Non-Legally binding Instrument (NLBI) on Sustainable Development of All Types of Forests

1. Non-Legally binding Instrument (NLBI) on Sustainable Development of All Types of Forests Dr J V Sharma

2. NLBI Following intense negotiations, the Seventh Session of the Forum adopted the landmark Non-Legally Binding Instrument on All Types of Forests on 28 April 2007. The instrument is considered a milestone, as it is the first time Member States have agreed to an international instrument for sustainable forest management. The instrument is expected to have a major impact on international cooperation and national action to reduce deforestation, prevent forest degradation, promote sustainable livelihoods and reduce poverty for all forest-dependent peoples. The NLBI was adopted by the UN General Assembly on 17 December 2007.

3. Why International Cooperation on Environmental Issues ? • Deterioration of Earth’s Environment increasingly threatens the natural resource base. • Environmental Challenge, Problems and solutions are transboundary, regional or global in scope • Need for Global Action for protection of Natural Environment • Environmental Law is a tool for catalyzing national and international action for protection of environment

4. History of International Policy

5. History of International Forest Policy • At the 1992 United Nations Conference on Environment and Development (UNCED) the forest issue was among the most controversial, polarizing developing and developed countries. • In Rio de Janeiro, Brazil, intense negotiations among governments at UNCED resulted in the Non-legally Binding Authoritative Statement of Principles for a Global Consensus on the Management, Conservation and Sustainable Development of all Types of Forests, also known as the “Forest Principles.

6. History of International Forest Policy • FOREST PRINCIPLES: A non-legally binding statement of Forest Principles, which recognized the need to conserve, manage and sustainable development of all types of forests as well as the sovereign rights of nations to utilize their forests

7. History of International Forest Policy United Nations Commission on Sustainable Development : • The Intergovernmental Panel on Forests (IPF), established by the Commission on Sustainable Development (CSD) for two years (1995-97) to provide a forum for forest policy deliberations. • Subsequently, in 1997, ECOSOC established the Intergovernmental Forum on Forests (IFF), for three years (1997-2000).

8. History of International Forest Policy • Outcomes of the IPF/IFF Processes: approximately 270 proposals for action, known collectively as the IPF/IFF Proposals for Action. These proposals provide governments, international organizations, private sector entities and all other major groups guidance on how to further develop, implement and coordinate national and international policies on sustainable forest management.

9. History of International Forest Policy • These proposals were non –legally binding. • UNFF a new International Arrangement on Forests (IAF) was established in 2000 by ECOSOC to carry on work building on IPF/IFF Processes

10. UNFF • In October 2000, ECOSOC established the United Nations Forum on Forests (UNFF), a subsidiary body with the main objective to promote the management, conservation and sustainable development of all types of forests and to strengthen long-term political commitment to this end…”based on the Rio Declaration, the Forest Principles, Chapter 11 of Agenda 21 and the outcome of the IPF/IFF Processes and other key milestones of IFP • The Forum has universal membership, and is composed of all Member countries and specialized agencies

11. Principal Function • To facilitate implementation of forest-related agreements and foster a common understanding on sustainable forest management; • To provide for continued policy development and dialogue among Governments, international organizations, including major groups, as identified in Agenda 21 as well as to address forest issues and emerging areas of concern in a holistic, comprehensive and integrated manner

12. Principal Function • To enhance cooperation as well as policy and programme coordination on forest-related issues • To foster international cooperation • To monitor, assess and report on progress of the above functions and objectives • To strengthen political commitment to the management , conservation and sustainable development of all types of forests.

13. Principal Function • Enhance the contribution of forests to the achievement of the internationally agreed development goals, including the MDGs, and to the implementation of the Johannesburg Declaration on Sustainable Development and the Plan of Implementation of the World Summit on Sustainable Development, bearing in mind the Monterrey Consensus of the International Conference on Financing for Development;

14. Principal Function • Encourage and assist countries, including those with low forest cover, to develop and implement forest conservation and rehabilitation strategies, increase the area of forests under sustainable management and reduce forest degradation and the loss of forest cover in order to maintain and improve their forest resources with a view to enhancing the benefits of forests to meet present and future needs, in particular the needs of indigenous peoples and local communities whose livelihoods depend on forests;

