Forests Sourcebook - HCV Resource Network

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pronged approach to legal compliance is the only way to ensure that the full range of motivations, opportunities, and means for illegal behavior are addressed. Strengthen supply-side measures with measures to control imports of illegal timber and wood products. This is especially important in countries where export demand is a significant driver of illegal activities in the forest sector. It should be noted that—at least in principle— these measures could also be extended to other products (for example, wildlife or products derived from illegal conversion of forest lands). Integrate anti-money-laundering and asset forfeiture laws into the fight against forest crime and related corruption. These tools, along with the UN Conventions Against Corruption and Transnational Organized Crime, provide strong and effective regimes that governments can use to fight forest crime and related corruption. Risks Focusing more directly on illegal logging and other forest crimes will not always be a natural or comfortable role for development agencies, including the World Bank. Inevitably, development agencies will become involved in complex and controversial issues regarding the quality of laws, and at times these institutions will be put at odds with powerful interest groups, including high-level government officials, defending the status quo for personal gain. Consequently, there are two potential areas of risk for the development community: ■ ■ As with any complex and controversial issue involving different interests and actors, there are reputational risks related to work with FLEG. The World Bank and its partners need to be especially sensitive to issues related to human rights and equity in their work. Transparency and advocacy and support for participatory approaches are important means to avoid these types of risks. A more vigorous engagement with FLEG will also inevitably involve difficult issues related to national sovereignty in the management of natural resources. This political risk needs to be carefully managed. Opportunities Specific opportunities for action by the international community include the following: ■ ■ ■ ■ ■ Address critical gaps in the understanding of the nature of the governance challenge. An illustrative list of important areas for focus follows: – Development of diagnostics to benchmark forest crime and the state of forest governance in high-priority countries, and identification of indicators to monitor the progress of proposed interventions – Advancements in the role of independent monitors in making forest operations more transparent and in providing legal operators with positive incentives – Institutional (and incentive-compatible) reforms of forestry agencies in Bank client countries that include gaining a better understanding of the role of incentives (including salary structure and so on) for civil servants – Development approaches to forest industry restructuring and retrenchment that will efficiently and effectively help address imbalances in wood supply and demand – Establishment of information management systems and use of geographic information systems for overall monitoring of the forest resource Deepen the technical content of FLEG processes at the international and national levels, mobilize opportunities for multilateral enforcement action, and integrate the regional FLEG processes into existing structures for regional cooperation Promote collaboration between the progressive elements of the industry, international financing institutions, and international NGOs involved in the FLEG process to develop, improve, and harmonize safeguards and due diligence on forest investments (see note 5.4, Strengthening Fiscal Systems in the Forest Sector). The aim should be both to ensure the legality of the timber used and to mitigate the risk for other forest crimes, such as poaching, arson, and encroachment of forest areas, resulting from forest industry investments. Ensure effective coordination between the implementation of the FLEGT Regulation and Action Plan and other FLEG efforts. The aim should be to strengthen the links between the voluntary partnership agreements envisioned in the FLEGT action plan and the lending and advisory operations of the international financing institutions, especially the World Bank. Explore the potential for initiatives similar to the Extractive Industries Transparency Initiative (EITI) 2 to increase transparency of forest sector financial flows in some key forest countries, especially where a relatively small number of companies operate large forest concessions. 196 CHAPTER 5: IMPROVING FOREST GOVERNANCE
NOTES 1. This note is based on World Bank (2006). 2. See EITI’s Web site for more information: http:// www.eitransparency.org/. SELECTED READINGS Kishor, N., and R. Damania. 2006. “Crime and Justice in the Garden of Eden: Improving Governance and Reducing Corruption in the Forestry Sector.” In The Many Faces of Corruption: Tracking Vulnerabilities at the Sector Level, ed. J. Edgardo Campos and Sanjay Pradhan. Washington, DC: World Bank. Magrath, W. B., R. Grandalski, J. Stuckey, G. Vikanes, and G. Wilkinson. 2007. Timber Theft Prevention and Forest Resource Security. Washington, DC: World Bank. Savcor, I. O. 2005. “Ensuring Sustainability of Forests and Livelihoods Through Improved Governance and Control of Illegal Logging for Economies in Transition: World Bank Discussion Paper.” Helsinki, Finland. Seneca Creek Associates and Wood Resources International. 2004. “‘Illegal’ Logging and Global Wood Markets: The Competitive Impacts on the U.S. Wood Products Industry.” Report prepared for the American Forest & Paper Association by Seneca Creek Associates, Poolesville, MD, and Wood Resources International, University Place, WA. World Bank. 2004. Sustaining Forests: A Development Strategy. Washington, DC: World Bank. ———. 2006. “Strengthening Forest Law Enforcement and Governance: Addressing a Systemic Constraint to Sustainable Development.” Report No. 36638-GLB, Washington, DC. REFERENCES CITED Magrath, W. B., R. Grandalski, J. Stuckey, G. Vikanes, and G. Wilkinson. 2007. Timber Theft Prevention and Forest Resource Security. Washington, DC: World Bank. Puustjarvi, E. 2006a. “Guidelines for Formulating and Implementing National Action Plans to Combat Illegal Logging and Other Forest Crime.” Draft. Indufor, Helsinki, Finland. ———. 2006b. “Proposal for Typology of Illegal Logging.” Draft. Indufor, Helsinki, Finland. Rosenbaum, K. L. 2005. “Tools for Civil Society Action to Reduce Forest Corruption: Drawing Lessons from Transparency International.” PROFOR at the World Bank, Washington, DC. CROSS-REFERENCED CHAPTERS AND NOTES Chapter 1: Forests for Poverty Reduction, and associated notes Note 3.2: Forest Certification Systems Note 3.3: Forest Plantations in World Bank Operations Chapter 5: Improving Forest Governance Note 5.1: Decentralized Forest Management Note 5.2: Reforming Forest Institutions Note 5.3: Strengthening Legal Frameworks in the Forest Sector Note 5.4: Strengthening Fiscal Systems in the Forest Sector Note 7.2: Establishing Forest Information Management Systems NOTE 5.5:ADDRESSING ILLEGAL LOGGING AND OTHER FOREST CRIME 197
