International Legal Regime on Forests

1. International Legal Regime on Forests An Overview

2. 1. Regional Law on Forests • pre-UNCHE  international law on forests restricted to regional agreements • approximately 15 agreements at regional level can be identified that directly relate to forests

3. Regional Agreements Relating to Forests • Convention Relative to the Preservation of Flora and Fauna in their Natural State (London, 1933) • Convention on Nature Protection and Wildlife Preservation in the Western Hemisphere (Washington, 1940) • African Convention on the Conservation of Nature and Natural Resources (Algiers, 1968) • Convention on the Conservation of Nature in the South Pacific (Apia, 1976) • Treaty for Amazonian Cooperation (Brasilia, 1978)

4. Regional Agreements Relating to Forests • Convention on the Conservation of European Wildlife and Natural Habitats (Berne, 1979) • Benelux Convention n Nature Conservation and Landscape Protection (Brussels, 1982) • Protocol Concerning Protected Areas and Wild Fauna and Flora in the Eastern African Region (Nairobi, 1985) • ASEAN Agreement on the Conservation of Nature and Natural Resources (Kuala Lumpur, 1985) • Convention for the Protection of the Natural Resources and Environment of the South Pacific Region (Noumea, 1986) • Convention for the Conservation of the Biodiversity and the Protection of Priority Wilderness Areas in Central America (Managua, 1992)

5. Regional Agreements Relating to Forests • North American Agreement on Environmental Cooperation (Washington, 1993) • Regional Convention for the Management and Conservation of the Natural Forest Ecosystems and the Development of Forest Plantations (Guatemala City, 1993) • Protocol Concerning Specially Protected Areas and Biological Diversity in the Mediterranean (1995)

6. Trends in Regional Forest Law • habitat: rationale for conserving forests is most early regional agreements is that they provide habitat; primary focus of conservation were species of flora/fauna, while forests got incidental protection by virtue of being habitat • protected area approach: early conventions operate by isolating forests from human interaction (unlike newer concepts of community forestry and social forestry) • most agreements explicitly reiterate exclusive sovereign right of each country to use natural resources within their territory • South Asian region  no regional legal protective mechanism

7. 2. Soft Law on Forests • Stockholm Declaration, 1972 • World Charter for Nature, 1986 • Rio Declaration, 1992 • Agenda 21, 1992 • Forest Principles, 1992 • Programme for Further Implementation of Agenda 21, 1997 • Johannesburg Declaration and Plan of Implementation, 2002 • Non-legally Binding Instrument on All Types of Forests, 2007

8. Stockholm Declaration, 1972 • 2. Natural resources of the earth must be safeguarded for present and future generations through planning or management • 4. Man has a special responsibility to safeguard and wisely manage the heritage of wildlife and its habitat • 21. States have in accordance with the UN Charter and the principles of international law, the sovereign right to exploit their own resources pursuant to their own environmental policies and the responsibility to ensure that activities within their jurisdiction or control do not cause damage to the environment of other states

9. World Charter for Nature, 1982 • Resln. adopted by GA in 1982 • “Every form of life warrants respect regardless of its worth to man” • 2. habitats shall be safeguarded • 11(d). Forestry practices shall be adapted to the natural characteristics and constraints of given areas • 22. takes fully into account the sovereignty of States over their natural resources

10. Rio Declaration, 1992 • 2. States have, in accordance with the Charter of the United Nations and the principles of international law, the sovereign right to exploit their own resources pursuant to their environmental and developmental policies, and the responsibility to ensure that activities within their jurisdiction do not cause damage to the environment of other states or of areas beyond the limits of national jurisdiction

11. Agenda 21, 1992 • comprehensive action plan adopted at UNCED • chapter 11 – Combating Deforestation • 4 Programme Areas: • sustaining multiple roles and functions of forests • enhancing protection, sustainable management and conservation of forests • promoting efficient utilization of forest goods and services • establishing and/or strengthening capacities for the planning, assessment and systematic observations of forests

12. Forest Principles, 1992 • Non-legally Binding Authoritative Statement of Principles for a Global Consensus on the Management, Conservation and Sustainable Development of all Types of Forests • aims to relate subject of forests to entire range of environmental and developmental issues • calls for efforts to increase forest cover and productivity

13. Soft Law on Forests • unlike regional agreements, the soft law instruments are universally applicable • but they are not legally binding • although countries are reluctant to be bound by a legally binding convention, a broad agreement over basic underlying principles is evident in range of declarations, guidelines and principles adopted

