired legally4. The FLEGT licensing scheme is based on the esta-blishment of the Legality Assurance System (LAS),which includes compliance checks to provide assu-rance that timber and timber products for export tothe EU are legally produced or acquired and thatFLEGT licenses have not been issued for shipmentsof timber that is not produced or acquired legallyor is of unknown origin. This system also includesprocedures to ensure that timber of illegal or unk-nown origin does not enter the supply chain5.

1 This period was preceded by a pre-negotiation phase

(2005-2006) which was carried out informally. 2Cameroon, by a presidential decree signed on 9 august

2011, ratified the FLEGT-VPA 3See article 2 Cameroon-EU VPA4Article 4, paragraph 1 of Cameroon-EU VPA5Article 9, paragraph 1 of Cameroon-EU VPA

Ph

oto

SA

ILD

The FLEGT licensing scheme is

based on the establishement of

the legality verification system.

FLEGT-VPA :Overview of 6 years of implementation

Abandonment of timber in forest is illegal

Briefing note


Annex IX6 of the Agreement lists a number of acti-vities and sub-activities, as well as timelines, to fa-cilitate the implementation of the VPA. The three-year preparatory phase (2010-2013) was to leadto the issuance of the first FLEGT Licenses/Authori-zations7 . Six years later, no authorization has beenissued! Pressing questions come to the minds of those in-volved in this sector: Why are the first FLEGT licensesnot yet issued? What can be done to remedy thissituation?These topical issues deserve answers. According toArticle 27 of the VPA, "the agreement shall remainin force for a period of seven years, renewable bytacit agreement of the parties for periods of the

same duration, except a party waives it by notifyingthe other party, at least twelve months before theend of the current period". Article 28 states that:"Notwithstanding Article 27, either Party may de-nounce this Agreement by notifying the other Party.The Agreement shall then cease to apply twelvemonths after the date of such notification".Faced with the difficulties encountered in the im-plementation and at the end of the "first life" of theagreement, there is a risk, if no provision is made,of non-renewal or denunciation of Cameroon-EUVPA by one of the parties.

In this particular context, two Cameroon civil societyorganizations, Green Development Advocates(GDA) and the Service d’Appui aux Initiatives Lo-cales de Développement (SAILD), have developedthis note with a view to sound the alarm bell, tomaintain and enrich discussions on the future ofthe Cameroon-EU VPA. This paper analyzes theconstraints related to the implementation of the VPAwhile proposing possible solutions.

Since 2013, the first FLEGT

licenses still expected in

Cameroon.


Timber is still exported to EU without FLEGT licenses

Photo

SA

ILD

6This concerns: 1.Sensitization and information of stakehol-

ders and public; 2.Promotion of "FLEGT-Cameroon" products

on the Union market; 3.Institutional arrangements; 4. Capa-

city building; 5. Legal framework reform; 6. Improvement of

the national control system; 7. Implementation of the tracea-

bility system; 8. Implementation of the legality verification

system; 9. Establishment of the FLEGT licensing system; 10.

System independent audits 11. Follow-up on the wood inter-

nal market (WIM); 12. Industrialization and commercialization

13. Follow-up of the impacts of the VPA; 14.Search for addi-

tional funding

7The parties to the agreement agreed that the first FLEGT

authorizations would be issued as from March 2013

Briefing note


The EU's FLEGT action plan aims to improve forestgovernance and one of the instruments, the VPA,aims specifically to design systems to verify whethertimber is harvested legally. Thus, the implementa-tion of the VPA would give priority to the toolsused to certify the legal origin of timber. However,the efforts made, promoted and celebrated by theparties during the six years of implementation fo-cused on transparency and participation, whichare naturally the secondary objectives of the VPA,a guarantee for the credibility of the legality Assu-rance system put in place.

Legality Verification StallsThe issuance of certificates of legality stalls due tothe inadequacy of certain verifiers of the legalitygrid to forestry titles and the application of thenon-existent Computerized Forest Information Ma-nagement System (SIGIF 2). The conclusions of the evaluation of the conformityof logging titles allocation process carried out in2013 by the "independent auditor of the systemrecommended the revision of legality grids8 . Itwas only two years later, at the 8th Joint Imple-mentation Council of the Agreement held on 27September 2016, that “the parties confirmed theneed to revise the VPA legality grids for better ap-plicability”9. Consequently, no certificate of legality

has been issued to date for logging. SIGIF 2 is still not available. Following the failureof the first provider (the SGS-HELVETA consortium)to implement a forest products traceability systemin Cameroon in 2010, the development of the SI-GIF 2 application by the AIS-BUREDIP, responsiblefor developing SIGIF 2, is inexorably heading to afailure In fact, after two years of work and nearthe end of the contract, no module of the appli-cation has been delivered and tested. Following these two unsuccessful attempts, it mustbe noted that serenity no longer exists among theparties to the agreement. Are there conflicts of in-terest between and within the parties? Are conflictsof interest the cause of these failures? For whatreasons and purposes?SIGIF 2 is the backbone of the VPA. It is the una-voidable element of the issuance of FLEGT li-censes. As such, only a consensual SIGIF 2 wouldguarantee the credibility of FLEGT licenses andfurther, the credibility of Cameroonian timber. An Incoherent and Poorly-Adapted Legal Frame-work

