Forests Sourcebook - HCV Resource Network

Forests Sourcebook - HCV Resource Network Forests Sourcebook - HCV Resource Network

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Box 2.4 Social Responsibility Contract for Timber Production (with Lease of Use Rights and an NTFP Agreement): Bibiani Lumber Company and the Stool (Chief) of the Omanhene, Ghana Ghanaian legislation requires logging companies to negotiate social responsibility agreements with communities as a condition for granting concessions. The agreement between Bibiani Lumber Company and the Stool of the Omanhene, Ghana, signed in 2000, requires the company to construct boreholes, latrines, and roads; to avoid all culturally significant sites and taboo days; to consult the community over planned logging routes and sidings; and to restore any accidental damage. The agreement also spells out terms for payment of stumpage fees and royalties to the community, for continued NTFP access and sale by the community and for dispute settlement. Box 2.6 Multiple Land Use on Company Land: Beekeeping and Mondi, South Africa Mondi Fine Paper SA has an arrangement whereby 40 beekeepers from local communities are allowed to keep hives in Mondi-operated forests in the Port Dunford, Umfolozi, and Melmoth areas. Mondi has paid for each beekeeper to receive technical and business training. One beekeeper running 20 hives realizes about 12,000 South African rand (US$1,700) per season (February–July) through the sale of honey to local buyers. Mondi runs this scheme partially via the consortium SiyaQhubeka Forests, which is the first Black Economic Empowerment company to acquire significant shares in South African forestry, having successfully bid for 26,450 hectares of privatized forest land in Kwa- Zulu Natal. Sources: www.siyaqhubeka.co.za; www.mondi.co.za. Source: Yeboah 2001. Box 2.5 Purchase Agreement for Nontimber Forest Products: Vegext Limited, Kenya Box 2.7 Joint Venture for Ecosystem Services: Posada Amazonas Ecotourism, Peru Vegext processes and exports wattle tannin, but its factory is currently working far below capacity as a result of short supplies of wattle bark (Acacia mearnsii). Hence, the company, in partnership with a forestry NGO, has developed purchase agreements with wattle farmers. Vegext agrees to collect bark from any farm within 70 km of its collection yard at Eldoret and to pay a higher price than competitors; indeed, one of the company’s objectives is to raise wattle prices so that farmers consider wattle an attractive alternative to other tree crops and seasonal crops. The NGO connects farmers with traders who will buy the debarked logs for charcoal production, further raising returns to wattle production. Sources: Vermeulen and Walubengo 2006. In 1996 the company Rainforest Expeditions signed a 20-year joint venture agreement with the Ese’eja community of Tambopata in southeastern Peru. The company and community agreed to jointly manage 9,600 hectares of land (to which the community has legal title) and a tourist lodge, sharing profits 60:40 between the community and the company, to reflect relative investments of land, labor, and finance. The company agreed to hand over all assets to the community at the end of the joint venture. The agreement came to an early close, satisfactory to both sides, when the community bought out the company’s share using an international grant. The community has since built on its strengths, opening a research center at the site and winning the Conservation International ecotourism award in 2000. Sources: Stronza 2000; Landell-Mills and Porras 2002; http://www.wildland.com. 72 CHAPTER 2: ENGAGING THE PRIVATE SECTOR IN FOREST SECTOR DEVELOPMENT

inputs (communities), and cost savings (companies), while longer-term motives include social responsibility and securing land tenure or long-term use rights. Company-community forestry partnerships have the potential to contribute to Bank objectives of SFM and rural development. A recent international review (Vermeulen and Walubengo, 2006) concluded that these partnerships can help communities reduce risk, achieve better returns on land use, diversify income sources, access paid employment, develop new skills, upgrade infrastructure, and enhance ecosystem management. They are also a mechanism for companies to practice SFM on their own land (Brody et al. 2006). However, company-community partnerships have not yet proved sufficient to lift people out of poverty and remain supplementary rather than central to income generation. OPERATIONAL ASPECTS Context and conditions for partnerships. Experience shows that company-community forestry partnerships can emerge under a wide range of political and economic conditions. In considering whether partnerships may be appropriate—and what kinds of partnerships are likely to work—some important conditions to consider include the following: ■ Production and markets – Sound business. Artificial promotion of partnerships for social gains will not work—an internationally competitive ratio of benefits to costs and risks must be demonstrated for specific forest products at the site level. – Integrated land use. Trees for fiber and fuel compete with food crops and grazing land and may or may not provide differential environmental services— partnerships will only work where a locally appropriate balance is achieved. – Multiple use. Opportunities for multiple land use at one site favor the use of partnerships (such as combining timber production, NTFP production, and ecosystem functions). – Market maturity. New production systems and new markets favor tight contractual partnerships while developed, open markets favor looser arrangements. – Access to technology and information. Insufficient technical and market knowledge among communities is a major disincentive to formation of partnerships. ■ Policy and governance – Land tenure. Changes in land and resource tenure (such as the privatization of state forests or securing of collective land title) often precipitate partnerships because partners need new deals to access forest production. – Forest sector incentives. In some countries, specific policy statements encourage partnerships (such as the comanagement requirements for state forest land). – Extra-sectoral incentives. Some policies are generally propartnership, such as those that encourage decentralization (see note 5.1, Decentralized Forest Management) or provide incentives to indigenous or small-scale business, while particular policies encourage different types of partnership (for example, environmental tax breaks favoring ecosystem service partnerships). – Governance. Implementation and survival of partnerships require considerable backstopping, including functional courts and efficient systems for legal recognition of representative bodies (see note 5.4, Strengthening Fiscal Systems in the Forest Sector). 1 – Private-sector policy. Multinational corporate policies can precipitate transfer of partnership models internationally. Contractual arrangements. Partnership models may be based on successful arrangements elsewhere—and initial negotiations often depend on an external moderator. Typical agreements, verbal or written, include terms for financial and technical inputs, loan repayments, and benefit-sharing. Partners involved can benefit from advice and oversight on contractual terms (see Mayers and Vermeulen [2002] for guidance), and options for making the most of external incentive schemes should be explored, including carbon credits, certification, or business compacts. Time requirement for forming partnerships. It takes continual investment over long periods to build partnerships. Experience to date reveals three broad scenarios for the development of company-community forestry relationships: (i) little constitutive change over long periods, with the company partner taking the lead in directing the partnership; (ii) strengthening of the community partner’s position, such as renegotiation of benefit sharing or the community forming a company; and (iii) dissolution of the partnership (see “Ending a Partnership” below). A move toward tighter partnerships is not always desirable—in buoyant, competitive forest NOTE 2.1: COMPANY-COMMUNITY PARTNERSHIPS 73