14. 3. Related Law on Forests • many global binding instruments relating to different issue areas have a bearing on forests • these are not specifically designed to address forests • but their goals and programmes have adirect bearing on forests • one reason for inability to negotiate an international instrument on forests is existence of so many forest-related instruments

15. Ramsar Convention on Wetlands, 1971 • Ramsar Convention on Wetlands of International Importance Especially as Waterfowl Habitat • requires parties to promote conservation of listed wetlands and ‘wise use’ of wetlands in general • no specific mention of forests • convention’s definition of wetlands is broad enough to encompass certain forest ecosystems • mangrove forests (among most threatened of world’s forest types) are situated in coastal wetlands • about a third of listed Ramsar sites (1886) are forests • India’s Ramsar sites  Keoladeo National Park (Rajasthan), Bhitarkanika Mangroves (Orissa)

16. World Heritage Convention, 1972 • provides for protection of heritage of ‘outstanding universal value’ from several points of view, including science, conservation and natural beauty • states and international community are required to cooperate to protect and conserve world heritage • World Heritage List: 890 sites [689 cultural; 176 natural; 25 mixed] • currently, about 61 forests included on WHL • criteria for selecting sites include; • “the most important and significant natural habitats for in situ conservation of biodiversity” • “outstanding examples representing significant on-going ecological and biological processes in the evolution and development of terrestrial ecosystems and communities of plants and animals • India’s natural sites Kaziranga, Keoladeo, Sunderbans, Nanda Devi and Valley of Flowers, Manas

17. CITES, 1973 • Convention on International Trade in Endangered Species of Wild Flora and Fauna • subjects international trade in selected species to licensing system for import, export, re-export etc. • covered species listed in three Appendices according to degree of protection needed • applies to plant (tree) and animal species • proposals to list endangered tree species (especially commercially harvested ones) are highly controversial • some tree species listed: Brazilian Rosewood (Appendix I); African teak, Red Sandalwood (Appendix II) • Timber Working Group; Mahogany Working Group • CITES offers significant institutional capacity for addressing trade and conservation concerns of managing impact of trade on forest species

18. UN Convention to Combat Desertification, 1994 • aim  curbing degradation of arid lands • establishes framework for national, sub-regional and regional programmes to counter degradation of drylands • commits Governments to a “bottom-up approach” that involves local populace, national authorities and international community • deforestation is a cause of desertification

19. Forests and Climate Change • climate change and forests are intrinsically linked • changes in global climate are stressing forests  higher mean annual temperatures, altered precipitation patterns and extreme weather events • CO2  biggest contributor to GHGs • trees sequester atmospheric carbon, serving as natural carbon sinks • natural forests can lower a country’s net emissions • in the tropics, forests can store as much as 15 tonnes of carbon per hectare per year • afforestation and reforestation are acknowledged strategies for combating climate change • according to IPCC, reducing/preventing deforestation is the mitigation option with largest and most immediate carbon stock impact in short term • on the flip side, when destroyed or burned, forests become sources of CO2

20. UNFCCC, 1992 • Kyoto Protocol mandates reduction of ‘net emissions’ of GHGs • concerns that ‘reforestation’ or ‘afforestation’ could lead to planting of homogenous tracts in lieu of old-growth forests • concerns about sovereignty implications of allowing outside investors to finance/control management of domestic forests under Kyoto mechanisms • GEF decided to not fund forestry projects under climate window • LULUCF: Land Use, Land Use Change and Forestry  these activities can add or remove carbon from atmosphere • IPCC  two major reports on LULUCF • rules governing LULUCF for Kyoto period finalized in 2001 • mandatory for Annex I parties to account for changes in carbon stock from afforestation, reforestation and deforestation and voluntary to account for emissions from forest management • Good Practice Guidance for LULUCF adopted by IPCC in 2003 • 2009  identify and address drivers of deforestation; identify activities to reduce emissions and increase removals and stabilize forest carbon stocks; estimate forest-related GHG emissions and removals and forest carbon stocks; establish robust and transparent national forest monitoring systems

21. Convention on Biological Diversity, 1992 • global treaty with most significant potential effect on conservation and sustainable use of forest resources • conservation of forests is crucial to objectives of CBD • forests are both a component of and a habitat for terrestrial biodiversity • specific action relating to forest biodiversity undertaken at CBD: • inputs to IPF/IFF/UNFF processes • specific work programme on forest biodiversity • guidance to GEF to fund forest projects • implementation of Article 8(j) on traditional forest related knowledge (TFRK)