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INTRODUCTION OPPORTUNITIES AND CHAL
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Forest law enforcement and governan
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■ Protecting vital local and glob
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Figure 3 Commitment from the World
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Figure 6 Regional Distribution of I
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management and biodiversity conserv
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PART I Priority Themes and Operatio
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Angelsen and Wunder 2003; and Malli
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harvesting forest products that are
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forest management and ownership hav
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Institutional development of capaci
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Contreras-Hermosilla, A., and M. Si
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Box 1.4 Poverty-Forest Linkages Too
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Box 1.6 An Overview of the Tools fo
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NOTE 1.2 Community-Based Forest Man
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the biophysical resource through fo
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Box 1.12 Andhra Pradesh Community F
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Box 1.14 Community Forestry in Mexi
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World Bank, 1978. Forestry. Sector
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[Indigenous Peoples’] rights of o
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inappropriate. Thus, development pr
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nity territory into individual plot
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LESSONS LEARNED AND RECOMMENDATIONS
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Borrini-Feyerabend, G., M. Pimbert,
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In what are considered public fores
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Figure 1.1 Toward Tenure Security:A
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Box 1.21 Opportunities to Advance C
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NOTE 1.5 Making Markets Work for th
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■ environmental groups to produce
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Box 1.25 Medicinal Plants as NTFPs
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CHAPTER 2 Engaging the Private Sect
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dred to tens of thousands of new jo
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Box 2.2 Since 1995, Brazilian small
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Macqueen, D., N. Armitage, M. Jaeck
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NOTE 2.1 COMPANY-COMMUNITY PARTNERS
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inputs (communities), and cost savi
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community arrangements, such as eth
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NOTE 2.2 Small and Medium Enterpris
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must be distinguished from products
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overregulation falls most heavily o
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da Amazônia (IPAM) and the Interna
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NOTE 2.3 Innovative Marketing Arran
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Table 2.2 World Bank Projects with
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payments for reforestation can enco
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Wunder, S. 2005. “Payments for En
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Box 3.1 Technical Definitions Wood
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Table 3.2 Wood Fuel Data for Select
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ered it important to have the World
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operations (such as community-based
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also needs to be extended in many c
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NOTE 3.1 Mainstreaming Conservation
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areas that can be used more intensi
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Box 3.7 Applying HCVF in Papua New
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Finally, any existing protections,
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However, these general rules are se
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the origin of products from a certi
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management practices in selected en
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Reforms) provide the framework for
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lenges to weak institutions, which
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CHAPTER 4 Optimizing Forest Functio
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People and human societies are seen
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Encourage stakeholder participation
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Box 4.5 Tradeoffs Framework Used in
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Sector and Thematic Evaluation, Ope
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Identify planning team members and
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Involve relevant stakeholders in de
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needs of implementing partners and
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NOTE 4.2 Assessing Outcomes of Land
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Box 4.13 Possible Indicators for As
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NOTE 4.3 Using Adaptive Management
Page 145 and 146: ■ ■ ■ ■ Develop a project p
Page 147 and 148: Another important and useful proces
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Page 151 and 152: CHAPTER 5 IMPROVING FOREST GOVERNAN
Page 153 and 154: Improving forest governance and leg
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Page 157 and 158: sector with broader governance and
Page 159 and 160: NOTE 5.1 Decentralized Forest Manag
Page 161 and 162: Assess the overall decentralization
Page 163 and 164: Box 5.5 Nicaragua: Asymmetries Betw
Page 165 and 166: Parker, A. 1995. “Decentralizatio
Page 167 and 168: ■ ■ ■ Management of forests (
Page 169 and 170: such as designing a transparent con
Page 171 and 172: Box 5.11 Citizen Report Cards: Benc