An incoherent and poorly-adaptedlegal frameworkOne of the accompanying measures10 of theagreement was the reform of the legal frameworkapplicable to the forest sector, with the aim of im-proving its consistency and complementing existingand insufficiently structured or regulated aspects.

WHERE IS THE BLOCKAGE ?

Misapplication of the Purpose of theAgreement

Photo

SA

ILD

Geolocalisation of trees is important for timber traceability


8See point 4.3 of the auditor's Report p.45.9Final declaration of the 8th FLEG-VPA Joint Implementation

Board / 10See Annex X of Cameroon-EU VPA

Briefing note


The revision of the forestry law and its implemen-ting texts was initiated in 2008 and is still to becompleted. This is a drawback to the implemen-tation of the agreement. The existing legal framework includes major in-consistencies in its aspects relating to certain foresttitles, including community forests. By way of il-lustration, the legal and regulatory provisions re-lating to community forests conflict with certaincontents of the Community Forest11 Allocation Pro-cedure and Management Standards Manual, thereference text that governs the management ofthis category of forests. . This situation makes itdifficult to translate texts in the development of SI-GIF 2.

Poorly Operational ImplementationBodiesIn Cameroon, the VPA is managed by three bo-dies: the National Monitoring Committee (CNS),which includes all Cameroonian stakeholders, theJoint Monitoring Committee (CCS) and the JointImplementation Board (Council) which bring to-gether the representatives of both parties. Despitethe considerable delay in the implementation ofthe FLEGT-VPA, these bodies meet regularly; nine(09) and eight (8) meetings have been held bythe CCS and the Council, respectively. What isthe relevance of such meetings? What is the rele-vance of their agenda? What are the outcomes?

On reading the minutes of the CCS and the Coun-cil, it appears that the same topics are on theagenda and debated at meetings. However, thereis no substantive resolution to move the processforward. Meanwhile, the Council has power toamend and adopt the provisions of the Annexes12.. Indeed, since the VPA legality grids were foundto be non-operational, the Council is still expectedto take a resolution to revise legality grids. Finally, on what basis does the agreement imple-mentation follow up and evaluation by the CCStake place? No work plan is developed by theCouncil to better plan the implementation of theagreement. Each year, the Cameroonian side de-velops a priority plan for the implementation ofthe VPA. Unfortunately, this plan is neither followedup nor evaluated by the Cameroonian party norby the CCS. This is situation is the root of theconfusion that reigns in the implementation ofFLEGT-VPA.

11 Article 29, for instance, which describes the documents

contained in the file for the allocation of a community fo-

rest, is an example of contradiction whereby no provision

is made for the management convention form, though it is

cited in the community forest allocation procedure and ma-

nagement standard manual

12See articles 19 paragraph 2 (f) 29 paragraph 3 of Came-

roon-EU VPA

Ph

oto

SA

ILD

The transport of timber from community forests is difficult and expensive


Briefing note


Although the issuance of FLEGT licenses, the mainexpected VPA output, is not yet effective, the resultsobtained in terms of transparency and participationare significant. The VPA creates an enabling envi-ronment that helps civil society and indigenousand local forest communities to make their voiceheard in forest management and decision-makingbodies in Cameroon. A continuation of the VPAwith interventions centered on the issuance ofFLEGT authorizations would constitute the gua-rantee for an effective, functional VPA that pre-serves achievements.

Strengthening the involvement of allstakeholders in the development ofSIGIF The development of SIGIF has remained an ex-clusive affair of MINFOF, which creates some opa-city on the results actually obtained to date andmakes it difficult to monitor its development bythe other stakeholders. SIGIF development moni-toring team should be composed of all stakehol-ders on the Cameroonian side, meet at regularintervals and have a detailed work plan. Only aninclusive approach would make SIGIF credibleand facilitate its operationalization by the variousactors.

Promulgating the new forestry codeand revising the legal framework forcertain forest titlesThe delay in the promulgation of the Forest Codegreatly affects the pace of implementation of theagreement. In fact, the non-revision of legalitygrids to date could be justified by this delay. It istherefore important to speed up the adoption ofthe new forestry code, which would presumablybe at the Presidency and would be ready for trans-mission to Parliament.The revision of the legal framework for certain fo-rest titles is also a factor limiting the issuance oflegality certificates. Inconsistencies are identified

in the texts governing the management of com-munity forests and other logging titles. To take justthe example of community forests, there is no spe-cific text governing the allocation and manage-ment of these forests. The rules of allocation andmanagement are laid down in a simple documentwhich has no legal force and is not adapted tothe technical and financial capacities of the com-munities. Improving the legal framework for com-munity forests and other forestry is an importantproject to finalize.