22. ILO Conventions, 1957 &1989 • many natural forests inhabited by indigenous peoples • they depend on forests for many aspects of their livelihood and culture • they also often employ traditional management systems • ILO Convention Nos. 107 & 169 • Convention 107 adopted in 1957; superseded by 169 in 1989 • Article 7  indigenous and tribal people shall have the right to decide their own priorities for the process of development and that governments shall take measures …to protect and preserve the environment of the territories they inhabit • Article 14  recognizes right of ownership and possession of the peoples concerned over lands which they traditionally occupy • Article 15  rights of peoples concerned to natural resources pertaining to their lands shall be specially safeguarded, including right to use, manage and conserve these resources • ILO Convention 169 has potential to strengthen human rights dimension of international framework of forests

23. International Tropical Timber Organization • ITTA  adopted in 1983; renegotiated in 1994 & 2006 • primarily a commodity agreement between producer and consumer countries • established ITTO in 1986 • India is an ITTO ‘producing member’ • ITTO’s paradox  recognition that tropical timber trade is key to economic development in its member states as well as concern for alarming rate of deforestation • ITTO has adopted non-binding goals of sustainable forestry and developed guidelines • tensions between consumer and producer countries  should sustainability requirements be binding? • objective of 2006 Agreement (Article 1)  to promote expansion of international trade in tropical timber from sustainably managed … forests…”

24. 4. Ongoing Forest Law Negotiations • issue of forests has been on international policy agenda for last 18 years • UNCED (United Nations Conference on Environment and Development, 1992) forest issue most controversial, polarizing developing and developed countries • Rio outcome  Non-legally Binding Authoritative Statement of Principles for a Global Consensus on the Management, Conservation and Sustainable Development of all Types of Forests (Forestry Principles) • Chapter 11 of Agenda 21: Combating Deforestation • post UNCED  effort to develop coherent policies to promote management, conservation and sustainable development of all types of forests

25. IPF/IFF Processes • IPF (Intergovernmental Panel on Forests)  1995 – 1997 • IFF (Intergovernmental Forum on Forests)  1997 – 2000 • constituted main intergovernmental forum for forest policy development • operated under auspices of UN Commission on Sustainable Development • IPF and IFF examined wide range of forest-related topics over 5 years • key outcomes of these processes  final reports of IPF4 and IFF4  over 270 ‘Proposals for Action’ towards sustainable forest management • IPF/IFF PFA not legally binding • but each participant country of these processes is expected to conduct a systematic national assessment and to plan for implementation of PFA

26. UN Forum on Forests • UNFF was established by ECOSOC to take forward work of IPF/IFF processes • UNFF Sessions: • 9th Session – New York (24 January – 4 February 2011) • 8th Session – New York (20 April – 1 May 2009) • 7th Session – New York (16 – 27 April 2007) • 6th Session – New York (13 – 24 February 2006) • 5th Session – New York – 16 – 27 May 2005 • 4th Session – Geneva – 3 – 14 May 2004 • 3rd Session – Geneva – 26 May – 6 June 2003 • 2nd Session – New York – 4 – 15 March 2002 • 1st Session – New York – 11 – 22 June 2001 • Organization Meeting – New York – 12 February 2001

27. UNFF Members & Bureau • Member States • UNFF is a subsidiary body of ECOSOC • composed of all member states of UN with full and equal participation • Member States of UNFF designate a UNFF National Focal Point • Member States are invited to provide voluntary reports to each UNFF session • UNFF Bureau • UNFF Bureau consists of one Chairperson and four Vice-Chairpersons in accordance with the principle of equitable geographical distribution • Bureau memberselected at end of each UNFF session • Bureau is responsible for: • follow up of decisions made at UNFF sessions • preparation for subsequent session • management and organization of sessions

28. NLBI on All Types of Forests, 2007 • 28 April 2007 (UNFF 7)  after 3 years of negotiations, Non-legally Binding Instrument on All Types of Forests adopted • later adopted by UNGA on 17 December 2007 • Article I – Purposes • (a) To strengthen political commitment and action at all levels to implement effectively sustainable management of all types of forests and to achieve the shared global objectives on forests • (b) To enhance the contribution of forests to the achievement of the internationally agreed development goals, including the Millennium Development Goals, in particular with respect to poverty eradication and environmental sustainability • (c) To provide a framework for national action and international cooperation