Page 173 and 174: NOTE 5.3 Strengthening Legal Framew
Page 175 and 176: Box 5.13 Working on the Law with La
Page 177 and 178: In addition, the process of public
Page 179 and 180: ANNEX 5.3B SIX DRAFTING PRINCIPLES
Page 181 and 182: forestry policy or to promote other
Page 183 and 184: The most common fiscal incentives i
Page 185 and 186: is reasonable to allow the administ
Page 187 and 188: ANNEX 5.4A A SUMMARY OF THE DIFFERE
Page 189 and 190: NOTE 5.5 ADDRESSING ILLEGAL LOGGING
Page 191 and 192: Box 5.17 Measures Specific to Comba
Page 193 and 194: ■ ■ ■ initially have to compe
Page 195: enterprises may be motivated to joi
Page 199 and 200: ANNEX 5.5B TYPICAL CONTEXTS OF ILLE
Page 201: Typical contexts Potential drivers
Page 204 and 205: Box 6.1 Indonesian Structural Adjus
Page 206 and 207: Box 6.2 Upstream Analyses on Energy
Page 208 and 209: Box 6.3 Positive Impact of Agrarian
Page 210 and 211: Box 6.4 Use of the Rapid CEA Approa
Page 212 and 213: ———. 2005. “Development Pol
Page 214 and 215: NOTE 6.1 Using National Forest Prog
Page 216 and 217: Box 6.6 Basic Principles of NFP Pre
Page 218 and 219: Implementation. The implementation
Page 220 and 221: allow for each country’s differen
Page 222 and 223: limited in the coverage and duratio
Page 224 and 225: Box 6.12 The Use of DPLs to Support
Page 226 and 227: Box 6.13 Using DPLs in Lao PDR for
Page 228 and 229: OPCS. 2004. “Good Practice Notes
Page 230 and 231: OPERATIONAL ASPECTS Prioritizing th
Page 232 and 233: orientation of the DPL operations c
Page 234 and 235: Indicators are helpful in these sit
Page 236 and 237: ANNEX 6.3A SELECT TOOLS TO ASSIST S
Page 238 and 239: NOTE 6.4 Assessing Cross-Sectoral I
Page 240 and 241: Box 6.16 The Forests Component in t
Page 242 and 243: Considering the above issues, an in
Page 244 and 245: Box 6.19 Implementation of the Keny
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World Bank SEA Web resources: http:
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Box 7.1 Monitoring Promotes Changes
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collected via remote sensing rather
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Discussions and proposals on how to
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Assessment (www.millenniumassessmen
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FAO. 2004. “Manual for Environmen
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■ ■ ■ enables implementation
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selecting the technology. Technolog
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USFS Field Guides: www.fia.fs.fed.u
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Box 7.13 System Architecture of a S
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Box 7.14 FMIS in Bosnia and Herzego
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and client-rich system, which would
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ANNEX 7.2A MODEL TERMS OF REFERENCE
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■ ■ ■ ■ ■ ■ ■ ■ ■
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NOTE 7.3 Spatial Monitoring of Fore
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■ ■ ■ ■ Availability of ref
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Box 7.19 Selecting the Appropriate
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Table 7.4 Existing Satellite Remote
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Tropical Ecosystem Environment Obse
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PART II Guidance on Implementing Fo
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forestry activities was counterprod
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waterways, or the quantity or quali
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■ ■ ■ ■ ■ an independent
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■ In the case of forest harvestin
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■ ■ harvesting supported by Wor
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However, some of the World Bank’s
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■ ■ ■ ■ ■ ■ Examine the
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Box 9.2 Participation Strategy To m
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Box 9.5 Process Framework for Invol
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Box 9.8 Market Analysis A market an
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“no-project” option); and recom
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Box 9.16 Environmental Management P
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■ ■ ■ ■ ■ ■ ■ ■ ■
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the detailed Biodiversidade Brasile
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■ ■ management plan—prepared
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CHAPTER 10 Consultation and Communi
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media, NGOs, other interest groups,
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Box 10.4 Consultation in the Democr
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Box 10.6 Elements of Communication
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Table 10.2 Listening to the Public
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■ - Preliminary research should i
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Box 10.8 Managing Risks through Str
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Bank project cycle related to Commu
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CHAPTER 11 Forest Certification Ass
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carried out under a specific certif
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once more practical experience has
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ANNEX 11A MODEL TERMS OF REFERENCE
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ANNEX 11B PROCEDURES AND TERMS OF R
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CHAPTER 12 Applying OP 4.10 on Indi
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lack of opportunities relative to o
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Box 12.2 When a project affects Ind
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ples receive social and economic be
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Bank’s supervision team must incl
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ANNEX 12A ELEMENTS OF AN INDIGENOUS
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forest monitoring, 275b social and
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FOMAS. See National Forest Sector M
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and forest certification, 335 toolk
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applying to Indigenous Peoples, 347
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strategic partnership, LFI example,
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Eco-Audit Environmental Benefits St
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