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Laying down the law in the forestry sector

Illegal forestry activities cause environmental, social and economic damage in many countries. Governments increasingly recognise the need for an effective and politically acceptable law enforcement strategy, but it is also necessary to understand the causes of illegal forest activities.

The extent of illegal felling, processing and trading of the world’s timber is unknown, but experts estimate that the problem is most severe in developing countries. This causes problems for the communities that depend on forest resources. Governments also suffer from a loss of forestry revenue.

There is an increasing awareness of the need to introduce appropriate law enforcement policies in the forestry sector. Many countries are now developing strategies to combat illegal forestry activities under the international agreements that have come into force in recent years. Research by the United Nations Food and Agriculture Organization suggests the best practices to improve law compliance in the forestry sector, drawing on case studies from around the world. Key findings include:

  • Illegal forest activities occur for many reasons, including a flawed policy and legal frameworks; a poor ability to enforce laws; insufficient data and information about forest resources and illegal operations; and corruption in the private sector and amongst governments.
  • Strategies to improve law compliance in the forest sector must understand these root causes and identify where corruption can be tackled.
  • Unless there is strong government desire to improve forest law compliance, and the backing of all parties involved in forestry, most measures have a limited chance of success.

Given the complexity of the causes and the number of groups involved in illegal and legal forest activities, the researchers recommend governments address the underlying causes of illegality and ensure that all concerned groups participate in the process of forming and enforcing forestry laws. More specifically, they suggest:

  • Making forestry policies and laws relevant to different situations. For example, governments can adjust laws based on the local causes of non-compliance, including the needs of local people.
  • Ensuring clarity and consistency in forestry laws within a country.
  • Analysing the interest groups involved and planning to ensure their support for new regulations – public awareness and support is necessary for forestry laws to work.
  • Using a participatory approach that involves all forest users in developing laws and enforcement strategies.
  • Securing forest ownership rights for poor people.
  • Ensuring that enforcement agencies have the necessary skills and resources to implement laws effectively.
  • Encouraging forest certification and engaging in trade agreements will limit illegal trade.
  • Increasing data and knowledge of the illegal forestry trade by assessing and monitoring forest resources, and comparing export and import statistics to measure the extent of illegality.
  • Agreeing on a definition of illegality amongst trading partners before launching forest crime detection programmes.

Source(s):
‘Best Practices for Improving Law Compliance in the Forestry Sector’, FAO Forestry Paper 145, FAO: Rome, by Arnoldo Contreras and Elisa Peter, 2005 (PDF) Full document.

Funded by: United Nations Food and Agriculture Organization

id21 Research Highlight: 8 September 2006

Further Information:
Elisa Peter
United Nations Non-Governmental Liaison Service
Room DC1-1106, United Nations
New York NY 10017,
USA

Tel: +1 212 963 3125
Fax: +1 212 963 8712
Contact the contributor: petere@un.org

United Nations Food and Agriculture Organization

Other related links:
'Illegal logging and forest livelihoods: which way forward for greater justice?'

'Bringing legality to the timber trade'

'Fighting illegal activities in Asian forests'

See id21's links for forestry

Views expressed on these pages are not necessarily those of DFID, IDS, id21 or other contributing institutions. Unless stated otherwise articles may be copied or quoted without restriction, provided id21 and originating author(s) and institution(s) are acknowledged.

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