29. NLBI – Principles • Article II – Principles • (a) instrument is voluntary and non-legally binding; • (b) Each State is responsible for the sustainable management of its forests and for the enforcement of its forest-related laws; • (c) Major groups as identified in Agenda 21, local communities, forest owners and other relevant stakeholders contribute to achieving sustainable forest management and should be involved in a transparent and participatory way in forest decision-making processes that affect them … • (d) Achieving sustainable forest management, in particular in developing countries as well as in countries with economies in transition, depends on significantly increased, new and additional financial resources from all sources; • (e) Achieving sustainable forest management also depends on good governance at all levels; • (f) International cooperation, including financial support, technology transfer, capacity-building and education, plays a crucial catalytic role in supporting the efforts of all countries …

30. NLBI – Objectives • IV. Global objectives on forests • Member States reaffirm the following shared global objectives on forests … to achieve progress towards their achievement by 2015: • Global Objective 1 • Reverse the loss of forest cover worldwide through sustainable forest management, including protection, restoration, afforestation and reforestation, and increase efforts to prevent forest degradation; • Global Objective 2 • Enhance forest-based economic, social and environmental benefits, including by improving the livelihoods of forest dependent people; • Global Objective 3 • Increase significantly the area of protected forests worldwide and other areas of sustainably managed forests, as well as the proportion of forest products from sustainably managed forests; • Global Objective 4 • Reverse the decline in official development assistance for sustainable forest management and mobilize significantly increased, new and additional financial resources from all sources for the implementation of sustainable forest management.

31. India • India has played an active role in the international forest law matrix • India has no regional legal obligations in relation to forests, although this action in this direction is worth consideration • “SAARC Convention on Forests”? • India is an active participant and even a key player in several forest-related agreements (eg. UNFCCC) • “India is committed to the Forest Principles evolved at UNCED and implementation of Chapter XI of Agenda 21. India has fully supported and actively participated in the IPF, IFF and now in UNFF.” (Statement by Mr T.R. Baalu, Minister E&F, 14 March 2002) • National Report to the Third Session of the United Nations Forum on Forests, 2002 • National Report to the Fifth Session of the United Nations Forum on Forests, 2005 • Voluntary Sharing of Information on Progress on Non Legally Binding Instrument on All Types of Forests, 13 April 2009

32. Arguments in Favour of LBI on Forests • a convention would contribute to development of a common understanding of sustainable forest management worldwide and improve knowledge base required for sustainable management of all type of forests • it would provide forest community with a mechanism to coordinate and manage numerous separate initiatives being undertaken and would provide most effective means for open and transparent dialogue between stakeholders • it would ensure that protection of forests remains on same institutional footing as protection of atmosphere, biodiversity and desertification

33. Arguments Against LBI on Forests • global convention = lowest-common-denominator consensus? • formalize unacceptably weak forest management standards, thereby giving a global ‘green light’ to unsustainable forest practices • such a convention might be dominated and driven by powerful timber and commercial trade interests, and fail to address predatory and unethical behaviour of an increasing number of trans-national industrial timber corporations • it will undermine role of historic CBD and other existing international and regional environmental agreements and initiatives • many critical and controversial forest problems lie outside traditional ‘forest’ sector and chronic underlying causes of forest loss and degradation may not be addessed • risk of undermining important NGO initiatives (eg. independent certification of forest products) and could undermine ability of indigenous peoples and traditional rural communities to help decide the fate of their own forests • stall or block action on a wide range of critical forest problems during years of lenghty debate, negotiation and ratification – a waste of scarce time and resources – better to implement existing agreements

34. Options for the Future • Improved coordination of existing arrangements • Continuation of ongoing intergovernmental dialogue in a permanent forum • Improvement of non-legally binding instruments • Lead body role for an existing organization • Use of existing related legally binding instruments • Development of a forest protocol to an existing instrument • Regional mechanisms • Framework convention allowing for regional mechanisms • Globally legally binding instrument

35. Concluding Questions • Is it time to think of conservation of ‘global forests’ or should we continue to view forests as the property of states? • Will the international community (and India?) gain from the adoption and implementation of a legally binding agreement in forests? • What should such an LBI look like?

36. Thank You!