15. Principal Function • Strengthen interaction between the United Nations Forum on Forests and relevant regional and sub-regional forest-related mechanisms, institutions and instruments, organizations and processes, with participation of major groups, as identified in Agenda 21 and relevant stakeholders to facilitate enhanced cooperation and effective implementation of sustainable forest management, as well as to contribute to the work of the Forum;

16. UNFF Sessions • UNFF-1 2001 • UNFF-2 2002 • UNFF-3 2003 • UNFF-4 2004 • Development MYPOW • Plan for Implementation of IPF/IFF AFPs • Combating Deforestation and Degradation • Forest conservation • Economic aspects of forests • UNFF Trust Fund • Voluntary Reporting • Forest-related scientific knowledge; • Social and cultural aspects of forests; MAR and • Criteria and indicators; review of the effectiveness of the IAF; and • Finance and transfer of ESTs.

17. UNFF Sessions • UNFF-5-2006 • UNFF-6 2007 • UNFF-7 2009 • Agreed 4 global objectives • Negotiation failed on LBI • NLBI Agreed • Meeting Bi-annually • MYPOW from 2007-2015 • Voluntary global financing mechanism • 2011 as International year of Forests

18. UNFF Sessions • UNFF-8 2009 • UNFF-9 2011 • UNFF-10-2013 • MOI for SFM • International day as 21st March • Livelihood and Poverty Eradication • Global forest fund • Study on Forest Financing • Future IAF in UNFF-11 in 2015

19. Global Objectives on Forests (2006) • Reverse the loss of forest cover • Enhance forest-based economic, social and environmental benefits • Increase the area of sustainably managed forests and proportion of products from sustainably managed forests • Reverse the decline in official development assistance (ODA)

20. Collaborative Partnership on Forests (CPF) The Collaborative Partnership on Forests (CPF) is a voluntary arrangement among 14 international organizations and secretariats with substantial programmes on forests.  The CPF has two main objectives: • to support the work of the UNFF and its member countries and • to foster increased cooperation and coordination on forests

21. Collaborative Partnership on Forests (CPF) • CIFOR • FAO • ITTO • IUFRO • CBD • GEF • UNCCD • UNFF • UNFCCC • UNDP • UNEP • ICRAF • WORLD BANK • IUCN

22. Mission The CPF's mission is to promote the management, conservation and sustainable development of all types of forest and strengthen long term political commitment to this end

23. Background and Origin of the NLBI • Forests cover one third of the world’s land area • 4 billion ha; India- 78 million ha (68million ha 2010FRA) • 1.6 billion people depend on forests for their livelihood • High rate of deforestation -13 million ha. p.a. (-0.1% • India- afforestation rate of 0.21% p.a. • 17% of GHG emissions (global) • < 6% under management • US$ 1-1.5 trillion in lost revenue (TEEB 2010) • Finding ways to ensure that forests benefit present and future generations is the essence of sustainable forest management.

24. NLBI on All Types of Forests • Forest Instrument • May 2007 • Why NLBI? • Forests and trees provide multiple economic, social and environmental benefits • Existing consensus on forests: Forest principles, IPF/IFF proposals for action, resolutions and decisions of UNFF; • Impact of climate change on forests, contribution of forests to addressing climate change

25. Why NLBI • Need to strengthen political commitment and collective efforts at all levels • Mobilize increased financial resources, capacity development and transfer of technology • No agreement on Forest Convention or other legal arrangement • Keep international forest dialogue alive in absence of legally binding agreement

26. Guiding Principles • The instrument is voluntary and non-legally binding • Each State is responsible for the sustainable management of its forests and for the enforcement of its forest-related laws • Major groups, local communities, forest owners and other relevant stakeholders should be involved in a transparent and participatory way • Achieving SFM depends on significantly increased, new and additional financial resources • Achieving SFM also depends on good governance • International cooperation is crucial

27. Components • National policies and measures • International cooperation and means of implementation

28. National Policies and Measures • Develop and implement NFPs or similar strategies for SFM and integrate them into strategies for sustainable development incl. PRS • Consider the seven thematic elements of SFM • Promote the use of management tools to assess the environmental impact; promote good environmental practices • Develop/implement policies that encourage SFM to provide a wide range of goods and services, contribute to poverty reduction and the development of rural communities • Promote efficient production and processing of forest products

29. National Policies and Measures • Support the protection and use of traditional forest-related knowledge and practices incl. fair and equitable sharing of benefits • Further develop and implement C&I for SFM • Create enabling environments for investment by private sector, communities + other forest • Develop financing strategies taking into account all funding sources • Encourage recognition of range of values from forests and ways to reflect such values in the marketplace

