Links between legality and sustainability

1. Links between legality and sustainability Alhassan Attah Executive Director, TIDD, Forestry Commission

2. Outline of presentation • Background – Setting the context • Some reflections on certification • Certification experiences from other sectors • Some reflections on the VPA • Proposal for the way forward • Conclusions

3. Background – Setting the context- I • Lack of progress for a global forest convention at the Earth Summit in Rio in 1992 and subsequent negotiations at IPF/IFF/UNFF processes • Continued loss of forest cover, particularly in the tropics and relevant to the Ghana context • NGOs frustration on the lack of action by governments

4. Background -Setting the context- II • Call for boycotts of tropical timber resulted in early engagement by Ghana in Nov 1995 • Forest certification seen as a means to achieve SFM at the FMU Level • Various initiatives to promote certification and sustainable forest management • Growth of certification still strongest in the temperate and boreal forests/developed countries

5. The Linkages Conceptually Potential legal & SFM CERTIFIED FLEGT VPA CW L ----------- Cost of compliance ------------- H Timber Production VLC VLO Illegal 0 ---------------------------- Time required to comply ------------------------------ -------------5

6. Some reflections on certification (I) • Voluntary market based mechanism that seeks to communicate environmental credentials of forests/timber • Legality a pre-condition for certification • However questions raised in the robustness for verifying legality under certification • Strong social and environmental components in standards

7. Some reflections on certification (II) • Proven effective in plantations and boreal and temperate forests • Not effective in tropical forests – complex nature • Growth of certification has been extremely slow in Ghana (Form (Gh)- plantations & JCM, SAMARTEX- CoC natural forests) • How should such companies be treated under the VPA? Exemptions?

8. Some reflections on certification (III) • Generally accepted that Phased approach – Legality as component 1 realistic • Third party independent verification • Increasing private sector support • Role of governments weak, particularly absent in the FSC – front runner • But Lessons for VPA legality assurance systems

9. Certification experiences from other sectors • Draw lessons for other sectors such as: • Kimberley process certification system • CITES- an exemption under the Ghana – EU VPA will have challenges for the forest sector and the VPA • Fisheries • Cocoa • In all these sectors Governments have a key role to play. Continued Government role critical for the promotion of VPA

10. Some reflections on the VPA-I • A relevant and useful step towards sustainability – At the national level • Growing trend to meeting market requirements and gaining market access (PPP) • Working definition negotiated, particularly under the VPAs – Future management by EU to ensure level playing field? • Perceived as a means of addressing illegal logging and associated trade – collective action

11. Some reflections on the VPA-II • Negotiated by stakeholders based on national differences and therefore balance of interests taken into account and gains acceptance generally • Good forest management tool • Potential MIS to enhance business decisions • Enhances better forest governance • But may not deliver sustainability

12. WHAT ARE THE CHALLENGES? • Can certification run parallel to the VPA national system? • Should companies pursuing certification be given some exemptions? • CITES certificates and recognition that its has complied with the VPA requirements? How should they be treated in producer countries? • How should one handle other initiatives?

13. WHAT ARE THE CHALLENGES? • Reflections on VPA relations with certification • Required documentation? • exemptions • Future role of governments in certification, particularly for some major front runners in forest certification • Engaging key importers such as China on VPA • LOGS FROM THE VOLTA LAKE ???

14. The way forward • A means for achieving forest certification • First step towards forest certification • Governments underwriting cost of first phase • Certification bodies to be engaged strongly in the VPA process • Existing companies pursuing forest certification must comply with VPA requirements

15. The Way Forward • For Ghana • Off reserve areas to come under VPA – verified legal • Forest reserve areas- VPA with the potential to full certification • Engage non- VPA countries that a major importers • Domestic market – a key to successful forest governance

16. Conclusion • VPA • A strong basis for improved forest governance • VPA a means to achieving forest certification • Encourage stakeholder consultations • Key element in both VPA & FC • Lessons to be drawn from other sectors • Recognition of government as key stakeholder in promoting forest certification

17. Conclusion • VPA • LAS a good forest management tool • Potential for providing MIS to business and governments, particularly market intelligence