inputs (communities), and cost savings (companies), while<br />

longer-term motives include social responsibility and securing<br />

land tenure or long-term use rights.<br />

Company-community forestry partnerships have the<br />

potential to contribute to Bank objectives of SFM and rural<br />

development. A recent international review (Vermeulen and<br />

Walubengo, 2006) concluded that these partnerships can<br />

help communities reduce risk, achieve better returns on<br />

land use, diversify income sources, access paid employment,<br />

develop new skills, upgrade infrastructure, and enhance<br />

ecosystem management. They are also a mechanism for<br />

companies to practice SFM on their own land (Brody et al.<br />

2006). However, company-community partnerships have<br />

not yet proved sufficient to lift people out of poverty and<br />

remain supplementary rather than central to income<br />

generation.<br />

OPERATIONAL ASPECTS<br />

Context and conditions for partnerships. Experience<br />

shows that company-community forestry partnerships can<br />

emerge under a wide range of political and economic<br />

conditions. In considering whether partnerships may be<br />

appropriate—and what kinds of partnerships are likely to<br />

work—some important conditions to consider include the<br />

following:<br />

■<br />

Production and markets<br />

– Sound business. Artificial promotion of partnerships<br />

for social gains will not work—an internationally<br />

competitive ratio of benefits to costs and risks must<br />

be demonstrated for specific forest products at the site<br />

level.<br />

– Integrated land use. Trees for fiber and fuel compete<br />

with food crops and grazing land and may or may not<br />

provide differential environmental services—<br />

partnerships will only work where a locally appropriate<br />

balance is achieved.<br />

– Multiple use. Opportunities for multiple land use at<br />

one site favor the use of partnerships (such as combining<br />

timber production, NTFP production, and<br />

ecosystem functions).<br />

– Market maturity. New production systems and new<br />

markets favor tight contractual partnerships while<br />

developed, open markets favor looser arrangements.<br />

– Access to technology and information. Insufficient technical<br />

and market knowledge among communities is a<br />

major disincentive to formation of partnerships.<br />

■<br />

Policy and governance<br />

– Land tenure. Changes in land and resource tenure<br />

(such as the privatization of state forests or securing<br />

of collective land title) often precipitate partnerships<br />

because partners need new deals to access forest<br />

production.<br />

– Forest sector incentives. In some countries, specific policy<br />

statements encourage partnerships (such as the<br />

comanagement requirements for state forest land).<br />

– Extra-sectoral incentives. Some policies are generally propartnership,<br />

such as those that encourage decentralization<br />

(see note 5.1, Decentralized Forest Management) or<br />

provide incentives to indigenous or small-scale business,<br />

while particular policies encourage different types of<br />

partnership (for example, environmental tax breaks<br />

favoring ecosystem service partnerships).<br />

– Governance. Implementation and survival of partnerships<br />

require considerable backstopping, including<br />

functional courts and efficient systems for legal recognition<br />

of representative bodies (see note 5.4, Strengthening<br />

Fiscal Systems in the Forest Sector). 1<br />

– Private-sector policy. Multinational corporate policies<br />

can precipitate transfer of partnership models<br />

internationally.<br />

Contractual arrangements. Partnership models may be<br />

based on successful arrangements elsewhere—and initial<br />

negotiations often depend on an external moderator. Typical<br />

agreements, verbal or written, include terms for financial<br />

and technical inputs, loan repayments, and benefit-sharing.<br />

Partners involved can benefit from advice and oversight on<br />

contractual terms (see Mayers and Vermeulen [2002] for<br />

guidance), and options for making the most of external<br />

incentive schemes should be explored, including carbon<br />

credits, certification, or business compacts.<br />

Time requirement for forming partnerships. It takes<br />

continual investment over long periods to build<br />

partnerships. Experience to date reveals three broad<br />

scenarios for the development of company-community<br />

forestry relationships: (i) little constitutive change over long<br />

periods, with the company partner taking the lead in<br />

directing the partnership; (ii) strengthening of the<br />

community partner’s position, such as renegotiation of<br />

benefit sharing or the community forming a company; and<br />

(iii) dissolution of the partnership (see “Ending a<br />

Partnership” below). A move toward tighter partnerships is<br />

not always desirable—in buoyant, competitive forest<br />

NOTE 2.1: COMPANY-COMMUNITY PARTNERSHIPS 73

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