30. National Policies and Measures • Enhance cross sectoral policy and programme coordination to integrate the forest sector into national decision-making processes • Integrate national forest programmes or other strategies of SFM into national sustainable development strategies e.g. PRSs • Establish or strengthen partnerships and joint programmes with stakeholders • Review and improve forest legislation, strengthen forest law enforcement, promote good governance • Address threats to forest health and vitality from natural disasters and human activities

31. National Policies and Measures • Develop or expand, and maintain networks of protected forest areas • Assess the conditions and management effectiveness of existing protected areas • Strengthen the contribution of science and research in advancing SFM; • Promote the development and application of scientific and technological innovations, incl. for local communities • Strengthen public understanding of the importance and benefits of forests and SFM

32. National Policies and Measures • Promote access to and support formal and informal education, extension and training, for implementation of SFM • Support education, training and extension programmes involving local and indigenous communities, forest workers and forest owners • Promote active and effective participation of major groups, local communities, forest owners and other relevant stakeholders

33. National Policies and Measures • Promote access to and support formal and informal education, extension and training, for implementation of SFM • Support education, training and extension programmes involving local and indigenous communities, forest workers and forest owners • Promote active and effective participation of major groups, local communities, forest owners and other relevant stakeholders

34. National Policies and Measures • Encourage the private sector and civil society organizations to implement voluntary instruments such as certification, • Enhance access by households, small-scale forest owners and communities to forest resources and markets

35. Monitoring, Assessment and Reporting • Member states noted importance of monitoring and reporting and agreed as follows: • Member States should monitor and assess progress on the instrument. • Member States should submit, on a voluntary basis, taking into account availability of resources and the requirements of other bodies or instruments, national progress reports to the Forum.

36. Overarching Policy Framework • Only international policy instrument dealing with All types of forests • Covers all aspects of SFM • Social, cultural, environmental (biodiversity, Climate change, Desertification) and economic functions of forests • Holistic or 360 degree view of forests • How to create an enabling environment for SFM • Provides platforms for exchange of experiences and best practices at all levels

37. Guiding and Strengthening NFP Implementation • Tool/checklist for assessing comprehensiveness of NFP • Assessing progress towards achieving SFM • Identification of areas needing strengthening taking into account the progress and specific features of each country

38. Linking the NLBI to National Development Frameworks • Demonstrating contribution of forests to national economy beyond GDP • Integration of forestry programmes into development plans at national (e.g. PRSPs, five year development plans) and sub-national levels

39. Coordinating International Forestry related Initiatives and Agreements • Many countries implementing :-CBD, UNFCCC, REDD+, FLEGT and Voluntary partnership agreements • Usually implemented by different departments or ministries in a fragmented manner - Duplication - Inefficient use of financial and Human resources • NLBI can serve to enhance coordination between these processes

40. Enhancing Inter-sectoral Coordination • Many forest related initiatives in other sectors: • Energy, agriculture, water, environment, trade, finance, judiciary • Identifying all forest related activities and involving all key stakeholders at national level helps with integration and coordination

41. A Basis for Resource Mobilisation • Most developing countries lack financial resources and capacity • Mobilise resources through • Integrating the elements of the NLBI into the NFP • Clearly demonstrating contribution to global objectives on forests • Comprehensive financing strategy to guide development partners to contribute to the funding of the NFP and NLBI

42. Criteria Relative Weight Score WeightedScore 1(a) Extent of forest 14.9 69.2 10.3 1(b) Contribution to Carbon 10.1 61.0 6.2 2 Forest Health & Vitality 13.3 48.0 6.4 3 Biodiversity Function 12.7 58.3 7.4 4 Production Function 12.3 52.0 6.4 5 Protection Function 12.6 59.7 7.5 6(a) Social Function 11.9 47.1 5.6 6(b) Economic Function 12.1 49.3 6.0 Total 100.0 55.8 Sustainability of India’s forests Source: Pilot study conducted by FSI, Dehradun 2004

43. Criterion towards Un-sustainability • Forest health & vitality • Status of natural regeneration • Incidences of Forest Fires • Pests & diseases • Weed infestation • Forest fragmentation • Social function • Timber rights • Dependence on forests for various tangible benefits • Economic function • Investment in forest sector

44. Thank you…