Establishing Independent facilitationfor the processThe bodies set up to steer the VPA are all operatingtemporarily and therefore do not have the capacityto effectively monitor activities. Independent faci-litation, which would work on a permanent basis,involving all actors is the appropriate proposal tocontribute to the accelerated implementation ofCameroon-EU VPA.

WHAT FUTURE FOR THEFLEGT-VPA ?

The VPA, an Ideal Framework forBetter Governance

Photo

SA

ILD

Baka communities of Mpane Kobera (East re-gion) hope for better living conditions

Briefing note



ILLEGAL LOGGING

In the World In Cameroon

l 15 to 30% of timber marketed worldwide isobtained illegally.

l 50-90% of logging activities in tropical tim-ber producing countries are illegal.

l Illegal timber trade accounts for between 10and 30% of global wood trade, and representsbetween 30 and 100 billion USD.

l Illegally produced timber accounts for 33-35% of the national log production.

l Annual production of informal sawn timbercorresponds on average to 755,000 m3 ofwood and provides an average of 40,000 directjobs.

l The timber trade in artisanal timber amountsto about 64.2 billion FCFA per year.

Source : Nellemann, C., Interpol Programme on EnvironmentalAbuse (dir.), 2012. Green Carbon, Underground market: illegallogging, tax fraud and laundering in the world tropical forests. Ra-pid evaluation of expected responses. United Nations Environ-mental Program, GRID-Arendal. www.grida.no.)

Source : Eba’a Atyi et al., 2013. Final Report: Study on the Eco-nomic and Social Importance of the Forest and Wildlife Sector inCameroon. CIFOR.

Pho

to S

AIL

D

Domestic market full of illegal timber

Briefing note



l Green Development Advocates (GDA) is aCivil Society Organization (CSO) of Cameroonianlaw, established in 2009 and legalized on 30 June2011. It works for development in line with socialand environmental requirements. GDA's missionis to contribute to the sustainable development ofAfrican tropical forests while respecting the culture,rights, interests and needs of African peoples.

l GDA is member to various national and inter-national civil society networks: Plateforme Forêtset Communautés (CFP), Réseaux Recherches Ac-tions Pygmées (RACOPY), Coalition Droits et Res-sources du Cameroun (RRI), Caucus d'Accra,Réseau Africain des Droits desCommunautés(ACRN)…

l Since legalization, the organization has im-plemented projects in areas as diverse as asses-sing international financial flows in the forestsector, social and environmental safeguards inREDD +, monitoring the FLEGT/VPA process,Hosting and technical supervision of the RRI Faci-litation for Central Africa, assessing the incorpo-ration of community rights into the forestry draftlaw, promoting community forestry as a tool forsecuring the environment, space…

WE FOLLOW THE IMPLEMENTATION OF FLEGT-VPA IN CAMEROON

Green Developement Advocates (GDA)

l Established in 1988, SAILD (Support Servicefor Local Development Initiatives) is an internatio-nal NGO under Swiss law with headquarters inYaounde, Cameroon. Its vocation is to work for ajust, equitable world with solidarity where peopleare fulfilled and live decently from the fruit of theirwork in a healthy and balanced environment.

l SAILD's mission is to accompany peasantsand communities living in resource-based areasin their entrepreneurial and agro-pastoral initiativeswith a view to their socio-economic and culturaldevelopment and to the sustainable managementof the resources on which they depend.

l For the next 10 years, our objectives are asfollows: g To reduce the negative impact of the exploi-tation of natural resources on communities and

the environmentg To improve the food situation of the popula-tiong To find competitive solutions for family farmingin a context of open markets.

Three priority areas of intervention are reinforcedand developed :g Sustainable management of natural resourcesg Food security and nutritiong Information and rural communication.

Service d’Appui aux Initiatives Locales de Développement (SAILD)

Contact Person :

Aristide CHACGOM, Program Coordinator

Tel: 679 65 85 15/690 18 31 57

Email: [email protected].

Contact Person :

Ghislain FOMOU, Program Officer, Natural Resource Management

Tel : 676 160 858 Email : [email protected] / [email protected]

Adress

P.O.Box: 1955, Yaoundé-Cameroun

Email: [email protected] / [email protected] /

Website : www.saild.org

Adress

BP: 2969, Yaoundé-Cameroun

Email: [email protected]

Tél.: : +237 222 208 059


Briefing note


mise en page 1 - loggingoff.info · the eu's flegt action plan aims to improve forest...

Documents